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WANCOUVER - .
PUBLIC LIBRARY T H E
REVISED STATUTES
OF
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4. . AEYC. “. ...” . . . . - - - - • * '' … ....."
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PROCLAIMED AND PUBLISHED UNDER THE AUTHORITY OF THE
ACT 49 WICT., CHAP. 4, A.D. 1886.
f
V OL. II.
OTT AWA :
PRINTED BY BROWN CHAMBERLIN, LAW PRINTER TO THE QUEEN'S MOST
EXCELLENT MAJESTY FROM THE AMENDED ROLL OF THE SAID REVISED STATUTES
DEPOSITED IN THE of FICE OF THE CLERK of THE PARLIAMENTs, As DESCRIBED
BY THE SAID ACT, 49 VICT., CHAP. 4, 1886,

L887.
t
:
*ts
&º*s,^:
s
97.
98.
99.
TABLE OF CONTENTs.
º
WOL. II.
CHAPTER. TITLE.
94. An Act respecting Fishing by Foreign Wessels tº *
95. An Act respecting Fisheries and Fishing - & tº
96. An Act to encourage the development of the Sea Fisheries and
the building of Fishing Wessels - tº; tº *
An Act respecting Ferries - tº * * wº º
An Act respecting Tolls on Government Works for the trans-
mission of Timber gº ſº - &
An Act respecting the Inspection of certain Staple Articles of
Canadian produce - wº tº tº " ſº *
100. An Act to prohibit the manufacture and sale of certain sub-
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
111.
112.
stitutes for Butter - sº tº º gº
An Act respecting the Inspection of Gas and Gas Meters -
An Act respecting the Inspection of Petroleum tºº -
An Act respecting the Culling and Measuring of Lumber in
the Provinces of Ontario and Quebec tºº - sº
An Act respecting Weights and Measures - º º
An Act respecting Canned Goods tºº *I * -
An Act respecting the traffic in Intoxicating Liquors 4-
An Act respecting the Adulteration of Food, Drugs and Agri-
cultural Fertilisers iº s sº sº º
An Act respecting Agricultural Fertilisers sº º ºf
An Act respecting Railways - * {- tº a º
An Act respecting the sale of Railway Passenger Tickets *
An Act respecting Dominion Day - º sº tºº
An Act respecting Oaths of Allegiance - º * -
PAGE
1251
1257
113.
An Act respecting Naturalization and Aliens * .
iy
CHAPTER TITLE.
114
115
116.
117,
118.
119.
120.
121.
127.
128.
129.
130.
131.
132.
133.
184
135.
136.
187.
&
An Act respecting Inquiries concerning Public Matters s
An Act respecting the making of certain Investigations under
oath º - - tº- sº sº -
An Act to avoid the necessity of having Public Documents
engrossed on parchment - tº a - - º
An Act respecting defective Letters Patent"&nd the discharge
of Securities to the Crown * - tº tºº lº-
An Act respecting Joint Stock Companies tº- tºº sº
An Act respecting the incorporation of Joint Stock Companies
by Letters Patent - Tº wº- - tº º
An Act respecting Banks and Banking - - tºº iº
An Act respecting Government Savings Banks m ' -
. An Act respecting certain Savings Banks in the Provinces of
Ontario and Quebec - * tº • gº *
. An Act respecting Bills of Exchange and Promissory Notes
124.
125.
126.
An Act respecting Insurance - iº - - -
An Act respecting Loans in Canada by British Companies -
An Act respecting returns by certain persons and corporation
receiving moneys on deposit at interest - - * *
An Act respecting Interest - - tº- tº -
An Act respecting Pawnbrokers - - - • tº
An Act respecting Insolvent Banks, Insurance Companies,
Loan Companies, Building Societies and Trading Corpora-
tions tº- - º tº- - º -
An Act respecting the incorporation of Boards of Trade * --
An Act respecting Trade Unions - - º -
An Act respecting Electric Telegraph Companies tºº -
An Act respecting Marine Electric Telegraphs tº -
An Act respecting secrecy by Officers and persons employed on
Telegraph Lines - - º- - * gº
An Act respecting the Supreme and Exchequer Courts -
An Act respecting proceedings against the Crown by Petition
of Right - - - * = - - s
An Act respecting the Maritime Court of Ontario - -
PAGE
1553
1555.
155'ſ
1559.
1561
1571
1599.
1631
1637
1649
1663
1689
1691
1693
1699
1703
1733
1741
1749
1753
1759
1761
1785
1791
138.
1797
An Act respecting the Judges of Provincial Courts - tºº
v
CHAPTER - TITLE. - PAGE
139. An Act respecting Evidence - º • • gº 1805
140. An Act respecting the taking of evidence relating to proceedings
. in Courts out of Canada * * * sº tºº - 1809
141. An Act respecting Extra judicial Oaths - - - 1811
142. An Act respecting ** Extradition of Fugitive Criminals - 1813
143. An Act respecting Fugitive offenders in Canada from other
parts of Her Majesty's Dominions * * - - 1823
144. An Act respecting the application of the Criminal Law of
England to the Provinces of Ontario and British Columbia 1829
145. An Act respecting Accessories - º º -. - 1831
146. An Act respecting Treason and other Offences against the
Queen's authority tº . tº sº tº 1833
147. An Act respecting Riots, unlawful Assemblies, and Breaches
of the Peace - sº tº tº mº * - 1837
148. An Act respecting the improper use of firearms and other
Weapons - & * > * - * tºº - 1841
149. An Act respecting the seizure of arms kept for dangerous pur-
poses - = - - - gº - - 1843
150. An Act respecting Explosive Substances - tº- 1845
151. An Act respecting the Preservation of Peace in the vicinity of
Public Works - tºº * - • - 1849
152. An Act respecting the Preservation of Peace at Public Meetings 1857
153. An Act respecting Prize Fighting - - cº- tº 1859
154. An Act respecting Perjury * = wº gº - - 1863
155. An Act respecting Escapes and Rescues - - - 1865
156. An Act respecting Offences against Religion - - - 1869
157. An Act respecting Offences against Public Morals and Public *
- Convenience $º * º g- gº tºº 1871
158. An Act respecting Gaming Houses º º sº - 1875
159. An Act respecting Lotteries, Betting, and Pool-selling cº 1879
160. An Act respecting Gambling in Public Conveyances - - 1883
161. An Act respecting Offences relating to the Law of Marriage 1885.
162. An Act respecting Offences against the Person - sº - 1887
163.
1897
An Act respecting Libel ſº Fº tº i-e * *
Charter TITLE. -
164. An Act respecting Larceny and similar offences - -
165. An -
166.
167.
168.
169.
170.
171.
179.
180.
181.
vi
An Act respecting Forgery - - - º -
An Act respecting the fraudulent marking of Merchandise -
An Act respecting Offences relating to the Coin - º
An Act respecting Malicious Injuries to Property - tºº
An Act respecting offences relating to the Army and Navy
An Act respecting Military and Naval Stores tº gº -
An Act respecting the protection of the property of Seamen in
the Navy - º gº º - -> -
. An Act respecting Cruelty to Animals - ſº † : tº
. An Act respecting Threats, Intimidation and other Offences
. An Act respecting Procedure in Criminal Cases - tº- ‘ ºn
. An Act for the speedy trial, in the Provinces of Ontario, Quebec
and Manitoba, of certain indictable offences *E} gº
. An Act respecting the summary administration of Criminal
Justice Ee - º - - - -
. An Act respecting Juvenile Offenders tº tº- -
An Act respecting summary proceedings before Justices of the
Peace º sº gº º Eº cº º
An Act respecting Recognizances t- - -> tº-
An Act respecting Fines and Forfeitures sº º º
An Act respecting Punishments, Pardons and the Commutation
of sentences - - • - º- º º
. An Act respecting Penitentiaries - * - º
. An Act respecting Public and Reformatory Prisons - tº
. An Act respecting the Police of Canada º º tºº
. An Act respecting actions against persons administering the
Criminal Law &- ſº- º º º tº º
i
- .º
PAGE
1899
1927
1945
•1955
1963
1979
1981
1985
1987
1991
2001
2097
2105
2115
2123
2179
2187.
2189
2203
2225
2243
224.5
* THE
REVISED STATUTES
{
CAN AIDA.
Vol. II.
CHAPTER 94.
An Act respecting fishing by Foreign Wessels. A.D. 1886.
Hº Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. The Governor in Council may, from time to time, grant Governor may
to any foreign ship, vessel or boat, or to any ship, vessel or º
boat not navigated according to the laws of the United vessels, &c.,
Kingdom or of Canada, at such rate and for such term not {{...,
exceeding one year, as he deems expedient, a license to fish waters.
for, take, dry or cure any fish of any kind whatsoever, in
British waters, within three imarine miles of any of the coasts,
bays, creeks or harbors of Canada/not included within the
limits specified and described in the first article of the con-
vention between His late Majesty King George the Third and
the United States of America, made and signed at London,
on the twentieth day of October, one thousand eight hundred
and eighteen. 31 W., c. 61, s. 1;-46 W., c. 27, s. 1.
2. Any commissioned officer of Her Majesty's navy, serv- Certain
ing on board of any vessel of Her Majesty's navy cruising and É.
being in the waters of Canada for the purpose of affording officers may
protection to Her Majesty's subjects engaged in the fisheries, tºº."
or any commissioned officer of Her Majesty's navy, fishery such waters.
officer or stipendiary magistrate, on board of any vessel belong-
ing to or in the service of the Government of Canada and
employed in the service of protecting the fisheries, or any
officer of the customs of Canada, sheriff, justice of the peace
or other person duly commissioned for that purpose, may go
on board of any ship, vessel or boat within any harbor in
Canada or hovering in British waters within three marine

1% 1251 R
Chap. 94. Fishing by Foreign Vessels. 49 Vict.
Wessels found
howering in
Eritish waters
may be
brought into
port and
examined.
Forfeiture for
fishing with-
out a license,
&c.
And for en-
tering such
waters for an
unlawful pur-
pose.
Wessels, &c.,
forfeited may
be seized.
Penalty for
resisting
seizure.
Custody of
vessels, &c.,
seized.
Sale of goods,
vessels, &c.,
seized.
miles of any of the coasts, bays, creeks or harbors in Canada,
and stay on board so long as she remains within such harbor
or distance. 31 W., c. 61, s. 2.
3. Any one of the officers or persons hereinbefore men-
tioned may bring any ship, vessel or boat, being within any
harbor in Canada, or hovering in British waters, within
three marine miles of any of the coasts, bays, creeks or har-
bors in Canada, into port, and search her cargo, and may
also examine the master upon oath touching, the cargo and
voyage; and if the master or person in command does not
truly answer the questions put to him in such examination,
he shall incur a penalty of four hundred dollars; and if such
ship, vessel or boat is foreign, or not navigated according to
the laws of the United Kingdom or of Canada, and (a) has
been found fishing or preparing to fish, or to have been fishing
in British waters within three marine miles of any of the
coasts, bays, creeks or harbors of Canada, not included within
the above mentioned limits, without a license, or after the ex-
piration of the term named in the last license granted to such
ship, vessel or boat, under the first section of this Act, or (b)
has entered such waters for any purpose not permitted by
treaty or convention, or by any law of the United Kingdom
or of Canada for the time being in force, such ship, vessel or
boat and the tackle, rigging, apparel, furniture, stores and
cargo thereof shall be forfeited. 49 W., c. 114, s. 1.
4. All goods, ships, vessels and boats and the tackle, rig-
ging, apparel, furniture, stores and cargo liable to forfeiture
under this Act, may be seized and secured by any officers
or persons mentioned in the second section of this Act ; and
every person opposing any officer or person in the execution
of his duty under this Act, or aiding or abetting any other
person in any such opposition, is guilty of a misdemeanor,
and liable to a fine of eight hundred dollars and to two years'
imprisonment. 31 W., c. 61, s. 4. *
5. Goods, ships, vessels and boats, and the tackle, rig-
ging, apparel, furniture, stores and cargo seized as liable to
forfeiture under this Act, shall be forthwith delivered into
the custody of such fishery officer, or customs officer or other
person, as the Minister of Marine and Fisheries, from time
to time, directs, or shall be retained by the officer making the
seizure in his own custody, if so directed by the Minister, L
and in either case shall be secured and kept as other goods,
ships, vessels and boats, and the tackle, rigging, apparel, fur-
niture, stores and cargo seized are directed by the laws in
force in the Province in which the seizure is made, to be
secured and kept. 34 W., c. 23, s. 1.
6. All goods, vessels and boats, and the tackle, rigging,
apparel, furniture, stores and cargo condemned as forfeited
under this Act, shall be sold by public auction, by direction
1252 - R,
886. Fishing by Foreign Vessels. Chap. 94. 3
of the officer who has the custody thereof, under the provisions
of the next preceding section of this Act, and under regula-
tions made, from time to time, by the Governor in Council;
and the proceeds of every such sale shall be subject to the Applica-
control of the Minister of Marine and Fisheries, who shall º
first pay thereout all necessary costs and expenses of cus- ©
tody and sale; and the Governor in Council may, from time
to time, apportion three-fourths, or less, of the net remainder,
among the officers and crew of any of Her Majesty's ships or
Canadian Government vessel, from on board of which the
seizure was made, as he thinks right, reserving to the Crown
and paying over to the Minister of Finance and Receiver
General, at least one-fourth of such net remainder, to form -
part of the Consolidated Revenue Fund of Canada; but the Proviso.
Governor in Council may, nevertheless, direct that any goods,
vessel or boat, and the tackle, rigging, apparel, furniture,
stores and cargo seized and forfeited, shall be destroyed, or
be reserved for the public service. 34 W., c. 23, s. 2.

7. Every penalty or forfeiture under this Act may be re- i. ed.
covered or enforced in any court of vice-admiralty within “” “
Canada. 31W., c. 61, s. 7. - -
s. The judge of the court of vice-admiralty may, with the ...”
consent of the person who seizes any goods, ship, vessel or j on
boat and the tackle, rigging, apparel, furniture, stores and sºurity being
cargo, forfeited under this Act, order the re-delivery thereof, *
on security by bond to be given by the party, with two sure-
ties, to the use of Her Majesty; and if any goods, ship, vessel
or boat, or the tackle, rigging, apparel, furniture, stores and #ºn
cargo so re-delivered are condemned as forfeited, the value ...'."
thereof shall be paid into court and distributed as herein-demnation.
before directed. 31 W., c. 61, s. 8. ... •
9. The Attorney General of Canada may, in Her Majesty's §.
- & - * - General of
name, sue for or enforce any penalty or forfeiture incurred j
under this Act. 31W., c. 61, s. 9. - Slle.
10. If a dispute arises as to whether any seizure has or has : º of
not been legally made or as to whether the person who seized . "
was or was not authorized to seize under this Act, oral evi-
dence may be taken and the burden of proving the illegality
of the seizure shall lie upon the owner or claimant. 31 W.,
c. 61, s. 10.
II. No claim to anything seized under this Act and return- ºr
ed into any court of vice-admiralty for adjudication shall be ...”
admitted unless the claim is entered under oath, with the
name of the owner, his residence and occupation, and the
description of the property claimed,—which oath shall be
made by the owner, his attorney or agent, and to the best of
his knowledge and belief, 31 W., c. 61, s. 11.
13% 1253
4 Chap. 94. Fishing by Foreign Vessels. 49 WICT.
And security 12. No person shall enter a claim to anything seized
•. ** under this Act until security is given, in a penal sum not ex-
ceeding two hundred and forty dollars, to answer and pay
costs occasioned by such claim ; and in default of such
security, the things seized shall be declared forfeited, and
shall be condemned. 31 W., c. 61, s. 12.
ºf 18. No writ shall be sued out against any officer or other
...; person authorized to seize under this Act for anything done
this Act. under this Act, until one month after notice in writing has
been delivered to him or left at his usual place of abode by
the person intending to sue out such writ, his attorney or
agent, in which notice shall be contained the cause of
action, the name and place of abode of the person who is to
bring the action, and of his attorney or agent ; and no evi-
dence of any cause of action shall be admitted except such
as is contained in such notice. 31 W., c. 61, s. 13.
Limitation of 14. Every such action shall be brought within three
* months after the cause thereof has arisen. 31 W., c. 61, s. 14.
If judgment 15. If on any information or suit brought to trial under
... but this Act on account of any seizure, judgment is given for
...there was pro, the claimant, and the court or judge certifies that there was
º * probable cause for seizure, the claimant shall not be entitled
costs allowed, to costs, and the person who made the seizure shall not be
liable to any indictment or suit on account thereof; and if
any suit or prosecution is brought against any person on ac-
count of any seizure under this Act, and judgment is given
against him, and the court or judge certifies that there was
probable cause for the seizure, the plaintiff, besides the thing
seized or its value, shall not recover more than four cents
damages, and shall not recover any costs, and the defendant
shall not be fined more than twenty cents. 31W., c. 61, s. 15.
Tender of 16. Every officer or person who has made a seizure under
amends. this Act may, within one month after notice of action receiv-
ed, tender amends to the person complaining, or to his attor-
ney or agent, and may plead such tender. 31.W., c. 61, s. 16.
Limitation of 17. All actions for the recovery or enforcement of penal-
tºº. ties or forfeitures imposed by this Act shall be commenced
within three years after the offence committed. 31 W., c. 61,
S. 17. -
As to appeals 18- No appeal shall be prosecuted from any decree, or
;".” sentence of any court, in respect of any penalty or forfeiture
Act. imposed by this Act, unless the inhibition is applied for and
decreed within twelve months from the decree or sentence
being pronounced. 31 W., c. 61, s. 18.
3. 19. In cases of seizure under this Act, the Governor in
”” Council may direct a stay of proceedings; and in cases of con-
1254
1886. Fishing by Foreign Vessels. Chap. 94. 5
demnation, may relieve from the penalty, in whole or in part, ºfton
and on such terms as are deemed right. 31.W., c. 61, s. 19. *
20. This Act shall apply to every foreign ship, vessel or º *Ply
boat in or upon the inland waters of Canada; and the pro- . and
visions hereinbefore contained in respect of any proceedings other.courts
in a court of vice-admiralty shall, in the case of any such º'
foreign ship, vessel or boat, apply to the Maritime Court of admiralty in
Ontario and to the superior courts, and any penalty or for- "*
feiture under this Act may be recovered or enforced in any
of such courts in the Province, within which the cause of
prosecution arises. 31 W., c. 61, S. 20.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
- Excellent Majesty. -
1255
CHAPTER 95.
An Act respecting Fisheries and Fishing. A.D. 1886.
HER Majesty, by and with the advice and consent of the
** Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This Act may be cited as “The Fisheries Act.” 31 v., Short title.
c. 60, s. 24. - -
FISHERY OFFICERS. §
2. The Governor in Council may appoint fishery officers, ..
whose powers and duties shall be as defined by this Act and . jºi.
the regulations made under it, and by instructions from the -
Department of Fisheries; and every such officer, if he is Powers and
authorized by the Governor in Council to exercise the powers *
of a justice of the peace, shall for all the purposes of this
Act and the regulations made under it, be ex-officio a justice
of the peace, within the district for which he is appointed
to act as such fishery officer. 31.W., c. 60, s. 1, part.
3. Every fishery officer shall take and subscribe an oath Oath of office,
in the form following, that is to say:- -
“I, A. B., a fishery officer in and for the district described Form.
in my appointment, do solemnly swear, that to the best of º
my judgment, I will faithfully, honestly and impartially
fulfil, execute and perform the office and duty of such officer
according to the true intent and meaning of “The Fisheries
Act” and regulations, and in accordance with my instruc-
tions. So help me God.” 31 W., c. 60, s. 1, part.
FISHERY LEASES AND LICENSEs.
4. The Minister of Marine and Fisheries may, wherever Fishery leases.
* , º * c - tº and licenses.
the exclusive right of fishing does not already exist by law, -
issue or authorize to be issued fishery leases and licenses
for fisheries and fishing wheresoever situated or carried on ;
but leases or licenses for any term exceeding nine years shall; ..."
be issued only under authority of the Governor in Council. years.
31 W., c. 60, s. 2. -
COD FISHERY.
5. No one shall use mackerel, herring or caplin, seines tºod
for taking codfish, and no codfish seine shall be of a less ****

1257 -
2 Chap. 95. The Fisheries Act. 49 WICT.
sized mesh than four inches in extension in the arms, and
three inches in the bunt or bottom of the Seine. 31 W., c. 60,
S. 4.
WHALE, SEAL AND PORPOISE FISHERY.
Seals, &c., not 6. Every one who hunts or kills whales, seals or porpoises
tººlby by means of rockets, explosive instruments or shells, shall
shells. be liable to a penalty not exceeding three hundred dollars,
Penalty. and in default of payment to imprisonment for a term not
exceeding six months. 31 W., c. 60, s. 5.
Sedentary 7. Every one who, with boat or vessel, during the time of
...” fishing for seals, knowingly or wilfully disturbs, impedes
- or injures any sedentary seal fishery, or prevents, hinders or
frightens the shoals of seals coming into such fishery, shall,
for each offence, be liable to a penalty not exceeding sixty
dollars and, in default of payment, to imprisonment for a
term not exceeding one month; and shall also be liable to pay
such damages as are assessed by the fishery officer or justice
of the peace before whom the person injured complains:
Disputes as to 2. Disputes between occupiers of seal fisheries concerning
i... limits and the mode of fishing or setting nets, shall be decided
summarily by any fishery officer or justice of the peace, by
whom arbitrators may be appointed to assess damages; and
any damages assessed or which arise out of a repetition or
continuance of the difficulty ordered to be remedied, may be
levied under the warrant of any fishery officer or justice of
the peace. 31 W., c. 60, s. 6.
Penalty.
SALMON FISHERY.
Çlose season S. Salmon shall not be fished for, caught or killed, between
** the thirty-first day of July and the first day of May, in the
Provinces of Ontario and Quebec, and in the river Resti-
gouche; or between the fifteenth day of August and the first
day of March, in the Provinces of New Brunswick and Nova
Scotia; or between the first day of September and the thirty-
first day of December, in the Province of Prince Edward
Island : Provided always, that it shall be lawful to fish for,
catch and kill salmon with a rod and line, in the manner
Proviso; as to known as fly-surface-fishing, between the thirtieth day of
*** April and the thirty-first day of August, in the Provinces of
Ontario and Quebec, and between the first day of February
and the fifteenth day of September, in the Provinces of New
Brunswick and Nova Scotia :
Foul salmon. 2. Foul or unclean salmon shall not be, at any time, caught
or killed: .
Fry, parr and 3. Salmon fry, parr and Smolt shall not, at any time, be
i.” fished for, caught or killed, and no salmon or grilse of less
weight than three pounds shall be caught or killed; but if
caught by accident in nets lawfully used for other fish, they
shall be liberated alive, at the cost and risk of the owner of
1258
1886. The Fisheries Act. Chap. 95. 3.
the fishery, on whom, in every case, the proof of such actual
liberation shall devolve:
4. Meshes of nets used for capturing salmon shall be at Size of meshes.
least five inches in extension, and nothing shall be done to ...”
practically diminish their size :
5. The use of nets or other apparatus for the capture of Use ºf nets re-
salmon shall, except in the Provinces of Nova Scotia and gulated.
New Brunswick, be confined to tidal waters, and any fishery
officer may determine the length and place of each net or
other apparatus used in any of the waters of Canada ; but
nothing contained in this section shall prevent the use of Proviso; as to
nets for catching salmon in the lakes of the Province of ***
Ontario, or preclude the Minister of Marine and Fisheries
from authorizing, by special fishery licenses or leases, the
capture of salmon by nets in fresh water streams : Provided, Proviso; as
that no one shall fish for or catch salmon with swing nets ****
in any of the waters of Canada :
6. The Minister, or any fishery officer authorized to such Boundaries of
effect, shall have power to define the tidal boundary of tºº
estuary fishing for the purposes of this Act; and every one defined.
who, without the special fishery lease or license above pro- Penalty for
vided for, fishes for salmon above the actual limit so laid #.
down, except with a rod and line, in the manner known as º'
fly-surface-fishing, shall be liable to a penalty not exceeding and line, &c.
one hundred dollars, and in default of payment to imprison-
ment for a term not exceeding two months: -
7. All nets, or other lawful appliances for the capture of Pistance of
salmon, shall be placed at distances of not less than two hun- “ apart, &c.
dred and fifty yards apart, without intermediate fishing
materials of any kind being set or used in and about any
other part of the stream : - º
8. No one shall drift for salmon, except in British Colum- #". to
bia, where drifting with salmon nets shall be confined to †.
tidal waters; but drift nets for salmon in the said Province Exception.
shall not be so set or used as to obstruct more than one-
third of the width of any river:
9. Any fishery officer may direct, either in writing or orally Further dis-
on sight, that a greater space than two hundred and fifty iºn
yards shall be left between salmon nets, or other fishing prescribed.
apparatus, and may prescribe their dimensions and exten-
sion: but gill or float nets shall not be used to lengthen, Proviso.
extend or enlarge any other kind of fishery : -
10. No salmon shall be captured within two hundred. As to spawn-
yards of the mouth of any tributary, creek or stream which * *
salmon frequent to spawn:
11. Except in the manner known as fly-surface-fishing Mode of kill.
with a rod and line, salmon shall not be fished for, caught ºran
or killed at any artificial pass or salmon leap, or in any pool
where salmon spawn :
12. Except under the authority and for the special pur-Salmon
pose provided for in this Act, no one shall take, buy, sell, spawn.
- 1259 - -
Chap. 95. The Fisheries Act. 49 WICT. .
As to trout.
In Ontario.
In Quebec.
in Prince Ed-
ward Island.
In other parts
of Canada.
In inland
WaterS.
Exception as
to Indians.
Exception as
to fish used
for bait, &c.
Close season
for whitefish.
In Ontario.
destroy, use or possess any salmon roe, or injure any spawn-
ing bed. 31.W., c. 60, s. 7;-38 W., c. 83, s. 1.
TROUT AND WHITEFISH, FISHERY.
9. The following provisions shall be observed with
respect to trout, that is to say:— - -
(a.) In the Province of Ontario, no person shall fish for,
catch, kill, buy, sell or have in his possession any speckled
trout, “ salmo fontinalis,” between the fifteenth day of Sep-
tember and the first day of May, or any salmon trout
between the first and tenth days of November, both days
inclusive, in each year; or any lake trout between the fif-
teenth day of October and the first day of December, or any
brook or river trout between the fifteenth day of September
and the first day of January in each year; .
(b.) In the Province of Quebec, no person shall fish for,
catch, kill, buy, sell or have in his possession any salmon
trout, lake trout or lunge, between the fifteenth day of
October and the first day of December, or any speckled
trout, between the first day of October and the thirty-first
day of December, or any brook or river trout, between the
fifteenth day of September and the first day of January in
each year; - -
(c.) In the Province of Prince Edward Island, no person
shall fish for, catch, kill, buy, sell or have in his possession
any trout between the first day of October and the first day
of December in each year, and they shall not, at any time,
be fished for or taken by spears, sweep nets or seines in
any river, stream or pond;
(d.) In all other parts of Canada no person shall fish for,
catch, kill, buy, sell or have in his possession any kind of
trout or lunge in any way whatever, between the first day
of October and the first day of January :
2. No one shall, at any time, fish for, catch or kill trout by
other means than angling by hand with hook and line, in
any inland lake, river or stream, except in tidal waters:
3. In the Province of Manitoba and the North-West Ter-
ritories, Indians may, at any time, catch or kill speckled
trout for their own use only, and not for purposes of sale or
traffic : -
4. Nothing in this section shall prevent the use of Small
sized trout for the purpose of baiting traps, or affect the
taking and using the same by fishermen as bait for cod fish-
ing in tidal waters, or subject fishermen to penalty if by
accident in fishing for herrings or whitefish by means of
nets, trout are inclosed or taken. 31 W., c. 60, s. 8.
10. No one shall fish for, catch, kill, buy, sell or have in
his possession, whitefish— -
(a.) In the Province of Ontario, between the first and
tenth days of November, both days inclusive, in each year,
1260
1886. - The Fisheries Act. Chap. 95. it, 5
or by means of any kind of seine, between the thirteenth
day of May and the first day of August; - -
(b.) In the Province of Quebec, between the tenth day. In Quebec.
of November and the first day of December in each year, or
by means of any kind of seine between the thirty-first day
of July and the first day of December; - -
(c.) In the Province of Manitoba and the North-West In Manitoba
Territories, between the twentieth day of October and the ****
first day of November, in each year: Provided that Indians
may there catch or kill the same for their own use only, but
not for purposes of sale or traffic, and provided that white-
fish shall not be taken or used, bought, sold or possessed
for making oil or feeding domestic animals;
(d.) In any other part of Canada, between the nineteenth . gºtº
day of November and the first day of December in each year: "“
2. The fry of whitefish shall not be, at any time, des-º be
troyed: w yed.
3, Gill nets for catching salmon trout or whitefish shal
have meshes of at least five inches extension measure; and
gill nets shall not be set within two miles of any seining
ground: * ... " -
4. Seines for catching whitefish shall have meshes of not Seines.
less than four inches extension measure. 31 W., c. 60, s. 9.
l Gill nets.
OTHER, FISHERIES.
II. Close seasons for bass, pike, pickerel (doré), maskinongé ;*
and other fish, may be fixed by the Governor in Council to y - v-
suit different localities. 31 W., c. 60, s. 10. -
POSSESSION OF FISH.
12. No one shall, without lawful excuse, (the proof whereof Prohibition to
shall lie on him), buy, sell or possess any fish, or portion of any ##".
fish named in this Act, caught or killed at a time or in a season.
manner prohibited by law : -
2. Every customs officer, excise officer, police officer or con- ºr,
stable, clerk of a market or other person in charge of any mar- .."
ket-place in any village, town or city, shall seize and, upon ...
view, confiscate to his own proper use, any fish mentioned in ...”
this Act, caught or killed during prohibited seasons, or which
appears to have been killed by unlawful means ; but every
such seizure and appropriation, with the date, place and cir- And report
cumstances thereof, shall be duly reported, together with the **
name, residence and calling of the person in whose possession
such fish was found, to the fishery officer who has jurisdiction
over the district within which such seizure, confiscation and
appropriation took place. 31 W., c. 60, s. 11.
CONSTRUCTION OF FISH-WAYs.
13. Every dam, slide, or other obstruction across or in any Fish-ways
stream where the Minister of Marine and Fisheries deter- º,
1261
6 Chap. 95. The Fisheries Act. 49 WICT.
* mines it to be necessary for the public interest that a fish-
officer directs, pass should exist, shall be provided by the owner or occupier
with a durable and efficient fish-way, which shall be main-
tained in practical and effective condition, in whatever place
and of whatever form and capacity will admit of the passage
of fish through the same; and the place, form and capacity
of the fish-way may be prescribed by any fishery officer by
notice in writing :
º for 2. Every one who violates the foregoing provisions of this
” section shall incur a penalty of four dollars for each day
during which any such obstruction remains unprovided with
a fish-way, after three days' notice in writing to the owner
or occupier thereof: -
To be kept 3 Fish-ways shall be kept open and unobstructed and shall
open, &c., be supplied with a sufficient quantity of water to fulfil the
purposes of this enactment, during such times as are required
- by any fishery officer:
Minister ma 4. The Minister may authorize the payment of one-half of
pay one hal o tº tº
the cost. the expense incurred by such owner or occupier in construct-
ing and maintaining any fish-way:
. construct , 5. The Minister, in order to procure the construction of any
i.” fish-way, pending proceedings against any owner or occupier
certain cases, for the penalty imposed by this Act, may give directions to
make and complete the same forthwith, and may authorize
any person to enter upon the premises with the necessary
workmen, means and materials, and may recover from the
owner or occupier the whole expense so incurred by action
before any competent tribunal:
Not to be ob- 6. No person shall injure or obstruct any fish-way, or do
º * anything to deter or hinder fish from entering and ascend-
ing or descending the same, or injure or obstruct any author-
ized barrier. 31 W., c. 60, s. 12.
GENERAL PROHIBITIONS.
;" | 14. Every one who fishes for, takes, catches or kills fish in
#ºsed any water, or along any beach, or within any fishery limits
to another, described in any lease or license, or places, uses, draws or sets
therein any fishing gear or apparatus, except by permission
of the occupant under such lease or license for the time being,
or disturbs or injures any fishery, shall be liable to a penalty
not exceeding one hundred dollars and costs, or to imprison-
Apparatus, ment for a term not exceeding two months; and the fishing
...” apparatus so used, and all fish taken or caught, shall be for:
feited, and any fishery officer or the holder of any such lease
or license may, on view, forthwith seize and remove any net
or apparatus so used, to be dealt with according to law :
Proviso: as . Provided always, that the occupation of any fishing station
: ** or waters so leased or licensed for the express purpose of net
fishing shall not interfere with the taking of bait used for
codfishing, or prevent angling for other purposes than those
of trade and commerce : - -
1262
1886. The Fisheries Act. Chap. 95. 7
2. Seines, nets or other fishing apparatus shall not be set Navigation
•º - - º - ... not to be
in such a manner or in such places as to obstruct the navi- ja.
gation with boats and vessels, and no boats or vessels shall
be permitted to destroy or wantonly injure in any way any
seines, nets or other fishing apparatus lawfully set:
3. Every person using stakes or other timber placed for Stakes to be
fishing purposes in any water shall remove the same within “”
forty-eight hours after ceasing to use them, and in all cases
at the expiry of the fishing season: • .
4. The main channel or course of any stream shall not be Main channels
obstructed by any nets or other fishing apparatus; and one- #4.
third of the course of any river or stream, and not less than
two-thirds of the main channel at low tide, in every tidal
stream, shall be always left open, and no kind of fishing
apparatus or material shall be used or placed therein : Pro- -
vided that the use of weirs for catching eels exclusively, and Proviso; as
the use of mill-dams for catching eels, shall be prevented only ****
in cases where, and at times when they injure other fisheries
or, by completely barring any passage, they deprive other
weirs of a share in the run of eels: and such place, time and
circumstances may be determined by any fishery officer :
5. No net or other device shall be so used as entirely to *..."
obstruct the passage of fish to or from any of the waters of ...".
Canada, by any of the ordinary channels connecting such passage of
waters, or prevent their passage to and from accustomed re-“
sorts for spawning and increasing their species: -
6. No one shall catch, kill or molest fish when passing or j .
attempting to pass through any fish-way, or fish-pass, or in ºil.
surmounting any obstacle or leap, or shall use any inven-
tion to catch, kill or molest fish in the mill-dams, fish-ways,
mill-heads and water courses appurtenant thereto : -
7. No one shall use a bag-net, trap-met or fish-pound, ex-Certain nets
cept under a special license, granted for capturing deep-sea"
fish other than salmon : - - - -
8. No one shall fish for, catch or kill salmon, trout or lunge Fish not to be
of any kind, maskinongé, winaniche, bass, barfish, pickerel, **
whitefish, herring, or shad, by means of spear, grapnel hooks,
negog, or nishagans: Provided, that the Minister of Marine Proviso: as
and Fisheries may appropriate and license or lease certain to Indians.
waters in which certain Indians shall be allowed to catch
fish for their own use in the manner and at the time specified
in the license or lease, and may permit spearing in certain
localities: -
9. No one shall fish for, catch, kill, buy, sell or possess Young of fish
the young of any of the fish mentioned in this Act, or in lºbe
any regulation under it : - **C* Cº. *-*... . e.
10. Seines for barfish shall have meshes of not less than Seines for
three inches, extension measure : barfish. . .
11. Fishery officers may determine or prescribe the dis- Distance
tance between each and every fishery (pêcherie), and shall ºn fish-
forthwith remove any fishery which the owner neglects or
refuses to remove; and such owner shall be moreover liable
1263
Chap. 95. The Fisheries Act. 49 WICT.
Fascine fish-
eries with
box-traps.
Nets, &c., in
small rivers.
Fish to be
allowed free
g. Oll
unday.
And forfeited
if then taken.
Proviso: as to
certain fish-
eries in tidal
WaterS.
Penalty for
throwing
overboard
certain sub-
stances pre-
judicial to
fisheries.
Proviso: as
to the disposal
of Offal.
for a violation of this Act, and for the cost and damages of
removing such º: - -
12. Every fascine fishery with a box-trap (coffre), instead
of pound, shall have across the outside end of such box-trap
a wire covering or a met work, the meshes of which shall be
at least one inch square; but this shall not apply to eel weirs
during autumn : º -
13. Nets or other fishing apparatus shall not be so used as
to impede or divert the course of fish in any small river:
14. From the time of low water nearest six of the clock
in the afternoon of every Saturday, to the time of low water
nearest six of the clock in the forenoon of every Monday, in
tidal waters, and from six of the clock in the afternoon of
every Saturday to six of the clock in the forenoon of the
following Monday in non-tidal waters—seines, nets or other
apparatus used for catching fish shall be so raised or adapted
as to admit of the free passage of fish through, by or out of
the same, for the purpose of affording a free passage from six
of the clock on every Saturday afternoon to six of the clock
on every following Monday forenoon, and during such close
time no one shall catch fish by such means; and any fish so
taken, caught or killed, together with the nets or other appa-
ratus used, shall be forfeited: Provided always, that this sub-
section shall, as affects the deep-sea and coast fisheries in
tidal waters, apply only to salmon, and the salmon fishery
with nets and other apparatus, within a distance of three
miles on either side of the mouth of any river or harbor fre-
quented by salmon. 31 W., c. 60, s. 13. -
INJURIES TO FISHING GROUNDS AND POLLUTION OF RIVERs.
15. Every one who throws overboard ballast, coal ashes,
stones, or other prejudicial or deleterious substances in any
river, harbor or roadstead, or any water where fishing is
carried on, or throws overboard or lets fall upon any fishing
bank or ground, or leaves or deposits or causes to be thrown,
left or deposited, upon the shore, beach or bank of any water,
or upon the beach between high and low water mark, inside
of any tidal estuary, or within two hundred yards of the
mouth of any salmon river, remains or offal of fish, or of .
marine animals, or leaves decayed or decaying fish in any
met or other fishing apparatus, shall be liable, for each offence,
to a penalty not exceeding one hundred dollars, or to imprison-
ment for a term not exceeding two months; and every one
so offending, whether master or servant, and the master or
owner of any vessel or boat from which such ballast or offal,
or other prejudicial substance is thrown, shall be liable for
each such offence : Provided always, that such remains or
offal may be buried ashore, beyond high water mark, and that
at establishments situated inside of the mouths of rivers for
carrying on deep-sea fisheries, the same may be dropped into
perforated boxes or inclosures built upon the beach, or under
1264
1886. - The Fisheries Act. Chap. 95. 9
f
stage-heads, in such manner as to prevent the same from
being floated or drifted into the streams, or may be disposed
of in such other manner as any fishery officer prescribes:
2. Lime, chemical substances or drugs, poisonous matter, Pºisonous
dead or decaying fish, or any other deleterious substance,”
shall not be thrown into, or allowed to pass into, or beleft of
remain in any water frequented by any of the kinds of fish
mentioned in this Act; and every one who throws or allows Mill rubbish.
to drift into any stream frequented by fish, saw dust or mill Sº" *
rubbish, shall incur a penalty not exceeding one hundred
dollars: Provided always, that the Minister of Marine and Proviso:
Fisheries may exempt from the operation of this sub-section, sº
wholly or partially, any stream or streams in respect to which stream, &c.
he considers that its enforcement is not requisite in the public
interest. 31 W., c. 60, s. 14.

FISHERY REGULATIONS.
16. The Governor in Council may, from time to time, Governor in
make regulations for the better management and regulation ;
of the sea-coast and inland fisheries, to prevent or remedy regulations.
the obstruction and pollution of streams, to regulate and
prevent fishing, to prohibit the destruction of fish, and to
forbid fishing except under authority of leases or licenses,
which regulations shall have the same force and effect as if
herein enacted, notwithstanding that such regulations And may
extend, vary or alter any of the provisions of this Actrespect-ºy
ing the places or modes of fishing or the times specified as visions ºmis
prohibited or close seasons, and may fix such other modes, Act.
times or places as are deemed by the Governor in Council
adapted to different localities, or otherwise expedient : j
2. Such regulations shall take effect from the date of the Publication of
publication thereof in the Canada Gazette : . . - regulations.
3. Every offence against any regulation made under this Offences
Act may be stated as in violation of this Act. 31 W., c. 60, #. **
S. 19. *
POWERS OF FISHERY OFFICERS AND OTHER JUSTICEs.
17. Any fishery officer or other justice of the peace may, Fishery officer
on view, convict of any of the offences punishable under the ...”
provisions of this Act, and may remove instantly and detain ..
any materials unlawfully in use: -
2. Any fishery officer or other justice of the peace may Search may
search, or grant a warrant to search, any vessel or place where **
there is reason to believe that any fish taken in violation of
this Act, or anything used in violation thereof, is concealed:
3. If any offence under this Act is committed in, upon or In *: local-
near any waters forming the boundary between different ....”
counties or districts, or fishery districts, such offence may be prosecuted.
prosecuted before any justice of the peace in either of such
counties or districts, or before the fishery officer for eithe
fishery district: -
. * 1265
10 Chap. 95. The Fisheries Act. 49 WICT.
High.º.º.º. 4. In the discharge of his duties any fishery officer, or
ery officer to - s tº . * — — .
pass over other person or persons accompanying him or authorized to
lands. such effect, may enter upon and pass through or over private
$ property without being liable for trespass:
#. as to 5. Disputes between persons relative to fishing limits or
“ claims to fishery stations, or relative to the position and use of
nets and other iii. apparatus, shall be settled by the local
fishery officer:
ºds, 6. Gurry grounds may be designated or defined by any
fishery officer: -
§: to 7. Any fishery officer, stipendiary magistrate, or commis-
i.o.ºrs, Sioned officer of Her Majesty's navy, on board of any vessel
ºlº of belonging to or chartered by the Government of Canada,
..., employed in the service of protecting fisheries, and every
Act. commissioned officer of Her Majesty's navy serving on board
of any vessel cruising and being in the waters, harbors or
ports of Canada, shall, for the purpose of affording protec-
tion to Her Majesty's subjects engaged in the fisheries, and
of enforcing any laws relating to such fisheries, exercise the
powers of a justice of the peace, without property qualifica-
tion and without taking any oath of office, in all the waters,
harbors or ports, and on all the coasts of Canada where, for
the time being and for the purposes above described, they
are so engaged : .
Propert 8. Property seized by any fishery officer, stipendiary magis-
::::::::::" trate or naval officer, acting as aforesaid, may be removed for
disposal to the nearest or most convenient port where any
revenue officer or other public officer empowered to deal with
the matter resides : -
Powers of 9. Whenever it is impracticable for any fishery officer, sti-
officer, &c., as g * ~ * { } & ©
†" pendiary magistrate or naval officer, acting in such capacity,
of prisoners, to cause any prisoner to be conveyed to, and committed to
the nearest common gaol, he may detain him on board of the
vessel, or transfer him to another vessel for conveyance to
and delivery at the most convenient place, and with all con-
venient dispatch, where he can be duly committed into the
custody of the sheriff or other officer of the county or district
in which the common gaol is situated to which he is ordered
99nveyance to be committed; and until such prisoner is so delivered into
*P* the immediate custody of any sheriff or gaoler the fishery
officer, stipendiary magistrate or naval officer having him in
charge, shall have, in all places through which it is necessary
to convey such prisoner, the same authority and power in
regard to such prisoner, and to command the aid of any of
Her Majesty's subjects in preventing his escape, or in retaking
him in case of escape, as any county or district sheriff or
peace officer has while lawfully conveying a prisoner from
one part of his own district to another: *
Where the 10. Every such offence shall be deemed to have been com-
i." mitted in the county or district to the common gaol of which
be held
;:"... the commitment has been actually made. 31.W., c. 60, s. 18.
Committed. 1266
1886. The Fisheries Act. Chap. 95. 11
PENALTIES AND FORFEITURES.
18. Except as herein otherwise provided, every one who Penalty in
violates any provision of this Act, or of the regulations under ...”
it, shall be liable to a penalty not exceeding twenty dollars provided.
and costs, and in default of payment, to imprisonment for a
term not exceeding one month and not less than eight days;
and any fishery officer or justice of the peace may grant a
warrant of distress for the amount of such penalty and costs :
but whenever it appears to the satisfaction of the justice of
the peace or fishery officer that the offence was committed in
ignorance of the law, or that because of the poverty of the
defendant the penalties imposed would be oppressive, a dis-
cretionary power may be exercised :
2. If any defendant has goods and chattels whereon the Distress for
costs may be levied, the complainant may distrain for the * *
amount under warrant by any fishery officer or other justice
of the peace, notwithstanding the imprisonment of the person
convicted : -
3. All materials, implements or appliances used, and all Forfeiture of
fish caught, taken or killed in violation of this Act or any ..."
regulation under it, shall be confiscated to Her Majesty, and of this Act.
may be seized and confiscated, on view, by any fishery offi- º
cer, or taken and removed by any person for delivery to any
justice of the peace; and the proceeds arising from the dis-
posal thereof may be applied towards defraying expenses
under this Act: & 8 &
4. A moiety of every penalty levied by virtue of this Act .
shall belong to Her Majesty, and the other moiety shall be jº
paid to the prosecutor, not being a fishery officer, together
with costs taxed to him in respect thereof; but if a fishery
officer is the informer, the whole shall belong to Her Majesty:
5. Her Majesty's share of each penalty and all proceeds Grown's
derived from the sale of confiscated articles under this Act, share.
shall be paid to the Minister of Finance and Receiver
General through the Department of Fisheries, and be ap-
plied towards the expenses incurred for the protection of the
fisheries: -
6. Persons aggrieved by any such conviction may appeal Appeal to
by petition to the Minister of Marine and Fisheries, who may Minister.
remit penalties and restore forfeitures under this Act. 31.W.,
c. 60, s. 16, part.
MODE OF RECOVERY.
19. Every penalty or forfeiture imposed by this Act, or Before whom
regulations made under it, may be recovered or enforced on "****
parol complaint, before any fishery officer, stipendiary magis-
trate or justice of the peace, in a summary manner, on the
oath of one credible witness: -
2. Three days shall elapse between the service and the Service of
return day of the summons to any defendant served within * *
fifteen miles, and one day more for each additional fifteen
2% 1267
Chap. 95. The Fisheries Act. 49 WICT,
Proviso: for
cases not
admitting of
delay.
Limitation of
suits.
Who shall be
liable.
No quashing
for want of
form &c.
Forms of
proceedings
under this
Act.
Waters may
be set apart
for the pro-
pagation of
fish
SIle
Penalty for
trespass.
Licenses to
take spawn,
&c.
Fishery
lessees in ar-
rears, &c.
miles of the distance between the place at which the sum-
mons is issued and the place of service: Provided, that if it
is expedient to proceed against a defendant without delay,
any fishery officer orjustice of the peace may issue a summons,
returnable immediately, to compel the defendant to appear
before him forthwith, or may issue a warrant for the appre-
hension of such defendant simultaneously with the sum-
IſlOIlS .
3. Penalties incurred under this Act, or the regulations
made under it, shall be sued for within two years from the
commission of the offence:
4. When not otherwise specified, every proprietor, owner,
agent, tenant, occupier, partner or person actually in charge,
either as occupant or servant, shall be deemed to be jointly
and severally liable for any penalties or moneys recoverable
under any of the provisions of this Act or of any regulation
made under it :
5. No proceeding or conviction under this Act or under
any regulation made under it shall be set aside or quashed for
irregularity or defect in form, and no warrant of arrest or
commitment shall be held void by reason of any defect there-
in, if it is therein alleged that the defendant has been con-
victed, and there is a good and valid conviction to sustain the
same. 31.W., c. 60, s. 17.
FORMS OF PROCEDURE.
20. The forms in the schedule to this Act may be used
when applicable ; and the “Act respecting summary proceed-
*ngs before Justices of the Peace” shall apply to proceedings
under this Act. 31.W., c. 60, s. 23. -
GENERAL PROVISIONS.
21. The Minister of Marine and Fisheries may authorize
to be set apart, and to be leased, any river or other water for
the natural or artificial propagation of fish; and every person
who wilfully destroys or injures any place set apart or used
for the propagation of fish, or who fishes therein without
written permission from a fishery officer, or from the holder
thereof under lease or license, or uses therein any fishing
light or other implement for fishing, during the period for
which such waters are so set apart, shall be liable to a penalty
not exceeding two hundred dollars, and in default of pay-
ment, to imprisonment for a term not exceeding four months :
2. Nothing contained in this Act shall preclude the grant-
ing by the Minister of written permission to obtain fish and
fish spawn for purposes of stocking or artificial breeding, or
for scientific purposes:
3. Lessees or licensees of fisheries shall have no claim to
renewal of leases or licenses if in arrears of rent or percent-
age during four months after the same is due, and anv lessee
1268
H386 + The Fisheries Act. Chap. 95. 13
or licensee convicted of a violation of this Act, or any regu-
lation under it, shall be liable to forfeit his lease or license:
4. Special licenses and leases for any term of years may be Special
granted to any person who wishes to plant or form oyster º,
beds in any of the bays, inlets, harbors, creeks or rivers, or tº ºf wºº tº a
between any of the islands on the coast of Canada; and the
holder of any such lease or license shall have the exclusive
right to the oysters produced or found on the beds within
the limits of such lease or license:
5. The Minister may authorize to be expended annually...º.º.
any sum appropriated by Parliament for the formation of ºp”
oyster beds in various waters and places found adapted for #. for
that purpose, and for transplanting oysters and re-stocking : i.
exhausted fisheries by natural or artificial means, and for oyster beds.
improving streams where natural obstructions exist, and may
authorize the construction, erection or placing of any artificial
barrier or grating in any stream or river, or in” any water-
course, and in the channels or beds thereof: *
6. Every one who takes oysters from the oyster beds, or Protection of
in any way injures or disturbs such oyster beds, except dur. **
ing the times and on the terms permitted by regulation
under this Act, shall beliable to a penalty not exceeding one Penalty for
hundred dollars and not less than forty dollars, and in default”
of payment, to imprisonment for a term not exceeding two
months and not less than one month ; and the vessel and all
apparatus used in the taking of such oysters, or the injury
or disturbance of such oyster beds, shall be forfeited:
7. Shell-fish fisheries shall be subject to the provisions of;
this Act, and any regulations made under it. 31 W., c. 60, “”
S. 15. -
22. Every subject of Her Majesty may use vacant public ...”
property, such as by law is common and accessory to public public proper.
rights of fishery and navigation, for the purposes of land; ...;
ing, salting, curing and drying fish, and may cut wood º
thereon for such purposes, and no other person shall occupy bºth **
the same station unless it has been abandoned by the first
occupant for twelve consecutive months; and at the ex-
piration of that period any new occupier shall pay the value
of flakes and stages and other property thereon, of which he
takes possession, or the buildings and improvements may be _
removed by the original owner; and all subjects of Her P^*.
Majesty may take bait or fish in any of the harbors or road-
steads, creeks or rivers, subject to the provisions of this Act
respecting the leasing or licensing of fisheries and fishing
stations; but no property leased or licensed shall be deemed
vacant. 31 W., c. 60, s. 3.
24% 1269 - R
. 14
Chap. 95. The Fisheries Act. 49 VICT,
SCHEDULE
‘. . . . . . . . . . . . . . . . . . . . :
: . . . . . . Form of Complaint.
Province of . . . . .
. . . . County (or District) of \
This day of , 18 . . \
To J. S., a Justice of the Peace
for the said County (or District). +
A. B., of , complains that C. D., of , hath
(state the offence briefly in any intelligible terms, with the time
and place at which it was committed), in contravention of “The
Fisheries Act; ” Wherefore the complainant prays that judg-
ment may be given against the said C. D., as by the said Act
provided. . . . " - *
(Signature) A. B.
Summons to Defendant.
Province of . . . - |
County (or District) of
To C. D., of &c.
Whereas complaint has (this day) been made before me
that you (state the offence in the words of the complaint, or to
the like effect) in contravention of “The Fisheries Act”: There-
fore you are hereby commanded to come before me, at ºl'ſ
on the day of , at o'clock in the
- , to answer the said complaint and to be dealt with
according to law. -
Witness my hand and seal, this day of , 18
Justice of the Peace for
[L. S.]
-msm-m-se
Subpaºna to a Witness.
Province of w l
County (or District) of }
To E. F., of &c.
R. 1270
1886. The Fisheries Act. Chap. 95.
Whereas complaint has been made before me that C.D. did
(state the offence as in the summons), and I am informed that
you can give material evidence in the case: Therefore you are
commanded to appear beforeme, at , , , , on the
º, day of . . . . . at o'clock in the , to
testify what you know concerning the matter of the said
complaint. - -
Witness my hand and seal, this day of , 18
J. S.,
(as in summons.)
[L. S.]
For in of Conviction.
Province of - -
County (or District) of
Be it remembered, that on this day of
18 , at , in the said County (or District), C. D., of
* , is convicted before me, for that he did, &c. (stating
the offence briefly, and the time and place where committed), in
contravention of “The Fisheries Act ’’; and I adjudge the said
C. D. to forfeit (and pay) the sum of . . (or mention the
thing forfeited under this Act), to be applied according to law,
and also to pay to A. B. (the complainant) the sum of
for costs : -
(If the penalty be not forthwith paid, odd), and the said
C. D. having failed to pay the said penalty and costs forth-
with after the said conviction, I adjudge him to be com-
mitted to and imprisoned in the Common Gaol of the County
or District) of for the period of e -
Witness my hand and seal, this day of , 18 .
J. S.,
(as in summons.)
[L.S.[
-*-
Form of Warrant of Commitment for non-payment of penalty
or forfeiture and costs.
Province of &
County (or District of)
To the Comstable and Peace Officers of the County (or
District) of and the Keeper of the Common Gaol
of the said County or District), at & e
Whereas C. D., of , was on the day
of . , 18 , convicted before me, for that he, &c. (as
R. 1271
jº - Chap. 95. The Fisheries Act. 49 VICT.
in conviction), and I did thereupon adjudge the said C. D. to
forfeit and pay to A. B., &c. (as in conviction); And whereas
the said C. D. hath not paid the said penalty or forfeiture and
costs: Therefore, I command you, the said Constables and .
Peace Officers, or any of you, to convey the said C. D. to the
*Common Gaol for the of , at
and deliver him to the keeper thereof with this warrant;
and I command you the said keeper of the said gaol to re-
ceive the said C. D. into your custody, and keep him safely
imprisoned in the said gaol for the space of , and
for so doing this shall be your sufficient warrant.
Witness my hand and seal, this day of , 18
J. S.,
(as in summons.)
[L.S.]
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Fxcellent Majesty.
CHAPTER 96.
An Act to encourage the development of the Sea Fisher- A.D. 1886.
ies and the building of Fishing Vessels.
HER Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts
as follows:—
1. The Governor in Council may authorize the payment, ºr
out of the Consolidated Revenue Fund of Canada, of an tºº 111
annual grant not exceeding one hundred and fifty thousand fisheries.
dollars, to aid in the development of the sea fisheries of
Canada, and the encouragement of the building and fitting
out of improved fishing vessels, and the improvement of
the condition of the fishermen. 45 W., c. 18, s. 1, part.
2. Such grant shall be appropriated for the said purposes How to be
at such times and by such instalments, in each year, as the *
Governor in Council directs. 45 W., c. 18, s. 1, part.
3. During each session, a statement shall be laid before ...”
both Houses of Parliament, of the mode in which it is pro- ºnt
posed to distribute the grant in the ensuing year, and the º: it
assent of Parliament shall be obtained thereto. 45W., c. 18, “”
S. 2, part.
4. A statement shall be laid before both Houses of Par-Yearly report
liament within the first twenty days of each session, of the ºn'
mode in which the said grant has been expended, together shall show.
with copies of all Orders in Council relating to such grant
and expenditure. 45 W., c. 18, s. 2, part.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
- Excellent Majesty.

1273
CHAPTER 97.
An Act respecting Ferries. A.D. 1886.
Hº Majesty, by and with the advice and consent of the
foll Senate and House of Commons of Canada, enacts as
Oll OWS –
H. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “ferry” means any ferry between any .
Province and any British or foreign country, or between
any two Provinces;
(b.) The expression “license,” or “renewal,” includes all Hicense','or
ferry licenses or renewals thereof. 33 W., c. 35, ss. 1 and 12. “*
‘Ferry.”
2. Every license of ferry shall be under the Great Seal, Licenses to be
and shall be issued by the Governor in Council, after public . śl
competition, as hereinafter provided. 33 W., c. 35, s. 2.
3. Whenever any ferry is established or becomes vacant, Licenses to be
the Minister of Inland Revenue shall offer the license or fº
renewal of license for such ferry to public competition, and tition.
for that purpose give notice in the English and French
languages in the Canada Gazette, and in one or more news-
papers published or circulated in the locality in which the
ferry is situate, of the time and place at which tenders will
be received for the license, or renewal of license, for surch
ferry; and the Minister of Inland Revenue shall report the
result of such competition to the Governor in Council, and
the license, or renewal thereof, shall be granted accordingly.
33 W., c. 35, s. 3.
4. Ferry licenses issued after such public competition, Duration of
may be granted for any period not exceeding five years. *
33 W., c. 35, s. 4. -
5. The Governor in Council may, from time to time, Power tº Gov-
make such regulations as he deems expedient, for any of the "..."
following purposes, that is to say :— - regulations.
(a) Establishing the extent and limit of all, or any such Extent of
ferries as aforesaid; - ferries.
(b.) Defining the manner in which, the conditions (includ- Conditions.
ing any duty or sum to be paid for the license) under which,
and the period for which, licenses shall be granted in respect
of such ferries, or any one or 
1275
º of them ; -
Chap. 97. - Ferries. . 49 VICT.
Vessels to be
used.
Tolls.
Enforcing
payment.
Conducting
ferries.
Forfeiture of
license.
Penalties.
Effect of
regulations.
Regulations
to be pub-
lished in Eng-
lish and
French.
Minister may
make
inquiries.
Powers for
that purpose.
Penalties on
persons inter-
fering with
ferry rights.
(c.) Determining the size and description of the vessels to
be used on any such ferries by the persons holding licenses
in respect thereof, and the nature of the accommodation and
conveniences to be provided for passengers carried in such
vessels ; - .
(d.) Fixing the tolls or rates at which persons and chattels
shall be carried over such ferries, and the manner and places
at which such tolls or rates shall be published or made
known ;
(e.) Enforcing the payment of such tolls or rates, by the .
persons carried, or for whom chattels are carried, over such
ferries; -
(f) Regulating the conduct of persons holding licenses,
in respect of such ferries, and fixing the times and hours
and parts of hours during and at which vessels employed
on such ferries shall cross and recross, or depart from either
side of any such ferry for that purpose ;
(g.) Annulling and declaring the forfeiture of any ferry
license, in consequence of the conditions thereof, or any of
them, not having been fulfilled, or in consequence of such
license having been obtained by fraud or misrepresentation
or through error; -
(h.) Imposing penalties, not exceeding ten dollars in any
case, for the violation of any such regulation:
And all such regulations shall, during the time for which
they are intended to be in force, have the same force and
effect as if contained in and enacted by this Act. 33 W.,
c. 35, s. 5. e
6. The Minister of Inland Revenue shall cause all regu-
lations made as aforesaid, to be published in the English
and French languages, in the Canada Gazette, at least three
times during the three months following the date thereof.
33°W., c. 35, s. 6, part. e
7- Whenever reasonable grounds are shown to the Min-
ister of Inland Revenue, he may, either himself or by any
person specially appointed by him for that purpose, make
inquiry under oath, as to any matter connected with any
ferry or ferry license ; and the said Minister or such person
shall have the same power as is vested in any court of
justice in civil cases, of summoning witnesses, of enforcing
their attendance, and of requiring and compelling them to
give evidence on oath, whether orally or in writing, and to
produce such documents and things as he deems requisite to
the full investigation of such matter. 33 W., c. 35, s. 13, part.
S. Every person who interferes with the rights of any
licensed ferryman, by conveying passengers or goods, for hire
or profit, or with intention to lessen the tolls or revenue of
any ferry, within the limits assigned to such ferryman by
the Crown, shall, upon º thereof before a justice of
1276
1886. Ferries. Chap. 97. 8
the peace for the county, city or district in which either
terminus of the ferry is situate, incur a penalty not exceed-
ing twenty dollars. 33 W., c. 35, s. 9.
9. All fines or penalties imposed by this Act, or by any Recovery of
regulations under the authority thereof, shall be recoverable *
in a summary manner before any one justice of the peace,
on the oath of any credible witness other than the informer;
and one moiety of every such penalty shall be paid to the
informer, and the other moiety shall belong to the Crown.
33 W., c. 35, s. 7.
10. All moneys arising out of such ferry licenses, and out Application of
of fines and penalties incurred in regard to the same, or º
otherwise, under this Act, shall form part of the Consoli-
dated Revenue Fund of Canada. 33 W., c. 35, s. 8.
II. Nothing in this Act shall extend to the owner or This Act not
master of any vessel plying between two ports in Canada, .º.º.
or regularly entered or cleared by the officers of Her Majesty's sels, bridges,
Customs at any such port, or shall, in any way, affect any ”
privilege in respect to ferries heretofore granted by the Par-
liament of Canada, or granted by the legislature of any of
the Provinces now composing Canada, before such Province
became a part of Canada, to the proprietor of any bridge, or
to any railway or other company. 33 W., c. 35, s. 10.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1277
CHAPTER 98. #
An Act respecting Tolls on Government Works for the A.D. 1886.
transmission of Timber.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
1- In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “works' means and includes the "on.
slides, booms, dams, bulkheads, and other works and im- “Works.”
provements for facilitating the transmission of timber and
lumber down any river or stream, which is under the con-
trol of the Government of Canada;
(b.) The expression “collector of tolls and dues " means “Collector of
and includes every officer authorized by competent authority ... ºils ºnd
to receive any tolls, dues or charges whatsoever, payable ""
by any person using or taking advantage of any works to
which this Act applies. 46 W., c. 16, s. 1.
2- The collection of tolls and dues on any timber, lumber Control.
or saw-logs passing through or using any works to which
this Act applies, shall be under the control of the Minister
of Inland Revenue. 46 W., c. 16, s. 2, part.
3. The Governor in Council may, from time to time, Regulations
make, revoke, alter or amend regulations as respects mat-É.”
ters relating to such works as aforesaid, and not specially purposes.
provided for by this or any other Act, and for fixing the
rates of toll and the dues to be charged for the use of any
such works, or of any series of such works (the rates in such
latter case to be denominated through rates), and providing
for the manner in which such tolls and dues shall be ascer-
tained and collected, and also for imposing fines and pen-
alties for any violation of such regulations, not exceeding,
in any one case, five hundred dollars; and such fines and Recovery of
penalties shall be recoverable in any court of competent P*
jurisdiction. 46 W., c. 16, s. 3, part.
4. The Governor in Council may make regulations author- Statement
izing a collector of tolls and dues on any works, in any case šº,
or class of cases specified in the regulation, to require any inder oath.
assertion of fact or any statement in relation to any matter
to which this Act or any regulation made under it relates,


1279
Chap. 98. Tolls on Transmission of Timber. 49 Viot.
Tolls and
dues a first
charge on the
timber.
Seizure for
non-payment.
Lien not
affected by
transfer.
Proviso: in
case of bonā
fide sale.
If product is
mixed with
other timber,
the whole
liable.
to be verified by the oath of the person making such asser-
tion of fact or statement; and the oath so authorized may
be administered by any judge or clerk of any county or cir-
cuit court, or any justice of the peace, or any commissioner
for taking affidavits for use in any court in Canada, or by
the collector of tolls and dues. 46 W., c. 16, s. 3, part.
5. All tolls and dues chargeable for the transmission of
timber, lumber or saw-logs through or over any works
shall be a first charge or lien on all or any part of such
timber, lumber or saw-logs (each part being liable for the
whole), and the same shall be liable for the payment of the
tolls and dues thereon, so long as and wheresoever the said
timber, or any part of it, is found, whether it is or is not
converted into deals or boards; and all officers or agents,
employed in the collection of such tolls and dues, and all
persons acting under the authority of such officers or agents
may follow all such timber and may seize and detain the
same wherever it is found, until the dues thereon are paid
or secured, as provided by this Act or by any regulation
made thereunder; and no transfer, assignment, sale, mort-
gage or delivery to another person, or change of owner, shall
affect the claim or lien of the Crown on any timber, lumber
or saw-logs, or sawn lumber, in respect of which, or of the
timber, lumber or saw-logs, out of which such sawn lumber
was manufactured, any tolls or dues for the use of any works
remain due and unpaid, saving always the right of the inno-
cent holder to any remedy which he has at law against the
person from whom he received such timber, lumber or saw-
logs, or the product thereof: Provided always, that no part of
any such timber, lumber, saw-logs or the product thereof,
when bond fide sold, assigned or transferred, shall be liable
for more than double the tolls or dues accrued, in propor-
tion to the amount chargeable upon the whole, upon such
timber, lumber or saw-logs, or upon the timber, lumber or
saw-logs from which the product was manufactured, in
addition to the costs, if any, incurred in connection there-
with. 46 W., c. 16, s. 4, part.
6.- If any timber, lumber or saw-logs, in respect of which
tolls or dues are chargeablé, have been converted into sawn
lumber and placed in any yard or piling ground with other
sawn lumber, in such way that the identity thereof cannot
be ascertained, all the sawn lumber in such yard or piling
ground shall be deemed to be the product of timber, lumber
Or saw-logs which have passed over or through works to
which this Act applies, and shall be liable for all tolls and
dues with which the timber, lumber or saw-logs, the pro-
duct of which has been so placed with other sawn lumber
in such yard or piling ground, are chargeable. 46 W., c. 16,
S. 4, part.
1280
1886. Tolls on Transmission of Timber. - Chap. 98. 3
7. If any timber, lumber or saw-logs, or product thereof, i.º.º.
so seized and detained for non-payment of tolls, dues, penal- and ques are
ties and expenses remain more than thirty days in the cus- not paid.
tody of the collector or person appointed to guard the same,
without the tolls, dues, penalties and expenses being paid,
the Minister of Inland Revenue may order a sale of the
said timber, lumber or saw-logs, or product thereof, to be . .
made after such notice as he deems sufficient; and the bal- ºn of
ance of the proceeds of such sale, after retaining the amount proceeds.
of tolls, dues, penalties and costs incurred, shall be paid to
the owner or person claiming such timber, lumber or saw-
logs, or product thereof; and if a sufficient sum is not real-
ized from such sale to defray such tolls, dues, penalties and
expenses, the amount remaining unpaid shall be recover-
able, with costs, in any court of competent jurisdiction, by
the collector of tolls and dues in his own name, or in the
name of Her Majesty: Provided always, that the whole . .”
amount of tolls and penalties shall be recoverable in like it.”
manner, with costs, from the owner or person in possession
of such timber, lumber or saw-logs, or product thereof, by
the collector of tolls and dues, if he, with the permission of
the Minister of Inland Revenue, chooses that method of col-
lection : Provided also, that all pecuniary penalties imposed P. tº: Te-
by any regulation made by the Governor in Council under º
this Act may be recovered by the collector of tolls and dues, proceedings.
if he sees fit, under the “Act respecting summary proceedings
before Justices of the Peace.” 46 W., c. 16, s. 5.
S- Any officer or person who seizes timber, lumber or 9ſiºr may
- & e T call in assist-
saw-logs, or any product thereof, in the discharge of his je.
duty under this Act may, in the name of Her Majesty, call
in any assistance necessary for securing and protecting the
property so seized. 46 W., c. 16, s. 6, part.
9- All collectors of customs, officers of canals, and all 9ther officers
other Government officers, when requested so to do, shall to assist.
co-operate with the collector of tolls and dues and his assist-
ants, with the view of preventing the transport of timber,
lumber or saw-logs, and the products thereof, until the tolls
and dues thereon are secured. 46 W., c. 16, s. 7.
19. All managers and officers of railways, when requested ºn tº
made by rail-
by the collector of tolls and dues so to do, shall render a cor-way officers.
rect account of all timber, lumber and saw-logs which are
being forwarded by their respective railways, stating kinds
and quantities, and specifying the owners thereof or by
whom the same are sent; and if any such manager or officer Detention and
refuses or neglects to give the required information, the col- ...,
lector of tolls and dues or person acting for him may, if he are not paid.
has reasonable cause to believe that the tolls and dues
thereon have not been paid, seize and detain such timber,
lumber or saw-logs, together with the cars employed in
1281 -
Chap. 98. Tolls on Transmission of Timber. 49 WICT.
Penalty if
such returns
are not made.
Burden of
proof of pay-
ment to lie on
OWrler Ol'
claimant.
Release of
property if
security is
given.
removing them ; and such cars and timber, lumber or saw-
logs, shall be forfeited to Her Majesty, unless it is proved
that the tolls and dues on such timber, lumber or saw-logs
have been paid, or that the timber, lumber or saw-logs are
not liable for any such tolls or dues ; and the Minister, of
Inland Revenue may, in his discretion, order the same, when
so forfeited, to be sold; and every manager or officer of any
railway who so refuses or neglects to give the information
above required, or who gives false information, shall incur
a penalty not exceeding five hundred dollars and not less
than one hundred dollars, which shall be recoverable in
any court of competent jurisdiction. 46 W., c. 16, s. 8.
11- When any timber, lumber or saw-logs, or product
thereof, are seized for non-payment of tolls or dues, or any
prosecution is brought for tolls or dues and penalties under
this Act, and any question arises whether the tolls or dues
have been paid on such timber, lumber or saw-logs, or pro-
duct thereof, or whether the same are liable to tolls or dues
for having used the works in respect of which the same are
charged, the burden of proving payment or that the works
were not used, shall lie on the owner or person claiming
such timber, lumber or saw-logs, or product thereof, and
not on the officer seizing the same or instituting such pro-
secution. 46 W., c. 16, s. 10.
12- The collector of tolls and dues may, with the sanc-
tion of the Minister of Inland Revenue, release from seizure
any timber, lumber or saw-logs, or product thereof, seized
under this Act, and deliver the same to the alleged owner,
on receiving security by bond, with two good and sufficient
sureties, satisfactory to him, to pay double the amount
claimed as chargeable in respect of such timber, lumber or
saw-logs, or product thereof; and such bond shall be taken
Enforcement,
if amount due
is not paid.
in the name of Her Majesty; and if such seizure is main-
tained by competent authority, the amount actually due,
with interest and costs, shall be paid forthwith to the pro-
per officer, otherwise the penalty of such bond shall be
enforced and recovered. 46 W., c. 16, s. 11.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
SHORTT
be cited as “The General Inspection Act.” Short title.
GENERAT, PROVISIONS.
Fernor in Council may, from time to time, desig- Governor may
ral cities, counties, towns and other places or #ºn of
ivisions in Canada at and for which, respec- certain arti-
ºxpedient to appoint inspectors of the several º,
inafter mentioned, or any of them ; and the Gov-
ºuncil may, from time to time, determine the
!ch inspection divisions and appoint at and for
ſh cities, counties, towns, places or divisions, an
of any of the following articles, that is to say:—
ur and meal ;
heat and other grain ;
Şef and pork ;
ot ashes and pearl ashes;
'ickled fish and fish-oil;
Butter ;
Leather and raw hides :
Such inspectors shall hold office during pleasure, and . º
act respectively within such local limits as the Gov- ...".
in Council assigns to them ; and they and their deputy action.
ectors shall be appointed only from among duly qualified
*sons, certified as such by the examiners hereinafter men-
oned : -
3. The Governor in Council may appoint a chief inspec-Chief inspec-
br of any of the articles hereinbefore enumerated, who shall tor.
old office during pleasure and shall perform the duties
ereinafter assigned to him. 37 W., c. 45, s. 1;-48-49 W.,
. 66, s. 1.
3. The board of trade at each of the cities of Quebec, . * of
* º X 1Il Cl
Montreal, Toronto, Kingston, Hamilton, London, Ottawa, j
3% 1283





















déy.
have
€x8, Dºlly,
Who ma
present at
eXamination
To whom cer-
tificates may
be granted.
Examiners to
take oath.
Form of oath.
How inspec-
tor may be
appointed in
case of failure
of proper
boards of ex-
aminers to
certify.
Inspector may
62XàD1 1D162 C3, Il-
didates for
becoming
deputies.
tº- º &
Order toºst his kn and ski
2. Every such boardsmall grant such
only, as to the qualification of the can
themselves for examination, as the knowle
of such candidates require or justify. 37
—46 W., c. 29, s. 1 ;-48-49 W., c. 66, s. 2.
4. Each such examiner shall, before acting
before a justice of the peace, an oath in the f
or to the same effect:-
“I, A. B., do swear that I will not, directly
“ personally or by means of any person or
“behalf, receive any fee, reward or gratuity V
“reason of any function of my office of examir
“cants for the office of inspector or deputy inspe
{ { , except such as I am entitled to
“law, and that I will therein well and truly, in
“act without partiality, favor or affection, and to
“my knowledge and understanding. So help iſ
37 W., c. 45, s. 3, part.
5- If any board of examiners, appointed under t
neglects or refuses to meet for the purpose of exal
applicants for the office of inspector of any staple :
after having been required so to do by the Minister
and Revenue, or if any such board, having met, is ul
to certify that any applicant who appears before it is
qualified for appointment as an inspector, the Gover
in Council may appoint as inspector any person who l
obtained from any other board, duly constituted under t
Act, a certificate of qualification for the office of inspeci
of such staple article; and any inspector may examine c
didates for the position of deputy inspectors, and may,
he finds them qualified, grant them certificates of qualifica
tion and may appoint them as deputy inspectors, subject to
the approval of the Governor in Council; but no such cer-
1284 -































ºrſſe 7mspect) o º,
f any other person or persons
inspector. So help me God.” 37
continue such
W., c. 45, s. 5, part.
s: Each inspector, except an inspector of grain, may, and ºn
shall, when thereunto required by the Governor in Council, #:
in any inspection division, or by the board of trade or chamber when re-
of commerce, as the case may be, at any of the places here- quired.
inbefore mentioned by name, appoint a deputy inspector or
so many deputy inspectors as are necessary for the efficient
and speedy performance of the duties of his office; and they
shall be the deputies of the inspector for all the duties of his
office, and their official acts shall be held to be the official
acts of the inspector, and he shall be responsible for them as
if done by himself; and each deputy inspector shall make
such returns and reports of his official acts as are required of
him by the inspector whose deputy he is :
2. The appointment by an inspector of each deputy in ...”
spector shall be at once reported by him to the Minister of -
Inland Revenue. 48-49 W., c. 66, s. 6, part.
34% 1285













Security to be
given by
inspector.
Custody of
bond and
evidence
thereof.
When Senior
deputy shall
act as inspec-
tor:
SPI- , 9.
security for the due performance of the duties of his offi
in such sum as the Governor in Council directs, by bond
Her Majesty, with two sureties to the satisfaction of the
Minister of Inland Revenue, under the provisions of the
“Act respecting Public Officers,” and such bond shall avail
to the Crown, and to all persons aggrieved by any breach of
the conditions thereof; and such bond shall remain in the
custody of the Secretary of State of Canada, and any copy
thereof certified by him shall be primá facie evidence of such
bond, and of the contents thereof, and such copy shall be
furnished when required on payment of a fee of one dollar.
37 W., c. 45, s. 6;-43 W., c. 20, s. 1;-48-49 W., c. 66, s. 5.
13. In the event of the death, resignation, dismissal or
suspension of any inspector, his senior deputy inspector shall
perform all the duties of the inspector until his successor is
appointed, or until such suspension ceases. 48-49 W., c. 66,
S. 6, part. - - -
1286








1886. The General Inspection Act. Chap. 99. 5
14. The Governor in Council may, from time to time, lºor re-
require every inspector to make such returns or reports of *ets.
his official acts to any public department or officer, board of
trade, chamber of commerce or municipal authority, and in
such form and containing such particulars and information -
as he deems expedient, and may, from time to time, make Regulations . .
such regulations for the guidance and government of inspec- ºr
tors under this Act or any of them, and of persons employing "“
them as such, as he thinks proper, and may, by such regula- Penalty for
tions impose penalties not exceeding fifty dollars on any jº.
º e © gulations.
person offending against them; and such regulations shall
be obeyed by such inspectors and persons employing them,
as if embodied in this Act; and a violation of any such
regulation shall be deemed an offence against this Act and
punishable as such. 37 W., c. 45, s. 10.
15. The Governor in Council may, from time to time, Classification
modify the classification hereinafter provided for, in respect tºº
to any article subject to inspection under this Act; and such -:
modified classification shall be published in four successive
issues of the Canada Gazette, and upon completion of such
publication shall have like force and effect as if herein
enacted. 48-49 W., c. 66, s. 7.
16. If any dispute arises between any inspector or deputy Settlement of
inspector and the owner or possessor of any article inspected jº. Il
by him, with regard to the quality or condition of such article, there is no
or relating thereto, any justice of the peace for the place in . .
which such inspector or deputy inspector acts, upon appli- } ºv v -
cation to him by either of the parties to the dispute, shall
issue a summons to three persons of skill and integrity,
requiring them forthwith to examine such article and report
their opinion of the quality or condition thereof under oath
(which oath the justice of the peace shall administer), and
their determination, or that of the majority of them, expressed
in writing, shall be final and conclusive :
2. One of such persons shall be named by the inspector or Appointment
deputy inspector, another by the owner or possessor of the **
article in question, and the third by such justice of the peace
who, failing the attendance of either of the parties to the
dispute, shall name a person for him :
3. Such inspector or deputy inspector, shall immediately Inspector to
conform to such determination, and brand, stamp or mark § º
such article, or the package containing the same, of the
quality or condition ascertained by the determination afore-
said, or shall grant a certificate of inspection in accordance
with such determination, as the case requires :
4. If any dispute arises between the inspector or deputy When there
inspector for any of the places hereinbefore mentioned by ...".
name, where there is a board of trade or a chamber of com- j
merce, and the owner or possessor of any article inspected
under this Act, with regard º, he quality 128 -
or condition of
Chap. 99. The General Inspection Act. 49 WICT.
Board of
examiners to
act.
such article, or relating thereto, such dispute shall not be
decided in the manner in this section before provided, but
upon application by either of the parties to the dispute, to
the secretary of the board of trade or the chamber of commerce
for the place where the dispute has arisen, the secretary
shall forthwith summon a meeting of the board of examiners
for the said place, who, or a majority of whom, shall im-
mediately examine such article and report their opinion of
the quality or condition thereof; and their determination,
or that of a majority of those present, expressed in writing,
shall be final and conclusive, and the inspector or deputy
inspector, shall immediately attend and conform himself
thereto, and shall brand, stamp or mark, or cause to be
branded, stamped or marked, such article or the package con-
taining the same, of the quality or condition ascertained by
the determination aforesaid, or shall grant a certificate of
inspection in accordance with such determination, as the
Additional
examiners
may be
Inamed.
By consent,
dispute may
ibe referred to
chief inspec-
tor.
As to costs.
Difference
between
inspectors.
case requires: * . -
5. In the absence of a sufficient number of the examiners
to form a quorum, as many additional examiners may be
named for the occasion by the council of the board of trade
or chamber of commerce for the place where the inspection
is to be made, as will form a board of three, and such
additional miembers of the board shall be sworn in the same
manner as the original members were: -
6. If any dispute arises between any inspector or deputy
inspector, and the owner or possessor of any article inspected
by him, in respect of which article a chief inspector has
been appointed, with regard to the quality or condition of
such article, or relating thereto, and the parties agree to
refer the question to the chief inspector, the matter in dis-
pute shall not be decided by either of the methods in this
section before provided, but shall be referred to the chief
inspector, who shall immediately examine such article and
report his opinion of the quality or condition thereof; and
his determination, expressed in writing, shall be final and
conclusive, and the inspector or deputy inspector shall im-
mediately conform thereto, and shall brand, stamp or mark,
or cause to be branded, marked or stamped, such article, or
the package containing the same, of the quality or condition
ascertained by the determination aforesaid, or shall grant a
certificate of inspection in accordance with such determi-
nation, as the case requires: -
7. If the opinion of the inspector or deputy inspector is
confirmed by the determination arrived at by any of the
methods in this section provided for, the reasonable costs
and charges of re-examination shall be paid by the owner or
possessor of such article, and if otherwise, by the inspector
or deputy inspector, with all damages:
8. Whenever any difference arises between inspectors as
to the true quality or grade of any article inspected by one
of them and re-inspected by another, such difference shall be
1288
. . 1886. The General Inspection Act. Chap. 99. 7
definitely determined by reference to the chief inspector, if
one has been appointed, or to such board of arbitration or
other authority as the Governor in Council appoints for that
purpose. 48-49 W., c. 66, s. 8. . º
17. The council or executive committee of the board of Fees for re-
trade, or chamber of commerce, shall, from time to time, make sººn
a tariff of the fees and charges to be allowed for such re-fixed.
examination and all services and matters connected there with,
and may also establish rules and regulations for the govern-
ment of the persons re-examining any article on appeal fro
the decision of the inspector or deputy inspector: -*.
2. If there is no such council or executive committee for Provision if
any of the said cities or places where inspectors are ap-ji:
pointed, or if such council or executive committee fails to executive
make such tariff or establish such rules and regulations, the *
Governor in Council shall, from time to time, make such
tariff and may establish such rules and regulations:
3. All such fees shall be payable before the delivery of When
the bill of inspection, or the re-delivery by the inspector of *
the articles inspected, on which he shall have a special lien
for such fees. 37 W., c. 45, s. 12.
1s. Whenever any article, is sold subject to inspection, ..."
the person applying for such inspection shall be entitled j
to reimbursement of the cost of inspection from the vendor, when article
if such applicant is not himself the vendor, unless an express º
stipulation to the contrary is made at the time of the sale
or of the agreement to submit to inspection; and such agree. Y.
ment to submit to inspection shall imply a warranty that º †.
the article in question is of the quality for which it is sold,
and that all the requirements of this Act have been complied
with as to such article and the packages in which it is con-
tained, unless it is otherwise expressly stipulated. 37 W.,
c. 45, s. 18. - -
19. Nothing in this Act shall oblige any person to cause ...”
any article to be inspected, but if inspected it shall be sub- “”
ject to the provisions of this Act, and shall not be branded
or marked as inspected unless the said provisions have been
in all respects complied with, in respect to such article and
the packages in which it is contained:
2. Inspectors and deputy inspectors shall be paid their Lien for fees.
fees upon the articles inspected by them by privilege and -
preference over all other creditors, and may retain posses-
sion of the articles inspected until the fees to which they are
entitled under this Act are paid :
3. The Governor in Council may make regulations when- governor in
ever he deems it necessary so to do, for the apportionment *::::::
of the fees paid under this Act between the inspectors and tions as to
deputy inspectors, and for providing for the payment of fees ...?.
to the examiners appointed under this Act by persons who &c. 2.
1289
8 Chap. 99. The General Inspection Act. 49 VICT. -
present themselves for examination. 37 W., c. 45, s. 19:-
48-49 W., c. 66, s. 9. -
Penalty in 20. Every inspector or deputy inspector who, on applica-
.*tion to him, made personally or by writing, left at his dwell-
inspector ing-house, store, office or warehouse, on any lawful day
to act. between sunrise and sunset, by any owner or possessor of
any article which such inspector or deputy inspector is
appointed to inspect, neglects or refuses, forthwith or within
two hours thereafter, to proceed to such inspection, if he
is not at the time of such application employed in inspect-
ing elsewhere, shall, for every such neglect or refusal, forfeit
and pay to the person so applying twenty dollars over and
• above all the damages occasioned, to the person complaining,
ºxrecover by such neglect or refusal,—recoverable in a summary way
3,010. before any one justice of the peace, on the oath of one cred-
ible witness other than such complaimant. 37 W., c. 45, s. 13.
º 21. Every person who, with a fraudulent intention—
Altering or (a.) Alters, effaces or obliterates wholly or partially, or
º causes to be altered, effaced or obliterated any inspector's
brands or marks, on any article which has undergone inspec-
tion, or on any package containing any such article, or—
Counterfeit- (b.) Counterfeits any such brand or mark, or brands, im-
* ks. & ©
*** presses or otherwise marks on any such article or package
any mark purporting to be the mark of any inspector or of
the manufacturer or packer of such article, either with the
proper marking instruments of such inspector, manufacturer
* or packer, or with counterfeit imitations thereof, or—
#of (c.) Empties or partially empties any such package marked,
marked after inspection, in order to put into the same any other
packages article (of the same or any other kind), not contained therein
* at the time of such inspection, or— . -
H. (d.) Uses for the purpose of packing any article, any old
package bearing inspection marks, or—
gº (e.) Not being an inspector or deputy inspector of any
article, brands or marks any package containing such article
with theinspector's marks, or gives any certificate purporting
* to be a certificate of inspection of any article,
Penalty. Shall incur a penalty of forty dollars. 37 W., c. 45, s. 14, part.
Persons 22. Every person who, being in the employ of any inspec-
employed by tº s”: -
injector.” tor or º º: Ol' º any"manufacturer or packer of
any article subject to Inspection,--
...; (a.) Hires or lends the marks or marking instruments of
†nts. his employer to any person, or— tº
...for (b.) Connives at or is privy to any fraudulent evasion of
... this Act with respect to any such marks as aforesaid, - *
Penalty. Shall incur a penalty of forty dollars. 37 W., c. 45, s. 14, part.
§. 23. Every inspector or deputy inspector who—
. (a.) Inspects or brands or marks any article out of the
§3. of local limits for which he is appointed or, -
1290
1886. The General Inspection Act. Chap. 99. . . 9
(b.) Hires out or lends his marking instruments to any per-Hºlding
son, or— - instruments.
(c.) Gives any certificate of inspection without having
personally performed the inspection, or any wilfully false
or untrue certificate, or— tº e
ºnnive at or is privy to any fraudulent evasion of ºf at
- ,- CU.
Shall, for each such offence, incur a penalty of one hun- **
dred dollars, and shall forfeit his office, and be disqualified
from ever after holding the same. 37 W., c. 45, s. 14, part,
and s. 22, part. . *
Giving untrue
certificate.
24. Every person not thereunto duly authorized under this .
Act, who in any manner whatever assumes the title or office ś.”
of inspector or deputy inspector, Orissues any bill, certificate .
or declaration purporting to establish the quality of any “”
pot ashes or pearl ashes, flour or meal, beef or pork, grain,
pickled fish or fish oil, butter, leather or raw hides, shall for
every such offence incur a penalty not exceeding one hun- Penalty.
dred dollars. 37 W., c. 45, s. 15.
25. Every penalty and forfeiture imposed under this Act, Penalty nºt
e g 4. over $40, how
or under any regulation made under it, not exceeding forty jºi.
dollars, shall, except when it is otherwise herein provided,
be recoverable by any inspector or deputy inspector, or by
any other person suing for the same in a summary way be-
fore any two justices of the peace under the “Act respecting
summary proceedings before Justices of the Peace,” and shall,
in default of payment, be levied by warrant of distress,
issued by such justices, against the goods and chattels of
the offender :
2. If such penalty or forfeiture exceeds forty dollars, it £º
may be sued for and recovered by any such inspector, deputy coverable.
inspector or any other person, in any recorder's court or in
any other court having jurisdiction in civil cases to the
amount, and may be levied by execution, as in case of debt: . ...
3. A moiety of every such penalty, except as herein other- ºn of
wise provided, shall belong to Her Majesty for the public" wº
uses of Canada, and the other moiety shall belong to and be
paid to the inspector, or deputy inspector or other person
who sues for the same. 37 W., c. 45, s. 16.
26. Every action brought against any person for anything ...:
done under this Act, or contrary to its provisions, shall be mencing suits
commenced within six months next after the right to bring under this Act.
such action accrued, and not afterwards; and the defendant
therein may plead the general issue, and that the same was
done under this Act, and may give this Act and the special
matter in evidence at any trial thereof; and if it appears so
to have been done, then the judgment shall be for the de-
fendant; and if the plaintiff is non-suited or discontinues 90s".
his action after the defendant has appeared, or if judgment
1291 -
10
Chap. 99. The General Inspection Act. 49 WICT.
** Meal ''
interpreted.
Imported and
re-inspected
flour and
meal.
is given against the plaintiff, the defendant shall recover
recover treble costs and have the like remedy for the same
as defendants have in other cases. 37 V., c. 45, s. 17.
FLOUR AND MEAL.
27. In the following provisions respecting the inspection
of flour and meal, the word “meal” includes oatmeal, Indian
corn meal, and rye meal; and the said provisions extend and
apply to flour and meal imported into Canada, and the re-
inspection of flour and meal at any place to which it is
removed within Canada, whenever such re-inspection is
declared, by the Governor in Council, to be necessary in the
, public interest. 37 V., c. 45, s. 34. - * .
Mode of .
*
to
inspection of
flour and
meal.
28. The inspector or deputy inspector shall examine and
inspect every barrel and half barrel of flour or meal on
application made for that purpose by the owner or possessor
thereof, and shall ascertain the quality and condition thereof,
by boring the head of each barrel or half barrel, and prov-
Where to be
made.
Store to be
provided.
Inspector's
brands, &c.
How barrels
shall be
branded.
Sour.
ing the contents to the whole depth thereof, by an instru-
ment for that purpose, not exceeding five-eighths of an inch
in diameter within its gauge or bore, and after inspecting
such flour or meal, the inspector or deputy inspector shall
cause the hole bored in each barrel or half barrel for inspec-
tion to be well and sufficiently plugged; and such inspec-
tion may be made either at the store or warehouse of such
inspector, or at some store within the limits of the place for
which the inspector is appointed, at the option of the owner
or possessor of such flour or meal; and each inspector may
provide and keep in some convenient situation in the place
for which he is appointed, a proper store or warehouse for
the reception and inspection of flour and meal. 37 W., c. 45,
s. 21.
29. Every inspector shall provide and have a sufficient
number of iron or other metal brands; and every inspector
or deputy inspector shall, in the inspection of flour and meal,
observe the following rules:—
(a.) He shall, immediately after inspection, brand or mark
on each and every barrel or half barrel of flour or meal, the
words “Quebec,” “Montreal,” “Toronto,” “Halifax,” “St.
John,” or the name of any other place where the inspection
is made, and the initial of the christian name and the Sur-
name at full length of the inspector, with the quality of the
flour or meal, as hereinafter directed; -
(b.) On each and every barrel or half barrel of flour or meal
which on inspection is found sour, without any other dam-
age or unmerchantable quality, he shall brand or mark the
word “sour” in letters as large as those upon the rest of
the brand or mark, in addition to the brand or mark desig-
nating the quality ;
- 1292
1886. The General Inspection Act. Chap. 99. 11
(c.) Whenever flour or meal is found to be of unsound or Rejected.
unmerchantable quality from other causes, he shall brand
or mark the word “rejected ” at full length, in plain, legible
characters, in addition to the brand or mark designating
the quality; #
(d.) Whenever the quality of the flour or meal inspected incore:
appears to be inferior to the brand or other mark of the º to be
manufacturer, and not to be thereby properly designated,
the inspector or deputy inspector shall erase and correct the
same ; he shall also brand or mark on each barrel or half Date of
barrel of flour or meal inspected by him, the month and **
year in which it is inspected, with the quality of the flour
or meal therein ; - . -
(e.) All the said brands and other marks shall be branded ...”
or marked on one head of the barrel or half barrel; -
(f) For such inspection and branding or marking, the Fees.
person who required the inspection thereof shall pay to the
inspector for each and every barrel and half barrel of flour
or meal so inspected and branded or marked, the sum of
two cents, exclusive of the charge for cooperage, before such
flour or meal is removed ; and when any less quantity than 9, less than
one hundred barrels of flour or meal is offered for inspection **
at one time, the inspector shall be entitled to receive the
full fees that would accrue to him on one hundred barrels;
(g.) As soon as any flour or meal is inspected, a bill of ...Peº
inspection shall be furnished by the inspector or deputy finished.
inspector , without fee or reward, specifying neatly and
legibly the quantity and quality ascertained by inspection,
the gross weight of five per cent. thereof, and the tare of
one per cent, thereof, and the charges therefor, and the name
of the mill at which the flour or meal was manufactured ; •
(h.) All flour or meal which has been so inspected, branded Brands in
or marked in one month or year, and re-inspected and ex- ãº.
amined in another, shall bear in addition to such previous -
brand or mark the mark and brand of the year and month
when last inspected ;
(i.) The inspector or deputy inspector shall examine each Name *.
and every barrel of flour or meal offered for inspection, and ...,
shall in no case brand or mark the same, unless the name on barrel.
of the manufacturer or packer, the place of packing, and the
quality of the flour or meal, and the tare and net weight are
branded or marked legibly thereon ; *
(j.) The inspector or deputy inspector shall note in his Character of
certificate the character of any unsoundness in the flour or ...".
meal to which it relates, such as “musty ;” and when flour -
has been wet and the wet part removed by the inspector or
owner, as the case may be, the inspector shall note in his &
bill of inspection “cleaned;” and when the inspector in †† d to
his judgment deems it necessary to strip or empty out the empty the
flour to find out if there is the proper weight of flour in any bºttº.
cask he shall be entitled to two cents for each barrel so
stripped or emptied, if it proves to be of short weight, in
1293
- Chap: 99. The General Inspection Act. 49 VICT.
addition to the two cents per barrel for inspecting and
Inspector to
return flour
taken out by
instrument if
required. .
Provision as
to qualities.
Branding.
Qualities of
flour.
Qualities of
meal.
part.
branding ; - .
(k.) The inspector or deputy inspector shall, if required,
deliver all flour or meal taken from any barrel or half barrel
by the instrument used for the purpose of inspection, to
the person requiring such inspection, and shäll incur a pen-
alty of twenty dollars every time he fails in so doing. 37 W.,
c. 45, s. 22. -
39. The inspector or deputy inspector shall govern him-
self, as far as is possible, by the standards of quality for each
description of flour or meal, and shall brand or mark, within
a space not exceeding fourteen inches long by eight inches
broad, on every barrel and half barrel of flour or meal
inspected by him, all brands and marks required by this
Act, and in default of so doing shall incur a penalty of ten
cents for each barrel or half barrel inspected and branded,
or inspected and marked, otherwise than as required by this
Act. 37 W., c. 45, s. 23. • .
31. In branding or marking the different qualities or
descriptions of flour, the same shall be designated as fol-
lows :-
That of a very superior quality, by the words “superior
extra ;” -
That of the second quality, by the words “extra super-
fine ;” :
That of the third quality, by the words “fancy super-
fine ;” -
That of the fourth quality, by the words “spring extra ;”
That of the fifth quality, by the word “superfine;” -
That of the sixth quality, by the word “fine ;” .
That of the seventh quality, by the words “fine mid-
dlings;” - - *
That of the eighth quality, by the words “ship stuffs,” or
“pollards;”
That of another quality to be called “strong bakers’.”
37 W., c. 45, s. 24, part.
B2. In branding or marking the different qualities of
rye flour, Indian corn meal or oatmeal, the words “rye flour,”
“Indian corn meal,” or “oatmeal.” (as the case may be), shall.
be plainly branded or marked on every barrel and half barrel,
to designate the grain from which the same is made;—and
the qualities shall be designated as follows:–
fi The superior quality of rye flour, by the word “super-
Ilê ;” - • - -
The second quality by the word “fine ;”
The superfine qualities of Indian corn meal or oatmeal, by
the word “first ;”
The second quality, by the word “second; ” and—
The third quality, by the word “third.” 37 W., c. 45, s. 24, .
1294
1886. The General Inspection Act. Chap. 99. 13
38. One or more members, not exceeding three, of each of .
the boards of examiners, for the cities of Quebec, Montreal, º, º
Toronto, Hamilton, London, Ottawa, Halifax and St. John, established. .
N.B., shall meet together in the city of Montreal, between Meeting of
the fifteenth day of August and the fifteenth day of November .º
in each year, for the purpose of choosing samples of flour and
meal of the various grades, to be the standards, by which the
inspectors of flour and meal throughout Canada shall be gov-
erned in the work of inspection; and such standards shall be
chosen and approved by the said examiners, or a majority
of them present at such meeting, notice of which shall be
given by the council of the board of trade of Montreal:
2. In the absence of the representative of any board or Provision in
boards of examiners herein mentioned, such representatives ... of
as are present in the said city of Montreal, and representing proper number
not less than three of the places herein mentioned, shall pro- ****
ceed to establish the Dominion standards for flour and meal
as herein provided ; and if the requisite number of repre-
sentatives are not present on or before the fifteenth day of
November, or if from any other cause the board hereby con-
stituted fails to assemble or to establish the standards herein
mentioned, then such standards shall be established by such
means as the Governor in Council directs. 37 W., c. 45, s. 25 ;
—48-49 W., c. 66, s 10.
, 34. The secretary of the board of trade of Montreal shall Transmission
send samples of such standards so chosen by the said mem-jºº of
bers of the boards of examiners at such meeting as afore-
said, to the Minister of Inland Revenue, to be by him dis-
tributed to the several inspectors for their guidance in such
manner as they are directed by the Governor in Council;
and the said secretary shall also furnish samples of such
standards to all applicants on being paid a reasonable price
therefor. 37 W., c. 45, s. 26. . -
35. Every barrel of flour or meal shall contain one hun- How much
dred and ninety-six pounds, and every half barrel shall con- ;
tain ninety-eight pounds. 37 W., c. 45, s. 27, part. contain.
36. The manufacturer or packer shall brand, paint or Packer, &c.,
mark the initials of his christian name and his surname at ... on
full length, and the name of his mill or place of packing, the barrei!
the quality and weight of the flour or meal therein con-
tained, and the tare of the barrel or half barrel on one end
of such barrel or half barrel of flour or meal packed for
sale, in a plain and distinguishable manner ; and he shall Penalty for
incur a penalty of two cents for each and every barrel or *
half barrel offered for sale or inspection, in respect of which
the requirements of this section are not complied with,
which penalty shall be paid to the inspector before delivery
of the flour or meal. 37 W., c. 45, s. 27, part.
1295 , ºr
14
Chap. 99. The General Inspection Act. 49 WICT.
Description
of barrels in
which flour
shall be
packed.
87. All flour packed in Canada for sale, shall be packed
in good and strong barrels or half barrels, of seasoned oak,
elm or other hardwood or basswood timber, made as nearly
straight as may be ; the barrels shall be not less in weight
than twenty pounds, and the staves of such barrels shall be
twenty-seven inches in length from croe to croe, and those
of half barrels twenty-two inches in length, from croe to
croe, with heads of the same ; the diameter of the heads of
the barrels shall be from sixteen and a-half inches to seven-
teen inches, and of half barrels from thirteen and a half to
Penalty for
©OntraVen-
tion.
Inspector to
verify weight.
Proportion of
each lot to be
Verified.
Deficiency to
be made good.
Penalty for
neglect.
If foreign mat-
ters are mixed
with flour or
meal.
fourteen inches; and such barrels and half barrels shall be
well seasoned and sufficiently hooped, with a lining hoop
within the chimes, the whole well secured by nails: •
2. Every person who offers for sale or exports any cask of
flour in violation of the provisions of this section shall incur
a penalty of two cents for each cask of flour so offered for
sale or exported which is not one of the foregoing descrip-
tions of barrels and half barrels. 37 W., c. 45, s. 28.
38. The inspector or deputy inspector shall ascertain by
examination the weight of the flour or meal in every cask
which he suspects not to contain the full weight required
by this Act, and if it does not contain such full weight, he
shall cause it to be filled up at the expense of the person re-
quiring such flour or meal to be inspected, so as to contain
the weight required by this Act, and he shall, when required,
certify the expense thereby incurred :
2. The inspector or deputy inspector shall weigh such
proportion of every lot of flour or meal offered for inspec-
tion (being not less than ten per cent. of each lot), as is
necessary to verify, whether the contents come up to the
weight required by law, and shall enter such weight on his
inspection bill ; and if such lot, or any part thereof, is de-
ficient in legal weight, then he shall make or cause the
deficiency to be made good by or at the expense of the
owner thereof, so that each and every barrel shall contain
the weight required by law ; and the inspector or deputy
inspector shall, when required, certify the cost and expense
thereby incurred : -
3. Every inspector or deputy inspector who neglects so
to examine and ascertain and weigh such flour or meal, and
to cause the barrels or half barrels to be weighed as required
by this section, shall, for every such neglect, incur a penalty
of forty dollars, and shall be liable for all damages which
the buyer or seller of such flour or meal suffers in conse-
quence of such neglect. 37 W., c. 45, s. 29. - -
39. If, upon the inspection of any barrel or half barrel
of flour or meal, the inspector or deputy inspector discovers
any foreign substance mixed or blended therewith, or packed
therein, he shall forthwith seize and detain the package, and
make report thereon to any justice of the peace, under oath ;
1296
1886. & The General Inspection Act. Chap. 99. 15
and such justice may, if he sees fit, authorize the detention
of the same in some safe place until the suit to be instituted
for the penalty thereby incurred is determined : and every Penalty.
person who wilfully and fraudulently mixes or blends any
flour or meal by him packed for sale or exportation with
any foreign matter, shall, for each offence, incur a penalty
not exceeding one hundred dollars; but no prosecution, suit Proviso.
or action for the recovery of any such penalty, shall be com-
menced after the end of one month from the seizure and
report so made by the inspector or deputy inspector; and if ...ºf
such penalty is recovered, the flour or meal in respect of ºur or
which it has been incurred shall thereupon be forfeited to
and belong to the municipal corporation of the place. 37 W.,
c. 45, s. 30.
40. Every manufacturer or packer of flour or meal who ...
undermarks the tare of any barrel or half barrel, or puts ...”
therein a less quantity of flour or meal than is branded
thereon, shall incur a penalty of two cents for every barrel
or half barrel so undermarked or deficient, unless such de-
ficiency of weight appears to be occasioned by some accident
unknown to such manufacturer or packer, and happening
after the packing of the barrel or half barrel. 37 W., c. 45,
s. 31. -
41. Every person who knowingly offers for sale any barrel ºf
or half barrel of flour or meal in which there is a less quantity jºie.
of flour or meal than is branded thereon, shall incur a ºn
penalty of one dollar for every cask so deficient, without “ t.
prejudice to the civil remedy of any person aggrieved, for
any damage sustained by him. 37 W., c. 45, s. 32.
42. Every inspector shall, on Monday in every week, Inspector to
make out, sign and transmit to the secretary of the board º
of trade or chamber of commerce for the city, county or to board of
place, for which he is appointed, or if there is no such board "***
then to the chairman of the board of examiners in such city
or county, or in the county in which such place is situated,
a statement of the quantity and quality of all flour and
meal inspected or re-inspected by him or by the deputy in-
spectors during the next preceding week, and of all flour or
meal by him or them weighed during such week, and found
deficient in weight, or in respect of which the tare was
falsely marked,—stating also the brand and manufacturers'
names, and the amount of fines levied by him for the viola- #
tion of this Act; and a duplicate of every such statement #. to
shall also be sent to the Department of Inland Revenue at j }...º -
Ottawa. 37 W., c. 45, s. 33. . ment.
43. All flour or meal submitted for inspection under this Flour, &c.;
Act shall be branded or marked by the inspector in accord-º.
ance with the grade or quality determined by him or the under this Act.
deputy inspector. 37 W., c. 45, s. 35.
1297 *
16
Chap. 99. The General Inspection Act. 49 WICT.
Qualities of
grain.
Spring wheat.
- WHEAT AND OTHER GRAIN. -
44. The grades of grain shall be as follows:—
Spring Wheat.
Extra Manitoba hard wheat shall be sound and well
cleaned, weighing not less than sixty-two pounds to the
bushel, and shall be composed of red Fife wheat grown in
Manitoba or the North-West Territories of Canada;
No. 1 Manitoba hard wheat shall be sound and well
cleaned, weighing not less than sixty pounds to the bushel,
and shall be composed of at least eighty-five per cent. of red
Fife wheat grown in Manitoba or the North-West Territories
of Canada ; - -
No. 2 Manitoba hard wheat shall be sound and reasonably
clean, weighing not less than fifty-eight pounds to the bushel,
and shall be composed of at least eighty-five per cent. of red
Fife wheat, grown in Manitoba or the North-West Territories
of Canada; - -
No. 1 Canada hard wheat shall be sound and well cleaned,
weighing not less than sixty pounds to the bushel, and shall
be composed of at least eighty-five per cent. of hard wheat;
No. 2 Canada hard wheat shall be sound and reasonably
clean, weighing not less than fifty-eight pounds to the bushel,
and shall be composed of at least eighty-five per cent. of hard
wheat ; - -
No. 1 northern spring wheat shall be sound and well
cleaned, weighing not less than sixty pounds to the bushel,
and shall be composed of at least fifty per cent. of red Fife
wheat, grown in Manitoba or the North-West Territories of
Canada ;
No. 2 northern spring wheat shall be sound and reason-
ably clean, weighing not less than fifty-eight pounds to the
bushel, and shall be composed of at least fifty per cent. of red
Fife wheat, grown in Manitoba or the North-West Territories
of Canada ; - -
No. 3 northern spring wheat shall comprise all wheat of
the above mentioned varieties, fit for warehousing, and weigh-
ing not less than fifty-six pounds to the bushel, not good
enough to be graded as No. 2;
No. 1 spring wheat shall be sound and well cleaned,
weighing not less than sixty pounds to the bushel;
No. 2 spring wheat shall be sound and reasonably clean,
weighing not less than fifty-eight pounds to the bushel;
No. 3 spring wheat shall comprise all wheat fit for ware-
- housing, not good enough to be graded as No. 2, weighing
not less than fifty-six pounds to the bushel;
Rejected spring wheat shall comprise all wheat fit for
warehousing, but too low in weight or otherwise unfit to
be graded as No. 3; -
Goose wheat No. 1 shall be plump and well cleaned,
weighing not less than sixty-one pounds to the bushel;
1298
1886. The General Inspection Act. Chap. 99.
Goose wheat No. 2 shall be plump and reasonably well
cleaned, weighing not less than fifty-nine pounds to the
bushel;
Goose wheat No. 3 shall comprise such as is not good
enough to be graded as No. 2, reasonably clean and weighing
not less than fifty-five pounds to the bushel : -
Wººter Wheat.
Extra white winter wheat shall be pure white winter
wheat, choice in color, sound, plump and well cleaned,
weighing not less than sixty-two pounds to the bushel ;
No. 1 white winter wheat shall be pure white winter
wheat, sound, plump and well cleaned, weighing not less
than sixty pounds to the bushel ;
No. 2 white winter wheat shall be white winter wheat,
sound and reasonably clean, weighing not less than fifty-
eight pounds to the bushel;
No. 1 red winter wheat shall be pure red winter wheat,
sound, plump and well cleaned, weighing not less than
sixty-two pounds to the bushel; -
No. 2 red winter wheat shall be red winter wheat, sound
and reasonably clean, weighing not less than sixty pounds
to the bushel ; -
No. 1 mixed winter wheat shall be white and red winter
wheat mixed, sound, plump and well cleaned, weighing
not less than sixty-two pounds to the bushel; • ,
No. 2 mixed winter wheat shall be white and red winter
Winter Wheat.
wheat mixed, sound and reasonably clean, weighing not
less than fifty-nine pounds to the bushel;
No. 3 winter wheat shall include winter wheat not clean
and plump enough to be graded as No. 2, weighing not less
than fifty-seven pounds to the bushel ;
Rejected winter wheat shall include winter wheat damp,
musty, or from any cause so badly damaged as to render it
unfit to be graded as No. 3;
All good wheat that is slightly damp shall be reported
and entered on the inspector's books as “no grade ’’ with
the inspector's notations as to quality and condition ;
All wheat that is in a heating condition, or too damp to
be considered safe for warehousing or that has any consid-
erable admixture of foreign grain or seeds, or is badly bin-
burnt, whatsoever grade it might otherwise be, shall be
reported and entered on the inspector's books as “condemn-
Damp wheat.
Condemned
wheat.
ed,” with the inspector's notations as to quality and condi-
tion ; -
Any material admixture of “rice wheat,” otherwise known
as “goose ’’ or “California’’ wheat, or of red chaff wheat
with other descriptions of wheat, shall exclude the parcel
from regular inspection ;
All wheat shall be weighed, and the weight per bushel
entered on the inspection book:
Admixture of
inferior
wheat.
Wheat to be
weighed.
4% 1299
18 Chap. 99. - • The General Inspection Act. 49 Vict.
Indian Corn. -
Corn. No. 1 white corn shall be white, and in all other respects.
No. 1 corn ; - e -
No. 1 yellow corn shall be yellow, and in all other respects
No. 1 corn; - -
No. 1 corn shall be sound, dry, plump and well cleaned,
white and yellow ;
No. 2 corn shall be dry, reasonably clean, but not plump.
enough to be graded as No. 1 ;
All damp, dirty, or otherwise badly damaged corn, shall
be graded as “rejected.”
Oats.
oats. No. 1 oats shall be sound, plump, clean and free from other
grall) ; *
S No. 2 oats shall be sound, reasonably clean, and reasonably
free from other grain ;
Rejected oats shall include such as are damp, unsound,
dirty or from any cause unfit to be graded as No. 2.
Eye.
Rye. No. 1 rye shall be sound, plump and well cleaned; }
No. 2 rye shall be sound, reasonably clean, and reasonably
free from other grain ; - 4.
All rye which is damp, musty or dirty, or which is from
any cause unfit to be graded as No. 2 rye, shall be graded as
“rejected : ” .
Barley.
Barley. No. 1 barley shall be plump, bright, sound, clean and free
from other grain ; -
No. 2 barley shall be reasonably clean and sound, but not
bright and plump enough to be graded as No. 1, and shall
be reasonably free from other grain, and weigh not less than
forty-eight pounds to the bushel ; -
No. 3 extra barley shall be in all respects the same as No.
2 barley, except in color, weighing not less than forty-seven
pounds to the bushel; -
No. 3 barley shall include shrunken, or otherwise slightly &
damaged barley, weighing not less than forty-five pounds to
the bushel ; -
No. 4 barley shall include all barley equal to No. 3, weigh-
ing less than forty-five pounds to the bushel;
All barley which is damp, musty, or from any cause badly
damaged or largely mixed with other grain, shall be graded
as “rejected: ”
Peas.
Peas. No. 1 peas shall be white, clean, sound and not worm-
- eaten ; - *
1300
1886. The General Inspection Act. Chap. 99. 19
No. 2. peas shall be moderately clean and sound;
No. 3 peas shall be such as are too dirty to be graded as
No. 2, or are worm-eaten ; -
All peas which are damp, wormy or otherwise unfit to
be graded as No. 3 peas shall be graded as “rejected:”
Provisions as to all Grain.
No grain that is warm, or is in a heating condition, shall Provisions as
be gra ded ; ; to all grain.
In the inspection of grain, the weight shall not alone de-
termine the grade ;
All inspectors shall make their reasons for grading grain,
when necessary, fully known by notation on their books:
Rates of Inspection for Grain.
2. The rates of inspection for grain shall be as follows:– .
For inspecting grain in sacks per cental, one-third of one *
cent ; -
For inspecting grain in bulk per cental, one-sixth of one
cent. 48-49 W., c. 66, s. 11.
General provisions.
45. One or more members, not exceeding three, of each of .
the boards of examiners of applicants for the office of inspec- º
tors of wheat and other grain, for the cities of Quebec, Mont- how tº be d
real, Toronto, Hamilton, London, Ottawa, Winnipeg, Halifax, established.
St. John, N.B., and for Port Arthur, shall meet together in
the city of Toronto between the fifteenth day of August and
the first day of October in each year, for the purpose of choos-
ing samples of grain of the various grades, to be the standards
by which the inspectors of grain throughout Canada shall
be governed in the work of inspection ; and such standards
shall be chosen and approved by the said examiners, or a
majority of them present at such meeting, notice of which
shall be given by the Council of the Board of Trade of Toronto:
2. In the absence of the representative of any board or If proper
boards of examiners herein mentioned, such representatives ...are
as are present in the said city of Toronto, and representing not present.
not less than three of the places herein mentioned, shall pro-
ceed to establish the Dominion standards for grain as herein
provided; and if the requisite number of representatives are
not present on or before the first day of October, or if from
any other cause the board hereby constituted fails to assemble
or to establish the standards herein mentioned, then such
standards shall be established by such means as the Gov-
ernor in Council directs. 48-49 W., c. 66, s. 12.
46. As soon as any wheat or other grain is inspected, a .º.
& is e g sº e C-2 & inspection to
bill of inspection (with a certificate to the shipper when be furnished.
required), shall be furnished by the inspector or deputy in-
43% 1801
Chap. 99. The General Inspection Act. 49 WICT.
Samples of
standards.
Inspector to
make weekly
Statement.
“Package”
defined.
Inspection of
beef and pork
how to be
made.
Inspector's
brands.
Brands, what
to show.
Soft.
spector, without fee or reward, specifying the quantity and
quality, and weight per bushel, ascertained by inspection,
and the charges thereon, with the name of the store, vessel,
or number of the car wherein the wheat or other grain was
when inspected: and every inspector of grain shall furnish
to all applicants, samples of his standard on his being paid
a reasonable price therefor. 37 W., c. 45, s. 37.
47. The inspector shall, on Monday in every week, make
out, sign and transmit to the secretary of the board of trade
or chamber of commerce of the city or place for which he is
appointed, or if there is no such board or chamber of commerce,
then to the chairman of the board of examiners in such city,
or place or in the county in which such city or place is situ-
ate, a statement of the quantity and quality of all wheat and
other grain inspected or re-inspected by him or the deputy
inspector during the next preceding week. 37 W., c. 45, s. 38.
BEEF AND PORK.
48. In the following provisions respecting the inspection
of beef and pork, the expression “package” includes barrel,
half barrel, tierce and half tierce.
49. The inspector or deputy inspector shall cut up, salt,
pack and cure, or if already packed, shall unpack and ex-
amine throughout, adding salt if necessary, and coopering
the same according to the requirements of this Act, every
package of beef or pork submitted to him for inspection ;
and such inspection may be made either at the store, shop
or warehouse of the inspector, or at some store within the
limits of the city or place for which he is appointed, at the
option of the owner or possessor of such beef or pork sub-
mitting it for inspection ; and every inspector shall provide
in some convenient position, in the city or place for which
he is appointed, a proper store or place for the reception and
inspection of beef and pork. 37 W., c. 45, s. 39.
50. Each inspector and deputy inspector shall provide
and have a sufficient number of iron or other metal brands
for his use, and in inspecting beef or pork, shall observe the
following rules —
(a.) He shall brand, immediately after inspection, on every
package of beef or pork, the words, “Quebec,” “Montreal,”
“Toronto,” “Halifax,” “St. John, N. B.,” or other the name
of the place for which he is appointed, as the case may be,
and the initial of the Christian name of the inspector and
his surname at full length, with the quality of the beef or
pork, as hereinafter directed ;
(b.) He shall brand every package of beef or pork which
on inspection is found to be soft or still fed, although it is in
all other respects fat and of good quality, with the word
1302 -
1886. The General Inspection Act. Chap. 99. 21
“soft,” in letters as large as those upon the rest of the brand,
in addition to the brand designating the quality ; -
(c.) Whenever beef or pork is found to be of unsound and Rejected.
unmerchantable quality, from other causes than those afore-
said, he shall brand the same with the word “rejected " at
full length, and in plain legible characters;
(d.) Whenever the beef or pork appears inferior to the mark Incºrrect
of the packer, or of any former inspection, the inspector or ** be
deputy inspector shall erase and correct the same ;
(e.) He shall also brand upon each package of beef or pork . . be
inspected by him the month and year in which it is inspected, j Il
with the net weight and quality of the beef or pork therein ;
(f) For such inspection and branding the inspector shall.
be entitled to receive from the person submitting the same * *
for inspection, for each barrel and half barrel, tierce or half
tierce of beef or pork so inspected, salted, packed, pickled and
branded, the following fees, that is to say : twenty-five cents
for each barrel, fifteen cents for each half barrel, thirty-five
cents for each tierce and twenty-five cents for each half
tierce, exclusive of charges for cooperage and repairs, the
charges for which said cooperage and repairs shall not exceed
fifteen cents for each package; in consideration of which
charges, all packages shall be delivered in good shipping
order; -
(g.) Such fee or allowance shall be paid by the owner or By whom
possessor of such beef or pork before it is removed; payable.
(h.) As soon as any beef or pork is inspected, a bill of inspec- Bill of inspec-
tion shall be furnished by the inspector or deputy inspector *
without fee or reward, specifying meatly and legibly the
quantity of beef or pork so delivered to him, and the owner's
mark or marks thereon, and the quantity and quality ascer-
tained by inspection and the charges therefor;
(i.) No beef or pork inspected and branded in one month or Date of in-
year, and re-inspected and repacked in another, shall bear ºa
any other brand of the year and month than that originally in case of re-
affixed to it.--except that on the package containing any beef"
or pork re-inspected, the date of such re-inspection, with the
other particulars required in case of inspection, may be
branded ; but no preceding inspection brand, or any part
thereof, shall be effaced, except in the case hereinbefore pro-
vided for ; and every re-inspection made without complying
with the requirements of this section, shall be held to be an
inspection made contrary to this Act;
(f) All pork or beef offered for re-inspection, and which ºpork OI’
has been packed, or inspected, twelve months or more pre- *
viously, shall be branded in addition to its grade of quality,
with the word “old” in large letters ;
(k.) All the said brand marks shall be branded on one head. How packages
of the package; all such brand marks shall be large and i.
legible, and all such marks shall be branded within a space
not exceeding fourteen inches long by eight inches broad, on
each of the packages inspected; and every person who vio-
1303
Chap. 99. The General Inspection Act. 49 WICT.
By whom fees
shall be pay-
able.
warranty by
seller.
Qualities of
beef.
“Mess beef.”
“Prime mess
‘‘ beef.”
“Prime beef.”
“Cargo beef.”
What pack-
ages shall
contain.
Qualities of
pork.
lates any of the provisions of this section, shall incur a penalty
of eighty dollars for each package inspected and not branded,
or otherwise branded than as required by this Act;
(l.) Whenever any beef or pork is sold subject to inspec-
tion, the person applying to the inspector to have the same
inspected, shall be entitled to reimbursement of the price of
inspection from the vendor, if such applicant is not himself
the vendor, or unless an express stipulation to the contrary
was made at the time of sale, or of the agreement to submit
the beef or pork to inspection; and any such agreement shall
imply a warranty that all the requirements of this Act have
been complied with, as well with regard to the beef or pork
to which it relates as to the packages in which they are con-
tained, and the marks upon such packages. 37 W., c. 45, S. 40.
51. All beef which the inspector finds on examination to
have been killed at a proper age and to be fat and merchant-
able, shall be cut into pieces as nearly square as may be, not
more than eight or less than four pounds weight, and shall
be sorted and divided for packing and re-packing in packages
into four different sorts, to be denominated respectively,–
“mess,” “prime mess,” “prime” and “cargo” beef;
2. Mess beef shall consist of the choicest pieces only, that
is to say: briskets, the thick of the flank, ribs, rumps and
sirloins of oxen, cows or steers, well fatted ; and each pack-
age containing beef of this description, shall be branded on
one of the heads with the words “mess beef.”
3. Prime mess beef shall consist of pieces of meat of the
second class, without shanks or necks, from good fat cattle ;
and packages containing beef of this description shall be
branded on one of the heads thereof with the words “prime
mess beef :”
4. Prime beef shall consist of choice pieces of fat cattle,
amongst which there shall not be more than the coarse pieces
of one side of a carcase, the houghs and neck being cut off
above the first joint ; and packages containing beef of this
description, shall be branded on one of the heads thereof
with the words “prime beef:” -
5. Cargo beef shall consist of the meat of fat cattle of all
descriptions of three years old and upwards, with not more
than half a neck and three shanks with the houghs cut off
above the first joint, and the meat otherwise merchantable;
and packages containing such beef shall be branded on one
of the heads “cargo beef: ” --
6. Each barrel in which beef of any one of the foregoing
descriptions is packed or re-packed, shall contain two hund-
red pounds of beef, and each half barrel one hundred pounds,
each tierce three hundred pounds, and each half tierce one
hundred and fifty pounds. 37 W., c. 45, s. 41.
52. All pork which the inspector finds on examination
to be fat and merchantable, except when classified as mess
1304
1886. The General Inspection Act. r Chap. 99 28
shall be cut in pieces as nearly square as may be, and not
more than six or less than four pounds weight, and shall be
sorted and divided into five different sorts, to be denom-
inated respectively,–" mess” “extra prime,” “prime mess,”
“prime,” and “cargo” pork: :
2. Mess pork shall consist of the rib pieces only, of good “Mess pork.”
hogs, weighing not less than two hundred pounds each ;
and packages containing such pork shall be branded on One
of the heads “mess pork: ”
3. Extra prime pork shall consist of heavy untrimmed fat ºptime
shoulders, cut into three or four pieces : pork.
, 4. Prime mess pork shall consist of the pieces of good fat jºiness
hogs weighing not less than one hundred, and ninety *
pounds each, the barrel to contain the coarse pieces of one
hog only, that is to say,+two half heads (not exceeding
together sixteen pounds in weight), with two shoulders and
two hams, and the remaining pieces of a hog, the tierce to
Cotain the relative proportion of heads, shoulders and hams,
and the remaining pieces of one hog and a half hog ; but
when the pork under inspection is from hogs exceeding two
hundred pounds each in weight, the inspector shall make
“mess pork” of such rib and side or flank pieces thereof, cut
in the manner and of the weight above prescribed, as shall,
in his judgment, be equal in quality on the average to “mess
pork,” as above defined ; and packages containing pork of
the foregoing description shall be branded on One of the
heads “prime mess pork:”
5. Prime pork shall consist of the pieces of good fat hogs, Prime,
weighing not less than one hundred and fifty pounds each, "*
the barrel to contain the coarse pieces of one hog and a half
only, that is to say, three half heads (not exceeding together
twenty-four pounds in weight), three hams and three should-
ers and the remaining pièces of a hog and a half hog, the
tierce to contain the relative proportions of heads, shoulders
and hams, and the remaining pieces of two hogs and a quar-
ter of a hog; and packages containing pork of this description
shall be branded on one of the heads “prime pork: ”
6. Cargo pork shall consist of the pieces of fat hogs, weigh- Cargº
ing not less than one hundred pounds each, the barrel to "“”
contain the coarse pieces of not more than two hogs, that is -
to say, four half heads (not exceeding together in weight
thirty pounds), four shoulders and four hams, and the remain-
ing pieces of two hogs, and the whole to be otherwise mer-
chantable pork,+the tierce to contain the relative proportions
of heads, shoulders and hams and the remaining pieces of
three hogs; and packages containing pork of this description
shall be branded on one of the heads “cargo pork: ”
7. In all cases the following parts shall be cut off and not ...”
packed, namely:–the ears close to the head, the snout above all cases.
the tusks, the legs above the knee joint; the tail shall also
be cut off, and the brains, tongue and bloody gristle taken
Out:
1305
Chap. 99. The General Inspection Act. 49 WICT.
What weight
packages
shall contain.
Rejected beef
or pork, how
to be marked,
&c.
Quality and
quantity of
salt.
Pickle.
Saltpetre.
How pack-
ages shall be
made.
Hoops, &c.,
8. Each barrel in which pork of any of the foregoing des-
criptions is packed or re-packed, shall contain two hundred
pounds, and each tierce three hundred pounds; and each
half barrel or half tierce one-half those quantities respec-
tively, of the several kinds and qualities of pork aforesaid,
and shall be branded accordingly. 37 W., c. 45, S. 42.
53. On the head of every package containing any thin,
rusty, measly, tainted, sour or unmerchantable pork, or un-
merchantable or spoiled beef, branded “rejected,” in conse-
quence of its being so, the true character both as to quality
and condition of such pork or beef shall also be marked with
black paint ; and each inspector shall certify, whenever re-
quired, the quality of any beef or pork by him inspected, the
state and condition thereof, and the packages containing the
same, specifying the extent of damage appearing on inspec-
tion, and the apparent cause thereof, whether exposure, injury
in transportation, Originally defective packing or putting
up, and also specifying the brands or other marks upon the
packages inspected, and the name of the owner or possessor
thereof. 37 W., c. 45, s. 43.
54. The salt used in packing and re-packing beef and pork
inspected and branded under this Act, shall be clean St. Ubes,
Isle of May, Lisbon, Turk's Island, or other coarse grained
salt of equal quality; and every barrel of fresh beef or pork
shall be well salted with seventy-five pounds, and every
tierce with one hundred and twelve pounds of good salt, as
aforesaid, exclusive of a sufficient quantity of pickle as strong
as salt will make it ; and to each barrel of beef or pork shall
be added four ounces, and to each tierce six ounces of salt-
petre ; and each half barrel or half tierce of fresh beef or
fresh pork shall be salted with the same proportions of salt
and saltpetre above mentioned, with a sufficiency of pickle as
strong as salt will make it; and in all cases of packing and
re-packing beef or pork to be inspected and branded under
the authority of this Act, the inspector may use salt, saltpetre
and pickle in his discretion. 37 W., c. 45, s. 44.
55. Every package containing beef or pork inspected in
the Provinces of Ontario or Quebec shall be made of good
Seasoned white oak staves, and the heads shall not be less
than three-quarters of an inch thick; and each stave on each
edge at the bilge shall not be less than half an inch thick
when finished for barrels, nor less than three-quarters of an
inch thick when finished for tierces; and the wood of half
barrels or half tierces shall be in the same proportion to
their size, and shall in all cases be free from every defect:
2. Every package shall be hooped and covered two-thirds
of its length with good oak, ash, or hickory hoops, leaving
one-third in the centre uncovered; and each package shall be
bored in the centre of the bilge with a bit not less in diameter
than one inch, for the reception of pickle :
1306
1886. The General Inspection Act. Chap. 99. . 25
.8. Each barrel shall be not less than twenty-seven inches ºº
or more than twenty-eight inches and a half long; and the tº
contents of each barrel in which beef is packed or re-packed
shall be not less than twenty-three gallons and two-sixths of
a gallon, or more than twenty-four gallons and one-sixth of
a gallon ; and the contents of each barrel in which pork is
packed or re-packed shall be not less than twenty-five gal-
lons or exceed twenty-five gallons and five-sixths of a gallon :
4. Each tierce shall be not less than thirty inches, or more Length, &c.,
than thirty-One inches long; and the contents of each tierce of tierces.
in which beef is packed or re-packed, shall be not less than
thirty-six gallons and four-sixths of a gallon, or exceed thirty-
seven gallons and three-sixths of a gallon; and the contents
of each tierce in which pork is packed or re-packed shall be
not less than thirty-seven gallons and three-sixths of a gallon,
or exceed thirty-eight gallons and two-sixths of a gallon : -
5. Half barrels or half tierces in which beef or pork is fººls
packed and re-packed shall severally contain half the num- .
ber of gallons above mentioned, and no more : -
6. And the inspector shall examine carefully and ascer-Inspector to
tain the sufficiency of each package before branding the same, ...,
and shall brand none with regard to which the requirements
of this Act have not been complied with. 37 W., c. 45, s. 45.
56. Nothing in this Act shall prevent any inspector of º:
beef and pork from furnishing salt, saltpetre or packages if º € I’
necessary ; but it shall be optional with the owner or pos-
sessor of such beef or pork, to furnish such salt, saltpetre, or
packages himself, if he sees fit, whether the same is for new
packing or to replace unsound old packages, or bad salt, and
whether the same is at the stores of the inspector or of such
owner or possessor. 37 W., c. 45, s. 46.
57. Every inspector who suffers any beef or pork, if left in ; and *:::
his charge after it has been inspected, to be exposed to the * º
heat of the sun or inclemency of the weather longer than six weather.
days, shall incur a penalty of forty dollars for every such
offence ; and every inspector who neglects to provide a suit-
able store in a convenient situation, shall incur a penalty of
four dollars per day for every day he neglects to provide
himself with such store after his appointment as inspector.
37 W., c. 45, s. 47.
58. No inspector of beef and pork shall, when he inspects As to storage.
any beef or pork at the store hereinbefore required to be -
kept by him for the purpose, charge any storage thereon,
unless the same has been left in his store more than five days
after he has delivered to the owner or possessor thereof a
notice of its having been inspected, or an inspection bill
thereof. 37 W., c. 45, s. 48.
59. Every person, other than an inspector or deputy in- ...in-
spector duly qualified under this Act, not being the actual ... ºny
1307
26 - Chap. 99. The General Inspection Act. 49 WICT.
*::::::: owner of the beef or pork inspected, who inspects any beef
... j." or pork, or brands or marks any package or cask or vessel of
any kind, containing such beef or pork, and every person
other than such inspector or deputy inspector who gives any
certificate of inspection, shall incur a penalty of forty dollars
for each package, cask or vessel of beef or pork so inspected
- or branded, or with regard to which such certificate is given:
Penalty if the 2. If any owner of any beef or pork brands any such pack-
|...” age or vessel as aforesaid containing beef or pork, without
mark date on affixing to his surname and the initial of his christian name,
* the date at which the same was branded, and the word
- “owner " or “owners,” he shall be held to have inspected
and branded the same contrary to the provisions of this Act,
and shall incur the said penalty. 37 V., c. 45, s.49. w
Inspection not 69. Nothing in this Act shall prevent any person from
; packing for exportation or exporting any beef or pork with-
conditions to out inspection, provided such beef or pork is packed in
** tierces or half tierces, barrels or half barrels, of the dimen-
sions hereinbefore prescribed for such packages respectively,
and is marked with black paint or branded on One end
thereof with the name and address of the packer, the date
and place of packing, the weight and the quality of the beef
or pork contained in each package :
Rounds and 2. Nothing in this Act shall prevent any person from
º packing for exportation or from exporting without inspection
excepted.’ any rounds of beef, rounds and briskets of beef, the meat of
young pigs called pig pork, the tongues of neat cattle, the
tongues of pigs, hams of pigs or pig's cheek, or any Smoked or
dried meat of any description contained in tubs, casks or
But must be barrels or other packages of any kind, if each package is
marked. marked in the manner above mentioned :
Penalty for 3. Every person who exports any meat of the kind last
flºwen- mentioned, not so marked as aforesaid, or beef or pork of any
other kind not so marked or not packed in barrels or half
barrels, tierces or half tierces, of the dimensions hereinbefore
prescribed, shall incur a penalty of one dollar for each and
every barrel or half barrel, tierce or half tierce, tub, cask or
other package with regard to which the provisions of this
section are violated. 37 V., c. 45, s. 50.
POT AND PEARL ASHES.
Inspection of 51. Every inspector or deputy inspector, on proceeding
.." " to inspect any pot or pearl ashes, shall, either by emptying
the whole of the pot or pearl ashes out of the barrel, or by
opening both ends of the barrel, and if necessary by scrap-
ing the barrel and cakes of ashes, carefully examine, try and
inspect and sort the same into three different sorts or quali-
ties, to be denominated “first sort,” “second sort ’’ and
“third sort,” determining the several sorts as follows:—
- 1308
1886. . - The General Inspection Act. - Chap. 99. 27
First sort pot ashes shall contain seventy-five per cent of $.”
pure alkali, at the least ; - pot ashes.
Second sort pot ashes shall contain sixty-five per cent. of
pure alkali, at the least : . .
Third sort pot ashes shall contain fifty-five per cent. of
pure alkali, at the least :
First sort pearl ashes shall contain sixty-five per cent. of Qualities of
pure alkali, at the least : pearl ashes.
Second sort pearl ashes shall contain fifty-five per cent. of
pure alkali, at the least; -
Third sort pearl ashes shall contain forty-five per cent. of
pure alkali, at the least : - -
Each quality shall be in all other respects entitled to rank
of the quality designated thereon :
2. The inspector or deputy inspector shall re-pack the Ashes to be.
ashes into good and sufficient barrels of the size and descrip- **
tion hereinafter specified, to be properly coopered and brand-
ed, and shall weigh each barrel, and mark on the branded
head, with black, the weight thereof, including tare, and
the weight of the tare under the same :
3. He shall brand in plain letters and figures on each and Branding.
every barrel by him inspected containing ashes of the first
Quality, the words “first sort ; ” of the second quality, the
words “second sort ; ” and of the third quality, the words
“third sort; ” together with the words “pot ash,” or “pearl
ash,” as the case may be, with his own name and that of the
place where the ashes are inspected, and the year when such
inspection is made : - -
4. He shall also collect the crustings or scrapings of the Crising; and
barrels, and cakes of pot and pearl ashes, if any, of each #ed
separate lot, and deduct the value of the same from the in- of
spection charges to be paid by the proprietor of such lot, or
deliver them to him :
5. He shall mark the word “unbrandable No. 1" (2, 3, 4 Adulterated
or 5, according to its strength), on every barrel which he dis- *
covers to contain ashes so adulterated with stone, sand, lime,
salt or any other improper substance, as not to admit of their
being classified as “first,” “second" or “third ” sort : -
6. He shall also make and deliver a separate weigh note Weigh note or
or bill of each quality of ashes, whenever required so to do bill.
by the owner thereof or his agent. 37 W., c. 45, s. 51.
62. No pot or pearl ashes shall be inspected in barrels of º,
any size or description other than the following: pot ashes, . i.
in barrels to be constructed of oak or white ash timber ;
and pearl ashes, in barrels to be constructed of oak, white
ash, black ash or elm timber, and such timber shall be of
the best description, and thoroughly seasoned, and such
barrels shall be made perfectly tight, and shall be well and
completely hooped, with at least fourteen sound oak, ash,
hickory, blue beech or elm hoops, or ten good iron hoops
each ; the said barrels shall not exceed thirty-two inches in
1309
28 Chap. 99. The General Inspection Act. 49 VICT.
length by twenty-two inches in diameter on either head, or
be less than thirty inches in length by twenty inches in
diameter on either head, and the chime thereof shall not
exceed one inch ; and the inspectors shall reject all barrels
not constructed according to the foregoing directions, or
which, in their opinion, are insufficient to resist the tear,
wear and usage to which they are liable ; and from the gross
weight of the barrel when filled up, the actual weight of
Tare or weight such barrel, as tare, shall be deducted ; and every manufac-
jº"turer of ashes shall mark, in legible characters, on the end
of each barrel, before it is filled, the exact weight thereof.
37 W., c. 45, s. 52.
Inspectors to 63. In every place where there is an inspector of ashes,
i." “except in the city of Montreal, each inspector shall provide
himself with suitable and convenient premises for the stor-
age and inspection of ashes; and he shall keep all barrels
of ashes delivered to him for inspection, while in his posses-
Sion, in some dry place, safe from the injuries of the weather
or of floods; and every inspector who violates any of the
provisions of this section shall incur a penalty of two dollars
for every barrel not stored as aforesaid, and shall forfeit and
pay to the owner thereof two dollars besides the actual
damages sustained by such owner. 37 V., c. 45, s. 53.
Special pro- 64. The inspector (which word in this section includes the
.."..."ity of joint inspector) for the city of Montreal, shall provide suit-
Montreal. able and convenient buildings, for the storage and inspection
of ashes, of that description commonly known as first class
buildings, or such as are approved of by the council of the
board of trade of that city : -
Ashes to be 2. Such inspector, at all times and at his own cost and
insured. charges, shall keep the ashes stored in the said premises
insured to the amount of not less than one hundred thou-
sand dollars, and shall deposit the policies therefor with
the secretary of the said board of trade for the time being,
and renew such policies, from time to time, as occasion
requires; but such insurance shall not be effected until after
the names of the company or companies with whom he is
desirous of effecting the same have been submitted to the
council of the said board of trade of the said city for their
approval, and such approval has been signified to the inspec-
tor in writing :
ºther prº. 3. If the said insurance, at any time, is less than the
#..." actual value of the ashes stored in the said premises, the
said inspector shall, at his like costs and charges, and subject
to the conditions above prescribed, effect additional insur-
ance sufficient to cover the extra value of the said ashes
during the time they remain so stored as aforesaid; and the
said inspector shall be bound to deliver to the owner thereof,
in good order, all ashes received into the inspection stores.
37 W., c. 45, s. 54.
- 1810
1886. - ; ," The General Inspection Act. Chap. 99. + 29
65. Every inspector may charge on the inspection bill.i.
for all services performed by him in respect to pot or pearl” “
ashes— *
(a.) The sum of ten cents for every hundred pounds of pot
or pearl ashes by him so inspected ; -
(b.) The actual cost of every barrel by him furnished;
(c.) The sum of twenty-five cents for each new head’so
furnished, and the sum of eighteen cents for cooperage and
repairs, on each barrel of pot or pearl ashes by him so
inspected,—and cooperage shall include nails and the end
hoops of the barrel;
(d.) The sum of twenty-five cents for putting in a barrel,
partly filled with pot or pearl ashes, the additional quantity
thereof necessary to fill the same whenever duly required so
to do ; -
(e.) The sum of twenty-five cents per barrel whenever
lime, raw ashes, damaged ashes or other trash have been
packed or mixed with pot or pearl ashes, for his services in
extracting and separating the same ;
And in consideration of such charges all barrels shall be How paid and
delivered in good shipping order, and the charges shall be ...”*
paid or allowed to the purchaser by the person offering such
pot or pearl ashes for inspection or his agent. 37 W., c. 45,
s. 55.
66. Each inspector shall have all ashes sent to him for Time for
inspection inspected, and the inspection bills prepared for inspection.
delivery, and the whole well and duly coopered and pre-
pared for shipment within a period not exceeding thirty-six
working hours from the date such ashes are received into
the inspection stores; and such inspector shall further be Storage.
entitled to receive ten cents per barrel for the storage of each
barrel of ashes which remains stored with him as aforesaid
more than five days after the date of the invoice, weigh note
or inspection bill, and five cents per barrel for each subse-
quent month they remain stored (reckoning the second
month to commence thirty-five days from and after the date
of the invoice, weigh note or inspection bill); and such
storage and all other charges shall be paid by the person
receiving or shipping the said ashes or by his agent ; but in Proviso.
no case shall any storage be paid or required when the
ashes have not remained stored as aforesaid during five days
from and after the date of the invoice or weigh note. 37 W.,
c. 45, s. 56 ;—48-49 W., c. 66, s. 13.
67. The inspector of ashes for the city of Montreal, shall.
further be entitled to charge a sum not exceeding three . ºld
cents per barrel for insurance on each barrel of pot or pearl What to cover.
ashes sent to his premises for inspection; and such insurance
shall be considered as chargeable from the day such barrel
is received into the said premises, and the said ashes shall
be held to be insured from the period of such reception,--but
1311
- Chap. 99. The General Inspection Act. 49 WICT.
Inspector for
Montreal to
make returns
to board of
trade.
Offences and
penalties.
False bill of
inspection,
felony.
Inspection not
compulsory,
subject to
certain con-
ditions.
Penalty for
COntraVen-
tion.
Definition of
“fish oils.”
Inspector to
provide
branding
irons.
such rate shall cover all insurance on the said ashes during
the whole period they remain stored in the said premises ;
and the said insurance shall be charged by the inspector in
the inspection bill. 37 W., c. 45, s. 57.
68. The said inspector for the city of Montreal shall, from
time to time, make returns of the business of his office to
the council of the board of trade of the said city of Montreal,
whenever duly required so to do by the said council; and
duplicates of all returns so made shall be forwarded to the
Department of Inland Revenue at Ottawa. 37 W., c. 45, s. 58.
69. Every inspector or deputy inspector who, during his
continuance in office, permits any cooper or other person by
him employed, to retain or keep any pot or pearl ashes, or
who brands any barrel of ashes of any description or size
other than as prescribed by this Act, or who dates any
weigh note or bill of inspection otherwise than of the day
when the ashes were actually inspected,—or who delivers
out of his possession any such weigh note or bill of inspec-
tion without any date, or who does not conform to the pro-
visions of this Act—shall, for every such offence, incur a
penalty not exceeding four hundred dollars, and be forever
thereafter disqualified from holding and exercising the office
of inspector of pot and pearl ashes, or of deputy inspector;
and every inspector or deputy inspector or clerk, or other
person, who makes or causes to be made any false or fraudu-
lent inspection bill of ashes, is guilty of felony, and liable to .
seven years' imprisonment. 37 V., c. 45, s. 59. -
70. Nothing in this Act shall prevent any person from
exporting pot and pearl ashes, without inspection, if, on One
end of the barrel containing the same, there is neatly and
legibly branded or marked the name and address of the
manufacturer, the weight and tare of the barrel, and the
quality of ashes contained in it; but every person who
exports any pot or pearl ashes not so marked as aforesaid, or "
who marks any such barrel falsely, shall incur a penalty of
twenty dollars for every barrel or other package so marked
or exported. 37 V., c. 45, s. 60.
PICKLED FISH AND FISH OILS.
71. The expression “fish oils,” in the following provisions
respecting fish and fish oils, includes whale, seal, porpoise,
cod, herring, Sturgeon, siskawitz and all other kinds of oils
derived from fishes or marine animals. 37 V., c. 45, s. 67,
part. -
72. Every inspector shall provide himself with proper
branding irons, or stencil plates, for the purpose of branding
or marking such casks, barrels and boxes as are by him
1312
1886. The General Inspection Act. Chap. 99. 31
inspected pursuant to this Act; and every inspector shall
see that all the deputy inspectors under him are duly pro-
vided in this respect. 37 W., c. 45, s. 61. (.
73. The inspecting, culling, classing, weighing, packing Inspecting,
º 8? . } Sº y 8---5, ° &c., to be
and branding or marking of any fish or fish oil shall be ...e.
done in the immediate presence and sight of an inspector or sence of in-
S
deputy inspector. 37 W., c. 45, s. 62. pector.
74. The inspector or deputy inspector shall see that all Duty of .
kinds of split, whole, pickled or salted fish, intended for #"
packing or barrelling, and submitted to him for inspection,
have been well struck with pickle and salt, in the first in-
stance, and preserved sweet, free from taint, rust, saltburn,
oil or damage of any kind; and all fish and fish oil intended *
for market or exportation, and branded or marked as inspect-
ed and merchantable, shall be well and properly packed
in good, tight and substantial packages or casks, and in the
case of fish with clean salt, except green codfish packed
without pickle, which may be packed in barrels or packages
which are not tight ; and all other packages shall be made
of the materials and in the manner following —
(a.) Tierces, barrels and half barrel shall be made of sound, Tierces, bar-
well seasoned split or sawed staves,sfree from sap, and in no i.ºw
case of hemlock, and the heading sh all be of hardwood, pine, tº
fir or spruce, free from sap, and planed on the outside, and
shall be at least three-quarters of an inch in thickness ; the
staves shall be five-eighths of an inch in thickness ; staves
for salmon and mackerel barrels shall be twenty-nine inches
in length, and the heads between the chimes seventeen
inches; staves for barrels for herring shall be twenty-seven
inches in length, and the heads between the chimes shall be
sixteen inches; and the bung staves of all such barrels shall
be of hardwood : all casks shall be hooped with not less Hoops.
than fourteen sound, good hoops of not less than five-eighths
of an inch at the small end for all tierces and barrels, and in
no case to be of alder: the makers of all tierces, barrels and How to be
half barrels, shall brand the initials of their christian names ..."
and their whole surnames, and also the letters S., M. or H.,
according as the package is intended for salmon, mackerel
or herring, at or near the bung staves, and in default of so
doing shall incur a penalty of twenty cents for every pack-
age not so branded :
(b.) Barrels of the following dimensions may also be used jºls
for a special quality of fish, that is to say : the stave shall º
be twenty-eight inches long, the head seventeen inches fish.
between the chimes ; the chimes shall be one and a-quarter
inches and the head three-fourths of an inch in thickness,
and the bung stave shall be of hardwood : every such barrel
shall be branded with the words “special size : ”
2. Every inspector or deputy inspector who inspects, Penalty for
marks or brands any fish packed in barrels, tierces or other º brand
1313
Chap. 99. The General Inspection Act. 49 Vict.
Inspection,
&c., to be in
accordance
with this Act.
Qualities of
fish.
Salmon.
Mackerel.
packages, which are not in accordance with the require-
ments of this Act, shall incur a penalty of one dollar for
each such barrel, tierce or package inspected, branded or
marked 48-49 W., c. 66, s. 14.
75. All pickled and smoked fish cured for market or
exportation, and all fish oils, codfish tongues and codfish
sounds, shall be inspected, weighed, or gauged and branded
or marked, only in accordance with this Act ; and all green
codfish, in boxes or packages, shall be inspected and culled,
and a certificate of inspection for the latter, stating the
quality and quantity thereof so inspected, and shipped on
board any vessel, shall be granted by any inspector or deputy
inspector. 37 W., c. 45, s. 65 ;—43 W., c. 20, s. 2.
76. The various kinds of fish to be inspected under this
Act shall be branded or marked of the following denomina-
tions respectively :— -
(1.) Salmon branded or marked “No. 1 ° shall consist of
the largest or best and choicest kind, well split, having the
blood well washed out before being salted, well cured, in
the best condition, and in every respect free from taint, rust
or damage of any kind ;
(a.) Those branded or marked “No. 2” shall comprehend
the best salmon that remain after the selection of the first
Quality, and shall be good, sound, well split and cured fish,
in the best condition, and in every respect free from taint,
rust or damage of any kind ;
(b.) Those branded or marked “No. 3’ shall consist of
those that remain after the selection of the first two quali-
ties, but shall be good sound fish, and in every respect free
from taint, rust or damage of any kind :
(2.) Mackerel branded or marked “mess mackerel” shall
consist of the best and fattest mackerel, well split, having
the blood well washed out before being salted, well cured,
in the best condition, and free from taint, rust or damage
of any kind, and shall be such as would have measured not
less than fourteen inches from the extremity of the head to
the Crotch or fork of the tail, and shall have the heads and
tails taken off;
(a.) Those branded or marked “Extra No. 1" shall consist
of the best and fattest mackerel, well split, having the blood
well washed out before being salted, well cured, in the best
condition, and free from taint, rust or damage of any kind,
and shall measure not less than fourteen inches from the
extremity of the head to the crotch or fork of the tail;
(b.) Those branded or marked “No. 1" shall consist of the
best and fattest mackerel, well split, having the blood well
washed out before being salted, well cured, in the best con-
dition, and free from taint, rust or damage of any kind,
and shall measure not less than thirteen inches from the
extremity of the head to the crotch or fork of the tail :
1314
1886. The General Inspection Act. Chap. 99.
(c.) Those branded or marked “No. 2” shall comprehend
the best mackerel that remain after the selection of the first
qualities, and shall be properly split and washed, well cured,
and in every respect free from taint, rust or damage of any
kind, and shall be divided into two qualities, those thirteen
inches and upwards not sufficiently fat to make No. 1 being
branded No. 2 large, and those from eleven inches up to
thirteen inches being branded No. 2;
(d.) Those branded or marked “large No. 3” shall consist
of good sound mackerel, properly washed, well cured, and
free from taint, rust or damage of any kind, and shall mea-
sure not less than thirteen inches from the extremity of the
head to the crotch or fork of the tail : - &
(e.) Those branded or marked “No. 3" shall consist of
good sound mackerel, properly washed, well cured, and free
from taint, rust or damage of any kind, and shall measure
eleven inches and upwards from the extremity of the head
to the crotch of the tail;
(f) All mackerel under eleven inches in length, of good,
sound quality, and free from taint, rust or damage of any
kind, shall be branded or marked with the words “small
spring ” or “small fall ” in the place of a number ;
(g.) All short, sunburnt or ragged mackerel, not otherwise
defective, of whatever class, shall be branded or marked
“NO. 4 : ”
All spring mackerel shall be packed in coarse or ground
West India salt : -
(3.) Herrings, branded or marked “No. 1 Extra,” shall be Herrings-
thirteen inches and upwards in length and fat, and shall be
well struck with salt, thoroughly cured and cleaned, and
bright in color ;
(a.) Those branded or marked “No. 1" shall be from ten
to thirteen inches in length, well struck with salt, thoroughly
cured and eleaned, and bright in color ;
(b.) Those branded or marked “No. 2” shall be from eight
to ten inches in length, and shall comprehend the best her-
rings that remain after the selection of quality No. 1 ;
(c.) Herrings under eight inches in length shall be branded
or marked “No. 3,” with the word “small ” in addition to
the other brands or marks; * * , -
(d.) All ripped herrings shall be branded or marked with
the word “split,” in addition to other brands or marks ;
(e.) All gibbed herrings shall be branded or marked with
the word “round ’’ in addition to other brands or marks;
(f) All herrings that are not gibbed or ripped shall be
branded or marked with the word “gross” in addition to
other brands or marks ; * . .
(g.) All spring-caught herrings shall be branded or marked
with the word “spring,” in addition to other brands or
marks ;- ... *
The above shall be well cleansed and cured, and in every
respect free from rust, taint or damage:
5% 1315
Chap. 99. The General Inspection Act. 49 WICT.
Branding of
herrings
caught at cer-
tain places.
Smoked her-
rings.
Size of boxes
and half boxes
of smoked
herrings.
How much
boxes, &c.,
shall contain.
Tainted
herrings.
Gaspereaux
and alewives.
Sea trout.
All spring and fall herrings shall be packed in coarse or
ground West India salt :
Herrings that are caught at the Magdalen Islands, Baie
des Chaleurs, Labrador or Newfoundland, and brought into
port in Canada in bulk and packed in Canada, shall be
branded or marked “Magdalen Islands,” “Baie des Cha-
leurs,” “Labrador,” or “Newfoundland,” respectively, in
addition to other brands or marks: .
(4.) Smoked herrings branded or marked “No. 1,” shall
comprehend the best and fattest fish ; and those branded or
marked “No. 2” shall consist of the poorer, smaller and
inferior fish ;
. (a) Both of these qualities shall be well smoked, free from
taint, and not burnt or scorched ; and no red or smoked
herrings shall be so branded or marked unless they are well
and sufficiently saved and cured, and carefully packed in
good and substantial barrels or half barrels ;
(b.) If smoked herrings are packed in kegs or boxes, the
same shall be of well-seasoned boards, the sides, top and
bottom of not less than half an inch in thickness, and the
ends at least three-quarters of an inch thick; the inside
measurement of each box shall be eighteen inches long,
nine inches broad, and eight inches deep, the joints well
mailed, and the tops or covers smoothed ;
And every such box of smoked herrings shall contain.
at least twenty pounds of fish; half boxes shall be twenty-
two inches long, four inches deep and eight inches wide,
and shall contain not less than ten pounds of fish :
(c.) Tainted, burnt, scorched and badly smoked herrings
shall be considered “refuse,” and may be branded or marked
as such without any other character :
(5.) Gasperaux or alewives, branded or marked “No. 1,”
shall consist of the largest and best fish, measuring nine
inches and upwards, well struck with salt, thoroughly
cured and cleaned, and bright in color ;
Those branded or marked “ No. 2 ” shall be from seven
to nine inches in length, and shall be the best that remain
after the selection of quality No. 1 ; gº
Those under seven inches in length shall be branded or
marked “No. 3,” with the word “ small,” in addition to the
other marks or brands ;
All gaspereaux and alewives shall be packed in coarse or
ground West India salt : - -
(6.) Sea trout branded or marked “No. 1" shall consist of
the largest, best and fattest kind, well split, and in every
respect free from taint, rust or damage of any kind ;
(a) Those branded or marked “No. 2” shall comprehend
the best trout that remain after the selection of the first
quality, and shall be good, sound fish, free from taint, rust
or damage of any kind: :
1316
1886. - The General Inspection Act. Chap. 99. , 35.
(7.) Lake and salmon trout branded or marked “No. 1, º: * t
lake,” shall consist of the largest and fattest fish, and be S8.III.1011 UTOlll.
free from taint, rust or damage ;
(a.) Those branded or marked “No. 2, lake,” shall consist
of the next best fish, free from taint, rust or damage:
(8.) White fish branded or marked “No. 1" shall consist White fish.
of the largest and fattest kind, cured in good condition, and
in every respect free from taint, rust or damage ;
(a.) “No. 2” shall consist of those that remain after the
selection of the first quality, and be free from taint, rust or
damage:
(9.) Green codfish in barrels, with or without pickle, classed Green codfish
“No. 1, large,” shall consist of the best and fattest fish, well "*
split and cleansed, well cured, in first rate condition, and in
every respect free from taint, salt-burn, rust or damage of
any kind, and shall measure twenty inches and upwards to
the crotch of the tail;
(a.) Those classed “No. 1 ° shall consist of the best and
fattest fish remaining after the selection of quality No. 1,
large, well split and cleansed, well cured, in first rate con-
dition, and in every respect free from taint, salt-burn, rust
or damage of any kind, and shall measure from sixteen to
twenty inches to the crotch of the tail ;
(b.) Those classed “No. 2” shall consist of those remaining
after selection of quality No. 1, and shall be sound, well-
cured fish, and free from taint, salt-burn, rust or damage of
any kind; -
(c.) Every barrel of pickled codfish shall contain two hun- Pickled cod-
dred pounds of fish, and every half barrel, one hundred "*
ounds of fish :
(10.) All other kinds of fish not enumerated herein, such Other fish.
as ling, hake, haddock, pollock, catfish, halibut, shad, bass
and eels, codfish tongues and codfish sounds, in casks or
barrels, shall be branded or marked as such, and shall be
sound and well cured, free from taint, salt-burn, rust or
damage of any kind;
(11.) Small fish, which are usually packed whole, with dry Small fish.
salt or pickle, shall be put into good casks of the size and
materials required by this Act for the packing of split,
pickled fish, and shall be packed close, edgeways in the
cask, and properly salted with good, coarse, wholesome, dry
salt, and the casks shall be filled full with the fish and salt,
and no more salt shall be put with the fish than is necessary
for their preservation ; and the casks containing such whole
fish shall be branded or marked with the denomination of
the fish, and a like designation as is prescribed by this Act
in respect of the qualities of other pickled fish ;
(12.) All rusty or sour fish, of whatever kind or class, shall Rusty and
be branded or marked with the word “rusty” or “sour,” “*
as the case may be, in addition to the other brands or
marks;
54% 1317
86
Chap. 99. The General Inspection Act. 49 WICT.
Fish which
shall not pass
inspection.
Fish in bulk.
Packing of
tish.
Sound and
unsound fish
to be sepa-
rated.
Re-packing to
be in presence
of inspector.
Inspector may
correct pack-
ing, &c., of
deputy in-
spector.
Inspected fish
inot to be re-
inspected.
"Contents of
tierce, &c.
(13.) No foul or tainted fish, or fish mutilated for the pur-
pose of concealing marks and appearances of illegal capture,
or unsizeable fish, shall pass inspection ;
(14.) Fish known as pickled fish, which are cured in bulk,
if not inspected and certified as aforesaid, and afterwards
packed in barrels, shall be branded or marked with the
word “bulk ’’ in addition to other brands or marks;
(15.) Each cask or package of fish shall contain fish of the
same kind, or parts of the same kind and quality, properly
packed in separate layers, and on every layer of fish so packed
in the cask, a sufficient quantity of good, clean suitable salt,
free from lime, shall be regularly placed in the proportion
of half a bushel for each barrel of fish, and in like proportion
for other packages, at the discretion of an inspector or deputy
inspector ; and after the cask has been properly packed and
headed, it shall be filled with clean pickle, strong enough to
float a fish of the kind so packed ;
(16) If it appears to any inspector or deputy inspector
that a portion of the fish inspected by him is sound, and
another portion unsound, he shall separate the sound from
the unsound, re-pack the sound fish, and brand or mark the
same according to its quality ; and such portion as the in-
spector judges incapable of preservation he shall condemn
as bad, and mark “refuse,” in addition to other marks;
(17.) If any casualty renders it necessary to re-pack in-
spected fish, it shall, in all cases, be done by and in the
presence of an inspector or deputy inspector ; and any other
person attempting to re-pack or brand or mark the same shall
incur a penalty not exceeding twenty dollars for every such
offence; -
(18.) When any fish, branded or marked by a deputy in-
spector, proves unequal in quantity or quality to that which
is indicated by the brand or mark, or deficient in any way
in the requisites prescribed by this Act, the inspector may
cause the same to be re-inspected ; and if it appears that the
defect arose from the condition of the fish, or the bad quality
of the cask, or the bad packing or pickling of the fish at the
time of the inspection, he may recover the cost and charges
of such re-inspection from the deputy inspector, who branded
or marked the same ; - . . .
(19) Pickled fish, duly inspected, packed and branded or
marked, and fish oils, inspected and branded or marked
under this Act, at any place in the Provinces of Nova Scotia,
New Brunswick, Quebec, Ontario, or British Columbia, shall
not be subject to re-inspection within Canada, except in cases
already provided for in this Act ;" t 4.
(20) Each tierce shall contain three hundred pounds, and
each half tierce one hundred and fifty pounds ; each barrel
shall contain two hundred pounds, and each half barrel one
hundred pounds ; each quintal shall weigh one hundred
pounds ; each draft shall mean two hundred pounds ; and
each box of herrings shall contain twenty pounds at least;
1318 -
1886, The General Inspection Act. Chap. 99. 37
and in each case the weight shall be clear avoirdupois, ex-
clusive of salt and pickle; -
(21) There shall be branded or marked on the head or Brands on
butt of each cask of pickled or dry-salted fish, in plain, legible ;" "
letters, after the same has been inspected, culled, classed,
weighed and packed, in accordance with this Act, the des-
cription of the fish, the weight and quality contained in the
package, the initials of the christian name or names, and the
whole surname of the inspector or deputy inspector by whom
the fish was inspected, and the name of the place where he
acts as inspector, and the month and the year of inspection.
37 W., c. 45, s. 66, part —39 W., c. 33, s. 3;-45W., c. 25, s. 1;-
47 W., c. 33, s. 5;-48-49 W., c. 66, s 15.
77. Every inspector or deputy inspector shall seize, and ºl.
any magistrate may confiscate to Her Majesty, all fish found ...”
or exposed for sale which have been killed or captured during seized.
prohibited seasons or by unlawful means, and all fish at any
time offered for sale or barter, or attempted to be exported,
whilst in an unwholesome condition. 37 W., c. 45, s. 66, part.
7s. The boards of examiners of inspectors of fish and fish jºi.
oils shall fix and have in charge the standard of fish oils in Hººd"
Nova Scotia, New Brunswick, Quebec and Ontario, respec- kept.
tively; and the same shall be classified and branded or
marked according to such standards, as follows:–
(1) Whale oil shall be free from adulteration of every Whale oil.
kind, and shall be branded as such, with the class accord-
ing to quality appointed by standard, if No. 1, “pale; ” if
No. 2, “straw ;” if No. 3, “brown; ” .
(2.) Seal oil shall be free from adulteration of every kind, Scal oil.
and shall be branded as such, with the quality per standard
—if No. 1, “strictly pale;” if No. 2, “pale;” if No. 3, “straw ;”
if No. 4, “brown ;” if No. 5, “dark brown ; ” -
(3.) Porpoise oil shall be free from adulteration of every Porpoise oil
kind, and shall be branded as such, with the quality per
standard—if No. 1, “pale; ” if No. 2, “straw ; ” if No. 3,
“brown ; ” r
(4.) Cod oil shall be free from adulteration, and be branded Cod oil.
as such—first quality, “A ;” second quality, “B; ”
(5.) Herring, hake, pollock and dog-fish oil, and all other Q: her fish
oils shall be branded as such—first quality, “A ; ” second OllS.
quality, “B:”
2. An inspector or deputy inspector shall determine the .in-
gauge of each cask, and the outs thereof; and shall mark "*
the same on the cask ; and the barrels shall be in good order
and condition, sound and staunch, and made of hard wood,
and if any cask or casks are found to contain water or other
adulteration, the fact shall be scribed or branded by the
inspector or deputy inspector on the cask: -
3. Casks containing fish oils shall be scribed or branded "*.
with such quality, the month and the last two figures of
1319
Chap. 99. The General Inspection Act. 49 WICT,
Fees for in-
‘Spection.
the year when inspected, the initials of the christian name
or names, and the entire surname of the inspector, and also
the place of inspection, and the initial letters of the name of
the Province in which it is inspected. 37 W., c. 45, s. 67.
79. Every inspector or deputy inspector who inspects
and brands or marks any cask or package of pickled fish
or pickled fish in bulk, or smoked fish, or any fish oil, in
accordance with the provisions of this Act, shall be entitled
to fees at the following rates, which shall be paid by the
original owner or the person who employed him in the first
instance, that is to say:— . r
(1.) For each tierce of salmon, salmon-trout or sea-trout,
fifteen cents; -
(2.) For each half tierce of salmon, salmon-trout or sea-
trout, ten cents : . . -
(3) For each barrel of salmon, salmon-trout or sea-trout,
fifteen cents;
(4) For each half barrel of salmon, salmon-trout or sea-
trout, ten cents ;
(5) For each barrel of mackerel, ten cents :
(6.) For each half barrel of mackerel, five cents;
(7.) For each barrel of herring, seven cents :
(8) For each half barrel of herring, four cents;
(9.) For each barrel of shad, ten cents;
(10.) For each half barrel of shad, seven cents;
(11) For each barrel of whitefish, ten cents;
(12) For each half barrel of whitefish, seven cents;
(13.) For each barrel of pickled codfish, hake, haddock or
cat-fish, five cents;
(14) For each half barrel of the same, three cents;
(15.) For each quarter barrel or kit of pickled fish one and
one-half cent ; *
(16) For each barrel of dry-salted codfish, hake, haddock,
catfish, ling or pollock, five cents;
(17) For each half barrel of the same, three cents;
(18) For each barrel of bass, ten cents;
(19) For each half barrel of bass, seven cents;
(20) For each box of smoked herrings, one cent ;
(21.) For each half box of smoked herrings, one-half cent ;
(22) For each quarter box of smoked herrings, one-quarter
(23) For each barrel of cod tongues, cod sounds, halibutor
eels, ten cents ;
(24.) For each half barrel of the same, seven cents;
(25.) For inspecting, gaúging and branding each puncheon
of oil, twenty cents;
(26). For inspecting, gauging and branding each hogshead
of oil, fifteen cents; *
(27.) For inspecting, gauging and branding each tierce of
oil, twenty cents;
1320
1886. The General Inspection Act. Chap. 99. 39
(28.) For inspecting, gauging and branding each barrel of
oil, fifteen cents;
(29.) For inspecting empty packages, one cent :
2. The foregoing rates shall be calculated exclusive of salt, Rates to be
pickle, cooperage, storage and labor employed in Washing, ::::::e of
rinsing, cleaning, nailing, screwing or re-packing and pick-
ling any fish :
3. Provided always, that any person causing his fish or fish ºf
oil to be inspected, may employ, at his cost and charges, a jº
cooper to attend upon and assist the inspector or deputy º
inspector in the performance of his duty,+in which case the ñº. lè
inspector or deputy inspector shall not be allowed any
charge for cooperage, and the cooper so employed shall be
governed and guided solely by the directions which he
receives from the inspector or deputy inspector with respect
to any fish or fish oil by him inspected, and not by any
other person. 37 W., c. 45, s. 68 ;--44 W., c. 22, s. 1;-48-49 W.,
c. 66, s. 16. - & -
89. Fish and fish oil may be inspected either at the place º *
where they are packed or manufactured, or at the place of ºct.
sale within Canada. 37 W., c. 45, s. 69.
81. Whenever fish are not inspected at the place of pack- Mºin-
ing, the packer's name and the quality of the fish shall be jºck.
marked in paint, on each barrel, half barrel or package; and º "...",
when they are inspected at the place of sale, the inspector * Place
shall empty out ten packages in each hundred of any lot
submitted to him for inspection, and such inspection of ten
packages out of every hundred shall regulate the grade of
the fish so submitted for inspection. 37 W., c. 45, s. 70.
sº. So soon as any fish are inspected, a bill of inspection ºf inspec-
shall be furnished by the inspector or deputy inspector,"
specifying the quality as ascertained by inspection, and
whether each package contains the weight prescribed by
this Act, with the name of the packer, and of the inspector
at the place of packing. 37 W., c. 45, s. 71.
88. This Act shall not apply to fish landed at any port of ...".m.
Canada from United States fishing vessels for the purpose of j.S. vessels
re-shipment to the United States, unless the owners of such :::::::. r
fish wish them to be inspected; but such fish if so re-shipped proviso.”
without being inspected, shall not be branded or marked.
37 W., c. 45, s. 72.
RUTTER, .
84. No inspector or deputy inspector of butter shall º of
brand, mark or certify any butter as inspected, unless it is ...”
packed in the manner hereinafter required ; but any butter
not so packed, submitted for inspection, shall, by the in- Re-packing.
1321 *
Chap. 99. The General Inspection Act. 49 Vict,
spector or deputy inspector to whom it is submitted, be re-
How butter
shall be
packed.
Weight to be
marked.
Further pro-
visions as to
packages.
Mode of in-
spection.
Coopering
and branding.
Quality and
standard.
packed in the manner hereby required, and the inspector or
deputy inspector shall receive the actual cost of such new
packages as are required for such re-packing, and the fur-
ther sum of five cents for each firkin or keg of butter so re-
packed as compensation of his time and labor :
2. All butter submitted for inspection shall be packed in
kegs, firkins or tubs, containing each twenty-five pounds,
fifty pounds, seventy-five pounds, or one hundred pounds;
and every such package shall be made of the best seasoned
wood, shall be well bound with sufficient hoops, and shall
be of such size respectively as will contain as nearly as may
be the above mentioned quantities; the actual weight of
each package when dry, together with the names of the
maker of such package, shall be legibly branded on the out-
side of one of the staves of such package:
3. The packages may be of such form and the heads or
ends may be secured in such manner as the maker deems
best, but the length of the stave shall in all cases be equal
to the greatest diameter of the package, and the inspector
may reject and refuse to stamp or brand any package that he
considers insufficient for preserving the contents in good
order, or for the prevention of fraud with reference to the
stamps or brands. 37 W., c. 45, s. 73.
85. The inspector or deputy inspector shall, in inspect-
ing butter, take out the head of each firkin or keg, and
shall pass the taster through the butter, from end to end,
and shall empty out and throw aside all salt or pickle which,
in his judgment is not necessary to the preservation of the
butter; and after he has ascertained the quality of the but-
ter, he shall replace so much thereof as he has taken out,
and if there is in his judgment a deficiency of loose salt, so
that he thinks the preservation and condition of the butter
would be promoted by an additional quantity of salt, he
shall add such quantity: .
2. He shall then have the package securely headed and
coopered, and shall inscribe or brand on the head of the
package the gross weight thereof in pounds avoirdupois,
excluding fractional parts of a pound, and the tare, which
shall include for each package of twenty-five pounds, one-
half pound, for each package of fifty pounds, one pound,
and for each greater package two pounds weight, for soak-
age over and above the cooper's tare; and he shall then
brand on the head his own name, the month, year and place
of inspection, and the quality of the butter as “first,”
“second,” “third * or “fourth,” or as “grease,” according to
the quality of the butter, and adopting such standard of
quality and system of classification, as are approved by the
Governor in Council; first removing all such marks (the
distinguishing mark of the owner of the butter excepted)
- - 1322
1886. The General Inspection Act. Chap. 99. 41
on the package as would interfere with the brands or marks
of the inspector. 87V., c. 45, s.74. -
86. Every inspector shall provide himself and his deputy Fitpremises to
with suitable and convenient premises for the storage and *P*
inspection of butter, and shall keep all packages of butter
delivered to him for inspection, while they remain in his pos-
session, in some place safe from the injuries of the weather -
or of floods, and under a tight roof; and every inspector or Penalty for
deputy inspector who violates the provisions of this section, *
shall forfeit and pay to the owner the sum of one dollar
for every package not stored as aforesaid, besides the actual
damages sustained by such owner. 37 W., c. 45, s. 75.
sº. For all the services to be performed as aforesaid, in- ºria
cluding unheading, weighing, salting, heading, tightening jº
hoops, marking and branding, and ten days' storage, each
inspector shall be entitled to receive ten cents for every
package of butter by him inspected as aforesaid, and if re-
inspected, seven cents, together with the actual cost or
charge of any package by him furnished, or for extra coop-
erage or repairs done to packages containing butter by
him inspected, and no more, the charge for which extra
cooperage and repairs shall not in any case exceed five cents
per package, in consideration of which all packages shall
be delivered in good shipping order; and such charges shall
be paid by the person offering such butter for inspection, or
his agent: - -
2. Every inspector shall further be entitled to receive two Storage.
and a-half cents per month, per firkin, and One cent and two-
thirds of a cent per keg, per month, for the storage of each
package of butter which remains stored with him as afore-
said more than ten days after the date of the invoice, weigh
note or inspection bill; and such storage shall be paid by the
person receiving or shipping the said butter, or his agent ; .
but in no case shall any storage be paid or required when
the butter has not remained stored, as aforesaid, during ten
days from the date of the inspection bill: -
3. All the charges for inspection and storage shall be pay- Charges, when
able before the butter is re-delivered by the inspector; and **
the inspector shall furnish a bill of inspection signed by him
and specifying neatly and legibly the quantity and quality
of the butter, the charges thereon, and the owner's name.
37 W., c. 45, s. 76 ;—48-49 W., c. 66, s. 17. -
ss. Every inspector shall, at the end of every month, i.
make a return to the Minister of Inland Revenue of the º'
quantity of each quality of butter inspected by him or the º and
deputy inspector under him ; and such return shall be made º
in such form as is required by the said Minister. 37 V.,
c. 45, s. 77.
1323
Chap. 99. The General Inspection Act. 49 WICT.
Interpreta-
tion.
‘‘ Raw hides.”
Governor may
appoint in-
spectors.
Inspection of
leather, how
to be made.
Where inspec-
tion shall be
made.
Storage and
expenses.
Quality to be
marked, and
weight.
Powers of
inspector in
respect of
weight.
Fees.
Harness
leather.
RAW HIDES AND LEATHER. -
89. The expression “raw hides" means and includes all
green, untanned hides or skins, commonly used in the manu-
facture of leather, weighing six pounds or upwards. 39 W.,
c. 33, s. 5;-43 W., c. 20, s. 5.
90. The Governor in Council may, when he considers it
necessary so to do, appoint in any city, town or other place
an inspector of leather and an inspector of raw hides.
48-49 W., c. 66, s. 18.
91. Every inspector or deputy inspector shall examine
and inspect any raw hides or leather on application made to
him for that purpose by the owner or possessor thereof, and
º the weight, quality and condition thereof. 37 W.,
c. 45, s. 79.
92. Every inspector shall keep in a convenient situation
in the city, town or place for which he is appointed inspec-
tor, as tore or warehouse for the purpose of such inspection;
and such inspection shall be made either at the said store or
warehouse, or if he thinks fit at the store or warehouse of
the owner of the raw hides or leather :
2. No charge for storage shall be made until twenty-four
hours have elapsed after such inspection ; but all trouble
and expense attendant upon the loading, unloading, or mov-
ing such raw hides or leather shall be borne and paid by
the person at whose request the same are inspected. 37 W.,
c. 45, s. 80.
98. Every inspector or deputy inspector shall mark or
stamp on each hide the net weight of such hide; and such
hides shall be inspected without the horns, muzzles, snouts
or hoofs, and the inspector, if he is required so to do, shall
give a certificate of the net weight of such hide, without
any charge for such certificate. 37 W., c. 45, s. 81.
94. Every inspector or deputy inspector shall subtract
from the weight of each raw hide all dirt and parts injured
by knife cuts, and any other thing which ought not to be com-
puted in the weight of the hides, and may add to such
weight all that such hides have lost by drying; and the com-
putation of the weight so to be subtracted or added shall be
in his discretion ; he shall also classify them as number one,
two, three or damaged, as the case may be. 37 V., c. 45, s. 82.
95. Every inspector shall be entitled for the inspection
of such hides to a fee of five cents for each hide in lots
under one hundred in number, and four cents for each hide
in lots over one hundred in number. 37 W., c. 45, s. 83.
96. The inspector or deputy inspector may inspect har-
mess leather and certify the weight thereof, but he shall not
- 1324
1886. The General Inspection Act. Chap. 99. : 43 8.
be liable in damages on account of any deficiency or excess
in the weight of any such harness leather, unless such defi-
ciency or excess amounts to more than five per cent. of the
whole weight of the leather. 37 W., c. 45, s. 84.
97. The inspector or deputy inspector may also inspect ºf
leather known as calf, kip and red leather or moccasin leather, i.”
and certify its weight, quality and condition. 37 V., c. 45,
s. 85.
98. The inspector or deputy inspector may inspect and Leather sºld
measure all kinds of leather which are sold by superficial tºº
measure or by weight, and shall be entitled to charge two
cents for each side or piece of such leather so inspected and
measured by him. 37 W., c. 45, s. 86.
99. Every person, except the inspector or deputy inspec- None but in-
tor, who stamps or numbers any of the raw hides or leather #iºner
above mentioned, and exposes them for sale, shall be liable &c. -
to a penalty not exceeding twenty dollars; but he shall be at Exception.
liberty to mark on the said leather in ordinary and legible
figures the weight of the said leather, and in such cases the
words “not inspected ” shall be marked above the said
figures, in letters of the same dimensions and as legible as
the said figures; and every person who exposes for sale any Penalty.
leather the weight of which is so marked without the words
“not inspected ” as above prescribed, shall be liable to a
penalty not exceeding twenty dollars. 37 W., c. 45, s. 87;-
46 W., c. 29, s. 3.
100. Each inspector or deputy inspector shall provide and ºr "
have a sufficient number of brands, stamps, stencil plates, # and
or marking instruments, where with he shall brand, stamp stamps.
or mark, or cause to be branded, stamped or marked, imme-
diately after inspection, on both sides of each hide or piece
of leather, the initials of the name of the inspector. 37 W.,
c. 45, s. 88.
101. All brand or stamp marks shall be meat and legible ºf
and shall be made at one end of the hide or piece of leather, branded or
within a space of not less than two inches long by one inch stamped.
and one-half broad. 37 W., c. 45, s. 89.
102. Sole leather so inspected shall be divided as to qual: 3.
ity into three classes, “number one,” “number two,” and € 183, Uher.
“ number three ;” number one representing the first or best
quality, number two representing the second quality, num-
ber three representing the damaged and rejected articles.
37 W., c. 45, s.90, part.
103. Such leather as is ordinarily distinguished, among ºr
dealers, by its comparative weight, shall also be divided into . #.
three classes, “heavy,” “middling” and “light weight;"
1325
Chap. 99. The General Inspection Act. 49 WICT. -
Liability for
deficiency
limited.
Moccasin and
barness
leather.
Brands or
marks des-
cribed.
Forms of.
Inspector to
keep books,
and what the
shall show.
every piece or side of leather under fourteen pounds weight
shall be considered light; every piece or side of leather of
fourteen pounds weight and under twenty pounds weight
shall be considered middling, and every piece or side of
leather of twenty pounds weight and over shall be consid-
ered heavy or over weight. 37 W., c. 45, s. 90, part.
104. The inspector or deputy inspector shall not be liable
in damages on account of any deficiency or excess in the
weight of any such leather, unless such deficiency or excess
amounts to more than five per cent. of the whole weight of
leather. 37 W., c. 45, s. 90, part.
105. Red leather, or moccasin leather and harness leather
shall, after inspection, be marked or branded, respectively
with the figures one or two, according to the quality there-
of 37 W., c. 45, s.91.
196. The brand or mark may be fixed or attached to the
raw hide or leather, by stamping or by any other process
that will render such brand or mark indelible ; each brand
or stamp shall have the initials of the city or town where
inspection is made and the initials of the inspector's name,
and the weight of the raw hide or leather, as also the figure
denoting the quality; and may be in the form following —


1. 112 lbs. - 2. 90 lbs.
T., J. B., I. T., J. B., I.
The figure 1 representing the first quality; 112 lbs., the
weight; T., Toronto; J. B., I., initials of inspector's name and
office: -
The figure 2 designating second quality:

3. 60 lbs.
T. J. B., I.
The figure 3 designating a damaged or rejected article.
37 W., c. 45, s. 92.
H67. Every inspector of raw hides and leather shall keep
a proper book or books which shall be open to public inspec-
'tion, in which he shall, from time to time, enter a statement
or account of all green, raw and salted hides and leather
inspected by him or any of the deputy inspectors under him,
showing the respective weight, quality and condition thereof,
1326
1886. The General Inspection Act. Chap. 99. 45
how the same have been classified by him, for whom they
have been inspected, and the amount paid for such inspec-
tion; and every inspector who neglects or refuses to keep Penalty for
such a book, or to make the entries required to be made ;,
therein, or neglects or refuses to make the returns required &c. y
by the next following section of this Act, shall incur a penalty
not exceeding eighty dollars for each offence, and be liable
to be dismissed from his office, and disqualified from ever
after holding the same. 37.V., c. 45, ss. 93 and 95. ~
108. Every such inspector shall, twice in each year, and Inspector to
not later than the tenth day of January and the tenth day **
of July, respectively, make a return to the board of trade of
the city or town in respect to which he has been appointed,
of the particulars mentioned in the next preceding section ;
and a duplicate of such return shall be sent to the Minister
of Inland Revenue at Ottawa. 37 W., c. 45, s.94.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1827
An Act to prohibit the Manufacture and Sale of certain A.D. 1886.
substitutes for Butter.
- HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:– -
1. No oleomargarine, butterine or other substitute for Manufacture
butter, manufactured from any animal substance other than ...
milk, shall be manufactured in Canada, or sold therein, and stitutes for
every person who contravenes the provisions of this Act in ;..."
any manner whatsoever shall incur a penalty not exceeding
four hundred dollars and not less than two hundred dollars, Penalty.
and in default of payment shall be liable to imprisonment
for a term not exceeding twelve months and not less than
three months. 49 W., c. 42, s. 1.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

1829
An Act respecting the Inspection of Gas and Gas A.D. 1886.
Meters.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
H. This Act may be cited as “The Gas Inspection Act.” short title.
36 W., c. 48, S. 48.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “meter” means gas meter, and includes §: ter.”
every kind of machine, apparatus or instrument used for -
measuring gas ;
(b.) The expression “undertaker’ means any company or “Under-
person undertaking to furnish gas to any purchaser; “ taker.”
(c.) The expression “purchaser’ includes any person to “Purchaser.”
whom gas is to be furnished ;
(d) The expression “prescribed quality,” means that qual- “Prescribed
ity of gas which the undertaker has undertaken to supply “quality.”
to the purchaser ;
(e.) The expression “inspector” means an inspector of gas “Inspector.”
meters appointed under this Act. 36 W., c. 48, s. 1.
3. The only standard or unit of measure for the sale of Standard of
gas by meter, shall be the cubic foot, containing sixty-two." for
pounds and three hundred and twenty-one thousandths of ‘’”
a pound avoirdupois weight of distilled water, weighed in
air at the temperature of sixty-two degrees of Fahrenheit's
thermometer, the barometer being at thirty inches. 36 W.,
C. 48, s. 2.
4. In addition to the models of gasholders measuring the Verification
said cubic foot, and multiples and decimal parts of the said *
cubic foot, already made and verified, and deposited in the multiples,
Department of Inland Revenue, models of such further mul- º
tiples and decimal parts of the said cubic foot as the Minister
of Inland Revenue, from time to time, thinks necessary, shall
be carefully made with proper balances, indices and appa-
ratus for testing the measurement and registration of meters;
and such models shall be verified under the direction of the
Minister of Inland Revenue, and when so made and verified,
shall be deposited in the Department of Inland Revenue ;

6% 1331
Chap. 101.
The Gas Inspection Act. 49 WICT.
Copies.
Models of ap-
paratus for
testing gas.
Appointment
of inspectors.
Their duties.
How paid.
Who may be
appointed.
Proviso.
Standards,
&c., to be fur-
nished to
inspectors.
*
and copies of the models deposited and verified as aforesaid,
shall be used under such regulations as are approved by the
Governor in Council, for testing and verifying all meters
used within Canada. 36 W., c. 48, s. 3.
5. Copies of the models of the apparatus described in the
schedule to this Act, for testing the illuminating power and
purity of gas, deposited in the Department of Inland Rev-
enue, shall be used in the manner described in the said
schedule, and in such further instructions, not inconsistent
there with, as are, from time to time, directed by regulations.
made by the Minister of Inland Revenue, for testing the
illuminating power and purity of gas. 36 W., c. 48, S. 4.
INSPECTORS AND AIPPARATUS.
6. In every city, town, village or place in Canada where
gas is made for sale, one or more inspectors of gas and gas
meters may be appointed by the Governor in Council, who
shall have the custody of all measuring and testing appa-
ratus and standards, and of all stamps and stamping appa-
ratus supplied for use in the place for which he is appointed,
hereinafter referred to as his “ district ; ” and the inspectors.
so appointed shall verify all gas meters, and test the purity
of gas used in their respective districts, and shall stamp the
meters when found correct, and grant certificates as to the
quality of the gas, in such manner and in such form as are
prescribed by regulations under this Act; and any such in-
spector may, at all reasonable hours, enter any place within his
district where any meter is used for measuring gas delivered
to a purchaser, for the purpose of inspecting the meter so
used. 36 W., c. 48, s. 6.
7. Such inspectors shall be remunerated for their services
by allowances or salary, as the Governor in Council, from
time to time, orders, not exceeding what is voted by Parlia-
ment. 36 W., c. 48, s. 7.
8- Inspectors of weights and measures, and other officers
of Inland Revenue, may be appointed and act as gas inspec-
tors under this Act; but no gas inspector appointed shall be
a maker or seller of gas or gas meters, or employed by any
maker or seller of gas or gas meters; and no gas inspector
shall repair or adjust any gas meter inspected or verified by
him. 36 W., c. 48, s. 8. - &
9. Every inspector shall be supplied by the Department
of Inland Revenue, under such regulations as are prescribed
by the Minister of Inland Revenue, with the necessary appa-
ratus for testing and verifying gas and gas meters, which
apparatus shall first be tested and verified by the primary
models and apparatus hereinbefore mentioned. 36 W., c. 48,
S. 9.
1332
1886. - The Gas Inspection Act. Chap. 101. 3
19. Every inspector, on appointment, shall take an oath *. *
for the faithful and impartial discharge of the duties assigned ; º,
to him before a justice of the peace, who shall give him a apparatus.
certificate of his having done so, which shall be transmitted
by him to the Minister of Inland Revenue, in whose office it
shall be kept ; and he shall be furnished with the necessary
inspection standards, being copies duly authenticated, of the
official standards and other apparatus : he shall give bonds, To give
to an amount to be fixed by the Governor in Council, for the *
safe custody and careful preservation of such standards and
apparatus and for their delivery over to his successor in the
event of his resignation or of his removal from office, and for
the due accounting for all moneys received by him as such
inspector. 36 W., c. 48, s. 10.
11. Once in every five years at the least, and whenever Verification of
required so to do by the Commissioner of Inland Revenue, *.
each inspector shall present his inspection standards and
other apparatus in his possession for the purpose of ascer-
taining and establishing their accuracy by comparison with
the official standards, and shall obtain from the commissioner
a certificate of their accuracy. 36 W., c. 48, S. 11.
H2. No copy of the gas-measuring models shall be legal Re-verifica.
which has not been verified or re-verified by the Department ...”
of Inland Revenue, within a period of ten years after the
next preceding verification ; and no such copy, which has
been altered or re-adjusted after verification by the Depart-
ment of Inland Revenue, shall be legal until re-verified by
the said department. 36 W., c. 48, S. 12.
VERIFYING AND TESTING METERS.
13. No gas meter shall be fixed for use which has not been Unverified
verified and stamped as hereinafter provided. 36 W., c. 48, ºters unlaw-
s. 13. - º
14. No meter for the purpose of ascertaining the quantity Measuring
of gas sold or used, shall be fixed for use, unless the same has ...º.º.
its measuring capacity at one revolution or complete action marked on
of the meter, and also the quantity per hour it is intended to *
measure in cubic feet or multiples or decimal parts of a cubic -
foot, conspicuously marked on the outside of such meter in
legible letters and figures. 36 V., c. 48, s. 14.
Mā. Every gas meter so tested and verified shall be marked And number
with the number of lights it is constructed to supply,–each º ºs
light being computed to consume five cubic feet of gas per
hour, under a pressure equal to a column of water five-tenths
of an inch high. 36 W., c. 48, s. 15.
H6. Within twelve months after the expiration of five Re-verifica-
years from each verification and stamping, every gas meter "9"
shall again be verified and stamped. 47 W., c. 35, S. 1, part.
64% 1333
4
Chap. 101. The Gas Inspection Act. 49 WICT.
Must have
certain
qualities.
Verification,
how ttested.
Re-verifica-
tion every five
years.
What meters
may be used
by consumers.
Owners to
keep them in
repair.
Rules for veri-
fication.
The same.
Accuracy of
wheelwork,
&c.
Testing
meters for
Soundness.
17. No meter shall be stamped which is found by the
inspector to register, or capable of being made to register,
quantities varying from the true standard measure of gas,
more than three per cent. in favor of the seller, or four per
cent. in favor of the consumer. 36 W., c. 48, s. 17.
HS. The verification of each meter shall be attested by
affixing or impressing on some essential part thereof, a stamp
or mark of such description and in such manner as is directed
by regulations made by the Minister of Inland Revenue, −
and further, by the granting of such certificate as aforesaid.
36 W., c. 48, s. 18.
19. No meter duly stamped as aforesaid shall be liable to
be re-stamped within the period of five years from the then
last verification or re-verification thereof, although the same
is used in any other place than that at which it was origin-
ally stamped, but shall be considered as a lawful meter
throughout Canada, unless found incorrect under this Act,
or requiring re-verification by lapse of time, as aforesaid.
36 W., c. 48, s. 19.
249. Every consumer of gas may purchase and use for the
measurement of the gas supplied to him, any meter duly
verified and stamped as aforesaid, if the gas consumed in an
hour does not exceed the quantity per hour which the meteris
intended to measure, marked on the outside thereof, as herein
provided. 36 W., c. 48, s. 20.
21. In every case the owner of the meter, whether such
owner is the buyer or seller of the gas for the measurement
whereof the meter is used, shall keep every such meter in
good repair, and shall be responsible for the due inspection
thereof—and, except as herein otherwise provided, shall pay
the fee lawfully chargeable for such inspection, and shall
be liable for all penalties incurred in respect of such meter.
36 W., c. 48, s. 21.
22. The verification and testing of meters and gas shall
be performed in accordance with the provisions of this Act,
and with such further regulations not inconsistent there with
as are, from time to time, made by the Governor in Council.
36 W., c. 48, s. 22.
23. The following rules shall be observed by the inspec-
tor in testing meters:—
(a.) The wheelwork and other appliances whereby the
registering indices are moved, shall be verified in such manner
as, from time to time, is prescribed by regulations made by
the Minister of Inland Revenue ;
(b.) The meter shall be tested for soundness or leakage
Only, and not for percentage of error, when fixed on a hori-
1334 -
1886. The Gas Inspection Act. Chap. 101. 5
Zontal base, and with air or gas under a pressure equal to a
column of water three inches high, -and passing not more
than one-twentieth part of its measuring capacity per hour
marked thereon, nor less than one-half of a cubic foot per
hour for all meters of a measuring capacity not exceeding one
hundred cubic feet per hour, and not more than one-fortieth
part of its said capacity per hour for all meters of any greater
measuring capacity per hour than one hundred cubic feet ;
and all meters found to work under such test, and none other,
shall be deemed sound meters ;
(c.) The meter to be tested for percentage of error shall be For percent-
fixed on a horizontal base, and shall be tested at a pressure ****
equal to a column of water one inch high, and also under a
pressure equal to a column of water five-tenths of an inch
high, and passing the quantity of gas or atmospheric air per
hour, which shall be marked thereon as its measuring capa-
city per hour ; and the water used in such testing, and the
air of the room in which such testing is made, shall be as
nearly as practicable of the same temperature as the gas or
air passed through the meter. 36 W., c. 48, s. 23;-38 W., c. 37,
S. 2, part.
24. During the inspection of any meter, or the testing of Owner, &c.,
any gas under the provisions of this Act, the owner of such ºt
meter, or the manufacturer of such gas, and also the person spection.
to whom the gas is supplied, may be present, by himself or -
his agent; and at least twenty-four hours' notice of the in-
spection of any gas meter shall be given, by the inspector or
person at whose request the inspection is made, to the other
party. 48-49 W., c. 69, s. 1.
25. Any inspector may, at the request and expense of any Inspector's
buyer or seller of gas (who shall give twenty-four hours' Kºº.
notice, in writing, to the other party), at all reasonable times,
enter any house or shop, store, yard or other place whatso-
ever within his district, where any meter, stamped of un-
stamped, is fixed or used, and remove such meter, doing as
little damage thereby as may be ; and if, upon examination. If meter is
and testing, it appears that any such meter is incorrect or ...e.
fraudulent, such meter shall not be refixed or used again
until altered and repaired so as to measure and register cor-
rectly, and stamped. 36 W., c. 48, s. 25. -
26. If any dispute arises between the buyer and seller of Disputes, how
gas, or between any owner of a meter and the inspector, settled.
respecting the correctness of such meter, the inspector shall,
if required by any person dissatisfied, give such party his
reasons, in writing, for his decision ; and the dissatisfied
party may require such meter to be examined and re-tested
by two inspectors of adjoining or neighboring districts,
named,—one by each party; and the decision of such last
mentioned inspectors shall be final; and the expense of the Expenses.
1335
w Chap. 101. The Gas Inspection Act. 49 WICT.
proceeding, taken under the powers hereby granted, shall
be borne by the party against whom the decision is given.
Where the
inspection of
meters may be
made.
Inspection
may be re-
quired.
Proviso.
36 W., c. 48, s. 26.
27. All meters made to supply not more than twenty-five
lights, required to be verified and stamped, shall be de-
livered to the inspector at the place where his testing gas
holder and apparatus are then kept : but meters intended
to supply more than twenty-five lights may, when deemed
necessary by the inspector, be tested without being removed
from the place where they are used, by test meters or such other
apparatus as are directed by the Minister of Inland Revenue;
and every purchaser or seller of gas may, at his own expense,
at any time after the date fixed as aforesaid, require any
stamped or unstamped meter by which his gas is measured,
to be examined and tested, and if found correct, to be stamped;
or he may, at his own expense, substitute a stamped meter
in the place of any such unstamped meter: Provided, that
such purchaser or seller of gas shall, before removal of any
such unstamped meter for the purpose aforesaid, give twenty-
What the gas
maker shall be
held to have
undertaken.
Quantity.
Pressure.
Quality.
Standard
quality.
As to am-
monia and
sulphur in
gaS.
four hours' notice, in writing, of such intended removal, to
the other party. 38 W., c. 37, s. 2, part.
TESTING THE QUALITY AND PURITY OF GAS.
28. Every undertaker in any city, town or place for which
there is an inspector of gas, shall be held to have under-
taken— a
(a.) That the supply of gas shall be regular and sufficient;
(b) That it shall be supplied under sufficient pressure ;
(c.) That the quality of gas to be supplied to the pur-
chaser shall be such, that the light produced by a standard
burner consuming five cubic feet of gas per hour, shall be
equal in intensity to that produced by sixteen sperm candles,
as mentioned in Schedule A ; and—
Shall exhibit no trace of sulphuretted hydrogen or any
excess of sulphur or ammonia when tested, in accordance
with the rules provided in that behalf in the schedule to
this Act :
2. Such quality shall be called the “standard quality,”
unless such undertaker has expressly undertaken to furnish
gas of some other quality as to its illuminating properties,
which shall be called the “prescribed quality;” but in any
case gas furnished for lighting purposes shall be free from
any trace of Sulphuretted hydrogen as aforesaid, and from
any greater quantity of Sulphur or ammonia than is allowed
by regulations made by the Minister of Inland Revenue:
3. Illuminating gas shall be considered as impure, when
it contains ammonia in any quantity exceeding four grains
per one hundred cubic feet, or sulphur in other forms than
sulphuretted hydrogen, in any quantity exceeding thirty-
five grains per one hundred cubic feet : !
1336
1886. - The Gas Inspection Act. Chap. 101. T
4. The testing place or places shall be approved by the Testing place.
inspector, and shall not be less than five hundred yards dis-
tant from the gas house or premises where the gas is produced
and purified. 38 W., c. 37, s. 2, part;-47 W., c. 35, ss. 2 and 10.
*9. The inspector may, at any reasonable time, and at the :*".
request of either the undertaker or the purchaser, examine j.“ ”
and test the gas furnished by the undertaker at the testing
|Place approved or prescribed as aforesaid. 36 V., c. 48, s. 29.
30. There shall be provided at the testing place or places, º
proper Conveniences and apparatus therein for the purposes §º.
following, that is to say —
ſº For testing the illuminating power of the gas sup-
plled ; -
(b) For testing the presence of sulphuretted hydrogen in
the gas supplied;
(c.) For testing the presence and quantity of sulphur and
2.ſſll Yl Ollla, .
Provided always, that if there is a special agreement be-Proviso; as to
tween the undertaker and the purchaser, there shall be pro- ... **
vided proper conveniences and apparatus for such of the said
purposes as are prescribed in the said agreement :
2. The said apparatus shall be in accordance with the Apparatus
regulations prescribed in the schedule to this Act, or accord-º.*
ing to such rules as are, from time to time, substituted in schedule.
lieu thereof by regulations under this Act, and shall be so
situated and arranged as to be conveniently used for the pur-
pose of testing the illuminating power and purity of the gas
supplied by the undertaker. 38 W., c. 37, s. 2, part.
3.H. The inspector may test the illuminating power and Time for test-
purity of the gas supplied by the undertaker on any or every "*
day, between the hours of five o’clock and eight o'clock in the
afternoon, from the first day of October to the thirty-first day
of March, both inclusive, and on any or every day between
the hours of seven o'clock and ten o’clock in the afternoon,
from the first day of April to the thirtieth day of September,
both inclusive. 36 W., c. 48, s. 31.
$2. The undertaker and purchaser, or either of them, Parties may be
may have an agent present at the testing; but such agent *
shall not interfere with the operation of testing, which shall
be conducted in accordance with the rules prescribed in
the schedule to this Act, or in any regulations made under
this Act. 36 W., c. 48, s. 32.
33. The fees of the inspector shall be paidjby the person Fºes ; by,
requiring the inspection; but if the inspector finds and cer-" "
tifies that the gas inspected is inferior in quality to the stan-
-dard or quality which the undertaker was bound to furnish
to the purchaser, then the purchaser, if he has required the
1837
... . . 8 . . Chap. 101. The Gas Inspection Act. : 49 WICT.
inspection, may recover from the undertaker the fees so paid
by him. 36 W., c. 48, s. 33. *
Certificate of 34. The inspector shall give to either the undertaker or
*P* purchaser, or both, on payment of the proper fee, a certifi-
cate stating the result of his inspection, and the time at which
it was made, and at whose instance, and any other particulars.
he thinks it right to insert for the information and guidance
Its effect. of the persons concerned ; and such certificate shall be primá
facie evidence of the quality of the gas inspected, and shall
bear an adhesive stamp or stamps representing the fee law-
fully chargeable for such certificate. 36 W., c. 48, s. 34.
BOOKS AND INSPECTORS’ CERTIFICATES.
Companies to 35. Every undertaker shall, at all times, keep in his office,
; . in a book or books, the names and addresses of his purchasers
mers open to for the time being, —which book or books shall be open to
*** the inspector during office hours, and from which he may
Penalty for take such extracts as he thinks fit; and for any failure to
.*P* comply with the requirements of this section, the undertaker
8,11C0. shall incur a penalty of fifty dollars. 47 W., c. 35, s. 9.
Certificate of 36- Every undertaker shall keep the public informed of
i.”. the illuminating power of the gas supplied by him, and of
posted up. its purity as affected by the absence or presence of sulphu-
retted hydrogen, by procuring a certificate from the inspec-
tor and posting it up in the chief office of the undertaker,
Frequency of from time to time, as follows: undertakers having more
... ... than four thousand purchasers shall procure such certificate
according to º º
number of once in each week; those having less than four and more
. than two thousand purchasers, once in each month ; those
having less than two thousand and more than five hundred
purchasers, once in each interval of three months; and those
having less than five hundred purchasers, once in each in-
terval of six months :
What certifi- 2. Such certificate shall show the average result of the
tº hall various tests taken by the inspector under regulations made
by the Minister of Inland Revenue, during the period in-
tervening between the date of any certificate and that of the
preceding One, and shall remain so posted up until replaced
by the next succeeding one as hereinbefore required :
Certificates as 3. Every undertaker in cities in which the requisite ap-
..". paratus is furnished by the Minister of Inland Revenue,
shall obtain during the first weeks respectively of January,
April, July and October in each year, a certificate indicating
the average quantity of ammonia and sulphur, in other forms
than sulphuretted hydrogen, ascertained by official analysis
during the preceding three months to have been contained
in the gas:
!...i. 4. Each certificate of tests made shall be posted as above
.* required within twenty-º º of its delivery by the
- I -
1886. The Gas Inspection Act. Chap. 101. 9
inspector, and shall remain so posted up until the issue of
the next following certificate; and every undertaker who
fails to comply with the foregoing requirements of this sec-
tion shall, for each day during which such failure continues,
incur a penalty of ten dollars:
5. Every undertaker shall pay to the inspector, on the Fees for
receipt of each such certificate, such fees as are prescribed by *
the Governor in Council; and such fees shall be applied as
prescribed by the next following section. 47 W., c. 35, S. 8.
FEES, STAMPS AND ACCOUNTS. º
$7. The fees for testing and stamping gas meters or for Fees; how
testing the quality and purity of gas, shall be determined, jºr
from time to time, by the Governor in Council and published
in the Canada Gazette, and such fees shall be regulated so
that they will, as nearly as may be, meet the cost of carry-
ing this Act into effect; and all fees received under this Act
shall be accounted for and paid to the Minister of Finance
and Receiver General, at such times and in such manner as
the Minister of Inland Revenue directs, and shall form part
of the Consolidated Revenue Fund. 36 W., c. 48, s. 35.
38. Such fees shall be paid, at the time of the inspection, Payment of
stamping or verification, to the inspector, who shall affix to #.
the certificate given by him, an adhesive stamp or stamps to
the amount of such duty, and shall, at the time of affixing
the same, write or stamp thereon the date at which such
stamp or stamps is or are affixed; and no certificate shall
be valid or avail for any purpose whatsoever, unless the
requisite stamps have been duly aſfixed thereto and cancelled.
36 W., c. 48, s. 36.
39. The Governor in Council may, from time to time, Preparation
direct stamps to be prepared for the purposes of this Act, bear. **
ing such device as he thinks proper, and may defray the cost
thereof out of any unappropriated moneys forming part of
the Consolidated Revenue Fund; and the device on such cer- Device
tificate stamp shall express the value thereof, that is to say, ”
the sum at which it shall be reckoned in payment of the fee
hereby prescribed. 38 W., c. 37, s. 2, part.
49. Separate accounts shall be kept of all expenditure in- Accounts.
curred and of all fees and duties collected and received under
the authority of this Act ; and a correct statement of the
same up to the thirtieth day of June, then last past, shall be
yearly laid before Parliament within the first fifteen days of
the then next session thereof. 36 W., c. 48, s. 38.
PENALTIES.
41. Every person who, except under the authority of this Punishment
Act, makes, causes or procures to be made, or knowingly for forging
1339
10
Chap. 101. The Gas Inspection Act. 49 WICT.
stamps for
ImeterS.
Knowingly
using meter
with forged
Stamp.
And for
falsely alter-
ing meters,
&c., or ob-
structing
their action.
Proviso.
Fixing un-
stamped
meter.
Stamping in-
COrrect meter.
Forging cer-
tificates or
Stamps.
acts or assists in making, or who forges or counterfeits, or
causes or procures to be forged or counterfeited, or knowing-
ly acts or assists in the forging or counterfeiting any stamp
or mark used for the stamping or marking of any meter
under this Act, shall incur a penalty not exceeding two hun-
dred dollars and not less than fifty dollars; and every person
who knowingly sells, utters or disposes of, lets, lends or
exposes to sale, any meter with Such forged stamp or mark
thereon, shall, for every such offence, incur a penalty not
exceeding two hundred dollars and not less than twenty
dollars; and all meters having on them such forged or coun-
terfeited stamps or marks, shall be forfeited and destroyed.
36 W., c. 48, s. 39. *
42. Every person who knowingly repairs or alters, or
causes to be repaired or altered, or knowingly tampers with
or does any other act in relation to any stamped meter, so as
to cause such meter to register unjustly,–or who prevents or
refuses lawful access to any meter in his possession or con-
trol,-or interferes with or obstructs the supply of water
necessary for the proper action of the meter, or obstructs or
hinders any examination or testing authorized by this Act,
shall incur a penalty not exceeding one hundred dollars and
not less than fifty dollars, and shall pay the fees for removing
and testing, and the expense of purchasing and fixing a new
meter: Provided, that the payment of any such penalty as
aforesaid shall not exempt the person paying it from liability
to indictment or other proceeding to which he would other-
wise be liable, or deprive any person of the right to recover
damages against such person for any loss or injury sustained
by such act or default. 36 W., c. 48, s. 40;-47 W., c. 35, s. 3.
43. Every person who fixes for use, or causes to be fixed
for use, any meter, before it has been verified and stamped
as herein required, shall incur a penalty of twenty-five dol-
lars for every such unverified or unstamped meter. 36 W.,
c. 48, S. 41.
44. Every inspector who stamps any meter without duly
testing and finding the same correct, or who refuses or
neglects, for three days after being required under the pro-
visions of this Act, without lawful excuse, to test any meter,
or gas, or to stamp any meter found correct on being so
tested,—or who neglects to perform any duty imposed upon
him by this Act, or by any regulations made under author-
ity thereof, shall incur a penalty not exceeding fifty dollars
and not less than ten dollars, and shall be liable to dismissal
from office. 36 W., c. 48, s. 42;-47 W., c. 35, s. 4.
45. Every person who forges or counterfeits, or causes or
procures to be forged or counterfeited, any certificate pur-
porting to be granted under this Act, or any stamp which,
1340
1886. The Gas Inspection Act. Chap. 101. 11
under this Act, is to be affixed to any such certificate, or
wilfully uses any such counterfeited certificate or stamp
knowing it to be forged or counterfeited, is guilty of forgery
and shall be punishable accordingly ; and every one who
steals any such stamp is guilty of larceny. 36 W., c. 48, S. 43.
46. Every undertaker furnishing gas for illuminating pur-Penalty for
poses which exhibits traces of sulphuretted hydrogen, when º gaS
tested in accordance with the rules provided in that behalf traces of sul-
in the schedule to this Act, shall incur a penalty as follows: §:
for the first offence, if such undertaker has more than four For fit
thousand purchasers, thirty dollars; if less than four thou- offence.
sand and more than one thousand, twenty dollars; if less For any
than one thousand, ten dollars; and for every subsequent sºlent
offence, double the above named penalties;–unless such CIl C6.
undertaker shows, to the satisfaction of the Minister of Inland Proviso.
Revenue, that the occurrence was attributable solely to
accident which could not, by reasonable care and foresight,
have been avoided. 47 W., c. 35, s. 7.
47. All penalties imposed by this Act, or by any regula- Recovery of
tion made under the authority thereof, shall be recoverable Pºº"
in a summary manner, with costs, before any justice of the
peace for the district, county or place in which the offence
was committed, if the penalty does not exceed twenty dol-
lars, and before any two justices of the peace if the penalty
exceeds twenty dollars, upon proof by confession, or by the
oath of one credible witness, and may, if not forthwith paid,
be levied by distress and sale of the goods and chattels of
the offender, by warrant under the hand and seal of the
justice, by whom also any imprisonment to which the offen-
der is liable may be awarded :
2. Every such prosecution shall be instituted by the inspec. Form of suits
tor, as acting in pursuance of this Act, who shall account * *
for the amount of the penalty to the Minister of Inland
Revenue. 36 W., c. 48, S. 44;-47 W., c. 35, s. 5.
48. All false meters seized as forfeited under this Act, .*
shall be delivered to the inspector, in whose custody they tº lead
shall remain, subject to the order of the Minister of Inland
Revenue. 36 W., c. 48, s. 45.
49. No action or prosecution shall be brought against any Limitation of
person for any fine or penalty under this Act, unless the suits.
same is commenced within six months after the offence is
committed. 36 W., c. 48, s. 46 ;—47 W., c. 35, s. 6.
REGULATIONS.
50. The Governor in Council may, from time to time, make governor in
such regulations, not inconsistent with this Act, as are §.".
necessary for giving effect to its provisions, and for declaring in cases of
its true intent and meaning in all cases of doubt. 38 W., c. 37, *
s. 2, part.
1341
Chap. 101. The Gas Inspection Act. 49 WICT.
SCHEDULE.
s APPARATUS FOR TESTING GAS.
The apparatus for testing the illuminating power of gas
shall consist of the improved form of Bunsen's photometer,
known as Letheby's open sixty-inch photometer, or Evan's
inclosed one hundred inch photometer, together with a
proper meter, minute clock, governor, pressure gauge, and
balance.
The burners to be used for testing the gas shall be such
as shall be prescribed by regulation.
The candles used for testing the gas shall be sperm candles
of six to the pound, and two candles shall be used together.
The apparatus for testing the presence in the gas of sul-
phuretted hydrogen, sulphur and ammonia, shall consist
of—
A glass vessel containing a strip of bibulous paper moist-
ened with a solution of acetate of lead, containing sixty
grains of crystallized acetate of lead dissolved in one fluid
ounce of water.
Such other apparatus for testing the presence and quan-
tity of sulphur or ammonia as is directed by departmental
regulations. -
MODE OF TESTING FOR. IILUMINATING POWER.
The gas in the photometer is to be lighted at least ten
minutes before the testing begins, and it is to be kept con-
tinuously burning from the beginning to the end of the tests.
Each testing shall include ten observations of the photo-
meter, made at intervals of a minute.
The consumption of the gas is to be adjusted as nearly
as may be to five cubic feet per hour.
The candles are to be lighted at least ten minutes before
beginning each testing, so as to arrive at their normal rate
of burning, which is shown when the wick is slightly bent,
and the tip glowing. The standard rate of consumption
for the candles shall be one hundred and twenty grains of
sperm each per hour, and all candles shall be rejected as
unsuitable when their rate of burning exceeds that quan-
tity by more than ten per cent., or when it falls short of it
by more than five per cent. During each set of ten obser-
Vations of the photometer, the gas examiner shall weigh
the candles, and if the combustion shall have been more or
less per candle than the proper weight as aforesaid per hour,
he shall make and record the calculation requisite to neu-
tralize the effects of the difference.
The average of each set of ten observations is to be taken
as representing the illuminating power ascertained by that
testing.
- 1342
1886. The Gas Inspection Act. Chap. 101.
13
MODE OF TESTING FOR PURITY.
For sulphuretted hydrogen, the gas shall be passed through
the glass vessel containing the slip of bibulous paper mois-
tened with the solution of acetate of lead for a period of three
minutes, or such longer period as is prescribed by regula-
tion, and if any discoloration of the test paper is found to
have taken place, this is to be held conclusive as to the
presence of sulphuretted hydrogen in the gas.
For sulphur or ammonia, such process shall be used as
is directed by departmental regulations. 38 W., c. 37, sch. A.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1343
CHAPTER 102.
An Act respecting the Inspection of Petroleum.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
SHORT TITLE.
1. This Act may be cited as “The Petroleum Inspection Act.”
43 W., c. 21, s. 30.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,-
(a.) The expression “package" means and includes any
tank, cask, can, jar, bottle or other vessel into which any fluid
referred to in this Act is put for the purpose of being stored,
or of being removed from one place to another, or for delivery
to any purchaser or consumer ;
(b.) The expression “specific gravity” means the weight
of any fluid as compared with the weight of distilled water,
both being at the temperature of sixty-two degrees by
Fahrenheit's thermometer, the barometer standing at thirty
inches; and in this Act specific gravity is expressed by stat-
ing in pounds and hundredths of a pound the weight of a
gallon of the fluid compared or to be compared ;
(c.) The expression “petroleum ” means and includes all
the refined products, by distillation, of rock or mineral oil,
coal, coal tar, or of any other mineral substance, and having a
specific gravity of not less than seven pounds and seventy-
five hundredths of a pound per gallon ;
(d.) The expression “naphtha " means and includes all the
refined products, by distillation, of rock or mineral oil, coal,
coal tar, or any other mineral substance having a specific
gravity of less than seven pounds and seventy-five hun-
dredths of a pound per gallon ;
(e.) The expression “flash-test" or “flash " means the
momentary ignition or flash caused by applying a light or
spark to the vapour arising from any fluid herein referred
to, under conditions established by regulations made under
this Act ;
A.D. 1886.
Short title.
Interpreta-
tion.
“Package.”
“Specific”
“gravity.”
“Petroleum.”
“Naphtha.'
“Flash-test ''
or “flash.”
(f) The expression “fire-test” or “burning” means the Fºº"
or ‘‘ burn-
ignition and continuous burning of any fluid herein referred it in.

1345
Chap. 102. The Petroleum Inspection Act. 49 WICT,
“Inspector”
or “inspect-
“ing officer.”
“Department-
“ al regula-
{{ tion.S.”
Tests of petro-
leum intended
for sale.
Flash tests.
Gravity test.
The same,
High test pe-
troleum may
be sold.
On what
conditions.
Packages to
be branded.
Sale of
naphtha.
For illumin-
ating.
to, on the application of a light or spark, under conditions
established by regulations made under this Act ;
(g.) The expression “inspector” or “inspecting officer”
means any officer of Inland Revenue or of Customs, and any
person appointed by the Governor in Council as inspector of
such articles, who is directed by Ministers of the respec-
tive departments to inspect petroleum or naphtha , 43 W.,
c. 21, S. 1.
(h.) The expression “departmental regulations" means
and includes all regulations and rules promulgated by the
Minister of Inland Revenue, or the Minister of Customs, and
duly authenticated by the Minister of Inland Revenue, or
the Minister of Customs, as the case requires.
IPROVISIONS AS TO SALE.
3. Except as herein otherwise provided, petroleum shall
not be sold or offered for sale for use in Canada, for illumin-
ating purposes, L
(a.) If, at a lower temperature than ninety-five degrees by
Fahrenheit's thermometer, when tested by the pyrometer
described in the schedule to this Act, it emits a vapor that
will flash ; or—
(b.) If it weighs more than eight pounds and five hun-
dredths of a pound per gallon ; or—
(c.) If it weighs less than seven pounds and seventy-five
hundredths of a pound per gallon. 44 W., c. 23, s. 1.
4. Petroleum designated and known as “high test pet-
roleum,” may be sold for use in Canada, for illuminating
purposes, when it weighs not more than eight pounds and
thirty-two hundredths of a pound, and not less than eight
pounds and twenty-three hundredths of a pound per gallon,
if it will stand a fire test of two hundred and seventy-five
degrees by Fahrenheit's thermometer, or if when heated
in an open cup to a temperature of two hundred and fifty
degrees by Fahrenheit's thermometer, it does not emit a
vapor that will flash:
2. Packages containing high test petroleum, shall be
branded as such and shall have marked on them the actual
weight per gallon and the flash test or the fire test of the
petroleum contained therein. 45 W., c. 26, s. 1.
5. Naphtha shall only be sold or offered for sale in Can-
ada
(1.) For use for illuminating purposes—
(a.) In street lamps in which only the vapor is burned ;
(b.) In dwellings, factories, and other places of business,
when vaporized in secure underground tanks outside the
building in which the vapor so generated is used for light-
ling ; -
1346
1886. The Petroleum Inspection Act. Chap. 102. 3.
(2.) For use for mechanical or chemical purposes in build- For other
ings not inhabited as residences for family purposes. 43 W., *
c. 21, S. 4. $x.
6- Every person who puts any petroleum or naphtha into Marks on
any package shall cause the following marks to be correctly, packages.
and in conspicuously legible characters, placed on one end
or side of every such package of Canadian petroleum :—
(a.) The flash-test of the petroleum contained therein ; Flash.
(b.) The weight per gallon in pounds and decimal parts weight per
of a pound ; gallon.
(c.) The gross weight in pounds; Gross weight.
(d) The tare or the weight of the empty package in Tare.
pounds;
(e.) The net weight of oil in pounds; Net weight.
(f) The number of gallons contained in the package; Gallons.
(g.) The date when the package was filled ; Date.
(h.) The name of the refiner, manufacturer or other person, Nºne of
or the name of his authorized agent, by whom the petroleum ”
was put into the package so marked. 43 W., c. 21, s. 5;-
44 W., c. 23, s. 3. -
INSPECTION.
7. The quantity and quality of imported petroleum or Inspection,
naphtha in each package shall be ascertained by weighing ...
and testing by the inspector, and the allowance for the taré “ .
of the package shall be in accordance with departmental
regulations in that behalf:
2. The inspecting officer at the port of entry shall cause Duty of in-
the following marks to be correctly placed upon the end or º:
side of each package of imported petroleum in the presence ing packages.
of the importer or owner thereof, or of his authorized agent, -
who shall provide all necessary appliances for weighing
the packages and their contents, and all labor necessary for
moving, piling or handling such packages, and who shall
also cause one end of each cask or one side of each package
of any other description to be properly cleaned or otherwise
prepared for receiving the marks herein required to be placed
on such packages, that is to say :—
(a.) The flash test ; - Flash.
(b.) The weight per gallon in pounds and decimal parts of Weight
3, pound; per gallon.
(c.) The gross weight of the package and its contents; Gross weight.
(d.) The number of gallons computed to be in each pack- Gallons.
age ;
"(e) The word “inspected,” with the date of inspection ; Date.
(f) The name of the inspector, with the name of his port Name.
or district. 44 W., c. 23, S. 4.
8. Naphtha shall not be inspected for flash test, but only Rules for in-
as to its gravity and quantity, but the marks on the packages º; and
in which it is contained shall be the same as on packages naphthā.


7% 1347
4 Chap. 102. The Petroleum Inspection Act. 49 WICT.
containing petroleum, except that the word “naphtha" shall
be substituted for the flash test; and the importer shall pro-
vide all necessary means for enabling the inspecting officer
to inspect such naphtha in the same way as is herein required
with reference to imported petroleum. 44 W., c. 23, s. 5.
No other 9. No other mark or brand shall be placed upon the end
Imark. or side of any package of Canadian or imported petroleum.
e upon which any marks or brands have been placed in com-
pliance with the provisions of this Act. 43 W., c. 21, s. 8.
Removal of 10. Petroleum may be removed in bulk without inspec-
... tion from one refinery to another refinery, or other place, for
spection. the purpose of completing the process of manufacture or
placing it in packages under a permit in that behalf, obtained.
from the proper officer, and subject to such departmental
regulations as are made respecting such removals. 43 W.,
c. 21, s. 9.
Inspection by 11. The inspection of petroleum and naphtha under this.
officers. Act shall be performed by officers of the Inland Revenue
- and of the Customs, duly authorized thereto under regula-
By others, tions of the respective departments, or by such other persons.
as are appointed for that purpose by the Governor in Coun-
cil : - -
Instruments. 2. Such instruments shall be used and process adopted in
making the inspection as are directed by regulations made
by the Minister of Inland Revenue. 43 W., c. 21, s. 10.
Packages of 12- Packages containing petroleum or naphtha which is
#. to be exported out of Canada direct from the refinery in
e.t." which it is made and packed, shall only be marked and
inspected as herein prescribed, at the option of the owner
Forfeiture if thereof; but if any petroleum or naphtha for which exemp-
tºi. tion from inspection is claimed under this section, is there-
- after sold or offered for sale for consumption in Canada, or
removed from the refinery otherwise than for exportation,
it shall thereupon become liable to seizure and confiscation.
43 W., c. 21, s. 12.
Forfeiture for 13. All petroleum and naphtha liable to inspection, sold
tºº or offered for sale for use in Canada without having been
inspected immediately after being manufactured or importeu
into Canada, shall be subject to seizure by any officer of
Customs or Inland Revenue, and shall be dealt with under,
regulations made by the Governor in Council, 43 W., c. 2 º'
s. 13.
ºily 14. Every refiner, manufacturer or importer of petroleum
or quality g - * * * *** *** ºrt D. º * I- º
andºuantity. 9* naphtha, and every per son who deals in or keeps or offers
any petroleum or naphtha for sale, shall be responsible, as
to its quality and as to the quantity contained in each




1348
1886. The Petroleum Inspection Act. Chap. 102. , 5
package, that the same shall not be inferior to the quality
nor less than the quantity designated by the marks and
descriptions then on the packages in which it is contained,
all of which marks and descriptions the person in whose
possession it is shall maintain in a perfectly legible state.
43 W., c. 21, s. 14.
15. All petroleum and naphtha made in Canada, except Inspection
such as is to be exported under the provisions of this Act, tººk
shall, after it has been put into packages, marked as herein packages.
required, and before it leaves the premises of the refiner or
manufacturer, be inspected by a duly authorized inspector : -
2. All petroleum and naphtha imported into Canada shall .#.
be in packages containing not more than fifty gallons each, º
and shall be inspected and the packages marked, as herein petroleum or
required, at the port where it enters Canada, and before *P*
such petroleum or naphtha is entered for consumption ; and
any petroleum so imported which does not conform to the If rejected.
requirements of this Act shall be branded with the word
“rejected,” and shall, within ten days after the inspection,
be exported from Canada, and if not so exported within the
prescribed time, it and the packages in which it is contained
shall be seized and forfeited to Her Majesty, and shall be
disposed of under regulations made by the Governor in
Council. 43 W., c. 21, s. 15.
16. Whenever any petroleum or naphtha contained in not what shall be
more than ten packages is inspected, it shall be sufficient if ...
a e º pection of a
the inspector draws samples for inspection from not less than number of
two of such packages, and the examination of the samples Packages.
so taken shall be considered as applicable to the whole :
2. When there are more than ten packages and less than of certain
thirty, samples shall be drawn from at least three packages: numbers of
for any larger number samples shall be drawn from at least “
One package in every ten : the samples so taken shall repre-
sent the whole, but the inspector shall, in every case, make
his own selection of the packages from which he is to take
such samples: -
3. The inspector shall mark or stamp in such manner as Marking
is directed by departmental regulations, all packages con-Packages.
faining petroleum or naphtha inspected by him as herein
directed; and the contents of such packages, so long as A5 to fees for
"they are declared by the owner thereof to contain the same º
petroleum or naphtha as was first inspected, as herein re-
guired, shall not be subject to the payment of inspection
Šes for any subsequent inspection, unless it is ascertained,
by such subsequent inspection, that the article found therein
is inferior in quality or quantity to the article designated
by the descriptive marks found on the packages at the time
of any second or subsequent inspection. 43 W., c. 21, s. 16;
—44 W., c. 23, s. 7, part.
73% 1349
6
Chap. 102. The Petroleum Inspection Act. 49 WICT.
Powers of
inspectors to
senter refine-
ries, &c.
What instru-
ment shall be
used.
fa case of dis-
pute as to any
test.
Sample to
be sent to
department.
Final test.
Fees for
inspection.
17. Any duly authorized inspector may, at any time dur-
ing ordinary business hours, enter the refinery, shop or
warehouse of any person who refines or keeps petroleum
or naphtha for sale, and may take from any package of
petroleum or naphtha found therein such quantity of the
contents as is necessary for testing the quality thereof; and
he may take similar samples from any package of petroleum
or naphtha found in the possession of any hawker or pedler
on the public streets or highways, or offered for sale by any
person. 43 W., c. 21, s. 17.
18. All tests of petroleum and naphtha shall be taken by
means of instruments that have been compared with and
which are certified as agreeing with the standard instru-
ments kept in the Department of Inland Revenue at Ottawa,
or in some other principal testing office established under
departmental regulations, where similar standard instru-
ments are kept for that purpose. 43 W., c. 21, s. 18.
19. Whenever any dispute arises as to the correctness of
any test of the quality of petroleum made under this Act, a
sample of the petroleum in dispute shall be drawn by the
inspecting officer and sealed in the presence of the owner,
or other person in whose possession the said petroleum then
is, which sample shall be forwarded to the Department of
Inland Revenue at Ottawa, or to some other principal testing
office established by departmental regulations, where the
sample shall be tested ; and the test so made and certified
by the officer making it shall be final and conclusive as to
the quality of the petroleum in dispute, 43 W., c. 21, s. 19.
FEES.
20. The following fees shall be levied and collected for
the inspection of petroleum and naphtha ; and such fees
shall be paid to the inspector or the collector of Customs,
or the collector of Inland Revenue, as the case may be, at
the time the inspection is made, and shall form part of the
Consolidated Revenue Fund of Canada —
For every package of Canadian petroleum or
naphtha containing more than ten, but not more
than fifty gallons......................................... 10 cents.
For every package of Canadian petroleum or naph-
tha containing more than five and not more
than ten gallons .......................................... 5 cents.
For every package of Canadian petroleum or naph-
tha containing not more than five gallons......... 2} cents.
For every package of imported petroleum or naph-
tha containing more than ten, but not more
than fifty gallons ........................................ 30 cents.
For every package of imported petroleum or naph-
tha containing more than five and not more than
ten gallons..................................... tº e º ſº tº e º ſº tº º º tº 10 cents.
1886. The Petroleum Inspection Act.' Chap. 102. T
For every package of imported petroleum or naph- .
tha containing not more than five gallons........ 5 cents.
43 W., c. 21, s. 20;-44 W., c. 23, s. 7, part.
21. All fees payable under this Act shall be payable be...,
fore any certificate or bill of inspection is delivered, and if *
not so paid shall be recoverable, with costs, before any jus-
tice of the peace. 43 W., c. 21, s. 21.
PENALTIES.
22. Every person who keeps or offers for sale for use in Penalty for
Canada any petroleum or naphtha which is not in packages ; *
marked as herein required, is guilty of an offence against this naphtha in
Act, and for a first offence shall incur a penalty of twenty º:
dollars for every package in his possession not so marked, e
and for each subsequent offence a penalty of forty dollars
for every package in his possession not so marked; and the
petroleum or naphtha so unlawfully kept or offered for sale
shall be seized by any revenue officer or inspector having a
knowledge thereof, and forfeited to Her Majesty. 43 W., c. 21,
s. 22 ;—44 W., c. 23, s. 7, part.
23. Every person who,
(a) Keeps or offers for sale for use in Canada any petroleum or not in con-
or naphtha which is not in conformity with this Act, or that ...,
is inferior in quality to the quality represented by the marks the packages.
on the package in which it is contained, or—
(b.) Puts or causes to be put into any package marked as Qr wrongly
herein required, any petroleum or naphtha which is not ...";ages
of the description or quality represented by the said marks, marked.
OI’—
(e) Keeps or offers for sale or sells any whole package Or if the
of petroleum or naphtha in which there is a less quantity ºn-
than is represented by the marks on the package in which contained.
it is contained,—
Is guilty of an offence against this Act, and for a first Offence;
offence shall incur a penalty of two dollars for every pack-É." for
age found in his possession in which such inferior petroleum
or naphtha or such short quantity is discovered; and for And for subse-
each subsequent offence shall incur a penalty of four dollars ”
for every package found in his possession in which such -
inferior petroleum or naphtha or such short quantity is dis-
covered; but the pecuniary penalty incurred under this sec- Limitation-
tion shall not, for a first offence, exceed fifty dollars, or for a
subsequent offence, one hundred dollars. 43 W., c. 21, s. 23;
—44 W., c. 23, s. 7, part.
24. The petroleum, in respect of which any such penalty Seizure of
is imposed, for the reason that it will not stand the flash rº not
test hereby required, and the packages in which it is con: flash test.
tained, shall be forfeited to Her Majesty, and shall be seized
by any revenue officer or inspector having a knowledge
1851
Chap. 102. The Petroleum Inspection Act. 49 Vict,
Penalties for
offences
against this
Act.
Other
offences.
Altering
marks.
Counterfeit-
ing marks.
º g
packages
inspected, &c.
thereof, and disposed of under any general regulations made
by the Governor in Council. 43 W., c. 21, s. 24.
25. Every person who keeps or store; any petroleum or
naphtha, in respect of which the provisions of this Act or
the provisions of any order or regulation of the Governor
in Council or of any departmental regulations made under
this Act, have not been complied with, is guilty of an offence
against this Act, and for every such first offence shall incur
a penalty of twenty-five dollars, and for each subsequent
offence, a penalty of fifty dollars; and petroleum or naphtha
unlawfully imported, stored or kept shall be forfeited to Her
Majesty, and seized by any revenue officer or inspector having
a knowledge thereof 44 W., c. 23, s. 6, part.
26. Every person who, with a fraudulent intention,-
(a) Alters, effaces, or obliterates, wholly or partially, or
causes to be altered, effaced or obliterated, any inspector's
brands or marks on any petroleum or naphtha which has
undergone inspection, or on any package which contains
any petroleum or naphtha, or—
(b.) Counterfeits any such brand or mark, impressed or
otherwise marked thereon or any mark purporting to be the
mark of any inspector, either with the proper marking in-
struments of such inspector or with counterfeit imitations
thereof, or—
(c.) Empties or partially empties any such package so
marked, after inspection, in order to put into the same any
other article not contained therein at the time of such in-
spection, or uses for the purpose of packing any petroleum or
Improperly
using inspec-
tor's brands.
Hiring or
lending such
brands.
Inspector
hiring or
lending them.
Giving false
certificate.
Penalty.
Marks on
casks emptied
to be obliter-
ated.
naphtha any old package bearing inspection marks, or—
(d) Not being an inspector of petroleum or naphtha, brands
or marks any package containing it, with the inspector's
marks, or gives any certificate purporting to be a certificate
of inspection of any petroleum or naphtha, or—
(e) Being in the employ of any inspector, hires or lends
the marks or marking instruments of his employer to any
person whatever, or connives at or is privy to any fraudu-
lent evasion of this Act with respect to any such marks as
aforesaid, or— t
(f) Being an inspector, hires out or lends his marking
instruments to any person, or— - ...
(g.) Being an inspector, gives any certificate of inspection,
without having personally performed the inspection, or gives
any wilfully false or untrue certificate, or connives at or is
privy to any fraudulent evasion of this Act,
Shall, for each such offence, incur a penalty of one hundred
dollars. 43 W., c. 21, s. 25 ;-44 W., c. 23, s. 7, part.
27. So soon as any package of petroleum or naphtha has
been emptied, all marks or brands placed on it in pursuance
of the requirements of this Act shall be obliterated; and
1352
I886. The Petroleum Inspection Act. Chap. 102. 9.
every such package from which such marks or brands have
not been obliterated, as herein required, shall be seized and
forfeited to the Crown; and the person in whose possession Penalty,
the same is found, is guilty of an offence against this Act, ºntrºven.
and on conviction shall pay a penalty not exceeding ten “
dollars and not less than one dollar, for each and every such
package. 44 W., c. 23, s. 8.
28. Every person not thereunto duly authorized under Assumin
this Act, who, in any manner, assumes the title or office of *:::::
inspector, or issues any bill, certificate or declaration pur-
porting to establish the quality or quantity of any petroleum
or naphtha shall, for every such offence, incur a penalty not
exceeding one hundred dollars. 43 W., c. 21, s. 26;-44 W.,
c. 23, s. 7, part.
29. Every penalty and forfeiture imposed by this Act, Recovery of
or by any régulation made under it, shall be recoverable ...
and enforceable by any complainant or informant suing for ment of
the same in a summary way, before a police or stipendi- forfeitures.
ary magistrate or two justices of the peace ; and every such
penalty shall, in default of payment, be levied by warrant of
distress, to be issued by such magistrate or justices against
the goods and chattels of the offender ; and a moiety of
every such penalty, when recovered, shall belong to the
complainant or informant, and the other moiety to Her Ma-
jesty for the public uses of Canada; and if the penalty, Imprisonment
together with any costs awarded, is not paid within thirty ; paid Or
days, or is not recovered by seizure as hereinbefore provided,
such offender shall be liable to imprisonment for a term not
exceeding six months, and not less than two months : -
2. Every such complaint or information shall be heard and . *:-
determined by the police or stipendiary magistrate or two ; shall be
justices of the peace before whom it is preferred, and no heard and de-
other justice of the peace shall take part in such hearing
termined.
and determination. 43 W., c. 21, s. 27.
80. No action or suit against any person for anything ºn ºf
done under this Act or contrary to its provisions, shall be things done
commenced except within six months next after the matter * this
or thing is done or omitted to be done; and the defendant “
therein may plead the general issue, and that the matter or
thing was done under this Act, and may give this Act and
the special matter in evidence at any trial therein; and if it
appears so to have been done, then the judgment shall be for
the defendant; and if the plaintiff is nonsuited or discon- Costs if ..
tinues his action after the defendant has appeared, or if judg-P” *
ment is given against the plaintiff, the defendant shall recover
his costs and have the like remedy for the same as defend-
ants have in other cases. 43 W., c. 21, s. 28.
s 1353
10 Chap. 102 The Petroleum Inspection Act. 49 WICT.
§
REGULATIONS.
Regulations 31. The Governor in Council may, from time to time,
respectin *> º g * º h * d &
.# make such regulations respecting the storage and possession
petroleum or of petroleum and naphtha as he deems necessary for the
** public safety, and may make special regulations as to the
importation or possession of naphtha ; and no person shall
have in his possession any such article without having first
obtained a permit to that effect from the Minister of Inland
Revenue, under such restrictions and regulations as are made,
from time to time, by the Governor in Council, for the storage
and possession of such articles; and such permit shall be
produced to the proper officer of the customs before the
importation of any such articles above mentioned is per-
mitted. 44 W., c. 23, s. 6, part.
SCHEDULE.
MODE OF TESTING PETROLEUM SO AS TO ASCERTAIN THE.
TEMPERATURE AT WHICH IT WILL GIVE OFF
INFLAMMABLE WAPOR.
Specification of the Test Apparatus or Pyrometer.
The following is a description of the details of the appar-
atus:—
The oil cup consists of a cylindrical vessel two inches in
diameter, two inches and two-tenths in height (internal), with
outward projecting rim five-tenths of an inch wide, three-
eighths of an inch from the top, and one and seven-eighths of
an inch from the bottom of the cup. It is made of gun-
metal or brass (17 B.W.G.) tinned inside. A bracket consist-
ing of a short stout piece of wire bent upwards and termi-
nating in a point, is fixed to the inside of the cup to serve
as a gauge. The distance of the point from the bottom of the
Gup is one and one-half inch. The cup is provided with a
close-fitting overlapping cover made of brass (22 B.W.G.),
which carries the thermometer and test lamp. The latter is
suspended from two supports from the side by means of
trunnions upon which it may be made to oscillate ; it is pro-
vided with a spout, the mouth of which is one-sixteenth of
an inch in diameter. The socket which is to hold the ther-
mometer is fixed at such an angle and its length is so ad-
justed that the bulb of the thermometer when inserted to its
full depth shall be one and one-half inch below the centre of
the lid.
The cover is provided with three square holes, one in the
centre, five-tenths by four tenths of an inch, and two smaller
ones, three-tenths by two-tenths of an inch, close to the sides
and opposite each other. These three holes may be closed
and uncovered by means of a slide moving in grooves, and
having perforations corresponding to those on the lid.
1354
1886. The Petroleum Inspection Act. Chap. 102.
11:
In moving the slide so as to uncover the holes, the oscil-
lating lamp is caught by a pin fixed in the slide, and tilted
in such a way as to bring the end of the spout just below
the surface of the lid. Upon the slide being pushed back so
as to cover the holes, the lamp returns to its original posi-
tion.
Upon the cover, in front of and in line with the mouth of
the lamp, is fixed a white bead, the dimensions of which
represent the size of the test flame to be used.
The bath or heated vessel consists of two flat-bottomed
copper cylinders (24 B.W.G.), an inner one of three inches in
diameter and two and one-half inches in height, and an outer
one of five and one-half inches in diameter and five and
three-quarter inches in height; they are soldered to a cir-
cular copper plate (20 B.W.G.), perforated in the centre, which
forms the top of the bath, in such a manner as to inclose the
space between the two cylinders, but leaving access to the
inner cylinder. The top of the bath projects both outwards
and inwards about three-eighths of an inch ; that is, its diam-
eter is about three-fourths of an inch greater than that of the
body of the bath, while the diameter of the circular opening
in the centre is about the same amount less than that of the
inner cylinder. To the inner projection of the top is fastened,
by six small screws, a flat ring of ebonite, the screws being
sunk below the surface of the ebonite, to avoid metallic con-
tact between the bath and the oil cup. The exact distance
between the sides and bottom of the inner cylinder and of the
oil cup is one-half of an inch. A split socket similar to that
on the cover of the oil cup, but set at a right angle, allows a
thermometer to be inserted in the space between the two
cylinders. The bath is further provided with a funnel, an
overflow pipe and two loop handles.
The bath rests upon a tripod stand, to the ring of which
is attached a copper cylinder or jacket (24 B.W.G.), flanged
at the top, and of such dimensions that the bath, while firmly
resting on the ring, just touches with its projecting top the
inward-turned flange. The diameter of this outer jacket is
six and one-half inches. One of the three legs of the stand
serves as support for the spirit lamp attached to it by means
of a small swing bracket. The distance of the wick holder
from the bottom of the bath is one inch.
Two thermometers are provided with the apparatus, the
one for ascertaining the temperature of the bath, the other
for determining the flashing point. The thermometer for
ascertaining the temperature of the water has a long bulb
and a space at the top. The scale (in degrees of Fahrenheit)
is marked on the tube. It is fitted with a metal collar,
fitting the socket, and the part of the tube below the collar
should have a length of about three and one-half inches,
measured from the collar to the end of the bulb. The ther-
mometer for ascertaining the temperature of the oil is fitted
with collar and the scale is cut on the tube in a similar
1355
12
Chap. 102. The Petroleum Inspection' Act. 49 WICT.
manner to the one described. It measures from end of the
collar to end of bulb two and one-quarter inches. -
NoTE.—A model apparatus is deposited at the Weights'
and Measures Branch of the Inland Revenue Department.
Directions for Applying the Flashing Test.
1. The test apparatus is to be placed for use in a position
where it is not exposed to currents of air or draughts.
2. The heating vessel or water bath is filled by pouring
water into the funnel until it begins to flow out at the spout
of the vessel. The temperature of the water at the com-
mencement of the test is to be one hundred and forty degrees
Fahrenheit, and this is attained in the first instance either
by mixing hot and cold water in the bath, or in a vessel from
which the bath is filled, until the thermometer which is
provided for testing the temperature of the water gives the
proper indication ; or by heating the water with the spirit
lamp (which is attached to the stand of the apparatus) until
the required temperature is indicated.
If the water has been heated too highly, it is easily reduced
to one hundred and forty degrees by pouring in cold water
little by little (to replace a portion of the warm water) until
the thermometer gives the proper reading.
When a test has been completed, this water bath is again
raised to one hundred and forty degrees by placing the lamp
underneath, and the result is readily obtained while the petro-
leum cup is being emptied, cooled and refilled with a fresh
sample to be tested. The lamp is then turned on its swivel
from under the apparatus, and the next test is proceeded
with.
3. The test lamp is prepared for use by fitting it with a
piece of flat plaited candle wick, and filling it with colza or
rape or fine sperm oil up to the lower edge of the opening
of the spout or wick tube. The lamp is trimmed so that
when lighted it gives a flame of about fifteen hundredths of
an inch in diameter, and this size of flame, which is repre-
sented by the projecting white bead on the cover of the oil
Cup, is readily maintained by simple manipulation, from time
to time, with a small wire trimmer. -
When gas is available it may be conveniently used in
place of the little oil lamp, and for this purpose a test-flame
arrangement for use with gas may be substituted.
4. The bath having been raised to the proper temperature,
the oil to be tested is introduced into the petroleum cup,
being poured in slowly until the level of the liquid just
reaches the point of the gauge which is fixed in the cup.
In warm weather the temperature of the room in which the
samples to be tested have been kept should be observed in
the first instance, and if it exceeds sixty-five degrees the
samples to be tested should be cooled down (to about sixty-
five degrees) by immersing the bottles containing them in
1356
1886. The Petroleum Inspection Act. Chap. 102.
13
cold water, or by any other convenient method, or if the
sample is much below that temperature, it should be raised
so as not to be less than sixty degrees when placed in the
test cup. The lid of the cup, with the slide closed, is then
put on, and the Cup is placed in the bath or heating vessel.
The thermometer in the lid of the cup has been adjusted so
as to have its bulb justimmersed in the liquid, and its position
is not, under any circumstances, to be altered. When the
cup has been placed in the proper position, the scale of the
thermometer faces the operator.
5. The test lamp is then placed in position upon the lid of
the cup, a pendulum beating seconds or a lead or plumb-line
measuring thirty-nine inches from its point of suspension to
the centre of the plumb weight, fixed in a convenient position
in front of the operator, is set in motion, and the rise of the
thermometer in the petroleum cup is watched. When the
temperature has reached about ninety degrees the operation
of testing is to be commenced, the test-flame being applied
Once for every rise of one degree, in the following manner:—
The slide is slowly drawn open while the pendulum per-
forms three oscillations, and is closed during the fourth
oscillation. 44 W., c. 23, sch.
OTTAWA : Printed by BRown CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1357
An Act respecting the Culling and Measuring of Lumber AD is, -
- in the Provinces of Ontario and Quebec.
EIPR Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This Act may be cited as “The Cullers' Act.” 38 W., Short title.
C. 34, s. 14, part. -
INTERPRETATION.
2. In this Act, unless the context otherwise requires:– Interpreta-
(a) The expression “timber” or “lumber” includes all ºper, or
articles subject to inspection, culling or counting under “iumber.”
this Act;
(b.) The expression “supervisor'
of cullers;
(c.) The expression “deputy' or “deputy Supervisor” “Deputy.”
means deputy supervisor of cullers. 38 W., c. 34, S. 13.
3
means the supervisor “Supervisor.”
APPLICATION OF ACT.
3. The provisions of this Act apply only to the Provinces Application
of Ontario and Quebec, and do not apply to any place below of Act.
the eastern end of the Island of Orleans. C. S. C., c. 46,
s. 46, part. }
SUPERVISOR, DEPUTY SUPERVISORS AND CULLERS.
4. The Governor in Council may appoint a fit person, Supervisor
well skilled and practically acquainted with the lumber may be ap-
trade of the said Provinces, to be the supervisor of cullers, *
who shall supervise and control the culling, measuring and
examination of every description of lumber in the manner
hereinafter prescribed: -
2. The office of collector of slide dues at Quebec and the other duties
office of supervisor of cullers, shall be held by the same at Quebec.
person. C. S. C., c. 46, s. 1;-40 W.; c. 16, s. 1.
5. The supervisor shall himself, with two responsible Supervisor to
sureties, enter into a bond to Her Majesty, in the sum of four give security.
thousand dollars each, for the faithful discharge of his duty;

- 1359
Chap. 103. The Cullers’ Act. 49 WICT.
and such bond shall inure to the benefit of all persons dam-
nified by the misfeasance, malfeasance or nonfeasance of the
supervisor, and any persons so damnified may recover, from
the supervisor and his sureties, upon such bond, the amount
in which they have been so damnified. C. S. C., c. 46, s. 2.
6. The supervisor shall, before entering upon the duties
of his office, take and subscribe, before any of Her Majesty's
justices of the Queen's Bench or Superior Court in the district
of Quebec, an oath in the form following, that is to say:—
“I, A. B., solemnly swear that I will faithfully, truly and
“impartially, to the best of my skill and understanding,
“execute the office and perform the duty of supervisor of
“cullers, according to the true intent and meaning of ‘The
“Cullers' Act; ' that I will not, either directly or indirectly,
“ personally, or by means of any other person or persons on
“my behalf, receive any fee, reward or gratuity whatever,
“by reason of any function of my office as supervisor, except
“such as are allowed to me by the said Act; and that I will
“not, directly or indirectly, be a dealer in or interested in
“the buying or selling of any article of lumber, either on my
“own account Or on account of any other person or persons
“whomsoever; and that I will act without partiality, favor
“Or affection, and to the best of my knowledge. So help me
“God.” C. S. C., c. 46, s. 3.
7. In addition to the supervisor of cullers, there shall be
such number of deputy supervisors of cullers as the Gover-
nor in Council, from time to time, determines. 38 W., c. 34,
s. 2, part.
8. Every deputy supervisor shall himself, with two re-
sponsible sureties, enter into a bond to Her Majesty, in the
sum of two thousand dollars each, for the faithful discharge
of his duty, and such bond shall inure to the benefit of all
persons damnified by the misfeasance, malfeasance or non-
feasance of the deputy supervisor; and any of the persons so
damnified may recover, from the deputy supervisor and his
sureties, upon such bond, the amount in which they have
been so damnified. 38 W., c. 34, s. 2, part.
9. Every deputy supervisor shall, before entering upon
the duties of his office, take and subscribe, before a justice
of the peace, the oath prescribed for the supervisor, in so far
as it is applicable to such deputy. 38 W., c. 34, s. 2, part.
10. In the event of the removal from either of the said
Provinces, or the declared or known insufficiency or the
death of any of the sureties of the supervisor or of any
deputy Supervisor, such supervisor or deputy, as the case
may be, shall immediately procure sufficient sureties, and
enter into a new bond, as required by this Act, and in
default of his so doing his appointment shall become void :
1360
1886. The Cullers' Act. Chap. 103 3.
2. The oaths and bonds hereinbefore mentioned shall be Qaths and
bonds, where
filed in the office of the Registrar General of Canada. C. S. C., i.
c. 46, SS. 4 and 15;-38 W., c. 34, s. 2, part.
11. All appointments in the supervisor's office shall be º
made by the Governor in Council. C. S. C., c. 46, s. 7. º
12. The council of the Quebec board of trade, when re- º
quired by the supervisor so to do, shall elect four merchants, ...
practically acquainted with the lumber trade, and the super-
visor shall, by an instrument under his hand and seal, appoint
four licensed cullers, and the said four merchants and four
Cullers shall constitute a board of examiners, of which board
the supervisor shall ea officio be a member and chairman ;
and as often as vacancies occur in the said board, by death,
change of residence or otherwise, such vacancies shall be
filled by election in the case of the merchants, and by new
appointment in the case of the cullers, forming the said
board. C. S. C., c. 46, s. 8.
13. The board shall meet at the office of the supervisor, or Meetings of
elsewhere, on the first Monday of May and August in each * *
year, or upon any other day, when notified by the supervisor
so to do,-and four members of the board shall constitute a
quorum for the transaction of business, and the decision of Quorum.
a majority of the members present at any such meeting shall ºf to
be held to be the decision of the board. C. S. C., c. 46, s. 9. “
14. Every member of the board, before acting as such, shall Members to be
take an oath, which shall be administered by the supervisor, *
and shall be in the form following, that is to say:—
“I, A. B., solemnly swear that I will, to the best of my Form of oath.
“judgment and understanding, faithfully test the skill and
“qualification of any applicant who comes before me to be
“examined as to his fitness to be licensed as a culler, and
“that I will act according to the true intent and meaning
“of the law, and without partiality, favor or affection. So
“help me God.” C. S. C., c. 46, s. 10.
CULLERS.
15. Every certificate issued by the board of examiners ...º.
appointed under the provisions of this Act, shall state the shall contain.
qualifications of the person to whom such certificate is issued,
and what description of culling he is best qualified to perform.
38 W., c. 34, s. 3.
16. Every culler shall take and subscribe, before a justice º to be
of the peace, an oath in the form following, that is to say:— e
“I, A. B., solemnly swear, that I will faithfully, truly and Form of oath
“impartially, to the best of my knowledge and understand-
1361
Chap. 103. The Cullers’ Act. 49 Viot.
Filing oath.
Issue of
license to
cullers.
Appointment
of cullers.
‘Oualification
of supervisor
and deputy.
Supervisor,
&c., to be
officers of In-
land Revenue
Department.
Duty of
cullers.
Penalty for
non-compli-
3,Ll Ce.
“ing, execute the office and perform the duty of a culler of
“(here insert the description of the lumber of which he is to be
“a culler), according to the true intent and meaning of the
“law concerning the culling and measuring of lumber, and
“that I will give a true account and certificate of the num-
“ber, quality and dimensions or measurement of the lum-
“ber which is submitted to my inspection, according to the
“best of my knowledge; and that I will not, directly or in-
“directly, be a dealer in or interested in the buying or sell-
“ing of any article of lumber, either on my own account or
“on account of any other person or persons whomsoever ;
“and that I will not at any time purloin, or wilfully change
“or omit, any article of lumber submitted to me for the pur-
“pose of being measured, counted or culled. So help me
{ { God : } }
2. Such oath every such culler shall cause to be filed in the
office of the supervisor; and when any applicant to be a
culler has complied with the requirements of this Act, the
supervisor shall report and certify the same to the Governor
in Council, and shall procure for such applicant his license,
without any fee to the supervisor, and subject only to the
payment of such fees of office as are usual and reasonable for
such documents. C. S. C., c. 46, s. 16.
17. The Governor in Council may appoint such number
of qualified cullers duly licensed in the manner provided in
this Act, as are necessary for the proper performance of the
work of culling timber, deals, boards, staves and other articles
in the manner provided in this Act. 38 W., c. 34, s. 6, part.
18. No person shall be appointed as supervisor or deputy
supervisor or as a culler, unless he has obtained a certificate
of qualification in the manner prescribed in this Act. 38 W.,
c. 34, s. 5.
19. The supervisor and deputy supervisors, and all cullers
appointed or holding office under this Act shall be officers
of the Department of Inland Revenue, and shall be subject
to all the provisions of the Acts respecting the collection and
management of the public revenue, and as to security by
public officers, and shall also be subject to such depart-
mental regulations as to hours of service, as are, from time
to time, made. 38 W., c. 34, s. 7.
29. Every culler employed by the supervisor shall obey
his lawful commands, and shall hold himself in readiness,
on all days except Sundays and holidays, to execute the
duties of his office from daylight until dark; and for each
neglect, refusal or delay, when not otherwise employed about
the duties of his office, the culler shall forfeit eighty dollars
to the use of the person injured by such neglect, refusal or
Suspension in delay; and every culler so employed, who is guilty of impro-
Certain cases.
1362
1886. The Cullers' Act. Chap. 103. 5
priety of conduct or disobedience of orders, or who is found
incompetent, may be suspended from office by the supervisor,
subject to an appeal to the board of examiners. 40'W., c. 16,
S. 5.
21. An office shall be opened in some convenient place at Offices to be
the Port of Quebec, which shall be known as the supervisor opened.
of cullers' office, and such other offices shall be opened for
the deputy Supervisors, and at such places as the Governor
in Council determines; and such offices shall be kept open 9th.” hours.
on all days, except Sundays and holidays, from six o'clock
in the foremoon to six o'clock in the afternoon during the
season of navigation, and during ordinary office hours at all
other seasons. 38 W., c. 34, s. 11.
22. The measurement books, and all other public docu- º Of
ments in the office of the supervisor and deputy supervisors, books, &c.
shall be open to the perusal of the seller and buyer of lum-
ber, with reference to any transactions between them, and to
the perusal of any other person interested therein. C. S. C.,
c. 46, s. 34.
28. The scribers of timber and holders of measuring tapes Sertain duties
shall in all cases, when practicable, be apprentices or candi- §º,
dates for becoming cullers, for whose acts, in the performance apprentices.
of their duties, the cullers shall be responsible. C. S. C., c. 46,
$. 21.
MODE OF CUITING AND MEASURING!.
24. Square timber shall be measured only in some one of How square
the three modes following, that is to say :— tºº.
First.—Measured off, in the raft or otherwise, giving the ... •
full cubic contents without any allowance or deduction;
Second.—Measured in shipping order—which shall mean
sound, fairly made timber—gum seams closed at the butt and
sound knots not to be considered unsoundness—lengths
under the merchantable standard hereinafter mentioned and
not less than twelve feet long to be received, if, in the opinion
of the culler, the same is fit for shipment;
Third.—Culled and measured in a merchantable state, in
accordance with the rules, standards and limitations here-
inafter described. C. S. C., c. 46, s. 22.
25. In measuring timber, the culler employed for that Hºs
purpose shall measure not only the girth of each piece of *:::::::: º:
timber, but shall also measure, personally, with the aid of well as girth-
one competent assistant, the length of each piece of timber,
in all cases where such measurement is practicable with the
aid of only one assistant ; and in the event of any case arising
in which, in the opinion of the Supervisor, or of any deputy,
such measurement cannot be effected with the aid of one
8% 1863
Chap. 103. The Cullers’ Act. 49 WICT.
Culler to be
provided with
measuring
instruments.
And with
knives and
Stamps.
How qualit
shall be y
marked.
How marks
shall be
applied.
Entries to be
checked and
signed.
Copy of agree-
Iment aS to
mode of
measurement
to be filed.
Proviso.
Descriptions
and classes of
timber.
assistant only, such culler may employ an additional com-
petent assistant for that purpose, who, as well as the assist-
ant first above mentioned, shall be approved of by the Super-
visor or deputy. C. S. C., c. 46, S. 23. - *
36. Every culler shall be provided with such measuring
rods, tapes and other measuring instruments as are prescribed
by departmental regulations, all of which shall be in accor-
dance with the standard measures of Canada, and shall bear
the verification marks of the Department of Inland Revenue :
2. Every culler shall also be provided with such scribing
knives and such stamps as are necessary for marking the
articles culled by him with the initials of his name, and with
the capital letters distinguishing the quality, as follows:–
M. Which shall denote what is merchantable;
U. Which shall denote what is sound and of merchant-
able quality, but under merchantable size;
S. Which shall denote what is of second quality;
T. Which shall denote what is of third quality;
R. Which shall denote what is rejected and unmer-
chantable : -
3. Such marks shall be indented or stamped on the end
of each article of lumber culled in terms of the merchantable
standard hereinafter prescribed, except as to West India and
barrel staves, boards, deals, lathwood and hand-spikes. 38 W.,
c. 34, s. 8.
27. Every culler shall check and examine the entry of his
measurements and of Culling and counting on the books of
the Supervisor, and sign such entry and calculations on the
said books. 38 W., c. 34, s. 9.
28. A copy of every agreement as to the adoption of any
of the modes of measurement or culling mentioned in this
Act, signed by the seller and buyer, shall be lodged in the
office of the supervisor, or deputy supervisor, at the same
time that a requisition is made to him for a culler to measure
or cull any lumber, for the guidance of the supervisor, or
deputy supervisor, and culler, in the performance of their
duty, and such requisition shall state the river and section
of the Province wherefrom such lumber is produced ; but
the owner of any lumber, or his agent, may cause it to be
measured, culled or counted before any sale, in which case
the specification of such lumber shall set forth the mode in
which the measurement, culling or counting has been per-
formed. C. S. C., c. 46, s. 25.
QUALITIES OF LUMBER.
29. In all cases the supervisor, deputy supervisor and
cullers, respectively shall, in ascertaining and certifying the
merchantable size and quality of lumber submitted to their
1364
1886. The Cullers’ Act. Chap. 103. 7
culling, be governed by the descriptions, rules, standards and
limitations following, that is to say :—
(a.) Square white oak timber, first quality, shall be free White oak.
from rot, rotten knots affecting the surrounding wood, open
rings and grub or large worm holes, but small worm holes
and shakes shall be allowed according to the judgment of
the culler ; second quality shall be oak not coming within
the definition of first quality, and which, in the judgment of
the culler, is not culls;
(b.) Square hard grey or rock elm shall be free from rot, Rock elm.
open rings and rotten knots affecting the surrounding wood,
but shakes and slivers shall be allowed according to the
judgment of the culler ;
(c.) Square white or yellow pine timber shall be free from White or
rot, rotten knots affecting the surrounding wood, worm * *
holes, open shakes and open rings, but sound knots shall be
allowed according to the judgment of the culler ;
(d.) Square red pine timber shall be free from rot, rotten Red pine.
knots affecting the surrounding wood, worm holes, shakes
and splits, but sound knots shall be allowed according to the
judgment of the culler;
(e.) Square ash, basswood and butternut shall be of the Ash, bass-
same quality as white or yellow pine Square timber; Nº.
(f) Square birch shall be free from rot, rotten knots, splits Birch.
and shakes, and shall be allowed two inches wane;
(g.) Masts, bowsprits and red pine spars shall be sound, Masis, bow-
free from bad knots, rents and shakes, and the heart shall be º
visible in spots at or near the partners; *
(h.) Hickory handspikes shall be six feet long, and three Hickory hand-
and a-half inches square at the Smaller end ; Spikes.
(i.) Ash oars shall be three inches square on the loin, and Ash oars.
five inches broad on the blade, the blade shall be one-third
of the length of the oar, and such oars shall be cleft straight
on all sides, and free from large knots, splits and shakes ;
(j.) Lathwood shall be cut in lengths of from three to six Lathwood.
feet, and measured by the cord of eight feet in length by four .
feet in height; and, to be merchantable, shall be free from
rot, shall split freely, and each billet may contain to the
extent of three or four open case knots, provided they run
in line or nearly so, and it shall not have more than one
twist;
(k.) Pine or fir boards shall not be less than ten feet in Pine or fir
length, one inch in thickness and seven inches in breadth, *
equally broad from end to end, edged with a saw, or neatly
trimmed by a straight line, and shall be free from rot, bad
knots, rents and shakes, and of equal thickness on both edges
from end to end; the color alone of any board shall not
be a sufficient cause for its rejection, if it is in other respects
sound and merchantable, and of the dimensions required by
this Act;
(l.) White or yellow pine deals, to be merchantable, shall White or
be free from rot, rotten knots, grub-worm holes, open case . *
84% 1365
8
Chap. 103. The Cullers’ Act. 49 WICT.
Red pine
deals.
Spruce deals.
White or
yellow pine,
second quality
deals.
knots, shakes and splits (a slight sun crack excepted), and
sound knots and hard black knots shall be allowed as fol-
lows: If they do not exceed three in number, and do not
exceed on the average one inch and a-quarter diameter; if
they exceed three and are not more than six in number, and
do not exceed, on the average, three-quarters of an inch in
diameter; such proportion of knots shall be allowed for a
deal eleven inches in width and twelve feet in length, and
deals of greater or less dimensions shall be allowed for in
proportion, according to the judgment of the culler; wane
equal to half an inch on One edge, if running the whole
length of the deal, shall be allowed, and if not exceeding half
the length of such deal, three-quarters of an inch wane shall
be allowed; the deals shall be free from black or dead sap,
with a slight exception, in the discretion of the culler;
(m.) Red pine deals, to be merchantable, shall be free from
rot, rotten knots, grub-worm holes, open case knots and splits;
several small sound knots shall be allowed, according to
the judgment of the culler; heart shake shall be allowed,
if it does not run far into the deal or form a split through
at the ends; they shall be free, or nearly so, from black or
dead sap, but sound sap on the corners or on a portion of
one face of a deal shall be allowed, according to the judg-
ment of the culler;
(n.) Spruce deals, to be merchantable, shall be free from rot,
rotten knots, grub-worm holes, open case knots, splits and
shakes, a heart shake not exceeding one-fourth of an inch
to half an inch in depth excepted; several small sound knots
and hard black knots shall be allowed, according to the judg-
ment of the culler, and in the exercise of such judgment he
shall keep in view the peculiar nature of the wood, and
govern his judgment accordingly ; wane equal to half an
inch on One edge, if running the whole length of the deal,
shall be allowed, and if not exceeding one-quarter the length
of such deal, three-quarters of an inch shall be allowed;
(0.) White or yellow pine second quality deals, shall be
free from rot, rotten knots and splits, with slight exceptions,
at the discretion of the Culler, and sound knots and hard
black knots shall be allowed as follows: if they do not
exceed six in number and, upon the average, one inch and
a-half diameter; if they exceed six and are not more than
twelve in number, and do not exceed, upon the average, one
inch and a-quarter in diameter, but small knots under half
an inch diameter shall not be counted or considered;
such proportion of knots shall be allowed for a deal eleven
inches in width and twelve feet in length, and deals of
greater or less dimensions shall be allowed for in propor-
tion, according to the judgment of the culler; heart shakes
and Sun Cracks not exceeding three-fourths of an inch to
one inch in depth shall be allowed, as also worm holes,
according to the judgment of the culler; wane of half an
inch to one inch shall be allowed agcording to the quality
1866
1886. - The Cullers' Act. Chap. 103. 9
*
of the deal in other respects, according to the judgment of
the culler ; deals rejected as not coming within the standard
of merchantable or second quality shall be classed as culls,
—except that the culler may, if requested by buyer and seller,
select and classify, as third quality, the best of the deals so
rejected; .
(p.) Spruce and red pine second quality deals, shall be Spruce and
deals not coming within the definition of merchantable, and iºnis
which, in the opinion and judgment of the culler, are not deals.
culls, and shall be classed as second quality; and the culler,
if required by seller and buyer, may select and classify as
third quality the best of the deals unfit to be seconds;
(q.) The Quebec standard hundred of deals shall be one Quebec
hundred pieces twelve feet long, eleven inches broad, and two sº Of
and a-half inches thick; and deals of all other dimensions deals.
shall be computed according to the said standard ; deals of
all qualities shall be not less than eight feet long, seven
inches broad and two and a-half inches thick; deal ends
shall be not less than six feet long and shall be computed
according to the Quebec standard;
(r.) All merchantable deals shall be well sawn and squared ºutable
at the end with a saw, and the color alone shall be no objec- “
tion to their being merchantable;
(s) All deals when culled shall, in all cases, be stamped º d
with the initials of the culler, and the capital letter denot- *
ing their quality as such ;
(t.) Spruce deals, if not sawn at the ends prior to or at the iº. º
time of culling, shall be marked with the capital letter, OW Iſlal'KeCl.
denoting their respective qualities, with red chalk, in large
bold letters; and to prevent mistakes in piling, all other Other deals.
deals shall be marked with bold strokes in red chalk as
follows:—
Merchantable shall be marked, I ;
Second quality shall be marked, II;
Third quality (if made) shall be marked, III;
Rejected or culls shall be marked, X;
(u.) Standard or measurement staves shall be of the dimen- .
sions set forth in the words and figures following:— Staves.
5% feet long, 5 inches broad, and from 1 to 3 inches thick.
4; do. 4; do.
3% do. 4 do.
2% do. 5 do.
(v.) Head-staves, five and a-half feet long, and four and Head staves.
a-half inches broad, shall be received as if of merchantable
dimensions; º
(w.) The standard mille shall be twelve hundred pieces of Standard
five and a-half feet long, five inches broad, and one and "
a-half inches thick; and standard or measurement staves of
other dimensions shall be reduced to the said standard by
the tables of calculation now used ;
1367
10
Chap. 103. The Cullers Act. 49 WICT.
West India, or
puncheon
Staves.
(a.) West India or puncheon staves shall be three and
a-half feet long, four inches broad, and three-fourths of an
inch thick ;
Qualities
requisite in
all staves.
Dimensions of
merchantable
timber.
Oak.
Elm.
White pine.
Red pine.
Ash, bass-
wood and
butternut.
Birch,
Taper of
merchantable
timber.
Hollow
allowed.
(y.) All staves shall be straight grained timber, properly
split, with straight edges, free from the grub or large worm
holes, knots, veins, shakes and splinters; and Small worm
holes which do not exceed three in number, shall be allowed
according to the judgment of the culler, provided there are no
veins running from or connected there with, and the culler
shall measure the length, breadth and thickness of standard
staves at the shortest, narrowest and thinnest parts ; and
the thickness of West India and barrel staves exceeding
the standard breadth shall be measured at such standard
breadth, to wit: four and three and a-half inches respec-
tively, provided the thinnest edge is not less than half an
inch ; -
(2.) The dimensions of merchantable timber shall be as
set forth in the following words and figures:—
Oak shall be at least twenty feet in length and ten inches
square in the middle ;
Elm shall be at least twenty feet in length and ten inches
square in the middle ;
White pine shall be at least twenty feet in length and
twelve inches square in the middle, and fifteen feet and
upwards in length, if it is sixteen inches square and up-
wards in the middle ;
Red pine shall be at least twenty-five feet in length and
ten inches square in the middle, and twenty feet and up-
wards in length, if it is twelve inches square and upwards'
in the middle ;
Ash, basswood and butternut shall be at least fifteen feet
in length and twelve inches square in the middle, and at
least twelve feet in length, if it is fifteen inches square and
upwards in the middle ;
Birch shall be at least six feet in length and twelve inches
square in the middle ;
Taper of merchantable timber —
Oak, 3 inches, under 30 feet, and in proportion for any
greater length. .
Elm, 2 do. do. for 30 do. do. do.
White pine, 1} do. for 20 do. do. do.
Red pine, 2 do. for 25 do. do do.
Ash, basswood and butternut, 1% do. under 20 feet do. do.
Bends or twists not to exceed one in number ;
Hollow allowed on merchantable timber :—
Oak, 3 inches for every 20 feet in length, and in propor-
tion for any greater length ;
Elm, 3 do. do. 20 do. do. do.
White pine, 2% do. 20 do. do. do.
Red pine, 3 do. 20 do. do. do.
Ash, basswood and butternut, 2% do 20 feet do. do.
. 1368
1886. . The Cullers' Act. Chap. 103. 11
Dimensions of white pine masts, bowsprits and red pine ºf
Spars:— prisanā"red
White pine masts of 23 inches and upwards at the part- Pine spars.
mers, shall be 3 feet in length to an inch in diameter;
22 inches do. 3 feet do. do. and 2 feet extreme length;
21 do. do. 3 feet do. do. and 3 feet do.
20 do. and under 3 feet do. do. and 4 feet do.
Hollow or bend not to exceed six inches for seventy feet,
and in proportion for any greater length ;
Bowsprits shall be two feet in length for every inch in
diameter at the partners, adding two feet for extreme length ;
Red pine spars shall be three feet to the inch in diameter
at the partners, and nine feet extreme length ; hollow not
to exceed seven inches for sixty feet, and in proportion for
any greater length. C. S. C., c. 46, s. 26. -
39. Whenever it appears that timber, masts, spars, boards, Lumber im-
planks, deals, staves, oars or any other description of lumber, ſº, to
are not properly hewn, squared, butted or edged, but are be dressed
merchantable in other respects and sold as such, the super- *
visor, deputy and culler, respectively, shall order or cause
the same to be properly dressed and chopped, at the expense
of the seller or the buyer, as the case may be, previously to
their being respectively received and certified to be mer-
chantable ; and such dressing and chopping shall be done
under the direction of the culler in charge of the measuring
or culling. C. S. C., c. 46, s. 27.
31. If any dispute arises between the first buyer or seller, ºnse
or the person making the requisition, and the culler em. * *
ployed to cull or measure any article of lumber, with regard
to the dimensions or quality thereof, the supervisor or deputy
shall, as soon as possible, upon a written complaint thereof
being made, demanding a survey, cause a board of Survey
to be held for examining the quality and dimensions of such
lumber ; and such board shall take into consideration the
position of such lumber when measured or culled, and all
other circumstances and considerations connected there with,
in reporting thereon ; and such board shall consist of three Composition
persons,—one to be appointed by the culler whose decision ..." "
is disputed, one by the person complaining, and one by the y.
supervisor or deputy, and their determination shall be final
and conclusive ; and if the opinion and act of the culler is Costs.
confirmed, the reasonable costs and charges of re-examina-
tion shall be paid by the person complaining, but if other-
wise, by the culler:
2. Such survey shall be demanded when the culling or When survey
measuring is completed, or within two lawful days after ...a
the person demanding the survey has been furnished with tº
the specification thereof; and such right of survey shall
cease on and after the fifteenth day of November in each
year :
1369
12
Chap. 103. The Cullers’ Act. 49 WICT.
One culler
may be ap-
pointed by
Consent.
Regulations
may be made.
Giving effect
to Act.
Number of
cullers to be
employed.
Licenses.
Fees.
Tariff of fees.
Average
yearly fees
to each.
Annuities.
Payment of
annuities.
When payable
out of Con.
Rev. Fund.
3. The supervisor or deputy, for the more expeditious set-
tlement of disputes, may, with the consent and at the re-
quest of buyer, seller and culler concerned, name one culler
to act as surveyor; and if the culler so named is not objected
to by any of the persons interested, he shall act in the capa-
city of a board of survey, and his determination shall be
final and conclusive. C. S. C., c. 46, s. 28.
F.EGTUILATIONS.
$2. The Governor in Council may make regulations from
time to time—
(a.) For giving effect to the provisions of this Act;
(b.) For reducing the number of cullers to be employed in
each department of the supervisor's office, until the follow-
ing numbers are reached; cullers of square timber, fifteen ;
cullers of deals, twelve ; Cullers of staves, masts, spars and
lathwood, three,_or thirty in all; and such cullers shall be
employed regularly in rotation in their respective depart-
ments, unless the Governor in Council, in any case or class
of cases, otherwise prescribes ; -
(c.) Prescribing the manner of granting licenses to cullers;
(d.) Assigning to cullers such fees as he, from time to
time, deems proper;
(e.) Making, raising or lowering a tariff of fees and charges
for culling, measuring, counting off or making out specifi-
cations for timber, deals, staves or other lumber, under this
Act, in such manner as to meet and defray, as nearly as
possible, the expenses of the supervisor's office, and the
payment of salaries to the supervisor and the deputy super-
visors, employed under this Act, and so as to give the
cullers employed yearly average earnings of seven hundred
dollars each ;
(f) For granting annuities, not exceeding two hundred
dollars per annum in each case, to such of the cullers as
were employed on the first day of May, one thousand eight
hundred and seventy-six, or as were employed up to the
twentieth day of July, one thousand eight hundred and
eighty-five only, and as are incapable, by reason of age, infir-
mity or otherwise, of pursuing their business of culling, or
whose services are no longer required ;
(g.) For the payment of such annuities granted, as herein.
provided, out of such funds as have been collected, or as shall
be hereafter collected, over and above the cost of the culling
office. 48-49 W., c. 65, s. 1, part.
38. In the event of there being no such surplus funds
out of which the annuities granted, as provided in the next
preceding section, can be paid, such annuities shall be paid
Out of the Consolidated Revenue Fund of Canada. 48-49 W.,
C. 65, S. 1, part.
1370
1886. The Cullers’ Act. Chap. 103. 13
CHARGEs FOR, CULLING AND MEASURING.
$4. The fees and charges fixed by the Governor in Council gollection of
shall be charged and collected by the supervisor and deputy º:
supervisor, as the fees and charges for culling, measuring or
counting off each description of lumber, and for making out
specifications, and shall include all charges and expenses
against Such lumber, except in cases where extra labor for
:anting, dressing, butting, chopping and piling is necessary
and required : º:
2. One half of such fees and charges shall be paid by By whom and
the buyer, and the other half by the seller; but the whole "*
of such fees and charges shall, in all cases, be paid to the
Supervisor or deputy, on the delivery of the specification
or on the presentation of an account thereof, by the person,
or by the persons jointly or severally, who filed a requisition
or order for such measuring, counting or culling, whether
such person or persons are buyers, sellers, owners, or pos-
sessors of such lumber. C. S. C., c. 46, s. 29, part.
GENERAL PROVISIONS.
35. Any culler licensed under this Act, and not em- .
ployed by the Supervisor or a deputy, may engage or hire hire #if
himself to merchants or others, as a shipping culler; but ...”
such culler shall in no case measure, cull, count, stamp or ...
mark any description of lumber before the same has been
first measured by some licensed culler other than himself,
under the direction of the supervisor or deputy, except with
the written permission of the supervisor or deputy and in
accordance with the same rules and on the same terms by
which cullers acting under the supervisor or deputy are
bound, according to this Act ; and he shall also keep a record
of all his operations, returns of which he shall make monthly
to the supervisor or deputy ; and every culler so hired and Penalty tº
- & e Ö - non-compli-
engaged, who offends against this Act, shall, for each such jºinis
offence, be liable to a penalty not exceeding four hundred Act.
dollars, or to imprisonment for a term not exceeding six
months, in the discretion of the court. C. S. C., c. 46, s. 36.
36. Every person who is not licensed as a culler, who Penalty for
measures, culls, marks or stamps any article of lumber, ºthout
shipped or intended to be shipped by such measurement, or license.
measured, culled, marked or stamped, with intent to evade
or elude the provisions of this Act, shall, for each such
offence, be liable to a penalty not exceeding four hundred
dollars, or to imprisonment for a term not exceeding six
months, in the discretion of the court; and every culler And iſºlº
º • * acts without
employed by the supervisor or deputy, who privily, and authority.
without the knowledge and consent of the supervisor or
deputy, or for hire or gain, and without the same being
duly entered on the books of the supervisor or deputy,
1871
14
Chap. 103. The Cullers Act. 49 WICT,
Penalty if
supervisor or
Culler deals in
lumber.
Penalty if
supervisor or
culler is guilty
of partiality,
&c.
measures, culls, marks or stamps any article of lumber, shall,
for each such offence, be liable to a penalty not exceeding
four hundred dollars, or to imprisonment for a term not
exceeding six months, in the discretion of the court. C. S. C.,
c. 46, s. 37.
37. Every supervisor or deputy, or licensed culler, who
buys or sells, directly or indirectly, or is a dealer in or inter-
ested in buying or selling any article of lumber, either on
his own account or on account of any other person, shall,
for each such offence, incur a penalty not exceeding four
hundred dollars and not less than two hundred dollars, and
shall forfeit his office. C. S. C., c. 46, s. 38.
38. Every supervisor, deputy or licensed culler, and
every clerk or assistant measurer, employed by the super-
visor or deputy, or by any culler, who is at any time guilty
of wilful neglect of his duty, or of partiality in the execu-
tion of the duties of his office, or of wilfully giving a false
account or certificate of the articles of lumber submitted to
his inspection, measurement or calculation, or of any other
wilful neglect or prevarication with regard to the duty he
is employed to discharge, shall, for every such offence, incur
a penalty not exceeding four hundred dollars, and shall be
Assaults on
Cullers.
Penalty.
Forging,
counterfeit–
ing or defac-
ing Stamps.
Penalty.
Setting timber
adrift.
dismissed from his office, and be for ever after incapable of
holding any such situation or employment. C. S. C., c. 46,
s. 39.
39. Every person who assaults any culler in the execu-
tion of his duty under this Act, or by threats, menaces or
violence, impedes or prevents any culler from the perform-
ance of his duty, shall, upon summary conviction upon the
oath of one credible witness, be liable to a penalty not
exceeding forty dollars and not less than twenty dollars, and
in default of payment, to imprisonment for a term not
exceeding two months, unless the penalty is sooner paid.
C. S. C., c. 46, s. 41.
40. Every person who unlawfully uses, or counterfeits
or forges, or procures to be counterfeited or forged, any
stamp directed to be provided for use, in pursuance of this
Act, or counterfeits or imitates the impression of the same
On any article of lumber, or knowingly, wilfully and fraudu-
lently defaces, obliterates or removes any of the marks or
letters marked, indented or imprinted in or upon any arti-
cle of lumber, after the same has been culled or measured
as aforesaid, shall be liable to a penalty not exceeding two
hundred dollars, or to imprisonment for a term not exceed-
ing three months, in the discretion of the court. C. S. C.,
C. 46, S. 42.
41. Every person who wilfully and unlawfully, with the
intention to set the same adrift, unmoors, by cutting or other-
1372
- 1886. - The Cullers' Act. Chap. 103. 15
wise, any timber, masts, spars, staves, Oars, handspikes,
planks, boards, saw-logs or other description of lumber, or Penalty.
any boat, bateau or scow, shall, for each offence, incur a
penalty not exceeding four hundred dollars and not less
than twenty dollars: -
2. A moiety of such penalty shall belong to Her Majesty, Application of
for the public uses of Canada, and the other moiety to the Pº"
informer Or prosecutor, and the offender shall be imprisoned
until such penalty is paid, --but no term of imprisonment Imprisonment
shall, for any first offence, exceed three months; and if any ...”
person is a second or subsequent time convicted of any such
offence, he shall be liable to imprisonment for a term not
exceeding twelve months. C. S. C., c. 46, s. 43, part.
42. Nothing in this Act shall make it compulsory to have Culling not,
any article of lumber measured, culled or assorted, under ..."
this Act, if such lumber is shipped for exportation by sea
for account, in good faith, of the actual and bond ſide pro-
ducer or manufacturer thereof; but all other lumber shipped. When culling
for exportation by sea, shall be either measured, culled or º: COIO-
counted, at the option of the persons interested, by a licensed pulsory.
culler, under the control and superintendence of the super-
visor or deputy; and the owner or shipper of such lumber,
or the proprietor or lessee of the premises from which such
lumber is so unlawfully shipped, shall incur a penalty equal
to the market value of any article of lumber so unlawfully
shipped :
2. Proof of the fact of lumber having been placed along- What shall be
side or taken on board of any sea-going ship or vessel, shall ..."
be sufficient evidence of such unlawful shipping for ex- shipping.
portation by sea :
3. The proof of the measuring, culling or counting of such Burden of
lumber, in conformity with this Act, shall lie upon the per- º
son charged with such unlawful shipping; and the market charged.
value of any article of lumber so unlawfully shipped, shall
be ascertained by the certificate of the council of the Quebec
board of trade, or by a certificate under the hand of the
supervisor. C. S. C., c. 46, s. 46.
43. Every penalty and forfeiture incurred under this Act Limitation of
shall (except where otherwise provided) be sued for within #.
twelve months after the offence is committed, and not after-
wards, and shall be recoverable, with costs, either in any
court of competent jurisdiction, or in a summary manner Recovery of
under the “Act respecting summary proceedings before Justices Pº”
of the Peace”;
2. A moiety of all such penalties and forfeitures, except Application.
those for the disposal whereof other provision is made by
this Act, shall belong to Her Majesty, for the public uses of
Canada, and the other moiety shall belong to the person
1373
16 Chap. 103. The Cullers’ Act. 49 WICT.
aggrieved, or to the informer or person who prosecutes or
sues for the same. C. S. C., c. 46, s. 44.
Time within 44. Every action, against any person, for anything done
rººm in pursuance of this Act, shall be commenced within twelve
done under months next after the cause of action has arisen, and not
º afterwards; and the defendant in such action may plead the
general issue, and give this Act and the special matter in
evidence at any trial to be had thereupon, and that the same
was done in pursuance and by the authority of this Act;
and if it appears so to have been done, then judgment shall
As to costs. be given, or a verdict found for the defendant ; and if the
plaintiff is non-suited or discontinues his action after the
defendant has appeared, or if judgment is given against
the plaintiff, the defendant shall recover costs and have the
like remedy for the same as defendants have in other cases
by law. C. S. C., c. 46, s.45.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's
Most Excellent Majesty.
1374
CHAPTER 104.
An Act respecting Weights and Measures.
HFº Majesty, by and with the advice and consent of the A.D 1886.
- Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This Act may be cited as “The Weights and Measures Short title.
Act.” 42 W., c. 16, s. 1.
THE LAW OF WEIGHTS AND MEASURES.
Uniformity of Weights and Measures.
2. Except as herein otherwise provided, the same weights To be the
and measures shall be used throughout Canada. 42 W., c. 16, º:
s. 3.
Standards of Measure and Weight.
3. The bronze bar and the platinum weights more par- Certain
ticularly described in the first part of the first schedule to .
this Act, and deposited at the Department of Inland Reve- dominion
nue, in the custody of the Minister of Inland Revenue, as standards.
provided in the Act passed in the thirty-sixth year of Her
Majesty's reign, intituled “An Act respecting Weights and
JMeasures,” shall continue to be the Dominion standards of
measure and weight:
2. The said bronze bar Shall continue to be the Dominion standard
standard for determining the standard yard for Canada; and yard, pound
the said platinum weights shall respectively continue to be *
the Dominion standards for determining the standard pound
and the standard troy ounce for Canada. 42 W., c. 16, s. 4.
4. The two copies of the standards of measure and weight, Parliament
described in the second part of the first schedule to this Act ary copies.
and deposited as therein mentioned, shall be deemed to be
Parliamentary copies of the said Dominion standards. 42 W.,
c. 16, s. 5. -
5. If at any time either of the Dominion standards of Renewal of
g & • * Dominion
measure and weight is lost, or in any manner destroyed, jn
defaced or otherwise injured, the Minister of Inland Revenue case of loss,
may cause the same to be restored, by reference to or adop-

1375
Chap. 104. Weights and Measures. 49 WICT.
Renewal of
Parliamen-
tary
standards.
Secondary or
Departmental
standards.
Renewal in
case of loss.
Standards of
new denomi-
nations,
Cancellation
of a depart-
mental
standard.
Local
standards.
Standard
yard defined.
tion of either of the Parliamentary copies of that standard,
or of such one of them as remains available for that purpose.
42 W., c. 16, s. 6.
6. If, at any time, either of the Parliamentary copies of
either of the Dominion standards is lost or in any manner
destroyed, defaced or otherwise injured, the Minister of
Inland Revenue may cause the same to be restored, by refer-
ence either to the corresponding Dominion standard, or to
the other Parliamentary copy of that standard. 42 W., c. 16,
S. 7.
7. The departmental standards of measure and weight
which, having been derived from the Dominion standards,
are in use under the direction of the Minister of Inland
Revenue, and are mentioned in the second schedule to this
Act, and no others (save as hereinafter mentioned), shall be
secondary standards of measure and weight, and shall be
called departmental standards :
2. If, at any time, any of such standards is lost or in any
manner destroyed, defaced or otherwise injured, the Minis-
ter of Inland Revenue may cause the same to be restored,
by reference either to one of the Dominion standards or to
One of the Parliamentary copies of those standards:
3. The Minister of Inland Revenue shall, from time to time,
cause such new denominations of standards, being either
equivalent to or multiples or aliquot parts of the Dominion
weights and measures ascertained by this Act, as are required
in addition to those mentioned in the second schedule to this
Act to be made and duly verified, and such new denomina-
tions of standards, when approved by the Governor in
Council, shall be departmental standards in like manner as
if they were mentioned in the said schedule:
4. The Governor in Council may declare that a depart-
mental standard for the time being, of any denomination,
whether mentioned in the said schedule or approved by the
Governor in Council, shall cease to be such standard. 42 W.,
c. 16, s. 8.
8. The standards of measure and weight which are law-
fully in use by inspectors or deputy inspectors of weights
and measures, for the purpose of verification or inspection,
and all copies of the departmental standards which are com-
pared with those standards and verified by the Minister of
Inland Revenue for the purpose of being used by inspect-
tors of weights and measures under this Act as standards
for the verification or inspection of weights and measures,
shall be called local standards. 42 W., c. 16, s. 9.
Dominion Measures of Length.
9. The straight line or distance between the centres of
the two gold plugs or pins (as mentioned in the first schedule
1376
1886. Weights and Measures. Chap. 104. 3.
to this Act) in the bronze bar by this Act declared to be the
Dominion standard for determining the Dominion standard
yard, measured when the bar is at a temperature of sixty-one
degrees and ninety-one hundredths of Fahrenheit's thermo-
meter, and when it is supported on bronze rollers placed
under it in such manner as best to avoid flexure of the bar
and to facilitate its free expansion and contraction from
varying temperature, shall be the legal standard measure of
length and shall be called the Dominion standard yard, and
shall be the only unit or standard measure of extension
from which all other measures of extension, whether linear,
superficial or solid, shall be ascertained. 42 W., c. 16, s. 10.
H9. One third part of the Dominion standard yard shall Standard
be a foot, and the twelfth part of such foot shall be an inch ; ; ; *
and the rod, pole or perch in length, shall contain five such furioſig."
yards and a-half; and the chain shall contain twenty-two and mile.
such yards, and the link shall be the one hundredth part
of the chain ; the furlong shall contain two hundred and
twenty such yards; and the mile one thousand seven hun-
dred and sixty such yards. 42 W., c. 16, s. 11.
H}. The rood of land shall contain one thousand two Standard
hundred and ten square yards, according to the Dominion ****
standard yard; and the acre of land shall contain one hun-
dred thousand square links,—being four thousand eight
hundred and forty such square yards, or one hundred and
sixty square rods, poles or perches. 42 W., c. 16, s. 12.
H2. In the Province of Quebec, the measures of length. As to .
and superficies for all lands comprised in those parts of the ;',
Province originally granted under the seigniorial tenure, Province of
shall be French measures, the ratio and proportion of which Q".
shall be to the Dominion standard measures as follows, that
is to say:— -
(a.) The foot—“ French measure" or “Paris foot ”—shall French foot.
be held to contain twelve inches and seventy-nine hundredths
of an inch, standard measure ;
. (b.) The “arpent,” when used as a measure of length, shall Arpent.
be one hundred and eighty French feet; and when used as
a measure of superficies, shall contain thirty-two thousand
four hundred square French feet; and the “perch,” as a Perch.
measure of length, shall contain eighteen French feet; and
as a measure of superficies, three hundred and twenty-four
square French feet;
(c.) Provided, that the provisions of this section shall apply French
only to territorial measurement; and the French measures º
“toise ’’ and “ell” (aune shall not be used as standard mea- such lands.
sures, but the standard yard, as described in the ninth
section of this Act, shall be used instead thereof. 42 W., c. 16,
s. 13.
1377
Chap. 104. Weights and Measures. 40 WICT.
Standard
pound.
Standard
ounce, dram
and grain.
Cental or
cwt., and ton,
Troy ounce.
All other
weights.
avoirdupois
Standard
gallon,
Quart and
pint.
Peck and
bushel.
Bushel of cer.
tain articles
determined
by weight.
Dominion Measures of Weight and Capacity.
13. The Imperial pound, as established by the Act passed
by the Parliament of the United Kingdom, in the session
held in the forty-first and forty-second years of Her Majesty's
reign, known as “The Weights and Measures Act of 1878,”
as represented by the platinum iridium weight mentioned
in the first schedule to this Act, and hereby declared to be
the Dominion standard for determining the Dominion stan-
dard pound, shall be the legal standard measure of weight
and of measure, having reference to weight, and shall be
called the Dominion standard pound, and shall be the only
unit or standard measure of weight from which all other
weights, and all measures having reference to weight, shall
be ascertained. 42 W., c. 16, s. 14.
14. One-sixteenth part of the Dominion standard pound
shall be an ounce, and one-sixteenth part of such ounce shall
be a dram, and one seven-thousandth part of the Dominion
standard pound shall be a grain :
One hundred standard pounds shall be a cental or hun-
dredweight, and twenty centals or two thousand pounds
shall be a ton: -
Four hundred and eighty grains shall be an ounce troy :
All the foregoing weights, except the ounce troy, shall be
deemed to be avoirdupois weights. 42 W., c. 16, s. 15.
15. The unit or standard measure of capacity, from which
all other measures of capacity, as well for liquids as for dry
goods shall be derived, shall be the gallon containing ten
Dominion standard pounds weight of distilled water weighed
in air against brass weights with the water and the air at
the temperature of sixty-two degrees of Fahrenheit's ther-
mometer, and with the barometer at thirty inches:
The quart shall be one-fourth part of the gallon, and the
pint shall be one-eighth part of the gallon :
Two gallons shall be a peck, and eight gallons shall be
a bushel. 42 W., c. 16, s. 16;-48-49 W., c. 64, s. 1.
16. In contracts for the sale and delivery of any of the
undermentioned articles, the bushel shall be determined by
weighing, unless a bushel by measure is specially agreed
upon—the weight equivalent to a bushel being as follows:—
Wheat, sixty pounds;
Indian corn, fifty-six pounds ;
Rye, fifty-six pounds;
Peas, sixty pounds;
Barley, forty-eight pounds;
Malt, thirty-six pounds;
Oats, thirty-four pounds;
Beans, sixty pounds;
Clover seed, sixty pounds;
1378
1886. - Weights, and Measures. . . . Chap. 104. . . 5
Timothy seed, forty-eight pounds;
Buckwheat, forty-eight pounds;
Flax seed, fifty pounds;
Hemp seed, forty-four pounds;
Blue grass seed, fourteen pounds;
Castor beams, forty pounds;
Potatoes, turnips, carrots, parsnips, beets and onions,
sixty pounds; - -
Bituminous coal, seventy pounds: - -
2. Every person who violates any provision of this section Penalty for
shall be liable, for a first offence, to a penalty not exceeding ...”
twenty-five dollars, and for each subsequent offence, to a
penalty not exceeding fifty dollars. 48-49 W., c. 64, s. 2.
17. In the Province of Quebec, the following shall be the ºr
standard weights for hay and straw, unless the same is sold §4. Straw
by the ton, or unless it appears that the parties to the con- in Quebec.
tract agreed to the contrary :— -
A bundle of timothy, clover or other hay with a
timothy band................................. .............. 15 lbs.
A bundle of timothy, clover or other hay bound with -
- a withe......................................….....…. 16 “
A bundle of straw........................................................ 12 “
C. S. L. C., c. 63, ss. 8 and 9.
18. All apples packed in Canada for sale by the barrel How apples
shall be packed in good and strong barrels of seasoned wood lºor
made as nearly cylindrical as may be ; the staves of such sale.
barrels shall be twenty-seven inches in length from croe
to croe, with heads from sixteen and one-half to seventeen
inches in diameter; and such barrels shall be sufficiently
hooped, with a lining hoop within the chimes, the whole
well secured by nails : - -
2. Every person who offers or exposes apples for sale by Penalty for
the barrel, otherwise than in accordance with the foregoing ...”
provisions of this section, shall be liable to a penalty of
twenty-five cents for each barrel of apples so offered or
exposed for sale. 48-49 W., c. 64, s. 3.
19. In using a Dominion measure of capacity the same Heaped
hall not be heaped, but either shall be stricken with a É.
round stick or roller straight and of the same diameter from “”
md to end, or if the article sold cannot, from its size or
hape, be conveniently stricken, shall be filled in all parts
as nearly to the level of the brim as the size and shape of
the article admits of 42 W., c. 16, s. 18.
20. The table in the third schedule to this Act shall be Table in third
deemed to set forth the equivalents in Dominion weights ...".
and measures of the weights and measures therein expressed equivalents
in terms of the metric system; and such table may be law: ..."
fully used for computing and expressing, in weights and **



9%
6 Chap. 104. Weights and Measures. 49 WICT.
measures, weights and measures of the metric system. 42 W.,
c. 16, s. 19.
Use of Dominion Weights and Measures.
Contracts to 21. Every contract, bargain, sale or dealing made or had
..". in Canada in respect of any work, goods, wares or merchan-
and measures: dise, or other thing which has been or is to be done, sold.
*...* delivered, carried or agreed for by weight or measure, shall
be deemed to be made and had according to one of the
Dominion weights or measures ascertained by this Act, or
to some multiple or part thereof, and if not so made or had,
Exception as shall be void, except when made according to the metric
to metric system ; and all tolls and duties charged or collected accord-
system. - º
...a ing to weight or measure shall be charged and collected
duties. according to one of the Dominion weights or measures ascer-
tained by this Act, or to some multiple or part thereof:
“Trade,” 2. Such contract, bargain, sale, dealing and collection of
i. * tolls and duties, as is in this section mentioned, is in this
* Act referred to under the term “trade ’’:
: ts, &c 3. The use of local or customary measures, or of heaped
iºl.” measures, shall not be lawful :
Penalty.for 4. Every person who sells by any denomination of weight
.#S. or measure other than one of the Dominion weights or
ion weights measures, or some multiple or part thereof, and every public
and measures weigher or measurer who uses any weight of measure, or
who uses, in any certificate as to the weight or measure of
any article weighed or measured by him, any other than
one of the Dominion weights or measures, or some multiple
or part thereof, shall be liable to a penalty not exceeding
twenty dollars for every such sale, weighing or certificate.
42 W., c. 16, s. 20. -
weight to be 22. All articles sold by weight shall be sold by avoirdu-
º pois weight, except that, L e
Except cer. Gold and silver, platinum and precious stones, and articles.
tain articles made thereof, may be sold by the ounce troy or by any
º decimal part of such ounce, and all contracts, bargains, sales.
troy weight, and dealings in relation thereto shall be deemed to be made
and had by such weight, and when so made or had shall
be valid: -
Penalty for 2. Every person who violates this section shall be liable to
º a penalty not exceeding twenty-five dollars for each offence.
42 W., c. 16, s. 21.
º: as to 28. No contract or agreement shall be invalid or open to
jts or objection on the ground that the weights OT IOlea,SULTOS 6.X-
#. pressed or referred to therein are weights or measures of the
sions. metric system, or on the ground that decimal sub-divisions
of Dominion weights and measures, whether metric or other-
wise, are used in such contract or dealing, 42 W., c. 16, s. 22.
As to Sales 24. Nothing in this Act shall prevent the sale, or subject

#: a person to a penalty under * Act for the sale of an article
1886. Weights and Measures. Chap 104. 7
in any vessel, such vessel being included in the sale, when
such vessel is not represented as containing any amount of
Dominion measures, nor subject a person to a penalty under
this Act for the possession of a vessel when it is shown that
such vessel is not used or intended for use as a measure.
42 W., c. 16, s. 23. -
Unjust Weights, Measures and Weighing Machines.
*5- Every person who uses or has in his possession for Penalty for
use, in trade, any weight, measure, scale, balance, steelyard ..."
º e e e º - e just
or weighing machine, which is false or unjust, shall incur weights,
a penalty not exceeding twenty-five dollars and not less .9.
than ten dollars, or, in the case of a subsequent offence, of Iſle 8.8llreS
fifty dollars; and any contract, bargain; sale or dealing made
by the same shall be void; and the weight, measure, scale, Forfeiture.
balance, steelyard or weighing machine shall be forfeited,
and shall be forthwith seized as being so forfeited. 47 W.,
c. 36, s. 1.
26. When any fraud is wilfully committed in the using Penalty for
of any weight, measure, scale, balance, steelyard or weighing "º"
machine, the person committing such fraud, and every per-weights, &c.
son party to the fraud, shall incur a penalty of twenty-five
dollars, or in the case of a subsequent offence, of fifty dollars;
and the weight, measure, scale, balance, steelyard or weigh-
ing machine shall be forfeited, and shall be forthwith seized
as being so forfeited. 47 W., c. 36, s. 2.
27. Every person who wilfully makes or sells, or causes Penalty for
to be made or sold, any false or unjust weight, measure, iº.
scale, balance, steelyard or weighing machine, shall incur a weights, &c.
penalty not exceeding fifty dollars and not less than twenty-
five dollars, or, in the case of a subsequent offence, of one
hundred dollars. 47 W., c. 36, s. 3.
Forfeiture,
Stamping and Verification of Weights and Measures.
28. Every weight, except when the small size of the Lawful
weight renders it impracticable, shall have the denomination . and
of such weight stamped or engraved on the top or side thereof contriyances
in legible figures and letters; to be stamped.
* * Every measure of capacity shall have the denomination
thereof stamped or engraved on the outside of such measure
“in legible figures and letters ;
$'. Every beam, steelyard or other weighing machine shall
have marked upon some essential part of it the maximum
weight which it is constructed to weigh, and also on the
weights or poises used with it, their actual weight when
truly adjusted, in parts or multiples of the avoirdupois
pound ; . .
A weight or measure not in conformity with this section And no other.
shall not be stamped with such stamp of verification under
this Act, as is herein mentioned. 42 W., c. 15, s 27.
94% 1381
8 -
Chap. 104. Weights and Measures. 49 WICT.
Penalty for
using un
stamped
weights or
MY103 LSUll'èS Ol'
weighing
machines, in
business.
Forfeiture,
&c
Exception as
to makers or
‘dealers in
Weights, mea-
sures, &c.
Penalty on
trader having
unlawful
weights, &c.,
in possession.
Forfeiture.
As to weights
of lead or
pewter.
* Penalty for
violation.
Proviso : as to
plugs,
29. Every trader, manufacturer, carrier, public weigher,
gauger, measurer, surveyor, or other person, who uses, for
any purpose of buying, selling or charging for the carriage
of any goods, wares, merchandise or thing, or of measuring
any land, goods, materials or other thing, for the purpose of
charging for or ascertaining the amount or price to be paid,
or the charge to be made therefor, any weight or measure,
or weighing machine which has not been duly inspected
and stamped according to this Act, is guilty of an offence
against this Act, and shall, on conviction, incur a penalty not
exceeding fifty dollars and not less than five dollars for each
such offence; and every such unstamped weight, weighing
machine or measure so used, found in his possession, shall,
on being discovered by the inspector or his assistant, be
forfeited and forth with seized and broken by him, without
suit or authority other than this Act: -
2. Provided that no manufacturer of or dealer in weights,
measures or weighing machines, who has in his possession
for sale, any weight, measure or weighing machine, shall
be bound to have the same inspected and stamped according
to this Act, so long as the same remains in his manufactory
or warehouse; but no such weight, measure or weighing
machine shall be removed from his premises, sold or taken
into use for trade without being inspected and stamped :
3. Every trader who is not a manufacturer of or dealer in
weights, measures or weighing machines, and who has in
his possession any unstamped weight, measure or weighing
machine, shall incur a penalty not exceeding fifty dollars and
not less than five dollars for the first offence, and for each sub-
sequent offence a penalty of fifty dollars; and such weights,
measures or weighing machines shall be forfeited, and shall
be forthwith seized by the inspector or his assistant. 42 W.,
c. 16, s. 28;-47 W., c. 36, s. 5.
39. No weight made of lead or pewter, or of any mixture
thereof, shall be stamped with a stamp of verification, or
used for trade, unless it is wholly and substantially cased
with brass, iron or copper, and legibly stamped or marked
“cased : ” - - - -
2. Every person who violates any of the provisions of this
section shall incur a penalty not exceeding twenty-five dol-
lars, and in case of a second offence fifty dollars:
3. Nothing in this section shall prevent the insertion into
a weight of such a plug of lead or pewter as is bond fide
necessary for the purpose of adjusting it, and of affixing
thereto the stamp of verification. 42 W., c. 16, s. 29.
Penalty for
forging or
counterfeit-
ing stamps
used under
this Act
31. Every person who forges or counterfeits any stamp
used for the stamping, under this Act, of any weight, bal-
ance, weighing machine or measure, or used before the
commencement of this Act for the stamping of any weight,
balance, weighing machine or measure under any enact-
1882 -
18S 6. Weights and Measures. Chap. 104. 9
ment repealed by this Act, or who wilfully increases or dimi-
mishes any weight or measure so stamped, or in any way
alters or tampers with any balance, weighing machine or
measure, which has been so stamped, so as to cause it to
weigh or measure unjustly, shall incur a penalty of forty
dollars for the first offence, and for each subsequent offence
he shall be liable to a penalty of one hundred dollars and to
imprisonment for a term of two months:
2. Every person who knowingly uses, sells, utters, dis- Qr for know-
poses of, or exposes for sale, any weight, balance, weighing ;.
machine or measure, with such forged or counterfeit stamp
thereon, or any weight, balance, weighing machine or mea-
sure so increased, diminished, falsified or tampered with,
shall incur a penalty, for the first offence, not exceeding fifty
dollars and not less than twenty-five dollars, and for each
subsequent offence a penalty of one hundred dollars, and Forfeiture.
the weight, balance, weighing machine or measure shall be
forfeited, and shall be forthwith seized as being so forfeited.
47 W., c. 36, s. 6.
ADMINISTRATION.
Central.
82. The Minister of Imland Revenue shall have the cus- Minister of
tody of the Dominion standards of measure and weight, Inland Beye-
- - † nue to have
and of the departmental standards, and of all balances, ap- ºustº
paratus, books, documents and things used in connection standards, &c.
there with or relating thereto. 42 W., c. 16, s. 31.
38. The Parliamentary copies of the Dominion standards Deposit of
of measure and weight, mentioned in part two of the first º:
schedule to this Act, shall continue to be deposited as therein tº stand-
mentioned :
2. The Minister of Inland Revenue shall cause the Parlia- periodical
mentary copies of the Dominion standards of measure and cºmparison
weight to be compared with each other once in every five ºd,
years, and once in every ten years with the Dominion stand-
ards of measure and weight. 42 W., c. 16, s. 32.
$4. Once, at least, in every five years, the Minister of And of
Inland Revenue shall cause the departmental standards, for departmental
the time being, to be compared with the Parliamentary *
copies of the Dominion standards of measure and weight
made and approved in pursuance of this Act, and with each
other, and to be adjusted or renewed if requisite:
2. A record shall be kept by the Minister of Inland Revenue Record of
of all standards verified or re-verified, showing full particu- Verification.
lars of the results of such verification or re-verification.
42 W., c. 16, s. 33.
35. The copies of the metric standards mentioned in the Copies of
metric stand-
fourth schedule to this Act having been obtained and de- j
g 1883
10
Chap. 104. Weights and Measures. 49 VICT.
their use for
lawful pur-
poses.
Comparisons,
verifications,
&c., how
made.
Duty of Com-
missioner of
Inland Re-
venue with
respect to
them, and as
to standards
generally.
Compensa-
tion for such
Servl Ce,
Appointment
and duties of
inspectors.
And of assis-
tantS.
Remunera-
tion.
District
inspectors.
posited in the custody of the Minister of Inland Revenue,
the Minister may cause to be compared with the said stand-
ards and verified, all metric weights and measures which
are submitted to him for the purpose, and which are of such
shape and construction as are, from time to time, directed
under any Order in Council in that behalf, and which the
Minister is satisfied are intended to be used for the purpose
of science or of manufacture, or for any lawful purpose
within the meaning of this Act. 42 W., c. 16, s. 34.
$6. All comparisons, verifications and other operations
with reference to standards of length, weight and capacity,
shall be conducted under the supervision of the Commis-
sioner of Inland Revenue, and generally he shall have such
powers and duties in relation thereto as are assigned to him
by the Governor in Council. The Commissioner of Inland
Revenue shall also conduct all such comparisons, verifica-
tions and other operations with reference to standards of
measure and weight in aid of scientific researches, or other-
wise, as the Minister of Inland Revenue deems expedient ;
and in consideration of the special qualifications and know-
ledge necessary for the proper discharge of such duties, the
said commissioner may be paid, in addition to his salary as
commissioner, such further allowance, out of any moneys
voted by Parliament for the purposes of this Act, as is
directed by the Governor in Council. 42 W., c. 16, s. 35.
Local.
37. The Governor in Council may, from time to time,
appoint one or more inspectors of weights and measures for
each Province, and such number of assistants to each inspec-
tor as is, from time to time, found necessary, and may, from
time to time, assign them inspection divisions; and their
powers and duties shall be as defined by this Act, by the
regulations made under it, and by instructions from the Min-
ister of Inland Revenue; and the Governor in Council may
assign to each inspector or assistant so appointed such remu-
neration or salary as is deemed expedient, not exceeding the
amount voted by Parliament, and may also allow to each
such inspector or assistant such further sum as will suffice.
to meet his actual expenses in the performance of his official
duties. 42 W., c. 16, s. 36.
38. The Governor in Council may appoint any officer of
the Department of Inland Revenue to the office of district
inspector under this Act, and such officer shall discharge
Oath of office.
the duties assigned to him under this Act, in conjunction
with and in addition to his other official duties. 42 W., c. 16,
s. 37, part.
59. Each inspector or assistant inspector shall, on appoint-
ment, take an oath for the faithful discharge of his duties, and
1384 .
1886. Weights and Measures. Chap. 104.
11
shall give a bond, in a sum fixed by the Governor in Council,
for the safe custody and preservation of the standard weights
and measures and other apparatus intrusted to him, for their
delivery over to his successor in case of his resignation or
removal from office, and for the duly accounting for all
moneys collected by him. 42 W., c. 16, s. 37, part.
40. Each inspector shall be furnished by the Minister of Inspector to
Inland Revenue with one or more sets of standards, to be b
called “the local standards,” carefully verified and authen-
ticated by comparison with the departmental standards in
the custody of the Minister of Inland Revenue, and with
such apparatus as is requisite to enable him to perform his
duties under this Act. 42 W., c. 16, s. 37, part.
41. No officer appointed under this Act shall be a maker
or seller of weights, balances, measures or weighing machines,
but, under special departmental instructions in that behalf,
he may be allowed to adjust or alter any weight verified by
him or submitted to him for verification, and to collect, there-
for, such compensation as is authorized by the Governor in
Council. 42 W., c. 16, s. 38, part.
42. The “standards” and other apparatus shall be used
by the inspector or assistant into whose custody they are
given solely for the purpose of comparing and verifying
weights, measures, balances and weighing machines used
for purposes of trade. 42 W., c. 16, s. 38, part.
43. The inspector or his assistant shall perform such
duties incident to the verification of weights and measures,
and of beams, scales, steelyards and other weighing ma-
Chines, comparing and trying the same with the standard
weights and measures, and other apparatus in his possession,
as are assigned to him under departmental regulations:
2. He shall, at all proper times, carefully examine and
Compare all weights and measures, and all beams, scales or
other weighing machines of any kind, presented to him
within his division ; and when found correct and just he
shall mark, stamp or brand the same in such manner as is,
from time to time, directed by the Minister of Inland Reve-
nue, – who shall furnish such stamps, brands and implements
as he thinks proper for that purpose. 42 W., c. 16, s. 39.
§
44. Every inspector or his assistant shall, upon such days
and at such places within his district as he, from time to
time, appoints in pursuance of such departmental regula-
tions as are made in that behalf—and of which days or
places public notice shall be given in the manner provided
by such regulations,—attend with his inspection standards
and other apparatus for the purpose of inspecting all weights,
balances, measures and weighing machines, and shall then
e provided
with local
standards.
Officers not
to be makers
or sellers of
weights or
measures, &c.
Use of
standards by
inspectors.
Duties of in-
spectors and
aSSiStantS.
Examination
and marking
of weights,
&c.
Times and
places of in-
spection and
verification.
1385
12
Chap. 104. Weights and Measures. 49 WICT.
Stamping,
&c., when
found correct.
Power of in-
spectors to
enter shops,
&c.
and there inspect and verify, and if found correct, shall stamp
and certify all weights and measures, balances and other
weighing machines. 42 W., c. 16, S. 40.
45. The inspector or his assistant may, at all reasonable
times, without notice, enter any shop, store, warehouse, stall.
yard or place whatsoever, within his division, where any
commodity is bought, sold, exposed or kept for sale, or where
Without
previous
notice.
To inspect
when called
on if not
otherwise on
duty.
Inspection on
request, Sub-
ject to regula-
tions.
Penalty for
obstructing
inspector Ol'
aSSistant.
Inspector
to keep a
record of in-
Spections, &c.
Re-inspection
at Certain
periods.
a charge is made for the carriage or conveyance thereof by
weight or measure, and there examine all weights, measures,
beams, scales, steelyards or other weighing machines, and
compare and try the same with the local standards of weight
and measure in his possession; and he shall do so from time
to time, and without previous notice, so as best to insure
compliance with the provisions of this Act, and the discovery
and punishment of any violation thereof: and he shall
attend at any reasonable time and place, and when not
otherwise engaged in the performance of his duties, for
the purpose of inspecting and verifying any fixed and non-
portable weighing machine in his division ; and he may also,
subject to regulations made by the Governor in Council in
that behalf, at any time when not so engaged, as aforesaid,
inspect, verify, stamp and certify any weights, measures or
weighing machines, at the request of the owner thereof, and
at any place in his division. 42 W., c. 16, S. 41.
46. Every person who wilfully obstructs or impedes any
inspector or assistant inspector in the performance of his.
duty under this Act, or under any Order in Council or
departmental regulation lawfully made under it, and every
person who aids or assists him in so doing, shall incur a
penalty of one hundred dollars. 47 W., c. 36, s. 7.
47. The inspector shall keep a book in which he shall
enter minutes of all verifications made by him or his assis-
tant, and at the time of every inspection he or his assistant
shall deliver to the owner of any weight or measure, or
weighing machine verified, or to the person procuring the
verification, a certificate under his hand, setting forth the
fact and date of such verification, and specifying the weight,
measure or weighing machine inspected. 42 W., c. 16, s. 42.
48. Within four months after the expiration of two years.
from the first verification and stamping, and within a period.
of two years after each subsequent verification, every weight,
measure and weighing machine shall be again inspected and
Verified, and a new certificate of such inspection and verifi-
cation obtained from the proper inspector; and the produc-
tion of the certificate shall be primá facie evidence of the
verification or stamping, or re-verification having taken place.
within the period prescribed by law. 42 W., c. 16, s. 43.
1386
1886. - Weights and Measures. Chap. 104. 13.
49. Every person, not being a manufacturer, dealer in Refusing to
or importer of weights, measures or weighing machines, º; &c.
who refuses to produce for inspection, when required so to for inspection.
do by any inspector or inspector's assistant appointed un-
der this Act, all weights, measures and weighing machines
in his possession, and used for any purpose of trade, and—
Every manufacturer of dealer in or importer of weights, or refusing to
measures or weighing machines, who refuses to permit the #:
inspection, when required in the manner herein provided, "“”
of any weights, measures or weighing machines about to be
removed from his premises to be used for purposes of trade,
or who permits any such weights, measures or weighing
machines to be so removed without having been first
inspected and stamped as herein required,—
Shall, for a first offence, incur a penalty not exceeding Penalty.
twenty-five dollars and not less than five dollars, and for
each subsequent offence a penalty of fifty dollars:
Provided always, that the provisions of this section shall Proviso: as
mot be construed as imposing any penalty on a manufacturer ...”
of dealer in, or importer of weights, measures or weighing
machines in respect of any dormant scales, which cannot be
properly verified until set upon a fixed foundation. 47 W.,
c. 36, s. 8.
50. No weight, measure or weighing machine duly stamp- As to weights
ed by any inspector, or other person hereby authorized to ...
examine and stamp the same, shall be subject to be re-stamped, in any º:
although the same is used beyond the limits of the inspec- io.º.ºsed
º e & tº s 1 "- © - º ... e. e. - in another.
tion division within which it was originally stamped, but
shall be considered as a lawful weight or measure or weigh-
ing machine throughout Canada, unless found defective or
unjust on any subsequent periodical or other inspection—
to which it remains subject, as provided by this Act—by
the inspector or his assistant for the division in which it then
is. 42 W., c. 16, s. 45.
51. If any inspector or inspector's assistant stamps or Penalty for
marks any balance, beam, weight or measure or weighing ... ºny
machine, without having first duly compared and verified without . "
the same with the standard or other authorized instrument * *
in his possession for the purpose, he shall, on conviction,
incur a penalty not exceeding fifty dollars for each offence.
42 W., c. 16, s, 46. -
52. Every inspector or assistant inspector, who, without Penalty on
authority from the Minister of Inland Revenue, knowingly ... "
stamps any balance, weight, measure or weighing machine, stamping out
belonging to any person residing within the limits of any ºpe.
inspection division for which another inspector has been
lawfully appointed, shall, on conviction, incur a penalty not
exceeding five dollars for every balance, weight, measure or
weighing machine so stampº, 47 W., c. 36, s. 9.
138
14 Chap. 104. Weights and Measures. 49 WICT.
. Delivery of Liquids in Casks.
Interpreta- 58. For the purpose of the following sections of this Act,
tion. the expression “cask” means and includes every vessel con-
structed for holding liquids, and made of staves and head-
ings bound together by hoops. 38 W., c. 36, s. 2.
How the 54. The capacity of any cask shall, in all cases of dis-
:... pute, be determined by the weight of rain water it holds,
in case of the water being at a temperature of sixty-two degrees of
dispute. Fahrenheit's thermometer, and ten pounds of such water
being reckoned as equal to one gallon ; and the determina-
tion by such weighing by an inspector or deputy inspector
of weights and measures, or by an officer of Inland Revenue,
authorized thereto under departmental regulations, of the
contents of any cask, shall be final and conclusive. 38 W.,
C 36, S. 4.
Capacity of 55. No malt liquors or any other liquids subject to excise
* that have been put into any caskin Canada, shall be delivered
subject to, in the cask to the purchaser unless the capacity of the cask
...” in which delivery is made is legibly marked in gallons, and
bung stave, parts of a gallon, on the bung stave thereof; and such mark-
ing shall be cut or branded in the wood, in characters not
less than one inch and a-quarter in height; except only that
Exception, such marking shall not be necessary on casks on which the
quantity of liquid then contained in them has been marked
or verified in compliance with excise regulations then in
force. 38 W., c. 36, s. 1.
Offences. 56. Every public gauger or other person who—
º, (a). Marks or causes to be marked on any cask, as its
*** capacity, a quantity greater than such cask will hold, or—
Using falsely (b) Who uses or causes to be used, for the delivery to a
*** purchaser of any malt liquors or any other liquid subject
to excise, put into a cask in Canada, any cask so falsely
marked, or—
gºmarked (c.) Who, except as herein provided, delivers any such
SK's liquid put into a cask in Canada, in a cask not marked as
herein required,— -
†. Is guilty of an offence against this Act, and shall incur a
- penalty of ten dollars for every cask so falsely marked or so
used without being first properly marked, and a penalty of
double the amount for every subsequent offence. 38 W.,
c. 36, s. 3.
GENERAL PROVISIONS.
§º. 57. The Governor in Council may, from time to time,
#6. make regulations concerning any of the subjects following,
: that is to say:-- & -
poses, (a.) The guidance of the inspectors and their assistants in
the performance of their duties;
1388
1886. Weights and Measures. Chap. 104. 15
(b.) The replacement and use of the standards;
(c.) The methods of verifying local standards or weights,
measures, weighing machines and balances, and of certifying
such verification;
(d) The amount of error that may be tolerated in weights,
measures, balances and weighing machines;
(e) The shapes, dimensions and proportions to be required
in weights, weighing machines and measures, and the ma-
terials of which they may be made ;
(f) The marking on weights and measures authorized
under this Act, of their several denominations;
(g) The defining and specifying what weights, measures,
weighing machines and balances shall or shall not be ad-
mitted to verification ;
And such regulations shall be published in the Canada Publication.
Gacette. 42 W., c. 16, s. 48;—49 W., c. 40, s. 1.
58. The Governor in Council may, from time to time, governor in
make a tariff of fees to be paid to the inspectors or their .#
assistants for inspecting and stamping weights and measures, offees.
balances, beams and other weighing machines, under this
Act; and the Order in Council containing such tariff and Publication.
regulations, and any repeal or amendment thereof, shall be
published in the Canada Gazette ; and the said fees shall Application
form part of the Consolidated Revenue Fund of Canada. **
42 W., c. 16, s.49.
59. Such fees shall be paid at the time of the inspection, When and
stamping or verification, to the inspector or his assistant, who hº
shall affix to the certificate given by him an adhesive stamp or
stamps to the amount of such fee, and shall, at the time of
affixing the same, write or mark thereon, in such manner as
is directed by departmental regulations, the date at which it
is affixed; and no certificate shall be valid or avail for any Unstamped
purpose whatsoever unless the requisite stamp or stamps ..."
have been duly affixed and remain affixed thereto and can-
celled. 42 W., c. 16, s. 50.
60. If any person refuses to pay the inspection fees pay- Power to seize
able by him, on demand of the inspector or assistant inspec- º:
tor, such inspector or assistant inspector may seize sufficient tor's fees are
of the weights, measures or weighing machines, for the *P*
inspection whereof such fees are due, to secure the same, and
retain them until the fees and all expenses incurred are paid,
and shall forthwith institute proceedings for the recovery
thereof and costs, as provided by section sixty-three. 47 W.,
c. 36, s. 10.
61. The Governor in Council may, from time to time, Adhesive
direct adhesive stamps, bearing such device as he thinks ...".
proper, to be prepared for the purposes of this Act, and may this Act.
defray the cost thereof out of any unappropriated moneys
forming part of the Consolidated Revenue Fund of Canada:
1889
16
Chap. 104. Weights and Measures. 49 VICT.
Device
thereon.
Accounts
under this
Act.
Recovery of
penalties and
enforcement
of forfeitures.
How levied,
if not forth-
with paid.
Application
of penalties.
Disposal of
forfeited
weights, &c.
Forfeited
articles or
money
voluntarily
abandoned,
how to be
dealt with.
2. The device on such adhesive stamp shall express the
value thereof, that is to say, the sum at which it is to be
reckoned in payment of the duty hereby imposed. 42 W.,
c. 16, s. 51.
62. Separate accounts shall be kept of all expenditure
incurred and of all fees and duties collected and received
under the authority of this Act; and a correct annual state-
ment of the same up to the thirtieth day of June then last
past, shall be laid before Parliament within the first fifteen
days of the then next session thereof. 42 W., c. 16, s. 52.
IPROCEDURE.
68. All penalties imposed by this Act, or by any regu-
lation made under its authority, shall be recoverable, with
costs, before any civil court of competent jurisdiction,-or be-
fore any justice of the peace for the district, county or place
in which the offence is committed, if such penalty does not
exceed fifty dollars, and before any two such justices, if it
exceeds fifty dollars, upon proof by confession, or by the
oath of one credible witness; and the amount may, if not
forthwith paid, be levied by execution or distress and sale
of the goods and chattels of the offender, by warrant, under
the hand and seal of such justice or justices, by whom
also any imprisonment to which the offender is liable may be
awarded; and the provisions of the “Act respecting summary
proceedings before Justices of the Peace,” shall, subject to the
provisions of this Act, apply to all proceedings thereunder.
42 W., c. 16, s. 53, part.
64. A moiety of every penalty so recovered shall belong
to the person who sues for the same, not being an inspector or
an assistant inspector, and the other moiety or, if the person
suing is an officer acting in pursuance of this Act, the whole
penalty, shall belong to Her Majesty. 42 W., c. 16, s. 53, part.
65. All false weights, beams, balances and weighing ma-
chines seized as forfeited under this Act, shall be delivered
to the district inspector, for the district in which the offence
is committed, in whose custody they shall remain, subject
to the order of the Minister of Inland Revenue. 42 W., c. 16,
S. 53, part.
65. If any weight, beam, balance, measure or weighing
machine is voluntarily given up or abandoned by the owner
thereof to any inspector or assistant inspector of weights
and measures, as forfeited under this Act, or if any sum of
money is voluntarily paid to any such inspector or assistant
inspector, with the consent and approval of the Minister of
Inland Revenue, as the amount of any penalty under this
Act, such abandonment or payment shall be deemed to be
1390
1886. Weights and Measures. * Chap. 104. 17
a lawful abandonment or payment ; and the weight, beam,
balance, measure or weighing machine so abandoned or
given up may be dealt with as if forfeited under this Act,
and the sum of money so paid may be dealt with as if it
was a penalty recovered under this Act. 48-49 W., c. 64, S. 4.
67. Every person aggrieved by the use of any weight or Remedy of
measure or weighing machine, which has not been duly in: ;wed by
spected and stamped according to this Act, or which is found false weights,
light, deficient or otherwise unjust, may recover treble dam- *
ages and treble costs. 42 W., c. 16, s. 53, part. -
68. No action or prosecution shall be brought against any Limitation of
person for any penalty imposed by this Act, unless the same ""
is commenced within six months after the offence is com-
mitted. 47 W., c. 36, s. 11. -
S C H E D U L E S.
\
FIRST SCHEDUILE.
PART I.
DOMINION STANDARDS.
The following standards were constructed under the direc-
tion of the Commissioner of Inland Revenue :-
The Dominion standard for determining the length of the
Dominion standard yard is a solid square bar, thirty-eight
inches long and one inch square in transverse section, the
bar being of bronze or gun metal (known as Baily's metal);
near to each end a cylindrical hole is sunk (the distance
between the centres of the two holes being thirty-six inches)
to the depth of half an inch ; at the bottom of each hole is
inserted in a smaller hole a gold plug or pin, about one-
tenth of an inch in diameter, and upon the surface of each
pin are cut, a fine line transverse to the axis of the bar, and
two lines at an interval of about one-hundredth of an inch
parallel to the axis of the bar; the measure of length of the
Dominion standard yard is given by the interval between
the transverse line at one end and the transverse line at the
other end, the part of each line which is employed being the
point midway between the longitudinal lines; and the said
points are in this Act referred to as the centres of the said
gold plugs or pins, and such bar is marked “Mr. Baily’s
metal,” “Standard Yard” “A,” “Troughton and Simms,
London.” There are also, on the upper side of the bar, two
holes for the insertion of the bulbs of suitable thermometers
for the determination of the temperature. •
1391
18
Chap. 104. Weights and Measures. 49 WICT.
The Dominion standard for determining the weight of
the Dominion standard pound is of platinum-iridium, the
form being that of a cylinder nearly 1:35 inch in height
and 1'15 inch in diameter, with a groove or channel round it,
the middle of which is about 0-34 inch below the top of the
cylinder, for insertion of the points of the ivory fork by
which it is to be lifted; the edges are carefully rounded off,
and such standard pound is marked “A.” The weight of
this standard in terms of the Imperial standard is 6999-97694
grains when both are weighed in vacuo and 6999-98387
grains when both are weighed in air at the temperature of
62° of Fahrenheit's thermometer, the barometer being at 30
inches, and for which due allowance is to be made when
comparing other standards. -
The Dominion standard for determining the weight of
the Dominion standard Troy ounce is of platinum-iridium,
the form being that of a truncated cone, with a knob, nearly
+% of an inch in height, including the knob, the knob being
nearly 4 inch and the base of the cone # inch in diameter
respectively, and such standard Troy ounce is marked “A.”
The weight of this standard in terms of the Imperial stan-
dard is 47999197 grains'when both are weighed in vacuo, and
480:03648 grains when both are weighed in air at the tem-
perature of 62° of Fahrenheit's thermometer, the barometer
being at 30 inches, for which due allowance is to be made
when comparing other standards.
BART II.
PARLIAMENTARY COPIES OF DOMINION STANDARDS.
The following copies of the standards above mentioned in
part one of this schedule were constructed at the same time
as the above standards. They are of the same construction
and form as the above standards, and they are respectively
marked and deposited as follows:–
(1) One of the copies of the Dominion standard for deter-
mining the Dominion standard yard, being a bronze bar
marked “Mr. Baily's metal,” “Standard Yard,” “B,” “Trough-
ton and Simms, London,” one of the copies of the Domin-
ion standard for determining the Dominion standard pound,
marked “B,” and one of the copies of the Dominion standard
for determining the Dominion standard Troy ounce marked
“B,” have been deposited with the Speaker of the Senate.
This copy of the standard yard is standard at a temperature
of 62.16° of Fahrenheit's thermometer, and the weight of this
copy of the standard pound, in terms of the Imperial stand-
ard, when both are weighed in vacuo, is 6999.98812 grains.
(2.) One of the copies of the Dominion standard for de-
termining the Dominion standard yard, being a bronze bar
marked “Mr. Baily's metal,” “Standard Yard,” “C,” “Trough-
ton and Simms, London,” one of the copies of the Dominion
- 1892
1886. Weights and Measures. Chap. 104. 19
standard for determining the Dominion standard pound,
marked “C,” and one of the copies of the Dominion standard
for determining the Dominion standard Troy ounce, marked
“C,” have been deposited with the Speaker of the House of
Commons. This copy of the standard yard is standard at
a temperature of 61°45° of Fahrenheit's thermometer, and
the weight of this copy of the standard pound, in terms of
the Imperial standard, when both are weighed in vacuo, is
6999'98367 grains. 42 W., c. 16, 1st sch.
SECOND SCHEDULE.
IDEPARTMENTAL STANDARDS.

Measures of Length. Measures of Capacity.
3.3
6 : Denomination of Standard. Denomination of Standard.
z; qo
O Set marked “a.”
1 | 100 feet. Bushel.
1 | 66 feet or chain of 100 links. Half-bushel.
2 10 feet end measures, with bed. Peck.
l 6 feet end measure, with bed. Gallon.
l 3 feet or 1 yard. Half-gallon.
l 1 inch divided into 10 decimal;| Quart.
parts, one of which is again Pint.
divided into ten sub-divi- Half pint,
sions of Iłoth of an inch| Gill.
each. Half-gill.
Set marked “b.”
Bushel.
Half-bushel.
Peck.
Gallon.
Half-gallon.
Quart.
Fint.
N Half-pint.
Gill.
Half-gill.
\
1393
20 Chap. 104. Weights and Measures. 49 WICT.
WEIGHTS.


Denomination of Denomination of Denomination of
Standard. - Standard. Standard.
: º . . . . Troy Bullion Decimal Grain
Avoirdupois Weights. * * Weights. - Weights.
Set marked ‘‘a.” Se" marked ‘‘a.” Set marked “a.”
50 pounds. 500 Ounces. 1,000 grains.
30 do 300 do , 600 do
20 do - 200 do .* 300 do
10 do 100 do 200 do
5 do 50 do 100 do
3 do 30 do - 60 do
2 do 20 do 30 do
1 pound - 10 do. 20 do
8 ounces 5 do 10 do
4 do 3 do 6 do
2 do 2 do 3 do
l Outnce 1 do 2 do
8 drams • 5 do 1 do
4 do "3 do * 6 do
2 do • 2 do "3 do
1 dram * 1 do ſº • 2 do
3 do • 05 do • 1 do
‘5 pound. •03 do •06 do
"3 do •02 do *03 do
• 2 do • 01 do • 02 do
• l do • 005 do • 01 do 0.
*05 do •003 do
03 do •002 do
02 do • 001 do
Ol do
005 do
003 do
*002 do
*001 do
Set marked ‘‘ b.” Set marked * b.” Set marked “ b.”
50 pounds. 500 ounces. 1,000 grains.
30 do 300 do 600 d
20 do 200 do 300 do
10 do 100 do 200 do
5 do 50 do 100 do
3 do 30 do 60 do
2 do 20 do 30 do
1 pound. . 10 do 20 do
8 Ounces 5 do 10 do
4 do 3 do 6 do
2 do 2 do 3 do
l Olin Ce 1 do 2 do
8 drams * 5 do 1 do
4 do • 3 do * 6 do
2 do * 2 do *3 do
1 dram * I do • 2 do
# do *05 do * 1 do
‘5 pound. *03 do *06 do
• 3 do • 02 do *03 do'
• 2 do '01 do *02 do
* 1 do * 005 do 01 do
* 05 do *003 do *
03 do •002 do
02 do *001 do
01 do
005 do
* 003 do
002 do
001 do
T886.
21.
Weights and Measures.
Chap. 104.
THIRD SCHEDULE.
TABLES of the Walues of the principal denominations of
Measures and Weights of the Metric System, expressed in
terms of the Standard Measures and Weights of Canada.
1.—MEASURES OF. LENGTH.
—s
Metric Denominations
Equivalents expressed in terms of the Standard of
and Values. Canada.
In Standard In feet and In links and
tºº Metres. Iyards and decimal decimal parts of a decimal parts of
parts of a yard. foot. a link.
Miriametre...... . 10000 10939 444444 328.18° 333333 49724.74747
Kilometre.......... I000 1093-94.4444 3281 -833333 4972 - 47475
Hectometre. ...... 100 109' 394.444 3.28° 183333 497 - 24747
Decametre......... 10 10°939.444 32 81.8333 49° 72475
Metre................ l 1 * 093944 3 281833 4 '97247
Decimetre ......... * * 109394 • 3281.83 *49'725
Centimetre ........ rºo * 0.10939 ° 0328.18 •04972
Millimetre ......... IUGU * 001094 •003282 • 0.0497

2.—MEASURES OF SURFACE.
. Metric Denominations and Value.
Standard of
Equivalents expressed in terms of the
Canada.
Square
Metres
In square yards
and decimal parts of
In square links
and decimal parts
Hectare................... 100 a res. | 10000
DeCare..................... 10 do 1000
Are.......................... 1 do *100
Centiare ................. Tº do l
a Square yard.
of a square link.
11967 - 1444
1196" 7144
119 °6'714
1 - 1967
24.7255 ° 0511
24.725 ° 5051
2472 - 5505
24 - 7255
3.—WEIGHTS.
g * A tº Equivalents expressed in term” of the
Metric Denomination and Value. Standard of Canada.
ſ
3. In pounds Avoirdu- In grains and
gººmºº Grams. pois and decimal decimal parts of a
parts of a pound. grain Troy.
*
Millier ............ • e g tº tº $ tº e tº $ tº tº º º ... 1000000 2204' 62 125
Guintal....... ............... .... 100000 220 - 46.212
Myriagramme ................... 10000 22 : 0462 2
Kilo framme....................... 1000 2 °20462.l
Hectogramme. .................. 100 * 220462
Decagramme..................... 10 • 022046
Gramme ........................... l • 002.204 15° 4323487
Decigramme ..................... - Fo • 0002204 1.5432349
Centigramme.................... 180 • 0000220 • 1543235
Milligramme...................... - rºot * 0000022 * 0154323
10% 1895
Q
Chap. 104. Weights and Measures. 49 WICT.
2
4.—MEASURES OF CAPACITY.
tº & . . . Equivalents expressed in terms of
Metric Denominations and Walue. the Standard of Canada.
In Imperial gallons
smº Cubic Metres | Litres. |and decimal parts of tºmº
an Imperial gallon.
!
Kilolitre ~~~~ …” l 1000 220 2443
Hectolitre ............. rº 100 22° U244
Decalitre. ..... ......... rån 10 2 * 2024
Litre .... • * * * * * * * * * * * * * * * rºot, l •2202.
Decilitre. •---------------- - 10%00 *5 • 0220
Centilitre ee se e o e o 'º w e º e º e º * roºts rºu • 0022
42 W., c. 16, 3rd sch.
FOURTH SCHEDULE.
METRIC STANDARDS.
List of Metric Standards in the custody of the Inland
Revenue Department. -
MEASURES OF LENGTH.
Melre.
The Dominion standard for determining the length of the
metre is a solid square bar, forty-one and a-half inches long,
and one inch square in transverse section, the bar being of
bronze or gun metal (known as Baily's metal); near to each
end a cylindrical hole is sunk (the distance between the
centres of the two holes being one metre or thereabout) to
the depth of half an inch ; at the bottom of each hole is
inserted in a smaller hole a gold plug or pin, about one-tenth
of an inch in diameter, and upon the surface of each pin is
cut a fine line transverse to the axis of the bar, and two lines
at an interval of about one hundredth of an inch parallel to
the axis of the bar. The measure of length of the metre is
given by the interval between the transverse line at one
end and the transverse line at the other end, the part of
each line employed being the point midway between the
longitudinal lines; and the said points are in this Act
referred to as the centres of the said gold plugs or pins, and
such bar is marked “Mr. Baily's metal,” “Standard Metre,”
“Troughton & Simms, London.” There are also on the
upper side of the bar two holes for the insertion of the bulbs
of suitable thermometers for the determination of the tem-
perature. This standard is shorter than the French standard
“Metre des archives,” by .001.47 of a millimetre at 0° Centi-
grade, or 32° Fahrenheit, or is standard at 32.16°Fahrenheit.
- 1396 ~
1886.
Weights and Measures.
WEIGHTS.
Kilogramme.
The Dominion standard for determining the weight of the
Rilogramme is of bronze, the form being that of a cylinder
with a knob, the cylinder having a groove cut in it at about
two-thirds of its height.
Its value as compared with the
French Standard Kilogramme is 1000002:45 milligrammes,
or 1:00000245 of a Kilogramme.
METRIC WEIGHTS.
3.e. 3.r.
6 : Denomination. 5 §
2. Q) 2. Q)
1 20 Kilogrammes. 1
1 10 do 1
l 5 do 2
2 2 do l
1 || 1 Kilogramme. 1
1 |500 Grammes. 2
2 200 do 1
1 || 100 do 2
1 || 50 do 1
2 | 20 do
1 || 10 do
l 5 do
l 2 do
2 1 Gramme.
Denomination.
5 Decigrammes.
2 do
1 Decigramme.
5 Centigrammes.
2 do
1 Centigramme.
5 Milligrammes.
2 do
1 Milligramme.
42 y, c. 16, 4th sch.
OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most,
Excellent Majesty.
CHAPTER IO5.
An Act respecting Canned Goods. A.D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- In this Act the expression “package ’’ means every Interpreta-
can, tin or package in which articles or goods are put up # kage.”
for sale and which are closed by being hermetically sealed. "“”
48-49 W., c. 63, s. 1.
2. Except in the case of goods packed previously to the Name and
twentieth day of July, one thousand eight hundred and ...
e packer to be
eighty-five, every package of canned goods sold or offered Štamped on
for sale in Canada, for consumption therein, shall have Packages.
attached thereto or imprinted thereon a label or stamp, set-
ting forth in legible characters the name and address of the
person, firm or company by whom the same was packed, or
of the dealer who sells the same or offers it for sale :
2. Every such package containing goods prepared from Dried goods.
products which have been dried previously to being so pre-
pared, shall, in addition, be labelled or stamped with the
word “soaked : ”
3. Every person who sells or offers for sale any such goods Penalty for
in violation of any provision of this section shall, on sum-º.”
mary conviction before a justice of the peace, for a first
offence, incur a penalty of two dollars for each such pack-
age, and for a subsequent offence a penalty not exceeding
twenty dollars and not less than four dollars, for each such
package in respect of which any such provision has been
violated. 48-49 W., c. 63, s. 2.
3. Every person who places on any package any label, Penalty for
brand or mark which falsely represents the quantity or ...P.”
Weight of the contents of such package, shall, on summary contents.
conviction before a justice of the peace, incur a penalty of
two dollars for each package on which the quantity or
weight is so falsely represented : Provided always, that a
variation under the rate of three per cent. shall not be
deemed a violation of the provisions of this section, 48-49 W.,
c. 63, s. 3.
4- Every person who places on any package any label, or of date
brand or mark which falsely represents the date when the When Packed.

1399
Chap. 105 Canned Goods. 49 WICT.
article or goods contained therein were packed, shall, on
summary conviction before a justice of the peace, incur a
penalty of two dollars for each package on which such date
is falsely represented. 48-49 W., c. 63, s. 4.
OTTAWA: Printed by Brown CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1400
CHAPTER IO6.
An Act respecting the Traffic in Intoxicating Liquors. A.D. 1886,
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
SHORT TITLE.
1. This Act may be cited as “The Canada Temperance Act.” Short title.
41 W., c. 16, s. 1.
INTER PRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “intoxicating liquors’ means and in- ºnau.
cludes any and every spirituous or malt liquor, and every “inoj g
wine, and any and every combination of liquors or drinks
that is intoxicating, and any mixed liquor capable of being
used as a beverage, and part of which is spirituous or other-
wise intoxicating;
(b.) The expression “county” includes every town, town- “County.”
ship, parish and other division or municipality, except a e
city, within the territorial limits of the county, and also a
union of counties united for municipal purposes; and as Provision as
respects the Province of Manitoba, the expression “county” *čº",
means the electoral districts therein, as designated by “The respects the
Bepresentation Act.” 41 W., c. 16, s. 2;-42 W., c. 50, ss. 2 ;"
and 4.
DIVISION OF ACT.
3. This Act is divided into three parts,
The first part relating to proceedings for bringing the Division of
second part of this Act into force : Act,
The second part relating to the prohibition of traffic in
intoxicating liquors:
The third part relating to penalties and prosecutions for
offences against the second part.
FIRST PART.
PROCEEDINGS FOR BRINGING THE SECOND PART OF THIS
ACT INTO FORCE.
Mode of obtaining Poll.
4. Any petition to the Governor in Council for the bring- #.
ing of the second part of this Act into force in any county Governor


1401 - in Council.
2 - Chap. 106. The Canada Temperance Act. 49 WICT.
or city, may be in the form A in the schedule to this Act, or
in words to the same effect. 41 W., c. 16, s. 4.
Form of no- 5. Such petition may be embodied as in form A in the
!... schedule to this Act, in a notice in writing addressed to the
of electors Secretary of State of Canada and signed by electors qualified
taken. and competent to vote at the election of a member of the
House of Commons in the county or city, to the effect that
the signers desire that the votes of all of such electors, here-
inafter termed electors, be taken for and against the adoption
of the petition. 41 W., c. 16, s. 5.
Evidence of 6. There shall be laid before the Secretary of State, to-
º: i.e. gether with, or in addition to, every such notice, evidence
### tº that there are appended to it the genuine signatures of at
OUllſ * pp. g gnatures
tors, &c. least one-fourth in number of all the electors in the county
or city named in it, —and that such notice has been deposited
for public examination by any person, for ten days preced-
ing its being laid before the Secretary of State, in the office
of the sheriff or registrar of deeds of or in the county or city,
or in the Province of Manitoba, in any registry office in the
respective electoral districts, or in any sheriff's office in such
districts, and that two weeks' previous notice of such de-
posit has been given in two newspapers published in or
nearest to the county or city, and by at least two insertions
in each paper. 41 W., c. 16, s 6;--42 W., c. 50, s. 3.
In that case a 7. If it appears by evidence to the satisfaction of the
rººm Governor in Council that any such notice has appended to
it the genuine signatures of one-fourth or more of all the
electors in the county or city named in it, and has been duly
deposited as aforesaid, after notice as aforesaid, the Gover-
nor in Council may issue a proclamation under this part of
this Act. 41 W., c. 16, s. 7.
Proclamation S. Such proclamation shall be inserted at least three
.*P* times in the Canada Gazette, and three times in the official
tº Gazette of the Province in which the county or city is situ-
ated. 41 W., c. 16, s. 8.
Contents 9. In such proclamation there may be set forth,
thereof (a.) The notice in full, with the proposed petition em-
Notice. bodied in it ; w -
Signatures. (b.) The number of the signatures to the notice ;
Day of poll. (c.) The day on which the poll for taking the votes of the
- electors for and against the petition will be held ; -
Hours. (d) That such votes will be taken between the hours of
nine o'clock in the forenoon and five o'clock in the afternoon
of that day, by ballot;
Returning (e.) The name of the sheriff, registrar or other person.
officer. ... • . e º
appointed returning officer for the purpose of taking, on
that day, the votes of the electors for and against the peti-
1402
1886. The Canada Temperance Act. Chap. 106. 3.
tion, and of afterwards summing up the same and making
a return of the result to the Governor in Council : -
(f) The power of the returning officer to appoint a deputy Deputies.
returning officer at and for each polling place or station ;
(g.) The place where, and the day and hour when, the Representa-
returning officer will appoint persons to attend at the vari-"
ous polling stations, and at the final summing up of the
votes on behalf of the persons interested in, and promoting
or opposing respectively, the adoption of the petition ;
(h.) The place where, and the day and hour when, the Place and
votes of the electors will be summed up, and the result of #.
the polling declared by the returning officer; .* º ºs
(i.) The day on which, in the event of the petition being Date when
adopted by the electors, the second part of this Act will go :*. #.
into force in the county or city in question ; force.
And any such further particulars with respect to the taking General mat-
and summing up of the votes of the electors as the Gover- *
nor in Council sees fit to insert therein :
2. No polling of votes under this Act shall be held in any ºn
city or county on the same day that any election takes place certain days.
in such city or county for a member to serve in the Parlia-
ment of Canada or in the local Legislature of any of the Pro-
Vinces of Canada. 41 W., c. 16, s. 9.
Returning Officers and their Duties.
19. Either the sheriff or the registrar of deeds, or one of Who may be
the sheriffs, or one of the registrars of deeds, for the county *:::::::::::::
or city, or for a portion of the county or city in which the cers.
poll is to be held, or the nearest sheriff or registrar, or any
other person, may be appointed returning officer in any case
under this part of this Act; and the naming of any person
in any proclamation issued under this Act shall be a sufficient
appointment and sufficient evidence of the appointment of
such person as returning officer for the purposes mentioned
in the proclamation. 41 W., c. 16, s. 10.
II. On receiving a copy of the proclamation, the returning .
officer shall forthwith indorse thereon the date on which jº.
he receives the same ; and before taking any further action
thereon he shall take, before a justice of the peace, the oath.
of office in the form B in the schedule to this Act. 41 W.,
c. 16, s. 11.
12. All persons qualified to vote at the election of a mem- Qualificatiºn
ber of the House of Commons, in the county or city to which “”
any proclamation issued under this Act relates, on the day on
which a poll is held in compliance with such proclamation,
and no others, shall be qualified to vote and to have their
votes polled on that day, for Ör against the adoption of the
petition mentioned in such proclamation. 41 W., c. 16, S. 12.
1403
4 Chap. 106. The Canada Temperance Act. 49 WICT.
.#, 13. The returning officer shall ascertain from the lists of
jº, voters which, under the provisions of this Act, are to be
º ºlified used at the polling of votes—and, in any county or city
O WOte. where there are voters entitled to vote but there are no lists
of voters, from such other information as is within his reach
—the number of, or probable number of persons qualified to
vote in each town, parish, township, local municipality or
other locality in the county, or ward in the city where voters
. º: are so entitled to vote; and if such town, parish, township,
...:” local municipality or other locality or such ward, has not
tricts. been subdivided for electoral purposes into polling districts
by the Legislature, or by the local authorities under the legis-
lation of the Province wherein such county or city is situate,
or by the returning officer at the then last election of a
member of the House of Commons in the county or city, he
shall subdivide such town, parish, township, local munici-
pality or other locality in the county, or ward in the city,
into polling districts in a convenient manner, so that there
shall be at least one polling district for every two hun-
And fix a poll- dred voters; and he shall also fix a polling station in a cen-
jº"... tral and convenient place in each polling district; and the
poiling dis returning officer may, in his discretion, grant such additional
trict. polling places in such polling districts as the extent of the
district and the remoteness of any body of its voters from
the polling place renders necessary, although the voters
thereof are less than the number above specified. 41 W.,
c. 16, s. 13, part.
Returning 14. The returning officer shall, eight days at least before
:::::::A; the day on which the poll for taking the votes of the electors
dicating poll-for and against the petition is to be held, by a notice under
.##;"; his hand, indicate, with reference to the holding of such
polling dis- poll, the several polling stations fixed by him, and the ter-
trictS. ritorial limits to which they shall respectively apply, and
shall cause the said notice to be posted up at four of the
most prominent and conspicuous places in each polling dis-
trict. 41 W., c. 16, s. 13, part.
.* 15. Every person so appointed returning officer shall—
Deputies. (a.) Appoint, by a commission under his hand, in the
sform C in the schedule to this Act, one deputy returning
officer for each polling district comprised in the county or
city, who shall, before acting as such, take before the return-
ing officer or a justice of the peace, the oath of office, in the
form D in the schedule to this Act;
Lists of (b.) Furnish each deputy returning officer with a copy
Voters. of the list or of such portion of the list of voters as contains
the names, arranged alphabetically, of the electors qualified
to vote at the election of a member of the House of Com-
mons, at the polling station for which he is appointed,—
such copy being first certified by himself or by the proper
custodian of the lists from which such copies are taken ;
1404
1886. . The Canada Temperance Act. Chap. 106. 5.
(c.) Deliver to each deputy returning officer, eight days Ballot boxes.
at least before the polling day, a ballot box to receive the
ballot papers of the voters, which ballot box shall be made
of some durable material, with one lock and key, and a slit
or narrow opening in the top, and so constructed that the
ballot papers may beintroduced therein, but cannot be with-
drawn therefrom, unless the box is unlocked ;
(d.) Furnish each deputy returning officer with a suf Ballot papers.
ficient number of ballot papers (all being of the same descrip-
tion, and as nearly as possible alike) to supply the number
of voters on the list of such polling district, and with the
necessary materials for voters to mark their ballot papers;
(e.) Furnish to each deputy returning officer, at least Directions.
ten copies of printed directions, for the guidance of voters
in voting, which printed directions the deputy returning
officer shall, before or at the opening of the poll, on the day
of polling, cause to be posted up in some conspicuous places
outside of the polling station, and also in each compartment
of the polling station. 41 W., c. 16, s. 14.
16- The returning officer shall obtain the different lists of Qbtaining
voters, or copies or extracts thereof, from the registrars, city or * * *
town clerks, clerks of the peace, clerks of the municipalities
or such other officers as are, by law, the proper custodians
of such lists, or of duly certified duplicates or copies there-
of ; and the lists of voters which would be used at an elec-
tion of a member of the House of Commons, in the same
district at the same time, shall be the lists of voters which
shall be used at every polling of votes under the provisions
of this Act; and every such officer who omits or refuses to Penalty for
furnish such lists, copies or extracts of the voters' lists, #.
within a reasonable time, to the returning officer requiring *
the same, shall incur a penalty not exceeding two thousand
dollars and not less than two hundred dollars. 41 W., c. 16,
s. 15. .
17. Whenever the returning officer fails to furnish to the If ballot box
Jeputy returning officer in any polling district, the ballot ..."
box within the time prescribed by this Act, such deputy º
returning officer shall cause one to be made. 41 W., c. 16,
s. 16.
18. The ballot of each voter shall be a printed paper, in Form of bal-
this Act called a ballot paper, with a counterfoil, and the ****
ballot paper and counterfoil shall be according to the form
E in the schedule to this Act. 41 W., c. 16, s. 17.
19. The printed directions to be furnished to the deputy Form of direc-
returning officers shall be according to the form F in the *
schedule to this Act. 41 W., c. 16, s. 18.
20. At the place and time named for that purpose in the Appointment
& g sº of agents in
proclamation, the retumingº shall, by an instrument ...
Chap. 106. The Canada Temperance Act. 49 WICT.
Form of oath
of person to
be appointed
agent.
Iment.
Appointment
; oath of
Substitute for
agent.
Provision re-
specting at-
tendance of
agents.
Polls to be
held; votes by
ballot.
Agent to pro-
duce appoint-
in writing, signed by him, appoint from and out of such
persons as apply to him to be so appointed, one person to
attend at each polling station, and two persons to attend at
the final summing up of the votes, as agents on behalf of
the persons interested in and desirous of promoting the
adoption of the petition, and one person to attend at each
polling station, and two persons to attend at the final sum-
ming up of the votes, as agents on behalf of the persons
interested in and desirous of opposing the adoption of the
petition. 41 W., c. 16, s. 19.
21. Before any person is so appointed, he shall make and
subscribe before the returning officer or any deputy return-
ing officer, a declaration, in the form G in the schedule to
this Act, to the effect that he is interested in and desirous
of promoting, or of opposing, as the case may be, the adop-
tion of the petition. 41 W., c. 16, s. 20.
22. Every person so appointed, before being admitted to
the polling station, or to the final summing up of the votes,
as the case may be, shall produce to the deputy returning
officer his written appointment. 41 W., c. 16, s. 21. -
23. In the absence of any person authorized, as aforesaid,
to attend at any polling station, or at the final summing up
of the votes, any elector in the same interest as the person
so absent may, upon making and subscribing before the
deputy returning officer at the polling station, or the return-
ing officer at the final summing up of the votes, as the case
may be, a declaration in the form G in the schedule to this
Act, be admitted to the polling station, or to the final sum-
ming up of the votes, as the case may be, to act for the per-
son so absent. 41 W., c. 16, s. 22.
24. Whenever in this part of this Act any expressions are
used, requiring or authorizing any act to be done, or in-
ferring that any act or thing is to be done in the presence
of the agents of the persons interested, such expressions
shall be deemed to refer to the presence of such agents as
are authorized to attend, and as have, in fact, attended at
the time and place where such act or thing is being done ;
and the non-attendance of any agents or agent at such time
and place shall not, if the act or thing is otherwise duly
done, invalidate in any wise the act or thing done. 41 W.,
c. 16, s. 23. - -
The Poll.
25. On the day and at the hour fixed by proclamation, a
poll shall be held at each polling station in such county or
city, and the votes shall be taken by ballot. 41 W., c. 16,
s. 24.
1406
1886 The Canada Temperance Act. Chap. 106. 7
26. The poll shall be held in each polling district in a Description of
room or building of convenient access, with an outside door tº
for the admittance of the voters, and having, if possible, shall be held.
another door through which they may leave after having
voted; and one or two compartments shall be made within
the room, so arranged that each voter may be screened from
observation, and may, without interference or interruption,
mark his ballot paper. 41 V., c. 16, s. 25.
27. Each deputy returning officer shall open the poll Hours for
assigned to him at the hour of nine of the clock in the fore- i. º
noon, and keep the same open until five of the clock in the g pollS.
afternoon; and shall, during that time, receive, in the man-
ner hereinafter prescribed, the votes of the electors duly
Qualified to vote at such polling place. 41 W., c. 16, s. 26.
28. In addition to the deputy returning officer, such per- Who may be
sons as have been appointed or admitted under this Act, as ; the
agents, and no others, shall be permitted to remain in the votes.
room where the votes are given, during the time the poll
remains open. 41 W., c. 16, s. 27.
29. Every agent, on being admitted to the polling sta-Agent's oath
tion, shall take an oath to keep secret the space on the ballot **Y.
paper in which any of the voters marks his ballot paper in
his presence, as hereinafter required; which oath shall be in
the form H in the schedule to this Act. 41 W., c. 16, s. 28.
$9. At the hour fixed for opening the poll the deputy Opening, ex-
returning officer shall, in the presence of such of the electors ...; º
-> g ballot
and agents as are present, open the ballot box and ascertain box.
that there are no ballots or other papers in the same, after
which the box shall be locked, and the deputy returning
officer shall keep the key thereof 41 W., c. 16, s. 29.
31. Immediately after the ballot box is locked, as above Calling
provided, the deputy returning officer shall call upon the Voters.
electors to vote. 41 W., c. 16, s. 30.
32. Each elector shall vote at the polling station of the Where elec-
polling district in which he is qualified to vote, and no ...”
other; and the deputy returning officer shall secure the ad-
mittance of every elector into the polling station, and see
that he is not impeded or molested at or about the polling
station. 41 W., c. 16, s. 31.
33. The returning officer, on the request of any elector Provision as
entitled to vote at one of the polling stations, who is ap- #:
pointed deputy returning officer, or who is appointed to or agent en-
attend as agent at a polling station other than the one where * * *
he is entitled to vote, shall give to such elector a certificate
that such elector is entitled to vote at such polling of votes at
1407
Chap. 106. The Canada Temperance Act. 49 WICT.
the polling station where such elector is stationed during the
polling day; and on the production of such certificate such
elector shall have the right to vote at the polling station
where he is placed during the polling day, instead of at the
Proviso.
Proceedings
preparatory
to voting.
Elector may
be sworn.
Deputy
returning
officer to in-
struct elector.
Declaration
and form of
oath of voter
where no lists
of voters are
required by
law.
polling station of the polling district where he would other-
wise have been entitled to vote; but no such certificate shall
entitle any such elector to vote at such polling station unless
he has been actually engaged as such deputy returning officer
or agent during the day of polling. 41 W., c. 16, s. 32.
$4. Each elector, being introduced, one at a time for each
compartment, into the room where the poll is held, shall
declare his name, surname and addition, which shall be
entered or recorded in the voters' list to be kept for that
purpose by the deputy returning officer, and if the same is.
found on the list of electors for the polling district of such
polling station, he shall receive from the deputy returning
officer a ballot paper, on the back of which such deputy re-
turning officer has previously put his initials, so placed that
when the ballot is folded they can be seen without opening
it, and on the counterfoil to which he has placed a number
corresponding to that opposite the voter's name on the voters'
list : ..
2. Such elector, if required by the deputy returning officer,
or by any elector or agent, as aforesaid, present, shall, before
receiving his ballot paper, take the oath or oaths of qualifi-
cation required by the laws in force in the Province where
the election is held, from a voter at the election of a member
of the House of Assembly of that Province ; the words
“House of Commons of Canada” being in such case sub-
stituted for “House of Assembly,” or such other change being
made as is required to make the oath applicable to the elec-
tion of a member of the House of Commons of Canada, ~and
which oath the deputy returning officer is hereby author-
ized to administer :
3. The deputy returning officer shall instruct him how and
where to affix his mark, and how to fold his ballot paper,
but without enquiring or seeing whether the elector intends
to vote for or against the petition, except in the case provided
for in section thirty-nine of this Act. 41 W., c. 16, s. 33
35. If the county or city is one in or for which the elec-
tion law of the Province where such county or city is situate
does not require lists of voters to be made to entitle them to
vote, any elector claiming his ballot paper shall declare his
name, surname, addition and qualification, which shall be
entered on a list kept for that purpose by the deputy return-
ing officer; and before receiving his ballot paper such elector
may be required by the deputy returning officer, or by any
elector or agent present, to take the oath of qualification re-
quired by the law in force in such Province from a voter at
the election of a member of the House of Assembly; the
1408
1886. The Canada Temperance Act. Chap. 106. 9
words “House of Commons of Canada’’ being in such case
substituted for “House of Assembly,” or such other change
being made as is required to make the oath applicable to the
election of a member of the House of Commons of Canada,
and which oath the deputy returning officer is hereby author-
ized to administer, 41 W., c. 16, s. 34.
36. The elector, on receiving the ballot paper, shall forth- Mode of
with proceed into one of the compartments of the polling "%
station and there mark his ballot paper, making a cross in
any part of the upper space if he votes for the petition, and
in any part of the lower space if he votes against the petition,
after which he shall fold it up so that the initials on the back
can be seen without opening it, and hand it to the deputy
returning officer, who shall, without unfolding it, ascertain
by examining his initials and the number upon the counter-
foil, that it is the same that he furnished to the elector, and
shall first detach and destroy the counterfoil, and shall then
immediately, and in the presence of the elector, place the
ballot paper in the ballot box. 41 W., c. 16, s. 35.
37. Every elector shall vote without undue delay, and Electors to
shall quit the polling station so soon as his ballot paper has yºu."
been put into the ballot box. 41 W., c. 16, s. 36.
38. No elector shall be allowed to take his ballot paper Ballot paper
out of the polling station; and every one who does so shall º : of
incur a penalty not exceeding two hundred dollars, and not stion.
less than fifty dollars. 41 W., c. 16, s. 37.
39. The deputy returning officer, on application of any Case of voter
voter who is unable to read or is incapacitated by blindness ...º
or other physical cause from voting in the manner pre- voting paper
scribed by this Act, shall assist such voter by marking his provided for.
ballot paper in the manner directed by such voter, in the
presence of the sworn agents or of the sworn electors re-
presenting them in the polling station, and of no other per-
son, and by placing such ballot paper in the ballot box:
2. The deputy returning officer shall require the voter Such voter to
making such application, before voting, to make oath of his * *
incapacity to vote without such assistance, in the form fol-
lowing :-
“I solemnly swear (or if he is one of the persons entitled Form of oath.
by law to affirm in civil cases, solemnly affirm) that I am
unable to read and to understand the ballot papers so as to
mark the same (or that I am incapacitated by physical cause
from voting as the case may be) without the assistance of the
deputy returning officer :” -
3. Whenever the deputy returning officer does not un-Interpreter to
derstand the language spoken by any elector claiming to .
vote, he shall swear an interpreter, who shall be the means
of communication between him and such elector, with re-
ference to all matters required to enable such elector to vote:
1409
10 Chap. 106. The Canada Temperance Act. 49 WICT.
Bºº R. 4. The returning officershall cause a list to be kept of the
..s.” names of voters whose ballot papers have been so marked,
in pursuance of this section, with the reason why each ballot
paper was so marked:
List of such 5. The deputy returning officer shall enter opposite the
sº ** names of the voters whose ballots have been so marked, in
addition to what is required in the next following section
of this Act, the reason why each ballot paper was marked
by him. 41 W., c. 16, ss 38 and 39.
Entry of 40. The deputy returning officer shall enter on the voters'
º list to be kept by him (in the form I in the schedule to this
on voters’ Act), opposite the name of each elector voting, the word
lists. “Woted,” as soon as his ballot paper has been deposited in
the ballot. box; and he shall enter on the same list the
word “Sworn’’ or “Affirmed ” opposite the name of each
elector to whom the oath or affirmation of qualification has
been administered, and the words “Refused to be sworn,” or
“Refused to affirm ' opposite the name of each elector who
has refused to take the oath or to affirm. 41 W., c. 16, s. 40.
If no voters' 41. When no lists of voters are required by the law in
º force in the county or city for which the voting takes place,
law such the deputy returning officer shall cause the name, surname,
... and addition of every voter to be entered on a list to be made
list made for and kept for that purpose ; upon which list shall be entered
*P*P* the word “Woted” opposite the name of each voter who has
voted; or “Sworn" or “Affirmed ”or “Refused to be sworn. "
or “Refused to affirm,” as the case may be, as above provided.
41 W., c. 16, s. 41.
Voter refusing 42. No voter who has refused to take the oath or affirma-
;...", tion of qualification required as aforesaid by this Act, when
vote. requested so to do, shall receive a ballot paper or be admitted
to vote. 41 W., c. 16, s. 42.
Nº. to , 43. No person shall vote more than once at the same
V. e - º º º
... polling of votes under the provisions of this Act. 41 W.,
c. 16, s. 43.
Sase of elec- 44. If a person, representing himself to be a particular
... ..., elector named on the register or list of voters, applies for a
has voted. ballot paper after another person has voted as such elector,
the applicant, upon taking the oath in the form J in the
schedule to this Act, and otherwise establishing his identity
to the satisfaction of the deputy returning officer, shall be
entitled to receive a ballot paper, on which the deputy re-
turning officer shall put his initials, together with a number
corresponding to a number entered on the list of voters
opposite the name of such voter,-and he shall thereupon be
entitled to vote in like manner as any other elector:
1410
1886. The Canada Temperance Act. Chap. 106. 11
2. The name of such voter shall be entered on the list of Entry on list.
voters, and a note shall be made of his having voted on a
second ballot issued under the same name, and of the oath
or affirmation of qualification having been required and
made, as well as of any objections made by any of the agents.
41 W., c. 16, S. 44. , -
45. A voter who has inadvertently dealt with the ballot Elector spoil-
paper given him, in such manner that it cannot be con- ;..."
veniently used, may, on delivering the same to the deputy º
returning officer, obtain another ballot paper in the place another.
of that so delivered up. 41 W., c. 16, s. 45. º
Proceedings after close of the Poll.
46. Immediately after the close of the poll, the deputy Counting of
returning officer shall, in the presence of the agents, and º:
if the agents are absent, then in the presence of at least three ingofficer.
electors, open the ballot box and proceed to count the num-
ber of votes given for and against the petition,-and in doing
so he shall reject all ballot papers which have not been
supplied by the deputy returning officer, and all those upon
which there is any writing or mark by which the voter
could be identified. 41 W., c. 16, S. 46.
47. The other ballot papers being counted, and lists kept Duty of de-
of the number of votes given for and of the number of votes ..."
e - * = & e g officer
given against the petition, and of the number of rejected after count-
ballot papers, all the ballot papers indicating the votes given "& " ".
for and the votes given against the petition, respectively,
shall be put into separate envelopes or parcels, and those
rejected, those spoiled and those unused, shall also be put,
respectively, into separate envelopes or parcels, and all such
parcels, being indorsed so as to indicate their contents, shall
be put into the ballot box. 41 W., c. 16, s. 47.
48. The deputy returning officer shall take a note of any Objections to
objection made by any agent or any elector present to any "P"P*
ballot paper found in the ballot box, and shall decide any
question arising out of the objection; and the decision of such
deputy returning officer shall be final, subject only to reversal
on a scrutiny as hereinafter provided. 41 W., c. 16, S. 48.
49. Each objection to a ballot paper shall be numbered, To be num-
and a corresponding number placed on the back of the ballot ..."
paper, and initialed by the deputy returning officer. 41 W.,
c. 16, s. 49. -
50. The deputy returning officer shall make out a state- Statement to
ment of the accepted ballot papers, of the number of votes ...";
given each way, of the rejected ballot papers, of the spoiled returning
and returned ballot papers, and of those unused and re- *
1.1% 1411
Chap. 106. The Canada Temperance Act. 49 Vict.
Delivery to
returning
officer.
Oath of per-
son appointed
to deliver
ballot box.
Oath to be
annexed to
Statement.
Certificates to
agents.
Summing up
of votes by
returning
officer.
Adjournment
if ballot boxes
are missing.
Provision in
case of loss o
ballot boxes. .
turned by him ; and he shall make and keep a copy of such
statement, and inclose in the ballot box the original state-
ment, together with the voters' lists and a certificate, at the
foot of each list, of the total number of electors who voted
on such list, and such other lists and documents as have
been used at such election : * *
2. The ballot box shall then be locked and sealed, and
shall be delivered to the returning officer, who shall receive
or collect the same, and in case of his being 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 boxes to the returning officer, take the oath in
the form Kin the schedule to this Act. 41 W., c. 16, s. 50.
51. The deputy returning officer shall take the oath in
the form L in the schedule to this Act, which shall be an-
nexed to the statement above mentioned. 41 W., c. 16, s. 51.
52. The several deputy returning officers, on being re-
quested so to do, shall deliver to each of the agents, or in the
absence of such agents, to the electors present representing
them, a certificate of the number of votes given in each
interest, and of the number of rejected ballot papers. 41 W.,
c. 16, s. 52. -
Summing up the votes and returns.
53. The returning officer, at the place, day and hour ap-
pointed by the proclamation, and after having received all
the ballot boxes, shall proceed to open them in the presence
of the agents, if present, and of at least three electors if the
agents are not present, and to add together the number of
votes given in each interest, from the statements contained
in the ballot boxes returned by the deputy returning officers.
41 W., c. 16, s. 53.
54. If the ballot boxes are not all returned on the day
fixed for adding up the number of votes given, the return-
ing officer shall adjourn the proceedings to a subsequent
day,+such subsequent day not being more than a week later
than the day originally fixed, for the purpose of adding up
the votes. 41 W., c. 16, s. 54.
55. If the ballot boxes, or any of them, have been de-
stroyed or lost, or for any other reason are not forthcoming
within the delay so fixed, the returning officer shall ascer-
tain the cause of the disappearance of such ballot boxes, and
shall call on each of the deputy returning officers whose
ballot boxes are missing, or on any other person having the
same, for the lists, statements and certificates, or copies of
the lists, statements and certificates, of the number of votes
given in each interest, required by this Act, the whole verified
1412
1886. The Canada Temperance Act. Chap. 106. 13
On oath—which oath the returning officer is hereby author-
ized to administer; and if such lists or statements, or any of
them, or copies thereof, cannot be obtained, he shall ascertain,
by such evidence as he is able to obtain, the total number
of votes given in each interest at the several polling places,
and he shall make his return accordingly, and shall mention Special men.
specially in his report to be sent with the return, the cir- ***
cumstances accompanying the disappearance of the ballot
boxes, and the mode by which he ascertained the number of
votes given in each interest. 41 W., c. 16, s. 55.
56. If one half or more of all the votes polled are against Petition not
the petition, the same shall be held not to have been adopted; *P*
and the returning officer shall make his return to the Gov-
ernor in Council accordingly. 41 W., c. 16, s. 56.
57. If more than half of all the votes polled are for the Petition
petition, the same shall be held to have been adopted; and *P*.
the returning officer shall make his return to the Governor
in Council accordingly. 41 W., c. 16, s. 57.
58. Within two weeks after the summing up of the votes, Return to be
if no judge has appointed a day or place within the county sº, of
or city for entering into a scrutiny of the ballot papers, as State.
hereinafter provided for, and in case of such a scrutiny
being entered into, then forthwith after the judge has deter-
mined whether the majority of the votes given was or was
not in favor of the petition, the returning officer shall trans-
mit his return to the Secretary of State, and shall send with
it a report of his proceedings, in which he shall make any
observations he thinks proper as to the state of the ballot
boxes or ballot papers as received by him ; and in the event
of a judge having determined, after a scrutiny of the ballot
papers, that the majority of the votes given was or was not
in favor of the petition, such return shall be based upon,
and shall be conformable to such decision. 41 W., c. 16, s. 58.
59. The returning officer shall also transmit to the Secre- What shall be
tary of State, with his return, the original statements of the .
several deputy returning officers referred to in section fifty
of this Act, together with the voters' lists used in the several
polling districts, and any other lists and documents used or
required at such election, or which have been transmitted to
him by the deputy returning officers:
2. Such return and report shall be sent through the post How trans-
office, after being registered. 41 W., c. 16, s. 59. mitted.
60. The property of the ballot boxes, ballot papers, and j. Of
marking instruments procured for or used at any polling of .”
votes under this Act, shall be in Her Majesty. 41 W., c. 16,
S. 60.
11.3% 1413
14
Chap. 106. The Canada Temperance Act. 49 Vict.
A scrutiny
may be had
on applica-
tion to a
judge.
In Quebec.
In British
Columbia.
In any other
Province.
Notice of
application to
be given.
And recogniz-
ance entered
into.
Date and
place of
scrutiny.
Notice of
scrutiny.
Proceedings
upon appli-
cation for
scrutiny.
Decision
final ; costs
Scrutiny.
61. Within one week after the returning officer has sum-
med up the votes and declared the result of the voting, any
elector may apply for a scrutiny upon petition,- ,’
(a.) In the Province of Quebec, to any judge of the Superior
Court ordinarily discharging his duties in any judicial dis-
trict in which the county or city is situated, in whole or in
part ; -
(b.) In the Province of British Columbia, to a judge of
the Supreme Court of that Province, or to a judge of the
county court of any county or district within which the
county or city is situate, in whole or in part; . .
(c.) In any other Province, to the judge of the count
court of any county or district within which the county or
city for which the polling of votes takes place is situate, in
whole or in part :
2. The petitioner shall give such notice of the application
and to such persons as the judge directs, and shall show,
by affidavit to the judge reasonable grounds for entering
into a scrutiny of the ballot papers:
3. The petitioner shall also enter into a recognizance to
Her Majesty before the judge in the sum of one hundred
dollars, with two sureties, to be allowed as sufficient by the
judge upon affidavit of justification, in the sum of fifty dol-
lars each, conditioned to prosecute the petition with effect,
and to pay any costs which are adjudged against the peti-
tioner, or shall deposit with the prothonotary or clerk of
such court the sum of one hundred dollars as a security for
such costs :
4. The judge shall thereupon appoint a day and place
within the county or city for entering into the scrutiny:
5. At least one week's notice of the scrutiny shall be given
by the petitioner to such persons as the judge directs. 41 W.,
c. 16, s. 61 and s. 62, part.
62. On the day and at the hour and place appointed, the
returning officer shall attend before the judge, with the
ballot papers in his custody, and the judge upon inspecting
the ballot papers and hearing such evidence as he deems
necessary, and on hearing the parties, or such of them as
attend, or their counsel, shall, in a summary manner, deter-
mine whether the majority of the votes given was or was
not in favor of the petition to the Governor in Council.
41 W., c. 16, s. 62, part.
63. The decision of the judge shall be final, and the costs
shall be in his discretion, or he may apportion the costs as
to him seems just. 41 W., c. 16, s. 63. 4.
Secrecy of Voting.
Provisions for .64. Every officer and agent in attendance at a polling
maintenance
of secrecy.
place shall maintain and aid in maintaining the secrecy of
1414
1886. The Canada Temperance Act. Chap. 106. 15
the voting at such polling place; and shall not communi-
cate, before the poll is closed, to any person any information
as to whether any person on the voters' list has or has not
applied for a ballot paper or voted at that polling place :
2. No officer or agent, and no person whosoever, shall i.º
interfere with or attempt to interfere with a voter when tº
marking his vote, or otherwise attempt to obtain, at the
polling place, information as to how any voter at such poll-
ing place is about to vote or has voted:
3. No officer, agent or other person shall communicate, at ..."
any time, to any person, any information obtained at a polling communi.
place as to how any voter at such polling place is about to cated.
vote or has voted :
4. Every officer and agent in attendance at the counting Secrecy at
of the votes shall maintain and aid in maintaining the . * *
secrecy of the voting ; and shall not attempt to ascertain, at
such counting, or communicate any information obtained at
such counting, as to how any vote is given in any particu-
lar ballot paper : º
5. No person shall, directly or indirectly, induce any voter Inducing .
to display his ballot paper after he has marked the same, so jºr
as to make known to any person how he has so marked his ballots.
ballot paper: ,”
6. Any violation of this section shall be punishable by .
a penalty not exceeding two hundred dollars, or by imprison-" "
ment for any term not exceeding six months, with or with-
out hard labor, in default of payment of such penalty. 41 W.,
c. 16, s. 66.
Preservation of the Peace and good order.
65. Every returning officer and every deputy returning Returning
officer, from the time he takes the oath of office until the day j.
after the summing up of the votes, shall be a conservator of vators of the
the peace, invested with all the powers appertaining to a P"
justice of the peace. 41 W., c. 16, s. 71.
66. Such returning officer or deputy returning officer may May require,
require the assistance of justices of the peace, constables or ...?,
other persons present, to aid him in maintaining peace and special con-
good order at such polling; and may also, on a requisition *
made in writing by any agent, or by any two electors, swear
in such special constables as he deems necessary. 41 W.,
c. 16, s. 72.
67. Such returning officer or deputy returning officer may May arrest
tº * * * * * * * * ** * tº 4° tº * > d pla ; , disturbers of
arrest or cause to be arrested, by verbal order, and place in .
the custody of any constables or other persons, any person
disturbing the peace and good order at the polling, and may
cause such person to be imprisoned under an order signed
by him until any hour on that day, not later than the close ©
of the poll. 41 W., c. 16, s. 73. :
1415
16 Chap. 106. The Canada Temperance Act. 49 WICT.
Mºdemand 68. The returning officer or deputy returning officer may,
offensive wº g
Weapons. during any day whereon any poll is begun, holden or pro-
ceeded with, require any person within half a mile of the
polling station, to deliver to him any fire-arm, sword, staff,
bludgeon or other offensive weapon in the hands or personal
possession of such person; and any person refusing to deliver
such weapon shall be liable to a penalty not exceeding one
hundred dollars, and to imprisonment for a term not exceed-
ing three months, in default of payment of such penalty.
41 W., c. 16, s. 74.
Punishment 69. Every person convicted of a battery committed during
** any day whereon any poll is begun, holden, or proceeded
with, within the distance of two miles of the place where
such poll is begun, holden or proceeded with, is guilty of
an aggravated assault, and shall be punished accordingly.
41 W., c. 16, s. 75.
Entering poll- 70. Except the returning officer or his deputy, or one of
.* the constables or special constables appointed by the return-
gº ing officer or his deputy, for the orderly conduct of the poll
and the preservation of the public peace thereat, no person
who has not had a stated residence in the polling district
for at least six months next before the day of such polling,
shall come, during any part of the day upon which the poll
is to remain open, into such polling district armed with
offensive weapons of any kind, as fire-arms, swords, staves,
Approaching bludgeons or the like ; and no person being in such polling
H. district shall arm himself during any part of the day with
ion armed. e
any such offensive weapons, and thus armed, approach
within the distance of one mile of the place where the poll
for such polling district is held, unless called upon by law-
ful authority so to do. 41 W., c. 16, s. 76.
...” 71. No person shall, at any polling, either provide or fur-
OTS TOTO1Cl-
den. mish drink or other refreshment, at the expense of such per-
son, to any elector during such polling, or pay for, procure
or engage to pay for, any such drink or other refreshment.
41 W., c. 16, s. 77.
Flags, &c., 72. No person shall furnish or supply any ensign, stan-
#... or dard or set of colors, or any other flag, to or for any person
carried. or persons whomsoever, with the intent that the same should
be carried or used in the county or city on any day of poll-
ing under this Act, or within eight days before such day, or
during the continuance of such polling, by such person or
any other person, as a party flag, to distinguish the bearer
thereof and those who follow the same as the supporters of
the opinions entertained, or supposed to be entertained, by
* such person in either interest; and no person shall, for any
. . . reason, carry or use any such ensign, standard, set of colors
*::...: or other flag as a party flag in either interest, within any
‘. . 1416
T886. The Canada Temperance Act. Chap. 106. 17
county or city on the day of any such polling, or within
eight days before such day, or during the continuance of
such polling. 41 W., c. 16, s. 78.
73. Every person who offends against any of the provisions Punishment
of the three sections next preceding is guilty of a misde-" "
meanor, and liable to a fine not exceeding one hundred
dollars, or to imprisonment for a term not exceeding three
months, or to both, in the discretion of the court. 41 W.,
. c. 16, s. 79.
74. No intoxicating, spirituous or fermented liquors or i. of
º º - 1(juor on
strong drinks shall be sold or given at any hotel, tavern or pºiling day
shop or other place within the limits of any polling district, prohibited.
during the whole of any day on which any poll is begun,
holden or proceeded with ; and every one who violates the ºr
provisions of this section shall, for each offence, be liable to " 8,tlOll.
a penalty of one hundred dollars, and to imprisonment for
a term not exceeding six months, at the discretion of the
court or judge, in default of payment of such penalty. 41 W.,
c. 16, s. 80. -
Prevention of corrupt practices and other illegal acts.
75. The following persons are guilty of bribery, and Bribery.
shall be punishable accordingly –
(a) Every person who, directly or indirectly, by himself giving or
or by any other person on his behalf, gives, or lends or agrees lending
to give or lend, or offers or promises any money or valuable “”
consideration, or promises to procure, or to endeavor to pro-
'cure, any money or valuable consideration, to or for any
voter, or to or for any person on behalf of any voter, or to or
for any person, in order to induce any voter to vote or to
refrain from voting, or corruptly does any such act as afore-
said on account of such voter having voted or refrained
from voting at any poll under this Act;
(b.) Every person who, directly or indirectly, by himself Procuring
or by any other person on his behalf, gives or procures, or iºn.
agrees to give or procure, or offers or promises any office,
place or employment, or promises to procure or to endeavor
to procure any office, place or employment, to or for any
voter, or to or for any other person, in order to induce such
voter to vote, or to refrain, from voting, or who corruptly
does any such act as aforesaid, on account of any voter having
voted or refrained from voting at any polling under this Act :
(c.) Every person who, directly or indirectly, by himself Gifts or pro-
or by any other person on his behalf, makes any gift, loan, ... to
offer, promise, procurement or agreement, as aforesaid, to or H. º
for any person, in order to induce such person to procure .
or endeavor to procure, or to prevent or endeavor to pre- part of this
vent, the adoption of any petition under the provisions of *
this Act, or to procure or to endeavor to procure the vote
1417
I8 Chap. 106. The Canada Temperance Act. 49 WICT.
of any elector at any poll under this Act, or to prevent or
endeavor to prevent any elector from voting at any polling
under this Act ;
㺠(d) Every person who, upon or in consequence of any
such gift, loan, offer, promise, procurement or agreement,
procures or prevents, or engages or promises or endeavors.
to procure or prevent the adoption of any petition under the
provisions of this Act, or the vote of any voter at any poll
under this Act;
i. b (e.) Every person who advances or pays, or causes to be
.*.*.* paid, any money to or to the use of any other person, with
bribery. the intent that such money, or any part thereof, shall be
expended in bribery or corrupt practices at any poll under
this Act, or who knowingly pays or causes to be paid any
money to any person, in discharge or repayment of any
money, wholly or in part expended in bribery or corrupt
practices at, any poll under this Act:
Punishment 2. Every person so offending is guilty of a misdemeanor,
** and shall also incur a penalty of two hundred dollars, which
may be recovered by any one who sues for the same to and
Proviso: cer for his own use, with full costs of suit: Provided always,
* that the actual personal expenses of any agent in either
interest, his expenses for actual professional services per-
formed, and bond ſide payments for the fair cost of printing
and advertising, shall be held to be expenses lawfully incur-
red, and the payment thereof shall not be a violation of this.
Act. 41 W., c. 16, s. 81.
‘. acts, 76. The following persons are also guilty of bribery, and
rupery. shall be punishable accordingly:— -
Receiving (a.) Every voter who, before or during any polling of votes
gifts or pro- under this Act, directly or indirectly, by himself or by any
ºns other person on his behalf, receives, agrees or contracts for
any money, gift, loan or valuable consideration, office, place
or employment, for himself or for any other person, for voting
or agreeing to vote, or for refraining or agreeing to refrain.
from voting at any poll under this Act;
And after the (b.) Every person who, after any polling under this Act,
polling. directly or indirectly, by himself or by any other person on
his behalf, receives any money or valuable consideration for
having voted or refrained from voting, or for having induced
any other person to vote or refrain from voting, at any poll-
ing under this Act :
ºnent 2. Every person so offending is guilty of a misdemeanor,
offences. and shall also incur a penalty of two hundred dollars,
which may be recovered by any one who sues for the same
to and for his own use, together with full costs of suit. 41 W.,
c. 16, s. 82.
Offence of 77. Every person who, corruptly, by himself or by or
.# with any person, or by any other ways or means on his
behalf, at any time either before or during any polling of
1418 -
1886. The Canada Temperance Act. Chap. 106. 19
votes under this Act, directly or indirectly, gives or provides,
or causes to be given or provided, or is accessory to the giv-
ing or providing, or pays wholly or in part any expenses
incurred for any meat, drink, refreshment or provision, to or
for any person, in order to procure or prevent, or for having
procured or prevented, the adoption of any petition under
the provisions of this Act, or for the purpose of corruptly
influencing such person, or any other person, to give or
refrain from giving his vote at such polling of votes, is
guilty of the offence of treating, and shall incur a penalty of
two hundred dollars, which may be recovered by any one Penalty.
who sues for the same to and for his own use, with full costs
of suit, in addition to any other penalty to which he is liable
under any other provision of this Act. 41 W., c. 16, s. 83.
78. The giving or causing to be given to any voter on Giving meat
the day of polling, on account of such voter having voted or ... be
being about to vote, any meat, drink or refreshment, or any deemed an
money or ticket to enable such voter to procure refreshment, ****
shall be an unlawful act, and the person so offending shall
incur a penalty of ten dollars for each offence, which may Penalty.
be recovered by any one who sues for the same to and for
his own use, with full costs of suit. 41 W., c. 16, s. 84.
79. Every person who, directly or indirectly, by himself . º,
or by any other person on his behalf, makes use of, or ..º.”
threatens to make use of any force, violence or restraint,
—or inflicts or threatens the infliction, by himself or by
or through any other person, of any injury, damage, harm
or loss, or in any manner practises intimidation upon or
against any person, in Order to induce or compel such person
to vote or to refrain from voting, or on account of such person
having voted or refrained from voting at any polling under
this Act, or who, by abduction, duress or any fraudulent
device or contrivance, impedes, prevents or otherwise inter-
feres with the free exercise of the franchise of any voter, or
thereby compels, induces or prevails upon any voter either
to give or refraim from giving his vote at any polling under
this Act, shall be deemed to have committed the offence of Undue
---- g e * influence.
undue influence and is guilty of a misdemeanor, and shall
also incur a penalty of two hundred dollars, which may Penalty.
be recovered by any one who sues for the same to and for
his own use. with full costs of suit. 41 W., c. 16, s. 85.
89. The hiring or promising to pay or paying for any Paying for f
horse, team, carriage, cab or other vehicle, by any agent or º* º
other person in either interest, to convey any voter or voters illegal.
to or from the poll or to or from the neighborhood thereof,
at any polling of votes under this Act, or the payment by
any agent or other person in either interest of the travelling
and other expenses of any voter, in going to or returning
from any polling of votes under this Act, are unlawful acts;
- 1419 -
Chap. 106. The Canada Temperance Act. 49 WICT.
Penalty.
Personation
defined.
Punishment
for persona-
tion.
Subornation
of perjury or
personation.
Penalty.
Certain
offences to be
deemed cor-
rupt practices.
and the person who so offends shall incur a penalty of one
hundred dollars, which may be recovered by any one who
sues for the same to and for his own use; and any voter
hiring any horse, cab, cart, wagon, sleigh, carriage or other
conveyance for any such agent, for the purpose of conveying
any voter or voters to or from the polling place or places,
shall, ipso facto, be disqualified from voting at such polling
of votes under this Act, and for every such offence shall
incur a penalty of one hundred dollars, which may be
recovered by any one suing for the same to and for his own
use. 41 W., c. 16, s. 86. r
81. Every one is, for all the purposes of this Act, guilty
of the offence of personation, who, at any polling of votes
under this Act,
(a.) Applies for a ballot paper in the name of some other
person, whether such name is that of a person living or
dead, or of a fictitious person; or—
(b.) Who, having voted once at any such polling, after-
wards applies at the same polling for a ballot paper in his
own name. 41 W., c. 16, s. 67.
82. The offence of personation, or of aiding, abetting,
counselling or procuring the commission of the offence of
personation by any person, shall be punishable by a penalty
not exceeding two hundred dollars and by imprisonment
for a term not exceeding six months. 41 W., c. 16, s. 68.
83. Every agent or other person in either interest, who
corruptly, by himself or by or with any other person on his
behalf, compels or induces or endeavors to induce any per-
son to personate any voter, or to take any false oath in any
matter wherein an oath is required under this Act, is guilty
of a misdemeanor, and shall, in addition to any other punish-
ment to which he is liable for such offence, incur a penalty
of two hundred dollars which may be recovered by any one
who sues for the same to and for his own use. 41 W., c. 16,
S. 87.
84. The offences of bribery, treating or undue influence,
or any of such offences as defined by this Act, personation
or the inducing any person to commit personation, or any
wilful offence against any of the nine sections next pre-
ceding, shall be corrupt practices within the meaning of
the provisions of this Act. 41 W., c. 16, ss. 69 and 88.
Certain
offences with
respect to
ballot papers
85. Every one who,
(a.) Forges or counterfeits, or fraudulently alters, defaces
or fraudulently destroys, any ballot paper or the initials of
the deputy returning officer signed thereon, or—
(b.) Without authority supplies any ballot paper to any
person, or—
1420
1886. The Canada Temperance Act. Chap. 106. 21
(c.) Fraudulently puts into any ballot box any paper other
than the ballot paper which he is authorized by law to put
In, Or—
(d.) Fraudulently takes out of the polling place any ballot
paper, or—
(e.) Without due authority destroys, takes, opens or other-
wise interferes with any ballot box or packet of ballot papers
then in use for the purposes of the poll, or—
(f) Attempts to commit any offence specified in this sec-
tion,-- .
Is guilty of a misdemeanor and liable, if he is a returning How punish-
officer, deputy returning officer or other officer engaged at ".
the polling, to a fine not exceeding one thousand dollars, or
to imprisonment for any term less than two years, with or
without hard labor, in default of payment of such fine; and
if he is any other person, to a fine not exceeding five hun-
dred dollars, or to imprisonment for any term not exceeding
six months, with or without hard labor, in default of pay-
ment of such fine. 41 W., c. 16, s. 64.
86. Every returning officer or deputy returning officer Penalty fºr
who refuses or neglects to perform any of the obligations or §'.
formalities required of him by this Act, shall, for each such election
refusal or neglect, incur a penalty of two hundred dollars, *
which may be recovered by any person who sues for the
same to and for his own use. 41 W., c. 16, s. 91.
87. Every officer who is guilty of any wilful misfeasance Contraven-
is * & te wº & - * * ;s tion by elec-
or any wilful act or omission in violation of this part of this #. §.
Act, shall forfeit to any person aggrieved by such misfeasance, tº punish-
act or omission, a penal sum not exceeding five hundred “”
dollars, in addition to the amount of all actual damages
thereby occasioned to such person. 41 W., c. 16, s. 65.
Procedure.
88. All penalties and forfeitures (other than fines in cases Enforcement
of misdemeanor) imposed by this part of this Act, shall be *P*
recoverable or enforceable, with full costs of suit, by any per-
son who sues for the same by action of debt or information,
in any court of competent jurisdiction in the Province in
which the cause of action arises; and in default of payment
of the amount which the offender is condemned to pay,
within the period fixed by the court, the offender shall be im-
prisoned in the common gaol of the county or district for any
term less than two years, unless such penalty and costs are
Sooner paid : 41 W., c. 16, s. 92.
2. No action or information for the recovery of any such No suit for
penalty or forfeiture shall be commenced unless the person º
suing for the same has given good and sufficient security, less security
to the amount of fifty dollars, to indemnify the defendant for ..." for
the costs occasioned by his offence, if the person suing is
condemned to pay the same.
1421
Q4)
Chap. 106. The Canada Temperance Act. 49 WICT.
* -
What it shall
Sºffice to state
in declaration.
Time for
bringing .
action or Suit
liumited.
Mistakes of
form only not
fatal.
No excuse of
privilege, &c.,
allowed for
In Ot, allSWer-
ing questions.
Such evidence
not to be used
against the
witness.
Contracts or
promises rela-
ting to poll-
ing of votes
under this
Act to be
void.
S9. It shall be sufficient for the plaintiff, in any action or
suit under this Act, to allege, in his pleading or declaration,
that the defendant is indebted to him in the sum of money
thereby demanded, and to allege the particular offence in
respect of which the action or suit is brought, and that the
defendant has acted contrary to this Act. 41 W., c. 16, S. 93.
$90. Every prosecution for any misdemeanor under this
part of this Act, and every action, suit or proceeding for any
pecuniary penalty given by this Act to the person suing for
the same, shall be commenced within the space of six months
next after the act committed, and not afterwards, unless the
same is prevented by the withdrawal or absconding of the
defendant out of the jurisdiction of the court, and when
commenced, shall be proceeded with and carried on without
wilful delay. 41 W., c. 16, S. 94. -
General Provisions.
91. No polling of votes under this Act shall be declared
invalid by reason of a non-compliance with the rules con-
tained in this Act, as to the taking of the poll or the count-
ing of the votes, under the provisions of this Act, or of any
mistake in the use of the forms contained in the schedules
to this Act, if it appears to the tribunal having cognizance
of the question that the polling of votes was conducted in
accordance with the principles laid down in this Act, and
that such non-compliance or mistake did not affect the result
of the polling. 41 W., c. 16, s. 70.
92. No person shall be excused from answering any ques-
tion put to him in any action, suit or other proceeding in
any court, or before any judge, commissioner or other tribu-
mal, touching or concerning any polling of votes under this
Act, or the conduct of any person thereat, or in relation
thereto, on the ground of any privilege, or on the ground that
the answer to such question will tend to criminate such per-
son ; but no answer given by any person claiming to be
excused on the ground of privilege, or on the ground that
such answer will tend to criminate himself, shall be used in
any criminal proceeding against such person, other than an
indictment for perjury, if the judge, commissioner or presi-
dent of the tribunal gives to the witness a certificate that
he claimed the right to be excused on either of the grounds
aforesaid, and made full and true answers to the satisfaction
of the judge, commissioner or tribunal. 41 W., c. 16, s. 89.
93. Every executory contract, or promise or undertaking,
in any way referring to, arising out of, or depending upon,
any polling of votes under this Act, even for the payment of
lawful expenses or the doing of some lawful act, shall be void
in law; but this provision shall not enable any person to
1422
1886. The Canada Temperance Act. Chap. 106. 23
recover back any money paid for lawful expenses connected
with such polling. 41 W., c. 16, S. 90.
EFFECT OF DECISION.
94. When, in any county or city, one half or more of all Effect of nºn-
the votes polled have been against the adoption of any peti- sº of
tion embodied, as aforesaid, in any notice and in any proclama-
tion under the first part of this Act, no similar petition
shall be put to the vote of the electors of such county or city
for a period of three years from the day on which such vote
was taken. 41 W., c. 16, S. 95.
95. When any petition embodied, as aforesaid, in any If petition is
motice and in any proclamation under this part of this Act, : ºf
has been adopted by the electors of the county or city named this Act may
therein and to which the same relates, the Governor in ;
Council may, at any time after the expiration of sixty days Qrder in
from the day on which the same was adopted, by Order in "".
Council published in the Canada Gazette, declare that the
second part of this Act shall be in force and take effect in such
county or city upon, from and after the day on which the
annual or semi-annual licenses for the sale of Spirituous
liquors then in force in such county or city will expire, pro-
vided such day is not less than ninety days from the day of
the date of such Order in Council; and if it is less, then on
the like day in the them following year; and upon, from and
after that day, the second part of this Act shall become and
be in force and take effect in such county or city accordingly:
2. If, in any county or city, there are no licenses in force ºf there are no
when the petition mentioned in the first part of this Act is . . .
adopted, the second part of this Act shall become and be in county or
force and take effect in such county or city after the expira- *
tion of thirty days from the day of the date of such Order in
Council to that effect, published in the Canada Gazette.
41 W., c. 16, s. 96;-47 W., c. 31, s. 1.
96. No Order in Council issued under this Act shall be No Order i.
revoked until after the expiration of three years from the day º
of the coming into force under it of the second part of this three years,
Act, nor until a petition to the Governor in Council, praying ºnly
for such revocation, has been embodied in a notice in writing petition, nº
addressed to the Secretary of State and signed by one fourth º
or more of the whole number of the electors then qualified c
and competent to vote at the election of a member of the
House of Commons, in the county or city named in such
Orderin Council, and such proceedings have been had thereon
as are, by this Act, required to be had on a notice and petition
for the bringing of the second part of this Act into force, and
more than one half of all the votes polled have been found
to be for the petition for the revocation of such Order in
Council; and each and all of the provisions of the preceding
1423
24
Chap. 106. The Canada Temperance Act. 49 WICT.
Application
of provisions
of the pre-
ceding sec-
tions.
Proceedings
for repeal of
by-law under
Temperance
Act, 1864.
sections of this Act shall apply, mutatis mutandis, to every
case of a petition and notice for the revocation of an Order
in Council under this section, and to the proceedings to be
had and taken thereon, and in respect to the powers to be
exercised and the offences that may be committed, and the
penalties that may be incurred in the course of and in Con-
nection with such proceedings. 41 W., c. 16, S. 97.
REPEAL OF BY-LAWS PASSED UNDER THE TEMPERANCE ACT
OF 1864, AND REPEAL OF CERTAIN SECTIONS OF THAT ACT.
97. If a petition to the Governor in Council, praying for
the repeal of a by-law passed by the council of any county
or city in the Provinces of Ontario or Quebec under the
authority and for the enforcement of the Act of the Legis-
lature of the late Province of Canada, passed in the session
thereof held in the twenty-seventh and twenty-eighth years
of Her Majesty's reign, chaptered eighteen, and known as
“The Temperance Act of 1864,” is embodied in a notice ad-
dressed to the Secretary of State and signed by one fourth or
more of the electors of such county or city, and such proceed-
ings are had thereon as are, by this Act, required to be had on
a notice and petition for bringing the second part of this Act
into force, and more than one half of the votes polled are found
to be for the petition, the Governor in Council may, by Order
in Council, repeal such by-law, and thereupon such by-law
shall become and be repealed, upon, from and after the day
Application
of provisions
of preceding
sections.
Repeal of cer-
tain sections
of Temper-
ance Act,
1864, as to
certain muni-
cipalities.
As to munici-
palities in
which a by-
law has been
passed.
Proviso: if
Such muni-
cipality is
of the publication of such Order in Council in the Canada
Gazette ; and each and all of the provisions of the preceding
sections of this Act shall apply, mutatis mutandis, to every
case of a petition and notice for the repeal of any such by-law,
and to the proceedings to be had and taken thereon, and in
respect to the powers to be exercised, and the offences that
may be committed, and the penalties that may be incurred
in the course of and in connection with such proceedings.
41 W., c. 16, s. 98.
98. Sections one to ten, both inclusive, of the said “ Tem-
perance Act of 1864,” are repealed as to every municipality
within the limits of the said late Province of Canada in
which no by-law passed and approved, or adopted and passed
under the authority and for the enforcement of the said Act,
is in force : -
2. As to every municipality within the limits of the said
late Province of Canada in which a by-law passed and ap-
proved, or adopted and passed, under the authority and for
the enforcement of the said Act is in force, the said sections
of the said Act shall be repealed forthwith, upon, from and
after the day next following the day on which such by-law is
repealed under the provisions of the said Act, or of this Act :
3. Provided always, that if such municipality is included
in the limits of, or has the same limits as any county or city
1424
1886. The Canada Temperance Act. Chap. 106. 25
in which the second part of this Act is brought into force º ;
before the repeal of such by-law, then such by-law shalliº”
thereupon ipso facto become and be null and Void and of no º of
effect whatsoever, and the said sections, shall be repealed, ºught into
upon, from and after the day on which the said second part force.
of this Act comes into force and takes effect in such county
or city. 41 W., c. 16, s. 3, part —42 W., c. 50, s. 1.
SECOND PART.
PROHIBITION OF TRAFFIC IN INTOXICATING IIIQUORS.
99. From the day on which this part of this Act comes No liquor to
into force and takes effect in any county or city, and for so ...”
long thereafter as the same continues in force therein, no per- where this
son shall, within such county or city, by himself, his clerk, ºis
servant or agent, expose or keep for sale, or directly or in-force, except
directly, on any pretence or upon any device, sell or barter, ..."
or in consideration of the purchase of any other property, purposes.
give to any other person any intoxicating liquor:
2. No act done in violation of this section shall be ren- Possession
dered lawful by reason of- #ºol
(a.) Any license issued to any distiller or brewer ; or— to render act
(b.) Any license for retailing on board any steamboat or lawful.
other vessel, brandy, rum, whisky, or other spirituous liquors,
wine, ale, beer, porter, cider, or other vinous or fermented
liquors; or— -
(c.) Any license for retailing on board any steamboat or
other vessel, wine, ale, beer, porter, cider, or other vinous or
fermented liquors, but not brandy, rum, whisky or other
spirituous liquors; or—
(d) Any license of any other description whatsoever :
3. Provided always, that the sale of wine for exclusively ºf
sacramental purposes may, on the certificate of a clergyman jatal
affirming that the wine is required for sacramental purposes, purposes.
be made by druggists and vendors thereto specially licensed
by the Lieutenant Governor in each Province ; but the
number of such licensed druggists and vendors shall not
exceed one in each township or parish, or two in each town,
or one for every four thousand inhabitants in each city :
4. Provided also, that the sale of intoxicating liquor for And for
exclusively medicinal purposes or for bond ſide use in some art, ..mi-
trade or manufacture, may be made by such licensed drug- cal purposes.
gists and vendors; but such sale, when for medicinal purposes,
shall be in quantities of not less than one pint, to be removed
from the premises, and shall be made only on the certificate
of a medical man having no interest in the sale, affirming
that such liquor has been prescribed for the person named
therein; and when such sale is for its use in some art, trade Certificate to
or manufacture, the same shall be made only on a certificate, be Pºº".
signed by two justices of the peace, of the good faith of the
- 1425
26
Chap. 106. The Canada Temperance Act. 49 WICT.
Annual re-
turn to be
furnished.
Distiller, or
brewer, &c.,
may sell
liquor of his
OWE! On 8.0 Ul-
facture in
wholesale
quantities
and to certain
persons only.
As to sales by
vine-growing
companies.
As to sales by
manufactur-
ers of pure
native wines.
Merchants
and traders
may sell
liquor in
wholesale
quantities
and to cer-
application, accompanied by the affirmation of the applicant,
that the liquor is to be used only for the particular purposes
set forth in the affirmation; and such druggist or vendor shall
file the certificates and keep a register of all such sales, indi-
cating the name of the purchaser and the quantity sold, and
shall make an annual return of all such sales, on the thirty-
first day of December in every year, to the collector of inland
revenue within whose revenue division the county or city
is situated : -
5. Provided also, that any producer of cider in the county
may, at his premises, and any licensed distiller or brewer,
having his distillery or brewery within any county or city,
may, at such distillery or brewery, expose and keep for sale
such liquor as he manufactures thereat, and no other ; and
may sell the same thereat, but only in quantities not less
than ten gallons, or in the case of ale or beer, not less
than eight gallons at any one time, and only to druggists
and vendors licensed as aforesaid, or to such persons as he
has good reason to believe will forthwith carry the same
beyond the limits of the county or city, and of any adjoin-
ing county or city in which this part of this Act is then in
force, and to be wholly removed or taken away in quanti-
ties not less than ten gallons, or in the case of ale or beer,
not less than eight gallons at a time :
6. Provided also, that any incorporated company author-
ized by law to carry on the business of cultivating and
growing vines and of making and selling wine and other
liquors produced from grapes, having their manufactory
within such county or city, may thereat expose and keep
for sale such liquor as they manufacture thereat, and no
other; and may sell the same thereat, but only in quan-
tities not less than ten gallons at any one time, and only to
druggists and vendors licensed as aforesaid, or to such per-
sons as they have good reason to believe will forthwith
carry the same beyond the limits of the county or city and
of any adjoining county or city in which this part of this
Act is them in force, and to be wholly removed and taken
away in quantities not less than ten gallons at a time :
7. Provided also, that manufacturers of pure native wines
made from grapes grown and produced by them in Canada,
may, when authorized so to do, by license from the muni-
cipal council, or other authority having jurisdiction where
such manufacture is carried on, sell such wines at the place
of manufacture in quantities of not less than ten gallons
at one time, except when sold for sacramental or medici-
mal purposes, when any number of gallons, from one to ten,
may be sold :
8. Provided also, that any merchant or trader, exclusively
in wholesale trade and duly licensed to sell liquor by whole-
sale, having his store or place for sale of goods within such
county or city, may thereat keep for sale and sell intoxi-
cating liquor, but only in quantities not less than ten
1426
1886. The Canada Temperance Act. Chap. 106. 27
gallons at any one time, and only to druggists and vendors tain persons
licensed as aforesaid, or to such persons as he has good rea- *
son to believe will forthwith carry the same beyond the
limits of the county or city, and of any adjoining county or
city, in which this part of this Act is then in force, to be
wholly removed and taken away in quantities not less than
ten gallons at a time: - -
9. In any prosecution against a producer, distiller, brewer, Burther of
manufacturer, merchant or trader, under this section, it shall #of
lie upon the defendant to furnish satisfactory evidence of belief of in-
having good reason for believing that such liquor would . .
be forthwith removed beyond the limits of the county or liquor sold.
city, and of any adjoining county or city in which this part
of this Act is then in force, for consumption outside the
same. 41 W., c. 16, s.99.
THIRD PART.
PENALTIES AND PROSECUTIONS FOR OFFENCES AGAINST THE .
- SECOND PART. -
100. Every one who, by himself, his clerk, servant or Punishment
agent, exposes or keeps for sale, or directly or indirectly, on ; º:
any pretence or by any device, sells or barters, or in consid- of second,
eration of the purchase of any other property, gives to any ...**
other person any intoxicating liquor, in violation of the
second part of this Act, shall, on summary conviction, be
liable to a penalty of not less than fifty dollars for the first
offence, and not less than one hundred dollars for the second
offence, and to imprisonment for a term not exceeding two
months for the third and for every subsequent offence: . .
2. Every one who, in the employment or on the premises Punishment
of another, so exposes or keeps for sale, or sells, or barters, ºº
or gives in violation of the second part of this Act, any
intoxicating liquor, is equally guilty with the principal, and
shall, on summary conviction, be liable to the same penalty
or punishment : -
3. All intoxicating liquors, in respect to which any such Forfeiture.
offence has been committed, and all kegs, barrels, cases, bot-
tles, packages or receptacles of any kind whatever in which
the same are contained, shall be forfeited. 41 W., c. 16, s. 100.
101. Any prosecution for any such penalty or punish- By whom
ment may be brought by or in the name of the collector of ...”
Inland Revenue within whose official division the offence e
was committed,—or by or in the name of any person. 41 W.,
c. 16, s. 101.
102. Such collector of Inland Revenue shall bring such When collec;
prosecution, whenever he has reason to believe that any ...il
such offence has been committed, and that a prosecution prosecute.
12% 1427
Chap. 106. The Canada Temperance Act. 49 WICT.
Prosecutions
In Quebec.
In Ontario.
In Nova
Scotia.
In New
Brunswick.
In Manitob 8 .
therefor can be sustained, and would not subject him to any
undue measure of responsibility in the premises. 41. W.,
c.16, s. 102. -
JURISDICTION AND PROCEDURE.
103. Such prosecution may be brought, -
(a.) In the Province of Quebec, if the offence was com-
mitted in the city of Montreal or in the city of Quebec, before
the recorder or judge of the sessions of the peace at Mon-
treal or Quebec, as the case may be ; or, if the offence was
committed in any other part of the Province, then before a
stipendiary magistrate, or before any two justices of the
peace for the district wherein the offence was committed;
or, if the district is other than that of Quebec or that of
Montreal, before the sheriff of such district ;
(b) In the Province of Ontario, before any stipendiary
magistrate or before any two justices of the peace for the
county, city or district wherein the offence was committed;
or, if the offence was committed in any county, city or town
having a police magistrate, then before such police magis-
trate or, in his absence, before the mayor or any two justices.
of the peace ; or, if the offence was committed in any city
, or town not having a police magistrate, then before the
mayor thereof, or before any two justices of the peace;
(c.) In the Province of Nova Scotia, before a stipendiary
magistrate or before any two justices of the peace in and
for the county in which the offence was committed;
(d.) In the Province of New Brunswick, before any police,
stipendiary or sitting magistrate or commissioner of a parish.
court, or before any two justices of the peace in and for the
county in which the offence was committed; -
(e.) In the Province of Manitoba, before the police magis-
trate within whose territorial jurisdiction the offence was
committed, or before any two justices of the peace in and for
In British
Columbia.
In Prince
Edward Is-
land.
If before cer-
tain magis-
trates no
other justice
to sit.
If before two
justices,
SUlDODO ODS
the county in which the offence was committed ; .
(f) In the Province of British Columbia, before any sti-
pendiary magistrate or before any two justices of the peace
in and for the territorial division or jurisdiction within the
limits of which the offence was committed;
(g.) In the Province of Prince Edward Island, before the
stipendiary magistrate for the city or town, or before any
two justices of the peace in and for the county in which
the offence was committed. 41 W., c. 16, s. 103.
104. If such prosecution is brought before any such sti-
pendiary magistrate, recorder, judge of the sessions of the
peace, sheriff, police magistrate, sitting magistrate, commis-
Sioner or mayor, no other justice shall sit or take part therein.
41 W., c. 16, s. 104. -
105. If such prosecution is brought before any two other
justices of the peace, the summons shall be signed by at least
- 1428
, 1886. The Canada. Temperance Act. Chap. 106. 29
one of them; and no justice, other than such two justices, ... º:
shall sit or take part therein, except in the case of their º, **
absence or the absence of one of them, and not in the latter
case except with the assent of the other of them. . 41 W.,
c. 16, s.105. - -
106. Every such prosecution shall be commenced within Limitation of
three months after the alleged offence, and shall be heard Pºº".
*and determined in a summary manner, either upon the con-
ºfession of the defendant or upon the evidence of a witness
or witnesses. 41 W., c. 16, s. 106.
... 107. Every offence against the second part of this Act Provisions of
may be prosecuted in the manner directed by the “Act re-jº
specting summary proceedings before Justices of the Peace,” tº º
so far as no provision is hereby made for any matter or ...º.
thing which is required to be done with respect to such
prosecution; and all the provisions contained in the said Act
..shall be applicable to such prosecutions and to the judicial
and other officers before whom the same are hereby autho-
ºrized to be brought, in the same manner as if they were
incorporated in this Act, and as if all such judicial and
other. officers were named, in the said Act. 41 W., c. 16,
s. 107.
DESTRUCTION OF LIQUOR.
108. If a credible witness proves, upon oath, before the Magistrate,
stipendiary, police or sitting magistrate, commissioner of a :*::
parish court, recorder, judge of the sessions of the peace, rant to search
justices of the peace, sheriff or mayor, or before one of the ...
justices of the peace before whom any prosecution for an tain informa-
'offence against the provisions of the second part of this Act "***
is brought, that there is reasonable cause to suspect that
any intoxicating liquor, in respect to which such offence has
been committed, is in any dwelling house, store, shop, ware-
house, Outhouse, garden, yard, croft or other place or places,
such stipendiary, police or sitting magistrate, commissioner
of a parish court, recorder, judge of the sessions of the peace,
justices of the peace, sheriff or mayor, may grant a warrant
to search such dwelling house, store, shop, warehouse, out-
house, garden, yard, croft or other place or places, for such
intoxicating liquor, and if the same, or any part thereof, is
there found, to bring the same before him ; and any infor-
mation to obtain a warrant under this section may be in
the form M in the schedule to this Act; and any search
warrant under this section may be in the form N in the
said schedule. 41 W., c. 16, s. 108.
tº
109. When any person is convicted of any offence against Cºg
- & - - ge -: magistrate,
any of the provisions of the second part of this Act, the stipen- jay order
diary, police or sitting magistrate, commissioner of a parish ...'.
court, recorder, judge of the sessions of the peace, justices jºa.
124% 1429 *
30
Chap. 106. The Canada Temperance Act. 49 WICT.
-rant be de-
stroyed.
of the peace, sheriff or mayor, before whom such person
is convicted, may adjudge and order, in addition to any
other penalty or punishment, that the intoxicating liquor
in respect to which the offence was committed, and which
has been brought before him under a search warrant as
aforesaid, whether the same is or is not the property of
such person, or not more than twenty gallons thereof, if
there is more of it than twenty gallons, be forfeited, and
that any and all kegs, barrels, cases, boxes, bottles, packages
and other receptacles of any kind whatsoever found contain-
ing the same, or not more than twenty gallons thereof, if
there is more of it than twenty gallons, be broken up and
utterly destroyed, and the said intoxicating liquor, or not
more than twenty gallons thereof, if there is more of it
than twenty gallons, poured out, spilled, wasted and utterly
destroyed; and thereupon such barrels, kegs, cases, boxes,
bottles, packages and other receptacles of any kind whatso-
ever, as aforesaid, may be forthwith broken up and utterly
destroyed, and the said intoxicating liquor, or not more
than twenty gallons thereof, if there is more of it than
twenty gallons, poured out, spilled, wasted and utterly de-
‘What it shall
-suffice to state
in describing
offences.
stroyed, by the constable or peace officer who executed the
search warrant under which the same was found, or in
whose custody the same was afterwards placed by the con-
victing magistrate, commissioner, recorder, judge, justices,
sheriff or mayor. 41 W., c. 16, s. 109.
NECESSARY ALLEGATIONS IN PROCEEDING}S.
II.0. In describing offences respecting the sale or other
unlawful disposal of intoxicating liquor, or the keeping
thereof for sale, in any information, summons, conviction,
warrant or proceeding under “The Temperance Act of 1864,” or
under this Act, it shall be sufficient to state the unlawful
sale, barter, disposal or keeping of intoxicating liquor simply,
Certain facts
need not be
alleged.
Exception.
without stating the name or kind of such liquor, or the
price thereof, or any person to whom it was sold, bartered
or disposed of; and it shall not be necessary to state the
quantity of liquor so sold, bartered, disposed of or kept,
except in the case of offences where the quantity is essential,
—and it shall then be sufficient to allege the sale or disposal
of more or less than such quantity; and it shall not be
necessary, in any such summons, conviction, warrant or
proceeding, to negative the circumstances, the existence of
which would make the act complained of lawful, but upon
any such circumstances being proved in evidence, the defen-
dant shall be acquitted ; and this provision shall apply,
whether such circumstances are stated by way of exception
in the section under which the offence is laid or in a sub-
stantive section or otherwise. 41 W., c. 16, s. 115.
1430
1886. The Canada Temperance Act. Chap 106. 31,
PROOF.
111. When in any house, shop, room or other place in any The keeping
municipality in which the second part of this Act or in ...
which any prohibitory by-law passed under the provisions inferred
of “The Temperance Act of 1864,” is in force, a bar, counter, i.ºn $
beer pumps, kegs or any other appliances or preparations ces."
similar to those usually found in taverns and shops where
intoxicating liquors are usually sold or trafficked in are
found, and intoxicating liquor is also found in such house,
shop, room or place, such liquor shall be deemed to have
been kept for sale contrary to the provisions of this Act or
of “The Temperance Act of 1864,” as the case may be, unless
the contrary is proved by the defendant in any prosecution;
and the occupant of such house, shop, room or other place
shall be taken conclusively to be the person who keeps
therein such liquor for sale. 41 W., c. 16, s. 119.
112. In proving the sale or barter or other unlawful dis- Passing of,
posal of liquor for the purpose of any proceeding relative to ::: “
any offence under “The Temperance Act of 1864,” or under proved.
this Act, it shall not be necessary to show that any money
actually passed, or that any liquor was actually consumed,
if the justices, magistrate or other officer or court hearing the
case is or are satisfied that a transaction, in the nature of a
sale or barter or other unlawful disposal, actually took place.
41 W., c. 16, s. 120.
113. In any prosecution under “The Temperance Act of What evi,
1864,” or under this Act, for the sale or barter or other jº
unlawful disposal of intoxicating liquor, it shall not be a conviction.
necessary that any witness should depose directly to the
precise description of the liquor sold or bartered, or the
precise consideration therefor, or to the fact of the sale or
other disposal having taken place, with his participation or
to his own personal and certain knowledge; but the justices
or magistrate or other officer trying the case, so soon as it
appears to them or him that the circumstances in evidence
sufficiently establish the violation of law complained of,
shall put the defendant on his defence, and in default of his
rebuttal of such evidence, shall convict him accordingly.
41 W., c. 16, s. 121.
114. On the trial of any proceeding, matter or question Wife or
under any of the Acts or laws in the one hundred and .*
twentieth section of this Act mentioned or under this Act, witness.
the person opposing or defending, or the wife or husband.
of such person opposing or defending, shall be competent
and compellable to give evidence in such proceeding, matter
or question. 41 V., c. 16, s. 123.
1431
3
2.
Chap. 106. Thé, Canada Temperance Act: 49 WICT.
Proceedings
upon informa-
tion for . .
subsequent :
offence.
Subsequent
offence to be
first inquired
into, and then
previous con-
victions.
Proof of
previous
ConvictionS.
Conviction
may be for
first offence
only.
Conviction
for several
offences on
same day.
Amendment
of second
conviction in
event of first
being set
aside.
What shall be
deemed a
conviction
for a second
or subsequent
40ffence.
SUBSEQUENT OFFENCE.
II.5. The proceedings upon any information for commit-
ting an offence against any of the provisions of this Act, in
case of a previous conviction or convictions being charged;
shall be as follows:—
(a.) The justices or magistrate or other officer shall, in the
first instance, inquire concerning such subsequent offence
only, and if the accused is found guilty thereof, he shall
then, and not before, be asked whether he was so previously
convicted, as alleged in the information, and if he answers
that he was so previously convicted, he may be convicted
accordingly; but if he denies that he was so previously
convicted, or stands mute of malice, or does not answer
directly to such question, the justices or police magistrate
or other officer shall then inquire concerning such previous
conviction or convictions; º
(b.) The number of such previous convictions shall be prov-
able by the production of a certificate under the hand of the
convicting justices or magistrate, or officer, or of the clerk
of the peace, without proof of his signature or official char-
acter, or by other satisfactory evidence;
(c.) A conviction may, in any case, be had as for a first
offence, notwithstanding that there has been a prior con-
viction or convictions for the same or any other offence;
(d) Convictions for several offences may be made under
this Act, although such offences have been committed on the
same day; but the increased penalty or punishment herein-
before imposed shall only be recoverable or be liable to be
imposed in the case of offences committed on different days,
and after information laid for a first offence;
(e.) In the event of any conviction for any second or subse-
quent offence becoming void or defective after the making.
thereof, by reason of any previous conviction being set aside,
quashed, or otherwise rendered void, the justices or magis-
trate or other officer by whom such second or subsequent;
conviction was made, may, by summons under his or their.
hand, require the person convicted to appear at a time and
place to be named in such summons, and may thereupon,
upon proof of the due service of such summons, if such per-
son fails to appear, or on his appearance, amend such second
or subsequent conviction, and adjudge such penalty or pun-
ishment as might have been adjudged had such previous
conviction never existed, and such amended conviction shall
thereupon be held valid, to all intents and purposes, as if it
had been made in the first instance;
(f) If any person who has been convicted of a violation
of any provision of the second part of this Act is afterwards
convicted of an offence against such provision or against
any other provision of the second part, such conviction
shall be deemed a conviction for a second offence, within the
meaning of section one hundred of this Act, and may be dealt
1432
1886. The Canada Temperance Act. Chap. 106.
33.
with and punished accordingly, although the two convic-
tions may be for acts of different descriptions; and if any
such person is afterwards again convicted of a violation
of any provision of the second patri, whether similar or not to
the previous offences, such conviction shall, in like manner,
be deemed a conviction for a third offence, within the mean-
ing of section one hundred of this Act, and may be dealt.
with and punished accordingly. 41 W., c. 16, s. 122.
VARIANCEs, DEFECTS AND AMENDMENTS.
116. In the event of any variance between the informa- *...* w
8,-
tion and evidence adduced in support thereof, the justices j-
or magistrate or other officer may amend or alter such infor-journment.
mation, and may substitute, for the offence charged therein,
any other offence against the provisions of “The Temper-
ance Act of 1864, " or of this Act, as the case may be ;
but if it appears that the defendant has been materially
misled by such variance, such justices, magistrate or other
officer shall thereupon adjourn the hearing of the case to
a future day, unless the defendant waives such adjourn-
ment. 41 W., c. 16, s. 116. -
117. No conviction or warrant enforcing the same or other Yºlanº gº
- defect of form
process or proceeding under either of the said Acts shall be ºn.
held insufficient”or invalid by reason of any variance be-conviction.
tween the information and conviction, or by reason of any
other defect in form or substance, if it can be understood.
from such conviction, warrant, process or proceeding that
the same was made for an offence against some provision
of such Act, within the jurisdiction of the justices or magis-
trate or other officer who made or signed the same, and if,
there is evidence to prove such offence, and if no greater.
penalty is imposed than is authorized by such Act. 41W.,
c. 16, s. 117. -
118. Upon any application to quash such conviction or ;".
warrant enforcing the same, or other process or proceeding, ictiºn to be
or to discharge any person in custody under such warrant, ºilºpon
whether such application is made in appeal or upon habeas.
corpus, or otherwise, the court or judge to whom such appeal
is made, or to whom such application is made upon habeas
corpus, or otherwise, shall dispose of such appeal or applica-
tion upon the merits, notwithstanding any such variance or
defect as aforesaid; and such court, or judge may, in any
case, amend the same if necessary; and in all cases in which
it appears that the merits have been tried and that the con-
viction, warrant, process or proceedings is sufficient, and
valid under this section or otherwise, such conviction, war-
rant, process or proceeding shall be affirmed, or shall not be
quashed, as the case may be ; and any conviction, warrant,
process or proceeding so affirmed, or affirmed and amended,
' the merits.
1433
34 . .
Chap. 106. . The Canada Temperance Act. 49 WICT.
No certzorari,
No appeal
in certain
(38.888.
Compound
ing offence
and penalty
therefor,
Punishment
of parties to
compromise.
Penalty for
tampering
with wit-
In OSSCS,
may be enforced in the same manner as convictions affirmed
on appeal, and the costs thereof shall be recoverable as if
originally awarded. 41 W., c. 16, s. 118.
§
CERTIORAIRI AND APPEAL RESTRICTED.
119. No conviction, judgment or order, in respect of any
offence against the second part of this Act, shall be removed
by certiorari or otherwise into any of Her Majesty's courts of
record:
2. No appeal shall be allowed from any such conviction,
judgment or order to any court of general sessions, or other
court whatsoever, if the conviction has been made by a sti-
pendiary magistrate, recorder, judge of the sessions of the
peace, sheriff, police magistrate, sitting magistrate or com-
missioner of a parish court. 41 W., c. 16, s. 111.
COMPOUNDING OFFENCES.
120. Every one who, having violated any of the pro-
visions of this Act or of any Act in force in any Province,
respecting the issue of licenses for the sale of fermented or
spirituous liquors, or of “The Temperance Act of 1864,” com-
promises, compounds or settles, or offers or attempts to com-
promise, compound or settle the offence with any person or
persons, with the view of preventing any complaint being
made in respect thereof, or, if a complaint has been made,
with the view of getting rid of such complaint, or of stop-
ping or having the same dismissed for want of prosecution
or otherwise, is guilty of an offence against this Act, and
on conviction thereof, shall be liable to imprisonment at
hard labor in the common gaol of the county or district in
which the offence was committed, for any term not exceed-
ing three months: -
2. Every one who is concerned in or is ea party to the
compromise, composition or settlement mentioned in this
section, is guilty of an offence against this Act, and on con-
viction thereof, shall be liable to imprisonment in the com-
mon gaol of the county or district in which the offence was
committed, for any term not exceeding three months. 41 W.,
c. 16, 'ss. 112 and 113.
TAMPERING WITH WITNESSES.
121. Every one who, on any prosecution under any of
the said Acts, tampers with a witness, either before or after
he is summoned or appears as such witness on any trial or
proceeding under any such Act, or by the offer of money, or
by threats, or in any other way, either directly or indirectly,
induces or attempts to induce any such witness to absent
himself, or to swear falsely, shall incur a penalty of fifty
dollars for each offence. 41 W., c. 16, ss. 110 and 114.
1434
1886. The Canada Temperance Act. Chap. 106.
35.
SCHEDULE.
FoEM A.
Forms of Notice and Petition for the bringing of the second
part of this Act into force. *
To the Honorable the Secretary of State of Canada :
SIR,-We the undersigned electors of the county (or city)
of request you to take notice that we propose
presenting the following petition to His Excellency the
Governor General, namely:--
To His Excellency the Governor General of Canada in
Council.
The petition of the electors of the county (or city) of
, qualified and competent to vote at the
election of a member of the House of Commons in the said
county (or city),
Respectfully shows, that your petitioners are desirous
that the second part of “The Canada Temperance Act,” should
be in force and take effect in the said county (or city).
Wherefore your petitioners humbly pray that Your Excel-
lency will be pleased, by an Order in Council under the
ninety-fifth section of the said Act, to declare that the
second part of the said Act shall be in force and take effect
in the said county (or city).
And your petitioners will ever pray, &c.
And that we desire that the votes of all the electors of the
said county (or city) be taken for and against the adoption
of the said petition.
41 W., c. 16, Form A.
FORM B.
Oath of the Returning Officer.
I, the undersigned, A. B., returning officer, under “The
Canada Temperance Act,” for the county (or city) of
, solemnly swear (or if he be one of the persons permit-
ted by law to affirm in civil cases, solemnly affirm) that I will
act faithfully in that capacity, without partiality, fear, favor
or affection. So help me God.
(Signature) A. B.,
Returning Officer.
Certificate of Returning Officer having taken Oath of Office.
I, the undersigned, hereby certify that on the day
of the month of , 18 , A. B., the returning
officer, under “ The Canada Temperance Act,” for the county
(or city) of , took and subscribed before
- - 1435
36
Chap. 106. The Canada Temperance Act. 49 Vict.
me the oath (or affirmation) of office, in such case required
of a returning officer, by section eleven of “The Canada
Temperance Act.”
In testimony whereof, I have delivered to him this certi-
ficate.
(Signature) C. D.,
Justice of the Peace.
41 W., c. 16, form B. -
FORM C.
Commission of a Deputy Returning Officer. -
To G. H. (insert his legal addition and residence):
Know you, that in my capacity of returning officer, under
“The Canada Temperance Act,” for the county (or city) of
, I have appointed and do hereby appoint
you to be deputy returning officer for the polling district
number , of the said county (or city) of
g , there to take the votes of the electors
by ballot, according to law, at the polling station to be by .
you opened and kept for that purpose, and you are hereby
authorized and required to open and hold the poll, under
the said Act, for the said polling district, on the
day of , at nine o'clock in the forenoon, at (here
describe particularly the place in which the poll is to be held),
and there to keep the said poll open during the hours pre-
scribed by law, and to take, at the said polling place, by
ballot, in the manner by law provided, the votes of the
electors voting at the said polling place, and after counting”
the votes given and performing the other duties required of
you by law, to return to me forthwith the ballot box, sealed
with your seal, and inclosing the ballots, voters' list, and
other documents required by law, together with this com-
IIllSSIOIl.
Given under my hand, at . , this
day of , in the year 18,
(Signature). A. B.,
41. W., c. 16, form C. Returning Officer.
FORM. D.
Oath of Deputy Returning Officer.
I, the undersigned, G. H., appointed deputy returning
officer for the polling district, No. , of the county (or
city) of , solemnly swear (or, being one of the
persons permitted by law to affirm in civil cases, solemnly affirm)
that I will act faithfully in my said capacity of deputy
returning officer, without partiality, fear, favor or affection.
So help me God.
(Signature) G. H.,
Deputy Returning Officer.
1436
. 1886. . . The Canada. Temperance Act. Chap. 106.
3ºl.
Certificate of a Deputy Returning Officer having taken the Oath
- of Office. º
I, the undersigned, hereby certify that on the
day of the month of e , G. H., deputy returning
officer for the polling district No , of the county (or
city) of , took and subscribed the oath (or "
affirmation) of office, required in such case of a deputy return-
ing officer, by section fifteen of “The Canada Temperance Act.”
In testimony whereof, I have delivered to him this certi-
ficate under my hand.
(Signature) A. B.,
Returning Officer,
or C. D., .
Justice of the Peace.
41 W., c. 16, form D.
ForM E.
Form of Ballot. Paper. .
. - 18 . .
Wóting on the petition to the Governor General for
the bringing into force of the second part of “The Canada
Temperance Act.”
- For the Petition. |
Against the Petition. ,
*** ****** ************ ****** * * * * * * * * * * * * * * * * * * * * * * * * * * * > . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , , , , , 6.
§ resſessesºs **@-2 >2s2 2s. •
§ºššššššºssºs
The dotted line will be a line of perforation for easily
detaching the counterfoil.
41 W., c. 16, form E.
---
gi|


1437 .
Chap. 106. . The Canada Temperance Act. 49 WICT.
FORM F.
Directions for the Guidance of Electors in Voting.
. The voter will go into one of the compartments, and with
a pencil there provided, place a cross thus ×, in the upper
space if he votes for the adoption of the petition, and in the
lower space if he votes against the adoption of the petition.
The voter will then fold the ballot, so as to show a por-
tion of the back only, with the number and the initials of
the deputy returning officer, and deliver it to the deputy
returning officer, who will place it in the ballot box. The
voter will then forthwith quit the polling station.
If a voter inadvertently spoils a ballot paper, he can re-
turn it to the proper officer, who, on being satisfied of the
fact, will give him another. º
If the voter places on the ballot paper more than one
mark, or places any mark on it by which he can afterwards
be identified, his vote will be void, and will not be counted.
If the voter takes a ballot paper out of the polling station,
or fraudulently puts any other paper into the ballot box
than the ballot paper given him by the deputy returning
officer, he will be subject to be punished by fine or by im-
prisonment for a term not exceeding six months, with or
without hard labor.
41 W., c. 16, form F.
FORM. G.
Form of Declaration of Agent.
I, the undersigned E. F., solemnly declare that I am desir-
ous of promoting (or opposing) the adoption of a petition to
the Governor General for the bringing into force in the said
county (or city) of the second part of “The Canada Temper-
ance Act.”
(Signature) A. B.
Made and declared at this. day of
A.D., , before me. -
C. D.,
Returning Officer.
41 V., c. 16, form G. -
FORM H.
Form of Oath of Secrecy.
I, the undersigned E. F., agent for the electors of the
county (or city) of , interested in promoting (or
opposing) the adoption of a petition to the Governor General.
for the bringing into force in the said county (or city) of the
1438
1886.
39
The Canada Temperance Act. - Chap. 106.
second part of “The Canada Temperance Act,” solemnly
swear (or if he be one of the persons permitted by law to affirm
in civil cases, solemnly affirm, promise and declare), that I
will keep secret the way in which any of the voters at
the polling station in the polling district No. , , marks his
ballot in my presence, at this polling of votes for or against
such petition. So help me God. &
-
A.D.,
- 41 W., c. 16, Form H.
(Signature,) E. F.
Sworm (or affirmed) at this day of
, before me. -
- A. B.,
Returning Officer,
- or C -
FORM I.
Form of Voters' List.

se-mºm.j#
a ..!. Glº) CD
Gl) "… * | 5 .
# - C O 3 g;
e Q 33 cº * , 5 §
ſº rt: ſº !- "C ;-
3 on P+ , d bp = |& H
- #3 g 3 3 # 5 : 3 -
• gººd • ?-4
Names of the Voters. Tº ‘s 3 | * # ##|##
p-f Q) t– O o, cº 9 :- .: +*
cº Ö O do - :- 6 *: c
bſ) cº 35 º gº $– O. :
§ #, g; | 3 || 4.3 || 3 || 9 |. 5 re
p- 2-4 e-f a 3 --> ç an º- 92 ob
.# 3 || 3 || 3 |# 3 || 3 || 3 || # 3 | ##
Gl) 3D :- • *4 & O -
* | * | 3 || 5 ||3:#| F : ; 5 %, 3.5
£- || E- O E- |Od C to P-
*-*.->
|
!
i
|
|
i
wº--—
NOTE.-The qualification need not be inserted eaccept where
_*
there are no provincial lists of voters.
41 W., c. 16, form I.
*-es-ºm-
FORM J.
Oath of identity by Voter receiving a Ballot Paper after another
has voted in his name.
I solemnly swear (or, if he be one of the persons permitted
ôy law to affirm in civil cases, solemnly affirm), that I am
A.B., of (as on the voters' list) whose name is
entered on the voters' list now shown me. So help me God.
41 W., c. 16, form J. -
1439
* Chap, 106. The Canada:Temperance Act. : 49 WICT.
$'ſ
{
40
FORM, K.
Oath of Messenger sent to collect the Ballot Bowes.
I, A. B., of , messenger appointed by C. D., return-
ing officer for the county (or city) of , in the Province
of , do solemnly swear that the several boxes, to the
number of now delivered by me to the said returning
officer, have been handed to me by the several deputy return-
ing officers at the present polling of votes, in the said county
(or city, or by—here insert the names of the deputy returning
officers who have delivered the said boaxes), that they have not
been opened by me, nor any other person, and that they are
in the same state as they were when they came into my
possession. (If any change has taken place, the deponent shall
vary his deposition by fully stating the circumstances).
(Signature) A. B.
Sworn (or affirmed) and subscribed before me, at this
day of , in the year 18
(Signature) X. Y.,
Justice of the Peace.
or A. B.,
Returning Officer.
or G. H.,
Deputy Returning Officer.
41 W., c. 16, form K.
gº ºsmºs
FORM. L.
Oath of the Deputy Returning Officer after the closing of the
Poll.
I, the undersigned, deputy returning officer for the poll-
ing district No. , of the county (or city) of y
do solemnly swear (or, if he be one of the persons permitted by
law to affirm in civil cases, do solemnly affirm) that to the best
of my knowledge and belief, the voters' list kept for the
said polling district under my direction, has been so kept
correctly ; and that the total number of votes polled in the
said list is - , and that, to the best of my
knowledge and belief, it contains a true and exact record
of the votes given at the polling station in the said polling
district as the said votes were taken thereat ; that I have
faithfully counted the votes given for each interest, in the
manner by law provided, and performed all duties required
of me by law, and that the report, packets of ballot papers,
and other documents required by law to be returned by me,
to the returning officer, have been faithfully and truly pre-
1440 -
1886. The Canada Temperance Act. Chap. 106. 41
-|
pared and placed within the ballot box, as this oath (or
affirmation) will be, to the end that the said ballot box being
first carefully sealed with my seal, may be transmitted to
the returning officer according to law.
(Signature) ‘G.H.,
Deputy Returning Officer.
Sworn before me at , in the county of
, this day of , 18
(Signature) X. Y.,
Justice of the Peace.
or A. B.,
Returning Officer.
, 41 W., c. 16, form L.
FoRM M.
Information to obtain a Search Warrant.
CANADA,
PROVINCE OF
DISTRICT (or County, or, as the
case may be) of
'º'The information of K. L., of the of in the
said district (or county, or as the case may be, yeoman), taken
...this day of in the year }
... beforeme W. S., Esquire, a justice of the
peace, in and for the district (or, county, or, united counties,
or as the case may be) of , who says that he has
just and reasonable cause to suspect, and does suspect, that
intoxicating liquor, in respect to which an offence against
the second part of “The Canada Temperance Act,” has been
committed, is concealed in the (dwelling house, or as the
case may be) of P. Q., of in the said district (or
county, or as the case may be), (here add the causes of suspicion
and the particulars of the offence, whatever they may be.)
Wherefore he prays that a search warrant may be granted
him to search the (dwelling house, or as the case may be), of
the said P. Q., as aforesaid, for the said intoxicating liquor.
Sworn (or affirmed) on the day and year first above men-
tioned, at in the said district (or county, or a
the case may be) of , before me. -
(Signature) W. S.,
J.P.
41 W., c. 16, form M.
1441
Chap. 106. The Canada Temperance Act. 49 WICT.
FoRM N.
Form of Search Warrant.
CANADA,
PROVINCE OF -
DISTRICT (or County, or as the
case may be) of |
To all or any of the constables or other peace officers, in
the district (or county, or as the case may be) of -
Whereas, K. L., of the of in the said
district (or county, or as the case may be), has this day made
oath before me the undersigned, a justice
of the peace in and for the said district (or county, or as the
case may be) of that he has just and reasonable cause
to suspect, and does suspect, that intoxicating liquor, in
respect to which an offence against the second part of “The
Canada Temperance Act,” has been committed, to wit, in
respect to which (here describe, the offence, in the words of
the information) is concealed in the (dwelling house, or as
the case may be) of one P. Q., of in the said
district (or county, or as the case may be) of -
These are therefore, in the name of Our Sovereign Lady the
Queen, to authorize and require you, and each and every of
you, with necessary and proper assistance, to enter in the
day time into the said (dwelling house, or as the case may be)
of the said P.Q., and there diligently search for the said
intoxicating liquor; and if the same, or any part thereof, is
found upon such search, that you bring the intoxicating
liquor so found, or gallons thereof, if there are more than
twenty gallons so found, and also all barrels, kegs, cases,
boxes, packages and other receptacles of any kind whatsoever
containing the same, before me, to be disposed of and dealt
with according to law.
Given under my hand and seal at in the said
district (or county, or as the case may be), this day of
in the year
(Seal) W. S.,
41 W., c. 16, form N. J. P.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1442
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Eºs
CEIAPTER IO7.
An Act respecting the Adulteration of Food, Drugs and A.D. 1886.
Agricultural Fertilizers.
|HER Majesty, by and with the advice and consent of the
foll Senate and House of Commons of Canada, enacts as
O11OWS -—
SHORT TITLE.
1. This Act may be cited as “The Adulteration Act.” Short title.
48-49 W., c. 67, s. 1.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “food” includes every article used for .,,,
food or drink by man or by cattle ; Food.
(b.) The expression “drug' includes all medicines for in- “Drug.”
ternal or external use for man or for cattle ;
(c) The expression “agricultural fertilizer” means and “Agricultur,
includes every substance imported, manufactured, prepared "*
or disposed of for fertilizing or manuring purposes, which
is sold at more than ten dollars per ton and which contains
phosphoric acid, or ammonia or its equivalent of nitrogen ;
(d) The expression “officer’ means any officer of Inland “Officer.”
Revenue, or any person authorized under this Act or “The
Fertilizers Act ’’ to procure samples of articles of food, drugs
or agricultural fertilizers and to submit them for analysis;
(e.) Food shall be deemed to be “adulterated ” within the Adulterated
meaning of this Act, º
(1) If any substance has been mixed with it, so as to deemed such.
reduce or lower or injuriously affect its quality or strength ;
(2) If any inferior or cheaper substance has been sub-
stituted, wholly or in part, for the article ;
(3.) If any valuable constituent of the article has been
wholly or in part abstracted;
(4.) If it is an imitation of, or is sold under the name of
another article ; -
(5) If it consists wholly or in part of a diseased or de-
composed, or putrid or rotten animal or vegetable substance,
whether manufactured or not, or in the case of milk or
butter, if it is the produce of a diseased animal, or of an
animal fed upon unwholesome food;












13% 1443
2 Chap. 107. The Adulteration Act. 49 WICT.
(6.) If it contains any added poisonous ingredient, or any
ingredient which may render such an article injurious to the
health of a person consuming it;
Adulterated (f) Every drug shall be deemed to be “adulterated"
lºº within the meaning of this Act,
㺠such. (1) If, when sold, or offered or exposed for sale, under or
by a name recognized in the British or United States Phar-
macopoeia, it differs from the standard of strength, quality
or purity laid down therein ;
(2) If, when sold, or offered or exposed for sale, under or
by a name not recognized in the British or United States
Pharmacopoeia, but which is found in some other generally
recognized pharmacopoeia or other standard work on materia
medica, it differs from the standard of strength, quality or
purity laid down in such work ;
(3) If its strength or purity falls below the professed stan-
dard under which it is sold or offered or exposed for sale;
Exceptions. (g) Provided, that the foregoing definitions as to the adul-
teration of food and drugs shall not apply,–
Addition of (1.) If any matter or ingredient not injurious to health has
.." been added to the food or drug because the same is required
for the production or preparation thereof as an article of
commerce, in a state fit for carriage or consumption, and not
fraudulently to increase the bulk, weight or measure of the
food or drug, or to concealthe inferior quality thereof, if such
articles are distinctly labelled as a mixture, in conspicuous
characters, forming an inseparable part of the general label,
which shall also bear the name and address of the manu-
facturer ;
Patented (2) If the food or drug is a proprietary medicine, or is the
articles. subject of a patent in force, and is supplied in the state re-
quired by the specification of the patent;
Unavoidable (3.) If the food or drug is unavoidably mixed with some
mixture. extralneous matter in the process of collection or preparation ;
Compounds (4) If any articles of food not injurious to the health of
gºes not the person consuming the same are mixed together and sold
Injurious. e fre - -
or offered for sale as a compound, and if such articles are dis-
tinctly labelled as a mixture, in conspicuous characters,
forming an inseparable part of the general label, which shall
also bear the name and address of the manufacturer ;
Agricultural (h.) Every agricultural fertilizer shall be deemed to be
º, “adulterated ” within the meaning of this Act, if, when sold,
deemed offered or exposed for sale, the chemical analysis thereof
** shows a deficiency of more than one per cent of any of the
chemical substances, the percentages whereof are required
to be specified in the certificate, by “The Fertilizers Act ’’
required to be affixed to each barrel, box, sack or package
containing the same, or (if the agricultural fertilizer is in
bulk) to be produced to the inspector; or if it contains less
than the minimum percentage of such substances required
by the said Act to be contained in such fertilizer. 48-49 W.,
67, s. 2.

1444
1886. The Adulteration Act. Chap. 107. 3
ANALYSIS.
3. The Governor in Council may appoint one or more per- Analysts may
sons possessing competent medical, chemical and microscop- **P*
ical knowledge as analysts of food, drugs and agricultural
fertilizers purchased, sold, or exposed or offered for sale
within such territorial limits as are assigned to each of them
respectively, and may also select from among the aforesaid Chief ana.
analysts so appointed, or may appoint, in addition thereto, lyst.
a chief analyst, who shall be attached to the staff of the
Department of Inland Revenue at Ottawa :
2. No analyst shall be appointed until he has undergone Analysts to
an examination before a special examining board appointed : tºº.
by the Governor in Council, and until he has obtained from tion.
such board a certificate setting forth that he is duly qualified
to perform the duties attached to the office of analyst.
48-49 W., c. 67, s. 3.;-49 W., c. 41, s. 1.
4. The Governor in Council may cause such remunera- fºuneº-
tion to be paid to such chief analyst and to such analysts as
he deems proper, and such remuneration, whether by fees
Or salary, or partly in one way and partly in the other, may
be paid to them out of any sums voted by Parliament for the
purposes of this Act. 48-49 W., c. 67, s. 4.
5. The officers of Inland Revenue, the inspectors and Certain
deputy inspectors of weights and measures, and the inspec- º may
tors and deputy inspectors acting under “ The General Inspec- samples of
tion Act,” or any of them, shall, when required so to do by articles.
any regulation made in that behalf by the Minister of Inland
Revenue, procure and submit samples of food, drugs or agri-
cultural fertilizers suspected to be adulterated, to be analyzed
by the analysts appointed under this Act. 48-49 W., c. 67, s. 5.
6. The council of any city, town, county or village may ºf
e g ë & articles and
appoint one or more inspectors of food, drugs and agricul- their powers.
tural fertilizers; and such inspectors shall, for the purposes
of this Act, have all the powers by this Act vested in officers
of Inland Revenue; and any such inspector may require
any public analyst to analyze any samples of food, drugs
or agricultural fertilizers collected by him, if such samples
have been collected in accordance with the requirements of
this Act :
2. The said analyst shall, upon tender of the fees fixed for Analysis.
the analysis of such class of articles by the Governor in Coun-
cil, forthwith analyze the same, and give the inspector a cer-
tificate of such analysis :
3. Such inspector may prosecute any person manufactur- Inspector may
ing, selling, or offering or exposing for sale within the city, *
county, town or village for which he is appointed inspector,
any article of food, drug or agricultural fertilizer which has
been certified by any public analyst to have been adulter-
ated within the meaning of this }.
134% 1445
4 Chap. 107. The Adulteration Act. 49 WICT.
ºn of 4. Notwithstanding any other provision of this Act in
* respect of the disposition of penalties, all penalties imposed
and recovered at the suit of any such inspector shall be paid
into the revenue of the city, county, town or village by
the council of which such inspector was appointed, and
may be distributed in such manner as the council of such
city, county, town or village by by-law directs. 48-49 W.,
c. 67, s. 6.
ºples 7. Any officer may procure samples of food, drugs or agri-
†a. cultural fertilizers which have not been declared exempt
from the provisions of this Act, from any person who has
such articles in his possession for the purpose of sale, or who
sells or exposes the same for sale; and he may procure such.
samples either by purchasing the same or by requiring the
person in whose possession they are to show him and allow
him to inspect all such articles in his possession, and the
place or places in which such articles are stored, and to give
him samples of such articles, on payment or tender of the
value of such samples. 48-49 W., c. 67, s. 7.
Penalty for 8. If the person who has such articles in his possession,
.*" or his agent or servant, refuses or fails to admit the officer,
sample, &c. or refuses or omits to show all or any of the said articles in
his possession, or the place in which any such articles are
stored, or to permit the officer to inspect the same, or te:
give any samples thereof, or to furnish the officer with such
light or assistance as he requires, when required so to do in
pursuance of this Act, he shall be liable to the same penalty
as if he knowingly sold or exposed for sale adulterated
articles knowing them to be adulterated. 48-49 W., c. 67,
s. 8.
Duty of officer 9. The officer purchasing any article with the intention
ºws of submitting the same to be analyzed, shall, after the pur-
chase has been completed, forthwith notify the seller or his
agent selling the article, of his intention to have the same
analyzed by the public analyst, and shall, except in specific
cases, respecting which provision is made by the Governor
Division of in Council, divide the article into three parts, to be then
sample. and there separated, and each part to be marked and sealed
up or fastened up, as its nature permits, and shall deliver
one of the parts to the seller or his agent, if required by
him so to do :
Transmission 2. He shall transmit another of such parts to the Min-
.* ister of Inland Revenue for submission to the chief analyst
ySls. ę lº e tº e
in case of appeal, and shall submit the remaining part to.
the analyst for the district within which the samples were
taken, unless otherwise directed by the Minister of Inland
Revenue. 48-49 W., c. 67, s. 9.
1446
1886. The Adulteration Act. Chap. 107. 5
10. The person from whom any sample is obtained under Seller may
this Act may require the officer obtaining it, to annex to ºl to
the vessel or package containing the part of the sample
which he is hereby required to transmit to the Minister of
Inland Revenue, the name and address of such person, and
to secure, with a seal or seals belonging to him, the vessel or
package containing such part of the sample, and the address
annexed thereto, in such manner that the vessel or package
cannot be opened, or the name and address taken off, with- . . -
out breaking such seals; and the certificate of the chief º 111
analyst shall state the name and address of the person from e
whom the said sample was obtained, that the vessel or
package was not open, and that the seals, securing to the
vessel or package the name and address of such person,
were not broken until such time as he opened the vessel or
package for the purpose of making his analysis; and in when to be
such case no certificate shall be receivable in evidence, evidence.
unless there is contained therein such statement as above,
or a statement to the like effect. 48-49 W., c. 67, s. 10.
II. When the officer hās, by either of the means afore- .
said, procured samples of the articles to be analyzed, he or analysis.
shall cause the same to be analyzed by one of the analysts
appointed under this Act, and if it appears to the analyst
that the sample is adulterated within the meaning of this ºf
Act, he shall certify such fact, stating in such certificate, ºted.
in the case of an article of food or a drug, whether such
adulteration is of a nature injurious to the health of the
person consuming the same ; and the certificate so given Effect of
shall be received as evidence in any proceedings taken ... *
against any person in pursuance of this Act, subject to the
right of any person against whom proceedings are taken
to require the attendance of the analyst, for the purpose of
cross-examination. 48-49 W., c. 67, s. 11.
12. If the vendor of the article respecting which such ºt
certificate is given, deems himself aggrieved thereby, he ySt.
may, within forty-eight hours of the receipt of the first
notification of the intention of the officer or other purchaser
to take proceedings against him (whether such notification
is given by the purchaser or by the ordinary process of
law), notify the said officer or purchaser in writing that he
intends to appeal from the decision of the analyst to the º
judgment of the chief analyst; and in such case the officer .
or purchaser shall transmit such notification to the chief º
analyst, and the chief analyst shall, with all convenient
speed, analyze the part of the sample transmitted to the
Minister of Inland Revenue for that purpose, and shall
report thereon to the said Minister ; and the decision of * : t
such chief analyst shall be final, and his certificate thereof tº analys
shall have the same effect as the certificate of the analyst in
the next preceding section mentioned. 48-49 W., c. 67, s. 12.
1447 I
- - 6 *
Chap 107. The Adulteration Act. 49 WICT.
Report for
Parliament
by analysts.
To be printed.
13. Every analyst appointed under this Act shall report
quarterly to the Minister of Inland Revenue the number
of articles of food, drugs and agricultural fertilizers, ana-
lyzed by him under this Act during the preceding quarter,
and shall specify the nature and kind of adulterations de-
tected in such articles of food, drugs and agricultural fer-
tilizers; and all such reports, or a synopsis of them, and
the names of the vendors or persons from whom obtained,
and of the manufacturers when known, shall be printed
and laid before Parliament as an appendix to the annual
No adulter-
ated article
to be sold.
What shall be
deemed adul-
terated milk.
As to skim-
med milk.
Proviso.
No water to be
added, &c.
What shall be
deemed adul-
terated
vinegar.
And what
adulterated
liquors.
report of the said Minister. 48-49 W., c. 67, s. 13.
ADULTERATION.
14. No person shall manufacture, expose or offer for sale,
or sell any food, drug or agricultural fertilizer, which is.
adulterated within the meaning of this Act. 48-49 W., c. 67,
S. 14. w
15. If milk is sold, or offered, or exposed for sale, after
any valuable constituent of the article has been abstracted
therefrom, or if water has been added thereto, or if it is the
product of a diseased animal or of an animal fed upon un-
wholesome food, it shall be deemed to have been adulterated
in a manner injurious to health, and such sale, offer or ex-
posure for sale shall render the vendor liable to the penalty
hereinafter provided in respect to the sale of adulterated
food; except that skimmed milk may be sold as such if
contained in cans bearing upon their exterior, within twelve
inches of the tops of such vessels, the word “skimmed'’ in
letters of not less than two inches in length, and served
in measures also similarly marked ; but any person supply-
ing such skimmed milk, unless such quality of milk has
been asked for by the purchaser, shall not be entitled to
plead the provisions of this section as a defence to or in
extenuation of any violation of this Act :
2. Nothing in this section shall be interpreted to permit
or warrant the admixture of water with milk, or any other
process than the removal of cream by skimming. 48-49 W.,
c. 67, s. 15.
16. Winegar sold, or offered or exposed for sale, shall be
deemed to be adulterated in a manner injurious to health.
if any mineral acid has been added thereto, or if it contains
any soluble salt having copper or lead as a base thereof—
whether such mineral acid or salt is added, either during
the process of manufacture or subsequently. 48-49 W., c. 67,
s. 16.
17. Alcoholic, fermented or other potable liquors sold,
or offered or exposed for sale, shall be deemed to have
been adulterated in a manner injurious to health if they
1448
1886. The Adulteration Act. Chap. 107. 7
are found to contain any of the articles mentioned in the
schedule to this Act, or any article hereafter added to such,
schedule by the Governor in Council. 48-49 V., c. 67, s. 17.
18. The Governor in Council may, from time to time, Certain
declare certain articles or preparations exempt in whole or ...;
in part from the provisions of this Act, and may add to the &c., sº
schedule to this Act any article or ingredient, the addition
of which is by him deemed necessary in the public inter-
est; and every Order in Council in that behalf shall be Publication
published in the Canada Gazette, and shall take effect at of O. C.
the expiration of thirty days from the date of such publica-
tion. 48-49 W., c. 67, s. 18.
19. The Governor in Council shall, from time to time, Lists of ex.
cause to be prepared and published, lists of the articles, *
mixtures or compounds declared exempt from the provisions prºpºſed,and
of this Act, in accordance with the next preceding sec- "*
tion, and shall also, from time to time, fix the limits of
variability permissible in any article of food or drug, or Limit of
compound, the standard of which is not established by any ”.
such pharmacopoeia or standard work, as is hereinbefore
mentioned; and the Orders in Council fixing the same shall
be published in the Canada Gazette, and shall take effect
at the expiration of thirty days after the publication thereof.
48-49 W., c. 67, s. 19. -
* 9. Whenever any article of food, any drug, or any agri- Detention ºf
cultural fertilizer is reported by any analyst as being adul- . until
terated within the meaning of this Act, the Minister of analyzed.
Inland Revenue may, if he thinks fit, order such article, and
all other articles of the same kind and quality which were
in the same place at the time the article analyzed was
obtained, to be seized by any officer of Customs or Inland
Revenue, and detained by him until an analysis of samples
of the whole is made by the chief analyst. 48-49 W., c. 67,
S. 20.
21. If the chief analyst reports to the Minister of Inland º.º."
Revenue that the whole or any part of such articles are ated articles.
adulterated, the Minister may declare such articles, or so
much thereof as the chief analyst reports as being adulter-
ated, to be forfeited to the Crown; and such articles shall
thereupon be disposed of as the Minister directs. 48-49 W.,
c. 67, s. 21.
PEN ALTIES.
22. Every person who wilfully adulterates any article of #.
food or any drug, or orders any other person so to do, shall,— jºiº.
(a.) If such adulteration is, within the meaning of this If injurious to
Act, deemed to be injurious to health, for the first offence health.
1449
Chap. 107. The Adulteration Act 49 WICT.
If not
injurious.
Penalty for
selling adul-
terated
article.
If injurious.
If not
injurious.
Proviso : as
to knowledge
of offender.
Penalty on
compounder,
&c., having
certain
articles in his
possession.
Penalty for
wilfully
attaching
false label.
incur a penalty not exceeding fifty dollars and not less than
ten dollars, and costs, and for each subsequent offence, a
penalty not exceeding two hundred dollars and not less
than fifty dollars, and costs;
(b.) If such adulteration is, within the meaning of this Act,
deemed not to be injurious to health, incur a penalty not
exceeding thirty dollars, and costs, and for each subsequent
offence a penalty not exceeding one hundred dollars and
not less than fifty dollars, and costs. 48-49 W., c. 67, s. 22.
23. Every person who, by himself or his agent, sells,
offers for sale, or exposes for sale, any article of food or any
drug, which is adulterated within the meaning of this Act,
shall,—
(a.) If such adulteration is, within the meaning of this
Act, deemed to be injurious to health, for a first offence
incur a penalty not exceeding fifty. dollars, and costs, and
for each subsequent offence a penalty not exceeding two
hundred dollars and not less than fifty dollars, and costs:
(b.) If such adulteration is, within the meaning of this
Act, deemed not to be injurious to health, incur for each
such offence, a penalty not exceeding fifty dollars and not
less than five dollars, and costs:
2. Provided, that if the person accused proves to the
court before which the case is tried that he did not know
of the article being adulterated, and shows that he could
not, with reasonable diligence, have obtained that know-
ledge, he shall be subject only to the liability to forfeiture
under the twenty-first section of this Act. 48-49 W., c. 67,
s. 23.
24- Every compounder or dealer in, and every manu-
facturer of intoxicating liquors, who has in his possession
or in any part of the premises occupied by him as such,
any adulterated liquor, knowing it to be adulterated, or
any deleterious ingredient specified in the schedule hereto,
or added to such schedule by the Governor in Council, for
the possession of which he is unable to account to the sat-
isfaction of the court before which the case is tried, shall
be deemed knowingly to have exposed for sale adulterated
food, and shall incur for the first offence a penalty not ex-
ceeding one hundred dollars, and for each subsequent offence
a penalty not exceeding four hundred dollars. 48-49 W.,
c. 67, s. 24.
25. Every person who knowingly attaches to any article
of food, or any drug, any label which falsely describes the
article sold, or offered or exposed for sale, shall incur a
penalty not exceeding one hundred dollars and not less
than twenty dollars, and costs. 48-49 W., c. 67, s. 25.
1450
1886. The Adulteration Act, Chap. 107. 9
26. Every penalty imposed and recovered under this Act *::::::::
shall, except as herein otherwise provided, and except in “” ties.
the case of any suit, action or prosecution brought or insti-
tuted under the provisions of the next following section,
be paid over to the Minister of Finance and Receiver General,
and shall form part of the Consolidated Revenue Fund.
48-49 W., c. 67, s. 26.
GENERAL PROVISIONS.
27. Nothing herein contained shall be held to preclude Any person
any person from submitting any sample of food, drug or ºr
agricultural fertilizer for analysis to any public analyst, or analysis,
from prosecuting the vendor thereof, if such article is found
to be adulterated, but the burden of proof of sale, and of the
fact that the sample was not tampered with after purchase,
shall be upon the person so submitting the same :
2. Any public analyst shall analyze such sample on pay- Duty of
ment of the fee prescribed in respect of such article or class º
of article by the Governor in Council. 48-49 W., c. 67, s. 27. tºº º º
28. Any expenses incurred in analyzing any food, drug As to
or agricultural fertilizer, in pursuancé of this Act, shall, if . Of
the person from whom the sample is taken is convicted
of having in his possession, selling, offering or exposing
for sale, adulterated food, drugs or agricultural fertilizers,
in violation of this Act, be deemed to be a portion of the
costs of the proceedings against him, and shall be paid
by him accordingly; and in all other cases such expenses How payable:
shall be paid as part of the expenses of the officer, or by
the person who procured the sample, as the case may be.
48-49 W., c. 67, s. 28.
29. The Governor in Council may, from time to time, ..".
make such regulations as to him seem necessary, for carry- “” g
ing the provisions of this Act into effect. 48-49 W., c. 67,
s. 29.
30. The provisions of “The Inland Revenue Act,” whether Inland
enacted with special reference to any particular business i. Act
or trade, or with general reference to the collection of the
revenue, or the prevention, detection or punishment of fraud
or neglect in relation thereto, shall extend, apply and be
construed and shall have effect with reference to this Act,
as if they had been enacted with special reference to the
matters and things herein provided for :
2. Every penalty imposed under this Act may be enforced ºn
and dealt with as if imposed under the said Act, and every .. ºne:
compounder, and the apparatus used by him, and the place the said Act.
in which his business is carried on, and the articles made
or compounded by him, or used in compounding any such
article, shall be “subject to excise” under the said Act.
48-49 W., c. 67, s. 30. -
1451
10
Chap. 107. The Adulteration Act. 49 WICT.
SCHEDULE.
Cocculus indicus, chloride of sodium (otherwise common
salt), copperas, opium, cayenne pepper, picric acid, Indian
hemp, strychnine, tobacco, darnel seed, extract of logwood,
salts of zinc, copper or lead, alum, methyl alcohol and its
derivatives, amyl alcohol, and any extract or compound of
any of the above ingredients.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen’s Most
Excellent Majesty.
1452
CEIAPTER IO8.
An Act respecting Agricultural Fertilizers. A.D., 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- This Act may be cited as “The Fertilizers Act.” 48-49 Short title.
W., c. 68, s. 1.
2- In this Act the expression “fertilizer” means and in- Interpreta-
cludes every fertilizer which is sold at more than ten dollars ”
per ton, and which contains phosphoric acid or ammonia,
or its equivalent of nitrogen. 48-49 W., c. 68, s. 2.
3- Every manufacturer or importer of fertilizers for sale, Sample to be
shall, in the course of the month of January in each year, i. of
and before offering the said fertilizer for sale, transmit to the inland
Minister of Inland Revenue, carriage, paid, a sealed glass ...".
jar, containing at least two pounds of the fertilizer manu-" "
factured or imported by him, with the certificate of analysis
of the same, together with an affidavit setting forth that
such jar contains a fair average sample of the fertilizer man-
ufactured or imported by him ; and such sample shall be To be kept by
preserved by the Minister of Inland Revenue for the pur- .
pose of comparison with any sample of fertilizer which is pº e
obtained in the course of the twelve months then next ensu-
ing from such manufacturer or importer, and which is trans-
mitted to the chief analyst for analysis :
2. The affidavit required by this section may be taken. Before whom
before any magistrate, justice of the peace or commissioner ..." "
for taking affidavits for use in any court of the Province in
which such affidavit is taken. 48-49 W., c. 68, s. 3.
4- The officers of Inland Revenue, the officers of Customs, Certain offi-
the inspectors and deputy inspectors of weights and mea-i.”
Sures, and the inspectors and deputy inspectors acting under
“The General Inspection Act,” or any of them, shall, when
required so to do, by any regulation made in that behalf by
the Governor in Council, act as inspectors of fertilizers, and
shall procure and submit samples of fertilizers suspected to
be adulterated, to be analyzed. 48-49 W., c. 68, s. 4.

1453
2
Chap. 108. The Fertilizers Act. 49 WICT.
At least one
Sample to be
analyzed
yearly.
Analysis and
publication
thereof.
Manufac-
turer's cer-
tificate of
analysis.
No sale to be
made till
forms com-
plied with.
Attachment
of inspector's
tag.
What to
show.
If fertilizer
is imported
in bulk.
Duty of
inspecter.
5. Every inspector shall, at least once in each year, ob-
tain for analysis from every manufacturer or importer of
fertilizers for sale in the district for which the inspector is
appointed, a sample of the fertilizer manufactured or im-
ported by such manufacturer or importer ; but the provis-
ions of this section shall not be construed to limit the right
of the inspector to procure samples for analysis in accord-
ance with the following provisions of this Act :
2. Every sample so obtained by the inspector under this
section shall be transmitted to the Minister of Inland Rev-
enue for submission to the chief analyst for analysis; and
the results of such analyses shall be published annually by
the said Minister in such manner as he sees fit. 48-49 W.,
C. 68, s. 5.
6. If the fertilizer is put up in packages, every such
package intended for sale or distribution within Canada
shall have the manufacturer's certificate of analysis placed
upon or securely attached to each package by the manufac-
turer; if the fertilizer is in bags, such certificate shall be
distinctly stamped or printed upon each bag; if it is in
barrels, such certificate shall be either branded, stamped or
printed upon the head of each barrel, or distinctly printed
upon good paper and securely pasted upon the head of each
barrel, or upon a tag securely attached to the head of each
barrel; if it is in bulk, such certificate shall be produced
and a copy given to each purchaser :
2. No fertilizer shall be sold or offered or exposed for sale
unless a certificate of analysis and a sample of the same
have been transmitted to the Minister of Inland Revenue,
and the provisions of the foregoing sub-section have been
complied with. 48-49 W., c. 68, s. 6.
7. The inspector, after taking samples for analysis, shall,
if requested so to do by the manufacturer, the importer or
the person selling the fertilizer, cause to be applied, under
his personal supervision, inspector's tags, one to each pack-
age, bag or barrel of fertilizer, before the same is offered for
sale or distribution : inspector's tags shall be numbered con-
secutively and shall have printed upon each of them the
words and figures, “Inspected, 18 , Canada,” together with
a fac-simile of the signature of the Minister of Inland Rev-
enue. 48-49 W., c. 68, s. 7.
8.- If the fertilizer is imported in bulk, or if it is proposed
that it shall be removed from the manufactory, or out of
the possession of the manufacturer's agent, in bulk, the
manufacturer's certificate of analysis shall be produced to
the inspector; and the inspector, after taking samples for
analysis, shall deliver to the manufacturer, the importer, or
his agent, if requested by any of them so to do, a bill of
inspection specifying the quantity and the quality as set
1454
1886. The Fertilizers Act. Chap. 108. 3.
forth in the manufacturer's certificate, together with the
name of the store or vessel, or the number of the car in
which the fertilizer was when inspected, and he shall attach
the manufacturer's certificate of analysis to the bill of inspec-
tion before so delivering it. 48-49 W., c. 68, s. 8.
9. If any fertilizer is imported for use by the importer Inspectional
thereof and not for sale, it may be inspected in conformity port of entry.
with the foregoing provisions at the Customs port of entry
at which it is imported. 48-49 W., c. 68, s. 9.
10- The inspector shall be entitled, for each package to Inspector's
which a tag is attached under his supervision, and for each ...”
bill of inspection delivered by him, if the fertilizer is in removal.
bulk, to such fee in either case as the Governor in Council
directs, which fee shall be paid and the inspector's tag
attached or certificate delivered, as the case requires, before
the fertilizer may be removed from the mill, factory or store-
house, or out of the possession of the manufacturer's agent
or the person importing the same. 48-49 W, c. 68, s. 10.
II. The inspector shall not furnish any tag to be attached ºliº
* I , " " - * 5 under which
to any package of fertilizer unless the manufacturer's cer- jhay be
tificate of analysis is plainly placed upon each parcel or attººed or
º * *- e. * - e certificate
package, or, if the fertilizer is in bulk, shall not deliver any j.
bill of inspection unless such certificate is produced to him,
claiming, in the case of an ammoniated Superphosphate,
that it contains at least five per centum of soluble phosphoric
acid and two per centum of ammonia, and in the case of any
acid phosphate or dissolved bone, that it contains at least
eight per centum of available phosphoric acid ; nor shall any
such tag be furnished or applied to any package of fertil-
izer, or bill of inspection delivered in respect of any fertil-
izer, that is in a damaged or unmerchantable condition.
48-49 W., c. 68, s. 11.
12. Every person who sells, or offers or exposes for sale, ...”
any fertilizer, in respect of which the provisions of this Act *...*
have not been complied with, or who permits a certificate this Act.
of analysis to be attached to any package, bag or barrel of
such fertilizer, or to be produced to the inspector, to accom-
pany the bill of inspection of such inspector, stating that
the fertilizer contains a larger percentage of the constituents
mentioned in the next preceding section than is contained
therein.-or who sells, offers or exposes for sale any fertil-
izer purporting to have been inspected and which does not
contain the percentage of constituents mentioned in the
next preceding section,-or who sells or offers or exposes
for sale any fertilizer which does not contain the percentage
of constituents mentioned in the manufacturer's certificate
accompanying the same, shall be liable in each case to a
penalty not exceeding fifty dollars for the first offence, and
- 1455
Chap. 108. The Fertilizers Act. 49 WICT.
Proviso,
Penalty for
forging cer-
tificate, &c.
For unlaw-
fully attach-
ing tag or
certificate.
For giving
false certi-
ficate.
Application
of penalties.
for each subsequent offence to a penalty not exceeding one
hundred dollars: Provided always, that a deficiency of one
per centum of the ammonia or its equivalent of nitrogen, or
of the phosphoric acid, claimed to be contained, shall not be
considered as evidence of fraudulent intent, 48-49 W., c. 68,
s. 12.
18- Every person who forges, or utters or uses, knowing
it to be forged, any manufacturer's certificate, bill of inspec-
tion, certificate of analysis, or inspector's tag, required under
this Act, is guilty of a misdemeanor, and liable to imprison-
ment for a term not exceeding two years, with or without
hard labor. 48-49 W., c. 68, s. 13, part.
14- Every person who wilfully applies to any fertilizer a
certificate or tag, or produces to any person a bill of inspec-
tion, given in relation to any package or lot of fertilizer
other than that to which it is so applied or in respect of
which it is so produced, shall be liable to a penalty not ex-
ceeding five hundred dollars, and in default of payment to
imprisonment for a term not exceeding twelve months.
48-49 W., c. 68, s. 13, part. &
15- Every person who gives a false certificate in writing
to any person in respect to a fertilizer sold by him as a
principal or agent, shall be liable to a penalty not exceeding
five hundred dollars, and in default of payment to impri-
sonment for a term not exceeding twelve months. 48-49 W.,
c. 68, s. 13, part. t
16- All penalties recovered under this Act shall form part
of the Consolidated Revenue Fund. 48-49 W., c. 68, s. 14.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1456
CHAPTER IO9.
An Act respecting Railways. A.D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
SHORT TITLE.
1. This Act may be cited as “The Railway Act.” 42 W., Short title.
c. 9, s. 1.
GENERAL INTERPRETATION.
2. In this Act and in the special Act incorporating any Interpreta-
railway company to which this Act or any part thereof *
applies, unless the context otherwise requires,-
(a.) The expression “the Minister’ means the Minister of “Minister.”
Railways and Canals, and the expression “Deputy" means “Deputy.”
the Deputy of the Minister of Railways and Canals ;
(b.) The expression “department” means the Department Depart
of Railways and Canals; ment.
(c.) The expression “land” includes real property, mes- “Land.”
suages, lands, tenements and hereditaments of any tenure ;
(d.) The expression “lease” includes an agreement for a “Lease.”
lease; -
(e.) The expression “toll” includes any rate or charge or “Toll.”
other payment payable under this Act or the special Act
for any passenger, animal, carriage, goods, merchandise,
matter or thing conveyed on the railway;
(f) The expression “goods” includes things of every kind “Goods.”
that may be conveyed upon the railway, or upon steam ves-
sels or other vessels connected there with ;
(g.) The expression “county’ includes any county, union “County.”
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;
(h) The expression “highway ” includes any public road, “Highway.”
street, lane or other public way or communication ;
(i.) The expression “sheriff’’ includes under sheriff, or “Sheriff,
other legal competent deputy ; and when any matter in
relation to any lands is required to be done by any sheriff
or clerk of the peace, the expression “the sheriff,” or the
expression “clerk of the peace,” shall, in such case, be con-

1457
2
Chap. 109. The Railway Act. 49 WICT.
** Clerk of the
“ peace.”
** Justice ’’
“Two Jus-
‘‘ tices.”
“Map or
“plan.”
“Owner.”
“Railway
“Committee.”
Application
of part one.
How certain
provisions .
may be made
not to apply.
strued to mean the sheriff or clerk of the peace of the dis-
trict, county, riding, division or place where such lands are
situate, and if there is no clerk of the peace, shall include
clerk of the municipality ; and if the lands in question,
being the property of one and the same person, are situate
not wholly in one district, county, riding, division or place,
the same expression shall be construed to mean the sheriff
or clerk of the peace of any such district, county, riding,
division or place where any portion of such lands is situate ;
(j.) The expression “justice” means a justice of the peace
acting for the district, county, riding, division, city or place
where the matter requiring the cognizance of a justice
arises, and who is not interested in the matter ; and when
the matter arises in respect of lands which are the pro-
perty of one and the same person, situate not wholly in any
one district, county, riding, division, city or place, the ex-
pression “justice ’’ means a justice acting for the district,
county, riding, division, city or place where any portion of
such lands is situate, and who is not interested in such
matter; and when any matter is authorized or required to
be done by two justices, the expression “two justices” shall
be understood to mean two justices assembled and acting
together ; -
(k.) The expression “map or plan º' means a ground plan
of the lands and property taken or intended to be taken ;
(l.) The expression “owner,” when, under the provisions
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 author-
ized or required to be done with the consent of the owner,
shall be understood to mean any person who, under the pro-
visions of this Act or the special Act, or any Act incorpor-
ated there with, would be enabled to sell and convey lands
to the company ; º
(m.) The expression “the railway committee’’ means the
Railway Committee of the Privy Council. 42 W., c. 9, s. 5,
Sub-SS. 5 to 14;-46 W., c. 24, s. 2, part.
APPLICATION OF ACT.
3. The provisions of this Act, from section four to section
thirty-nine, both inclusive, being Part One of this Act, shall
apply to every railway constructed or to be constructed
under the authority of any Act passed by the Parliament
of Canada, and shall, in so far as they are applicable 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 form-
ing one Act: -
2. Any of the said provisions forming Part One of this Act
may be excepted from incorporation with the special Act,
by enacting, in such special Act, that the sections of this
Act proposed to be excepted, referring to them by the num-
1458
1886. The Railway Act. Chap. 109. 3
bers which they bear respectively, shall not be incorporated
with such special Act, which shall thereupon be construed
accordingly :
3. The provisions of this Act, from section forty to section Application of
one hundred and six, both inclusive, being Part Two of P***
this Act, shall apply to all railway companies and railways
within the legislative authority of the Parliament of Canada,
except Government railways. -
4. The provisions of this Act, from section one hundred Application of
and seven to section one hundred and nineteen, both inclu-P" ".
sive, being Part Three of this Act, shall apply to all railway
Companies operating a line or lines of railway in Canada,
whether otherwise within the legislative authority of the
Parliament of Canada or not. 42 W., c. 9, ss, 2 and 3%–46 W.,
C. 24, S. 1 ;-47 W., c. 11, s. 1.
*ºmmissiº
PART ONE.
INTERPRETATION.
4. In Part One of this Act, unless the context otherwise Interpreta-
requires,- # tion in part
(a.) The expression “the special Act ’’ means any Act ºn
authorizing the construction of a railway, with which this º
Act or “The Railway Act, 1868,” or “The Consolidated Rail-
way Act, 1879,” is incorporated; -
(b.) The expression “prescribed,” in reference to any matter “Prescribed.”
herein stated, means “as the same is prescribed or provided
for in the special Act,” and the sentence in which such
word occurs shall be construed as if, instead of the word
“prescribed,” the expression “prescribed for that purpose
in the special Act,” had been used;
(c.) The expression “the lands" means the lands which, “ The lands.”
by the special Act, are authorized to be taken or used for the
purposes thereof; -
(d.) The expression “the undertaking” means the railways “The under-
and works, of whatsoever description, authorized under the “taking.”
special Act to be constructed: -
2. In Part One of this Act and in the special Act, unless In part one
the context otherwise requires,- *pecial
(e.) The expression “the company,” means the company ... com.
or person authorized by the special Act to construct the “pany.
railway ;
(f) The expression “the railway ” means the railway and “The rail-
the works authorized under the special Act to be constructed. "Wº"
42 W., c. 9, s. 5, sub-ss. 1 to 5, and 15 and 16.
INCORPORATION.
5. Every company incorporatéd under a special Act shall ºl.”
- & e 8,V l’I) O-
be a body corporate, under the llame declared in the special . tºº.
14% 1459
4
Chap. 109. The Railway Act. 49 WICT
Powers.
To receive
ºn's of land,
C.
To purchase
land.
To carry rail-
way across
lands.
And across
and along
streams, &c.
To make and
maintain rail-
Way.
To erect build-
ings, &c.
To make
branch rail-
Ways.
To do all
things
necessary.
Act, and shall be vested with all such powers, privileges.
and immunities as are necessary to carry into effect the inten-
tion 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.” 42 W., c. 9, s. 6.
POWERs.
6. The company may, -
(1.) Receive, take and hold all voluntary grants and dona-
tions of land or other property made to it, for the purpose of
aiding in the construction, maintenance and accommodation
of the railway; but the same shall be held and used for the
purpose of such grants or donations only ;
(2.) Purchase, take and hold, of and from any person, any
land or other property necessary for the construction, main-
tenance, accommodation and use of the railway, and also
alienate, sell or dispose of the same ; -
(3.) Make, carry or place the railway across or upon the
lands of any person on the line of the railway, or within the
distance from such line stated in the special Act, although,
through error or other cause, the name of such person has
not been entered in the book of reference hereinafter men-
tioned, or although some other person has been erroneously
mentioned as the owner of or entitled to convey, or is inter-
ested in such lands;
(4.) Construct, maintain and work the railway across,
along, or upon any stream of water, watercourse, canal,
highway or railway which it intersects or touches; but the
stream, water course, highway, canal or railway so inter-
sected or touched, shall be restored by the company to its
former state, or to such state as not to impair its usefulness;
(5.) Make, complete, alter and keep in repair the railway,
with one or more sets of rails or tracks, to be worked by the
force and power of steam, or of the atmosphere, or of animals,
or by mechanical power, or by any combination of them;
(6.) Erect and maintain all necessary and convenient build-
ings, stations, depôts, wharves and fixtures, and from time
to time alter, repair or enlarge the same, and purchase and
acquire stationary or locomotive engines and carriages, wag-
Oms, floats and other machinery necessary for the accommo-
dation and use of the passengers, freight and business of the
railway;
(7.) Make branch railways, if required and provided for by
the special Act, and manage the same, and for that purpose
exercise all the powers, privileges and authorities necessary
therefor, in as full and ample a manner as for the railway ;
(8.) Construct and make all other matters and things neces-
sary and convenient for the making, extending and using of
the railway, according to the meaning and intent of this Act,
and of the special Act ;
1460
1886. The Railway Act. Chap. 109.
(9.) 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 compensation ;
(10.) Borrow, from time to time, either in Canada or else-
where, such sums of money as are expedient for completing,
maintaining or working the railway, and at a rate of inter-
est not exceeding eight per cent. per annum, and make the
bonds, debentures or other securities granted for the sums
so borrowed payable either in currency or in sterling, and
at such place or places, within or without Canada, as are
deemed advisable, and sell the same at such prices or dis-
count as are deemed expedient or are necessary, and hypo-
thecate, mortgage or pledge the lands, tolls, revenues and
other properties of the company for the due payment of the
said sums and the interest thereon, but no such debenture
shall be for a less sum than one hundred dollars: Provided
always, that the power of issuing bonds hereby conferred
upon the company or under the special Act shall not be
construed as being exhausted by such issue; but such power
may be exercised, from time to time, upon the bonds consti-
tuting such issue being withdrawn or paid off, and duly
cancelled; but the limit to the amount of bonds fixed in
the special Act shall not be exceeded ;
(11.) 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 : * {
(12.) Fell or remove any trees standing in any woods,
lands or forests where the railway passes, to the distance of
six rods from either side thereof;
(13.) Cross, intersect, join and unite the railway with any
other railway at any point on its route, and upon the lands
of such other railway, with the necessary conveniences for
the purposes of such connection ; and the owners of both
railways may unite in forming such intersection, and grant
the facilities therefor; and in case of disagreement as to the
amount of compensation to be made therefor, or upon the
point or manner of such crossing and connection, the same
shall be determined by arbitrators, who shall be appointed
by a judge of one of the superior courts in the Province in
which the point of junction or intersection is situate :
(14) No railway company shall avail itself of any of the
powers contained in the next preceding sub-section without
application to the Railway Committee for approval of the
mode of crossing, union or intersection proposed; of which
application, notice in writing shall be given by the com-
pany to any other company affected, by sending the same,
by mail or otherwise, to the address of the president, super-
To convey
persons and
goods.
To borrow
money, &c.
Proviso; as
to extent of
such power.
To enter lands
for survey, &c.
To fell trees.
To cross or
unite with
other rail-
ways.
Compensa-
tion, &c.
Approval of
Railway Com-
mittee to be
obtained.
14% - 1461
Chap. 109. The Railway Act. 49 WICT.
Branch lines
not more than
six miles in
length.
Changes in
line of rail-
way may be
made.
As to lands
vested in Her
Majesty.
As to lands
reserved for
naval or
military pur-
poses.
Consent of
naval or
militar
authority.
intendent, managing director or secretary of such other com-
pany; and when such approval has been obtained, either
company may, in case of disagreement as to the amount to
be paid for compensation, proceed for the determination of
such compensation as provided in the next preceding sub-
section :
(15.) Any company may construct a branch or branches,
not exceeding six miles in length, from any terminus or sta-
tion of its railway, whenever a by-law sanctioning the same
has been passed by the municipal council of the municipality
within the limits of which such proposed branch is situate ;
and no such branch shall, as to the quality and construction
of the road, be subject to any of the restrictions contained in
the special Act or in this Act, nor shall any thing in either
of the said Acts authorize the company to take, for such
branch, any lands belonging to any person, without the con-
sent of such person first obtained:
(16.) Any company, which desires at any time to change
the location of its line of railway in any particular part, for
the purpose of lessening a curve, reducing a gradient or
otherwise benefiting such line of railway, or for any other
purpose of public advantage, may make such change; and
all the provisions 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, as to the original line; but no company shall
extend its line of railway beyond the termini mentioned in
the special Act :
(17.) No company shall take possession of, use or occupy
any lands wested in Her Majesty, without the consent of
the Governor in Council; but with such consent, any such
company may take and appropriate, for the use of its railway
and works, but not alienate, so much of the wild 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 works, subject, how-
ever, to the exceptions contained in the next following sub-
section : ->
(18.) Whenever it is necessary for such company to occupy
any part of the lands belonging to Her Majesty reserved for
naval or military purposes, it shall first apply for and obtain
the license and consent of Her Majesty, 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 rail-
way ; but in the case of any such naval or military reserves,
no such license or consent shall 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
1462
1886. tº The Railway Act. Chap. 109. 7
of such license and consent being so given. 42 W., c. 9, s. 7,
Sub-SS. 1 to 15, 16, part, 17 and 19;-46 W., c. 24, s. 7, part.
PILANS AND STURVEYS.
7. Plans and surveys shall be made and corrected as fol- Plans and
lows — Surveys.
(1) Surveys and levels shall be taken and made of the jºys and
lands through which the railway is to pass, together with a º S. l
map or plan thereof, and of its course and direction, and of j'...".
the lands intended to be passed over and taken therefor, as reference.
far as then ascertained; and a book of reference for the rail-
way shall also be made, in which shall be set forth :—
(a.) A general description of the said lands ;
(b.) The names of the owners and occupiers thereof, as far
as they can be ascertained ; and—
(c.) Everything necessary for the right understanding of
such map or plan : -
(2.) The map or plan and book of reference shall be ex- To be ind
amined and certified by the Minister or by the deputy, and ...a
a duplicate thereof, so examined and certified, shall be de- ºr
posited at the department; and the company shall deposit *
copies of such map or plan and book of reference, or of
such parts thereof as relate to each district or county through
which the railway is to pass, in the offices of the clerks of
the peace for such districts or counties respectively : -
(3.) Any person may resort to such copies, and make ex- Aººs to
tracts therefrom or copies thereof, as occasion requires, pay- “”
ing to the clerks of the peace at the rate of ten cents for
every hundred words : e
(4.) Such map or plan and book of reference so certified, º be
or a true copy thereof, certified by the minister or by any §.
clerk of the peace, shall be evidence in any court of justice
and elsewhere : -
(5.) 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 : -
(6.) The certificate shall state the particulars of any such Certificate re-
omission, and the manner thereof, and shall be deposited * *
with the clerks of the peace of the districts or counties, re-
spectively, in which such lands are situate, and shall be kept
by them together with the other documents to which they
relate; 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 :
1463
8
Chap. 109. The Railway Act. 49 WICT.
Alterations
from original
survey.
Works not to
be proceeded
with until
map, &c., are
deposited.
Custody of
copies by
clerks of the
peace.
Copies cer-
tified by
clerk to be
evidence.
What devia-
tion allowed.
As to error in
name entered
in book of
reference.
Map of com-
pleted railway
to be filed at
the depart-
ment.
(7.) If any alterations from the original plan or survey are
intended to be made in the line or course of the railway, a
plan and section of such alterations as have been approved
of by Parliament, on the same scale and containing the same
particulars as the original plan and survey, shall be de-
posited in the same manner as the original plan, and copies
of or extracts from such plan and section, so far as they relate
to the several districts or counties in or through which such
alterations have been authorized to be made, shall be de-
posited with the clerks of the peace of such districts and
counties: • ,
(8.) Until such original map or plan and book of reference,
or the plans and sections of the alterations, have been so de-
posited, the construction of the railway, or of the part thereof
affected by the alterations, as the case may be, shall not be
proceeded with :
(9.) The clerks of the peace shall receive and retain the
copies of the original plans and surveys, and copies of the
plans and sections of alterations, and copies and extracts
thereof respectively, and shall permit all persons interested
to inspect any of the documents aforesaid, and to make copies
of and extracts from the same ; and every clerk of the peace
who refuses so to do, shall incur a penalty, for each default,
of four dollars :
(10.) The copies of the maps, plans and books of reference,
or of any alteration or correction thereof, or extracts there-
from, certified by the clerk of the peace, shall be received
in all courts of justice and elsewhere as evidence of the
contents thereof, and the clerk of the peace shall give such
certificate to any person interested when required so to do :
(11) No deviation of more than one mile from the line of
the railway or from the places assigned thereto in the said
map or plan and book of reference, or plans and sections,
shall be made into, through, across, under or over any part of
the lands not shown in such map or plan and book of refer-
ence, or plans or sections, or within one mile of the said line
and place, except in such instances as are provided for in the
special Act:
(12.) The railway may be carried across or upon the lands
of any person on the line, or within 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 inter-
ested in such lands : -
(13) A map 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 like maps 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
1464
T886. The Railway Act. Chap. 109. 9
which fails or neglects to furnish such map 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 neglect continues, which penalty shall be recover-
able in Her Majesty's name in any court of competent juris-
diction :
(14.) Every such map shall be drawn on such a scale and on Scale and
such paper as are, from time to time, designated for that pur-P"P*
pose by the Minister, and shall be certified and signed by
the president or engineer of the company:
(15.) The plan and book of reference may be made of sec- Plan, &c., may
tions of the railway not less than twenty miles in length; ****
and in addition thereto, the company shall file, at the de- Filing of
partment, within three months after the deposit of such Pº"
map or plan and book of reference, a profile of the railway
described upon such map or plan. 42 W., c. 9, S. 8;—46 W.,
c. 24, S. 2, part.
LANDS AND THEIR, WALUATION. .
8. In this section the expression “court” means a superior Hºpreta-
court of the district or Province in which the lands are situate, Fºurt.”
and the expression “judge" means a judge of such superior “Judge.”
Court :
2. The lands which may be taken without the consent of Extent of
the owners thereof shall not exceed thirty-three yards in ... ºut
breadth, but in places where the railway is raised more than consent of
five feet higher, or cut more than five feet deeper than the Pºp"
surface of the line, or where offsets are established, or where
stations, depôts or fixtures are intended to be erected, or
goods to be delivered, the lands which may be taken with-
out the consent of the owner shall not be more than six Extra breadth
hundred and fifty yards in length by one hundred yards ..."
in breadth, except for town and city stations, depôts or "
terminal stations, or for protection against Snow drifts, in
which cases such greater quantity of land or land covered
with water may be taken, as is approved by the Governor
in Council :
3. The places at which such extra breadth is to be taken To be shown
shall be shown on the map or plan, or plans or sections, 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 the
distance aforesaid from such line : -
4. The extent of the public beach, or of the land covered º: h
with the waters of any river or lake in Canada, taken for the #.
railway, shall not exceed the quantity limited in sub-section
two of this section :
5. All tenants in tail or for life, grevés de substitution, 99 yeyance
* tº º to the com-
guardians, curators, executors, administrators, trustees and ...
all persons whomsoever, not only for and on behalf of them-
1465
10 Chap. 109. - The Railway Act. 49 WICT.
selves, their heirs and successors but also for and on behalf
of those whom they represent, whether infants, issue unborn,
lunatics, idiots, femes-covert, or other persons, seized, pos-
sessed of, or interested in any lands, may contract, sell and
convey to the company all or any part thereof:
Order of judge 6. In all cases in which the persons hereinbefore enume-
..., rated have no right in law to sell or convey the rights of pro-
- perty of the said land, the said 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 pur-
chase money in such a manner as he deems necessary, in
accordance with the law of the Province, to secure the inter-
ests of the owner of the said land :
Limitation of 7. The powers by the next preceding sub-section conferred
£º. * upon rectors in possession of glebe lands in the Province of
Ontario, ecclesiastical and other corporations, trustees of land
for church or school purposes, or either, executors appointed
by wills under which they are not invested with any power
over the real property of the testator, administrators of per-
sons dying intestate, but at their death seized of real pro-
perty, shall only extend and be exercised with respect to any
of such lands actually required for the use and occupation of
a company :
Effect of sale 8. Any contract, agreement, sale, conveyance and assurance
*** so made, under the two sub-sections next preceding, shall
. be valid and effectual in 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 limita-
tions whatsoever ; and the person so conveying is hereby
indemnified for what he does by virtue of or in pursuance
of this Act :
Responsibility 9. The company shall not be responsible for the disposi-
* tion of any purchase money for lands taken by it for its pur-
* poses, if paid to the owner of the land or into court for his
benefit, as hereinafter provided:
Effect of con- 10. Any contract or agreement made by any person auth-
; *::::: orized by this Act to convey lands, and made before the de-
ofmap, &c., posit of the map or plan and book of reference, and before the
setting out and ascertaining of the lands required for the rail-
way, 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 pro-
perty 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 here-
inafter provided, and the agreement shall be in the place of
an award: -
Fixed rent 11. All persons who cannot, in common course of law,
*** sell or alienate any lands so set out and ascertained, shali
1466
1886. The Railway Act. Chap. 109. 11
agree upon a fixed annual rent as an equivalent, and not º'
upon a principal sum, to be paid for the ſands; 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:
12. For the payment of the said annual rent and every Lien for pay-
other annual rent agreed upon or ascertained, and to be ment thereof.
paid for the purchase of any lands, or for any part of the
purchase money of any lands, which the vendºor 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, upon the deed creating such charge and
liability being duly registered in the registry office of the
proper district, county or registration division: -
18. After the expiration of ten days from the deposit of the flºº
* º rom deposit
map or plan and book of reference, and after notice thereof.i. to
has been given in at least one newspaper, if there is any, owner.
published in each of the districts and counties through which
the railway is intended to pass, application may be made to
the owners of lands, or to persons empowered to convey
lands, or interested in lands which may 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
shall be ascertained, as seems expedient to both parties; and ºn "
in case of disagreement between them, or any of them, all agreement.
questions which arise between them shall be settled as in
the following sub-sections of this section mentioned : -
14. The deposit of a map or plan and book of reference, Deposit to
and the notice of such deposit, shall be deemed a general ...”
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 date with reference to which the aforesaid com-
pensation or damages shall be ascertained :
15. The notice served upon the party shall contain,_ ...a
(a) A description of the lands to be taken, or of the powers ºn
intended to be exercised with regard to any lands, and des- contain.
cribing the lands;
(b.) A declaration of readiness to pay some certain sum or
rent, as the case may be, as compensation for 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; and such notice
shall be accompanied by the certificate of a sworn surveyor
for the Province or Territories in which the lands are situated,
who is a disinterested person and is not the arbitrator named
in the notice, which certificate shall state,
(1.) That the land, if the notice relates to the taking of land What suº-
-> se e e yor's certifi-
shown on the said map or plan, is required for the railway, je siliºn-
or is within the limits of dºwn hereby allowed; tain.
146
12 Chap. 109. The Railway Act. 49 WICT.
(2) That he knows the land, or the amount of damage
likely to arise from the exercise of the powers; and—
(3.) That the sum so offered is, in his opinion, a fair com-
pensation for the land and damage aforesaid:
jº 16. If the opposite party is absent from the district or
jº" county in which the lands lie, or is unknown, an applica-
ment. tion for service, by advertisement, may be made to a judge :
Certificate . 17. The application for service by advertisement shall be
tºº, acºmº by such certificate as aforesaid, and by an affi-
applicatión, davit of some officer of the company that the opposite party
is so absent, or that, after diligent inquiry, the person on
whom the notice ought to be served cannot be ascertained,
and the judge shall order a notice as aforesaid, but without
certificate, to be inserted three times in the course of one
month, in a newspaper published in the district or county ;
or if there is no newspaper published therein, then in a
newspaper published in some adjacent district or county:
Party not 18. If, within ten days after the service of such notice, or
..º.o. within one month after the first publication thereof, the
appointing an opposite party does not give notice to the company that he
* 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
sworn surveyor for the Province or Territories, as the case
may be, to be sole arbitrator for determining the compensa-
tion to be paid as aforesaid :
Appointment 19. If the opposite party, within the time aforesaid, gives
i. º, notice to the company of the name of his arbitrator, then
## ºf the two arbitrators shali jointly appoint a third, Or if they
* cannot agree upon a third, the judge shall, on the application
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 : - -
jºº " .. 20. The arbitrators, or the sole arbitrator, as the case may
"I be, shall be sworn before a justice of the peace for the dis-
trict or county in which the lands lie, faithfully and impar-
tially to perform the duties of their office, and shall proceed
Their duties to ascertainthe said 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 ; but no such award shall be
made or any official act be done by such majority, except at
a meeting held at a time and place of which the other arbi-
trator has had at least two clear days' notice, or to which
Some meeting 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:
!. 21. The arbitrators, in deciding on such value or com-
maining pensation, shall take into consideration the increased value
that would be given to any lands through or over which
1468
* 1886, - The Railway Act. Chap. 109. 13
lands to be
the railway will pass, by reason of the passage of the railway considered
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 inconvenience,
loss or damage that might be suffered or sustained by reason
of the company taking possession of or using the said lands
as aforesaid :
22. If by an award of arbitrators made under this Act º by
whom
the sum awarded exceeds the sum offered by the company, payable.
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:
23. The arbitrators, or a majority of them, or the sole Witnesses.
arbitrator, may examine on oath or solemn affirmation the
parties, or such witnesses as voluntarily appear before them
or him, and may administer such oath or affirmation : 8 tº s ºn tº
24. A majority of the arbitrators, at the first meeting after º,
their appointment, or the sole arbitrator, shall fix a day on may be made.
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 arbitrators,
then the sum offered by the company, as aforesaid, shall be
the compensation to be paid by the company :
25. If the sole arbitrator appointed by the judge, or any Wºgancy in.
t & e ſº office of arbi-
arbitrator appointed by the two arbitrators, dies before the .io.
award has been made, or is disqualified, or refuses or fails 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 appointed 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 the nineteenth sub-
section of this section shall apply ; but no recommencement
or repetition of the previous proceedings shall be required
In any case:
26. Any such notice for lands, as aforesaid, may be aban- ºpany may
doned, and a new notice given, with regard to the same or 'º' *
} sº } S COStS.
other lands, and to the same or any other person; but in any
such case the liability to the person first notified for all dam-
ages or costs by him incurred in consequence of such first
notice and abandonment, shall subsist:
27. The surveyor or other person offered or appointed as Wallator or
* e g g arbitrator not
valuator, or as sole arbitrator, shall not be disqualified because jºd
he is professionally employed by either party, or has pre- ºom-
viously expressed an opiniº the amount of compensa- jº"
14 Chap. 109. The Railway Act. 49 WICT.
tion, 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 disqualifica-
tion 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 invalidity shall
be summarily determined by the judge:
When dis- 28. No cause of disqualification shall be urged against
º" any arbitrator appointed by the company or by the oppo-
urged. 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:
Award nºt 29. No award shall be invalidated by reason of any want
avoided for e º e § sº g
jº fººm. of form or other technical objection, if the requirements of this
Act have been complied with, and if the award states clearly
the sum awarded, and the lands 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 :
Upon payment 30. Upon payment or legal tender of the compensation or
...a annual rent, so awarded or agreed upon, to the person entitled
possession, to receive the same, or upon the payment into court of the
*** amount of such compensation, in the manner hereinafter
mentioned, the award or agreement shall vest in the com-
pany 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
Warrant of upon ; and if any resistance or forcible opposition is made
P* by any person to its so doing, the judge may, on proof to
his satisfaction of such award or agreement, issue his war-
rant to the sheriff of the district or county, or to a bailiff, as
he deems most suitable, to put down such resistance or Op-
position, 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 resistance or opposi-
tion, and put the company in possession :
Warrant of 31. Such warrant may also be granted by the judge, with-
#:..." out such award or agreement, on affidavit to his satisfaction
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 company is
ready forth with to proceed: -
Qn what con- (a.) The judge shall not grant any warrant under this
º, sub-section unless ten days’ previous notice of the time and
be granted. place when and where the application for such warrant
is to be made has been served upon the owner of the land,
1470
1886. The Railway Act. Chap. 109. 15
or the person empowered to convey the land, or interested
in the land sought to be taken, or which may suffer damage
from the taking of materials sought to be taken, or the exer-
cise of the powers sought to be exercised, or the doing of
the thing sought to be done, by the company, and unless
the company gives security to his satisfaction, by deposit in Security to be
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 double the amount mentioned in the notice served
under sub-section fifteen of this section ;
(b.) The costs of the application to and of any hearing Costs.
before the judge, shall be borne by the company, unless the
compensation awarded is not more than the company had
offered to pay; and no part of such deposit or of any interest Payment on
thereon shall be repaid or paid to such company or paid to * order
such owner or party without an order from the judge, which " '
he may make in accordance with the terms of the award :
32. The compensation for any lands which may be taken º
without the consent of the proprietor, shall stand in the .#. e
stead of such lands; and any claim to or incumbrance upon land.
the said lands, or any portion thereof, shall, as against the
company, be converted into a claim to the compensation, or
to a like proportion thereof; and the company shall be res-
ponsible accordingly, whenever it has paid such compensa-
tion, or any part thereof, to a person not entitled to receive
the same, saving always its recourse against such person :
33. If the company has reason to fear any claims or in- Payment of
cumbrances, or if any person to whom the compensation or ..."
annual rent, or any part thereof is payable, refuses to exe- certain cases.
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 :
34. A notice, in such form and for such time as the court Notice to be
appoints, shall be inserted in a newspaper, if there is any, *
published in the district or county in which the lands are
situated, and in a mewspaper published at the seat of Gov-
ernment of the Province, 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 entitled
to the land, 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
1471
16
Chap. 109. The Railway Act. 49 WICT.
Distribution of
compensation
and effect
thereof.
Interest.
Proceedings
in a like case
in the Pro-
vince of
Quebec.
Confirmation
of title.
Special notice
in such case.
Effect of con-
firmation.
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 mort-
gages 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
appertain :
35. The costs of the proceedings, in whole or in part, shall
be paid by the company, or by any other person, as the court
orders:
36. If such order of distribution is obtained in less than
six months from the payment of the compensation 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 obtained until after the six
months have expired, the court shall order the company to
pay to the proper claimants the interest for such further
period as is right:
37. If the lands so taken are situated in the Province of
Quebec, and if the company has reason to fear any claim,
mortgage, hypothèque or incumbrance, or if any person to
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
prothomotary of the Superior court for the district in which
the land is 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
the company to the land 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 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:
(a.) Such judgment of confirmation shall forever bar all
claims to the land, or any part thereof, including dower not
yet open, as well as any mortgage, hypothèque or incum-
brance upon the same; and the court shall make such order
for the distribution, payment or investment of the compen-
sation, and for the security of the rights of all persons inter-
ested, as to right and justice, and to law appertain ;
1472
1886. . The Itailway Act. Chap. 109. 17
(b.) The costs of the proceedings, in whole or in part, Costs.
shall be paid by the company, or by any other person, as the
court orders, and if judgment of confirmation is obtained in Interest.
less than six months from the payment of the compensation
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 ob-
tained 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. 42 W., c. 9, s.9, part, and 10,
part ;-46 W., c. 24, s. 2, part, and S. 8;-47 W., c. 11, ss. 11 and
12, part, 13 and 14. -
9. Whenever stone, gravel, earth, sand or water is re-Power to ºke
tº & º - tº materials for
quired for the construction or maintenance of any railway, j.
or any part thereof, the company may, if it cannot agree
with the owner of the lands on which the same are situated,
for the purchase thereof, cause a land surveyor, duly licensed
to act as such in the Province, Territory, district or county,
to make a map and description of the property so required,
and it shall serve a copy thereof, with its notice of arbitra-
tion as in the case of acquiring the roadway ; and all the
provisions of this Act as to the service of the said notice of
arbitration, compensation, deeds, payment of money into
court, the right to sell, the right to convey, and the persons
from whom lands may be taken, or who may sell, 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
take material for any time it thinks necessary,+and the notice Notice in case
of arbitration, if arbitration is resorted to, shall state the in- of arbitration.
terest and powers required. 42 W., c. 9, s.9, sub-s. 38.
10. Whenever any gravel, stone, earth, sand or water is Power to
taken as aforesaid, at a distance from the line of the railway, ...";
the company may lay down the necessary sidings, water }
pipes or conduits and tracks, over or through any lands in-
tervening between the railway and the lands 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 companythinks pro-
per ; and the powers in this and the next preceding section Maintenance
contained may, at all times, be exercised and used in all º Of
respects, after the railway is constructed, for the purpose
of repairing and maintaining the railway. 42 W., c. 9, s.9,
sub-s. 39.
1473
18
w Chap. 109. The Railway Act. 49 WICT.
Provision
when the
whole parcel
of land can
be purchased
with advan-
tage.
Compulsory
provisions
not to apply.
Railway not
to be carried
along high-
way without
permission of
proper author-
ity.
Variation
when crossing
on the level.
Height of span
of bridges over
highways.
Sign boards
over railway
CrOSSing.
11. Whenever, for the purpose of procuring sufficient
lands for stations or gravel pits, or for constructing, main-
taining and using the railway, any land may be taken under
the compulsory provisions of this part of this Act, and by
purchasing the whole of any lot or parcel of land over which
the railway 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 greater advantage than by
purchasing the roadway line only, or only such part as afore-
said, 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 not apply to the taking of any portion of such lot
or parcel not necessary for the purposes aforesaid. 42 W.,
c. 9, s. 9, sub-s. 40.
EIIGHWAYS AND BIRIDGES.
12. The railway shall not be carried along an existing
highway, but shall merely cross the same in the line of the
railway, unless leave has been obtained from the proper
municipal or local authority therefor; and no obstruction of
such highway with the works shall be made without turn-
ing the highway so as to leave an open and good passage for
carriages, and, on completion of the works, replacing the
highway; and every company which violates the provisions
of this 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 rise above or sink below the surface of
the road more than one inch, shall not be deemed an obstruc-
tion : -
2. No part of the railway which crosses any highway
without being carried over it by a bridge, or under it by
a tunnel, shall rise above or sink below the level of the
highway more than one inch ; and the railway may be
carried across or above any highway within such limits:
3. The span of the arch of every bridge erected for carrying
the railway over or across any highway shall, at all 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 under any such
bridge shall not exceed one foot in twenty feet:
4. Signboards stretching across or projecting over the high-
way crossed at a level by any railway, shall be erected and
kept up at each crossing at such height as to leave sixteen
feet from the highway to the lower edge of the signboard,
and shall have the words “railway crossing ” painted on
each side of the signboard, in letters at least six inches in
length; and every company which neglects to comply with
1474
1886. The Railway Act. Chap. 109. 19
the requirements of this sub-section, shall incur a penalty
not exceeding forty dollars. 42 W., c. 9, s. 15, sub-ss. 1 to 3 *r
and 6.
FENCES AND CATTLE GUARDs.
18. Within three months after the construction of a railway Fences, &c.,
on any section or lot of land which is occupied, or, before ...”
such construction, within six months after any part of such tained.
section or lot of land has been taken possession of by the
company for the purpose of constructing a railway thereon,
and after the company has been so required, in writing, by
the occupant thereof, the company shall erect and main-
tain, L
(a) Fences over such section or lot of land on each side Description of
of the railway, of the height and strength of an ordinary *
division fence, with openings or gates, or bars, or sliding or
hurdle gates, with proper fastenings therein, at farm cross-
ings of the railway ; and— -
(b) Cattle guards at all highway crossings, suitable and Cattle guards.
sufficient to prevent cattle and other animals from getting
on the railway :
2. If, after the expiry of such delay, such fences, gates Liability of
and cattle guards are not duly made and completed, or if ..."
after they are so made and completed, they are not duly &c., are "
maintained, the company shall be liable for all damages *-
done on the railway by its trains or engines to the cattle,
horses or other animals of the Occupant of the land in respect
of which such fences, gates or guards have not been made
or maintained, as the case may be, in conformity with the
next preceding sub-section : -
3. After such fences, gates and guards have been duly When to be
made and completed, and while they are duly maintained, *
no such liability shall accrue for any such damages, unless
the same are caused wilfully or negligently by the company
or by its employees: --
4. If the proprietor of any such section or lot has accepted. When owner
compensation for dispensing with the erection of such gates ...,
or bars, the proprietor or tenant thereof shall not be entitled
to avail himself of the provisions of this section. 46 W.,
c. 24, s.9, sub-SS. 1 to 3.
14. Every person who rides, leads or drives any horse or No cattle to
any other animal, or suffers any such horse or other animal ... "
to enter upon such railway, and within the fences and
guards, other than the farm crossings, without the consent
of the company, shall, for every violation of this section,
incur a penalty not exceeding forty dollars, and shall also Penalty.
pay to the person aggrieved all damages sustained thereby.
42 W., c. 9, s. 16, sub-s. 4.
15. No person other than those connected with the rail- No ºne tº
walk on the
way, or employed by the company, shall walk along the j
15% 1475
Chap. 109, The Railway Act. 49 WICT.
of pºnent of
tolls.
track thereof, except where the same is laid across or along
a highway. 42 W., c. 9, s. 16, sub-s. 5. -
TOLLS.
16. Tolls shall be, from time to time, fixed and regulated
by the by-laws of the company, or by the directors, if there-
unto authorized by the by-laws, or by the shareholders at
any general meeting, and may be demanded and received
for all passengers and goods transported upon the railway,
or in the steam vessels belonging to the company, and shall
be paid to such persons and at such places, near to the rail-
way, in such manner and under such regulations as the
by-laws direct:
2. In case of denial or neglect of payment on demand of
any such tolls, or any part thereof, to such persons, the same
shall be recoverable in any court of competent jurisdiction ;
or the agents or servants of the company may seize the goods
for or in respect whereof such tolls are payable, and may de-
tain the same until payment thereof, and in the meantime
the said goods shall be at the risk of the owners thereof:
3. If the tolls are not paid within six weeks, the com-
pany may sell the whole or any part of such goods, and out.
of the money arising from such sale retain the tolls pay-
able, and all charges and expenses of such detention and
sale, and shall deliver the surplus, if any, or such of the
goods as remain unsold, to the person entitled thereto :
4. If any goods remain in the possession of the company
unclaimed for the space of twelve months, the company may
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 auction, at a
time and place which shall be mentioned in such advertise-
Application of ment, and, out of the proceeds thereof, pay such tolls and all
reasonable charges for storing, advertising and selling such
goods; and the balance of the proceeds, if any, shall be
kept by the company for a further period of three months,
to be paid over to any person entitled thereto :
5. In default of such balance being claimed before the ex-
piration of the period last aforesaid, the same shall be paid
over to the Minister of Finance and Receiver General for the
public uses of Canada, until claimed by the person entitled
thereto :
6. The company may, subject to the provisions and limi-
tations herein and in the special Act contained, from time
to time, alter or vary the tolls by the special Act autho-
rized to be taken, either upon the whole or upon any par-
ticular portions of the railway, as the company thinks fit :
Prºviso; as to Provided, that all such tolls shall always, under the same cir-
cumstances,be charged equally to all persons, and at the same
rate, whether per ton, per mile or otherwise, in respect of
1476
1886. The Railway Act. Chap. 109. 21.
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 travel-
ling upon or using the railway :
7. In all cases, a fraction in the distance over which goods Fractions,
or passengers are transported on the railway shall be con- ..."
sidered as a whole mile ; and for a fraction of a ton in the
weight of any goods, a proportion of the tolls shall be de-
manded 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 :
8. The company shall, from time to time, cause to be Tariff to be
printed and posted up in its offices, and in every place where P" "P.
the tolls are to be collected, in some conspicuous place, a
printed board or paper, exhibiting all the rates of tolls pay-
able, and particularizing the price or sum of money to be
charged or taken for the carriage of any matter or thing:
9. No tolls shall be levied or taken until approved of by ãº. of
the Governor in Council, nor until after two weekly publi- º
cations in the Canada Gazette of the by-law establishing such
tolls, and of the Order in Council approving thereof:
10. Every by-law fixing and regulating tolls shall be sub- #º.
ject to revision by the Governor in Council, from time to ºwning
time, after approval thereof; and after an Order in Council
reducing the tolls fixed and regulated by any by-law, has
been twice published in the Canada Gazette, the tolls men-
tioned in such Order in Council shall be substituted for those
mentioned in the by-law, so long as the Order in Council
remains unrevoked : - i.e.
11. The Parliament of Canada may, from time to time, ...”
reduce the tolls upon the railway, but no such reduction ince .
shall, without the consent of the company, be made so as to
make the said tolls produce less than fifteen per cent. per
annum profit on the capital actually expended in its construc-
tion, and unless, on an examination made by the Minister
of the amount received and expended by the company, the
net income from all sources, for the year then last past is
found to have exceeded fifteen per cent. upon the capital so
actually expended; and the expression “capital,” as used in Interpretatiºn
this sub-section means the paid-up stock and paid-up share * *
capital of the company, with interest added, for periods during
which no dividend is paid, to the exclusion of all subsidies
and bonuses, and, as regards the Canadian Pacific Railway,
also to the exclusion of any debt of the company contracted
on the pledge thereof, or of any part thereof:
12. No by-law of any company, by which any tolls are to jºin
be imposed or altered, or by which any person other than jºi.
the shareholders, officers and servants of the company are
intended to be bound, shall have any force or effect until
153% 1477
2
2
Chap. 109. The Railway Act. 49 WICT.
Ceneral meet-
ings of share-
bolders.
Election of
board of
directors.
Who entitled
to vote at ad-
journed meet-
ling.
Vacancies,
how filled.
Qualification
of director.
Calling
general
meetings, &c
Votes on
shares.
Votes by
proxy.
Form.
the same has been approved by the Governor in Council.
42 W., c. 9, s. 17;-44 W., c. 24, s. 1;-46 W., c. 24, S. 12, part.
GENERAL MEETINGS OF SHAREHOLDERS.
17. The shareholders may assemble together at general
meetings for purposes connected with or belonging to the
undertaking, and, at any annual general meeting, may elect
directors in the manner hereinafter provided, 42 W., c. 9,
S. 18. -
PRESIDENT AND DIRECTORS.
18. A board of directors Óf the company to manage its
affairs, the number of whom shall be stated in the special
Act, shall be chosen annually by a majority of the share-
holders voting at such election at a general meeting, the
time and place for which shall be appointed by the special
Act, and if such election is not held on the day appointed,
the directors shall Gause such election to be held within as
short a delay as possible after the day appointed:
2. No person shall vote on such subsequent day except
those who would have been entitled to vote if the elec-
tion had been held on the day when it should have been
held :
3. 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 shareholder,
owning stock absolutely in his own right, and qualified to
vote for directors at the election at which he is chosen :
5. The method of calling general meetings, and the time
and place of the first meeting of shareholders for the appoint-
ment of directors, shall be prescribed and appointed in the
special Act:
6. The number of votes to which each shareholder shall
be entitled, on every occasion when the votes of the share-
holders are to be given, shall be in the proportion of the
number of shares held by him, unless otherwise provided
by the special Act :
7. Every shareholder, whether resident in Canada or else-
where, may vote by proxy, if he sees fit, and if such proxy
produces from his constituent an appointment in writing,
in the words or to the effect following, that is to say:—
I, , of , one of the share-
holders of the , do hereby appoint 5
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 o
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, th
day of , in the year
1478
1886. The Railway Act. Chap. 109. 23
8. The votes by proxy shall be as valid as if the constitu- Votes by.
ents had voted in person; and every matter or thing pro-P" ".
posed or considered at any meeting of the shareholders shall Majority to
be determined by the majority of votes and proxies then *
present and given, and all decisions and acts of any such
majority shall bind the company, and be deemed the deci-
sions and acts of the company:
9. The directors appointed at the last election, or those Term of office
appointed in their stead, in case of vacancy, shall remain in of directors.
office until the next ensuing election of directors:
10. In case of the death, absence or resignation of any of Vacancies,
the directors, others may be appointed in their stead by the * *
surviving directors; but if such appointment is not made,
such death, absence or resignation, shall not invalidate the
acts of the remaining directors: -
11. The directors shall, at their first or at some other meet- President.
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 direc- Term of office.
tors, and shall hold his office until he ceases to be a director,
or until another president has been elected in his stead; and Vice-presi-
they may, in like manner, elect a vice-president, who shall “"
act as chairman in the absence of the president:
12. The directors, at any meeting at which not less than Quorum.
a quorum, the number of such quorum being settled by the
special Act, are present, shall be competent to use and
exercise all and any of the powers vested in the directors:
13. The act of a majority of a quorum of the directors Acts of the
present at any meeting regularly held, shall be deemed the . "
act of the directors: Whole.
14. No director shall have more than one vote except the Votes of
chairman, who shall, in case of a division of equal numbers, *
have the casting vote:
15. The directors shall be subject to the examination and Pººr
control of the shareholders at their annual meetings, and {..."
shall be subject to all by-laws of the company, and to the by-laws.
orders and directions, from time to time, made or given at the
annual or special meetings; but such orders and directions
shall not be contrary to any express directions or provisions
of this Act or of the special Act :
16. No person who holds any office, place or employment Disability ºf
in, or who is concerned or interested in any contract under .
or with the company, shall 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, inter-
ested in any contract with the company, other than a con-
tract which relates to the purchase of land necessary for the
railway, or be or become a partner of any contractor with
the company :
17. The directors shall make by-laws for the management §. shall
and disposition of the stock, property, business and affairs g
1479
24 Chap. 109. The Railway Act. 49 WICT.
of the company, not inconsistent with the laws of Canada,
and for the appointment of all officers, servants and artificers,
º and prescribing their respective duties :
#. 18. The directors shall, from time to time, appoint such
security to be officers as they deem requisite, and shall take sufficient secur-
#. by ity, by one or more bonds, or by the guarantee of any society
* or joint stock company incorporated and empowered to grant
guarantees, bonds, covenants 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 :
Wºº- 19. In case of the absence or illness of the president, the
... vice-president shall have all the rights and powers of the
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:
Absence of 20. The directors may, at any meeting of directors, require
president may e
jºred of the secretary to enter such absence or illness among the pro-
minutes, &c. ceedings of such meeting ; and a certificate thereof, signed
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 primá 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 :
Annual state- 21. The directors shall cause to be kept and, annually, on
º the thirty-first day of December, to be made up and balanced,
a true, exact and particular account of the moneys collected
- and received by the company or by the directors or managers
thereof, or otherwise, for the use of the company, and of
the charges and expenses attending the erecting, making,
supporting, maintaining and carrying on of the undertaking,
and of all other receipts and expenditures of the company or
the directors. 42 W., c. 9, s. 19.
CALLS.
Calls, and 19. The directors may, from time to time, make such calls
notice thereof.
of money upon the respective shareholders, in respect of the
amount of capital respectively subscribed or owing by them,
as they deem necessary; and 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-
*...* scribed in the special Act; but nothing herein contained
j shall prevent the directors from making more than one call
1480
1886. The Railway Act. Chap. 109. 25.
by one resolution of the board: Provided, that the intervals Proviso.
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 :
2. All notices of calls upon the shareholders of the com- Publication of
pany shall be published weekly in the Canada Gazette, and notice.
a copy of the said Gazette shall, on production thereof, be
conclusive evidence of the sufficiency of such notice :
3. Every shareholder shall be liable to pay the amount of Payment of
the call so made in respect of the shares held by him, to the calls.
persons and at the times and places, from time to time, ap-
pointed by the company or the directors:
4. If, on or before the day appointed for payment of any ...ºu.
call, any shareholder does not pay the amount of such call, S •
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:
5. If, at the time appointed for the payment of any call, ºvery by
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 :
6. In any action or suit to recover any money due upon What allega-
any call, it shall not be necessary to set forth the special ºt.
matter, but it shall be sufficient to declare that the de-for calls.
fendant 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 the com-
pany by virtue of the special Act. 42 W., c. 9, s. 20, part.
DIVIDENDS AND INTEREST.
20. At the annual general meeting of the shareholders ºn of
of the company, from time to time holden, a dividend shall “"“”
be declared out of the clear profits of the undertaking, unless
such meeting decides otherwise :
2. Such dividend shall be at and after the rate of so much ...”
per share upon the several shares held by the shareholders" e
in the stock of the company, as such meeting thinks fit to
appoint or determine : -
3. No dividends shall be declared whereby the capital of Dividends not
*the company is in any degree reduced or impaired, or be º,”
paid out of such capital, nor shall any dividend be paid, in j
respect of any share, after a day appointed for payment of
any call for money in respect thereof, until such call has
been paid :
4. The directors may, in their discretion, until the railway Interest on
e º - Certain SumS
is completed and opened to the public, pay interest at any j.
rate not exceeding six per centum per annum, on all sums
called up in respect of the shares, from the respective days
1481
26 .
Chap. 109. The Railway Act. 49 WICT.
No interest
on share in
3. Trea.I.
How capital
stock may be
increased.
Entry on
minutes.
Shares may be
transferred.
Form of deed
of sale.
Shares, per-
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 : g
5. No interest shall accrue to any shareholder in respect of
any share upon which any call is in arrear, or in respect to
any other share held by such shareholder while such call
remains unpaid. 42 W., c. 9, s. 21.
INCREASE OF STOCK.
21. The original capital stock of any company may be
increased, from time to time, to any amount, if such increase
is sanctioned by a vote, in person or by proxy, of the share-
holders who hold at least two-thirds in amount of the sub-
scribed stock of the company, at a meeting expressly called
by the directors for that purpose, by a notice in writing to
each shareholder, 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 the meeting, and the amount of the pro-
posed 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 be increased to the
amount sanctioned by such vote. 42 W., c. 9, s. 7, sub-s. 20.
SHARES.
22. Shares in the company may, by the holders thereof, be
sold and transferred by instrument in writing, made in
duplicate,<-one part of which shall be delivered to the direc-
tors, to be filed and kept for the use of the company, and
an entry thereof 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 :
2. Transfers shall be in the form following, varying the
names and descriptions of the contracting parties as the case
requires, that is to say:—
I, A. B., in consideration of the sum of , paid to
me by C. D., hereby sell and transfer to him share (or
shares) of the stock of the , to hold to him, the
said C. D., his heirs, executors, administrators and assigns.
(or successors and assigns, as the case may be), subject to the same
rules and Orders and on the same conditions that I held the sº
same immediately before the execution hereof. And I, the
said C. D., do hereby agree to accept of the said share
(or shares) subject to the same rules, orders and conditions.
Witness our hands this day of in the
year 18 c
3. The stock of the company shall be personal property; but
- t * g
gºal * no shares shall be transferable until all previous calls thereon
have been fully paid up, or until the said shares have been
1482
1886. The Railway Act. Chap. 109. 27.
declared forfeited for the non-payment of calls thereon ; and
no transfer of less than a whole share shall be valid :
4. If any share in the capital stock of the company is Transmission
transmitted by the death, bankruptcy or last will, donation º
or testament, or by the intestacy of any shareholder, or by transfer.
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: º
5. The company shall not be bound to see to the execution ..."
of any trust, whether express, implied or constructive, to to trusts.
which any of the shares 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, and
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: o -
6. The certificate of proprietorship of any share shall be º Of
admitted in all courts as primá facie evidence of the title º,
of any shareholder, his executors, administrators or assigns, evidence.
or successors and assigns, as the case may be, to the share
therein specified :
7. The want of such certificate shall not prevent the holder Sale without
of any share from disposing thereof: certificate.
8. Every person who neglects or refuses to pay a ratable ºr
share of the calls as aforesaid, for the space of two months . to 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:
9. No advantage shall be taken of the forfeiture unless ...,
the shares are declared to be forfeited at a general meeting be taken ai. y
of the company, assembled at any time after such forfeiture vantage of:
has been incurred :
10. Every such forfeiture shall be an indemnification to ...
and for every shareholder so forfeiting, against all actions, liability.
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 : -
- 1483
28 Chap. 109. The Railway Act. 49 WICT.
:y 11. The directors may sell, either by public auction or
be sold. private sale, and in such manner and on such terms as to
them seem meet, any shares so declared to be forfeited, and
also any shares remaining unsubscribed for in the capital
stock of the company, or may pledge such forfeited or unsub-
scribed shares for the payment 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 : -
3. º, , 12. A certificate of the treasurer of the company that the
...” forfeiture of the shares was declared, shall be sufficient evi-
º dence of the fact, and of their purchase by the purchaser;
3. * * and such certificate, with the receipt of the treasurer for
the price of such shares, shall constitute a good title to the
shares; and the certificate shall be, by the said treasurer,
registered in 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 affected by any irregularity in the proceedings in
reference to such sale; and any shareholder may purchase
any shares so sold :
Interest on 13. Any shareholder who is willing to advance the amount
...'" of his shares, or any part of the money due upon his shares
beyond the sums actually called for, may pay the same to
the company, and upon the principal moneys so paid in ad-
vance, or so much thereof as, from time to time, exceeds
the amount of the calls then made upon the shares in res-
pect to which such advance is made, the company may pay
such interest, at the lawful rate of interest for the time
being, as the shareholders who pay such sum in advance and
Proviso. the company agree upon; but such interest shall not be paid
Out of the capital subscribed. 42 W., c. 9, s. 20, part, and s. 22.
SHAREHOLDERS.
Liability of 23. 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 :
When and . 2. Municipal corporations in any Province in Canada duly
; : empowered so to do by the laws of the Province, and sub-
tions may ject 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
1484
1886. The Railway Act. Chap. 109. 29
be ea officio one of the directors of the company in addition
to the number of directors authorized by the special Act :
3. A true and perfect account of the names and places of Record of
abode of the several shareholders shall be entered in a book, º and f
which shall be kept for that purpose. 42 W., c. 9, s. 23. †s.
BY-LAWS, NOTICES, ETC.
24. All by-laws, rules and orders, regularly made, shall By-laws to *
be reduced to writing, and be signed by the chairman or .."; º
person presiding at the meeting at which they are adopted, chairman.
and shall be kept in the office of the company; and a printed Publication.
copy of so much of them as relates to or affects any person
other than the shareholders or servants of the company, shall
be openly affixed in every place where tolls are to be col-
lected, and a printed copy of so much of them as relates to
the safety and liability of passengers, shall be openly affixed
in each passenger car, and in like manner as often as any
change or alteration is made in the same; and a copy of the Copy to be
same, or of any of them, certified as correct by the president *
or secretary, shall be evidence thereof in any court : *
2. All such by-laws, rules and orders shall be submitted, §.;
from time to time, to the Governor in Council for approval: Öouncil.
3. Copies of the minutes of proceedings and resolutions of Copies of
the shareholders of the company, at any general 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 cer-
tified to be true copies extracted from such minute books,
shall be evidence of such proceedings and resolutions in any
court :
4. All notices given by the secretary of the company, by ...}
order of the directors, shall be deemed notices by the direc- valid. y
tors and the company :
5. All notices of meetings of the shareholders of the com; ...?" of
pany shall be published weekly in the Canada Gazette, and iº.
a copy of the said Gazette shall, on production thereof, be
conclusive evidence of the sufficiency of such notice. 42 W.,
c. 9, s. 20, sub-s. 2, part, and s. 24.
wORKING OF THE RAILWAY.
25. Every servant of the company employed in a pas- Servants to
senger 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 such badge, be entitled to demand or
receive from any passenger any fare or ticket, or to exercise
any of the powers of his office, or to interfere with any pas-
senger or his baggage or property : +
2. Checks shall be affixed by an agent or servant to every Checks to be
parcel of baggage having a handle, loop or fixture of any i.
kind thereupon, delivered to such agent or servant for trans-
1485
30
Chap. 109. The Railway Act. 49 WICT.
Penalty for
refusing to
affix check.
Evidence of
value of
baggage.
Baggage cars
not to be in
rear of pas-
Senger cars.
Eells and
Whistles.
To be rung or
Sounded at
Crossings.
Penalty for
non-compli-
3,Il Ce.
Intoxication a
misdemeanor.
Expulsion of
assenger re-
using to pay.
Injury to pas-
Senger stand-
ing on plat-
forms, &c.
As to danger-
ous goods.
port, and a duplicate of such check shall be given to the
passenger delivering the same :
3. If such check is refused on demand, the company shall
pay to 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 conductor in
charge of the train :
4. Any passenger who produces such check may himself
be a witness in any action or suit brought by him against
the company to prove the contents and value of his baggage
not delivered to him : -
5. No baggage, freight, merchandise or lumber cars shall
be placed in rear of the passenger cars, and if any such car is
so placed, the officer or agent who directs or knowingly per-
mits such arrangement, and the conductor of the train, shall
each be guilty of a misdemeanor, and be punishable accord-
ingly :
6. Every locomotive engine shall be furnished with a bell
of at least thirty pounds weight, and with a steam whistle :
7. The bell shall be rung or the whistle sounded at the
distance of at least eighty rods from every place at which the
railway crosses any highway, and be kept ringing or be
sounded at short intervals, until the engine has crossed such
highway; and the company shall, for each neglect to comply
with the provisions of this section, incur a penalty of eight
dollars, and shall also be liable for all damage sustained
by any person by reason of such neglect, and a moiety of
such penalty and damages shall be chargeable to and col-
lected by the company from the engineer who has charge
of such engine, and who neglects to sound the whistle or
ring the bell as aforesaid:
8. Every person who is intoxicated while he is in charge
of a locomotive engine, or acting as the conductor of a car or
train of Cârs, is guilty of a misdemeanor :
9. Every passenger who refuses to pay his fare, may, by
the conductor of the train and the train servants of the com-
pany, be put out of the train, with his baggage, at any usual
stopping place, or Ilear any dwelling house, as the conductor
elects, the conductor first stopping the train and using no
unnecessary force : *
10. No person injured while on the platform of a car, or
on any baggage, wood or freight car, in violation of the
printed regulations posted up at the time, in a conspicuous
place inside of the passenger cars then in the train, 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 :
11. No passenger shall carry, or require the company to
carry upon its railway, aquafortis, oil of vitriol, gunpowder,
nitro-glycerine, or any other goods which, in the judgment
of the company, are of a dangerous nature; and every person
1486 ; :
1886. The Railway Act. Chap. 109. - 31
who sends by the railway any such goods without, at the To be plainly
time of so sending the same, distinctly marking their nature marked.
on the outside of the package containing the same, and
otherwise giving notice in writing to the station master or
other servant of the company with whom the same are
left, shall forfeit to the company the sum of five hundred Penalty.
dollars for every such offence : *
12. The company may refuse to take any package or par-Dangerous
cel which it suspects to contain goods of a dangerous nature, ...”
or may require the same to be opened to ascertain the fact ;
and the company shall not carry any such goods of a danger- Carriage of
ous nature, except in cars specially designated for that pur- * *
pose, on each side of each of which shall be plainly painted,
in large letters, the words, “dangerous explosives ; ” and for
each neglect to comply with the provisions of this sub-
$ection, the company shall incur a penalty of five hundred Penalty.
dollars, which shall be recoverable by any person who sues
for the same. 42 W., c. 9, s. 25, part.
TRAINS OVERDUE.
26. Every company, upon whose road there is a tele- ºn
graph line in operation, shall have a blackboard put upon Šºši,
the outside of the station house, over the platform of the sta- overdue.
tion, in some conspicuous place at each station of such com-
pany at which there is a telegraph office; and when any pas-
senger train is overdue for half an hour at any such station,
according to the time table of such company, the station
master or person in charge at such station, shall write, or
cause to be written with white chalk on such blackboard, a
notice in English and French in the Province of Quebec, and
in English in the other Provinces, stating, to the best of his
knowledge and belief, the time when such overdue train
may be expected to reach such station ; and if, when that
time has come, the train has not reached the station, the
station master or person in charge of the station shall write,
or cause to be written on the blackboard in like manner, a
fresh notice stating, to the best of his knowledge and belief,
the time when such overdue train may then be expected
to reach such station:
2. Every such company, station master or person in charge Penalty for
at any such station, shall incur a penalty not exceeding five ...”
dollars for every wilful neglect, omission or refusal to obey
the provisions of this section, which shall be recoverable, in
the Province of Quebec, before any two justices of the peace
or in the circuit court of the district or of the county in
which district or county such station is situate, and, in the
other Provinces, before any two justices of the peace or the
stipendiary or police magistrate for the city, town, district
or county in which such station is situated, and shall belong
to Her Majesty for the public uses of Canada :
1487
32 Chap. 109. The Railway Act. 49 WICT,
Tº pro- 3. Every proceeding brought under this section shall be
ceedings tº 8 ºn tº e tº ge
limited. commenced within one month following the commission of
Proviso. the offence, and not afterwards; but nothing in this section
shall prejudice the right of any person to the recovery of
damages from any such company, by reason of the detention
of trains as aforesaid; and every such company shall have a
printed copy of this section posted up in a conspicuous place
at each of its stations at which there is a telegraph office.
42 W., c. 9, s. 26.
ACTIONS FOR INDEMNITY; FINES AND PENALTIES AND PRO-
CEDURE THEREFOR.
Limitation of 27. All actions or suits for indemnity for any damage or
:..." injury sustained by reason of the railway, shall be com-
menced within six months next after the time when such
supposed damage is sustained, or if there is continuation of
damage, within six months next after the doing or commit-
ting of such damage ceases, and not afterwards; and the
defendants may plead the general issue and give this Act and
the special Act and the special matter in evidence at any
trial to be had thereupon, and may prove that the same was
done in pursuance of and by the authority of this Act and
the special Act. 42 W., c. 9, s. 27, sub-s. 1.
Recovery of 28. All penalties, fines and forfeitures imposed under this
... part of this Act, or under the special Act, or under any by-
forfeitures, law, except those for the levying and recovering of which
special provision is hereinbefore made, shall be recoverable
or enforceable in a summary manner before one or more
justices of the peace, under the “Act respecting summary pro-
ceedings before Justices of the Peace,” or by civil action in any
court of competent jurisdiction : -
tººls 2. All the fines, penalties and forfeitures recovered or
enforced under the next preceding sub-section, the applica-
tion whereof is not hereinbefore particularly directed, shall
be paid and belong to the person who sues for the same.
42 W., c. 9, s. 27, sub-s. 2;-47 W., c. 11, s. 2.
º of 29. Every violation of this Act or of the special Act, by
is Act, &c. g * >
... iść” ” the company or by any other person, for which no punish-
ICl earl Or. ment or penalty is herein provided, is a misdemeanor, and
- shall be punishable accordingly; but such punishment shall
not exempt the company, if it is the offender, from the for-
feiture, under this Act and the special Act, of the privileges
conferred on it by the said Acts, if by the provisions thereof,
or by law, the same are forfeited by such violation. 42 W.,
c. 9, s. 27, sub-s. 4.
GENERAL PROVISIONS.
ɺ, 30. Her Majesty's mail, Her Majesty's naval or military
€ is ºn e s tº e tº tº 5 tº tº e
j.".” forces or militia, and all artillery, ammunition, provisions
1488
1886. The Railway Act. Chap. 109. 33
or other stores for their use, and all policemen, constables
or others travelling on Her Majesty's service, shall at all
times, when required by the Postmaster General of Canada,
the Commander of the Forces, or any person having the
superintendence and command of any police force respec-
tively, and with the whole resources of the company if
required, be carried on the railway, on such terms and con-
ditions and under such regulations as the Governor in
Council makes. 42 W., c. 9, s. 28, sub-s. 1.
31- The company shall, when required so to do by the Government
Governor in Council, or any person authorized by him, place §: ; of
any electric telegraph, and the apparatus and operators .#
it has, at the exclusive use of the Government of Canada,
receiving thereafter reasonable compensation for such ser-
vice. 42 W., c. 9, s. 28, sub-s. 2.
32. The Governor in Council may, at any time, cause a Telegraph line
line or lines of electric telegraph to be constructed along the º
line of the railway, for the use of the Government of Canada, Government.
and for that purpose may enter upon and occupy so much of
the lands of the company as is necessary for the purpose.
42 W., c. 9, s. 28, sub-s. 3. -
33. Any further enactments which the Parliament of Can-Further enact-
ada hereafter makes for the carriage of the mail or of Her i.
Majesty’s forces, and other persons and articles as aforesaid, Parliament.
or the tolls therefor, or in any way respecting the use of any
electric telegraph or other service to be rendered to the Gov-
ernment, shall not be deemed an infringement of the priv-
ileges intended to be conferred by this Act or the special
Act. 42 W., c. 9, s. 28, sub-s. 4.
84. No contracts for works of construction or maintenance Tenders for
of the railway, except works of ordinary repair, or of im- ...”
mediate necessity, shall be entered into until after tenders for.
for such works respectively have been invited by public
notice therefor, given for at least four weeks in a newspaper
published in the place nearest to that at which the work is
required to be done; but the company shall not be compelled
to accept any such tender. 42 W., c. 9, s. 28, sub-s. 5.
35. If the construction of the railway is not commenced, Time for com-
and ten per cent. On the amount of the capital is not ex- tººk
pended thereon, within three years after the passing of the limited.
special Act, or if the railway is not finished and put in
operation in ten years from the passing of such special Act,
the corporate existence and powers of the company shall
cease. 42 W., c. 9, s. 28, sub-s. 6.
36. After the opening of the railway, or any part thereof Annual
to the public, and within * first fifteen days after the #:
Chap. 109. The Railway Act. 49 VICT.
opening of each session of Parliament, an account shall be
Form may be
varied.
Corporation
may be dis-
.solved.
"Certain rights
saved.
Interpreta-
tion.
* Company.”
/
“Railway
“Company.”
“Engineer.”
Proceedings
for acquiring
additional
lands.
annually submitted to the three branches thereof, containing
a detailed and particular account, attested upon oath by the
president, or in his absence, by the vice-president, of the
moneys received and expended by the company, and a classi-
fied statement of the passengers and goods transported by the
company, with an attested copy of the last annual statement.
42 W., c. 9, s. 28, sub-s. 7. -
37. No further provisions which Parliament hereafter
makes, with regard to the form or details of such account, or
the mode of attesting or rendering the same, shall be deemed
an infringement of the privileges hereby granted to the com-
pany. 42 W., c. 9, s. 28, sub-s. 8.
38. Parliament may, at any time, annul or dissolve any
company; but such dissolution shall not take away or impair
any remedy given against such company, its shareholders,
officers or servants, for any liability previously incurred.
42 W., c. 9, s. 28, sub-s. 9. -
39. Nothing herein contained shall affect in any manner
the rights of Her Majesty, or of any person, except such as are
herein mentioned. 42 W., c. 9, s. 28, sub-s. 10.
º-ºº-ººm's
PART TWO.
INTERPRETATION.
40. In Part Two of this Act, unless the context otherwise
requires,-
(a.) The expression “company ” means any railway com-
pany within the legislative authority of the Parliament of
Canada;
(b.) The expression “railway company ” or “company”
includes any person who is the owner or lessee of, or a con-
tractor working any railway to which Part Two of this Act
applies.
(c.) The expression “engineer” includes engineers when
more than one are appointed. 42 W., c. 9, s. 98.
{ {
AUTHORITY TO ACQUIRE ADDITIONAL LANDS.
41. Whenever any company requires, at any station or
place on the line of such railway, more ample space for the
convenient accommodation of the public and of the traffic on
the railway than it then possesses or can take without the
consent of the proprietors thereof, the company may cause a
plan to be made of the additional land required at such
station or place for the purposes aforesaid, which is not in
actual use for similar purposes by any other railway com-
1490
1886. The Railway Act. Chap. 109.
35
pany, and for the purpose of making such plan shall have the
powers granted to railway companies under Part One of this
Act for making surveys: -
2. The company may transmit such plan to the Minister
with an application, on behalf of the company, supported by
affidavit, referring to such plan and stating that certain land
shown thereon is necessary for such purposes, 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 :
3. At least ten days' notice of such application shall be given
to the owner or possessor of such property; and the correct-
mess of the plan and the truth of the allegations in such
application shall be certified by the president or one of the
directors of the company, and by its engineer, and such plan
and statement shall be made and transmitted to the Minister
in duplicate. 42 W., c. 9, SS. 10 and 14, part.
42. The Minister shall inquire into the correctness of the
plan and the truth of the allegations of such application, and
if he is 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 plan, or any less quantity, should be
acquired by the company ; and such certificate shall be
annexed to One of the duplicates of the said plan and state-
ment, and the other duplicate shall remain at the depart-
ment. 42 W., c. 9, Ss. 11 and 14, part.
43. Upon the granting of such certificate, and by virtue
thereof, the company may take the land shown on the said
plan as required for such purposes, without the consent of the
proprietors; and the company and all persons who could not
otherwise convey the same to the company, shall have, with
respect to any such land, all the powers granted in section
eight of this Act to railway companies and persons who
could not otherwise convey the same, with respect to lands
which may be taken without the consent of the proprietors
thereof; and the provisions of the said section, except such
as refer to the map or plan and book of reference therein
mentioned, or as limit the extent of land to be taken, shall
apply and are hereby extended to the land mentioned in the
said certificate of the Minister, and to all the proceedings
connected with or consequent upon the acquiring or taking
of such land, or any part thereof, with or without the consent
of the proprietor; and if, at any time thereafter, the company
does not require the whole or any portion of the land acquired
under the two sections next preceding, then such land as is
not so required shall be sold by public auction, after thirty
days' notice thereof in any newspaper. 42 W., c. 9, SS. 12
and 14, part.
Transmission
of plan and
application.
Notice to
owner, &c.
Certificate of
Minister
required.
Effect of
certificate.
Powers of the
company in
such case.
Land not re-
quired may
be sold.
1.6% 1491
36
Chap. 109. The Railway Act. 49 WICT.
Certificate to
be evidence.
Power to con-
struct branch
lines for cer-
tain purposes.
Notice to be
given.
Maps and
plans.
Approval of
Governor in
Council.
Time for con-
struction to be
limited.
Powers as to
such branch
lines.
Snow fences
may be erected
on adjoining
lands.
44. Every such certificate purporting to be signed by the
Minister, shall be received as authentic in all courts, without
proof of such signature or other evidence, unless its authen-
ticity is called in question on behalf of Her Majesty. 42 W.,
c. 9, ss. 13 and 14, part.
45. 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 manufactory,
mine, quarry, well or spring, build, make and construct, and
work and use, sidings, switches or branch lines of railway, not
exceeding in any one case six miles in length ; but such com-
pany shall not proceed to locate or build any branch line of
more than one quarter of a mile in length, 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 inten-
tion of the company to apply to the Governor in Council to
samction the building of such branch line, and to appropriate
the necessary lands for that purpose, under the compulsory
powers wested in such company by this Act, or by any other
Act in its behalf; nor unless the company has, prior to the
first publication of such notice, deposited in the registry
office of any city, county or part of a county, in which the line
or any part thereof is to be constructed, the maps and plans
indicating the location of the line ; nor until the company
has submitted the same to, and such maps and plans have
been approved of by the Governor in Council, after the ex-
piration of the said notice; and the order of the Governor in
Council, approving the said maps and plans, shall limit the
time, which shall not exceed two years from the date of such
order, within which the company may construct such branch
line :
2. Every such company may, for any and every such pur-
pose, exercise all the powers given to it with respect to its
main line, under the special Act and this Act ; and each
and all provisions of the said Acts which are applicable to
such extension shall extend and apply to every such siding,
switch or branch line of railway. 42 W., c. 9, s. 7, sub-s. 18,
and s. 100, part. -
SNOW FENCES.
46. Every company may, on and after the first day of
November, in each year, enter into and upon any lands of Her
Majesty, or into and upon the lands of any person whomso-
ever, lying along the route or line of any railway, and erect
and maintain Snow fences thereon, subject to the payment of
1492
1886. The Railway Act. - Chap. 109. 37
such land damages, if any, as are thereafter established, in
the manner provided by law with respect to such railway,
to have been actually suffered; but every snow fence so
erected shall be removed on or before the first day of April
then next following. 42 W., c. 9, s. 16, sub-s. 6, part.
BRIDGES.
46.
47. Every bridge or other erection or structure, over or As to height
through or under which any railway passes, and every tunnel tºº
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 highest freight cars
used on the railway and the bottom of the lower beams,
members or portions of that part of such bridge, erection,
structure or tunnel which is over the railway :
2. The company, before using higher freight cars than No higher cars
those which admit of such open and clear headway of at º till
least seven feet, shall, after having first obtained the consent raised.
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; but the Governor in Council may exempt Exception.
any bridge, erection, structure or tunnel existing on the
twenty-first day of March, one thousand eight hundred and
eighty-one, from the operation of this section: r
3. Whenever any such bridge, erection, structure or tun-Bridge, &c., to
nel is constructed over or on the line of a railway, or when- ºn.
ever it becomes necessary to reconstruct any such bridge, structed.
erection, structure or tunnel already built over or on the
line of a railway, or to make large repairs to the same, the
lower beams, members or portions of the superstructure of
any such bridge, erection, structure or tunnel, and the ap-
proaches thereto, if necessary, shall be constructed or recon-
structed 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, at all times, be maintained at
a sufficient height from the surface of the rails of the railway
to admit of an open and clear headway of at least seven feet
between the top of the highest freight cars then used on the
railway and the lower beams, members or portions of such
bridge, erection, structure or tunnel :
4. Such company shall thereafter, before using higher And clear
freight cars than those used on its railway at the time of the .º.d
construction or reconstruction of, or large repairs to such thereafter.
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 erection, 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
164% 1493
38 Chap. 109. The Railway Act. 49 WICT.
top of the highest freight car then about to be used on the
railway :
Penalty º 5. Every company shall incur a penalty not exceeding fifty
.* dollars per day for every day of wilful neglect, omission or
refusal to obey the provisions of this section. 44 W., c. 24,
s 3;-46 W., c. 24, s. 5.
HIGHWAYS AND CROSSINGS.
Inclination of 48. The inclination of the ascent or descent, as the case
highway at º te tº e
§s" may be, of any approach by which any roadway is carried
upon, over or under any railway, shall not be greater than
one foot of rise or fall for every twenty feet of the horizontal
Fences. length of such approach ; and a good and sufficient fence
shall be made on each side of such approach, and of the bridge
or passage connected with it, -which fence shall be at least
four feet in height from the surface of the approach, bridge
Distribution, or passage ; and, in respect to railways which, on the nine-
of expense in g ſº g
...sº, teenth day of April, one thousand eight hundred and eighty-
four, were under construction or already constructed, the
railway committee shall determine the proportion in which
the cost of providing such fencing for such approach shall
be borne by the company and the municipality or person
interested. 47 W., c. 11, s. 10.
Officer to be 49. Every company shall station an officer at every point
.." on its line crossed on a level by any other railway, and no
train shall proceed over such crossing until signal has been
made to the conductor thereof that the way is clear. 42 W.,
c. 9, s. 74.
Train to stop 59. Every locomotive or railway engine, or train of cars
at level cross- * º &S y }
ing. on any railway, shall, before it crosses the track of any other
railway on a level, be stopped for the space of at least one
minute. 42 W., c. 9, s. 75.
Rate of speed 51. No locomotive or railway engine shall pass in or
* * * through any thickly peopled portion of any city, town or
village, at a speed greater than six miles an hour, unless the
track is properly fenced. 42 W., c. 9, s. 76. *
As to train 52. Whenever any train of cars is moving reversely in any
Ill OV lll ... as g -: *** * * Soo-, +lº
ºãy. city, town or village, the locomotive being in the rear, the
company shall station, on the last car in the train, a person
who shall warn persons standing on or crossing the track of
such railway, of the approach of such train ; and for every
violation of any of the provisions of this section or of any of
the three sections next preceding, the company shall incur
a penalty of one hundred dollars. 42 W., c. 9, s. 77.
º 53. Whenever any railway crosses any public highway on
St.8, D1 "I'l- * gº
way dº. the level, the company shall not, nor shall its officers, servants.
1494
1886. The Railway Act. Chap. 109. 39
or agents, wilfully permit any engine, tender or car, or any
portion thereof, to stand on any part of such highway for a
longer period than five minutes at one time; and if in any
city, town or village, a train is waiting for more than five
minutes, such waiting train shall be cut so as to clear the
highway : i
2. In every case of a violation of this section, every such Penalty for
officer, servant and agent who has under or subject to his violation.
control, management or direction, any engine, tender or car
which, or any portion of which, is wilfully allowed to stand
On Such highway longer than the time specified in this sec-
tion, shall, and such company shall also for each such viola-
tion, incur a penalty mot exceeding fifty dollars—which How recover-
penalty shall be recoverable, with costs, in any court of com- sº
petent jurisdiction, by the informer or any person who sues
for the same ; and a moiety of such penalty shall belong to
Her Majesty, and the other moiety shall belong to the per-
son who sues for the same : Provided always, that if such Proviso.
alleged violation is, in the opinion of the court, excusable,
the action for the penalty may be dismissed, but without
costs. 47 W., c. 11, s. 8.
54. Every company shall make the crossings, which it is Farm
bound to furnish to persons across whose lands the railway ºngs.
is carried, convenient and proper for the passing of farmer's
carts and other vehicles over the same ; and the persons for
whose use such crossings are furnished shall keep the gates
at each side of the railway closed when not in use; and any Penalty for
person on whose lands such gates are, shall incur a penalty ..."g 3"
of twenty dollars for each occasion on which such gate is "
left open without some person being at or near it to prevent
animals from passing through it on to the railway,+which
penalty shall be recoverable in any court of competent juris-
diction, by the informer or person who sues for the same, a
moiety whereof shall belong to such informer or person, and
the other moiety whereof shall belong to Her Majesty; and Liability of
the owner or occupier of the land on which any such gate is *:::::
unlawfully left open as aforesaid, shall be liable to the rail-
way company for any damage to the property of the com-
pany or for which the company is responsible, by reason of
such gate having been so left open ; and no person, any of company not
whose cattle are killed by any train owing to the non-obser- liable in such
vance of this section, shall have any right of action against “”
any company in respect to the same being so killed. 47 W.,
c. 11, s. 9.
55. At every road and farm crossing on the grade of the Crossings to
railway, the crossing shall be sufficiently fenced on both sides "“”
so as to allow the safe passage of the trains. 42 W., c. 9, S. 82.
TRAFFIC ARRANGEMENTS.
56. In this section, the expression “traffic "includes not interpreta-
only passengers and their baggage, goods, animals and things tion.
1495
40
Chap. 109. The Railway Act. 49 WICT.
“Traffic.”
Arrangements
for inter-
change of
traffic.
Proviso : for
approval.
Notice of ap-
plication for
approval.
Facilities to
be afforded
in respect of
traffic.
No undue
advantage.
;
conveyed by railway, but also cars, trucks and vehicles of any
description adapted for running over any railway ; and the
expression “railway ” includes all stations and depots of the
railway ; and a railway shall be deemed to come near another
when some part of the one is within one mile of some part of
the other :
2. The directors of any company may, at any time, make
and enter into any agreement or arrangement with any other
company, either in Canada or elsewhere, for the regulation
and interchange of traffic passing to and from the company's
railways, and for the working of the traffic over the said rail-
ways respectively, or for either of those objects separately,–
and for the division and apportionment 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 there with, 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 effect any such agreement or arrange-
ment, with such powers and functions as are considered
necessary or expedient, subject 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:
3. Before such approval is given, notice of the application
therefor shall be published in the Canada Gazette for at least
Wo months previously to the time therein named for 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:
4. Every company shall, according to its power, afford all
reasonable facilities for the receiving and forwarding and
delivery of traffic upon and from the several railways be-
longing to or worked by such companies respectively, and
for the return of carriages, trucks and other vehicles ; and no
such company shall make or give any undue or unreasonable
preference or advantage to or in favor of any particular
person or company, or any particular description of traffic in
any respect whatsoever, nor shall any such company subject
any particular person or company, or any particular descrip-
tion of traffic to any undue or unreasonable prejudice or dis-
advantage in any respect whatsoever; and every company
having or working railways which form part of a continuous
line of railway, or which intersect any other railway, or
which has the terminal station or wharf of the one near the
terminal station or wharf of the other, shall afford all due and
reasonable facilities for receiving and forwarding all the
traffic arriving by one of such railways by the other, 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
1496
1886. The Railway Act. Chap. 109. - 41
using such railways as a continuous line of communication,
and so that all reasonable accommodation, by means of the
railways of the several companies, is, at all times, afforded to
the public in that behalf; and any agreement made between .
any two or more companies contrary to this sub-section shall void.
'be unlawful, and null and void :
5. Every company which grants any facilities to any in- Equal facili-
corporated express company shall grant equal facilities on ...”
equal terms and conditions to any other incorporated express
company which demands the same : - -
6. If any officer, servant or agent of any company, who Pºlally for
has the Superintendence of the traffic at any station or depot ... {e.
thereof, refuses or neglects to receive, convey or deliver at any ceive and
station or depot of the company for which they are destined, “” ”
any passenger, goods or thing, brought, conveyed or de-
livered to him or such company, for conveyance over or along
its railway from that of any other company, intersecting or
Coming near to such first mentioned railway, or in any way
wilfully violates the provisions of the fourth sub-section of
this section—such first mentioned company, or such officer,
servant or agent, personally, shall, for each such neglect or
refusal, be liable, on summary conviction, to a penalty not
exceeding fifty dollars over and above the actual damages
sustained; which penalty shall be recoverable with costs, by Recovery and
the railway company or by any person aggrieved by such *PP”
neglect or refusal, and such penalty shall belong to the said
railway company, or other person so aggrieved. 42 W., c. 9,
s. 60 ;–46 W., c. 24, s. 11, part, and s. 13.
RAILWAY CONSTABLES.
57. Any two justices of the peace, or a stipendiary or Appointment
police magistrate, in the Provinces of Ontario, Nova Scotia, .
New Brunswick, British Columbia, Prince Edward Island,
or Manitoba or the District of Keewatin, and any judge of the
Court of Queen’s Bench or Superior Court, or clerk of the
peace, or clerk of the Crown, or judge of the sessions of the
peace, in the Province of Quebec, and any judge of the
Supreme Court, or two justices of the peace, or stipendiary
or police magistrate, in the North-West Territories, on the
application of the directors of any company whose railway
passes within the local jurisdiction of such justices of the
peace, magistrate, judge, clerk, or judge of the sessions of the
peace, as the case may be, or on the application of any clerk
or agent of such company thereto authorized by such direc-
tors, may, in their or his discretion, appoint any persons
recommended for that purpose by such directors, clerk or
agent, to act as constables on and along such railway; and Oath to be
every person so appointed shall take an oath or make a *
solemn declaration in the form or to the effect following, that
is to say :—
1497
42
Chap. 109. The Railway Act. 49 WICT.
Form of oath.
By whom to
be adminis-
tered.
“I, A. B., having been appointed a constable to act upon
“ and along (here name the railway), under the provisions of
“‘The Railway Act,” do swear that I will well and truly
“serve Our Sovereign Lady the Queen in the said office of
“constable, without favor or affection, malice or ill-will, and
“that I will, to the best of my power, cause the peace to be
“kept, and prevent all offences against the peace ; and that,
“while I continue to hold the said office, I will, to the best
“ of my skill and knowledge, discharge the duties thereof
“faithfully, according to law. So help me God:”
2. Such oath or declaration shall be administered in either
of the Provinces of Ontario, Nova Scotia, New Brunswick,
British Columbia, Prince Edward Island or Manitoba, or
Powers of
such con-
stable.
f
Arrest of
offenders.
Dismissal of
constable.
in the District of Keewatin, by any one justice of the peace,
and in the Province of Quebec by any such judge, clerk, or
judge of the sessions of the peace, and in the North-West
Territories by any such judge or magistrate or by any one
justice of the peace ; and every constable so appointed, who
has taken such oath or made such declaration, may act as
a constable for the preservation of the peace, and for the
security of persons and property against felonies and other
unlawful acts, on such railway, and on any of the works
belonging thereto, -and on and about any trains, roads,
wharves, quays, landing places, warehouses, lands and pre-
mises, belonging to such company, whether the same are in
the county, city, town, parish, district or other local juris-
diction within which he was appointed, or in any other
place through which such railway passes, or in which the
same terminates, or through or to which any railway passes,
which is worked or leased by such company, and in all
places not more than one quarter of a mile distant from such
railway,+and shall have all such powers, protections and
privileges for the apprehending of offenders, as well by
might as by day, and for doing all things for the prevention,
discovery and prosecution of felonies and other offences, and
for keeping the peace, which any constable duly appointed
has within his constable-wick:
3. Any such constable may take such persons as are pun-
ishable by summary conviction for any offence against the
provisions of this Act, or of any of the Acts or by-laws affect-
ing the railway, before any justice or justices appointed
for any county, city, town, parish, district or other local
jurisdiction within which such railway passes; and every
Such justice may deal with all such cases, as though the
offence had been committed and the person taken within
the limits of his own local jurisdiction :
4. Any two justices of the peace, or a stipendiary or police
magistrate, in either of the Provinces of Ontario, Nova Scotia,
New Brunswick, British Columbia, Prince Edward Island,
or Manitoba, or in the District of Keewatin, and any judge
of the Court of Queen's Bench or Superior Court, or clerk of
the peace, or clerk of the Crown, or judge of the sessions of
1498
1886. The Railway Act. Chap. 109.
43.
the peace, in the Province of Quebec, and any judge of the
Supreme Court, or stipendiary or police magistrate, or two
justices of the peace, in the North-West Territories, may
dismiss any such constable, who is acting within their
several jurisdictions; and the directors of such company, or
any clerk or agent of such company thereto authorized by
such directors, may dismiss any such constable who is acting
on such railway ; and upon every such dismissal, all powers, Effect of dis-
protections and privileges which belonged to any such per- *
son by reason of such appointment, shall wholly cease ; and
no person so dismissed shall be again appointed or act as
constable for such railway, without the consent of the author-
ity by whom he was dismissed :
5. Every such company shall cause to be recorded in the Rººd ºf ºp-
O º jointment
office of the clerk of the peace, for every county, city, town, §. kept.
parish, district or other local jurisdiction wherein such rail-
way passes, the name and designation of every constable so
appointed at its instance, the date of his appointment, and
the authority making it, and also the fact of every dismissal
of any such constable, the date thereof, and the authority
making the same, within one week after the date of such
appointment or dismissal, as the case may be ; and such clerk
of the peace shall keep such record in such form as the rail-
way committee, from time to time, directs, in a book which
shall be open to public inspection, charging such fee as the
railway committee, from time to time, authorizes:
to
6. Every such constable who is guilty of any neglect or Punishment
85 S-> of constable
breach of duty in his office of constable, shall be liable, on ...;
summary conviction thereof, within any county, city, dis- neglect of
trict or other local jurisdiction wherein such railway passes, "%
to a penalty not exceeding eighty dollars, which penalty
may be deducted from any salary due to such offender, if
such constable is in receipt of a salary from the company, or
shall be liable to imprisonment, with or without hard labor,
for a term not exceeding two months:
7. Everyone who assaults or resists any constable, ap- And of pº
sons resisting
pointed as aforesaid, in the execution of his duty, or who hi.
incites any person so to do, shall, for every such offence, be
liable, on summary conviction, to a penalty not exceeding
eighty dollars, or to imprisonment, with or without hard
labor, for a term not exceeding two months. 42 W., c. 9,
S. 61 –49 W., c. 25, s. 30.
THE RAILWAY COMMITTEE.
58. The Governor in Council may, from time to time, Rºy
appoint such members of the Queen's Privy Council for
Canada as he sees fit, to the number of at least four, to con-
stitute the Railway Committee of the Privy Council, and
such committee shall have the powers and perform the duties
assigned to it by this Act. 42 W., c. 9, s. 35.
committee.
1499
44
Chap. 109. The Railway Act. . 49 WICT.
Chairman and
, secretary.
Notice to rail-
way com-
mittee before
railway is
opened.
#
Penalty for
non-compli-
8,11C0.
Railway to be
inspected.
Postponement
of opening if
report is un-
favorable.
Penalty for
Opening con-
trary to order.
59. The railway committee shall appoint one of its mem-
bers to be chairman, and the deputy of the Minister of Rail-
ways and Canals, or some other fit person appointed by the
committee, shall be the secretary of the committee. 42 W.,
c. 9, s. 36.
60. No railway, or portion of any railway, shall be opened
for the public conveyance of passengers, until one month
after notice in writing of the intention to open the same is
given to the railway committee by the company to which
the railway belongs, and until ten days after notice in Writ-
ing is given to the railway committee 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.
42 W., c. 9, s. 37. * .
6i. If any railway or portion of a railway is opened with-
out 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 continues open, until
the said notices have been duly given and have expired.
42 W., c. 9, s. 38.
62. The railway committee, upon receiving such notifi-
cation, shall direct one or more of the engineers attached
to the department to examine the railway proposed to be
opened, and all bridges, culverts, tunnels, road crossings
and other works and appliances connected there with, and
also all engines and other rolling stock intended to be used
thereon ; and if the inspecting engineer reports in writing to
the railway committee that, in his opinion, the opening 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 establishment
for working such railway, together with the ground of such
Opinion, the railway committee, 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 effect, 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 committee that such opening may take place without
dallger to the public. 42 W., c. 9, s. 39.
63. If any railway or any portion thereof is opened con-
trary to such order or direction of the railway committee,
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 open contrary to such order
or direction. 42 W., c. 9, s. 40.
1500
1886. The Railway Act. Chap. 109.
45
64. No such order shall be binding upon the company
unless a copy of the report of the inspecting engineer on
which the order is founded is delivered to the company with
such order. 41 W., c. 9, S. 41.
65. Whenever the railway committee receives informa-
tion to the effect that any bridge, culvert, viaduct, tunnel or
any other portion of any railway, or any engine, car or car-
riage 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 its opinion, render it ex-
pedient, it may direct any engineer as aforesaid to examine
and inspect the railway or any portion thereof, or of the
works connected there with, or the engines and other roll-
ing stock in use thereon, or any portion thereof, and, upon
the report of the engineer or engineers, may condemn the
railway, or any portion thereof, or any of the rolling stock or
other appliances 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
railway belongs, or the company using, running or control-
ling the same, shall, after notice thereof in writing, signed by
the chairman of the committee and countersigned by the
secretary thereof, proceed to make good or remedy the defects
in the said portions of the railway, or in the locomotive, car
Order not
binding with-
out notice.
Proceedings
if part of rail-
way is out of
repair.
Defects to be
made good.
or carriage which has been so condemned, or shall make
such change, alteration or substitution hereinbefore referred
to, as has been required in manner aforesaid by the Com-
mittee. 42 W., c. 9, s. 42.
66. If, in the opinion of any such engineer, it is dangerous
for trains or vehicles to pass over any railway, or any portions
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 for-
bid 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 deliv-
ered to the president, managing director or secretary or
superintendent of the company owning, running or using
such railway, or to any officer having the management or
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. 42 W., c. 9, S. 43.
67. The inspecting enginger shall forthwith report the
same to the railway committee, which, with the sanction of
the Governor in Council, may either confirm, modify or dis-
Running of
trains may
be forbidden
in case of
danger.
Report and
action
thereon.
1501
46
Chap. 109. The Railway Act. 49 WICT.
Engineer may
examine
works, &c.
Information to
be afforded
him.
Engineer to be
conveyed by
the company.
Telegraph
operators to
obey his
orders.
Proof of his
authority.
Substitution
of fixed for
movable
bridges.
Penalty for
non-Uompli-
8,11Ce.
No swing
bridge to be
Substituted
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. 42 W., c. 9,
S. 44.
$S. Every engineer, so appointed to inspect any railway
or works, may, at all reasonable times, upon producing his
authority if required, enter upon and examine the said rail-
way and the stations, fences or gates, road crossings, cattle
guards, works and buildings, and the engines, cars and car-
riages belonging thereto. 42 W., c. 9, S. 45.
69. Every company, and the officers and directors thereof,
shall afford to the inspecting engineer such information 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 such railway or
any portion thereof.-whether a bridge, culvert or other part.
42 W., c. 9, s. 46, sub-s. 1.
70. Every such inspecting engineer shall have the right,
whilst 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.
42 W., c. 9, s. 46, sub-s. 2. -
71. 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, incur a penalty of forty dollars. 42 W., c. 9,
s. 46, sub-s. 3.
72. The production of instructions in writing, signed by
the chairman of the railway committee and countersigned
by the secretary thereof, shall be sufficient evidence of the
authority of such inspecting engineer. 42 W., c. 9, S. 46,
Sub-S. 4.
73. The Governor in Council may, upon the report of the
railway committee, authorize or require any company to
construct fixed and permanent bridges, or to substitute such
bridges in the place of swing, draw or movable bridges on the
line of such railway, within such time as the Governor in
Council directs; and for every day after the period so fixed
during which the company uses such swing, draw or movable
bridges, the company shall forfeit and pay to Her Majesty
the sum of two hundred dollars; and no company shall
substitute any swing, draw or movable bridge in the place
- 1502
1886. The Railway Act. Chap. 109. 47
or stead of any fixed or permanent bridge already built and . Pº
constructed, without the previous consent of the railway
committee. 42 W., c. 9, s. 47.
74. Whenever any portion of a railway is constructed, or Plan of cross-
authorized or proposed to be constructed upon or along or tºº
across any street or other public highway on the level or other- level to be
wise, the company, before constructing or using the same, or, ".
in the case of railways already constructed, within such time
as the railway committee directs, shall submit a plan and
profile of such portion of railway for the approval of the rail-
way committee; and the railway committee, if it appears Powers of
to it expedient or necessary for the public safety, may, from *
time to time, with the sanction of the Governor in Council, in such case.
authorize or require the company to which such railway
belongs, within such time as the said committee directs, to
protect such street or highway by a watchman or by a watch-
man 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 on the level,-or
to divert such street or highway either temporarily or per-
manently,–or to execute such other works and take such
other measures as under the circumstances of the case appear
to the railway committee best adapted for removing or
diminishing the danger arising from the then position of the
railway ; and all the provisions of law at any such time As to land
applicable to the taking of land by such company, and to its *
valuation and conveyance to the company, and to the com-
pensation therefor, shall apply to the case of any land required
for the proper carrying out of the requirements of the rail-
way committee under this section : -
2. The railway committee may give such directions and Railway com-
make such stipulations, conditions or orders respecting such .
works and the execution thereof, and the apportionment of lations.
the costs thereof and of any such measures of protection,
between the said company and any person interested therein,
as appear to the railway committee just and reasonable :
3. Every company shall incur a penalty of fifty dollars for Penalty for
each and every day after the expiration of the date fixed 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 diminishing such
danger as aforesaid, on which the company fails to take such
II].628,SULTC :
4. Such penalty shall be recoverable, with costs of suit, º "-
either by information in the Exchequer Court of Canada, at "``
the suit of the Attorney General of Canada on behalf of Her
Majesty,+in which case the whole of such penalty shall be-
long to Her Majesty; or it shall be recoverable in any court.
of competent jurisdiction by the municipal corporation of
1503
48 Chap. 109. The Railway Act. 49 WICT.
any municipality in which such company has made default,
—in which case a moiety of the penalty shall belong to such
municipal corporation, and the other moiety shall belong to
Her Majesty. 47 W., c. 11, s. 3, part.
Powers as to 75. The company, either for the purpose of constructing
...', or repairing its railway, or for the purpose of carrying out
carrying out the requirements of the railway committee, or in the exer-
§.” cise of the powers conferred upon it by the railway commit-
tee, may enter upon any land which is not more than two
hundred yards distant from the centre of the located line of
the railway, and which is not a garden or orchard attached
to a house, or a park, planted walk, avenue or ground orna-
mentally planted, and may occupy the said lands as long as
is necessary for the purposes aforesaid; and all the pro-
visions of law at any time applicable to the taking of lands
by such railway company, and its valuation and the com-
pensation therefor, shall apply to the case of any land so
Payment into required; but before entering upon any land for the pur-
i. º: poses aforesaid, the company shall, in case the consent of the
Oll. owner is not obtained, pay into the office of one of the
superior courts for the Province in which the lands are
situated such sum, 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, fixed by a judge of any one of such superior courts.
47 W., c. 11; s. 3, part. -
.# 76. Whenever that portion of any railway which crosses
ut of repair e e
at a crossing. Or is constructed upon or along any turnpike road, street or
other public highway on the level is out of repair, the chief
officer of the municipality, or other local division, 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 secretary of the railway committee ; and
thereupon the committee 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 com-
pany, of the day so fixed :
Inspection 2. Upon the day so named the said portion of the railway
and proceed- & e * ſº e *
i., §.” shall be examined by an engineer appointed by the railway
upon. committee, and any certificate under his hand shall be final
on the subject so in dispute between the parties; and, if
the said engineer determines that any repairs are required,
he shall specify the nature thereof in his certificate, and
direct the company to make the same ; and the company
shall thereupon, with all possible despatch, comply with the
requirements of such certificate :
Provision if- 3. In case of default, the proper authority in the munici-
...; pality or other local division within whose jurisdiction the
1504
1886. The Railway Act. Chap. 109. 49
said portion of the railway is situate, may make such repairs,
and may recover all costs, expenses and outlays in the pre-
mises, by action against the company in any court of com-
petent jurisdiction, as money paid to the company'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 46 W., c. 24, S. 4.
77. The railway committee, or the inspecting engineer, Regulation
may limit the number of times or rate of speed of running º:
of trains or vehicles, upon any railway or portion of railway, }
until such alterations or repairs as he thinks sufficient have
been made, or until such times as he thinks prudent; and
the company owning, running or using such railway shall
forthwith comply with any such order of the railway com-
mittee or inspecting engineer, upon notice thereof as afore-
said; and for every act of non-compliance there with, every
such company shall forfeit to Her Majesty the sum of two
thousand dollars. 42 W., c. 9, s. 50.
78. The railway committee may,+ §.
(a.) Regulate and limit the rate of speed at which railway * fººd
trains and locomotives may be run in any city, town or i.
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 sº
whistle within any city, town or village, or any portion “
thereof; -
(c.) Impose penalties, not exceeding twenty dollars, for each Penalties for
offence on every person who offends against any regulation *
made under this section,--which penalties shall be recover-
able upon summary conviction, with costs, and shall belong
to Her Majesty;
(d.) Repeal, alter or re-enact, from time to time, any regula- Repeal and
tion made under this section. 42 V., c. 9, s. 76, part –47 W., *
c. 11, s. 7, part.
79. Every company shall, as soon as possible and within Nº. to
forty-eight hours at the furthest after the occurrence upon the tº: º *
railway belonging to such company, of any accident attended
with serious personal injury to any person using the same, or
whereby any bridge, culvert, viaduct or tunnel on or of the
railway has been broken or so damaged as to be impassable
or unfit for immediate use, give notice thereof to the railway
committee; and every company which wilfully omits to give Penalty for
such notice shall forfeit to Her Majesty the sum of two hun- default.
dred dollars for every day during which the omission to give
the same continues. 42 W., c. 9, s. 51.
J
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90 QI
1886. The Railway Act. Chap. 109. 51
2. Such commissioner or commissioners shall have the Enforcing at-
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 in such summons to bring
with them, as is vested in any court in civil cases; but no
person so summoned shall be compellable to answer any ques-
tion, by truly answering which he might render himself
liable to a criminal prosecution:
3. The said commissioner or commissioners shall receive Remuneration
such remuneration for their services as the Governor in ...”
Council determines, and the persons summoned to atten
before him or them shall receive the same fees and allow-
ances for so doing as if summoned to attend before a court
of civil jurisdiction in the Province in which they were re-
quired to appear, -which remuneration and allowance shall
be payable out of any moneys provided by Parliament for
unforeseen expenses: - * . .
4. The commissioner or commissioners shall report fully, Report to be
in writing, to the Governor in Council, his or their doings “
and opinions on the matters respecting which he or they
are appointed to inquire. 47 W., c. 11, s. 6.
RAILWAY FUND.
s4. Every company shall, so soon as any portion of its rail-ºn
way is in use, pay to the Minister of Finance and Receiver ...”
General, an annual rate, which shall be fixed by the railway
committee, not exceeding ten dollars for each mile of railway
constructed and in use; and such rate shall be payable half- Yºn pay-
yearly on the first days of January and July in each year, and “”
shall form a special fund for the purposes of this Act, which
shall be called “The Railway Inspection Fund.” 42 W.,
c. 9, s. 97.
DY-LAWS AND REGULATIONS.
85. Every company shall make such by-laws, rules and ºpº
regulations, to be observed by the conductors, engine drivers ; º
and other officers and servants of the company, and by all ºf its officers,
other companies and persons using the railway of such com- &c.
pany, and such regulations with regard to the construction of
the carriages and other vehicles to be used in the trains on the
railway of the company, as are requisite for insuring the
perfect carrying into effect of the provisions of this part
of this Act, and the orders and regulations of the railway
committee: -
2. The company may, from time to time, repeal or alter Repeal and
such by-laws, and, make others, if such by-laws are not *
repugnant to the provisions of this part of this Act, or of
the special Act :
3. Such by-laws shall be reduced to writing and shall Form-
have affixed thereto the common seal of the company :
17% 1507
52 Chap. 109. The Railway Act. 49 WICT.
Penalty for 4. Every conductor, engine driver and other officer and
violation. & tº
Servant of the company or other railway company using:
the railway, who offends against any such by-law, shall,
for every such offence, incur a penalty not exceeding forty .
dollars, which penalty shall be that imposed by the com-
pany in such by-law for such offence:
i. # 5. If the violation or non-observance of any such by-law, by
certain cases. any of the persons or officers in the next preceding sub-section.
mentioned, is attended with danger or annoyance to the
public, or hindrance to the company in the lawful use of
the railway, the company may summarily interfere, using
no violence or unnecessary force, to obviate or remove such
danger, annoyance or hindrance, and without prejudice to
any penalty incurred by the violation of such by-law :
Sanction. 6. No such by-law shall have force or effect until it has
been approved of by the Governor in Council:
Notification of 7. The substance of any such by-law, when approved as
i. aforesaid, if it affects any officer or servant of the company,
may be proved by proving the delivery of a copy to or its
receipt by such officer or servant; and if it affects any other
railway company using the railway, it shall be painted on
boards, or printed on paper and pasted on boards, and
hung up and affixed, and continued on the front or other
conspicuous part of every wharf or station belonging to
the company, according to the nature or subject matter
of such by-laws respectively, and so as to give public
notice thereof to the persons and companies interested
therein, or affected thereby; and such boards shall, from
time to time, be renewed as often as the by-laws thereon
or any part thereof are obliterated or destroyed ; and no
penalty imposed by any such by-law shall be recoverable
unless the same has been published and kept published in
manner aforesaid: e
... 8. Such by-laws, when so confirmed, shall be binding upon
ound by such -
by-laws. and be observed by every officer, person and company men-
tioned in the fourth sub-section of this section, and shall
be sufficient to justify all persons acting under the same;
and for proof of the publication of any such by-laws affect-
ing only any other railway company using the railway, it
shall be sufficient to prove that a printed paper or painted
board, containing a copy of such by-laws, was affixed and
continued in manner by this section directed, and in case of
its being afterwards displaced or damaged, then that such
paper or board was replaced as soon as conveniently might
be. 42 W., c. 9, s. 62, and s. 100, part.
£º ſo. 86. Every company may, by a by-law, impose upon any
•ºw officer, servant or person who, before the violation of such by-
law, has had notice thereof and is employed by the company,
a forfeiture to the company of at least thirty days’ pay of such
officer, servant or person, for any violation of such by-law, and
- 1508
1886. The Railway Act. Chap. 109. 53
may retain any such forfeiture out of the salary or wages of
the offender. 42 W., c. 9, s. 63.
87. The notice of the by-law or of any order or notice of Proof of by-
the railway committee, or of the inspecting engineer, may ...”
be proved by proving the delivery of a copy thereof to the
officer, servant or person, or that he signed a copy thereof,
or that a copy thereof was posted up in some place where
his work or his duties, or some of them, were to be per-
formed. 42 W., c. 9, s. 64.
88. Such proof, with a proof of such violation, shall be a Proof to be
full answer and defence for the company in any action or suit *
for the recovery of the amount so retained, and such forfeiture
shall be over and above any penalty under this Act. 42W.,
c. 9, s. 65. - * * &
GENERAL PROVISIONS.
89. No company shall, either directly or indirectly, employ Shares and
any of its funds in the purchase of its own stock, or in the iº,
acquisition of any shares, bonds or other securities issued by companies not
any other railway company in Canada; but nothing in this ****
Act contained shall affect the powers or rights which any
company in Canada now has or possesses, to acquire, have or
hold the shares, bonds, or other securities of any railway
company in the United States of America; nor shall it inter-
fere with the right conferred on the Northern Railway Com-
pany of Canada, or the Hamilton and North Western Rail-
way Company, to acquire stock in the Northern and Pacific
Junction Railway Company, under the Acts relating to the
said first named companies, respectively, passed by the Par-
liament of Canada in the forty-seventh year of Her Majesty's
reign : * # . e . . . . . .
2. Every director of a railway company, who knowingly Penalty for
permits the funds of any such company to be applied in vio- ".
lation of the next preceding sub-section, shall incur a penalty
of one thousand dollars for each such violation,--which pen-
alty shall be recoverable on information filed in the name of
the Attorney General of Canada; and a moiety thereof shall
belong to Her Majesty and the other moiety thereof shall be-
long to the informer; and the acquisition of each share,
bond or other security, or interest, as aforesaid, shall be
deemed a separate violation of the provisions aforesaid.
46 W., c. 24, s. 11, part ;-47 W., c. 11, S. 4 ;-47 W., c. 63,
s. 7;-47 W., c. 65, s. 2. *
90. Every railway company, which runs trains upon the Best appli-
railway for the conveyance of passengers, shall provide and ...”
cause to be used in and upon such trains such known appa- and for stop-
ratus and arrangements as best afford good and sufficient ..."”
means of immediate communication between the conductors
and the engine drivers of such trains while the trains are in
174% 1509
54
Chap. 109. The Railway Act. 49 WICT.
Penalty for
non-compli-
3,11Ce.
Navigation
not to be im-
peded.
Bridges over
navigable
Il VerS.
Bridges to be
floored.
Plans of
bridges, &c.;
to be ap-
proved.
Special
powers not
affected.
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 carriages, and shall
alter such apparatus and arrangements or supply new appa-
ratus and arrangements, from time to time, as the railway
committee orders; and every railway company which fails
to comply with any of the provisions of this section, shall
forfeit to Her Majesty a sum not exceeding two hundred
dollars for every day during which such default continues.
42 W., c. 9, ss. 72 and 73. - . .
91. No company shall cause any obstruction in or impede
the free navigation of any river, stream or canal, to or across or
along which its railway is carried. 42 W., c. 9, s. 66.
92. Whenever the railway is carried across any navigable
river or canal, the company shall leave openings between the
abutments or piers of its bridge or viaduct over the same, and
shall make the same of such clear height above the surface of
the water, or shall construct such drawbridge or swingbridge
over the channel of the river, or over the whole width of the
canal, and shall be subject to such regulations as to the open-
ing of such swingbridge or drawbridge as the Governor in
Council, from time to time, makes. 42 W., c. 9, s. 67, part.
93. No company shall be allowed to run its trains over any
canal, or 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.
42 W., c. 9, s. 67, part. -
94. No company shall construct any wharf, bridge, pier or
other work upon or over any navigable river, lake or canal, or
upon the beach or bed or lands covered with the waters there-
of, 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. 42 W.,
c. 9, s. 68.
95. Nothing contained in the four sections next preced-
ing shall be construed to limit or affect any power expressly
given to any company by its Act of incorporation or any Act
amending the same. 42 W., c. 9, s.69.
1510
1886. The Railway Act. Chap. 109. 55
96. When a railway passes any draw or swing bridge over Train to stop
ſº e e g tº before passing
a navigable river, canal or stream, which is subject to be ...;
opened for the purposes of navigation, the trains shall, in bridge.
every case, be stopped at least three minutes, to ascertain
from the bridge tender that the said bridge is closed and in
perfect order for passing, and in default of so stopping for
the full period of three minutes, the company shall incur a
penalty of four hundred dollars. 42 W., c. 9, s. 70.
97. If the railway committee orders any company to erect Footpassen-
at or near or in lieu of any level crossing of a turnpike road, or ; #: if
other public highway, a foot bridge or foot bridges over its provided.
railway for the purpose of enabling persons passing on foot
along such turnpike road or public highway to cross the rail-
way by means of such bridge or bridges, from and after the
completion of such foot bridge or foot bridges so required to
be erected, and while the company keeps the same in good
and sufficient repair, such level crossing shall not be used by
foot passengers on the said turnpike road or public highway,
except during the time when the same is used for the passage
of carriages, carts, horses or cattle along the said road. 42 W.,
c. 9, s. 78.
98. No horses, sheep, swine or other cattle shall be per-Cattle not to
mitted to be at large upon any highway within half a mile of: ºy.
the intersection of such highway with any railway on grade,
unless such cattle are in charge of some person or persons, to
prevent their loitering or stopping on such highway at such
int c tion :
2. All cattle found at large in violation of this section may, Such cattle
by any person who finds the same at large, be impounded in º
the pound nearest to the place where the same are so found,
and the pound keeper with whom the same are so im-
pounded shall detain the same in the like manner, and sub-
ject to the like regulations as to the care and disposal thereof,
as in the case of cattle impounded for trespass on private
property :
3. If the cattle of any person which are at large, contrary Noright of
to the provisions of this section, are killed or injured by any ..."""
train at such point of intersection, he shall not have any right
of action against any company in respect of the same being so
killed or injured. 42 W., c. 9, ss. 79, 80 and 81. -
99. Every company shall cause all thistles and other ºbe
noxious weeds growing on the cleared land or ground adjoin- “”
ing the railway and belonging to such company to be cut
down and kept constantly cut down, or to be rooted out :
2. Every company which fails to comply with this section ...;
within twenty days after it has been required to comply with ºomy-
the same, by notice from the mayor, reeve or chief officer of
the municipality of the township, county or district in which
the land or ground lies, or from any justice of the peace
therein, shall incur a penalty of two dollars for every day
1511
56
Chap. 109. The Railway Act. 49 WICT.
Mayor, &c.,
may cause
work to be
done.
Application
of penalties.
Mines not to
be injured.
What pro-
perty to be
bought in
certain cases.
Sale of rail-
way to a pur-
chaser not
having neces-
sary corporate
powers.
Notice to the
Minister.
And copy of
deed of con-
veyance.
Until such
transmission
trains not to
be run.
the poor, for the uses of the poor of the district.
during which such company neglects to do anything which it
is lawfully required to do by such notice; and the said mayor,
reeve or officer or justice of the peace, may cause all things to
be done which the said company was lawfully required to do
by such notice, and for that purpose may enter, by himself
and his assistants or workmen, upon such lands or grounds,
and may recover the expenses and charges incurred in so
doing, and the said penalty, with costs, in any court of com-
petentjurisdiction:
3. Such penalty shall be paid to the proper officer of the
municipality, except in the Provinces of Nova Scotia and
New Brunswick, in which it shall be paid to the overseers of
42 W., c. 9,
ss. 83 and 84. &
100. No company shall locate the line of its proposed rail-
way, or of any branch thereof, so as to obstruct or interfere
with or injuriously affect the working of, or the access or adit
to any mine then open or for opening which preparations are,
at the time of such location, being lawfully and openly
made : -
2. No person shall, at any time, be compelled to sell or
convey or give possession of, to any company, a part only
of any house or other building or manufactory, if such per-
son is willing and able to sell and convey and give pos-
session of the whole thereof. 47 W., c. 11, s. 15.
101. If, at any time, any railway or any section of any
railway is sold under the provisions of any deed of mort-
gage thereof, or at the instance of the holders of any mortgage
bonds or debentures, for the payment of which any charge
has been created thereon, or under any other lawful pro-
ceeding, and is purchased by any person or corporation which
has not any corporate powers authorizing the holding and
operating thereof by such purchaser, the purchaser there-
of shall transmit to the Minister, within ten days from the
date of such purchase, a notice in writing stating the fact that
such purchase has been made, describing the termini and line
of route of the railway purchased, and specifying the charter
or Act of incorporation under which the same had been con-
structed and operated, including a copy of any writing, pre-
liminary to a conveyance of such railway, which has been
made as evidence of such sale ; and immediately upon the
execution of any deed of conveyance of such railway, the pur-
chaser shall also transmit to the Minister a duplicate or an
authenticated copy of such deed, and shall furnish to the
Minister, on request, any further details or information which
he requires. 46 W., c. 24, s. 14.
102. Until the purchaser has given notice to the Minister
in manner and form as provided by the next preceding section,
the purchaser shall not run or operate the railway so pur-
1512
1886. The Railway Act. Chap. 109.
57
chased, or take, exact or receive any tolls whatsoever in res-
pect of any traffic carried thereon ; but after the said con-
ditions have been complied with, the purchaser may continue,
until the end of the then next session of the Parliament of
Canada, to operate such railway and to take and receive such
tolls thereon as the company previously owning and operating
the same was authorized to take, and shall be subject, in so
far as they can be made applicable, to the terms and conditions
of the charter or Act of incorporation of the said company,
until he has received a letter of license from the Minister
—which letter the Minister is hereby authorized to grant—
defining the terms and conditions on which such railway
shall be run by such purchaser during the said period.
46 W., c. 24, s. 15.
103. Such purchaser shall apply to the Parliament of
Canada at the next following session thereof after the pur-
chase of such railway, for an Act of incorporation or other
legislative authority, to hold, operate and run such railway,
and if such application is made to Parliament and is unsuc-
cessful, the Minister may extend the license to such railway
until the end of the then next following session of Parlia-
ment, and no longer; and if during such extended period
the purchaser does not obtain such Act of incorporation or
other legislative authority, such railway shall be closed or
otherwise dealt with by the Minister as is determined by the
railway committee. 46 W., c. 24, s. 16. -
104. All trains shall be started and run at regular hours,
fixed by public notice, and shall furnish sufficient accommo-
dation for the transportation of all such passengers and goods
as are within a reasonable time previously thereto offered
for transportation at the place of starting, and at the junc-
tions of other railways and at usual stopping places estab-
lished for receiving and discharging way passengers and
goods from the trains : -
2. Such passengers and goods shall be taken, transported
to and from, and discharged at such places, on the due pay-
ment of the toll, freight or fare lawfully payable therefor :
3. Every person aggrieved by any neglect or refusal in
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
servants. 42 W., c. 9, s. 25, part, and s. 100, part.
OFFENCES AND PEN AI.TIES.
105. Every person who bores, pierces, cuts, opens or other-
wise injures any cask, box or package, which contains wine,
spirits or other liquors, or any case, box, sack, wrapper, package
or roll of goods, in, on or about any car, wagon, boat, vessel,
Provisional
operation of
such railway.
Application
for necessary
powers to be
made.
Extension of
license.
Final action.
Trains to be
run at regular
hours, &c.
Conveyance
of passengers
and goods.
Right of
action in
case of
neglect.
Punishment
of persons
cutting or
boring casks
or packages.
1513
58
Chap. 109. The Railway Act. 49 WICT.
warehouse, station house, wharf, quay or premises of, or
which belong to any company, with intent feloniously to
Penalty for
obstructing
inspecting
engineer.
Interpreta-
tion.
“Company.”
“Working ex-
“penditure.”
steal or otherwise unlawfully to obtain or to injure the con-
tents, or any part thereof, or who unlawfully drinks, or wil-
fully spills or allows to run to waste, any such liquors, or
any part thereof, shall, upon summary conviction, be liable to
a penalty not exceeding twenty dollars over and above the
value of the goods or liquors so taken or destroyed, or to im-
prisonment with or without hard labor for a term not exceed-
ing one month. 42 W., c. 9, S. 91.
106. Every person who wilfully obstructs any inspecting
engineer in the execution of his duty shall, for every such
offence, upon summary conviction, be liable to a penalty not
exceeding forty dollars ; and in default of payment thereof
immediately, or within such time as the convicting justice or
justices of the peace appoint, shall be liable to imprisonment
for any term not exceeding three months. 42 W., c. 9, S. 92,
part. -
* tº sº *-*****
PART THREE.
STATISTICS.
107. In Part Three of this Act, unless the context other-
wise requires,-- *
(a.) The expression “company” means a company con-
structing or operating a line of railway in Canada, whether
otherwise within the legislative authority of the Parliament
of Canada or not, and includes any individual or individuals,
not incorporated, who are owners or lessees of a railway in
Canada, or parties to an agreement for working a railway in
Canada ; - r
(b.) The expression “working expenditure” means and in-
cludes all 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, carriages
or wagons 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 rail-
way, and the traffic thereon, including stores and con-
sumable articles ; also, rates, taxes, insurance and com-
pensation 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
15 4
1886. The Railway Act. Chap. 109. 59
expenses; and generally all such charges, if any, not above
otherwise specified, as in all cases of English railway com-
panies are usually carried to the debit of revenue, as distin-
guished from capital account. 42'W., c. 9, SS. 29 and 85 ;-
46 W., c. 24, s. 3.
108. Every company shall annually prepare returns in àº.
accordance with the forms contained in schedule one to this prepared.
Act, of its capital, traffic and working expenditure, and of
all information required, as indicated in the said form, to
be furnished to the Minister ; and such returns shall be
dated and signed by, and attested upon the oath of the
secretary, or some other chief officer of the company, and
of the president, or in his absence, of the vice-president or
manager of the company:
2. Such returns shall be made for the period included What period
from the date to which the then last yearly returns made *
by the company extended, or from the commencement of
the operation of the railway, if no such returns have been
previously made, and, in either case, down to the last day
of June in the then current year:
3. A duplicate copy of such returns, dated, signed and Duplicate for
attested in manner aforesaid, shall be forwarded by such "***
company to the Minister within three months after the first
day of July in each year :
4. The company shall also, in addition to the information Further re-
required to be furnished to the Minister, as indicated in the *
said schedule one, furnish such other information and returns
as are, from time to time, required by the Governor in
Council:
5. Every company which makes default in forwarding ...;
such returns in accordance with the provisions of this sec- ºmph.
tion, shall incur a penalty not exceeding ten dollars for every
da during which such default continues:
6. The Minister shall lay before both Houses of Parlia- i. º
ment, within twenty-one days from the commencement of i.”
each session thereof, the returns made and forwarded to
him, in pursuance of this section. 42W., c. 9, ss. 30 and 33 ;-
44 V., c. 24, SS. 2 and 4, part.
109. Every company shall, weekly, prepare returns of its Weekly i.
traffic for the next preceding seven days, in accordance with º ind
the form contained in schedule two to this Act, and a copy transmitted.
of such returns, signed by the officer of the company respon-
sible for the correctness of such return, shall be forwarded by
the company to the Minister, within seven days from the day
in each week up to which the said returns have been pre-
pared ; and another copy of each of such returns, signed by Copy to be
the same officer, shall be posted up by the company within Pºº" "P.
the same delay, and kept posted up for seven days, in some
conspicuous place in the most public room in the head office
of the company in Canada, and so that the same can be perused
1515
60
Chap. 109. The Railway Act. 49 WICT.
Penalty for
non-compli-
3. Il C6.
Penalty for
signing false
return.
Recovery of
such penalties.
Return of
accidents to
to be made.
Cause and
nature.
Locality and
time.
Extent and
particulars.
Copies of by-
laws.
Form of re-
turn may be
prescribed.
by all persons; and free access thereto shall be allowed to all
persons during the usual hours of business at such office, on
each day of the said seven days not being a Sunday or
holiday: - -
2. Every company which makes default in forwarding the
said weekly return to the Minister, or which fails to post up
and keep posted up a copy thereof as aforesaid, and to allow
free access thereto as aforesaid, shall incur a penalty not
exceeding ten dollars for every day during which such default
continues. 42 W., c. 9, s. 31;-44 W., c. 24, s. 2, part.
II.O. If any return which is required by the two sections
next preceding is false in any particular, to the knowledge of
any person who signs the same, such person shall be liable, on
conviction thereof, on indictment, to fine and imprisonment,
—but such fine shall not exceed two hundred and fifty
dollars. 42 W., c. 9, s. 32, part.
III. Every penalty imposed under any of the three sec-
tions next preceding, shall be recoverable for his own use and
benefit by any person who sues for the same in any court of
competent jurisdiction. 42 W., c. 9, s. 32, part.
II.2. Every company shall, within one month after the
first days of January and July, in each and every year, make
to the railway committee, under the oath of the president,
secretary or superintendent of the company, a true and par-
ticular return of all accidents and casualties, whether to life
or property, which have occurred on the railway of the com-
pany during the half year next preceding each of the said
periods respectively, setting forth,
(a.) The causes and natures of such accidents and casual-
ties;
(b.) The points at which they occurred, and whether by
night or by day : -
(c.) The full extent thereof, and all the particulars of the
Same :
And shall also, at the same time, return a true copy of the
existing by-laws of the company, and of its rules and regula-
tions for the management of the company and of its railway.
42 W., c. 9, s. 55.
113. The railway committee may order and direct, from
time to time, the form in which such returns shall be made
up, and may order and direct any company to make up and
deliver to the railway committee, from time to time, in addi-
tion to the said periodical returns, returns of serious accidents
occurring in the course of the public traffic upon the railway
belonging to such company, whether attended with personal
injury or not, in such form and manner as the railway com-
mittee deems necessary and requires for its information with
a view to the public safety. 42 W., c. 9, s. 56.
1516
1886. The Railway Act. Chap. 109. 61
114. If the returns required under the two sections next Penalty for
preceding, so verified, are not delivered within the respective *
times in the said sections prescribed, or within fourteen days
after the same have been so required by the railway commit-
tee, every company which makes default in so doing shall for-
feit to Her Majesty the sum of one hundred dollars for every
day during which the company neglects to deliver the same.
42 W., c. 9, s. 57.
115. All returns made in pursuance of any of the provis- Returns
ions of this part of this Act shall be privileged communica-P"*
tions, and shall not be evidence in any court whatsoever.
42 W., c. 9, ss. 34 and 58.
CROSSING OTHER, RAILWAYS.
116. The provisions of sub-sections thirteen and fourteen º of
of section six in Part One of this Act shall also apply to every ºil
company incorporated under any Act of any Provincial Legis- charters.
lature in any case in which it is proposed that such railway
shall cross, intersect, join or unite with a railway under the
legislative control of Canada. 42 W., c. 9, s. 7, sub-s. 16, part.
PENALTIES.
117. Every officer or servant of, and every person em- Punishment
ployed by the company, who wilfully or negligently violates º
any by-law or regulation of the company lawfully made and
in force, or any order or notice of the railway committee, or of
the inspecting engineer, of which a copy has been delivered
to him, or which has been posted up or open to his inspection
in some place where his work or his duties, or any of them,
are to be performed, if such violation causes injury to any If injury is .
person or to any property, or exposes any person or any pro- º:
perty to the risk of injury, or renders such risk greater than it ºf
would have been without such violation, although no actual
injury occurs, is guilty of a misdemeanor, and shall, in the
discretion of the court before which the conviction is had, and
according as such court considers the offence proved to be
more or less grave, or the injury or risk of injury to person or
property to be more or less great, be punished by fine or im-
prisonment, or both ; but no such fine shall exceed four hun-
dred dollars and no such imprisonment shall exceed the term
of five years. 42 W., c. 9, s.93;–31 W., c. 12, s. 67, part.
IIs. Whenever such violation does not cause injury to ſº;
any person or property or expose any person or property to jºis.
the risk of injury, or make such risk greater than it would increased.
have been but for such violation, the officer, servant or other
person guilty thereof shall, upon summary conviction, on
the oath of one credible witness other than the informer, be
liable to a penalty not exceeding the amount of thirty days'
pay, and not less than fifteen days’ pay of the offender from
the company, with costs, in the discretion of the justice or
justices of the peace before whom the conviction is had :
1517
62 Chap. 109. The Railway Act. 49 WICT.
º * 2. A moiety of such penalty shall belong to Her Majesty,
for the public uses of Canada, and the other moiety shall
belong to the informer, unless he is an officer or servant of or
person in the employ of the company, Lin which case he shall
be a competent witness and the whole penalty shall belong
to Her Majesty, for the uses aforesaid. 42 W., c. 9, ss. 94 and
95;—31 W., c. 12, s. 68, part, and s. 69, part.
º of 119. The company may, in all cases under the two sec-
*... “ tions next preceding, pay the amount of the penalty and
costs, and recover the same from the offender or deduct it
from his salary or pay. 42 W., c. 9, s. 96.
APPLICATION OF PENAILTIES.
£º ... , 120. All penalties recovered under this Act, or any part
the railway thereof, in respect to the application of which no other pro-
fund. vision is made, shall be paid to the Minister of Finance and
Receiver General, to the credit of “The Railway Inspection
Fund.” 42 W., c. 9, s.99.
CERTAIN COMPANIES AND RAILWAYS.
Certain rail-, 121. The Intercolonial Railway, the Grand Trunk Rail-
. lººd way, the North Shore Railway, the Northern Railway, the
for advantage Hamilton and North-Western Railway, the Canada Southern
** Railway, the Great Western Railway, the Credit Valley Rail-
way, the Ontario and Quebec Railway, and the Canadian
Pacific Railway, are hereby declared to be works for the
general advantage of Canada, and each and every branch
line or railway now or hereafter connecting with or crossing
the said lines of railway, or any of them, is a work for the
general advantage of Canada :
To be subject 2. Every such railway and branch line shall hereafter
to legislaº be subject to the legislative authority of the Parliament of
; : Canada; but the provisions of any Act of the Legislature of
- any Province of Canada, passed prior to the twenty-fifth day
of May, one thousand eight hundred and eighty-three, rela-
ting to any such railway or branch line, and in force at that
date, shall remain in force so far as they are consistent with
any Act of the Parliament of Canada passed after that date.
42 W., c. 9, s. 100 ;—46 W., c. 24, s. 6, part.
SCHEDULE ONE.
Form of yearly returns to the Minister of Railways and
Canals, required from railway companies under “The
Railway Act.”
RETURNS made by the ſcorporate name of the Company) in
pursuance of “The Railway Act,” for the period included
between the (insert the day to which the last returns eactend,
or the date of the commencement of operations, as the case
may be), to the last day of June, in the year 18
1518
1886. The Railway Act. Chap. 109.
63
LOCATION AND GENERAL DESCRIPTION OF RAILWAY.
Showing the county or counties through which the railway
runs, the terminal points, connections, if any, and giving a
general description of the line and the country through which
tt passes.
Statement containing copies of all contracts made by the
Company, for the construction of any part of the railway.
- NO. 1.
RETURNS of the Capital Account of the said Railway, also
the Revenue and Expenditure, &c.
No. 2.-CAPITAL ACCOUNT.
*Rate of
Autho- Sub- e
-smºs- rized. scribed. Paid up. §: r
$ cts. $ cts. $ cts $ cts.
Total amount of ordinary share
capital
Total amount of preference share
capital .... .............. * e º e º e = * e e s = e º u e º e º 'º
: do do
do do
O
Total amount of ordinary bonds .....
do do
do do
do do
- do do .....
Total amount of Government loans ...
do bonuses
O
Total amount of Government sub-
Scription to shares ........................
Total amount of Government sub-
scription to bonds ......................
Total amount of municipal loans ......
do do bonuses. ...
do of municipal subscrip-
tion to shares ......
do of municipal subscrip-
tion to bonds . . . .
do from other sources....... .
Total capital ....................
*State whether dividend is cumulative or not.
This statement must agree with the totals shown in the
report of the company, a copy of which is to be transmitted
also. If there are more issues of preference shares or bonds
than one, state them, and the amount of each class.
1519
64 Chap. 109. The Railway Act. 49 WICT.
If any floating debt exists it must be stated, so as to make
the total agree with the published report.
No. 3.—LOANS OR BONUSES FROM GOVERNMENTS OR
MUNICIPALITIES.
ſ —sº
ſº g | t -> (l
oš º º º tº º
5 # #3 | #3 | # ;
From what source. 33 E. #3 # #3 & ‘s ‘s .
5 § p : 23 ºn tº 3 º'c -->
3 : C c 92 'a º 9 : 5 3 $ 5
Hö 53 5 #5 E. #3 $ 3
<q. <! <! CO < Cº 3 a
$ cts. $ cts. $ cts. $ cts. $ cts. $ cts.
Governments. . . . . . .
Total... . . . . .
g |
Municipalities......
Total... . . . . .


No. 4.—BONDS OR OTHER SECURITIES NEGOTIATED BY THE
COMPANY.
Amounts. Rate of Interest. Date of Sale. Prices Realized.
$ Cts. $ cts. $ cts. $ cts,

No. 5.-SALES OF LAND MADE BY THE COMPANY.
Acres sold. Price per Acre. Amount.
1520
1886. . The Railway Act. Chap. 109. 65.
No. 6.—FLOATING DEBT.
Amount. Rate of Interest. Remarks.
$ CtS. $ cts •
No. 7.—CHARACTERISTICs of RoAD, &c.
- OWNED
*Length of main line from......... • . . . . . . . . . . . . to. . . . . . . . . . . . . e tº e
ClO branch from. . . . . . . . . . . . . . . . . . . . . . . . to. . . . . . . . . . . tº e g º º
do do . . . . . tº º ºs º ºs e e º ſº e º ºs º is tº e º & © to. . . . . . . . . . . . gº tº º º
do do . . . . . . . . . . . . . . . . . . . . . . . . to. . . . . . . . . . e s e e º e
do do . . . . . . . . . . . . . . . . . . . . . . . . to. . . . . . . . . . . . . . . .
LEASED.
Length of railway from..... e º e º 'º e e s is e º e º e e s e e s tº e to . . . . . . . . . . . . . . .
do do . . . . . . . . . tº a s e º e º ºs e º 'º e is e e º g to. . . . . . . . . . . . . . . .
do do . . . . . . . . . . . . . . . . . . . . . . . . . to. . . . . . . . . . . . . . . .
do do . . . . . . . . . . . . . . . . . . . . . . . . . • to. . . . . . s • * * * * * * * *
Total mileage worked. . . . . . . . . . . we & tº c e º &
Length of road laid with iron rails. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do do steel rails....... - - - - - - - - - - - - - - - - - , . . . . . . . . .
do of sidings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do of double track (if º * s a e e º e º 'º e º 'º e º e s e e g a s is a c e s s a e e s e g g s
Weight of rail per yard, main line, iron. . . . . . . . . . . . . . . . . . . . . . . . . . .
do do do Steel. . . . . . . . . . . . . . . . . . . . . . . . . . . .
do do branches, iron. . . . . . . . . . . . . . . . . . . . . . . . . . .
do do do steel. . . . . . . . . . . . . . . . . . . . . . . . . . . .
Number of engine houses and shops. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do of engines owned by Company.............................
do do, hired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do of first-class passenger cars owned by Company........... tº
do do do hired. . . . . . . . . . . . . . . . . . . . . . . . . .
do of second-class and emigrant cars owned by Company.......
do do do hired. . . . . . . . . . . . . . . . . . .
do baggage, mail and express cars owned by Company.......
do O do ired. . . . . . . . . . . . . . . . . . . .
do cattle and box freight cars owned by Company. . . . . . . . . . .
do do do hired. . . . . . . . . . . . . . . . . . . . . . . .
do platform cars owned by Company..... tº e º e º e º ºs e º e º 'º c s & e s tº
do do hired. . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º 'º e º e
do coal cars owned by Company............................
do do hired . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do ties to mile, main line. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
do do branches. . . . . . . . . . . . . . . . . . . . . . . tº e s tº e º e s e º o
Nature of fastenings used to secure joint of rail....... . . . . . . . . . . . . . . .
Number of grain elevators. . . . . . . . . . . . . . . . . . . . . . . . . . . . .............
f Capacity of do at . . . . . . . . . . . . . . . . . * * * * c e s e e s s a e e s e s e e e s e
do do & e s s e a e s • * : * : * : * . a .e. s is . e. e. e. e. e e s -e e s , s , e. e. e. e. e s e s e s e
do do . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº º O e s tº g º º
Number of level road crossings at which watchmen are employed....
do do Without watchmen. . . . . . . . . . ........
do overhead bridges. . . . . . . . . . . . . . . . . . . . . . . . . . .............
Height of do above rail level............ © tº e º & © tº e º 'º º e
Number of level, crossings of other railways. . . . . . . . . . . . . . . . . . . . . . .
do junctions with other railways............................
do do branch lines. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Radius of sharpest curve. . . . . . . . . . . . . . . . . . . . . . . tº dº e º e º e º e s e e s e s m e º e
Number of feet per mile of heaviest gradient........... 6 º' tº e º e s p s e s is •
Gauge of railway.. . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * s s e o e
Miles.
"If the line, or any portion of it, is under construction, the length being con-
structed to be given. .
fState where these are situated, and the capacity of each.
66
49 WICT.
Chap. 109. The Railway Act.
No. 8.—ACTUAL COST OF RAILWAY AND ROLLING STOCK.
:
. Cost of land and land damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Cost in connection with the administration of the Land Grant
in aid, if any. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Cost of grading, masonry and bridging, station buildings, &c...
. Cost of rolling stock of all kinds, including workshops.........
$ CtB.
i
|
i
The above total to show the real cash cost of construction and rolling stock.
No. 9.—OPERATIONS OF THE YEAR AND NUMBER of
MILES RUN.
Average rate of speed of passenger trains. . . . . . . . . . . . . . . . . . . . .
d
. Miles run by passenger trains. . . . . . . . . 0 0 e º sº º e º e º e s e º e º ºs e e g c e 6 • -
do freight trains.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
* do mixed trains. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • tº e º O &
. Total miles run by trains.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * *
e do engines.. . . . . . . . . . . tº º 0 e º 0 e º 'º e s e º e º a s e e s e º e º e
. Total number of passengers carried. . . . . . . . . . . . . ... . . . . . . . . . . . . .
do tons of freight (of 2,000 lbs.) carried. . . . . . . . . . . .
º O freight trains. . . . . . . . . . . . . . . . . . . . . . . . . .
. Average weight of *...*. trains in motion. . . . . . . . . . . . . . . . .
º do reight trains in motion... . . . . . . . . . . . . . . . . . . .
No. 10.—DESCRIPTION OF FREIGHT CARRIED.
Weight in
- Tons.
i
. Flour in barrels, No. . . . . . . . . . . . . . . . . …
. Grain in bushels, No. . . . . . . . . . . . . . . . . . . . . . * e s e º 'o e e s e e o e s e e e s a e e s a
• Live stock, No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Lumber of all kinds, excepting firewood, ft. . . . . . . . . . . . . . . . . . . . . . .
. Firewood, number of cords of 128 cubic ft... . . . . . . . . . . . . . . . . . . .
Mºnufactured goods. . . . . . . . . . . . . . . . . . . . . . . . . "e & © e s ∈ e e e e s tº e º e s e º is
. All other articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Weight carried. . . . . . . . . . . . . . . . . …
1522
1886. The Railway Act.
Chap. 109. 67
No. 11.—EARNINGS OF THE RAILWAY.

CtS.
1. From passenger traffic .......................... ...............................
2. From freight traffic...... ge e º e º is e is e e or º e º e e º a c e s tº dº & tº a tº e º 'º e s & © tº e s is e g º e º sº e º 'º dº e s e g º e º ſo
3. From mails and express freight.............. tº a tº e º se e º 'ºw tº e s tº ſº tº s vs tº e º e o e g º e º a º o
4. From other sources ........ tº e º ſº tº e & dº tº e º e s e e s a e º s e º e º 'º e s ∈ a e º a s a g g g g g g g º e s e g e s & e o e º a s
Total...------................................................
No. 12.—GENERAL TARIFE OF ToILS ESTABLISHED BY THE
COMPANY.
No. 13.—SPECIAL RATES OF TOLLS ESTABLISHED BY THE
COMPANY.
No. 14, A.—OPERATING EXPENSEs—MAINTENANCE OF LINE,
BUILDINGS, &c.

CtS.
. Wages, &c., of labor employed on track, including sidings.......
Cost of iron rails and fastenings.............................................
Cost of steel rails and fastenings............................ * & © tº e º ºs e º 'º gº tº e º a
Ballasting............................ ........ ........... ...........................
. Repairs of bridges and culverts......................... .....................
. Repairs and renewals of buildings..........................................
• Repairs of fencing........................... ....................................
Clearing Snow . . ….............................................................
Engineering Superintendence.................................................
18% 1523
68
49 WICT.
Chap. 109. The Railway Act.
No. 14, B.—OPERATING ExPENSEs—WORKING AND REPAIRS
OF ENGINES.

. Wages of engineers, firemen and cleaners..............................
. Cost of coal for fuel...............................................................
Cost of wood for fuel............................................................
. Repairs of engines and tenders .............................................
. Oil, tallow, Waste, &c., for engines........................................
. Pumping engines.................. ........ . .......... tº e º & e º 'º e º ºs e e e º e º e º e º e e º e s
. Repairs of tools and machinery ................... ..........................
. Superintendence................... ..... ............................... .........
;
i
CtS.
No. 14, C.—WORKING AND REPAIRS OF CARs.
1. Wages and material for repairs of passenger cars. ......... .........
2. do do freight cars and Snow ploughs
3. Superintendence.......................................................... * tº 45 tº , º, e º &
Total.......-------------------------..............................
CtS.
J
No. 14, D.—OPERATING EXPENSES-GENERAL AND OPER-
ATING CHARGES.
tºº CtS.
1 Office expenses, including directors, auditors, management,
travelling expenses, stationery, &c.......................-... .........
2. Station agents, clerks, porters, &c..................... & ſº tº 4 tº º
3. Conductors, baggagemen and brakemen............. dº sº a u º sº e º ºs e g º º e g º ºs º º
4. Compensation for personal injuries ....................... ...............
5 LOSS or damage to freight. .............................. ............... ....
6. Cattle killed. ........ ... --....................................................
7 Cost of ferries and ferry-boats ...........................................
8. Cost of foreign agencies ......................... ..........................
9 Small stores, including lights, lamps and signals...................
10. All other charges ............................. ºf v is e e s e º e º s = e s e e s e º e º e º e º see e s -
ll.
12.
13.
Total......... ........ ........... ..................... tº º e º e s e º a s e
Blanks are left for any other items of expenditure not included above.
Ž
§
i
:
No. 16.-ACCIDENTS.
Cause of Accident.
Passengers.
Employés.
Others.
Total.
Killed.
Injured.
Killed.
Injured.
Killed. [Injured.
Killed. (Injured.
Fell from cars or engine .................................
Jumping on or off trains or engine when in motion...
Walking, standing, lying, sitting or being on track.
At work on or near the track, making up trains .....
Putting arms or heads out of windows. ..................
Coupling cars.................... ....... ......... ...
Collision, or by trains thrown from track ..............
Explosions ... ........ ... ........ ....... ......... ...............
Striking bridges.................... * = c e s e º a e a e º e e s = e e º e º e º ºs e º 'º - “
The following is a Statement of the date of each Accident
train, the cause of the Accident, the extent of the injury to each person injured, and the
name of such person.
J
, the place where it occurred, the
Date.
Name and Place.
Nature of Accident or Cause.
;
t;
:
º
i
i
|
i
#


#
Š
} -i.
70 Chap. 109. The Railway Act. t 49 WICT.
No. 17.—NAMES AND RESIDENCES OF DIRECTORS AND
OFFICERS OF THE COMPANY.
Names of Directors. m Residence.
President...... . ... ºn e º 'º t e º e s e º sº e º 'º º &
Secretary and Treasurer....
General Manager .............
Engineer. .......................
Superintendent ..... ..........
The following is the official name and address of the
Company :—
44 W., c. 24, sch.
SCHEDULE TWO.
tº e º e s tº & .......................Railway of Canada.
RETURN of Traffic for the week ending 18 ,
and the corresponding week, 18
Mails Mil
Date. Passengers. Freight and Live Stock. and Total. O €S
Sundries. pen
18 1............ | e e s a tº e º s e º e º I e s a e º 'º s & " - e s a º ºs e s e g a tº e s a s ſº e is a e s e º 'º • * * * * * * * * * * > * * * * * * * * * * * * * * e s tº dº e e º 'º e º e º e º 'º º
18 l............ s e º e s m e º g e º a a s a s is g º ºr a e º e º e = e s ] , s , a s a e s e s ∈ e º se e º tº w e º e º e º e º e º e º e º $ 4 w is tº e s tº a 2 e s ∈ tº tº e º ſº tº º e s a tº e &
Increase....................... © tº ſº º e º gº
Decrease........... tº e º s e e º e º e º e g a c e s a e
Aggregate Traffic from........................ 18......
& iº Mails
Date. Passengers. * reis; º Live and Total. Miles Open.
Sundries.
18 .................. [.......... * * * * * * * * * * * * * * * * * * | * * * * * * * * * * * * * * * * * * I e s s e s a s a e º s s a e º s a v I ºr e º e g º e g sº e s se e s a
18 ........ ......... [.............................
* * * * * * * * * * * * * * * * * * : * * * * * * * * * * * * * * * * * * | * * * * * * * * * s s p * * * > * a
42 W., c. 9, sch. 2.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
« Excellent Majesty. -
1526
CHAPTER II.O.
An Act respecting the sale of Railway Passenger Tickets. A.D. 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- Any railway company subject to the jurisdiction of the Appointment
Parliament of Canada, or to which “The Railway Act”;,
applies, and the Minister of Railways and Canals, as respects
any railway under the control of the Government of Canada,
may appoint, in any city, town or village in Canada, such
person or persons as it or he chooses, as agents for the sale
of passenger tickets to passengers or persons who desire to
travel by the railway of the company employing such agent,
or by any Government railway, as the case may be. 45 W.,
c. 41, s. 1.
2. The Minister of Railways and Canals, or company Certificate of
employing any such agent, shall give him a certificate of his *PP*
appointment, which shall be under the hand of the Minister
of Railways and Canals, or the corporate seal of the com-
pany appointing him ; and such agent shall keep the same To be
framed or exhibited in some conspicuous part of his office or *
place of business, where it can be seen and read by those
resorting to the office. 45 W., c. 41, s. 2.
3. Every agent of a foreign railway company doing busi- As to agents
ness in Canada shall, before issuing tickets over any Gov- #ºn.
ernment railway line, or other Canadian railway line, be duly panies.
authorized for such purpose by the Minister of Railways and
Canals, or by the company, as the case may be, over whose
line he desires to issue tickets, in the same manner as is here-
in before provided in respect of other agents, and shall have
and exhibit, in like manner, a certificate from the foreign
company he represents. 45 W., c. 41, s. 3, part.
4. Every ticket sold by any agent shall have the name Name and
of such agent and the date of the sale written or stamped **
plainly upon it, and every person who fraudulently alters, ticket.
changes or imitates such signature or date, is guilty of an
offence against this Act. 45 W., c. 41, s. 3, part.

1527
2
Chap. 110. Railway Passenger Tickets. 49 WICT.
Authorized
agents may
procure
tickets from
each other.
Act not to
affect station
agentS.
No tickets to
be sold with-
out authority.
Penalty for
violation of
this Act.
Redemption
of unused
ticket or part
of ticket.
When to be
redeemed.
Time limited.
No sale in any
other manner.
5. Nothing in this Act shall prevent the duly authorized
agent of any company from procuring from the duly author-
ized agent of any other company, a ticket for a passenger to
whom he has sold a ticket to travel over the line or any part
thereof for which he is the authorized agent, so as to enable
such passenger to travel to the point or junction from which
he has previously secured his ticket. 45 W., c. 41, s. 4.
6. Nothing in this Act contained respecting the appoint-
ment of agents for the sale of tickets shall prevent the sta-
tion agents of the Minister of Railways and Canals or com-
pany, at their stations, and in their ticket offices at such
stations, from selling tickets to passengers about to enter
upon º travel by railway from the said stations. 45W.,
C. 41, S. 7.
7. No person, except those authorized as above mentioned,
shall sell or offer for sale any railway passenger ticket, or
pass, ticket, certificate or other instrument, enabling any per-
son or purporting to entitle any person to travel on any one
railway, or more than one railway, or on any part of one rail-
way, or parts of several railways to which this Act applies.
45 W., c. 41, s. 5, part.
8. Every person guilty of an offence against this Act shall,
upon summary conviction thereof before any justice of the
peace, be liable to a penalty not exceeding fifty dollars and
not less than twenty dollars and costs, or to imprisonment
for a term not exceeding ninety days and not less than ten
days, or to both penalty and imprisonment, in the discretion
of the justice. 45 V., c. 41, s. 5, part.
9. The Minister of Railways and Canals, with respect to
any Government railway and every railway company sub-
ject to the jurisdiction of the Parliament of Canada, or to
which “The Railway Act” applies, as the case may be, shall
repay to every holder of a ticket over any Government rail-
way line or other Canadian railway line, as the case may be,
the cost of his ticket, if unused in whole or in part, less the
ordinary and regular fare for the distance for which such
ticket has been used:
2. Such repayment shall be made at any station or office
of the railway or company between and including the points
covered by the ticket: *
3. The claim for such redemption shall be made within
thirty days from the expiration of the time for which the
ticket was issued, in accordance with the conditions thereon :
4. The sale by any person of the unused portion of any
ticket otherwise than by the presentation of the same for
redemption, as provided for in this section, is an offence
against this Act, and shall be punishable as herein provided.
45 W., c. 41, s. 9.
1528
1886. Railway Passenger Tickets. Chap. 110. 3
10. Every passenger who presents a single journey ticket Right of stop-
upon a train within the time for which the conditions ...".
printed upon such ticket and the date shows such ticket to º
be good for use, may apply to the conductor of such train
to have the privilege of stopping over granted, and the time
for which the ticket is valid extended, which shall be con-
ceded on tickets purchased at railway ticket offices in Canada,
from one place in Canada to another, or from a place in Can-
ada to a place in the United States; but no such passenger
shall be entitled to have such time extended for more than
two days for every fifty miles of distance to be travelled in
Canada. 45 W., c. 41, s. 10. -
II. Every complaint respecting an offence against this Procedure.
Act shall be prosecuted under the provisions of the “Act
respecting summary proceedings before Justices of the Peace.”
45 W., c. 41, s. 6.
12. The examination or deposition of any complainant Examination,
or witness, taken or heard under oath in the presence of ...,
the person accused, on the hearing of any complaint for any case of appeal.
offence against this Act, may, if the person charged, or his
counsel or agent, has had the opportunity of cross-examining
such complainant or witness, whether he has done so or not,
be used in evidence on the hearing of any appeal from any
decision of the justice of the peace before whom the trial
was had, if the person whose examination or deposition is
so used is out of the jurisdiction of the court to which the
appeal is made, and if the said examination or deposition
has been reduced to writing and has been signed by the per-
son whose examination or deposition it purports to be :
2. The said examination or deposition may be read and Proof of such
taken as evidence on the hearing of such appeal, upon the ...”
production of the certificate of the justice of the peace before
whom the trial was had, under his hand, setting forth that
the said examination or deposition which is offered in evi-
dence, was taken before him on the hearing of the complaint
which forms the subject matter of the said appeal. 45W.,
c. 41, s. 8.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1529
An Act respecting Dominion Day. A.D. 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
1. Throughout Canada, in each and every year, the first Dominion
day of July, not being a Sunday, shall be a legal holiday, * *
and shall be kept and observed as such, under the name of
“Dominion Day.” 42 W., c. 47, s. 1. g
2. When the first day of July is a Sunday, the second day Provision if it
of July shall be, in lieu thereof, throughout Canada, a legal ..."
holiday, and shall be kept and observed as such under the y.
same name. 42 W., c. 47, s. 2.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

1531
CHAPTER II2.
An Act respecting Oaths of Allegiance. A. D. 1886.
HHR Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1. The following form and no other, shall be that of the Form of oath
oath of allegiance to be administered to and taken by every per- prescribed.
son in Canada, who, either of his own accord or in compliance
with any lawful requirement made on him, or in obedience
to the directions of any Act or law in force in Canada, save
and except “The British North America Act, 1867,” desires
to take an oath of allegiance, that is to say:
“I, A. B., do sincerely promise and swear that I will be The form.
“faithful and bear true allegiance to Her Majesty Queen
“Victoria (or reigning Sovereign for the time being) as lawful
“Sovereign of the United Kingdom of Great Britain and
“Ireland, and of this Dominion of Canada, dependent on and
“belonging to the said Kingdom, and that I will defend Her
“to the utmost of my power against all traitorous conspi-
“racies or attempts whatsoever, which shall be made against
“Her person, crown and dignity, and that I will do my
“utmost endeavor to disclose and make known to Her Ma-
“jesty, Her heirs or successors, all treasons or traitorous
“conspiracies and attempts which I shall know to be against
“Her or any of them ; and all this I do swear without any
“equivocation, mental evasion or secret reservation. So help
“me God.”
And all justices of the peace and other officers lawfully who may ad-
authorized, either by virtue of their office or special commis- minister it.
sion from the Crown for that purpose, may administer the
oath of allegiance under this Act in any.part of Canada; and No other de-
it shall not be necessary for any person appointed to any *::::::::
civil office in Canada, or for any mayor or other officer or necessary.
member of any corporation therein, or for any person admit-
ted, called or received as a barrister, advocate, notary public,
attorney, solicitor or proctor, to make any declaration or
subscription, or to take or subscribe any other oath than the
Oath aforesaid, and also such oath for the faithful perform- Oath of office
ance of the duties of his office, or for the due exercise of his ****
profession or calling as is required by any law in that behalf.
31 W., c. 36, s. 3. -


1533
Chap. 112. Oaths of Allegiance. 49 WICT.
Within what
time the oaths
must be taken.
Affirmation of
2. The oath of allegiance hereinbefore set forth, together
with the oath of office or oath for the due exercise of any
profession or calling, shall be taken within the period and
in the manner, and subject to the disabilities and penalties
for the omission thereof, by law provided with respect to
such oaths, in all such cases respectively. 31 W., c. 36, S. 4.
3. All persons allowed by law to affirm instead of making
oath in civil cases, in any part of Canada, shall be received to
take an affirmation of allegiance in the like terms, mutatis mu-
tandis, as the said oath of allegiance; and such affirmation
of allegiance, taken before the proper officer, shall in all cases
be accepted from such persons in lieu of such oath, and shall
as to such affirmants have the like effect as the said oath
of allegiance; and all justices of the peace and other officers,
lawfully authorized either by virtue of their office or by
special commission from the Crown for that purpose, may
administer the affirmation of allegiance in any part of Canada.
31 W., c. 36, s. 5.
allegiance
may be sub-
stituted for
oath.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen’s Most
Excellent Majesty.
1534
§§ º &
º
§§ ſº
&#&ºº
§º Tº
º º g º
;
#2. -
*_ººſ Sºº-º-
CHAPTER 113.
An Act respecting Naturalization and Aliens. A.D. 1886,
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:– n
SHORT TITLE.
1. This Act may be cited as “The Naturalization Act.” Short title.
44 W., c. 13, s. 3.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “disability" means the disability of º bility
being an infant, lunatic, idiot, or married woman ; 1Sap111ty.
(b.) The expression “officer in the diplomatic service of “Officer in
Her Majesty” means any ambassador, Minister or chargé lºº
d'affaires, or secretary of legation, or any person appointed tº"
by such ambassador, Minister, chargé d'affaires, or secretary
of legation, to execute any duty imposed upon an officer in
the diplomatic service of Her Majesty by the Act passed by
the Parliament of the United Kingdom, known as “The
Naturalization Act, 1870;”
(c.) The expression “officer in the consular service of Her “Officer in
j
Majesty” means and includes consul-general, consul, vice- ºr
consul and consular agent, and any person for the time being
discharging the duties of consul-general, consul, vice-consul
or consular agent;
(d.) The expression “Oath" includes affirmation, in the case “Oath.”
of a person allowed by law to affirm in judicial cases;
(e.) The expression “county’ includes a union of counties
and a judicial district or other judicial division;
(f) The expression “alien’’ includes a statutory alien ; “Alien.”
(g) The expression “statutory alien" means a natural- statutory
born British subject who has become an alien under this Act “alien.”
or any Act or Acts in that behalf;
(h.) The expression “subject” includes a citizen when the “Subject.”
foreign country referred to is a republic. 44 W., c. 13, s. 1,
and s. 20, part.
“County.”
RIGHTS OF PROPERTY OF ALIENS.
3. Real and personal property of any description may be º º
taken, acquired, held and disposed of by an alien in the same ...
vice of H. M.’’
transmit pro-







1535
2 Chap. 113. The Naturalization Act. 49 WICT.
º, of any manner, in all respects, as by a natural-born British subject;
e and a title to real and personal property of any description
may be derived through, from, or in succession to an alien,
in the same manner in all respects as through, from, or in
To have succession to a natural-born British subject; but nothing in
- º this section shall qualify an alien for any office, or for any
given. municipal, parliamentary, or other franchise; nor shall any-
thing therein entitle an alien to any right or privilege as a
British subject, except such rights and privileges in respect
of property as are hereby expressly conferred upon him :
Act not to . 2. The provisions of this section shall not affect any estate
#º or interest in real or personal property to which any person
has or may become entitled, either mediately or immediately,
in possession or expectancy, in pursuance of any disposition
made before the fourth day of July, one thousand eight
hundred and eighty-three, or in pursuance of any devolution
by law on the death of any person dying before the said
# to owning date; nor shall the provisions of this section qualify an alien
ships. - * * ©
Ships to be the owner of a British ship. 44 W., c. 13, s. 4.
EXPATRIATION.
Declaration 4. Whenever Her Majesty has entered into a convention
.* with any foreign state to the effect that the subjects ofthat state
convention who are naturalized as British subjects may divest them-
.**** selves of their status as British subjects, and whenever Her
º Majesty, by Order in Council, passed under the third sec-
tion of the Act passed by the Parliament of the United King-
dom, known as “The Naturalization Act, 1870,” has declared
that such convention has been entered into by Her Majesty
—from and after the date of such Order in Council, any per-
son originally a subject of the state referred to in such order,
who has been naturalized as a British subject within Can-
ada, may, within such limit of time as is prescribed in the
Effect of such convention, make a declaration of alienage, and from and
* after the date of his so making such declaration, such person
shall, within Canada, be regarded as an alien, and as a sub-
ject of the state to which he originally belonged, as aforesaid.
44 W., c. 13, s. 5.
Before whom 5. Any such declaration of alienage may be made before
º any of the persons following, that is to say:—
made. (a.) If the declarant is in the United Kingdom, in the
presence of any justice of the peace ;
(b) If elsewhere in Her Majesty's dominions,—in the pre-
sence of any judge of any court of civil or criminal jurisdic-
tion, or of any justice of the peace, or of any other officer for
the time being authorized by law, in the place in which the
declarant is, to administer an oath for any judicial or other
legal purpose ;
(c.) If out of Her Majesty's dominions,—in the presence of
any officer in the diplomatic or consular service of Her
Majesty. 44 W., c. 13, s. 6. - *
1536
1886. The Naturalization Act. Chap. 113. 3
6. Any person who, by reason of his having been born ºn
within the dominions of Her Majesty, is a natural-born sub-persons §
ject, but who, also, at the time of his birth became, under the i. tºº,
law of any foreign state, a subject of such state, and is still {...,’.”
such subject, may, if of full age, and not under any disability, ###.
make a declaration of alienage in manner aforesaid, and from tº*
and after the making of such declaration of alienage, such thereof.
person shall, within Canada, cease to be a British subject :
2. Any person who is born out of Her Majesty's dominions Pºlaratiºn of
of a father being a British subject, may, if of full age, and tº a
not under any disability, make a declaration of alienage in British sub-
manner aforesaid, and from and after the making of such dec-"
laration shall, within Canada, cease to be a British subject.
44 W., c. 13, s. 7.
R.EPATRIATION.
7. Any British subject who has, at any time before or at 㺠in
any time after the fourth day of July, one thousand eight †.
hundred and eighty-three, when in any foreign state and not jee, natural-
under any disability, voluntarily become naturalized in such ; "state.
state, shall, from and after the time of his so having become
naturalized in such foreign state, be deemed, within Canada,
to have ceased to be a British subject, and shall be regarded
as an alien : but when—
Any British subject has, before the fourth day of July, one º
thousand eight hundred and eighty-three, voluntarily become ***
naturalized in a foreign state and yet is desirous of remain- ; *
ing a British subject within Canada, he may, at any time * “
within two years after the said last mentioned date, make a
declaration that he is desirous of remaining a British subject,
and upon such declaration, (hereinafter referred to as a dec- Declaratiºn
laration of British nationality), being made, and upon his ***
taking the oath of allegiance, the declarant shall be deemed
to be and to have been continually a British subject within
Canada, with this qualification, that he shall, not, when º'
within the limits of the foreign state in which he has been º Fº
maturalized, be deemed, within Canada, to be a British sub-state.
ject, unless he has ceased to be a subject of that state in pur-
suance of the laws thereof, or in pursuance of a treaty to that
effect:
2. Such declaration of British nationality may be made, Yºº.
and the oath of allegiance be taken, before any of the persons .
following, that is to say:— tion may be
(a.) If the declarant is in the United Kingdom, in the made.
presence of a justice of the peace; -
(b.) If elsewhere in Her Majesty's dominions,—in the pre-
sence of any judge of any court of civil or criminal jurisdic-
tion, or of any justice of the peace, or of any other officer for
the time being authorized by law, in the place in which the
declarant is, to administer an oath for any judicial or other
legal purpose ; -
1537
4 Chap. 113. The Naturalization Act. 49 WICT.
(c.) If out of Her Majesty's dominions,—in the presence
of any officer in the diplomatic or consular service of Her
Majesty. 44 W., c. 13, s. 9.
NATURALIZATION.
i. i* ... s. Any alien who, within such limited time before taking
O certain e © ſº
conditions the oaths or affirmations of residence and allegiance and pro-
nº.º.º. curing the same to be filed of record as hereinafter prescribed,
oaths and & tº tº
jº cer as is allowed by order or regulation of the Governor in Coun-
#; º: cil, has resided in Canada for a term of not less than three
ject. years, or has been in the service of the Government of Canada
or of any of the Provinces of Canada, or of two or more of
such Governments, for a term of not less than three years,
and intends, when naturalized, either to reside in Canada or
to serve under the Government of Canada or of the Govern-
ment of one of the Provinces of Canada, or two or more of
such Governments, may take and subscribe the oaths of resi-
dence and allegiance or of service and allegiance in the form
A in the schedule to this Act, or to the like effect, and apply
for a certificate in the form B in said schedule. 44 W., c. 13,
S. 10.
Where and 9. Every such oath shall be taken and subscribed by such
...” alien, and may be administered to him before any of the fol-
may be taken, lowing persons, that is to say: a judge of a court of record
in Canada, a commissioner authorized to administer oaths in
any court of .# Canada, a commissioner authorized by
the Governor General to take oaths under this Act, a justice
of the peace of the county or district where the alien resides,
a notary public, a stipendiary magistrate, or a police magis-
trate. W., c. 13, s. 11.
Evidence of 10- The alien shall adduce, in support of such application,
º, such evidence of his residence or service, and intention to
required. reside or serve, as the person before whom he takes the oaths
aforesaid requires; and such person, on being satisfied with
such evidence, and that the alien is of good character, shall
grant to such alien a certificate in the form B in the schedule
to this Act, or to the like effect. 44 W., c. 13, s. 12.
º 11- Such certificate shall be presented,—
* * In Ontario, to the court of general sessions of the peace of
** the county within the jurisdiction of which the alien resides,
or to the court of assize and nisi prius during its sitting in
such county;
In Quebec. In Quebec, to the circuit court in and for the circuit within,
the jurisdiction of which the alien resides;
gº." In Nova Scotia, to the supreme court, during its sittings
in the county within the jurisdiction of which the alien
resides, or to the county court of such county;
In New Bruns. In New Brunswick, to the supreme court or the court of
wick. assize and nisi privs during its sittings in the county within
1538 !
1886. The Naturalization Act. Chap. 113.
5
the jurisdiction of which the alien resides, or to the county
court of such county ;
In British Columbia, to the supreme court of British Cól- In British
umbia, during its sittings in the electoral district within the *
jurisdiction of which the alien resides, or to the court of
assize and nisi prius during its sittings in such electoral dis-
trict, or to the county court of such electoral district;
In Manitoba, to the court of Queen's Bench during its sit- In Manitoba.
tings in the county within the jurisdiction of which the alien
resides, or to the court of assize and nisi privas during its sit-
tings in such county, or to the county court of such county;
In Prince Edward Island, to the supreme court of judica-In, Prince
ture during its sittings in the county within which the alien #."
resides, or to the court of assize and nisi prius during its sit-
tings in such county, or tothe county court of such county:
Such presentation shall be made in open court, on the first To be in open
day of some general sitting of such court; and thereupon “”
such court shall cause the same to be openly read in court;
and, if during such sitting, the facts mentioned in such cer- To be filed of
tificate are not controverted, or any other valid objection i.
made to the naturalization of such alien, such court, on the
last day of such sitting, shall direct that such certificate shall
be filed of record in the court. 44 W., c. 13, s. 13.
12. In the North-West Territories and in the District of In N. W. T.
Keewatin, such certificate shall be presented to such autho-º."
rities or persons as are prescribed by order or regulation of
the Governor in Council, and thereupon such authority or
person shall take such proceedings with respect to such cer-
tificate, and shall cause the same to be filed of record, in such
way as is prescribed by such order or regulation. 44 V., c. 13,
s. 14.
13. The alien shall, after the filing of such certificate, be Certificate of
entitled, under the seal of the court, if such certificate has naturalization
been presented to a court, to a certificate of naturalization ****
in the form C in the schedule to this Act, or to the like !
effect; and if the certificate has been presented to an autho- From an al-
rity or person, as prescribed by order or regulation of the thority duly
Governor in Council, the alien shall be entitled to receive, º.º.
from such authority or person, a certificate of naturalization, in Council.
authenticated as is prescribed by such order or regulation.
44 W., c. 13, s. 15.
14. The certificate granted to an alien who applies for If certificate of
naturalization on account of service under the Government maturalizatiºn
e - 1S OI) {l CCOlllºt,
of Canada or of any Province or of any two or more of such of service.
Governments, as hereinbefore provided, shall be filed of re-
cord in the office of the Secretary of State of Canada; and
thereupon the Governor in Council may authorize the issue
of a certificate of maturalization to such alien, in the form D
in the schedule to this Act. 44 W., c. 13, s. 16.
19% 1539
6
Chap. 113. The Naturalization Act. - 49 WICT.
Rights of
alien so natti-
ralized.
Exception
when he is
within the
state of which
he was a
subject.
Certificate of
naturaliza-
tion where
nationality is
doubtful.
Effect thereof.
As to aliens
naturalized
before 4th
July, 1883.
As to British
subject by
birth who has
become an
alien.
Certificate of
re-admission
within Ca-
nada.
Rights of
statutory
alien re-ad-
mitted within
Canada.
15. An alien to whom a certificate of naturalization is
granted shall, within Canada, be entitled to all political and
other rights, powers and privileges, and be subject to all obli-
gations, to which a natural-born British subject is entitled
or subject within Canada, with this qualification, tha the
shall not, when within the limits of the foreign state of which
he was a subject previously to obtaining his certificate of
naturalization, be deemed to be a British subject, unless he
has ceased to be a subject of that state in pursuance of the
laws thereof, or in pursuance of a treaty or convention to that
effect. 44 W., c. 13, s. 17.
16. A special certificate of naturalization may, in manner
aforesaid, be granted to any person with respect to whose
nationality, as a British subject, a doubt exists; and such cer-
tificate may specify that the grant thereof is made for the
purpose of quieting doubts as to the right of such person to
be deemed a British subject ; and the grant of such special
certificate shall not be deemed to be any admission that the
person to whom it was granted was not previously a British
subject; and such special certificate may be in the form E
in the schedule to this Act, or to the like effect. 44 W., c. 13,
S. 18.
17. An alien naturalized previously to the fourth day of
July, one thousand eight hundred and eighty-three, may
apply for a certificate of naturalization under this Act, and
such certificate may be granted to such naturalized alien upon
the same terms and subject to the same conditions upon which
such certificate might have been granted if such alien had
not been previously naturalized. 44 W., c. 13, s. 19.
18. A statutory alien may, upon the same terms and sub-
ject to the same conditions as are required in the case of an
alien applying for a certificate of naturalization, apply to the
proper court or authority or person in that behalf for a certi-
ficate, hereinafter referred to as a “certificate of re-admission
to British nationality,” re-admitting him to the status of a
British subject within Canada; and such certificate may be
in the form Fin the schedule to this Act, or to the like effect.
44 W., c. 13, s. 20.
19. A statutory alien, to whom a certificate of re-admis-
sion to British nationality within Canada has been granted,
shall, from the date of the certificate of re-admission, but
mot in respect of any previous transaction, resume his posi-
tion as a British subject within Canada—with this qualifica-
tion, that within the limits of the foreign state of which he
became a subject, he shall not be deemed to be a British
subject within Canada, unless he has ceased to be a subject
of that foreign state according to the laws thereof, or in pursu-
ance of a treaty or convention to that effect. 44 W., c. 13, s. 23.
1540
1886. The Naturalization Act. Chap. 113. 7
29. When any foreign state has, before or after the fourth Provision in
day of July, one thousand eight hundred and eighty-three, :::::::::::::
entered into a convention with Her Majesty to the effect that H M. with a
the subjects of that state who have been naturalized as British **
subjects may divest themselves of their status as subjects of
such foreign state, and when such convention, or the laws of
such foreign state, require a residence in Canada of more than
three years or a service under the Government of Canada, or
of any of the Provinces of Canada, or of two or more of such
Governments, of more than three years, as a condition prece-
dent to such subjects divesting themselves of their status as
such foreign subjects—an alien, being a subject of such foreign How alien
state, who desires to divest himself of his status as such sub- . of
s º .. e & º * * * * * . . t . Such State
ject, may, if at the time of taking the oath of residence or ser- may obtain
vice, he has resided or served the length of time required by ºilº of
e º e maturaliza-
such convention, or by the laws of the foreign state, instead Îon.
of taking the oath showing three years' residence or service,
take an oath showing residence or service for the length of
time required by such convention, or by the laws of the
foreign state ; and the certificate of maturalization granted
to the alien under the foregoing provisions hereof shall state
the period of residence or service sworn to : -
2. Such certificate of naturalization shall likewise state the . º
period of residence or service sworn to ; and the statement in ..
such certificate of naturalization shall be sufficient evidence and its effect.
of such residence or service in all courts and places whatso-
ever. 44 W., c. 13, s. 24. -
21. An alien, who, either before or after the fourth day. As to aliens
- - $ - e ° in such case
of July, one thousand eight hundred and eighty-three has, ºf ºvention
whether under this Act or otherwise, become entitled to the who havº be;
e tº - - - - * * * º e ( - - - - - - , come entitled
privileges of British birth in Canada, and who is a subject of . pº
a foreign state with which a convention to the effect above ºf British
& - ** *... . e A ſ.-, -º birth in ,
mentioned has been entered into by Her Majesty, and who jº-
desires to divest himself of his status as such subject, and who
has resided or served the length of time required by such con-
vention or by the laws of the foreign state, may take the oath
of residence or service showing residence or service for the
kength of time required by such convention or by the laws of
the foreign state, and apply for a certificate, or a second certi-
ficate, as the case may be, of naturalization under this Act.
44 W., c. 13, s. 25.
STATUS OF MARRIED WOMEN AND INFANT CHILDREN.
22. A married woman shall, within Canada, be deemed Married
to be a subject of the state of which her husband is, for the "“
time being, a subject. 44 W., c. 13, s. 26.
23. A widow, who is a natural-born British subject, and Wºº.
e o - 8, Ejl'lúl -
who has become an alien by or in consequence of her mar-jū,
riage, shall be deemed to be a statutory alien, and may, as who has be-,






















194% 1541
S
Chap. 113. The Naturalization Act 49 VICT.
come an alien
by marriage.
Children of
3ritish sub-
jects who
have become
aliens.
Children of
aliens Who
have been re-
admitted to .
British
nationality.
If the
parents have
obtained cer-
tificates of
naturaliza-
tion.
Act mot to
affect ac-
quired rights
of married
WOln € 1.l.
Regulations
aS to—
Declarations.
Certificates.of
naturaliza-
tion—
And of
re-admission.
Alienage.
Transmission
( f certain
documents
for purposes
of this Act.
perty to which she became entitled before the fourth day o
such, at any time during widowhood, obtain a certificate of
re-admission to British nationality, within Canada, as here-
inbefore provided. 44 V., c. 13, s. 27.
24. If the father, being a British subject, or the mother,
being a British subject and a widow, becomes an alien in
pursuance of this Act, every child of such father or mother
who, during infancy, has become resident in the country
where the father or mother is naturalized and has, according
to the laws of such country, become naturalized therein, shall,
within Canada, be deemed to be a subject of the state of
which the father or mother has become a subject, and not a
British subject. 44 W., c. 13, s. 28. -
25. If the father, or the mother being a widow, has obtained
a certificate of re-admission to British nationality within
Canada, every child of such father or mother who, during
infancy, has become resident within Canada with such father
or mother, shall be deemed to have resumed the position of
a British subject within Canada, to all intents. 44 V., c. 13,
S. 29. -
26. If the father, or the mother being a widow, has obtained
a certificate of naturalization within Canada, every child of
such father or mother who, during infancy, has become resi-
dent with such father or mother within Canada, shall, within
Canada, be deemed to be a naturalized British subject. 44 W.,
c. 13, s. 30.
27. Nothing in this Act contained shall deprive any mar-
ried woman of any estate or interest in real or personal pro
July, one thousand eight hundred and eighty-three, or affect
such estate or interest to her prejudice. 44 W., c. 13, s. 31.
REGUIATIONS.
28. The Governor in Council may, from time to tim
make regulations respecting the following matters:–
(a) The form and registration of declarations of Britis
nationality; - -
(b) The form and registration of certificates of naturaliz:
tion in Canada;
(c) The form and registration of certificates of re-admi
sion to British nationality within Canada;
(d) The form and registration of declarations of alienag
(e.) The transmission to Canada, for the purpose of registr
tion or safe keeping, or of being produced as evidence of a
declarations or certificates made in pursuance of this Act, o
of Canada, or of any copies of such declarations or certi
cates; also, of copies of entries contained in any register k
out of Canada in pursuance of or for the purpose of carryi
the provisions of this Act into effect ; º




















1542
1886. The Naturalization Act. Chap. 113. - 9
|
(f) With the consent of the Treasury Board, the imposition Fees on regis-
and application of fees in respect of any registration author-" “
ized by this Act to be made, and in respect of the making of
any declaration or the granting of any certificate authorized
by this Act to be made or granted by this Act;
(g) The persons by whom the oaths may be administered Oaths.
under this Act ; t
(h.) Whether or not such oaths are to be subscribed as well Subscription.
as taken, and the form in which such taking and subscrip-
tion are to be attested ; -
(i.) The registration of such oaths; - Registration.
(j.) The persons by whom certified copies of such oaths Copies.
may be given ; - - -
(k.) The transmission to Canada, for the purpose of registra- º
tion or safekeeping, or of being produced as evidence, of any yº,” Q. In
oaths taken in pursuance of this Act out of Canada, or of any Canada.
copies of such oaths ; also, of copies of entries of such oaths
contained in any register kept out of Canada, in pursuance
of this Act ; -
(1.) The proof, in any legal proceeding, of such oaths ; Proof.
(m) With the consent of the Treasury Board, the imposition Fees.
and application of fees in respect of the administration or
registration of any such oath. 44 W., c. 13, s. 32, part.
29. Amy regulationi made by the Governor in Council Presumptiºn
under this Act shall be deemed to be within the powers ..."
conferred by this Act, and shall be of the same force as if it
had been enacted here. 44 W., c. 13, s. 32, part. .
EVIDENCE.
30. Amy declaration authorized to be made under this Act ..."
may be proved in any legal proceeding, by the production of ""
the original declaration, or of any copy thereof certified to be
a true copy by the clerk or acting clerk of the Queen's Privy
Council for Canada, or by any person authorized by regula-
tion of the Governor in Council to give certified copies of
such declaration ; and the production of such declaration or
copy shall be evidence of the person therein named as dec-
larant having made the same at the date in the said declara-
tion mentioned. 44 W., c. 13, s. 33. -
31. A certificate of maturalization, or of re-admission to ... “ .
British nationality, may be proved in any legal proceeding
y the production of the original certificate, or of any copy
thereof certified to be a true copy by the clerk or acting
clerk of the Queen's Privy Council for Canada, or by any
erson authorized by regulation of the Governor in Council
o give certified copies of such certificate; and the statement
»f the period of residence or service in a certificate of natural-
zation shall be sufficient evidence of such residence or Ser-
ice in all courts and places whatsoever, 44. W., c. 13, s. 34.
*

1543 -
1() Chap. 118. The Naturalization Act. 49 WICT,
Proof of 32. Entries in any register authorized to be made in pur-
... suance of this Act may be proved by such copies and certified
to in such manner as is directed by regulation of the Governor
in Council, by the clerk or acting clerk of the Queen's Privy
Council for Canada, or by the Secretary of State; and the
copies of such entries shall be evidence of any matters by this
Act or by any regulation of the Governor in Council author-
ized to be inserted in the register. 44 W., c. 13, s. 35.
Regislatiº 33. A copy of any certificate of naturalization may be re-
of certificate - e º G • a scºw; c.
... ."...is gistered in the land registry office of any county or district
try office. or registration division within Canada, and a copy of such
registry, certified by the registrar or other proper person in
that behalf, shall be sufficient evidence of the naturalization
of the person mentioned therein, in all courts and places
whatsoever. 44 W., c. 13, s. 21.
GłENERAL PROVISIONS.
Commission: 34. The Governor in Council may, from time to time, ap-
ers for admin- º - - - -* ----- º
istering point commissioners to take and administer oaths under this
oaths. Act. 44 W., c. 13, s. 44.
As to acts $5. If any British subject has, in pursuance of this Act,
- ºfore º -
... become an alien, he shall not thereby be discharged from
tion. any liability in respect of any acts done before the date of
his so becoming an alien. 44 W., c. 13, s. 37.
Fee on issue 36. The clerk of the court by which the certificate of mat-
of certificate º e e - * º ** "... • tº
... uralization is issued shall, for all services and filings in con-
nection with such certificate, be entitled to receive, from the
person naturalized, the sum of twenty-five cents, and no
more ; and no further or other fee shall be payable for or in
respect of such certificate :
And to re- 2. The registrar shall, for recording a certificate of natural-
gistrar for : --- 1: - - & ... -- - g
jin, it ization, be entitled to receive from the person producing the
same for registry, the sum of fifty cents, and a further sum
of twenty-five cents for every search and certified copy of
the same, and no more. 44 V., c. 13, s. 22.
*in 37. Every person who, being by birth an alien, had, on
j" or before the fourth day of July, one thousand eight hundred
ganāda bº. and eighty-three, become entitled to the privileges of British
fore 4th July, bir • * *- :- no " t -->4 * *
1883. irth, within any part of Canada, by virtue of any general or
special Act of naturalization in force in such part of Canada,
shall hereafter be entitled to all the privileges by this Act
conferred on persons naturalized under this Act. 44 W., c. 13,
S. 38.
Act not to . Nothino i ; c. & º • * *
*...*.*.* 8s. Nothing in this Act contained shall repeal or in any
tº. 5 Geo. manner affect the Act of the Legislature of Upper Canada,
3, c. 9. passed in the fifty-fourth year of the reign of His late Majesty





















1544
I886. The Waturalization Act. Chap. 113. 11
King George the Third, intituled “An Act to declare certain
persons therein described Aliens, and to ves! their estates in His
Majesty,” or the Act of the legislature of the late Province of 24 y., (Can.)
Canada, passed in the twenty-fourth year of Her Majesty's & 44.
reign, chaptered forty-four and intituled “An Act respect-
tng forfeited estates in Upper Canada,” or any proceedings had
under the said Acts. 44 W., c. 13, s. 39.
$9. Nothing in this Act contained shall repeal or in any Nor certain
manner affect the Act of the legislature of the late Province Acts of Pro-
of Canada, passed in the session held in the fourth and fifth 8.
years of Her Majesty's reign, chaptered seven, intituled “An 4-5 v, c. 7.
Act to secure to and confer upon certain inhabitants of this Pro-
vince, the civil and political rights of natural-born British sub-
jects,” or the first, second or third sections of the Act of the 12 V., c. 197,
said legislature, passed in the twelfth year of Her Majesty's sº * * *
reign, chapter one hundred and ninety-seven, intituled “An
Act to repeal a certain Act therein mentioned and to make better
provision for the naturalization of Aliens,” or impair or affect Not the rights
the naturalization of any person naturalized under the said ...i.ad
Acts, or either of them, or any rights acquired by such person under them.
or by any other person by virtue of such naturalization, all
which shall remain valid and be possessed and enjoyed by
such persons respectively. 44 W., c. 13, S. 40.
40. Every person who, being by birth an alien, did, prior As to persons
to the first day of January, one thousand eight hundred and ...”
sixty-eight, take the oaths of residence and allegiance re- before Janu-
quired by the laws respecting naturalization then in force ...; law.
in that one of the Provinces now forming the Dominion of of any Pro-
Canada, in which he then resided, shall, within Canada, be ...;
g wº e tº anada.
admitted to all the rights and privileges of a natural-born
British subject conferred upon naturalized persons by this
Act ; and the certificate of the judge, magistrate, or other
person before whom such oaths were taken and subscribed,
shall be evidence of his having taken them ; or he may take
and subscribe the oath in the form G in the schedule to this
Act before some judge, justice, or person authorized to ad-
minister the oaths of residence and allegiance under this
Act, in the county or district in which he resides. 44 W.,
c. 13, S. 41.
41. All aliens who had their settled place of abode in either Aliens who
of the late Provinces of Upper Canada or Lower Canada, or ; ;..."
Canada, or in Nova Scotia or New Brunswick, on or before certain Pro-
the first day of July, one thousand eight hundred and sixty- ...”
seven, or in Rupert's Land or the North-West Territories on or days, to be
before the fifteenth day of July, one thousand eight hundred #.
{º * * * tº jects on tak-
and seventy, or in British Columbia on or before the twen-ing oaths of
tieth day of July, one thousand eight hundred and seventy- .
one, or in Prince Edward Island on or before the first day of “”
July, one thousand eight hundred and seventy-three, and
1545 :
Chap. 113. The Naturalization Act. 49 WICT.
Where the
oaths required
ghall be filed
of record.
Effect of
filing; fee for
certificate,
and its effect.
Naturaliza-
tion to be
hunder this
Act only.
Punishment
for false
swearing or
affirming.
Proviso :
certain rights
saved.
who are still residents in Canada, shall be deemed, adjudged,
and taken to be, and to have been entitled to all the privi-
leges of British birth within Canada as if they had been
natural-born subjects of Her Majesty; but no such person,
being a male, shall be entitled to the benefit of this Act,
unless he takes the oaths of allegiance in the form A, and of .
residence in the form H, in the schedule to this Act, before
some justice of the peace or other person authorized to ad-
minister oaths under this Act. 44 W., c. 13, S. 42.
42. The oaths taken under the next preceding section shall
be filed of record, as follows: If the person making them
resides in the Province of Ontario, with the clerk of the peace
of the county in which he resides; if he resides in the Pro-
vince of Quebec,+with the clerk of the circuit court of the
circuit within which he resides; if he resides in Nova Scotia,
—with the prothomotary of the Supreme Court; and if he re-
sides in New Brunswick,--with the clerk of the Supreme
Court; if he resides in British Columbia, with the clerk of
the Supreme Court of British Columbia; if he resides in
Prince Edward Island,-with the clerk of the Supreme Court
of Judicature; if he resides in Manitoba, with the clerk of
the court of Queen's Bench, or with the clerk of the county
court of the county in which he resides; if he resides in the
North-West Territories or in the District of Keewatin, with
such person or authority as is prescribed by order or regula-
tion of the Governor in Council: - -
2. Upon the oath being so filed, the person making it shall
be entitled to the benefit of this Act and of the privileges of
British birth within Canada, and shall also, upon payment
of a fee of twenty-five cents, be entitled to a certificate from
the person with whom the oaths have been filed, in the form
I in the schedule to this Act, or to the like effect; and the
production of such certificate shall be primá facie evidence of
his maturalization under this Act, and that he is entitled to
and enjoys all the rights and privileges of a British subject.
44 W., c. 13, s. 43.
43. No alien shall be naturalized within Canada, except
under the provisions of this Act. 44 W., c. 13, s. 46.
PENALTY FOR FALSE SWEARING.
44. Every person who wilfully swears falsely, or makes
any false affirmation under this Act, shall, on conviction
thereof, in addition to any other punishment authorized by
law, forfeit all the privileges or advantages which he would
otherwise, by making such oath or affirmation, have been
entitled to under this. Act; but the rights of other persons,
in respect of any property or estate derived from or held
under him, shall not thereby be prejudiced, unless such per-
sons were cognizant of the false swearing or the making of
a false affirmation at the time the title by which they claim
to hold under him was created. 44 W., c. 13, S. 45, part.
* 1546. -
1886. - The Naturalization Act. Chap. 118. 1:
SCHEDUILE.
A.
Oath of Residence.
I, A. B., do swear (or, being a person allowed by law to
affirm in judicial cases, do affirm) that, in the period of
years preceding this date...I have resided three (or five, as the
case may be) years in the Dominion of Canada with intent to
settle therein, without having been, during such three years
(or five years, as the case may be) a stated resident in any
foreign country, So help me God.
Sworn before me at -
* on the s - - A. B.
day of
THE NATURALIZATION ACT.
Oath of Service.
I, A. B., do swear (or, being a person allowed by law to
affirm in judicial cases, do affirm) that, in the period of -
years preceding this date, I have been in the service of the
Government of Canada (or of the Government of the Pro-
vince of , in Canada, or, as the case may be) for the
term of three years, and I intend, when naturalized, to reside
in Canada (or to serve under the Government of
as the case may be).
Sworn before me at
on the - A. B.
day of
THE NATURALIZATION ACT.
Oath of Allegiance.
I, A. B., do sincerely promise and swear (or, being a person
allowed by law to affirm in judicial cases, do affirm) that I
will be faithful and bear true allegiance to Her Majesty
Queen Victoria (or reigning soverign for the time being) as
lawful Sovereign of the United Kingdom of Great Britain and
Ireland, and of the Dominion of Canada, dependent on and
belonging to the said Kingdom, and that I will defend Her
to the utmost of my power against all traitorous conspiracies
or attempts whatsoever which shall be made against Her
Person, Crown and Dignity, and that I will do my utmost
endeavor to disclose and make known to Her Majesty, Her
Heirs or Successors, all treasons 154
; traitorous conspiracies and
14
Chap. 113. The Naturalization Acf. - 49 WICT.
day of
attempts which I shall know to be against Her or any of
them; and all this I do swear (or affirm) without any equivo-
cation, mental evasion or secret reservation. So help me God.
Sworn before me at
this A. B.
B.
THE NATURALIZATION ACT.
Certificate.
I, C. D. (name and description of the person before whom the
oaths have been taken), do certify that A. B., an alien, on the
day of , subscribed and took, before me,
the oaths (or affirmations) of residence, and allegiance (or
service and allegiance, as the case may be), authorized by the
eighth section of “The Naturalization Act,” and therein
swore (or affirmed) to a residence in Canada (or service, &c.),
of years; that I have reason to believe, and do believe,
that the said A. B., within the period of years pre-
ceding the said day, has been a resident within Canada for
(three or five, as the case may be) years (or has been in the
service of the Government of Canada for three years; or as
the case may be), that the said A. B. is a person of good
character, and that there exists, to my knowledge, no reason
why the said A. B. should not be granted all the rights and
capacities of a natural-born British subject.
Dated at , the day of
C.D.
If the above certificate is applied for by a person, with respect
to whose nationality a doubt eacists, and who desires a special
certificate of naturalization under section sixteen, add the follow-
2ng – -
“I further certify that the said A. B. has doubts as to his
nationality as a British subject, and desires a special certifi-
cate of naturalization under section sixteen of said Act.” -
If the above certificate is applied for by a person previously
a natural-born British subject, but who became an alien by
'naturalization, an appropriate statement to that effect should be
£nserted in the certificate.
1548
1886. The Naturalization Act. Chap. 118,
15
C.
THE NATURALIZATION ACT.
Certificate of Naturalization. *
Dominion of Canada,
Province of
In the (name of Court):
Whereas, A. B., of, &c. (describing him as formerly of such
a place, in such a foreign country, and now of such a place in
Canada, and adding his occupation or addition), has complied
with the several requirements of “The Naturalization Act,”
and has duly resided in Canada for the period of (three or
five, as the case may be) years. And whereas the certificate
granted to the said A. B., under the tenth section of the said
Act, has been duly read in open court, and thereupon, by
order of the said court, has been filed of record in the same,
pursuant to the said Act (T). This is, therefore, to certify to
all whom it may concern, that under and by virtue of the
said Act, A. B. has become naturalized as a British subject
($) and is, within Canada, entitled to all political and other
rights, powers and privileges, and is subject to all obligations
to which a natural-born British subject is entitled or subject
within Canada, with this qualification, that he shall not,
when within the limits of the foreign state of which he was
a subject (or citizen), previous to the date hereof, be deemed
to be a British subject, unless he has ceased to be a subject
(or citizen) of that state, in pursuance of the laws thereof or
in pursuance of a treaty or convention to that effect.
Given under the seal of the said court, this
day of , one thousand eight hundred and
E. F.
Judge, Clerk (or other proper
! officer of the Court.)
This form may be altered so as to apply to the North-West
Territories or District of Keewatin.
*-*.
D.
THE NATURALIZATION ACT.
Certificate of Naturalization to a person after service under
Government.
Whereas A. B., of (describing him, and adding his occupa-
tion or addition), has complied with the several requirements
of “The Naturalization Act,” and has been in the service
of the Government of Canada (or as the case may be) for a
- 1549
- 16
Chap. 11 3. The Naturalization Act. 49 Vict.
term of not less than three years, and intends, when natur-
| alized, to reside in Canada (or, to serve under the Govern-
ment of , as the case may be); and whereas the certi-
ficate granted to the said A. B., under the tenth section of the
said Act, has been duly filed of record in the office of Her
Mäjesty’s Secretary of State of Canada, pursuant to the said
Act; and whereas the Governor in Council has duly author-
ized the issue of this certificate of naturalization : This is,
therefore, to certify to all whom it may concern that under
and by virtue of the said Act, the said A. B. has become
naturalized as a British subject and is, within Canada, en-
titled to all political and other rights, powers and privileges,
and is subject to all obligations to which a natural-born
British subject is entitled or subject within Canada, with this
qualification, that he shall not, when within the limits of
the foreign state of which he was a subject (or citizen) pre-
vious to the date hereof, be deemed to be a British subject
unless he has ceased to be a subject (or citizen) of that state
in pursuance of the laws thereof, or in pursuance of a treaty
or convention to that effect.
Given under my hand, this day of
Secretary of State of Canada.
E.
THE NATURALIZATION ACT.
Special Certificate of Naturalization to a person with respect
to whose Nationality a doubt eacists.
Follow form C down to the sign T-then add :
And whereas the said A. B. alleges that he is a person
with respect to whose nationality as a British subject a doubt
exists, and this certificate is issued for the purpose of quiet-
ing such doubts, and the application of the said A. B. there-
for and the issuing thereof shall not be deemed to be any
admission that the said A. B. was not heretofore a British
subject—(then continue the rest of form C to the end).
Form D to be altered in a similar way when necessary.
F.
THE NATURALIZATION ACT.
Certificate of re-admission to British Nationality.
Formal part, as in form C.
Whereas A. B., of (describing him, as in form C), who alleges
that he was a natural-born British subject, and that he
became an alien by being naturalized as a subject (or citizen)
º 1550 . -
1886. The Naturalization Act. Chap. 113. 17
of has complied with the several requirements of .
“The Naluralization Act,” and has duly resided in Canada
for the period of three (or five, as the case may be) years; and
whereas the certificate granted to the said A. B., under the
tenth section of the said Act, has been duly read in open
court, and thereupon, by order of the said court, has been
filed of record in the same, pursuant to the said Act: This
is, therefore, to certify to all whom it may concern that, under
and by virtue of the said Act, the said A. B., from the date of
this certificate, but not in respect of any previous transaction,
is re-admitted to the status of a British subject—(then follow
form C from the sign ś to the end). *,
Form D to be altered in a similar way when necessary.
Where the applicant is a widow, the form shall be modified
accordingly and recite that she became an alien by marriage
with her late husband, L. M., a subject (or citizen) of
f - G.
THE NATURALIZATION ACT.
I, A. B., of , do swear (or affirm) that on or about the
day of , one thousand eight hundred and
, at , in the (county, or as the case may be),
of , in the Province of , I did take and sub-
scribe before (a judge, magistrate or o!her person, namng him)
the oaths (or affirmations) of residence and allegiance required
by the laws respecting the naturalization of aliens then in
force in the said Province. So help me God.
A. B.
Sworn to before me at , on l
the day of , 18 . )
H.
THE NATURALIZATION ACT.
I, A. B., of , do swear (or affirm) that I had a
settled place of abode in (Upper Canada, Lower Canada,
Nova Scotia or New Brunswick, as the case may be), on the
first day of July, A.D. 1867 (or in Rupert's Land or the North-
West Territories, on the fifteenth day of July, A.D. 1870), (or
in British Columbia, on the twentieth day of July, A.D. 1871),
(or in Prince Edward Island, on the first day of July, A.D.
1551
Chap. 118. The Naturalization Act. 49 Vict.
1873), and I resided therein with intent to settle therein;
and I have continuously since resided in the Dominion of
Canada. So help me God. - -
A. B.
Sworn before me at - , Oll
the day of 18
I.
- THE NATURALIZATION ACT.
I hereby certify that A. B., of , has filed with
me as (clerk of the peace, , or as the case may be)
the oath (or affirmation) of which the following is a copy:—
(Copy the Oath or Affirmation.)
This certificateis issued pursuant to the forty-second section
of “The Naturalization Act,” and is to certify to all to whom
it may concern that
(Follow Form C.)
44 W., c. 13, sch.
OTTAWA : Printed by BRow.N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
CHAPTER II4.
An Act respecting inquiries concerning Public Matters. A.D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. Whenever the Governor in Council deems it expedient Governor in
to cause inquiry to be made into and concerning any matter .
zonnected with the good government of Canada, or the con- missioners
duct of any part of the public business thereof, and such .
inquiry is not regulated by any special law, the Governor as to .#
in Council may, by the commission in the case, confer upon º,
the commissioners or persons by whom such inquiry is to Hºi. OLM
be conducted, the power of summoning before them any oath, *6.
witnesses, and of requiring them to give evidence on oath,
orally or in writing, or on Solemn affirmation if they are
persons entitled to affirm in civil matters, and to produce
such documents and things as such commissioners deem
requisite to the full investigation of the matters into which
they are appointed to examine. 38 W., c. 38, s. 1, part.
2. Such commissioner or commissioners shall have the Power to com-
same power to enforce the attendance of such witnesses, and missioners to
to compel them to give evidence, as is vested in any court ::::::
of record in civil cases; but no such witness shall be com-nesses.
pelled to answer any question, by his answer to which he Proviso.
might render himself liable to a criminal prosecution. 31 W.,
e. 38, s. 1, part.
*
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -

CEIAPTER II5.
An Act respecting the making of certain investigations A.D. 1886.
under oath.
|HER Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts
as follows:–
1. The Minister presiding over any department of the civil Commissioner
service of Canada, may appoint at any time, under the #: º
authority of the Governor in Council, a commissioner or com-make investi-
missioners, to investigate and report upon the state and man- *
agement of the business, or any part of the business, of such
department, either in the inside or outside service thereof,
and the conduct of any person in such service, so far as the
same relates to his official duties. 43 W., c. 12, s. 1, part.
2. Such commissioner or commissioners may, for the pur-Powers of
poses of the investigation, enter into and remain within any ...”
public office or institution,-and shall have access to every
part thereof—and may examine all papers, documents,
vouchers, records and books of every kind belonging thereto,
and may summon before him or them any person and
require him to give evidence on oath, orally or in writing, or
on solemn affirmation, if he is entitled to affirm in civil
matters; and any such commissioner may administer such
oath or affirmation. 43 W., c. 12, s. 1, part.
3. Any such commissioner or commissioners may, under May issue
his or their hand or hands, issue a subpoena or other request."
or summons, requiring and commanding any person therein
mamed to appear at the time and placementioned therein, and
then and there to testify to all matters within his knowledge,
relative to the subject matter of such investigation, and to
bring with him and produce any document, book, or paper,
which he has in his possession, or under his control, relative
to any such matter as aforesaid; and any such person may
be summoned from any part of Canada by virtue of such
subpoena, request or summons:
2. Reasonable travelling expenses shall be paid to any per- Expenses.
son so summoned at the time of service of the subpoena, request
or summons. 43 W., c. 12, s. 2.
4. If, by reason of the distance at which any person, whose Evidence may
evidence is desired, resides from the place where his atten- be taken by

20% 1555 - CODO DO ISSIOIl.
2
Chap. 115. Investigations under Oath. 49 WICT.
Power for
that purpose.
Penalty on
witnesses
failing to
attend, &c.
dance is required, or for any other cause, the commissioner
or commissioners deem it advisable, he or they may issue a
commission or other authority to any officer or person therein
named, empowering him to take such evidence and report
the same to him or them ; and such officer or person, being
first sworn before some justice of the peace faithfully to ex-
ecute the duty intrusted to him by such commission, shall,
with regard to such evidence, have the same powers as the
commissioner or commissioners would have had if such evi-
dence had been taken before him or them, and may, in like
manner, under his hand issue a subpoena or other request or
summons for the purpose of compelling the attendance of any
person, or the production of any document, book or paper.
43 W., c. 12, s. 3.
5. Every person who, being required to attend in the man-
ner hereinbefore provided, fails, without valid excuse, to
attend accordingly,–or being commanded to produce any
document, book or paper, in his possession or under his con-
trol, fails to produce the same, or who refuses to be sworn or
to affirm, as the case may be, or to answer any proper ques-
tion put to him by a commissioner, or other person as afore-
said, shall, on summary conviction before any police or sti-
pendiary magistrate or judge of a superior or county court
having jurisdiction in the county or district in which such
person resides, or in which the place is at which he was
so required to attend, beliable to a penalty not exceeding four
hundred dollars; and the judge of the superior or county
court aforesaid shall, for the purposes of this Act, be a justice
of the peace. 43 W., c. 12, ss. 4 and 5.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1556
**
CEIAPTER II6.
An Act to avoid the necessity of having Public Docu- A.D. 1886.
ments Engrossed on Parchment.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. No commission or other public document under the Public dºcu-
Great Seal of Canada, or under the Privy Seal of the Gover- tººd
nor General, or any letters patent of Canada, or any public not be on
writ, deed or other document thereof, or any portion of *
any such document, shall, unless any Act relating. thereto
expressly so provides, be required to be on parchment, but
the same being written or printed wholly or in part on
paper, shall be as valid in all respects as if written or
printed on parchment ; but nothing herein contained shall be
construed as declaring that it was necessary to the validity
of any such document heretofore signed, sealed or executed,
that such document or any part thereof should be on parch-
ment. 32–33 W., c. 15, s. 1.
OTTAYWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen’s Most
Excellent Majesty.


CEIAPTER 117.
An Act respecting defective Letters Patent and the dis- A.D. 1886.
charge of securities to the Crown.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- Whenever letters patent under the Great Seal of Can- Defective let-
ada, other than such as grant lands, or instruments, under º §
the Privy Seal of the Governor General or person adminis- . . .”
tering the Government of Canada, have been issued to or in .
the name of the wrong person, or contain any clerical error jº"...it
or misnomer or wrong description of any material fact stead.
therein, the Secretary of State, when authorized by the Gov-
ernor in Council, may direct the defective letters patent or
instruments to be cancelled, and a minute of such cancella-
tion to be entered in the margin of the registry of the orig-
inal letters patent or other instruments, and correct letters
patent under the Great Seal or instruments under Privy Their effect.
Seal, as aforesaid, to be issued in their stead, which said
new letters patent or instruments shall relate back to the
date of those so cancelled. 38 W., c. 13, s. 1.
2. Whenever the lien created by any mortgage or other How securi-
instrument on any real or personal property to Her Majesty ties to the
has been satisfied, the Governor in Council may declare that ºd.
the same has been satisfied and discharged; and a copy of to
the Order in Council, certified by the Clerk of the Queen's
Privy Council for Canada, shall operate as a release and
discharge of any claim of Her Majesty, her successors or
assigns, in respect of the same. 38 W., c. 13, s. 2.
OTTAWA : Printed by BRowN CHAMRERLIN, Law Printer to the Queen's Most
Excellent Majesty.

1559
CHAPTER II8.
An Act respecting Joint Stock Companies.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
A.D. 1886.
SHORT TITLE,
I. This Act may be cited as “The Companies Clauses Act.” Short title,
32-33 W., c. 12, s. 1. -
INTERPRETATION.
2. In this and the special Act, unless the context other- Interpreta-
wise requires,- * tion.
(a.) The expression “the special Act” means any Act in- “Special
corporating a company to which this Act applies, and with "*"
which this Act is incorporated, as hereinafter provided,—
and also all Acts amending such Act :
(b.) The expression “the company ” means the company “Company.”
incorporated under the special Act ;
(c.) The expression “the undertaking” means the whole “Undertak-
of the works and business of whatsoever kind, which the " "é"
company is authorized to undertake and carry on ;
(d.) The expression “real property" or “land ” includes Real proper-
messuages, lands, tenements and hereditaments of any ten-ºaº
ure, and all immovable property of any kind ;
(e.) The expression “shareholder” means every subscriber “Sharehold-
to or holder of stock in the company, and includes the per-" "
somal representatives of the shareholder. 32-33 W., c. 12, s. 2.
APPLICATION OF ACT.
3. This Act applies to every joint stock company incor- Application of
porated subsequent to the twenty-second day of June, one º'
thousand eight hundred and sixty-nine, by any special Act panies.
of the Parliament of Canada, for any of the purposes or
objects to which the legislative authority of the Parliament
of Canada extends, except companies for the construction
and working of railways, or the business of banking and the
issue of paper money, or insurance,—and, so far as it is
applicable to the undertaking, and is not expressly varied
or excepted by the special Act, is incorporated with it, and
forms part thereof, and shall be construed there with as form-
ing one Act. 32-33 W., c. 12, s. 3.


1561
*/
4)
Chap. 118. The Companies Clauses Act. 49 WICT.
How provis-
ions of this Act .
may be ex-
cepted from
incorporation
with the
special Act.
General cor-
porate powers
of companies.
Powers to be
subject to this
Act, unless
excepted.
Directors.
Provisional
directors.
Qualification
of directors
subsequently
appointed.
Election of
directors;
term of office.
4. Any of the provisions of this Act may be excepted from
incorporation with the special Act; and for that purpose it
shall be sufficient to provide in the special Act that the
sections or sub-sections of this Act which it is proposed so to
except, referring to them by the numbers they bear, shall not
be incorporated with the special Act, and the special Act
shall be construed accordingly. 32-33 W., c. 12, s. 4.
(+ENERAL POWERS.
5. Every company incorporated under any special Act,
shall be a body corporate under the name declared in the
special Act, and may acquire, hold, alienate and convey any
real property necessary or requisite for the carrying on of the
undertaking of such company, and shall be invested with
all the powers, privileges and immunities 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.”
32-33 W., c. 12, s. 5.
6- All powers given by the special Act to the company
shall be exercised, subject to the provisions and restrictions
contained in this Act, except such as are by the special Act
expressly excepted from incorporation with it. 32-33 W.,
c. 12, s. 6.
DIRECTORs—THEIR DUTIES AND POWERs.
7. The affairs of the company shall be managed by a
board of not more than nine and not less than three direc-
tors. 32-33 W., c. 12, s. 7.
S. The persons named as such, in the special Act, shall be
the first or provisional directors of the company, and shall
remain in office until replaced by directors duly elected in
their stead. 32-33 W., c. 12, s. 8.
9. No person shall be elected as a director unless he is a
shareholder, owning stock absolutely in his own right, and
not in arrear in respect of any call thereon; and the majority
of the directors of the company so chosen shall, at all times,
be persons resident in Canada, and subjects of Her Majesty,
by birth or naturalization. 32-33 W., c. 12, s. 9.
10. The directors of the company shall be elected by the
shareholders, in general meeting of the company assembled,
at such times, in such manner, and for such term, not exceed-
ing two years, as the special Act, or in default thereof, as
the by-laws of the company prescribe. 32-33 W., c. 12, s. 10.
General pro-
VISIOIAS.
II. In the absence of other provisions in that behalf, in
the special Act or the by-laws of the company,
1562
1886. The Companies Clauses Act. Chap. 118. 3
(a) The election of directors shall take place yearly, and . “
all the directors then in office shall retire, but if otherwise"
qualified they shall be eligible for re-election ;
(b.) Notice of the time and place for holding general meet ºf
ings of the company shall be given at least ten days pre- ãºs.
viously thereto, in some newspaper published at the place
in which the head office or chief place of business of the
Company is situated, or if there is no newspaper there pub-
lished, then in the newspaper published nearest thereto ;
(c.) At all general meetings of the company, every share- Votes.
holder shall be entitled to as many votes as he owns shares
in the company, and may vote by proxy:
(d.) Elections of directors shall be by ballot; Rallot.
(e.) Vacancies occurring in the board of directors may be Vacancies.
filled for the remainder of the term, by the directors from
among the qualified shareholders of the company :
(f) The directors shall, from time to time, elect from ºn and
among themselves a president of the company; and shall “"“”
also appoint, and may remove at pleasure, all other officers
thereof. 32-33 W., c. 12, s. 11.
12. If at any time, an election of directors is not made or ..."
does not take effect at the proper time, the company shall . how
not be held to be thereby dissolved ; but such election may remedied.
take place at any general meeting of the company, duly
called for that purpose ; and the retiring directors shall con-
tinue in office until their successors are elected. 32-33 W.,
c. 12, s. 12.
13. The directors of the company may, in all things, Powers of
administer the affairs of the company, and may make or *
cause to be made for the company, any description of con-
tract which the company may, by law, enter into ; and may,
from time to time, make by-laws not contrary to law or to By-laws.
the special Act or to this Act, for the following purposes:—
(a.) The regulating of the allotment of stock, the making of Stock.
calls thereon, the payment thereof, the issue and registration
of certificates of stock, the forfeiture of stock for non-payment,
the disposal of forfeited stock and of the proceeds thereof,
and the transfer of stock ;
(b.) The declaration and payment of dividends ; Dividends.
(c.) The number of the directors, their term of service, the Directors.
amount of their stock qualification and their remuneration,
if any ;
tº the appointment, functions, duties and removal of all Officers.
agents, officers and servants of the company, the security to
be given by them to the company and their remuneration;
(e.) The time and place for the holding of the annual Meetings.
meeting of the company, the calling of meetings, regular
and special, of the board of directors and of the company,
the quorum at meetings of the directors and of the company,
1563
Chap. 118. The Companies Clauses Act. 49 WICT.
Fines.
General busi-
110 SS.
Altering by-
laws.
Proviso: as to
confirmation
of by-laws.
Evidence of
by-laws.
Stock to be
personal
eState.
Allotment of
stock.
Instalments
thereon : how
called in, &c.
Calls on
stock.
Payment of
calls; enforce-
ment of, by
action,
the requirements as to proxies, and the procedure in all
things at such meetings;
(f) The imposition and recovery of all penalties and for-
feitures admitting of regulation by by-law ; -
(g.) The conduct, in all other particulars, of the affairs of
the company : -
2. The directors may, from time to time, repeal, amend or
re-enact the same ; but every such by-law and every repeal,
amendment or re-enactment thereof, unless it is in the mean-
time confirmed at a general meeting of the company, duly
called for that purpose, shall only have force until the next
annual meeting of the company, and in default of confirma-
tion thereat shall, at and from that time only, cease to have
force. 32-33 W., c. 12, s. 13, part.
14. A copy of any by-law of the company, under its seal,
and purporting to be signed by any officer of the company,
shall be received as primá facie evidence of such by-law in
all courts in Canada. 32-33 W., c. 12, s. 14.
CAPITAL STOCK AND CATITIS THEREON.
15. The stock of the company shall be personal estate,
and shall be transferable in such manner only, and subject
to such conditions and restrictions as are prescribed by this
Act, or by the special Act or the by-laws of the company.
32-33 W., c. 12, s. 15.
16. If the special Act makes no other definite provision,
the stock of the company shall be allotted at such times and
in such manner as the directors, by by-law or otherwise,
prescribe. 32-33 W., c. 12, s. 16.
17. The directors of the company may call in and de-
mand from the shareholders thereof respectively, all sums
of money by them subscribed, at such times and places and
in Such payments or instalments as the special Act or this
Act requires or allows; and interest shall accrue and fall due,
at the rate of six per centum per annum, upon the amount
of any unpaid call, from the day appointed for payment of
such call. 32-33 W., c. 12, s. 17.
i8. At least ten per centum upon the allotted stock of
the company shall, by means of one or more calls, be called
in and made payable within one year from the incorporation
of the company; and for every year thereafter, at least a
further ten per centum thereof shall, in like manner, be called
in and made payable, until the whole has been so called in.
32-33 W., c. 12, s. 18.
19. The company may enforce payment of all calls and
interest thereon, by action in any court of competent juris-
diction ; and in such action it shall not be necessary to set
1564
1886. The Companies clauses Act. Chap. 118.
5
forth the special matter, but it shall be sufficient to declare
that the defendant is a holder of one share or more, stating
the number of shares, and is indebted to the company 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 of calls and the amount of each call, whereby
an action has accrued to the company under this Act; and a
certificate under the seal of the company, and purporting to
be signed by any officer of the company, to the effect that
the defendant is a shareholder, that such call or calls has or
have been made, and that so much is due by him and unpaid
thereon, shall be received in all courts as primá facie evidence
thereof. 32-33 W., c. 12, s. 19.
20. If after such demand or notice as by the special Act ºf
or the by-laws of the company is prescribed, any call made jº
upon any share or shares is not paid within such time as by
such special Act or by-laws is limited in that behalf, the
directors, in their discretion, by resolution to that effect, recit-
ing the facts and duly recorded in their minutes, may sum-
marily declare forfeited any shares whereon such payment
is not made ; and such shares shall thereupon become the
property of the company, and may be disposed of as the
directors by by-law or otherwise prescribe. 32-33 W., c. 12,
s. 20.
21. No share shall be transferable, until all previous calls Fº 8,S
thereon have been fully paid, or until it is declared for- “"“”
feited for non-payment of a call or calls thereon. 32-33 W.,
c. 12, s. 21.
22. No shareholder who is in arrear in respect of any ºlders
º ] I’I’Call'S
call shall vote at any meeting of the company. 32-33 W., jie.
c. 12, s. 22.
ROOKS OF THE COMPANY.
23. The company shall cause a book or books to be kept jº."
by the secretary, or by some other officer especially charged ..."
with that duty, wherein shall be kept recorded,—
(a.) The names, alphabetically arranged, of all persons Who Names ºf
are or have been shareholders; shareholders.
(b.) The address and calling of every such person, while Addresses.
such shareholder ;
(c.) The number of shares of stock held by each share- Number of
holder ; ... shares.
(d.) The amounts paid in, and remaining unpaid, respec- Amounts paid
tively, on the stock of each shareholder ; and unpaid.
(e.) All transfers of stock, in their order as presented to the Transfers.
company for entry, with the date and other particulars of
each transfer, and the date of the entry thereof; and,-
(f) The names, addresses and calling of all persons who Names.º
are or have been directors of the company, with the several of directors.
1565
Chap. 118. The Companies Clauses Act. 49 WICT.
Powers and
liability of
directors as
regards trans-
fers in certain
Cà.S.C.S.
Transfers
valid only
after entry.
Stock books
to be open for
inspection.
Books to be
primâ facie
evidence.
Penalty for
false entries.
dates at which each became or ceased to be such director.
32-33 W., c. 12, s. 23.
24. The directors may allow or refuse to allow the entry
in any such book, of any transfer of stock whereof the whole
amount has not been paid; and whenever entry is made in
such book, of any transfer of stock not fully paid up, to a per-
son who is not apparently of sufficient means, the directors
shall be jointly and severally liable to the creditors of the
company, in the same manner and to the same extent as the
transferring shareholder, except for such entry, would have
been liable; but if any director present when such entry is
allowed does forthwith, or if any director, then absent, does,
within twenty-four hours after he becomes aware thereof
and is able so to do, enter on the minute book of the board of
directors, his protest against such transfer, and within eight
days thereafter publishes such protest in at least one news-
paper published at the place in which the head office or
chief place of business of the company is situated, or if there
is no newspaper there published, then in the newspaper
published nearest thereto, such director may thereby, and
not otherwise, exonerate himself from such liability. 32-33 W.,
c. 12, s. 24.
25. No transfer of stock, unless made by sale under execu-
tion or under the decree, order or judgment of a court of
competent jurisdiction, shall be valid for any purpose what-
soever until entry thereof has been duly made in such book
or books, except for the purpose of exhibiting the rights of
the parties thereto towards each other, and of rendering the
transferee liable, in the meantime, jointly and severally with
the transferrer, to the company and its creditors. 32-33 W.,
c. 12, s. 25.
26. Such books shall, during reasonable business hours
of every day, except Sundays and holidays, be kept open for
the inspection of shareholders and creditors of the company,
and their personal representatives, at the head office or chief
place of business of the company ; and every shareholder,
creditor or personal representative may make extracts there-
from. 32-33 W., c. 12, s. 26.
27. Such books shall be priná facie evidence of all facts
purporting to be therein stated, in any suit or proceeding
against the company or against any shareholder. 32-33 W.,
c. 12, s. 27.
28. Every director, officer or servant of the company who
knowingly makes or assists in making any untrue entry in
any such book, or who refuses or wilfully neglects to make
any proper entry therein, or to exhibit the same, or to allow
the same to be inspected and extracts to be taken therefrom,
1566
1886. The Companies Clauses Act. Chap. 118. 7
is guilty of a misdemeanor, and liable to imprisonment for
any term not exceeding two years. 32-33 W., c. 12, s. 28.
29. Every company which neglects to keep such book or Penalty for
books open for inspection as aforesaid, shall forfeit its corpo- 'º.
º keep books
rate rights. 32-33 W., c. 12, s. 29. º
SHAREHOIDERS.
30. Every shareholder shall, until the whole amount of Liability of
his stock has been paid up, be individually liable to the *
creditors of the company, to an amount equal to that not
paid up thereon ; but shall not be liable to an action therefor
by any creditor, until an execution against the company
at the suit of such creditor has been returned unsátisfied in
whole or in part ; and the amount due on such execution
shall be the amount recoverable, with costs, from such share-
holder. 32-33 W., c. 12, s. 33.
31. The shareholders of the company shall not, as such, Limited to
be held responsible for any act, default or liability whatso-º.""
ever, of the company or for any engagement, claim, pay-
ment, loss, injury, transaction, matter or thing whatsoever,
relating to or connected with the company, beyond the
amount of their respective shares in the capital stock thereof.
32-33 W., c. 12, s. 34.
32. No person holding stock in the company as an exe- Trustees, &c.,
cutor, administrator, tutor, curator, guardian or trustee, shall flººrsonally
be personally subject to liability as a shareholder; but the
estate and funds in the hands of such person shall be liable
in like manner and to the same extent, as the testator or
intestate or the minor, ward or interdicted person or the
person interested in such trust fund would be, if living and
competent to act and holding such stock in his own name;
and no person holding such stock as collateral security,
shall be personally subject to such liability, but the person
pledging such stock shall be considered as holding the same,
and shall be liable as a shareholder accordingly. 32-33 W.,
c. 12, s. 35. -
33. Every such executor, administrator, tutor, curator, Trustees, &c.,
guardian or trustee shall represent the stock in his posses- .
sion at all meetings of the company, and may vote as a
shareholder; and every person who pledges his stock may,
notwithstanding such pledge, represent the said stock at all
such meetings, and vote as a shareholder. 32-33 W., c. 12,
s. 36.
34. Shareholders who hold one fourth part in value of the Special meet-
subscribed stock of the company may, at any time, call a ..."'"
special meeting thereof, for the transaction of any business
specified in the written requisition and notice made and
given for the purpose. 32-33 W., c. 12, s. 13, part.
1567
Chap. 118. The Companies Clauses Act. 49 WICT.
Contracts,
&c., when
binding on
company.
Non-liability
of servants.
Proviso: as to
bank notes.
Company not
liable in
respect of
trusts, &c.
Liability of
º
eclaring any
dividend
when the
company is
insolvent.
How it may
be avoided.
LIABILITY OF THE COMPANY.
35. Every contract, agreement, engagement or bargain
made, and every bill of exchange drawn, accepted or in-
dorsed, and every promissory note and cheque made, drawn
or indorsed on behalf of the company, by any agent, officer
or servant of the company, in general accordance with his
powers as such under the by-laws of the company, shall be
binding upon the company; and in no case shall it be neces-
sary to have the seal of the company affixed to any such
contract, agreement, engagement, bargain, bill of exchange,
promissory note or cheque, or to prove that the same was
made, drawn, accepted or indorsed, as the case may be, in
pursuance of any by-law, or special vote or order ; and the
person, so acting as agent, officer or servant of the company,
shall not be thereby subjected individually to any liability
whatsoever to any third person therefor: Provided always,
that nothing in this Act shall be construed to authorize the
company to issue any note payable to the bearer thereof, or
any promissory note intended to be circulated as money, or
as the note of a bank, or to engage in the business of bank-
ing or insurance. 32-33 W., c. 12, s. 31.
36. The company shall not be bound to see to the exe-
cution of any trust, whether express, implied or construct-
ive, in respect of any share; and the receipt of the share-
holder in whose name the same stands in the books of the
company, shall be a valid and binding discharge to the
company for any dividend or money payable in respect of
such share, and whether or not notice of such trust has been
given to the company ; and the company shall not be bound
to see to the application of the money paid upon such receipt.
32-33 W., c. 12, s. 30.
LIABILITY OF DIRECTORS.
37. If the directors of the company declare and pay any
dividend when the company is insolvent, or any dividend,
the payment of which renders the company insolvent, or
diminishes the capital stock thereof, they shall be jointly
and severally liable, as well to the company as to the indi-
vidual shareholders and creditors thereof, for all the debts
of the company then existing, and for all thereafter con-
tracted during their continuance in office respectively; but
if any director present when such dividend is declared does
forthwith, or if any director then absent does, within twenty-
four hours after he becomes aware thereof and is able so to
do, enter on the minutes of the board of directors his protest
against the same, and within eight days thereafter publishes
such protest in at least one newspaper published at the
place in which the head office or chief place of business of
the company is situated, or if there is no newspaper there
published, then in the newspaper published nearest thereto,
1568
1886. The Companies Clauses Act. Chap. 118.
such director may thereby, and not otherwise, exonerate
himself from such liability. 32-33 W., c. 12, s. 37.
38. No loan shall be made by the company to any share-
holder ; if such loan is made, all directors and other officers
of the company who make the same, or assent thereto, shall
be jointly and severally liable to the company for the amount
of such loan,—and also to third persons to the extent of such
loan, with lawful interest, for all debts of the company con-
tracted from the time of the making of such loan to that of
the repayment thereof. 32-33 W., c. 12, s. 38.
$9. The directors of the company shall be jointly and
severally liable upon every written contract or undertaking
of the company, on the face whereof the word “limited'’
or the words “limited liability’ are not distinctly written
or printed after the name of the company, where it first
occurs in such contract or undertaking. 32-33 W., c. 12, s. 39.
49. The directors of the company shall be jointly and
severally liable to the laborers, servants and apprentices
thereof, for all debts, not exceeding One year's wages, due
for service performed for the company whilst they are such
directors respectively ; but no director shall be liable to an
action therefor, unless the company is sued therefor within
one year after the debt became due, nor unless such director
is sued therefor within one year from the time when he
ceased to be such director, nor unless an execution against
the company at the suit of such laborer, servant or appren-
tice is returned unsatisfied in whole or in part ; and the
amount unsatisfied on such execution shall be the amount
recoverable with costs from the directors. 32-33 W., c. 12,
s. 40.
GENERAL PROVISIONS.
4H. No company shall use any of its funds in the pur-
chase of stock in any other corporation, unless in so far as
such purchase is specially authorized by the special Act, and
also by the Act creating such other corporation. 32-33 W.,
c. 12, s. 32.
42. Service of any process or notice upon the company
may be made by leaving a copy thereof at the head office or
chief place of business of the company, with any adult person
in charge thereof, or elsewhere with the president or secretary
thereof; or if the company has no known office or chief place
of business, and has no known president or secretary, the
court may order such publication as it deems requisite to be
made in the premises, for at least one month, in at least one
newspaper; and such publication shall be held to be due
service upon the company. 32-33 W., c. 12, s. 41.
No loans by
company to
shareholders.
Directors
liable.
Contracts
must be SO
made as to
show limited
liability.
Liability of
directors for
Wages, &c.
Proviso.
Company not
to purchase
stock in other
corporations.
Service of
process on
company.
1569
10 Chap. 118. The Companies Clauses Act. 49 WICT.
: COMO- 48. Any description of action may be prosecuted and
ºld maintained between the company and any shareholder there-
shareholders of; and no shareholder, who is not himself a party to such
suit, shall be incompetent as a witness therein. 32-33 W.,
c. 12, S. 42, .
Winding up 44. The company shall be subject to the provisions of
*** any general Act for the winding up of joint stock companies.
32-33 W., c. 12, s. 44.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
157()
CEIAPTER 119.
An Act respecting the incorporation of Joint Stock A. D. 1886.
Companies by Letters Patent.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—- -
SHORT TITI, E.
1. This Act may be cited as “The Companies Act.” 40 W., Short title.
c. 43, s. 1.
INTERPRETATION.
2. In this Act, and in all letters patent and supplement- Interpreta-
ary letters patent issued under it, unless the context other- *.
wise requires,- -
(a.) The expression “the company ” means the company “Company.”
incorporated by letters patent under this Act ;
(b.) The expression “the undertaking” means the business “Undertak-
of every kind which the company is authorized to carry on ; " "3"
(c.) The expression “loan company ” means a company & Loan
incorporated for any of the purposes to which the powers of “company.”
loan companies extend, as hereinafter provided;
(d.) The expression “real estate” or “land,” includes mes- Real,
suages, lands, tenements and hereditaments of any tenure, ...,
and all immovable property of any kind;
(e.) The expression “shareholder” means every subscriber “Share-
to or holder of stock in the company, and includes the per- “”
sonal representatives of the shareholder ;
(f) The expression “manager” includes the cashier and “Manager.”
secretary. 40 W., c. 43, s. 2.
5 *
LETTERS PATENT.
3. The Governor in Council may, by letters patent under Companies
the Great Seal, grant a charter to any number of persons, *::::::::
Inot less than five, who petition therefor, constituting such may be incor-
persons, and others who thereafter become shareholders in Fº by
* - * * etters patent
the company thereby created, a body corporate and politic,
for any of the purposes or objects to which the legislative
authority of the Parliament of Canada extends, except the Exception.
construction and working of railways, or the business of
banking and the issue of paper money, or the business of
insurance. 40 W., c. 43, s. 3.

21% 1571
2
Chap. 119. The Companies Act. 49 WICT.
Notice to be
given, and
what it shall
contain.
Name.
Purposes.
Chief place of
business.
Capital.
Shares.
Names, &c.,
of applicants.
Petition for
letters patent.
What it shall
contain.
A certain
amount of
stock must be
taken.
And a certain
amount paid
up thereon.
Disposal of
amount paid
l]).
Certain pro-
visions may
be inserted in
letters patent.
4. The applicants for such letters patent shall give at
least one month's previous notice, in the Canada Gazette, of
their intention to apply for the same, stating therein,_
(a.) The proposed corporate name of the company, which
shall not be that of any other known company, incorporated
or unincorporated, or any name liable to be confounded there-
with, or otherwise, on public grounds, objectionable ;
(b.) The purposes for which its incorporation is sought ;
(c.) The place within Canada which is to be its chief place
of business;
(d.) The proposed amount of its capital stock—which, in
the case of a loan company, shall not be less than one hun-
dred thousand dollars; -
(e.) The number of shares and the amount of each share;
(f) The names in full and the address and calling of each
of the applicants, with special mention of the names of not
more than fifteen and not less than three of their number,
who are to be the first or provisional directors of the com-
pany, and the majority of whom shall be residents of Canada.
40 W., c. 43, s. 4.
5. At any time, not more than one month after the last
publication of such notice, the applicants may petition the
Governor in Council, through the Secretary of State, for the
issue of such letters patent :
2. Such petition shall state the facts set forth in the notice,
the amount of stock taken by each applicant, the amount
paid in upon the stock of each applicant, and the manner in
which the same has been paid in, and is held for the com-
pally :
3. The aggregate of the stock so taken shall be at least
the One half of the total amount of the proposed capital stock
of the company :
4. The aggregate so paid in thereon shall, if the company
is not a loan company, be at least ten per cent. of the stock
so taken ; if the company is a loan company the aggregate
so paid in of the stock so taken shall be at least ten per cent.
thereof, and shall not be less than one hundred thousand
dollars:
5. Such aggregate shall be paid in to the credit of the
company, or of trustees therefor, and shall be standing at
Such credit in some chartered bank or banks in Canada,
unless the object of the company is one requiring that it
should own real estate—in which case any portion not exceed-
ing one half of such aggregate may be taken as paid in, if it
is bond ſide invested in real estate suitable to such object,
which is duly held by trustees for the company, and is of
the required value, over and above all incumbrances thereon :
6. The petition may ask for the embodying in the letters
patent of any provision which, under this Act, might be
made by by-law of the company; and such provision so
embodied shall not, unless provision to the contrary is made
1572
1886. The Companies Act. Chap. 119. 3
in the letters patent, be subject to repeal or alteration by
by-law. 40 W., c. 43, s. 5.
6. Before the letters patent are issued, the applicants shall Preliminary
establish, to the satisfaction of the Secretary of State, or of ...”
such other officer as is charged by the Governor in Counci e
to report thereon, the sufficiency of their notice and petition,
and the truth and sufficiency of the facts therein set forth,
and that the proposed name is not the name of any other
known incorporated or unincorporated company and for Proof of facts
that purpose, the Secretary of State, or such other officer, *
shall take and keep of record any requisite evidence in writ-
ing, by oath or affirmation or by solemn declaration. 40 W.,
c. 48, s. 6.
7. The letters patent shall recite such of the established º: tº be
averments of the notice and petition as to the Governor in ...ent.
Council seems expedient. 40 W., c. 43, s. 7.
S. The Governor in Council may give to the company a Governor
corporate name, different from that proposed by the appli- ...or-
cants in their published notice, if the proposed name is objec-porate name.
tionable. 40 W., c. 43, s. 8.
9. Notice of the granting of the letters patent shall be Notice of issu-
forthwith given by the Secretary of State, in the Canada º
Gazette, in the form A in the schedule to this Act; and
thereupon, from the date of the letters patent, the persons
therein named, and their successors, shall be a body corporate
and politic, by the name mentioned therein; and a copy of
every such notice shall forthwith be, by the company to
which such notice relates, inserted on four separate occasions
in at least one newspaper in the county, city or place where
the head office or chief agency is established. 40 W., c. 43,
ss. 9 and 106.
SUPPLEMENTARY LETTERS PATENT.
Change of name.
16. If it is made to appear, to the satisfaction of the Gov- Governor.
ernor in Council, that the name of any company (whether ..".
given by the original or by supplementary letters patent, or plementary
on amalgamation) incorporated under this Act, is the same *
as the name of an existing incorporated or unincorporated
company, or so similar thereto as to be liable to be con-
founded there with, the Governor in Council may direct the
issue of supplementary letters patent, reciting the former
letters and changing the name of the company to some other
name which shall be set forth in the supplementary letters
patent. 40 W., c. 43, s. 11.
213% 1573
4 Chap. 119, The Companies Act. 49 WICT.
Company. #1. When a company incorporated under this Act is
º desirous of adopting another name, the Governor in Council,
Ylä, Ill (2. upon being satisfied that the change desired is not for any
improper purpose, may direct the issue of supplementary
letters patent, reciting the former letters patent and changing
the name of the company to some other name, which shall be
set forth in the supplementary letters patent. 40 W., c. 43,
S. 12.
Ohange not to 12. No alteration of its name under the two sections next
affect rights te - - --- * tº ſº
...i.” preceding shall affect the rights or obligations of the com-
tions. pany; and all proceedings may be continued or commenced
by or against the company under its new name that might
have been continued or commenced by or against the com-
pany under its former name. 40 W., c. 43, s. 13.
Obtaining of further powers.
Company . 13. The company may, from time to time, by a resolu-
mayºuthºrize tion passed by the votes of shareholders representing at least
directors to e g º 35
apply for two-thirds in value of the subscribed stock of the company,
Sºon of at a special general meeting called for the purpose, authorize
powers. the directors to apply for supplementary letters patent ex-
tending the powers of the company to such other purposes
or objects, for which a company may be incorporated under
this Act, as are defined in the resolution. 40 W., c. 43, s. 14.
Application 14. The directors may, at any time within six months
** after the passing of any such resolution, petition the
Governor in Council, through the Secretary of State, for the
issue of such supplementary letters patent :
Nºtice of apº. 2. The applicants for such supplementary letters patent
yºn ** shall give at least one month's notice in the Canada Gazette
of their intention to apply for the same, stating therein the
purposes or objects to which it is desired to extend the powers
of the company. 40 W., c. 43, s. 15.
;: A5. Before such supplementary letters patent are issued,
gº; § the applicants shall establish to the satisfaction of the Secre-
State. tary of State or of such other officer as is charged by the
Governor in Council to report thereon, the due passing of
the resolution authorizing the application and the sufficiency
of their notice and petition ; and for that purpose the Secre-
tary of State, or such other officer, shall take and keep of
record any requisite evidence in writing, by oath or affirma-
tion, or by solemn declaration. 40 W., c. 43, s. 16.
ºl- H6. Upon due proof so made, the Governor in Council
lºt may grant supplementary letters patent under the Great
Seal, extending the powers of the company to all or any of
the objects defined in the resolution ; and notice thereof
shall be forthwith given by the Secretary of State, in the
1574
1886. The Companies Act. Chap. 119. 5
Canada Gazette, in the form B in the schedule to this Act;
and thereupon, from the date of the supplementary letters Notice of issue
patent, the undertaking of the company shall extend to and thereof.
include the other purposes or objects set out in the supple-
mentary letters patent as fully as if such other purposes
or objects were mentioned in the original letters patent;
and a copy of every such notice shall forthwith be, by the
company to which the notice relates, inserted on four separate
occasions in at least one newspaper in the county, city or
place where the head office or chief agency is established.
40 W., c. 43, ss. 17 and 106,
Increase or reduction of capital, &c.
17. The directors of the company, other than a loan com- jºision Of
pany, may, at any time, make a by-law subdividing the *
existing shares into shares of a smaller amount. 40 W., c. 43,
s. 19.
18. The directors of the company may, at any time after Increase of
the whole capital stock of the company has been taken up *
and fifty per cent. thereon paid in, make a by-law for increas-
ing the capital stock of the company to any amount which
they consider requisite for the due carrying out of the
objects of the company :
2. Such by-law shall declare the number of the shares of flºº
the new stock, and may prescribe the manner in which "*
the same shall be allotted ; and in default of its so doing,
the control of such allotment shall vest absolutely in the
directors. 40 W., c. 43, s. 20. *
19. The directors of the company may, at any time, make Reduction
a by-law for reducing the capital stock of the company to ***
any amount which they consider advisable and sufficient
for the due carrying out of the undertaking of the company; ºs to
but the capital stock of a loan company shall never be reduced º
to less than one hundred thousand dollars: -
2. Such by-law shall declare the number and value of the #º.
shares of the stock as so reduced, and the allotment thereof,
or the manner in which the same shall be made :
3. The liability of shareholders to persons who were, at . .
the time of the reduction of the capital, creditors of the com- º no
pany, shall remain the same as if the capital had not been
reduced. 40 W., c. 43, ss. 21 and 22, part.
20. No by-law for increasing or reducing the capital tº a
stock of the company, or for subdividing the shares, shall by share-
have any force or effect whatsoever, until it is approved by . ãº,
the votes of shareholders representing at least two-thirds supplemen-
in value of all the subscribed stock of the company, at a ºters
special general meeting of the company duly called for "
considering the same, and afterwards confirmed by Supple-
mentary letters patent. 40 W., c. 43, s. 22, parl.
1575
6
Chap. 119. The Companies Act. 49 WICT.
Petition for
supplemen-
tary letters
patent to con-
firm by-law.
By-law, &c.,
to be pro-
duced with
petition.
Evidence may
be taken and
kept by Secre-
tary of State.
Granting of
supplemen-
tary letters
patent ;
—notice ;-
effect of such
letters patent.
Powers given
to be subject
to this Act.
General cor-
porate pow-
€I’S.
Proviso: as to
loan com-
panies.
21. At any time, not more than six months after such
sanction of such by-law, the directors may petition the Gov-
ernor in Council, through the Secretary of State, for the issue
of supplementary letters patent to confirm the same :
2. The directors shall, with such petition, produce a copy of
such by-law, under the seal of the company, and signed by
the president, vice-president or secretary, and establish to
the satisfaction of the Secretary of State, or of such other
officer as is charged by the Governor in Council to report
thereon, the due passage and approval of such by-law, and
the expediency and bond ſide character of the increase or
reduction of capital or subdivision of shares, as the case may
be, thereby provided for :
3. The Secretary of State or such officer shall, for that
purpose, take and keep of record any requisite evidence in
writing, by oath or affirmation or by solemn declaration, as
above mentioned. 40 W., c. 43, s. 23.
22. Upon due proof so made, the Governor in Council
may grant such supplementary letters patent under the
Great Seal; and notice thereof shall be forthwith given by
the Secretary of State in the Canada Gazette, in the form C,
in the schedule to this Act : and thereupon, from the date of
the supplementary letters patent, the capital stock of the
company shall be and remain increased or reduced, or the
shares shall be subdivided, as the case may be, to the amount,
in the manner and subject to the conditions set forth by
such by-law ; and the whole of the stock, as so increased or
reduced, shall become subject to the provisions of this Act,
in like manner, as far as possible, as if every part thereof had
been or formed part of the stock of the company originally
subscribed. 40 W., c. 43, s. 24.
POWERS OF THE COMPANY.
28. All powers given to the company by the letters patent
or supplementary letters patent shall be exercised, subject
to the provisions and restrictions contained in this Act. 40 W.,
C. 43, S. 25.
24- Every company incorporated under this Act may
acquire, hold, sell and convey any real estate requisite for the
Carrying on of the undertaking of such company, and shall
forthwith become and be invested with all property and
rights, real and personal, theretofore held by or for it under
any trust created with a view to its incorporation, and with
all the powers, privileges and immunities requisite or inci-
dental to the carrying on of its undertaking, as if it was incor-
porated by a special Act of Parliament, embodying the pro-
visions of this Act and of the letters patent: Provided always,
that the exercise by loan companies of the powers conferred
by this section shall be subject to the special provisions
respecting such companies hereinafter contained. 40 W.,
c. 43, s. 10.
1576
T886. The Companies Act. Chap. 119. 7
CAPITAL STOCK. -
25. The stock of the company shall be personal estate, Stock to be
and shall be transferable, in such manner, and subject to all ..."
such conditions and restrictions as are prescribed by this
Act or by the letters patent or by by-laws of the company.
40 W., c. 43, s. 34.
** If the letters patent, or the supplementary letters Allotment of
patent, make no other definite provision, the stock of the stock.
company, or any increased amount thereof, so far as it is
mot allotted thereby, shall be allotted at such times and in
such manner as the directors prescribe by by-law. 40 W.,
c. 43, s. 35.
*7. Every share in the company shall, subject to the Shares to be
provisions of sub-section five of section five of this Act, be §: *
deemed to have been issued and to be held subject to the certain ex-
payment of the whole amount thereof in cash, unless the *P*
same has been otherwise agreed upon or determined by a
contract duly made in writing and filed with the Secretary
of State at or before the issue of such shares. 40 W., c. 43,
s. 83.
DIRECTORS.
28. The affairs of the company shall be managed by a Board of
board of not more than fifteen and not less than three direc- *
tors. 40 W., c. 43, s. 26.
29. The persons named as such, in the letters patent, ..ºnal
shall be the directors of the company, until replaced by # * * *e, s
others duly appointed in their stead. 40 W., c. 43, s. 27.
39. No person shall be elected or appointed as a director Qualifications
thereafter unless he is a shareholder, owning stock abso- ...”
lutely in his own right, and to the amount required by the
by-laws of the company, and not in arrear in respect of any
call thereon ; and at all times the majority of the directors Residence.
of the company shall be persons resident in Canada. 40W.,
c. 43, s. 28. -
31- The company may, by by-law, increase to not more By-law for
than fifteen, or decrease to not less than three, the number ...;
of its directors, or may change the company’s chief place number of
of business in Canada; but no by-law for either of the said "“”
purposes shall be valid or acted upon unless it is approved
by a vote of at least two thirds in value of the stock repre-
sented by the shareholders present at a special general meet-
ing duly called for considering the by-law ; nor until a copy
of such by-law, certified under the seal of the company, has
been deposited with the Secretary of State, and has also been
published in the Canada gº When to be
valid.
1577
40 W., c. 43, s. 18.
8
Chap. 119, The Companies Act. 49 WICT.
, Election of
directors.
Mode and
times of elec-
tion.
Yearly.
Notice.
Wotes.
Proxies.
All calls must
have been
paid.
Majority to
decide.
Casting vote.
Ballot.
Wacancies,
how filled.
President,
vice-president
and officers.
Failure to
elect directors,
how remedied.
Powers and
duties of di-
rectors.
32. Directors of the company shall be elected by the
shareholders, in general meeting of the company assembled
at some place within Canada, at such times, in such manner
and for such term, not exceeding two years, as the letters.
patent, or, in default thereof, as the by-laws of the company
prescribe. 40 W., c. 43, s. 29.
33. In the absence of other provisions in such behalf, in
the letters patent or by-laws of the company, L
(a.) The election of directors shall take place yearly, and
all the directors then in office shall retire, but, if otherwise
qualified, they shall be eligible for re-election ;
(b.) Notice of the time and place for holding general
meetings of the company shall be given at least twenty-one
days previously thereto, in some newspaper published in
the place where the head office or chief place of business of
the company is situate, or if there is no such newspaper,
then in the place nearest thereto in which a newspaper is
published ;
(c.) At all general meetings of the company, every share-
holder skall be entitled to give one vote for each share then
held by him : such votes may be given in person or by proxy
—the holder of any such proxy being himself a shareholder ;
but no shareholder shall be entitled, either in person or by
proxy, to vote at any meeting unless he has paid all the
calls then payable upon all the shares held by him ; all
questions proposed for the consideration of the shareholders
shall be determined by the majority of votes—the chairman
presiding at such meeting having the casting vote in case
of an equality of votes;
(d.) Every election of directors shall be by ballot;
(e.) Vacancies occurring in the board of directors may be
filled, for the remainder of the term, by the directors from
among the qualified shareholders of the company;
(f) The directors shall, from time to time, elect from among
themselves a president and, if they see fit, a vice-president
of the company; and may also appoint all other officers
thereof, 40 W., c. 43, s. 30. -
34. If, at any time, an election of directors is not made,
or does not take effect at the proper time, the company shall
not be held to be thereby dissolved; but such election may
take place at any subsequent general meeting of the com-
pany duly called for that purpose; and the retiring directors
shall continue in office until their successors are elected.
40 W., c. 43, s. 31.
FOWERS OF DIRECTORS.
35. The directors of the company may administer the
affairs of the company in all things, and make or cause to
be made for the company, any description of contract which
1578
1886. The Companies Act. Chap. 119. 9.
the company may, by law, enter into ; and may, from time to
time, make by-laws not contrary to law, or to the letters
patent of the company, or to this Act, for the following pur-
poses : —
(a.) The regulating of the allotment of stock, the making of Stock.
calls thereon, the payment thereof, the issue and registration
of certificates of stock, the forfeiture of stock for non-payment,
the disposal of forfeited stock and of the proceeds thereof,
and the transfer of stock;
(b.) The declaration and payment of dividends; Dividends.
(c.) The number of the directors, their term of service, the Number, &c.,
amount of their stock qualification, and their remuneration, ""
if any ;
(d.) The appointment, functions, duties and removal of all Agents and
agents, officers and servants of the company, the security to *
be given by them to the company and their remuneration ;
(e.) The time and place for the holding of the annual meet- Meetings.
ings of the company, the calling of meetings, regular and
special, of the board of directors and of the company, the
quorum, the requirements as to proxies, and the procedure
in all things at such meetings;
(f) The imposition and recovery of all penalties and for- Penalties.
feitures which admit of regulation by by-law ;
(g.) The conduct, in all other particulars, of the affairs of General
the company : powers.
And the directors may, from time to time, repeal, amend or Confirmation
re-enact the same; but every such by-law, and every repeal, ****
amendment or re-enactment thereof, unless in the meantime
confirmed at a general meeting of the company, duly called
for that purpose, shall only have force until the next annual
meeting of the company, and in default of confirmation
thereat, shall, at and from that time only, cease to have
force :
2. No by-law for the issue, allotment or sale of any por- Confirmation
tion of the unissued stock at any greater discount or at any º."
less premium than that which has been previously author- below previous
ized at a general meeting, and no by-law for the remunera- * *
tion of the president or any director, shall be valid or acted
upon until the same has been confirmed at a general meeting.
40 W., c. 43, s. 32, part.
36. The directors may deduct from the dividends payable Debts to com-
to any shareholder all such sums of money as are due from ... *
him to the company, on account of calls or otherwise. 40 W., from divi-
c. 43, s. 59. dends.
* - bonds &c.
that purpose, passed and approved of by the votes of share- i. y
holders, representing at least two thirds in value of the sub-
scribed stock of the company represented at a special general
meeting duly called for considering the by-law, L
37. The directors may, when authorized by a by-law for º Of
Company.
1579
10
Chap. 119. , The Companies Act. 49 Vict.
Borrowing
powers.
Charging
property.
Limitation of
amount to be
borrowed.
Exception.
Calling in of
moneys un-
paid on
shares.
Interest on
calls overdue.
Payment in
advance on
shares.
Interest may
be allowed.
Forfeiture of
shares for
non-payment
of calls.
(a.) Borrow money upon the credit of the company and
issue bonds, debentures or other securities for any sums
borrowed, at such prices as are deemed necessary or expedi-
ent; but no such debentures shall be for a less sum than one
hundred dollars;
(b.) Hypothecate or pledge the real or personal property of
the company to secure any sums borrowed by the company;
But the amount borrowed shall not, at any time, be greater
than seventy-five per cent. of the actual paid-up stock of
the company ; but the limitation made by this section shall
not apply to commercial paper discounted by the company.
40 W., c. 43, s. 85.
--- CALIS.
38. The directors may, from time to time, make such
calls upon the shareholders in respect of all moneys unpaid
upon their respective shares, as they think fit, at such times
and places and in such payments or instalments as the
letters patent, or this Act, or the by-laws of the company
require or allow. 40 W., c. 43, s. 52.
39. A call shall be deemed to have been made at the time
when the resolution of the directors authorizing such call
was passed; and if a shareholder fails to pay any call due
by him, on or before the day appointed for the payment
thereof, he shall be liable to pay interest for the same, at the
rate of six per cent. per annum, from the day appointed for
payment to the time of actual payment thereof 40 W., c. 43,
S. 53.
40. The directors may, if they think fit, receive from
any shareholder willing to advance the same, all or any
part of the amounts due on the shares held by such share-
holder, beyond the sums then actually called for ; and upon
the moneys so paid in advance, or so much thereof as, from
time to time, exceeds the amount of the calls then made
upon the shares in respect of which such advance is made,
the company may pay interest at such rate, not exceeding
eight per cent. per annum, as the shareholder who pays such
sum in advance and the directors agree upon. 40 W., c. 43,
S. 54.
41. If, after such demand or notice as is prescribed by the
letters patent or by the by-laws of the company, any call
made upon any share is not paid within such time as, by such
letters patent or by the by-laws, is limited in that behalf,
the directors, in their discretion, by vote to that effect duly
recorded in their minutes, may summarily declare forfeited
any shares whereon such payment is not made ; and the
same shall thereupon become the property of the company
and may be disposed of as, by the by-laws of the company
1580
- 1886. The Companies Act. - Chap. 119. - 11
or otherwise, they prescribe; but, notwithstanding such Proviso:
forfeiture, the holder of such shares at the time of forfeiture ...
shall continue liable to the then creditors of the company for tinued.
the full amount unpaid on such shares at the time of forfeit-
ure, less any sums which are subsequently received by the
3ompany in respect thereof 40 W., c. 43, s. 55.
42. The directors may, if they see fit, instead of declaring Enforcement
forfeited any share or shares, enforce payment of all calls, º
and interest thereon, by action in any court of competent º'
jurisdiction; and in such action it shall not be necessary to
set forth the special matter, but it shall be sufficient to
declare that the defendant is a holder of one share or more, What only
stating the number of shares, and is indebted in the sum of i...".
money to which the calls in arrear amount, in respect of proved.
one call or more, upon one share or more, stating the number
of calls and the amount of each call, whereby an action has
accrued to the company under this Act; and a certificate Certificate to
under their seal, and purporting to be signed by any officer “”
of the company, to the effect that the defendant is a share-
holder, that such call or calls has or have been made, and
that so much is due by him and unpaid thereon, shall be
received in all courts as primá facie evidence thereof. 40 W.,
c. 43, s. 56. - -
IBOOKS OF THE COMPANY.
43. The company shall cause a book or books to be kept Book to be
by the secretary, or by some other officer specially charged ..."
with that duty, wherein shall be kept recorded,—
(a.) A copy of the letters patent incorporating the company, $º º º
and ºny supplementary letters patent, and of all by-laws jº.
thereof;
(b.) The names, alphabetically arranged, of all persons who Names of
are or have been shareholders; shareholders.
(c.) The address and calling of every such person, while Addresses.
such shareholder ;
(d.) The number of shares of stock held by each share- Nººr Of
holder; - SD 3, l'éS.
(e.) The amounts paid in and remaining unpaid, respect- º
tively, on the stock of each shareholder; pal(I, & C.
(f) The names, addresses and calling of all persons who ..". &c.,
are or have been directors of the company, with the several of directors.
dates at which each became or ceased to be such director :
2. A book called the register of transfers shall be pro-
vided, and in such book shall be entered the particulars of
every transfer of shares in the capital of the company. 40 W.,
c. 43, s. 36.
Books to be
44. Such books shall, during reasonable business hours open for in-
of every day, except Sundays and holidays, be kept open for spection and
the inspection of shareholders and creditors of the company, *i.e.
and their personal representatives, at the head office or chief from
Register of
transfers.
1581
Chap. 119. The Companies Act. 49 WICT.
Penalty for
false entries.
Forfeiture for
Ineglect.
Books to be
primâ facie
evidence.
Transfer of
shares valid
only after
entry.
Liabilities of
directors as
regards
transfers of
shares in cer-
tain cases.
How only a
director may
avoid lia-
bility.
place of business of the company ; and every such share-
holder, creditor or personal representative may make extracts
therefrom. 40 W., c. 43, s. 37.
45. Every director, officer or servant of the company, who
knowingly makes or assists in making any untrue entry in
any such book, or who refuses or wilfully neglects to make
any proper entry therein, or to exhibit the same, or to allow
the same to be inspected and extracts to be taken therefrom,
is guilty of a misdemeanor. 40 W., c. 43, S. 40.
46. Every company which neglects to keep such book or
books as aforesaid, shall forfeit its corporate rights. 40 W.
c. 43, s. 38. -
47. Such books shall be primá facie evidence of all facts
purporting to be thereby stated, in any action, suit or pro-
ceeding against the company or against any shareholder.
40 W., c. 43, s. 39.
TRANSFER, OF SHARES.
48. No transfer of shares, unless made by sale under exe-
cution, or under the decree, order or judgment of a court of
competent jurisdiction, shall be valid for any purpose what-
ever, until entry thereof is duly made in the register of
transfers, except for the purpose of exhibiting the rights of
the parties thereto towards each other, and of rendering the
transferee liable, in the meantime, jointly and severally, with
the transferrer, to the company and its creditors. 40 W.,
C.43, S. 41. -
49. No transfer of shares, whereof the whole amount has
not been paid in, shall be made without the consent of the
directors; and whenever any transfer of shares not fully paid
in has been made with such consent, to a person who is not
apparently of sufficient means to fully pay up such shares,
the directors shall be jointly and severally liable to the
creditors of the company, in the same manner and to the
same extent as the transferring shareholder, but for such
transfer, would have been ; but if any director present when
any such transfer is allowed does forthwith, or if any director
then absent does, within twenty-four hours after he becomes
aware thereof and is able so to do, enter on the minute book
of the board of directors his protest against the same, and
within eight days thereafter publishes such protest in at least
one newspaper published at the place in which the head
office or chief place of business of the company is situated,
or if there is no newspaper there published, then in the
newspaper published nearest thereto, such director may
thereby, and not otherwise, exonerate himself from such
liability. 40 W., c. 43, s. 42.
1582
1886. The Companies Act. Chap. 119. 13
50. Whenever the interest in any shares of the capital Provisiºn
- i.- ~.ſ." g e tº - when shares
stock of the company is transmitted by the death of any ºt.
shareholder or otherwise, or whenever the ownership of or ºdºherwise
legal right of possession in any shares changes by any law- ºnly trans-
ful means, other than by transfer according to the provis-
ions of this Act, and the directors of the company entertain
reasonable doubts as to the legality of any claim to such
shares, the company may make and file, in One of the Superior
courts in the Province in which the head office of the com-
pany is situated, a declaration and petition in writing, Order of court
addressed to the justices of the court, setting forth the facts ...”.”
and the number of shares previously belonging to the per- application.
son in whose llame such shares stand in the books of the
company, and praying for an Order or judgment adjudicat-
ing and awarding the said shares to the person or persons
legally entitled to the same, by which order or judgment
the company shall be guided and held fully harmless and
indemnified and released from every other claim to the said
shares or arising in respect thereof:
2. Notice of the intention to present such petition shall be N º :
given to the person claiming such shares, or to the attorney"
of such person duly authorized for the purpose, who shall,
upon the filing of such petition, establish his right to the
shares referred to in such petition ; and the time to plead
and all other proceedings in such cases shall be the same
as those observed in analogous cases before the said superior
courts: Provided always, that the costs and expenses of pro-Prºviso; as to
curing such order or judgment shall be paid by the person COStS.
or persons to whom such shares are declared lawfully to
belong; and that such shares shall not be transferred in the
books of the company until such costs and expenses are paid,
—saving the recourse of such person against any person
contesting his right to such shares. 40 W., c. 48, S. 43.
51. No share shall be transferable until all previous calls º as
thereon are fully paid in. 40 W., c. 48, S. 44. U U i &l Il y | U.P. e.
52. The directors may decline to register any transfer of As tº transfer
sh; belonging t shareholder who is indebted to th by debtor to
shares belonging to any Snarenolder Wno Is Indepted to the the company.
company. 40 W., c. 43, S. 45.
53. Any transfer of the shares or other interest of a Transfer by
deceased shareholder, made by his personal representative, łºś.
shall, notwithstanding such personal representative is not
himself a shareholder, be of the same validity as if he had been
a shareholder at the time of his execution of the instrument
of transfer. 40 W., c. 43, s. 46.
IIIABILITY OF SHAREHOLDER.S.
54. The shareholders of the company shall not, as such, Liability
be responsible for any act, default or liability of the com-º.'.
pany, or for any engagement, claim, payment, loss, injury, paid on stock.
1583
14
Chap. 119. The Companies Act. 49 WICT.
Liability of
shareholders.
When to
8. CCI’lle.
Trustees, &c.,
not personally
liable.
But entitled
to WOtø.
Liability of
directors de-
claring a divi-
dend when
company is
insolvent, &c.
How directors
In 8,
SUIC
avoid
liability.
transaction, matter or thing relating to or connected with
the company, beyond the amount unpaid on their respective
shares in the capital stock thereof, 40 W., c. 43, S. 48.
55. Every shareholder, until the whole amount of his
shares has been paid up, shall be individually liable to the
creditors of the company to an amount equal to that not
paid up thereon ; but he shall not be liable to an action
therefor by any creditor until an execution at the suit of such
creditor against the company has been returned unsatisfied
in whole or in part ; and the amount due on such execution,
not exceeding the amount unpaid on his shares, as aforesaid,
shall be the amount recoverable, with costs, from such share-
holder; and any amount so recoverable, if paid by the share-
holder, shall be considered as paid on his shares. 40 W.,
c. 43, s.47.
56. No person, holding stock in the company as an execu-
tor, administrator, tutor, curator, guardian or trustee, shall
be personally subject to liability as a shareholder; but the
estate and funds in the hands of such person shall be liable
in like manner, and to the same extent, as the testator or
intestate, or the minor, ward or interdicted person, or the
person interested in such trust fund would be, if living and
competent to act and holding such stock in his own name ;
and no person holding such stock as collateral security shall
be personally subject to such liability, but the person pledg-
ing such stock shall be considered as holding the same and
shall be liable as a shareholder accordingly. 40W., c. 43, s. 49.
57. Every such executor, administrator, curator, guardian
or trustee shall represent the stock held by him, at all
meetings of the company, and may vote as a shareholder;
and every person who pledges his stock may represent the
same at all such meetings and, notwithstanding such pledge,
vote as a shareholder. 40 W., c. 43, s. 50.
LIABILITY OF DIRECTORS AND OFFICERS.
58. If the directors of the company declare and pay any
dividend when the company is insolvent, or any dividend,
the payment of which renders the company insolvent, or
impairs the capital stock thereof, they shall be jointly and
severally liable, as well. to the company as to the individual
shareholders and creditors thereof, for all the debts of the
company then existing, and for all thereafter contracted
during their continuance in office, respectively; but if any
director present when such dividend is declared does forth-
with, or if any director then absent does, within twenty-four
hours after he becomes aware thereof and able so to do, enter
on the minutes of the board of directors his protest against
the same, and within eight days thereafter publishes such
1584
1886. The Companies Act. Chap. 119. 15
protest in at least one newspaper published at the place in
which the head office or chief place of business of the com-
pany is situated, or if there is no newspaper there published,
then in the newspaper published nearest thereto, such direc-
tor may thereby, and not otherwise, exonerate himself from
such liability. 40 W., c. 43, s. 67.
!
59. No loan shall be made by the company to any share- No loan by
holder; if such loan is made, all directors and other officers ...,
of the company making the same, or in anywise assenting except by loan
thereto, shall be jointly and severally liable for the amount ...;
of such loan, with interest, to the company, and also to the directors.
creditors of the company for all debts of the company then
existing, or contracted between the time of the making of
such loan and that of the repayment thereof; but the pro-
visions of this section shall not apply to loan companies.
40 W., c. 43, s. 68.
{59. The directors of the company shall be jointly and Liability of
severally liable to the clerks, laborers, servants and appren- jº for
tices thereof, for all debts not exceeding six months' wages
due for service performed for the company whilst they are
such directors respectively; but no director shall be liable Limitation of
to an action therefor, unless the company is sued therefor suits, &c.
within One year after the debt becomes due, nor unless such
director is sued therefor within one year from the time when
he ceased to be such director, nor unless an execution against
the company in respect of such debt is returned unsatisfied
in whole or in part ; and the amount unsatisfied on such
execution shall be the amount recoverable with costs from
the directors. 40 W., c. 43, s. 69.
DOMICILE–SERVICE OF PROCESS, ETC.
G#. The company shall, at all times, have an office in the ºl.
city or town in which its chief place of business is situate, ; ºny
which shall be the legal domicile of the company in Canada; in e.
and notice of the situation of such office and of any change
therein shall be published in the Canada Gazette ; and the
company may establish such other offices and agencies else-
where in Canada, as it deems expedient. 40 W., c. 43, s. 60.
$2. Any summons, notice, order or other process or docu- Service of pro-
ment required to be served upon the company, may be served º
by leaving the same at the said office in the city or town in ºp
which its chief place of business is situate, with any adult
erson in the employ of the company, or on the president or
º of the º or by łºś....; at the
domicile of either of them, or with any adult person of his
family or in his employ ; or if the company has no known
office or chief place of business, and has no known president
or secretary, the court may order such publication as it
1585
16
Chap. 119. The Companies Act. 49 WICT.
Use of com-
mon seal dis-
pensed with
in certain
C&SCS.
Service of
notices upon
members.
Service of
notice by
post.
Evidence of
by-laws.
Actions be-
W. G. Cll COll-
pany and
shareholders,
Mode of in-
corporation,
&c., how to
be set forth in
legal proceed-
ings.
Proof of in-
corporation.
deems requisite, to be made in the premises; and such publi-
cation shall be held to be due service upon the company.
40 W., c. 43, s. 61.
63. Any summons, notice, order or proceeding requiring
authentication by the company may be signed by any direct-
or, manager or other authorized officer of the company, and
need not be under the seal of the company. 40 W., c. 48, S.62.
64. Notices to be served by the company upon the share-
holders may be served either personally or by sending them
through the post, in registered letters, addressed to the share-
holders at their places of abode as they appear on the books
of the company. 40 W., c. 43, s. 63.
65. A notice or other document served by post by the
company on a shareholder, shall be held to be served at the
time when the registered letter containing it would be de-
livered in the ordinary course of post; and to prove the fact
and time of service it shall be sufficient to prove that such
letter was properly addressed and registered, and was put
into the post office, and the time when it was put in, and the
time requisite for its delivery in the ordinary course of post.
40 W., c. 43, s. 64.
$$. A copy of any by-law of the company, under its seal,
and purporting to be signed by any officer of the company,
shall be received as against any shareholder of the company
as primá facie evidence of such by-law in all courts in Canada.
40 W., c. 43, s. 33.
67. Any description of action may be prosecuted and main-
tained between the company and any shareholder thereof;
and no shareholder shall, by reason of being a shareholder,
be incompetent as a witness therein. 40 W., c. 43, s. 70.
$8. In any action or other legal proceeding, it shall not
be requisite to set forth the mode of incorporation of the
company, otherwise than by mention of it under its cor-
porate name, as incorporated by virtue of letters patent—or
of letters patent and supplementary letters patent, as the
case may be—under this Act; and the notice in the Canada
Gazette, of the issue of such letters patent or supplementary
letters patent, shall be primá facie proof of all things therein
contained; and on production of the letters patent or sup-
plementary letters patent, or of any exemplification or copy
thereof under the Great Seal, the fact of such notice shall be
presumed; and, except in any proceeding by scire facias or
otherwise for the purpose of rescinding or annulling the same,
the letters patent or supplementary letters patent, or any ex-
emplification or copy thereof under the Great Seal, shall be
conclusive proof of every matter and thing therein set forth.
40 W., c. 43, s. 71.
1586
I 886. The Companies Act. Chap. 119. 17
PROVISIONS AS TO ExISTING COMPANIES. *
69. Any company heretofore incorporated for any pur- Existing com-
pose or object for which letters patent may be issued under º
this Act, whether under a special or a general Act, and now #.
being a subsisting and yalid corporation, may apply for ſº tº
letters patent under this Act, and the Governor in Council, "
upon proof that notice of the application has been inserted
for four weeks in the Canada Gazette, may direct the issue
of letters patent incorporating the shareholders of the said
company as a company under this Act; and thereupon all Effect of
the rights or obligations of the former company shall be * *
transferred to the new company, and all proceedings may
be continued or commenced by or against the new company
that might have been continued or commenced by or against
the old company; and it shall not be necessary in any such
łetters patent to set out the names of the shareholders; and
after the issue of the letters patent the company shall be
governed in all respects by the provisions of this Act, except
that the liability of the shareholders to creditors of the old
company shall remain as at the time of the issue of the let-
ters patent. 40 W., c. 43, s. 80.
70. If a subsisting company applies for the issue of letters Subsisting
- - e e companies
patent under this Act, the Governor in Council may, by the ... for
letters patent, extend the powers of the company to such chärters, with
other objects for which letters patent may be issued under º
this Act as the applicant desires and as the Governor in Coun-
cil thinks fit to include in the letters patent, and which have
been mentioned in the notice of the application for the same,
in the Canada Gazette ; and the Governor in Council may, in
the said letters patent, name the first directors of the new
company ; and the letters patent may be issued to the new
company by the name of the old company or by another
name. 40 W., c. 43, s. 81.
71. All the provisions of this Act in relation to the obtain- ...,
ing of supplementary letters patent by companies incorpor-º"
ated hereunder shall, so far as applicable, apply and extend . patent
to applications for letters patent under the two sections next “ apply.
preceding. 40 W., c. 43, s. 82.
GENERAL PROVISIONS.
72. The company may have an agency or agencies in any #.";
* © & & e- S- * l sº
city or town in the United Kingdom. 40 W., c. 43, s. 86. j. g
73. No dividend shall be declared which will impair the Dividend not
, “ & z Q * to impair
capital of the company. 40 W., c. 43, s. 58. capital.
74. Shareholders who hold one fourth part in value of the º
subscribed stock of the company may, at any time, call a “"“”
special meeting thereof for the transaction of any business
22% 1587
18
Chap 119. The Companies Act. 49 WICT.
Acts of com-
pany’s attor-
ney valid.
Contracts,
&c., when to
be binding on
company.
No individual
liability.
Proviso : as to
bank notes.
Proof may be
by declara-
tion or affi-
davit.
Certain infor-
malities not
to invalidate
letters patent.
Word “limit-
ed '' to be in-
serted after
specified in such written requisition and motice as they
make and issue to that effect. 40 W., c. 43, s. 32, part.
75. Every deed which any person, lawfully empowered
in that behalf by the company as its attorney, signs on
behalf of the company, and seals with his seal, shall be
binding on the company and shall have the same effect as if
it was under the seal of the company. 40 W., c. 43, s. 65.
76. Every contract, agreement, engagement or bargain
made, and every bill of exchange drawn, accepted or in-
dorsed, and every promissory note and cheque made, drawn
or indorsed on behalf of the company, by any agent, officer
or servant of the company, in general accordance with his
powers as such under the by-laws of the company, shall be
binding upon the company; and in no case shall it be
necessary to have the seal of the company affixed to any such
contract, agreement, engagement, bargain, bill of exchange,
promissory note or cheque, or to prove that the same was
inade, drawn, accepted or indorsed, as the case may be, in
pursuance of any by-law or special vote or order; and the
person so acting as agent, officer or servant of the company
shall not be thereby subjected individually to any liability
whatsoever to any third person therefor: Provided always,
that nothing in this Act shall be construed to authorize the
company to issue any note payable to the bearer thereof, or
any promissory note intended to be circulated as money, or
as the note of a bank, or to engage in the business of bank-
ing or insurance. 40 W., c. 43, s. 66.
77. Proof of any matter which is necessary to be made
under this Act may be made by oath or affirmation, or by
solemn declaration, before any justice of the peace, or any
commissioner for taking affidavits, to be used in any of the
courts in any of the Provinces of Canada, or any notary
public, each of whom is hereby authorized and empowered to
administer oaths and receive affidavits and declarations for
that purpose. 40 W., c. 43, s. 76.
78. The provisions of this Act relating to matters prelim-
imary to the issue of the letters patent or supplementary
letters patent shall be deemed directory only, and no letters
patent or supplementary letters patent issued under this
Act shall be held void or voidable on account of any irregu-
larity in any notice prescribed by this Act, or on account of
the insufficiency or absence of any such notice, or on account
of any irregularity in respect of any other matter prelimi-
mary to the issue of the letters patent or supplementary
letters patent. 40 W., c. 43, s. 77.
79. The company shall keep painted or affixed, its name,
with the word “limited * after the name, on the outside of
1588
1886. . The Companies Act. + . Chap. 119. [{}
every office or place in which the business of the company ºf º-
is carried on, in a conspicuous position, in letters easily }. &
legible, and shall have its name, with the said word after
it, engraven in legible characters on its seal, and shall have
its name, with the said word after it, mentioned in legible
characters in all notices, advertisements and other official
publications of the company, and in all bills of exchange,
promissory notes, indorsements, cheques, and orders for
money or goods, purporting to be signed by or on behalf of
such company, and in all bills of parcels, invoices and
receipts of the company :
2. Every company which does not keep painted or affixed, Pºlº ſº.
: 1. . ſº • {{l --~ : ?? -- ſº. ... -- ~ 1. . ſº violation of
its name, with the word “limited” after it, in manner directed .
by this Act, shall incur a penalty of twenty dollars for every section.
day during which such name is not so kept painted or
affixed : *
3. Every director and manager of the company, who know: ...}. fº
ingly and wilfully authorizes or permits such default, shall º
be liable to the like penalty :
4. Every director, manager or officer of the company, and Penalty on.
every person on its behalf who uses or authorizes the use of ºx
any seal purporting to be a seal of the company, whereon its ºf authºjº,
name, with the said word “limited "after it, is not so en-º.”
graven as aforesaid, or who issues or authorizes the issue of “limited"
any notice, advertisement or other official publication of such ""
company, or who signs or authorizes to be signed on behalf of
such company any bill of exchange, promissory note, indorse-
ment, cheque, order for money or goods, or who issues or all-
thorizes to be issued any bill of parcels, invoice or receipt of
the company, wherein its name, with the said word after
it, is not mentioned in manner aforesaid, shall incur a pen-
alty of two hundred dollars, and shall also be personally
liable to the holder of any such bill of exchange, promis-Liability in
sory note, cheque, or order for money or goods, for the ""
amount thereof, unless the same is duly paid by the Com-
pany. 40 W., c. 43, ss. 78 and 79.
80. Every prospectus of the company, and every notice Prospectus,
inviting persons to subscribe for shares in the company, ...”
shall specify the dates and the names of the persons to any contracts
contract entered into by the company or the promoters, direc- i.
tors or trustees thereof, before the issue of such prospectus or bedeemeå
or motice, whether subject to adoption by the directors or *
the company or otherwise; and every prospectus or notice
which does not specify the same shall, with respect to any
person who takes shares in the company on the faith of such
prospectus or notice, and who has not had notice of such
contract, be deemed fraudulent on the part of the promoters,
directors and officers of the company who knowingly issue
such prospectus or notice. 40 W., c. 43, S. 84.
81. The company shall not be bound to see to the execu- º
tion of any trust, whether express, implied or constructive, tº
22}% - 1589
20
Chap 119. The Companies Act. 49 WICT.
in respect of
trustS.
Directors in-
demnified
in suits, &c.,
against the
Company.
Except by
their own neg-
lect or
default.
Forfeiture of
charter for
Rl'Oll-Ulso l'.
Fees on letters
patent, &c.,
to be fixed by
Governor in
Council.
Amount of
fees may be
varied.
Must be paid
before action
is taken.
Full state-
ment of affairs
at each meet-
ing for elec-
tions.
*
in respect of any share; and the receipt of the shareholder
in whose name the same stands in the books of the com-
pany, shall be a valid and binding discharge to the company
for any dividend or money payable in respect of such
share, and whether or not notice of such trust has been
given to the company; and the company shall not be bound
to see to the application of the money paid upon such
receipt. 40 W., c. 43, s. 51.
82. Every director of the company, and his heirs, execu-
tors and administrators, and estate and effects, respectively,
may, with the consent of the company, given at any general
meeting thereof, from time to time, and at all times, be
indemnified and saved harmless out of the funds of the com-
pany, from and against all costs, charges and expenses what-
soever which he sustains or incurs in or about any action,
suit or proceeding which is brought, commenced or prose-
cuted against him, for or in respect of any act, deed, matter
or thing whatsoever, made, done or permitted by him, in or
about the execution of the duties of his office; and also from
and against all other costs, charges and expenses which he
sustains or incurs, in or about, or in relation to the affairs
thereof—except such costs, charges or expenses as are occa-
sioned by his own wilful neglect or default. 40 W., c. 43,
s. 57. i
S3. The charter of the company shall be forfeited by
non-user during three consecutive years, or if the company
does not go into actual operation within three years after it
is granted. 40 W., c. 43, s. 72.
84. The Governor in Council may, from time to time,
establish, alter and regulate the tariff of the fees to be paid
on application for letters patent and supplementary letters
patent under this Act, may designate the department or
departments through which the issue thereof shall take
place, and may prescribe the forms of proceeding and regis-
tration in respect thereof, and all other matters requisite for
carrying out the objects of this Act : -
2. The amount of the fees may be varied according to the
nature of the company, the amount of the capital stock and
other particulars as the Governor in Council thinks fit :
3. No steps shall be taken in any department towards the
issue of any letters patent or supplementary letters patent.
under this Act, until after all fees therefor are duly paid.
40 W., c. 43, s. 74.
85. The directors of every company shall lay before its
shareholders a full printed statement of the affairs and
financial position of the company at or before each general
meeting of the company for the election of directors. 40 W.,
c. 43, s. 87, -
*
*
1590 ,
1886. The Companies Act. Chap. 119. 21.
I/O AN COMPANIES.
86. The following sections of this Act apply to loan com-sections relat-
panies only. 40 W., c. 43, Sub-title relating to loan companies. . tº lºan
:0mpanies.
87. The capital stock of every loan company shall be Shares.
divided into 'shares of one hundred dollars each. 40 W.,
c. 43, S. 88.
88. Every loan company may, from time to time, Powers.
(a.) Lend and advance money, by way of loan or other- Making loans,
wise, for such periods as it deems expedient, on the security ..."
of real estate, or on the public securities of Canada, or of `"
any of the Provinces thereof, or on the security of deben-
tures of any municipal or other corporation, issued under or
in pursuance of any statutory authority, and upon such terms
and conditions as to the company seem satisfactory or
expedient; -
(b.) Acquire, by purchase or otherwise, any security upon Acquisition
which it is authorized to lend or advance money, and re-sell ..."
the same as it deems advisable;
(c.) Do all acts that are necessary for advancing such sums Enforcing re.
of money, and for receiving and obtaining repayment thereof, *
and for compelling the payment of all interest accruing
from such sums so advanced, and the observance and fulfil-
ment of any conditions annexed to such advance, and for
enforcing the forfeiture of any term or property consequent
on the nom-fulfilment of such conditions, or of conditions
entered into for delay of payment;
(d.) Give receipts, acquittances and discharges, either, Execution of
absolutely and wholly or partially, and execute such deeds, ...""
assignments or other instruments as are necessary for carry-
ing any such purchase or re-sale into effect:
And for every and any of the foregoing purposes, and for Capital may
every and any other purpose in this Act mentioned or §º.
referred to, the company may lay out and apply the capital poses.
and property, for the time being, of the company, or any
part thereof, or any of the moneys authorized to be hereafter
raised or received by the company in addition to its capital
for the time being, and may authorize and exercise all acts
and powers whatsoever, in the opinion of the directors of
the company requisite or expedient to be done or exercised in
relation thereto. 40 W., c. 43, s. 89.
89. The company may act as an agency association for Company
the interest and on behalf of others who intrust it with *ś
money for that purpose, and may, either in the name of the lend money,
company or of such others, lend and advance money to any ...".
person upon such securities as are mentioned in the next as agents for
preceding section, or to any body corporate, or to any muni- *
cipal or other authority, or to any board or body of trustees
or commissioners, upon such terms and upon such security
1591
--~~~
49.9
Chap 119. The Companies Act. 4) WICT,
Tuforcement
of conditions.
Repayment
may be guar-
anteed.
General
powers for
such purposes.
Money of
which repay-
ment is guar-
anteed, to be
deemed bor-
rowed.
Borrowing
powers of com-
pany and
security to be
given by it.
May issue de-
bentures,
bonds, &c.
Company may
receive
moneys on
deposit.
To be deemed
borrowed.
as to the company appear satisfactory, and may purchase
and acquire any securities on which they are authorized to
advance money, and again re-sell the same :
2. The conditions and terms of such loans and advances,
and of such purchases and re-sales, may be enforced by the
company for its benefit, and for the benefit of the person
or persons or corporation for whom such money has been
lent and advanced, or such purchase and re-sale made ; and
the company shall have the same power in respect of such
loans, advances, purchases and sales as are conferred upon if
in respect of loans, advances, purchases and sales made from
its own capital : p.
3. The company may also guarantee the repayment of the
principal or the payment of the interest, or both, of any
moneys intrusted to the company for investment :
4. The company may, for every or any of the foregoing
purposes, lay out and employ the capital and property, for
the time being, of the company, or any part of the moneys
authorized to be raised by the company in addition to its
capital for the time being, or any moneys so intrusted to it
as aforesaid, and may do, assent to, and exercise all acts
whatsoever, in the opinion of the directors of the company
for the time being requisite or expedient to be done in regard
thereto :
5. All moneys of which the repayment of the principal or
payment of interest is guaranteed by the company, shall, for
the purposes of this Act, be deemed to be money borrowed
by the company. 40 W., c. 43, s.90.
90. The directors may, from time to time, with the con-
sent of the shareholders, obtained at any general meeting, bor-
row money on behalf of the company, at such rates of interest
as are lawful under this Act, and upon such terms as they,
from time to time, think proper; and the directors may, for
that purpose, execute any debentures, mortgages, bonds or
other instruments, under the seal of the company, for sums
of not less that one hundred dollars or twenty pounds ster-
ling each, or may assign, transfer or deposit, by way of
equitable mortgage or otherwise, for the sums so borrowed,
any of the documents of title, deeds, muniments, securities
or property of the company, and either with or without
power of sale or other special provisions, as the directors
deem expedient. 40 W., c. 43, s. 91.
91. The directors may, from time to time, with the con-
sent of the shareholders obtained at any general meeting,
receive money on behalf of the company on deposit for such
periods and at such rates of interest as are agreed upon ;
and money so received on deposit shall, for the purposes of
this Act, be deemed to be money borrowed by the company.
40 W., c. 43, s. 92.
1592
1886. The Companies Aci. Chap. 119.
23
92. The company shall not borrow money unless at least
one hundred thousand dollars of its subscribed capital stock
has been paid up ;
2. The company shall not borrow money unless at least
twenty per cent. of its subscribed capital stock has been
paid up : *
3. If the company borrows money by way of deposit,
under the next preceding section, the aggregate amount of
the sums so borrowed, by way of deposit, shall not at any
time, whether the company borrows solely by way of deposit
or also in other ways, exceed the aggregate amount of its
paid up capital, and of its other cash actually in hand, or
deposited by it in any chartered bank or banks in Canada:
4. If the company borrows money solely on debentures or
other securities, and by guarantee as hereinbefore authorized
and not by way of deposit, under the next preceding section,
the aggregate amount of the sums so borrowed shall not, at
any time, exceed four times the amount of its paid up and
unimpaired capital, or the amount of its subscribed capital,
at the option of the company :
5. If the company borrows money both by way of deben-
tures or other securities, or by guarantee, as aforesaid, and
also by way of deposit, the aggregate amount of money so
borrowed shall not, at any time, exceed the amount of the
principal moneys remaining unpaid on securities then held
by the company, nor shall it exceed double the amount of
the then actually paid up and unimpaired capital of the com-
pany; but the amount of cash then actually in the hands of
the company, or deposited by it in any chartered bank, or
both, shall be deducted from the aggregate amount of the
liabilities which the company has them incurred, as above
mentioned, in calculating such aggregate amount for the
purposes of this sub-section :
6. In the event of any company now incorporated, availing
itself of the provisions of this Act for the purpose of enlarging
its powers to borrow money by debentures, nothing herein
contained shall be construed as affecting or in any wise im-
pairing the right of the holders of debentures issued by such
company. 40 W., c. 43, S. 93.
93. The company shall not use any of its funds in the pur-
chase of stock in any other incorporated company. 40 W.,
c. 43, s. 94.
94. The company may hold such real estate as is necessary
for the transaction of its business, not exceeding in yearly
value the sum of ten thousand dollars, or such real estate as,
being mortgaged or hypothecated to it, is acquired by it for
the protection of its investments, -and may, from time to
time, sell, mortgage, lease or otherwise dispose of the same :
but the company shall sell any real estate acquired in satis-
faction of any debt within seven years after it has been so
$100,000 to be
paid up before
borrowing.
20 per cent. to
be paid up
before bor-
rowing.
Amount bor-
rowed by de-
posit limited.
If the com-
pany borrows
solely on de-
bentures, &c.
If it borrows
in both ways.
Proviso: as to
cash in hand.
Proviso: as to
companies
now incor-
porated.
Not to pur-
chase stock ill
other com-
panies.
Power to hold
real estate.
Proviso : as
to such estate
not held for
1593
24
Chap. 119. The Companies Act. 49 WICT.
company's
OWI) use.
Company
may charge
commission.
What interest
company may
Tô COWC)’.
Proviso : as to
fines.
Register of
securities.
Company
may unite
with any
other like
company.
Agreement
for such union
how made,
&c., and what
to provide.
acquired, otherwise it shall revert to the previous owner, or
to his heirs or assigns. 40 W., c. 43, S. 95.
95. The company, when acting as an agency association,
may charge such commission to the lender or borrower, or
both, upon the moneys invested, as is agreed upon, or as is
reasonable in that behalf. 40 W., c. 43, S. 96.
96. The company may stipulate for, take, reserve and ex-
act any rate of interest or discount that may be lawfully
taken by individuals, or, in the Province of Quebec, by in-
corporated companies under like circumstances, and may
also receive an annual payment on any loan by way of a
sinking fund for the gradual extinction of such loan, upon
such terms and in such manner as are regulated by the by-
laws of the company: Provided always, that no fine or
penalty shall be stipulated for, taken, reserved or exacted in
respect of arrears of principal or interest which has the effect
of increasing the charge in respect of arrears beyond the rate
of interest or discount on the loan. 40 W., c. 43, S. 97.
97. A register of all securities held by the company shall
be kept ; and within fourteen days after the taking of any
security, an entry or memorandum specifying the nature and
amount of such security, and the names of the parties thereto,
with their proper additions, shall be made in such register.
40 W., c. 43, s. 98.
98. The company may unite, amalgamate and consolidate
its stock, property, business and franchises with those of
any other company or society incorporated or chartered for
a like purpose or with those of any building, savings or loan
company or society heretofore or hereafter incorporated or
chartered, or may purchase and acquire the assets of any such
company or society, and may enter into all contracts and
agreements there with necessary to such union, amalgamation,
consolidation, purchase or acquisition. 40 W., c. 43, S. 99.
99. The directors of the company, and of any other such
company or society, may enter into a joint agreement under
the corporate seal of each of the said corporations, for the
union, amalgamation or consolidation of the said corporations,
or for the purchase and acquisition by the company of the
assets of any other such company or society,+prescribing the
terms and conditions thereof, the mode of carrying the same
into effect, the name of the new corporation, the number of
the directors and other officers thereof, and who shall be the
first directors and officers thereof, the manner of converting
the capital stock of each of the said corporations into that of
the new corporation, with such other details as they deem
necessary to perfect such new organization, and the union,
amalgamation and consolidation of the said corporations, and
1594
1886. : The Companies Act, Chap. 119.
2
5.
the subsequent management and working thereof, or the
terms and mode of payment for the assets of any other such
company or society purchased or acquired by the company.
40 W., c. 43, s. 100. -
109. Such agreement shall be submitted to the share- Approval of
holders of each of the said corporations at a meeting thereof *
to be held separately, for the purpose of taking the same
into consideration :
2. Notice of the time and place of such meetings, and Notice of
the objects thereof, shall be given by written or printed *ś.
notices, addressed to each shareholder of the said corpora-
tions respectively, at his last known post office address or
place of residence, and also by a general notice in a news-
paper published at the chief place of business of such corpor-
ations respectively, once a week, for six successive weeks:
3. At such meetings of shareholders such agreement shall Proceedings
be considered, and a vote by ballot shall be taken for the ***
adoption or rejection of the same—each share entitling the
holder thereof to one vote in person or by proxy ; and if two-
thirds of the votes of all the shareholders of such corporations
are given for the adoption of such agreement, that fact shall
be certified upon the agreement by the secretary of each of
such corporations, under the corporate seal thereof:
4. If the agreement is so adopted at the respective meet- And if the
ings of the shareholders of each of the said corporations, the * 1S.
agreement so adopted and the said certificates thereon shall , sº gº
be filed in the office of the Secretary of State ; and the said
agreement shall, from thenceforth, be taken and deemed to
be the agreement and act of union, amalgamation and con-
solidation of the said corporations, or the agreement and deed
of purchase and acquisition by the company of the assets of
such company so selling, as the case may be:
5. A copy of such agreement so filed, and of the certificates Copy of Agree-
thereon properly certified, shall be evidence of the existence º
of such new corporation :
6. Due proof of the foregoing facts shall be laid before the ºt
Governor in Council, and, if deemed expedient by the Gov- ;'...".
ernor in Council, letters patent shall be issued and notice pany.
thereof duly published by the Secretary of State in the
Canada Gazette. 40 W., c. 43, s. 101.
101. Upon the completion and perfection of the said agree- Effect of the
ment and act of consolidation, as provided in the next pre- sº
ceding section, the several corporations or societies, parties fected.
thereto, shall be deemed and taken to be consolidated, and to
form one corporation, by the name in the said agreement pro-
vided, with a common seal, and shall possess all the rights,
privileges and franchises of each of such corporations. 40 W.,
c. 43, s. 102. - -
1595
26 Chap. 119. The Companies Act. 49 WICT
; tº, 102. Upon the consummation of such consolidation as
cºmpanies aforesaid, all and singular the business, property, real and
: * n°W personal, and all rights and incidents appurtenant thereto,
” all stock, mortgages or other securities, subscriptions and
other debts due on whatever account, and other things in
action belonging to such corporations or either of them,
shall be taken and deemed to be transferred to and vested in
º :hts such new corporation without further act or deed : Provided
S * e *
* however, that all rights of creditors and liens upon the pro-
barties. perty of either of such corporations shall be unimpaired by
such consolidation, and that all debts, liabilities and duties
of either of the said corporations shall thenceforth attach to
the new corporation, and may be enforced against it to the
same extent as if the said debts, liabilities and duties had
been incurred or contracted by it; and that no action or pro-
ceeding, legal or equitable, by or against the said corporations
so consolidated, or either of them, shall abate or be affected
by such consolidation, but for all the purposes of such action
or proceeding such corporation may be deemed still to exist,
or the new corporation may be substituted in such action or
proceeding in the place thereof. 40W., c. 43, s. 103.
Annual state- 108. The company shall transmit, on or before the first
#. of day of March in each year, to the Minister of Finance and
Finance, and Receiver General a statement in duplicate, to the thirty-first
... " " day of December inclusive of the previous year, verified by
the oath of the president or vice-president and the manager,
setting out the capital stock of the company, and the pro-
portion thereof paid up, the assets and liabilities of the com-
pany, the amount and nature of the investments made by the
company, both on its own behalf and on behalf of others, and
the average rate of interest derived therefrom—distinguishing
the classes of securities, and also the extent and value of the
lands held by it, and such other details as to the nature and
extent of the business of the company as the Minister of Fin-
ance and Receiver General requires, and in such form and
with such details as he, from time to time, requires and pre-
†: to scribes ; but the company shall, in no case, be bound to dis-
jº" close the name or private affairs of any person who has deal-
ings with it. 40 W., c. 43, s. 104.
gººm-tºmºmºmº-ºº-º-º-º-
S C H E D U L E . -
FORM A.
Public notice is hereby given that under “The Companies
Act” letters patent have been issued under the Great Seal of
Canada, bearing date the day of
incorporating [here state names, address and calling of each
corporator named in the letters patent], for the purpose of [here
state the undertaking of the Company, as set forth in the letters
1596
1886. The Companies Act. Chap. 119.
2
7
patent], by the name of [here state the name of the Company as
wn the letters patent] with a total capital stock of
dollars divided into shares of
dollars. *...* ºº - . . .
Dated at the office of the Secretary of State of Canada, this
day of 18
A.B.,
40 W., c. 43, sch. A. Secretary.
FORM. B.
Public notice is hereby given, that under “The Companies
Act” supplementary letters patent have been issued under
the Great Seal of Canada, bearing date the
day of , whereby the undertaking of
the Company has been extended to include [here set out the
other purposes or objects mentioned in the supplementary letters
patent].
Dated at the office of the Secretary of State of Canada, this
day of 18
A.B.,
40 W., c. 43, sch. C. Secretary.
FORM. C.
Public notice is hereby given, that under “The Companies
Act” supplementary letters patent have been issued under
the Great Seal of Canada, bearing date the
day of , whereby the total
capital stock of [here state the name of the Company] is in-
creased [or reduced, as the case may be] from
dollars to dollars.
Dated at the office of the Secretary of State of Canada, this
day of - g 18 .
A.B.,
40 W., c. 43, sch. B. Secretary.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
CEIAPTER I2O.
An Act respecting Banks and Banking. A.D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. This Act may be cited as “The Bank Act.” 46 W., c. 20, Short title.
s. 1. - s
2. In this Act, unless the context otherwise requires,-- Interpreta-
(a.) The expression “goods, wares and merchandise” in- ºr
cludes in addition to the things usually understood thereby, jand
timber, deals, boards, staves, saw-logs and other lumber, merchan-
petroleum, crude oil, and all agricultural produce and other "*
articles of commerce;
(b.) The expression “warehouse receipt" means any receipt “Warehouse
given by any person, firm or corporation for any goods, wares "“”
or merchandise in his or their actual, visible and continued
possession, as bailee or bailees, in good faith, and not as of
his or their own property, and includes receipts from any
person who is the keeper of any harbor, cove, pond, wharf.
yard, warehouse, shed, storehouse, tannery, mill or other
place in Canada, for goods, wares or merchandise in the
place or in one or more of the places so kept by him, whether
such person is engaged in other business or not, and includes
also specifications of timber ;
(c.) The expression “bill of lading” includes all receipts Bill of .
for goods, wares or merchandise, accompanied by an obliga- "*
tion to transport the same from the place where they were
received to some other place, whether by land or water, or
partly by land and partly by water, and by any mode of
carriage whatever ;
(d.) The expression “ship ’’ or “shipment” means the de- Ship.ºr,
livery of any article, for transport as aforesaid; 43 W., c. 22, shipment.
s. 7, part.
(e.) The expression “the bank” means any bank to which “The Bank.”
this Act applies.
3. The provisions of this Act apply to every bank incor- To what
porated during the session of the Parliament of Canada, ...” “
& ſº g } © pplies.
held in the forty-third year of Her Majesty's reign or there-
after, or hereafter, whether this Act is specially mentioned in
its Act of incorporation or not, as well as to all banks, (except

1599
2
Chap. 120. The Bank Act. 49 WICT.
Charters con-
tinued to 1st
July, 1891.
As to other
particulars.
Proviso: as to
forfeiture.
Matters to
be provided
for in special
Act.
Conditions
previous to
commencing
business by
new banks.
When certifi-
cate may be
granted.
A certain sum
to be paid up
within two
years.
Not more than
$200,000 need
be paid up.
where otherwise expressly mentioned) whose charters or
Acts of incorporation are hereby continued, but not to any
other, unless extended to it under the special provisions here-
inafter made. 34 W., c. 5, s. 2;-43 W., c. 22, s. 1.
4. The charters or Acts of incorporation of the several
banks enumerated in the schedule A to this Act and any Acts
amending them are hereby continued and shall, subject to
the provisions of this Act, as to their incorporation, the amount
of capital stock, the amount of each share of such stock, and
the chief place of business of each respectively, remain in
force until the first day of July, in the year one thousand
eight hundred and ninety-one, subject to the right of any
such bank to increase its capital stock in the manner herein-
after provided; and as to other particulars this Act shall form
and be the charter of each of the said banks, until the said
first day of July, one thousand eight hundred and ninety-
one, and the provisions hereof shall apply to each of them
respectively: Provided always, that the said charters or Acts
of incorporation are only hereby continued in force in so far
as they or any of them are not forfeited or void under the
terms thereof or of this Act or any other Act passed or to be
passed in that behalf, by non-performance of the conditions
of such charters or Acts of incorporation respectively, or by
insolvency or otherwise. 34 W., c. 5, s. 1;—43 W., c. 22, s. 11.
(APITAL STOCK.
5. The capital stock of every bank hereafter incorporated,
the amount of each share, the name of the bank, and the
place where its chief office is to be situate, shall be declared
in the Act of incorporation of every such bank. 34 W., c. 5,
6. No bank hereafter incorporated, unless it is otherwise
provided by its Act of incorporation, shall issue notes or com-
mence the business of banking until five hundred thousand
dollars of capital have been bond fide subscribed and one
hundred thousand dollars have been bond ſide paid up, nor
until it has obtained from the Treasury Board a certificate to
that effect : -
2. Such certificate shall be granted by the Treasury Board
when it is proved to the satisfaction of such board that such
amounts of capital have been bond fide subscribed and paid
respectively : *
3 If at least two hundred thousand dollars of the sub-
scribed capital of such bank have not been paid up before
it commences business, such further amount as is required
to complete the said sum shall be called in and paid up
within two years thereafter; and it shall not be necessary
that more than two hundred thousand dollars of the stock
of any bank, whether incorporated before or after the passing
1600
1886. The Bank Act - Chap. 120.
of this Act, shall be paid up within any limited period from
the date of its incorporation. 34 W., c. 5, s. 7.
7. The capital stock of the bank may be increased, from
time to time, by the shareholders at any annual general
meeting, or at any general meeting specially called for that
purpose; and such increase may be agreed on by such pro-
portions at a time as the shareholders determine, and shall
be decided by the majority of the votes of the shareholders
present at such meeting in person, or represented by proxy.
34 W., c. 5, s. 5.
8. Any of the original unsubscribed capital stock, or the
increased stock of the bank, shall, when the directors so
determine, be allotted to the then shareholders of the bank
pro ratá, and at such rate as is fixed by the directors, but
mo fraction of a share shall be so allotted; and any of such
allotted stock which is not taken up by the shareholder to
whom such allotment has been made, within three months
from the time when notice of the allotment was mailed to
his address, may be opened for subscription to the public, in
such manner and on such terms as the directors prescribe.
34 W., c. 5, s. 6.
INTERNAL REGUIATIONS.
9. The shareholders in the bank may regulate, by by-law,
the following matters incident to the management and ad-
ministration of the affairs of the bank, that is to say: the
mumber of the directors, which shall not be less than five and
not more than ten, and the quorum thereof; their qualifica-
tion ; the method of filling up vacancies in the board of
directors whenever the same occur during each year, and
the time and proceedings for the election of directors, in case
of a failure of any election on the day appointed for it; the
remuneration of the president, vice-president and other direc-
tors; and the closing of the transfer book during a certain
time, not exceeding fifteen days, before the payment of each
semi-annual dividend :
2. The directors shall be elected annually by the share-
holders, and shall be eligible for re-election : Provided, that
mo director shall hold less than three thousand dollars of
the stock of the bank, when the paid-up capital thereof is
one million dollars or less, or less than four thousand dollars
of stock when the paid-up capital thereof is over one million
and does not exceed three millions, or less than five thousand
dollars of stock when the paid-up capital thereof exceeds
three millions: Provided also, that the foregoing provisions
of this section, touching directors, shall not apply to a bank
en commandite, which shall in these matters be governed by
the provisions of its charter:
Increase of
capital.
How stock
shall be allot-
ted.
By-laws may
be made.
Election.
Qualification
of director.
Proviso : as
to banks en
commandite.
1601
4
Chap. 120. The Bank Act. 49 WICT.
Discounts to
directors.
Certain by-
laws con-
tinued.
Votes on
shares.
Majority to
determine.
Casting vote.
As to joint
holders of
shares.
. Pallot.
Special
general
meetings,
Removal of
president,
director, &c.
New election.
3. The shareholders (or if the bank is en commandite, the
principal partners) may also regulate, by by-law, the amount
of discounts or loans which may be made to directors, (or if
the bank is en commandite, to the principal partners), either
jointly or severally, or to any one firm or person, or to any
shareholder or to corporations :
4. Provided, that until it is otherwise prescribed by by-
law under this section, the by-laws of the bank, on any
matter which may be regulated by by-law under this section,
shall remain in force, except as to any provision fixing the
qualification of directors at an amount less than that hereby
prescribed ; and no person shall be elected or continue to be
a director unless he possesses the number of shares hereby
required, or such greater number as are required by any by-
law in that behalf. 34 W., c. 5, ss. 28 and 30, part.
10. Every shareholder in the bank shall, on all occasions
on which the votes of the shareholders are taken, have one
vote for each share held by him for at least thirty days before
the time of meeting: shareholders may vote by proxy, but
no person but a shareholder shall be permitted to vote or act
as such proxy, and no manager, cashier, bank clerk or other
subordinate officer of the bank shall vote either in person or
by proxy, or hold a proxy for that purpose :
2. All questions proposed for the consideration of the share-
holders shall be determined by the majority of their votes;
the chairman elected to preside at any such meeting of the
shareholders shall vote as a shareholder only, unless there is
a tie, in which case, except as to the election of a director,
he shall have a casting vote :
3. If two or more persons are joint holders of shares, any
one of such joint holders may be empowered, by letter of
attorney from the other joint holder or holders, or a majority
of them, to represent the said shares, and vote accordingly :
4. In all cases when the votes of the shareholders are
taken, the voting shall be by ballot. 34 W., c. 5, s. 27.
11. The directors of the bank, or any four of them,-or any
number not less than twenty-five of the shareholders of the
bank, who are together proprietors of at least one tenth of
the paid-up capital stock of the bank, by themselves or by
their proxies, may, at any time, call a special general meeting
of the shareholders, to be held at their usual place of meet-
ing, upon giving six weeks' previous public notice, specify-
ing in such notice the object of such meeting :
2. If the object of any such special general meeting is to
consider the proposed removal of the president or vice-presi-
dent, or of a director of the bank, for mal-administration or
other specified and apparently just cause, and if a majority
of the votes of the shareholders at such meeting are given for
such removal, a director to replace him shall be elected or
appointed in the manner provided in the by-laws of the
1602
1886. ' The Bank Act.' Chap. 120. 5
bank, or if there are no by-laws providing therefor, then by
the shareholders at such meeting ; and if it is the president
or vice-president who is removed, his office shall be filled up
by the directors in the manner provided in case of a vacancy
occurring in the office of president or vice-president. 34 W.,
c. 5, s. 29. s
12. The stock, property, affairs and concerns of the bank Board of
shall be managed by a board of directors, the number of *
whom shall be fixed as herein provided, who shall choose
from among themselves a president and vice-president; the
directors shall be natural-born or naturalized subjects of
Her Majesty, and shall be elected on such day in each year
as is appointed by the charter or by any by-law of the bank,
and at such time of the day and at such place where the
head office of the bank is situate, as a majority of the directors
for the time being appoint; and public motice shall be given Notice of
by the directors, by publishing the same for at least four election.
weeks in a newspaper published at the place where the said
head office is situate, previous to the time of holding such
election; and the election shall be held and made by such
of the shareholders of the bank as have paid all calls made
by the directors and as attend for the purpose in person or
are represented by proxy:
2. All elections of directors shall be by ballot; and the Ballot.
said proxies shall be held and voted upon only by share- Proxies.
holders then present :
3. The persons, to the number fixed by by-law, as here- Who shall be
inbefore provided, who have the greatest number of votes "“”
at any election, shall be directors:
4. If it happens at any election that two or more persons Provision in
have an equal number of votes, and the election or non-elec- º
tion of one or more of such persons as a director or directors -
depends on such equality, then the directors who have a
greater number, or the majority of them, shall determine
which of the said persons so having an equal number of
votes shall be the director or directors, so as to complete
the full number; and the said directors, as soon as may be Election of
after the said election, shall proceed in like manner to elect, President. *0.
by ballot, two of their number to be president and vice-
president respectively :
5. If a vacancy occurs in the board of directors, such Vacancies.
vacancy shall be filled in the manner provided by the by-" "
laws; but the non-filling of the vacancy shall not vitiate the
acts of a quorum of the remaining directors; and if the
vacancy so created is in the office of the president or vice-
president, the directors, at the first meeting after completion
of their number, shall, from among themselves, elect a presi-
dent or vice-president, who shall continue in office for the
remainder of the year. 34 W., c. 5, s. 30.
#3. No shareholder, in any bank to which the three sec- In certain
e e gº † ll
tions next preceding apply, shall vote, either in person or by * *
23%
6
Chap. 126. The Bank Act. 49 WICT.
must be paid
before voting.
Renewal of
proxies.
&
Provision in
case of failure
of election.
Quorum, &c.
Casting vote,
General
powers of
directors.
Proviso : as to
by-laws in
force.
Appointment
of officers, &c.
proxy, on any question proposed for the consideration of the
shareholders of the bank at any meeting of such shareholders,
or in any case in which the votes of the shareholders of the
bank are taken, unless he has paid all calls made by the
directors which are then due and payable. 40 W., c. 44, s. 1.
14. No appointment of a proxy to vote at any meeting of
the shareholders of the bank shall be valid for that purpose,
unless it has been made or renewed in writing within the
three years next preceding the time of such meeting. 43 W.,
c. 22, s. 12, part.
15. If an election of directors is not made on any day
when it should be made, the corporation shall not for that
cause be deemed to be dissolved, but an election of directors
may take place on any other day in such manner as is pro-
vided by the by-laws made by the shareholders in that
behalf; and the directors then in office shall so remain until
a new election is made. 34 W., c. 5, s. 31.
H6. At all meetings of the directors not less than three
shall constitute a quorum for the transaction of business;
and at such meetings the president, or in his absence the
vice-president, or in the absence of both of them, one of the
directors present, chosen to act pro tempore, shall preside;
and the president, vice-president or president pro tempore so
presiding, shall vote as a director, and if there is an equal
division on any question, shall also have a casting vote.
34 W., c. 5, s. 32.
17. The directors for the time being, or a majority of
them, may make by-laws and regulations (not repugnant to
the provisions of this Act or the laws of Canada) touching
the management and disposition of the stock, property,
estate and effects of the bank, and touching the duties and
conduct of the officers, clerks and servants employed therein,
and all such other matters as appertain to the business of a
bank : Provided always, that all by-laws of the bank law-
fully made before the fourteenth day of April, one thousand
eight hundred and seventy-One, and now in force, in respect
to any matter respecting which the directors may make by-
laws under this section (including any by-laws for establish-
ing a guarantee fund for the employees of the bank) shall
remain in force until they are repealed or altered by others
made under this Act. 34 W., c. 5, s. 33, part.
18. The directors may appoint as many officers, clerks
and servants for carrying on the business of the bank, and
with such salaries and allowances, as they consider necessary
—and they may also appoint a director or directors for any
branch of the bank: t
1604
1886. The Bank Act. - Chap. 120. 7
2. Before permitting any cashier, officer, clerk or servant Security to be
of the bank to enter upon the duties of his office, the direc- ***
tors shall require him to give bond or other security to the
satisfaction of the directors, for the due and faithful per-
formance of his duties. 34 W., c. 5, s. 33, part.
SHARES AND CALLS.
19. Books of subscription may be opened, and shares of Subscription
the capital stock may be made transferable, and the divi- ...”
dends accruing thereon may be made payable in the United inited
Kingdom, in like manner as such shares and dividends are King”
respectively made transferable and payable at the head office
of the bank; and for that purpose the directors may, from
time to time, determine the proportion of the shares which
shall be so transferable in the United Kingdom, and make
such rules and regulations, and prescribe such forms, and
appoint such agents, as they deem necessary. 34 W., c. 5, s. 17.
29. The shares of the capital stock shall be paid in by Payment of
such instalments, and at such times and places as the direc- shares.
tors appoint, and executors, administrators and curators pay-
ing the instalments upon the shares of deceased shareholders
shall be indemnified for paying the same : Provided always, Proviso: ten
that no share shall be held to be lawfully subscribed for, ſº-
unless a sum equal to at least ten per centum on the amount ºption.
subscribed for is actually paid at the time of or within
thirty days after the time of subscribing. 34 W., c. 5, s. 18.
21- The directors may make such calls of money from Calls on
the several shareholders for the time being, upon the shares shares.
subscribed for by them, respectively, as they find necessary :
2. Such calls shall be made at intervals of not less than Time of calls
thirty days, and upon notice to be given at least thirty days * *
prior to the day on which such call shall be payable; and
no such call shall exceed ten per cent. of each share sub- Limitation.,
scribed. 34 W., c. 5, s. 34, part.
22. The directors may, in the corporate name of the bank, Recovery of
sue for, recover and get in all such calls, or cause and declare *
such shares to be forfeited to the bank, in case of non-
payment of any such call :
2. An action may be brought to recover any money due Recovery by
on any such call ; and it shall not be necessary to set forth *
the special matter in the declaration, but it shall be suffi- sº
cient to allege that the defendant is holder of one share
or more, as the case may be, in the capital stock of the
bank, and is indebted to the bank for a call or calls upon
such share or shares, in the sum to which the call or calls
amount, as the case may be, stating the amount and number
of such calls, whereby an action has accrued to the bank to
recover the same from such defendant by virtue of this Act;
234% 1605
8
Chap. 120. The Bank Act. - 49 WICT.
What only
need be
proved.
Forfeiture of
shares for
non-payment
of calls.
Sale in such
C8Se.
And transfer.
Proviso.
&
Statement to
be laid before
annual
meeting.
Liabilities,
Assets.
and to entitle the directors to recover in such action it
shall be sufficient to prove by any one witness (a share-
holder being competent) that the defendant, at the time of
making any such call, was a shareholder in the number of
shares alleged, and to produce the by-law or resolution of
the directors making such call, and to prove notice thereof,
given in conformity with such by-law or resolution; and it
shall not be necessary to prove the appointment of the direc-
tors or any other matter whatsoever, 34 W., c. 5, s. 34, part.
23. Provided always, that if any shareholder refuses or
neglects to pay any instalment upon his shares of the capital
stock at the time appointed by such call, as aforesaid, such
shareholder shall incur a forfeiture to the use of the bank
of a sum of money equal to ten per cent., on the amount of
such shares; and the directors of the bank may, without any
previous formality, other than thirty days’ public notice of
their intention so to do, sell at public auction the said shares,
or so many of the said shares as shall, after deducting the
reasonable expenses of the sale, yield a sum of money
sufficient to pay the unpaid instalments due on the remainder
of the said shares and the amount of forfeitures incurred upon
the whole ; and the president or vice-president, manager or
cashier of the bank, shall execute the transfer to the pur-
chaser of the shares so sold ; and such transfer, when ac-
cepted, shall be as valid and effectual in law as if the same
had been executed by the original holder of the shares
thereby transferred: but the directors, or the shareholders
at a general meeting, may, notwithstanding anything in this
section contained, remit either in whole or in part, and
conditionally or unconditionally, any forfeiture incurred by
the non-payment of instalments as aforesaid, or the bank
may enforce the payment of any call or calls by suit instead
of declaring the shares forfeited. 34 W., c. 5, s. 35.
ANNUAL STATEMENT.
24. At every annual meeting of the shareholders for the
election of directors, the out-going directors shall submit a
clear and full statement of the affairs of the bank, contain-
ing on the one part, L- *.
The amount of the capital stock paid in, the amount of
notes of the bank in circulation, the met profits made, the
balances due to other banks and institutions, and the cash
deposited in the bank,-distinguishing deposits bearing in-
terest from those not bearing interest ; and on the other
part, L
The amount of the current coin, the gold and silver
bullion, and the Dominion notes in the vaults of the bank,
the balances due to the bank from other banks and institu-
tions, the value of the real and other property of the bank,
and the amount of debts owing to the bank, including and
1606
1886. The Bank Act. Chap. 120. 9
particularizing the amounts so owing upon bills of ex-
change, discounted notes, mortgages and other securities,
Exhibiting on the one hand the liabilities of, or the debts What state-
due by the bank, and on the other hand, the assets and re-ºh"
sources thereof: and the said statement shall also exhibit the *
rate and amount of the last dividend declared by the directors,
the amount of reserved profits at the time of declaring the
said dividend, and the amount of debts due to the bank,
overdue and not paid, with an estimate of the loss which
will probably accrue thereon. 34 W., c. 5, s. 36.
INSPECTION BY DIRECTORS.
*5. The books, correspondence and funds of the bank Inspection of
shall, at all times, be subject to the inspection of the di- * *
rectors, but no shareholder who is not a director shall be
allowed to inspect the account of any person dealing with
the bank. 34 W., c. 5, s. 37.
T)IVIDENIDS.
26. The directors of the bank shall declare half-yearly Dividends.
dividends of so much of the profits of the bank as to the
majority of them seems advisable, and not inconsistent with
the provisions of the two sections of this Act next follow-
ing; and they shall give at least thirty days’ public notice
of the payment of such dividends previously to the date
fixed for such payment. 34 W., c. 5, s. 38.
27. No dividend or bonus shall ever be declared so as Dividend not
to impair the paid up capital; if any dividend or bonus º
is so declared or made payable, the directors who knowingly
and wilfully concur therein, shall be jointly and severally
liable for the amount thereof, as a debt due by them to the
bank; and if any part of the paid-up capital is lost, the Capital lost to
directors shall, if all the subscribed stock is not paid up, ****
forth with make calls upon the shareholders to an amount
equivalent to such loss; and such loss (and the calls, if
any) shall be mentioned in the next return made by the
bank to the Minister of Finance and Receiver General :
Provided that, in any case in which the capital has been im-
paired as aforesaid, all net profits shall be applied to make
good such loss. 34 W., c. 5, s. 10.
28. No division of profits, either by way of dividends or ºl.
bonus, or both combined, or in any other way, exceeding º
the rate of eight per cent, per annum, shall be made by the tain reserve.
bank, unless, after making the same, it has a rest or reserved
fund equal to at least twenty per cent, of its paid-up capital :
and all bad and doubtful debts shall be deducted before the
amount of such rest is calculated. 34 V., c. 5, s. 11.
1607 -
10
Chap. 120. The Bank Act. 49 WICT.
Shares and
transfer
thereof.
List of
transfers to
be kept.
Sale of shares
under execu-
tion.
Transmission
of shares
otherwise
than by
transfer, how
authenti-
cated.
TRANSFER AND TRANSMISSION OF SHARES.
29. The shares of the capital stock shall be personal estate,
and shall be assignable and transferable at the chief place
of business of the bank or at any of its branches which the
directors appoint for that purpose, and according to such
form as the directors prescribe; but no assignment or transfer
shall be valid unless it is made and registered and accepted
by the person to whom the transfer is made, in a book or
books kept by the directors for that purpose, nor unless the
person making the same has, if required by the bank, pre-
viously discharged all his debts or liabilities to the bank
which exceed in amount the remaining stock, if any, be-
longing to such person, valued at the then current rate; and
no fractional part of a share, or less than a whole share,
shall be assignable or transferable. 42 W., c. 45, s. 1, part.
$9. A list of all transfers of shares, registered each day in
the books of the bank, showing the parties to such transfers
and the number of shares transferred in each case, shall be
made up at the end of each day and kept at the chief place
of business of the bank for the inspection of its shareholders.
34 W., c. 5, s. 20.
31. When any share of the capital stock has been sold
under a writ of execution, the officer by whom the writ was
executed shall, within thirty days after the sale, leave with
the cashier, manager or other officer of the bank, an attested
copy of the writ, with the certificate of such officer indorsed
thereon, certifying to whom the sale has been made ; and
thereupon (but not until after all debts and liabilities of
the holder of the share to the bank, and all liens exist-
ing in favor of the bank thereon, have been discharged as
herein provided), the president, vice-president, manager or
cashier of the bank shall execute the transfer of the share so
sold to the purchaser ; and such transfer when duly accepted,
shall be, to all intents and purposes, as valid and effectual
in law as if it had been executed by the holder of the said
share. 42 W., c. 45, s. 1, part.
$2. If the interest in any share in the capital stock be-
comes transmitted in consequence of the death, bankruptcy
or insolvency of any shareholder, or in consequence of the
marriage of a female shareholder, or by any other lawful
Imeans than by a transfer according to the provisions of
this Act, such transmission shall be authenticated by a
declaration in writing, as hereinafter mentioned, or in such
other manner as the directors of the bank require; and
every such declaration shall distinctly state the manner in
which and the person to whom such shares have been
transmitted, and shall be made and signed by such person ;
and the person making and signing such declaration shall
acknowledge the same before a judge of a court of record,
1608
1886. , The Bank Act. Chap. 120. 11
&
or before the mayor, provost or chief magistrate of a city,
town, borough or other place, or before a notary public,
where the same is made and signed ; and every declaration
so signed and acknowledged shall be left with the cashier,
manager or other officer or agent of the bank, who shall
thereupon enter the name of the person entitled under such
transmission in the register of shareholders: and until such
transmission has been so authenticated no person claim-
ing by virtue of any such transmission shall be entitled to
participate in the profits of the bank, or to vote in respect
of any such share of the capital stock: Provided always, Proviso: as
that every such declaration and instrument as, by this and ..."?"
the next following section of this Act, are required to perfect Canada, &c.
the transmission of a share in the bank which is made
in any other country than Canada, or any other British
colony in North America or in the United Kingdom, shall
be further authenticated by the British consul or vice-
consul, or other the accredited representative of the British
Government in the country where the declaration is made,
or shall be made directly before such British consul or vice-
consul or other accredited representative ; and provided Proviso; fur-
also, that the directors, cashier or other officer or agent º: ºnce
of the bank may require corroborative evidence of any fact quired.
alleged in any such declaration. 34 W., c. 5, s. 21.
33. If the transmission of any share of the capital stock Transmission
has taken place by virtue of the marriage of a female share-º.”
holder, the declaration shall be accompanied by a copy of the shareholder.
register of such marriage, or other particulars of the celebra-
tion thereof, and shall declare the identity of the wife with
the holder of such share, and shall be made and signed by
such female shareholder and her husband; and they may
include therein a declaration to the effect that the share trans-
mitted is the separate property and under the sole control
of the wife, and that she may receive and grant receipts for
the dividends and profits accruing in respect thereof, and
dispose of and transfer the share itself, without requiring the
consent or authority of her husband; and such declaration
shall be binding upon the bank and the persons making the
same, until the said persons see fit to revoke it by a written
notice to that effect to the bank; but the omission of a state-
ment, in any such declaration, that the wife making the same
is duly authorized by her husband to make the same, shall
Hot invalidate the declaration. 34 W., c. 5, s. 22.
34. If the transmission has taken place by virtue of any Transmission
testamentary instrument, or by intestacy, the probate of the * *
will, or the letters of administration, or act of curatorship
or an official extract therefrom, shall, together with such
declaration, be produced and left with the cashier or other
officer or agent of the bank, who shall, thereupon, enter the
1609
12
Chap. 120. The Bank Act. 49 WICT.
Further
provision in
such case.
& -
name of the person entitled under such transmission in the
register of shareholders. 34 W., c. 5, s. 23.
35. If the transmission of any share of the capital stock
has taken place by virtue of the decease of any shareholder,
the production to the directors and the deposit with them of
any authenticated copy of the probate of the will of the de-
ceased shareholder, or of letters of administration of his estate
granted by any court in Canada having power to grant such
probate or letters of administration, or by any court or author-
ity in England, Wales, Ireland or any British colony, or of any
testament testamentary or testament dative expede in Scot-
land—or, if the deceased shareholder died out of Her Majesty's
dominions, the production to and deposit with the directors
of any authenticated copy of the probate of his will or letters
of administration of his property, or other document of like
import granted by any court or authority having the requisite
power in such matters, shall be sufficient justification and
authority to the directors for paying any dividend, or for
transferring or authorizing the transfer of any share in pur-
suance of and in conformity to such probate, letters of ad-
ministration, or other such document as aforesaid. 34 V.
Provision in
ease of doubt
as to person
entitled.
Proviso:
notice to be
given.
Proviso : as to
costS.
c. 5, s. 24.
36. Whenever the interest in any share of the capital
stock is transmitted by the death of any shareholder or
otherwise, or whenever the ownership of or legal right of
possession in any such share changes by any lawful means,
other than by transfer according to the provisions of this
Act, and the directors of the bank entertain reasonable doubts
as to the legality of any claim to and upon such share, the
bank may make and file in one of the superior courts in the
Province in which the head office of the bank is situated, a
declaration and petition in writing, addressed to the justices
of the court, setting forth the facts and the number of shares
previously belonging to the person in whose name such
shares stand in the books of the bank, and praying for an
order or judgment declaring to whom the said shares be-
long-by which order or judgment the bank shall be guided
and held fully harmless and indemnified and released from
every other claim to the said shares or arising therefrom :
Provided always, that notice of such petition shall be given
to the person claiming such share, or to the attorney of such
person duly authorized for the purpose, who shall, upon the
filing of such petition, establish his right to the several shares
referred to in such petition ; and the times to plead and all
other proceedings in such cases shall be the same as those
observed in analogous cases before the said superior courts :
Provided also, that the costs and expenses of procuring such
order or judgment shall be paid by the personi to whom the
said shares are declared lawfully to belong; and that such
shares shall not be transferred until such costs and expenses
1610
1886. - The Bank Act. Chap. 120. 13
are paid, saving the recourse of such person against any
person contesting his right. 34 W., c. 5, s. 25.
37. The bank shall not be bound to see to the execution Bank not
of any trust, whether expressed, implied or constructive, to lº SGC:
which any share of its stock is subject ; and the receipt of tº.J. Wºº &
the person in whose name any such share stands in the books
of the bank, or, if it stands in the name of more persons than
One, the receipt of one of such persons shall be a sufficient
discharge to the bank, for any dividend or any other sum of
money payable in respect of such share, unless express notice
to the contrary has been given to the bank ; and the bank
shall not be bound to see to the application of the money
paid upon such receipt, whether given by one of such per-
sons or all of them. 34 W., c. 5, s. 26.
38. No person holding stock in the bank as executor, ad- Executors
ministrator, guardian or trustee, of or for any person named *
in the books of the bank as being so represented by him, ally liable.
shall be personally subject to any liability as a shareholder,
but the estate and funds in his hands shall be liable in like
manner and to the same extent as the testator, intestate, ward
or person interested in such trust fund would be, if living
and competent to hold the stock in his own name ; and if
the trust is for a living person, such person shall also him-
self be liable as a shareholder; but if such testator, intestate, Exception.
ward or person so represented, is not so named in the books
of the bank, the executor, administrator, guardian or trustee
shall be personally liable in respect of such stock, as if he
held it in his own name as owner thereof 43 W., c. 22, s. 2.
O]3IIGATIONS AND POWERS OF THE BAN K.
39. The bank shall always hold, as nearly as practicable, Part of
One half of its cash reserves in Dominion notes, and the pro- ;
portion of such reserves held in Dominion notes shall never notes.
be less than forty per cent. thereof; and every bank holding
at any time a less amount of its cash reserves in Dominion Penalty for
notes than is prescribed by this section, shall incur a pen-i. *:::::
alty of two hundred and fifty dollars for each and every tion of Do:
time it appears, by the monthly statement hereinafter men- **
tioned or otherwise, that such violation of this section has
occurred :
2. The Minister of Finance and Receiver General shall ; Of
make such arrangements as are necessary for insuring the ..."
delivery of Dominion notes to any bank, in exchange for an
equivalent amount of specie, at the several offices at which
Dominion notes are redeemable, in the cities of Toronto,
Montreal, Halifax, St. John (N.B.), Winnipeg, Charlottetown
and Victoria, respectively. 34 W., c. 5, ss. 14 and 16;-43 W.,
c. 22, s. 3.;-46 W., c. 20, s. 4.
1611
14
Chap. 120. The Bank Act. 49 WICT.
Amount and
denomination
of bank notes.
Penalties on
banks having
excess of
circulation.
Redemption
of notes.
Payable at
chief place of
business.
Payments in
Dominion
In Oteš.
Bonds, notes,
&c., how and
by whom to
be signed.
40. The amount of notes of the bank intended for cir-
culation, issued by the bank and outstanding at any time,
shall never exceed the amount of its unimpaired paid-up
capital; and no such note for a sum less than five dollars,
or for any sum which is not a multiple of five dollars shall
be issued or re-issued by the bank, and all notes for a less
sum than five dollars, or which are not such multiple as
aforesaid, heretofore issued, shall be called in and cancelled
as soon as practicable :
2. If it appears by the monthly statement hereinafter men-
tioned, made by the bank, that the amount of its notes in
circulation has, during the month to which such statement
relates, exceeded the amount authorized by this section, such
bank shall incur a penalty of one hundred dollars, if the
amount of such excess of circulation is not over twenty
thousand dollars, -a penalty of one thousand dollars, if such
excess is over twenty thousand and not over one hundred
thousand dollars, a penalty of five thousand dollars, if such
excess is over one hundred thousand dollars, and not over
two hundredthousand dollars, and a penalty often thousand
dollars, if such excess is over two hundred thousand dollars.
34 W., c. 5, s. 8 ;—43 W., c. 22, s. 12, part;—46 W., c. 20, s. 3.
41. The bank shall always receive in payment its own
motes at par at any of its offices and whether they are made
payable there or not; but shall not be bound to redeem
them in specie or Dominion notes at any place other than
that at which they are made payable :
2. The chief place of business of the bank shall always be
one of the places at which its notes shall be made payable.
34 W., c. 5, s. 9. -
42. The bank, when making any payment, shall, on the
request of the person to whom the payment is to be made,
pay the same, or such part thereof not exceeding sixty dol-
lars as such person requests, in Dominion notes for One, two,
or four dollars each, at the option of the receiver. 43 W.,
c. 22, s. 12, part ; –46 W., c. 20, s. 5.
48. The bonds, obligations and bills obligatory or of credit
of the bank under its corporate seal and signed by the pre-
sident or vice-president and countersigned by a cashier or
assistant cashier, which are made payable to any person, shall
be assignable by indorsement thereon ; and bills or notes of
the bank signed by the president, Vice-president, cashier or
other officer appointed by the directors of the bank to sign
the same, promising the payment of money to any person or
to his order, or to the bearer, though not under the corporate
seal of the bank, shall be binding and obligatory on it in like
manner and with the like force and effect as they would be
upon any private person, if issued by him in his private or
natural capacity, and shall be assignable in like manner as
1612
1886. The Bank Act. Chap. 120. 15
if they were so issued by a private person in his natural
capacity: Provided always, that the directors of the bank Proviso:
may, from time to time, authorize or depute any cashier, as- H.º. be
sistant cashier or officer of the bank, or any director other officer.
than the president or vice-president, or any cashier, manager
or local director of any branch or office of discount and de-
posit of the bank, to sign the bills of the bank intended for
general circulation, and payable to order or to bearer on de-
mand. 34 W., c. 5, s. 55.
44. All bank notes and bills of the bank whereon the Notes may be
ſ' - - * -> … .* or signed by
name of any person intrusted or authorized to sign such jº.
notes or bills on behalf of the bank is impressed by machi- º
nery provided for that purpose, by or with the authority
of the bank, shall be good and valid to all intents and pur-
poses, as if such notes and bills had been subscribed in the
proper handwriting of the person intrusted or authorized by
the bank to sign the same respectively, and shall be bank
notes and bills within the meaning of all laws and statutes
whatever, and may be described as bank notes or bills in all
indictments and civil or criminal proceedings whatsoever.
34 V., c. 5, s. 56.
45. The bank shallmot, either directly or indirectly, lend º.
money or make advances upon the security, mortgage or .*.
hypothecation of any lands or tenements, or of any ships or by the bank.
other vessels, or upon the security or pledge of any share of
the capital stock of the bank, or of any goods, wares or
merchandise, except as authorized in this Act; and the bank
shall not, either directly or indirectly, deal in the buying
and selling or bartering of goods, wares or merchandise, or
engage or be engaged in any trade whatsoever, except as a
dealer in gold and silver bullion, bills of exchange, discount-
ing of promissory notes and negotiable securities, and in
such trade generally as appertains to the business of bank-
ing; and the bank shall not, either directly or indirectly,
purchase or deal in any share of the capital stock of the
bank, except when it is necessary to realize upon any such
share held by the bank as security for any pre-existing and
matured debt :
2. Every bank which violates any provision of this section ...º.º.
º * e ContraVell-
shall incur a penalty not exceeding five hundred dollars. i.
34 W., c. 5, s. 40 —38 W., c. 17, s. 1;-46 W., c. 20, s.9, part.
46. The bank may open branches and agencies and offices º and
of discount and deposit, and may transact business at any ”
place or places in Canada. 34 W., c. 5, S. 4.
47. The bank may acquire and hold real and immovable Real estate
property for its actual use and occupation and the manage. ...”
ment of its business, and may sell or dispose of the same, and
acquire other property in its stead for the same purposes.
34 W., c. 5, s. 39.
613
16
Chap. 120. The Bank Act. 49 WICT.
Mortgages as
additional
security,
Purchase of
land under
execution, &c.
Absolute
title may be
acquired.
Proviso : sale
of property so
acquired.
Penalty for
COntraVell-
tion.
Title to lands
so acquired ;
power of Sale,
&c.
As to ad-
vances for
building
ships.
48. The bank may take, hold and dispose of mortgages
and hypothèques upon real or personal property, by way of
additional security for debts contracted to the bank in the
course of its business; and the rights, powers and privileges
which the bank is hereby declared to have or to have had
in respect of real property mortgaged to it, shall be held and
possessed by it, in respect of any personal property which is
Imortgaged or hypothecated to it. 34 W., c. 5, S. 41.
49. The bank may purchase any lands or real property
offered for sale under execution, or in insolvency, or under
the order or decree of a court, as belonging to any debtor to
the bank, or exposed to sale by the bank under a power of
sale given to it for that purpose, in cases in which, under
similar circumstances, an individual could so purchase,
without any restriction as to the value of the lands which
it may so purchase,_and may acquire a title thereto as any
individual purchasing at sheriff's sale, or under a power
of sale, in like circumstances, could do, and may take, have,
hold and dispose of the same at pleasure. 34 W., c. 5, s. 42;
—43 W., c. 22, s. 5.
50. The bank may acquire aid hold an absolute title in
or to land mortgaged to it as security for a debt due or owing
to it, either by obtaining a release of the equity of redemp-
tion in the mortgaged property, or by procuring a fore-
closure, or by other means whereby, as between individuals,
an equity of redemption can, by law, be barred, ~and may
purchase and acquire any prior mortgage or charge on such
land : Provided always, that no bank shall hold any real or
immovable property howsoever acquired, except such as is
required for its own use, for any period exceeding seven
years from the date of the acquisition thereof:
2. Every bank which violates any provision of this section
shall incur a penalty not exceeding five hundred dollars.
34 W., c. 5, S. 43 – 43 W., c. 22, s. 6;-46 W., c. 20, s.9, part.
51. Nothing in any charter, Act or law shall be construed
as ever having prevented or as preventing the bank from
acquiring and holding an absolute title to and in any such
mortgaged lands, whatever the value thereof may be, or
from exercising or acting upon any power of sale contained
in any mortgage given to it or held by it, authorizing or
enabling it to sell or convey away any lands so mortgaged.
34 W., c. 5, s. 44.
5*. Every bank advancing money in aid of the building
of any ship or vessel, shall have the same right of acquiring
and holding security upon such ship or vessel, while build-
ing and when completed, either by way of mortgage, hypo-
theque, hypothecation, privilege or lien thereon, or purchase
or transfer thereof, as individuals have in the Province
1614
1880. The Bank Act. Chap. 120.
17
wherein such ship or vessel is being built, and for that pur-
pose may avail itself of all such rights and means of obtain-
ing and enforcing such security, and shall be subject to all
such obligations, limitations and conditions as are, by the
law of such Province, conferred or imposed upon individuals
making such advances. 35 W., c. 8, s. 7.
58. In this section the expression “agent " means any
person intrusted with the possession of goods, wares and
merchandise, or to whom the same are consigned, or who
is possessed of any bill of lading, warehouse, wharfinger's
or cove-keeper's receipt or order for the delivery of goods,
Wares and merchandise, bill of inspection of pot or pearl
ashes, or any other document used in the course of business
as proof of the possession or control of goods, wares and
merchandise, or authorizing or purporting to authorize, either
by indorsement or by delivery, the possessor of such docu-
ment, to transfer or receive goods, wares and merchandise
thereby represented; and such person shall be deemed the
possessor of such goods, wares and merchandise or bill of
lading, warehouse, wharfinger's or cove-keeper's receipt or
order for the delivery of goods, wares and merchandise, bill of
inspection of pot or pearl ashes or other document as afore-
said, as well if the same are held by any person for him or
subject to his control as if he is in actual possession thereof:
43 W., c. 22, sch. A.
2. The bank may acquire almd hold any warehouse re-
ceipt or bill of lading as collateral security for the payment
of any debt incurred in its favor in the course of its banking
business; and the warehouse receipt or bill of lading so
acquired shall vest in the bank, from the date of the acqui-
sition thereof, all the right and title of the previous holder
or owner thereof, or of the person from whom such goods,
wares and merchandise were received or acquired by the
bank, if the warehouse receipt or bill of lading is made di-
rectly in favor of the bank instead of to the previous holder
or owner of such goods, wares and merchandise:
3. If the previous holder of such warehouse receipt or
bill of lading is the agent of the owner of the goods, wares
and merchandise mentioned therein, the bank shall be vested
with all the right and title of the owner thereof, subject to
his right to have the same re-transferred to him, if the debt,
as security for which they are held by the bank, is paid:
4. The bank shall not acquire or hold any warehouse re-
ceipt or bill of lading, to secure the payment of any bill,
note or debt, unless such bill, note or debt is negotiated or
contracted at the time of the acquisition thereof by the
bank,+ or upon the promise that such warehouse receipt or
bill of lading would be transferred to the bank; but such
bill, note or debt may be renewed or the time for the pay-
ment thereof extended, without affecting such security :
Interpretation
of “Agent.”
What shall be
deemed
possession.
Warehouse
. may
be taken as
collateral
security.
When pre-
vious holder
is an agent.
When such
security may
be acquired.
- 1615
18
Chap. 120. The Bank Act. 49 WICT.
Exchange of
warehouse
receipt for
bill of lading
and vice versá.
Penalty for
ContraVen-
tion ;
And for
making false
Statement.
When Ware-
houseman,
&c., is also
the Owner.
Sale of goods
on non-pay-
ment of debt.
As to goods
manufactured
from articles
pledged.
5. The bank may, on shipment of any goods, Wares and
merchandise, for which it holds a warehouse receipt, Sur-
render such receipt and receive a bill of lading in exchange
therefor, or, on the receipt of any goods, Wares and merchan-
dise for which it holds a bill of lading, it may surrender
such bill of lading, store such goods, wares and merchandise,
and take a warehouse receipt therefor, or may ship them or
part of them, and take another bill of lading therefor:
6. Every bank which violates any provision of this sec-
tion, shall incur a penalty not exceeding five hundred
dollars:
7. Every one is guilty of a misdemeanor and liable to im-
prisonment for a term not exceeding two years, who wilfully
makes any false statement in any such receipt, acknowledg-
ments or certificate as is, in this section, mentioned. 34 W.,
c. 5, ss. 65, part, and 67, part ;-43 W., c. 22, s. 7, part —46 W.,
c. 20, s. 9, part.
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 warehouse-
man, miller, saw-miller, maltster, manufacturer of timber,
wharfinger, master of a vessel, or other carrier by land or
by water, or by both, curer or packer of meat, tanner, dealer
in wool 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 mer-
chandise 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. 43 W., c. 22,
s. 7, part.
55. In the event of the non-payment at maturity of any
debt secured by a warehouse receipt or bill of lading, the
bank may sell the goods, wares and merchandise mentioned
therein, or so much thereof as will suffice to pay such debt
with interest and expenses, returning the overplus, if any, to
the person from whom such warehouse receipt or bill of
lading, or the goods, wares and merchandise mentioned
therein, as the case may be, were acquired ; but such power
of sale shall be subject to the provisions hereinafter made.
43 W., c. 22, s. 7, part.
56. If any miller, maltster, or packer or curer of pork,
grants a warehouse receipt for any cereal grains or hogs
which are manufactured into flour or malt, pork, bacon or
hams, respectively, while held thereunder, such warehouse
receipt shall vest in any bank which is or becomes the law-
ful holder thereof, all the right and title to such manufaç-
tured article, which such bank acquired, under such ware-
z
1616
1886. The Bank Act. Chap. 120. 19
house receipt, to the article described in such warehouse re-
ceipt, and so manufactured; and the bank shall continue to
hold the same and all such right and title, for the same pur-
poses and upon the same conditions as those upon which it
previously held such material. 43 W., c. 22, s. 7, part.
57. All advances, made on the security of any bill of Prior claim
lading or warehouse receipt, shall give, to the bank making º,
such advances, a claim for the repayment of such advances vendor.
on the goods, wares and merchandise therein mentioned, or
into which they have been converted, prior to and by pre-
ference over the claim of any unpaid vendor. 43 W., c. 22,
s. 7, part. - -
58. No sale without the consent in writing of the owner Notice to be
of any timber, boards, deals, staves, saw logs or other lum- #.
ber, shall be made under this Act until notice of the time .#" S.
and place of such sale has been given by a registered letter,
mailed in the post office to the last known address of the
pledger thereof, at least thirty days prior to the sale thereof;
and no goods, wares or merchandise, other than timber,
boards, deals, staves, saw logs or other lumber, shall be sold
by the bank under this Act without the consent of the
owner, until notice of the time and place of sale has been
given by a registered letter, mailed in the post office to the
last known address of the pledger thereof, at least ten days
prior to the sale thereof:
2. Every such sale of any article mentioned in this section, Sale by auc-
without the consent of the owner, shall be made by public : * *
auction, after a notice thereof by advertisement, stating the
time and place thereof, in at least two newspapers published
in or nearest to the place where the sale is to be made ; and
if such sale is in the Province of Quebec, then at least one
of such newspapers shall be a newspaper published in the
English language, and one other such newspaper shall be a
newspaper published in the French language. 43 W., c. 22,
s. 7, part.
59. The bank shall not make loans or grant discounts on No loan to be
the security of its own stock, but shall have a privileged ...,
lien, for any debt or liability for any debt to the bank, on the bank to have
shares and unpaid dividends of the debtor or person liable, ººk
and may decline to allow any transfer of the shares of such debts.
debtor or person until such debt is paid ; and, if such debt
is not paid when due, the bank may sell such shares, after
notice has been given to the holder thereof of the intention
of the bank to sell the same, by mailing such notice in the
post office to the last known address of such holder, at least
thirty days prior to such sale ; and, upon such sale being Transfer in
made, the president, Vice-president, manager or cashier shall case of sale.
execute a transfer of such shares to the purchaser thereof in
the usual transfer book of the bank, which transfer shall
1617
20 Chap. 120. The Bank Act. 49 WICT.
vest in such purchaser all the rights in or to such shares
which were possessed by the holder thereof, with the same
obligation of warranty on his part as if he were the vendor
thereof, but without any warranty from the bank or by the
officer of the bank executing such transfer : -
Penalty for 2. Every bank which violates any provision of this section
.." shall incur a penalty not exceeding five hundred dollars.
43 W., c. 22, s. 8, part —46 W., c. 20, s. 9, part.
Provision as $9. Nothing in this Act contained shall prevent the bank
*** from acquiring and holding, as collateral security for any
Security. ! <> 8- ) y y
- advance made by the bank, or debt due to the bank, or for
any credit or liability incurred by the bank to or on behalf
of any person (and either at the time of the making of such
advance, or the contracting of such debt, or the opening of
such credit, or the incurring of such liability), 1)ominion,
provincial, British or foreign public securities, or the stock,
bonds or debentures of municipal or other corporations,
except banks:
How collater- 2. Such stock, bonds, debentures or securities may, in case
#sºut of default to pay the debt for securing which they were so
with. acquired and held, be dealt with, sold and conveyed in like
manner and subject to the same restrictions as are herein
provided in respect of stock of the bank on which it has
Provision may acquired a lien under this Act; but the right to so deal with
*** and dispose of such stock, bonds, debentures or securities in
manner aforesaid may be waived or varied by any agreement
between the bank and the owner of such stock, bonds, deben-
tures or securities, made at the time at which such debt was
incurred,—or, if the time of payment of such debt has been
extended, then by an agreement made at the time of such
extension. 43 W., c. 22, s. 8, part.
No penalty &B. The bank shall not be liable to incur any penalty or
*** forfeiture for usury; and may stipulate for, take, reserve or
exact any rate of interest or discount not exceeding seven
per centum per annum, and may receive and take in advance
any such rate, but no higher rate of interest shall be recover-
What interest able by the bank; and the bank may allow any rate of interest
:** whatever upon money deposited with it. 3.; W., c. 5, s. 52.
Nºº ** No promissory note, bill of exchange or other negoti-
ground of" able security, discounted by or indorsed or otherwise assigned
usury. to the bank, shall be held to be void, usurious or tainted by
usury, as regards such bank or any maker, drawer, acceptor,
indorser or indorsee thereof, or other party thereto, or bond
ſide holder thereof, nor shall any party thereto be subject to
any penalty or forfeiture, by reason of any rate of interest
taken, stipulated or received by such bank, on or with respect
to such promissory note, bill of exchange, or other negotiable
security, or paid or allowed by any party thereto to another
in compensation for, or in consideration of the rate of inter-
1618
1886. The Bank Act. Chap. 120.
est taken or to be taken thereon by such bank; but no party
thereto, other than the bank, shall be entitled to recover or
liable to pay more than the lawful rate of interest in the
Province where the suit is brought, nor shall the bank be
entitled to recover a higher rate than seven per cent. per
annum ; and no innocent holder of or party to any promis-
sory note, bill of exchange or other negotiable security, shall,
in any case, be deprived of any remedy against any party
thereto, or liable to any penalty or forfeiture, by reason of
any usury or offence against the laws of any such Province,
respecting interest, committed in respect of such note, bill or
negotiable security, without the complicity or consent of
such innocent holder or party. 35 V., c. 8, s. 2.
, 63. The bank may, in discounting at any of its places of
business, branches, agencies or offices of discount and de-
posit, any note, bill or other negotiable security or paper
As to innocent
holders.
Collection
fees.
payable at any other of its own places or seats of business,
branches, agencies or offices of discount and deposit in Can-
ada, receive or retain, in addition to the discount, any amount
not exceeding the following rates per centum, according to
the time it has to run, on the amount of such note, bill or .
other negotiable security or paper, to defray the expenses
attending the collection thereof, that is to say: under thirty
days, one eighth of one per cent.—thirty days or over, but
under sixty days, one-fourth of one per cent.—sixty days and
over, but under ninety days, three eighths of one per cent.—
ninety days and over, one half of one per cent. 34 W., c. 5,
S. j
64. The bank may, in discounting any note, bill or other
negotiable security or paper, bond fide payable at any place
in Canada, different from that at which it is discounted, and
other than one of its own places or seats of business, branches,
agencies or offices of discount and deposit in Canada, receive
and retain in addition to the discount thereon, a sum not
exceeding one half of one per centum on the amount thereof,
to defray the expense of agency and charges in collecting the
same. 34 W., c. 5, s. 54. -
65. The bank may receive deposits from any person whom-
soever, whatever is his age, status or condition in life, and
whether such person is qualified by law to enter into ordi-
mary contracts or not ; and, from time to time, may repay any
or all of the principal thereof, and may pay the whole or
any part of the interest thereon to such person, without the
authority, aid, assistance or intervention of any person or
official being required, unless before such repayment the
money so deposited in and repaid by the bank is lawfully
claimed as the property of some other person, in which case
it may be paid to the depositor with the consent of the
claimant, or to the claimant with the consent of the deposi-
Agency fees.
Deposits may
be received
from persons
unable to
Contract.
24% 1619 - * .
22
Chap. 120. The Bank Act 49 WICT.
Proviso:
8,000ll Int
limited.
Bank not
bound to see
to trusts in
relation to
such deposits.
Monthly
returns to
Government.
Penalty for
not making up
monthly
returns in
due time.
Special
returns may
be called for.
tor: Provided always, that if the person making any such
deposit, could not, under the law of the Province where the
deposit is made, deposit and withdraw money in and from a
bank without this section, the total amount to be received
from such person on deposit shall not, at any time, exceed the
sum of five hundred dollars:
2. The bank shall not be bound to see to the execution.
of any trust, whether expressed, implied or constructive, to
which any deposit made under the authority of this section is
subject; and except only in the case of a lawful claim, by some
other person before repayment, the receipt of the person in
whose name any such deposit stands, or if it stands in the
mame of two persons the receipt of one, and if in the names
of more than two persons the receipt of a majority of such
persons, shall be a sufficient discharge to all concerned for
the payment of any money payable in respect of such de-
posit, notwithstanding any trust to which such deposit is
then subject, and whether or not the bank sought to be
charged with such trust (and with whom the deposit has
been made), had notice thereof; and the bank shall not be
bound to see to the application of the money paid upon such
receipt. 35 V., c. 8, ss. 3 and 4.
RETURNS BY THE BANK.
66. Monthly returns shall be made by the bank to the
Minister of Finance and Receiver General in the form set
forth in schedule B to this Act, and shall be made up and
sent in within the first twenty days of each month, and
shall exhibit the condition of the bank on the last juridical
day of the month next preceding; and such monthly returns
shall be signed by the chief accountant and by the president,
or vice-president, or the director (or, if the bank is en com-
mandite, the principal partner) then acting as president, and
by the manager, cashier or other principal officer of the bank
at its chief place of business:
2. Every bank which neglects to make up or to send in as
aforesaid any monthly return required by this section of
this Act within the time thereby limited shall incur a penalty
of fifty dollars for each and every day after the expiration of
the time hereby limited during which the bank neglects so
to make up or send in such return ; and the date upon
which it appears by the Post Office stamp or mark upon the
envelope or wrapper enclosing such return for transmission
to the Minister of Finance and Receiver General, that the
same was deposited in the Post Office, shall be taken primá.
facie, for the purposes of this section, to be the date upon
which such return was made up or sent in. 34 W., c. 5, s. 13;
—43 W., c. 22, s. 4, part –46 W., c. 20, s. 7.
67. In addition to the returns specified in the next pre-
ceding section, the Minister of Finance and Receiver General
may call for special returns from any particular bank, when-
1620
1886. The Bank Act. Chap. 120. 23
ever, in his judgment, the same are necessary to afford a full
and complete knowledge of its condition. 43 W., c. 22, s. 4,
part.
68. Certified lists of the shareholders (or of the principal Transmission
partners, if the bank is en commandite), with their additions ::::::::...
and residences, and the number of shares they respectively holders to
hold, and the value at par of the said shares, shall be trans- º”
mitted every year to the Minister of Finance and Receiver
General, before the day appointed for the opening of the
session of Parliament, and shall be by him laid before Parlia-
ment within fifteen days after the opening of the then next
session ; and such transmission shall be made by the deliv-
ery of such lists at the Department of Finance, or by regis-
tered post-letter, posted at such time that, in the ordinary
course of the post, it may be delivered at the Department of
Finance before the day appointed for the opening of the
session :
2. Every bank which neglects to transmit to the Minister of Penalty for
Finance and Receiver General the lists mentioned in this ...ºn
section, within the time limited thereby, shall incur a pen- lists.
alty of fifty dollars for each and every day during which
such neglect continues. 46 W., c. 20, s. 2.
69. The annual returns required by this Act shall be made Annual
up to the thirty-first day of December, in the year next pre- *
ceding each session of Parliament. 46 W., c. 20, s. 12.
INSOLVENCY.
70. In the event of the property and assets of the bank Liability of
being insufficient to pay its debts and liabilities, the share- jºrs
holders of the bank shall be liable for the deficiency so far insufficiency
as that each shareholder shall be so liable to an amount, *
over and above any amount not paid up on his shares, equal
to the amount of such shares. 34 W., c. 5, s. 58, part.
71- Any suspension by the bank of payment of any of its suspension
liabilities as they accrue, in specie or Dominion notes, shall, ...”
if it continues for ninety days, constitute the bank insolvent insolvency.
and operate a forfeiture of its charter or Act of incorporation,
so far as regards the issue or re-issue of motes and other bank-
ing operations; and the charter or Act of incorporation shall
remain in force only for the purpose of enabling the direc-
tors or other lawful authority to make the calls mentioned
in the next following section of this Act and to wind up its
business. 34 W., c. 5, s. 57.
72. If any suspension of payment in full in specie or Calls in such
Dominion notes, of all or any of the notes or other liabilities cases.
of the bank continues for six months, and if no proceedings
are taken under any general or special Act for the winding
24.3% 1621
Chap. 120. The Bank Act. 49 WICT.
How Such
calls shall be
made and
enforced.
{efusal to
make calls
under this
section a mis-
demeanor.
*Calls under
winding-up
Act.
Forfeiture for
non-payment.
Liability of
directors not
diminished.
As to banks en
Com?nd nilute.
Łiability of
shareholders
who have
transferred
their stock.
up of the bank, the directors shall make calls on such share-
holders, to the amount they deem necessary to pay all the
debts and liabilities of the bank, without waiting for the
collection of any debts due to it or the sale of any of its
assets or property: ... **
2. Such calls shall be made at intervals of thirty days
and upon notice to be given thirty days at least prior to the
day on which such call shall be payable, and any number
of such calls may be made by one resolution ; any such call
shall not exceed twenty per cent. On each share ; and pay-
ment of such calls may be enforced in like manner as payment
of calls on unpaid stock may be enforced ; and the #. of
such calls may be made within ten days after the expiration
of the said six months : - .
3. Every director who refuses to make or enforce, or to
concur in making or enforcing any call under this section,
is guilty of a misdemeanor, and liable to imprisonment for
any term not exceeding two years, and shall further be per-
sonally responsible for any damages suffered by such default.
34 V., c. 5, s. 58, part, and Ss. 63 and 67, part.
73. In the event of proceedings being taken under any
general or special winding-up Act, in consequence of the
insolvency of the bank, the said calls shall be made in the
manner prescribed for the making of such calls in such gen-
eral or special winding-up Act.
74. Any failure on the part of any shareholder liable to
any such call to pay the same when due, shall operate a
forfeiture by such shareholder of all claim in or to any part
of the assets of the bank,--such call and any further call
thereafter being nevertheless recoverable from him as if no
such forfeiture had been incurred. 34 W., c. 5, s. 58, part.
75. Nothing in the five sections next preceding contained
shall be construed to alter or diminish the additional lia-
bilities of the directors as hereinbefore mentioned and de-
clared. 34 W.; c. 5, s. 58, part.
76. If the bank is en commandite and the principal part-
mers are personally liable, then, in case of any such suspen-
sion, their liability shall at once accrue and may be enforced
against such principal partners, without waiting for any
sale or discussion of the property or assets of the bank, or
other preliminary proceedings whatsoever, and the provision
respecting calls shall not apply to such bank. 34 W., c. 5,
s. 58, part. -
77. Persons who, having been shareholders in the bank,
have only transferred their shares or any of them to others,
or registered the transfer thereof within one month before
the commencement of the suspension of payment by the bank,
1622
1886. The Bank Act. Chap. 120.
shall be liable to all calls on such shares, as if they had not
transferred theºn, saving their recourse against those to whom
they were transferred. 34 W., c. 5, s. 59, part.
78. If the bank is en commandite, the liability of the
principal partners and of the commanditaires shall continue
for such time after their ceasing to be such as is provided in
the charter of the bank, and the foregoing provisions with
respect to the transfer of shares or calls shall not apply to
such bank. 34 W., c. 5, s. 59, part.
79. The payment of the notes issued by the bank and
intended for circulation, them outstanding, shall be the first
charge upon the assets of the bank in case of its insolvency.
43 W., c. 22, s. 12, part,
OFFENCES AND PENALTIES.
80. Every one is guilty of a misdemeanor and liable to
imprisonment for a term not exceeding two years who, being
the president, vice-president, director, principal partner en
commandite, manager, cashier or other officer of the bank,
wilfully gives or concurs in giving any creditor of the bank
any fraudulent, undue or unfair preference over other credi-
tors, by giving security to such creditor or by changing the
nature of his claim or otherwise howsoever, and shall further
be responsible for all damages sustained by any person in
consequence of such preference. 34 W., c. 5, ss. 61 and 67, part.
he making cf any wilfully false or deceptive state-
ment in any account, statement, return, report or other docu-
ment respecting the affairs of the bank is, unless it amounts
to a higher offence, a misdemeanor punishable by imprison-
ment for a term not exceeding two years; and every presi-
dent, Vice-president, director, principal partner en comman-
dite, auditor, manager, cashier or other officer of the bank, who
prepares, signs, approves or concurs in such statement, re-
turn, report or document, or uses the same with intent to
deceive or mislead any person, shall be held to have wilfully
made such false statement, and shall further be responsible
for all damages sustained by such person in consequence
thereof. 34 W., c. 5, ss. 62 and 67, part.
S2. Every person, firm or company assuming or using
the title of “bank,” “banking company,” “banking house,”
“banking association" or “banking institution,” without
adding to the said designation the words “not incorporated,”
or without being authorized so to do by this Act, or by some
other Act in force in that behalf, is guilty of a misdemeanor
and shall incur a penalty not exceeding one thousand dollars.
43 W., c. 22, s. 10;-46 W., c. 20, s. 8.
Liability if
bank is en
commandile-
Notes to be
first charge
On a S$6ts.
President, &c.,
giving undue
preference to
any creditor,
guilty of a
misdemeanor.
Making false
Statement in
returns, &c.,
a misde-
meanor, &c.
Unauthorizefl,
use of title
“Bank,” &c.,
a mis-
demeanor.
1623
26
Chap. 120. The Bank Act. 49 WICT.
Penalty for
unauthorized
issue of notes
for circula-
tion.
What shall be
deemed such
notes.
How notices
shall be given,
Bank subject
to any gell-
eral Act.
How certain
banks may
come under
this Act.
S3. Every person or corporation, except a chartered bank,
who issues or re-issues, makes, draws or ºdorses any bill,
bond, note, cheque or other instrument, intended to circu-
late as money, or to be used as a substitute for money, for any
amount whatsoever, shall incur a penalty of four hundred
dollars, which shall be recoverable with costs, in any court
of competent jurisdiction, by any person who sues for the
same; and a moiety of such penalty shall belong to the per-
son suing for the same, and the other moiety to Her Majesty
for the public uses of Canada :
2. The intention to pass ally such instrument as money,
shall be presumed, if it is made for the payment of a less sum
than twenty dollars, and is payable either in form or in fact
to the bearer thereof, or at sight, or on demand, or at less than
thirty days thereafter, or is over due, or is in any way calculat-
ed or designed for circulation, or as a substitute for money :
unless such instrument is a cheque on some chartered bank,
paid by the maker directly to his immediate creditor, or a pro-
missory note, bill of exchange, bond or other undertaking, for
the payment of money paid or delivered by the maker thereof
to his immediate creditor, and is not designed to circulate as
a substitute for money. 34.V., c. 5, s. 68, part.
NOTICES.
84. The several public notices by this Act required to be
given, shall be given by advertisement in one or more of the
newspapers published at the place where the head office of
the bank is situate, and in the Canada Gazette. 34 W., c. 5, s. 69.
FUTURE LEGIST, ATION.
85. The bank shall always be subject to any general pro-
visions respecting banks which Parliament deems necessary
in the public interest. 34 V., c. 5, s. 71.
SPECIAT, PROVISIONS AS TO CERTAIN BANIXS.
$6. This Act shall not apply to any bank in existence
at the commencement of the section of the Parliament
of Canada held in the forty-third year of Her Majesty's
reign, which is not mentioned in schedule A to this Act
(except the Bank of British North America, La Banque du
Peuple and the Bank of British Columbia, to the extent
hereinafter mentioned), unless the directors of such bank, by
special resolution, apply to the Treasury Board, to have the
provisions of this Act extended to such bank, nor unless the
Treasury Board allows such application; and upon publica-
tion in the Canada Gazette of such resolution, and of the
minute of the Treasury Board thereon, allowing such appli-
cation, such bank shall come under the provisions of this
Act. 34 W., c. 5, s. 73;-43 W., c. 22, ss. 1 and 11.
1624
1886. The Bank Act. Chap. 120. 27
87. The Bank of British North America, which, by the What sections
terms of its present charter, is subject to the general laws of ... º
Canada with respect to banks and banking, shall not issue B. N. A.
or re-issue in Canada, any note for a less sum than five
dollars, or for any sum not being a multiple of five dollars;
and any such note of the said bank outstanding shall be
called in and redeemed as soon as practicable: and the pro-
Visions contained in the second, fourteenth, thirty-ninth,
forty-first, forty-second, forty-fourth, fifty-second, fifty-third,
fifty-fourth, fifty-fifth, fifty-sixth, fifty-seventh, fifty-eighth,
fifty-ninth, sixtieth, sixty-first, sixty-second, sixty-third, sixty-
fourth, sixty-fifth, sixty-sixth, sixty-seventh, sixty eighth,
sixty-ninth, seventy-ninth, eightieth, eighty-first, eighty-
fourth and eighty-fifth sections of this Act shall apply to
the said bank; and those contained in the other sections of
this Act shall not apply to it. 34 W., c. 5, s. 72;-35 V., c. 8,
S. 3;-40 W., c. 54;-43 W., c. 22, s. 1;-46 W., c. 20, ss. 1 and
12, part.
88. All the provisions of this Act, except those contained in What provi-
sections three, four, five, six, seven, eight, ten, eleven, twelve, .*.*,
thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, Banque du
twenty-three, twenty-four, twenty-five, seventy, seventy- Peuple.
one, seventy-two, seventy-three, seventy-four, seventy-five,
seventy-six, seventy-seven, seventy-eight, eighty-six, eighty-
seven and eighty-nine, and so much of section nine, as is
declared not to apply to the banks en commandite, shall apply
to La Banque du Peuple: Provided, that wherever the word i: as to
“directors” is used in any of the sections which apply to e
the said bank, it shall be read and construed as meaning
the principal partners or members of the corporation of the
said bank; and so much of the Act incorporating the said Inconsistent
bank or of any Act amending or continuing it as is incon- ..."
sistent with any section of this Act applying to the said
bank, or which makes any provision in any matter provided
for by the said sections, other than such as is hereby made,
is hereby repealed. 34 W., c. 5, s. 75. I
S9. The provisions contained in the second, twenty- !. *ial
seventh, twenty-eighth, thirty-ninth, fortieth, forty-first, apply toº.
forty-second, forty-fourth, forty-fifth, forty-seventh, forty- Bank of B. G.
eighth, forty-ninth, fiftieth, fifty-first, fifty-third, fifty-fourth,
fifty-fifth, fifty-sixth, fifty-seventh, fifty-eighth, fifty-ninth,
sixtieth, sixty-first, sixty-second, sixty-third, sixty-fourth,
sixty-fifth, sixty-sixth, sixty-seventh, sixty-eighth, sixty-
ninth, seventy-ninth, eightieth, eighty-first, eighty-fourth
and eighty-fifth sections of this Act shall apply to the Bank
of British Columbia :
2. The chief seat of business of the said bank shall, for ; seat of
the purposes of the several portions of this Act hereby made ""
applicable to the said bank, be the office of the bank at Wic-
toria, in the Province of British Columbia. 48-49 W., c. 83,
ss. 1, 2, 3 and 4. -
1625
SCHEDULE A.
BANKS WHOSE CHARTERS ARE CONTINUED BY THIS ACT.
. The Bank of Montreal.
. The Quebec Bank.
. La Banque du Peuple.
The Consolidated Bank.
Molsons Bank.
The Bank of Toronto.
The Ontario Bank.
The Eastern Townships Bank.
La Banque Nationale.
10. La Banque Jacques Cartier.
11. The Merchants' Bank of Canada.
12. The Union Bank of Lower Canada.
13. The Canadian Bank of Commerce.
14. The Mechanics' Bank.
15. The Dominion Bank.
16. The Merchants' Bank of Halifax.
17. The Bank of Nova Scotia.
18. The Bank of Yarmouth.
19. The Bank of Liverpool.
20. The Exchange Bank of Canada.
21. La Banque Ville Marie.
22. The Standard Bank of Canada.
23. The Bank of Hamilton.
24. The Halifax Banking Company.
25. The Maritime Bank of the Dominion of Canada.
26. The Federal Bank of Canada.
27. La Banque d'Hochelaga.
28. The Stadacona Bank.
29. The Imperial Bank of Canada.
30. The Pictou Bank.
31. La Banque de St. Hyacinthe.
32. The Bank of Ottawa.
33. The Bank of New Brunswick.
34. The Exchange Bank of Yarmouth.
35. The Union Bank of Halifax.
36. The People's Bank of Halifax.
37. La Banque de St. Jean.
38. The Commercial Bank of Windsor.
43 W., c. 22, Schedule B ;-44 W., c. 9;-48-49 W., c. 84, s. 1.
SCHEdule B.
Return of the liabilities and assets of the
Oll day of , A.D., 18
Capital authorized............... ........;
Capital subscribed........................ $
Capital paid up......... ..................5
Amount of rest or reserve fund....... $
Rate per cent of last dividend de-
clared....................... ................ per cent.
The Bank Act.
Chap. 120.
6.
Q
10.
11.
12.
13.
14.
;
IIIABILITIES.
Notes in circulation...................... $
Dominion Government deposits pay-
able on demand.......................
. Dominion Government deposits pay-
able after notice or on a fixed
y
. Deposits held as security for the
execution of Dominion Govern-
ment contracts and for insurance
COID DallleS . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Provincial Government deposits
payable ori demand..................
Provincial Government deposits
payable after notice or on a fixed
day............ tº ſº º º sº º º te tº as tº dº ſº tº º ſº tº de e º e º 'º º e g º
Other deposits payable on de-
mand...... ..............................
Other deposits payable after no-
tice or on a fixed day................
. Loans from or deposits made by
other banks in Canada, secured...
Loans from or deposits made by
other banks in Canada, unse-
cured........................ ............
Due to other banks in Canada........
Due to agencies of the bank or to
other banks or agencies in foreign
countries........ . .......................
Due to agencies of the bank, or to
other banks or agencies in the
United Kingdom.....................
Liabilities not included under fore-
going heads............................
Specie......................................... $
Dominion notes..................... § 0 C Q @ tº
. Notes of and cheques on other
banks.....................................
Balances due from other banks in
Balances due from agencies of the
bank or from other banks or
agencies in foreign countries......
. Balamces due from agencies of the
bank or from other banks or
agencies in the United Kingdom.
1627
30
49 WICT.
Chap. 120. The Bank Act.
7.
8. Provincial, British or foreign or
9.
10.
11. Loans, discounts, or advances for
13.
14.
15.
16.
17.
18.
19.
20.
Dominion Government debentures
or stocks...... ............. ............
colonial public securities other
than Canadian............
Loans to the Government of Čan. -
ada e e e e e e o 'º e º e º sº e º e º e s e s is e º a e s e a tº e º 'º e e s e s a
Loans to Provincial Governments....
which stock, bonds or deben-
tures of municipal or other cor-
porations, or Dominion, Provin-
cial, British or foreign or colonial
public securities other than Can-
adian, are held as collateral secur-
ities .................... © - e º 'º e º e e º e º 'º ſº tº ſº e e
. Loans, discounts or advances on
current account to municipal cor-
porations............... e e o e s e e e o sº e g º e s a o
Loans, discounts or advances on
current account to other corpora-
tions. ................ tº º e º 'º - e. e e º e º e º ºs e º e e ºs
Loans to or deposits made in other
banks, secured...... e - e. e. e. e. e º e º 'º e º 'º e º e º º
Loans to or deposits made in other
banks, unsecured....................
Other current loans, discounts and
advances to the public..............
Notes and bills discounted over-
due and not specially secured.....
Other overdue debts not specially
secured............ .....................
Notes and bills discounted over-
due and other overdue debts
secured, by mortgage or other
deed, on real estate or by deposit
of or lien on stock, or by other
Teal estate, the property of the
bank (other than the bank pre-
mises)....................................
. Mortgages on real estate sold by
the bank......... .......................
Bank premises.............. & e º e º 'º e º e º 'º is e º s
3. Other assets not included under
the foregoing heads..................
Aggregate amount of loans to and liabilities, direct or
indirect, of directors, and firms or partnerships in which
they or any of them have any interest, $
1628
1886. The Bank Act. Chap. 120.
31
Average amount of specie held during the month, $
Average amount of Dominion Notes held during the
month, $
. I declare that the above return has been prepared under
my directions and is correct according to the books of the
bank.
E. F.,
Chief Accountant.
We declare that the foregoing return is made up from the
books of the bank, and that to the best of our knowledge
and belief it is correct, and shows truly and clearly the
financial position of the bank; and we further declare that
the bank has never, at any time during the period to which
the said return relates, held less than forty per cent. of its
cash reserves in Dominion notes.
(Place) this day of
A. B., President.
C. D., General Manager.
43 W., c. 22, s. 4, part ;-46 W., c. 20, s. 6.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
w Excellent Majesty.
1629
de Oxo. the Ministy
nister.”
ce and Receiver General : \.
Z) The expression “agent” inº
*neral. 34 W., c. 6, s. 1, part. s
Agent.”
s
ESTABILISHMENT OF SAVIN ( \
2. The Governor in Council may, from time tº time, ap-flºº
point at each of the cities of Toronto, Montreal, Halifax, St. §ºmay
John, N.B., and at any place within the Provinces of Brit- be appointed
ish Columbia, Prince Edward Island and Manitoba, and at iº 8.1 Il
any place within any Province which shall hereafter form
part of Canada, a person who shall be called an Assistant
Receiver General ; and the Governor in Council may also Šayings
* * - & & 8 & * banks may
establish a savings bank at each of the said cities and at any statiºned
place in each of the said Provinces, and in any Province at such
which shall hereafter form part of Canada-of which savings "“
banks respectively, the Assistant Receiver General appointed
for the city or place where the savings banks are respectively
established, shall have the management :
2. The Governor in Council may also establish, in any And at other
other places in the Provinces of Nova Scotia and New Bruns- places.
wick, branch savings banks, and may appoint persons as
agents for the management thereof. 34 V., c. 6, s. 1, part,
and s. 18, part.
DEPOSITS AND DUTIES OF OFFICERS.
3. Every agent shall, under regulations from time to time Bºy
made in that behalf by the Treasury Board, with the approval
of the Governor in Council, receive deposits of money on
account of the Minister, and shall repay the same with in-
terest to the depositor as hereinafter provided :
2. Such of the collectors of customs, in the Province of Pºsis. With
* tº & & * collectors of
New Brunswick as are authorized to receive deposits of
1631















ºrk and servant employed
And oath
taken.
Form of oath.
From whom
deposits may
be received
and to whom
payments
may be
made.
with and has the custody of
ities, shall, before entering upd
employment, give such security for
the same, and for the due account-
ing for all such ! as is required of him by the Treasury
Board ; and shallºgiso take an oath or affirmation before a
justice of the peace, faithfully to perform his said duties;
which oath or affirmation any justice of the peace is hereby
authorized to administer : -
2. Such oath or affirmation shall be in the form following,
or in words to the same effect, that is to say :- -
“I, A. B., of being duly sworn, swear,
“(or do solemnly affirm) that so long as I am employed in
“assisting to carry out the provisions of the Act intituled
“‘An Act respecting Government Savings Banks,' I will per-
“form faithfully and to the best of my ability the duties that
“are assigned to me.
“And I have signed,
IOly
the S
the faithful's
“Sworm (or affirmed) at this
“day of , 18 , before me, A. B.,
“Justice of the Peace for the of º
34 W., c. 6, s. 11.
6. Every agent appointed to receive deposits may receive
deposits from any person, whatever is his status or condition
in life, and whether such person is qualified by law to enter
into ordinary contracts or not; and, from time to time, may
pay any or all of the principal thereof and the whole or any
part of the interest thereon to such person, without the
authority, aid, assistance or intervention of any person or
official being required, notwithstanding any law, usage or
1632











gº"that is to
inister, at such times Report to
Minister.
€
Tfbed by the regulations under
red by him ;
b.) At such times as are prescribed by the regulations made Periodical
fider this Act, but not at less intervals than the beginning ...
each calendar month, the officer appointed thereto by the to deposit
Minister shall send, by mail, to each depositor, to the address *
given by him, a notice stating the amount deposited by him
since the statement of the same kind then last sent to him,
if any, and the total amount then at his credit; and the
amount mentioned in such notice, and no more, shall be
the amount for which the Crown shall be liable, up to the
last deposit therein mentioned, unless the depositor, within
thirty days after the receipt of such notice, notifies the Min-
ister, in such manner as is prescribed by the regulations then
in force, that there is some error and what error, in such
motice,—in which case the amount shall be ascertained, and
the depositor shall be motified accordingly. 34 W., c. 6, s. 2.
y
i
9. Every agent shall, at such times as are prescribed by Disposal of
the regulations then in force, pay in to the account of the º
Minister, at such bank as is prescribed by the Minister, all withdrawals.
moneys received on deposit, and he shall pay all moneys
which are withdrawn in such manner as by the said regu-
Mations is prescribed :
1633






deposit is the T
Certain pay-
ments valid.
Deposits to
form part of
Con. Rev,
Fund, &c.
Governor in
Council may
make regula-
to be charged with
was made, or his suggessos
Agent or any other officer of theº
to see to the application of the money
34 W., c. 6, s. 8.
º
pon such receipt
13. Every payment made in good faith to any person
who appears primá facie, by the production of a declaration
in writing and documents in support thereof, made under
the provisions of this Act, to be entitled to any deposit or
interest, shall be valid and shall discharge the Crown and
the agent with whom the deposit has been made, and his
successors and all who might otherwise be liable, from all
or any further claim by any person whomsoever for such
deposit or interest. 34 W., c. 6, s. 9.
14. All moneys deposited under this Act shall form part
of the Consolidated Revenue Fund of Canada, and all moneys
and interest paid to depositors, and all expenses incurred in
maintaining the savings banks established under this Act,
shall be paid out of the Consolidated Revenue Fund of
Canada. 34 W., c. 6, s. 22, part.
REGULATIONS.
15. The Governor in Council may make regulations for
prescribing the mode of keeping, examining, inspecting,
1634










Page Missing
in Original
Volume




Page Missing
in Original
Volume


º “ º ‘.” º ** ****
CHAPTER 122.
An Act respecting certain Savings Banks in the Provinces A. D. 1886.
of Ontario and Quebec.
ETER Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:–
1. In this Act, unless the context otherwise requires, the Interpreta-
expression “the bank” means any savings bank to which º bank.”
this Act applies. 10 08 Ilk.
CHARTERS CONTINUED.
* The charters of the several savings banks to which Charters con-
charters were granted by the Governor General in accord- i."
ance with the Act passed by the Parliament of Canada in conditions.
the thirty-fourth year of Her Majesty's reign, chapter seven, . .
—to all of which this Act applies, are hereby continued and
shall remain in force until the first day of July in the year
one thousand eight hundred and ninety-one, except in so
far as they or any of them are or become forfeited or void
under the terms thereof, or of this Act, or of any other Acts
heretofore or hereafter passed relating to the said savings
banks, by non-performance of the conditions of such charters
respectively, or by insolvency or otherwise, 44 W., c. 8,
SS. 1 and 5. g
INTERNAL REGULATIONS.
3. Public notice shall be given by the directors of the Notice of
bank of the holding of annual or other meetings, by pub- ****
lishing the same for at least four weeks in a newspaper at
the place where the head office of the bank is situate; and
if such head office is in the Province of Quebec, such notice
shall be given both in the English and French languages.
44 W., c. 8, s. 3.
4. The qualification of a director shall be the holding of Qualification
twenty-five shares of stock; and the directors shall be elected .
annually at a general meeting of the shareholders, and shall º
be eligible for re-election : -
2. Each shareholder shall, on every occasion on which Votes on
the votes of the shareholders are taken, have one vote for *
each share held by him for at least three months before the
time of voting:


25.4% - 1637
2
Chap. 122. Savings Banks in Ontario and Quebec. 49 VICT.
Proxy.
Officer not to
VOte.
Director
becoming
insolvent, &c
Failure to
elect direc-
tors, how
remedied.
Calls on
stock.
Proviso.
Recovery of
calls by ac-
tion and proo
in such case,
3. Shareholders may vote by proxy, but no person but a
shareholder shall vote or act as such proxy:
4. No cashier, bank clerk or other officer of the bank shall
vote either in person or by proxy, or hold a proxy for that
purpose :
5. Every director of the bank who becomes openly and
motoriously insolvent, or assigns his estate and effects for
the benefit of his creditors, or absents himself, without the
consent of the board, for twelve consecutive months from
the meetings of the directors, or is convicted of any felony,
shall thereupon, ipso facto, cease to be a director, and the
vacancy so created shall forthwith be filled up in the man-
ner provided by the charter. 34 W., c. 7, ss. 7 and 27.
5. No failure to elect directors of the bank shall operate
any dissolution of the corporation ; but in case of such fail-
ure to elect, the required election shall be made as soon
thereafter as possible, at a special meeting of the share-
holders, which the directors are hereby authorized to call
for that purpose; and until such subsequent election takes
place, the official acts of the directors holding office shall be
valid. 34 W., c. 7, s. 26. &
CALLS.
6. The directors may call up the stock subscribed for
and remaining unpaid, by calls not exceeding five per cent.,
made at intervals of not less than three months, whenever
it is, in their opinion, necessary or expedient to make such
calls; and all stock when paid up shall be invested in the
manner hereinafter provided as to the investment of moneys
deposited with the bank : Provided, that the limitation of
the amount of any call, or of the intervals at which calls
may be made, shall not apply to the case of deficiency of the
funds of the bank to meet the claims of depositors and other
liabilities hereinafter provided for. 34 W., c. 7, s. 9;-36 W.,
c. 72, s. 1, part.
7. The amount of every such call, if not paid when due,
f may be recovered with interest by the directors, in the name
of the bank, in any court having jurisdiction to the amount;
and in any action for the recovery thereof, it shall be suf-
ficient to allege and prove the charter, and that the calls
were made under this Act, and that the defendant is the
holder of a share or shares in respect of which the amount
is due, without alleging or proving any other matter or
thing whatsoever; and the evidence of any officer of the bank,
cognizant of any fact required to be proved, shall be suf-
ficient proof thereof; and any copy of the charter, purporting
to be certified as a true copy thereof by the Secretary of
State of Canada, shall be deemed authentic and shall be
primá facie evidence of the charter and of the contents
thereof. 34 W., c. 7, s. 10. -
1638
1886. Saving's Banks in Ontario and Quebec. Chap. 122 3
TIABILITY OF SHAREHOIDERS.
S. The shareholders of the bank shall, in the event of its Liability of
funds in money and assets immediately convertible into "...”.”
money becoming insufficient to satisfy its debts and liabili-deficiency of
ties, be liable for the deficiency, so far as that each share- *
holder shall be liable to an amount equal to the amount, if
any, not paid up, of his shares, and no more; and the direc- Calls in such
tors may and shall make calls on the stock not paid up to the *
full amount not paid up, or to such less amount as they
deem necessary to pay all such claims and other liabilities,
without waiting for the collection of any debts due to the
bank, or the sale of any of its assets or property :
2. Such calls shall be made at intervals of thirty days, Intervals and
and upon notice to be given thirty days at least prior to the *
day on which the call is payable :
3. No such call shall exceed twenty per cent. On each ãº. and
share, and payment thereof may be enforced in the manner *
hereinbefore provided as to calls on unpaid-up stock :
4. The first of such calls shall be made within ten days First call.
after such deficiency is ascertained:
5. Failure, on the part of any shareholder liable to such Effect of fail-
call, to pay the same when due, shall operate a forfeiture by ****
such shareholder of all claim in or to any part of the assets
of the bank; but such call and any further call thereafter
shall nevertheless be recoverable from him as if no such
forfeiture had been incurred: -
6. Every director who refuses to make or enforce, or to ºf
Concur in making or enforcing any call under this section, is .."
guilty of a misdemeanor and shall be personally responsible such call.
for any damages suffered by reason of such default: and
every liquidator or other officer or person appointed to wind
up the affairs of the bank, in case of its insolvency, shall
have the powers of the directors with respect to such calls.
34 W., c. 7, s. 11 and s. 12, part. -
9. Persons who, having been shareholders in the bank, ºr
have only transferred their shares or any of them to others º
or registered the transfer thereof, within one month before
the commencement of the failure of the bank to meet the
claims of its depositors on demand, shall be liable to calls
On such shares under the next preceding section, as if they
had not transferred them, saving their recourse against those
to whom they were transferred. 34 W., c. 7, s. 12, part.
DIVIDENDS.
19. The directors of the bank shall make half-yearly divi- Dividends and
dends of so much of the profits of the bank as to the majority ..."
of them seems advisable, and as is not inconsistent with
the provisions of this Act, and they shall give public notice
of the payment of such dividends at least thirty days pre-
viously, in the manner herein provided, as to notices of
meetings. 44 W., c. 8, S. 4.
1639
4 Chap. 122. Savings Banks in Ontario and Quebec. 49 WICT.
TRANSFER OF SHARES AND DEPOSITS.
ºr of 11. The shares in the bank shall be personal property
* and shall be transferable in the manner provided by the
by-laws and regulations made as prescribed by the charter;
and the transferee shall have the rights and shall be subject
to the liabilities of the original holder:
gºers 2. No share shall be divided,—and if any share is held by
** several persons jointly, one of them shall be appointed by
letter of attorney by the others to vote thereon, to receive
dividends and to do all things that require to be done in
respect thereof; and such letter of attorney shall be lodged
with the bank. 34 W., c. 7, s. 13.
Tºmission 12. If the interest in any deposit or share in the bank
of shares or - º -
deposits becomes transmitted in consequence of the death or insol-
ºn. vency of any depositor or shareholder, or in consequence of
fer. the marriage of a female depositor or shareholder, or by any
other lawful means than by a transfer upon the books of
the bank, or by deed served upon the bank, such transmis-
sion shall be authenticated by a declaration in writing, L
Declaration which declaration shall distinctly state the manner in which
*** and the person to whom such deposit or share has been
transmitted, and shall be, by such person, made and signed ;
and every such declaration shall be, by the person making
and signing the same, sworn to before a judge or justice of
a court of record or chief magistrate of a city, town, borough
or other place, or before a notary public, where the same is
made and signed; and every such declaration, so signed and
sworn to, shall be left with the manager or other officer or
agent of the bank, who shall thereupon enter the Iname of
the person, so entitled to such deposit or share under such
transmission, as proprietor thereof, in the books of the bank;
and until such transmission is so authenticated, no person
claiming by virtue of any such transmission, shall be
entitled to receive such deposit or share, or any part thereof,
or any interest or dividend thereon :
Hºw, ºn 2. Every such declaration and instrument as by this and
ticated else- e º ſº e
j the next following section of this Act are required to per-
in a British fect the transmission of a deposit or share in the bank, made
possession. *
in any other country than Canada or some other of the
British colonies in North America, or in the United King-
dom of Great Britain and Ireland, shall be further authenti-
cated by the British consul or vice-consul, or other accredited
representative of the British Government in the country
where the declaration is made, or shall be made directly
before such British consul or vice-consul or other accredited
... representative: -
i. sº 3. Nothing in this Act contained shall prevent the direc-
required. tors, manager or other officer or agent of the bank from
requiring corroborative evidence of any facts alleged in any
such declaration :
1640
T886. Savings Banks in Ontario and Quebec. Chap. 122. 6)
4. If payment is made to any depositor of any, deposit or .tº
e tº ºn {º discharge the
of any interest thereon, or of any dividend on any share, baſſ.
after transmission thereof by any of the means mentioned
in this section, but before such declaration is made and
authenticated as aforesaid, such payment shall be valid and
shall discharge the bank. 34 W., c. 7, s. 28.
13. If the transmission of any deposit or share is by virtue Transmission
of the marriage of a female depositor, the declaration shall” ”
be accompanied by a copy of the register of such marriage,
and shall declare the identity of the wife with the holder of
such deposit or share; and if the transmission has taken. By testament-
place by virtue of any testamentary instrument or by in- *
testacy, or by the vacancy of the estate of a deceased
depositor or shareholder, the probate of the will, or, if it is
motarial, an authentic copy thereof, or the letters of admini-
‘stration or act of tutorship, or curatorship, or authentic
certificates of birth, as the case may be, shall, together with
such declaration, be produced and left with the manager or
other officer or agent of the bank, who shall thereupon enter
the name of the person entitled under such transmission in
the books of the bank. 34 W., c. 7, s. 29.
DEPOSITS AND TO ANS.
14. The bank may receive deposits of money for the Bank may
benefit of persons depositing the same, and may invest the j º,
same as hereinafter provided, and may accumulate the interest.
revenues and profits derived from the investment of so much
thereof as is not required to meet ordinary demands by the
depositors and, out of such accumulation, may allow and
pay to the depositors thereof such rate of interest on such
deposits as is, from time to time, fixed by the Governor in
Council, not being more than five per cent. per annum.
34 V., c. 7, s. 14;-44 W., c. 8, s. 2.
• 15. Every depositor, on making his first deposit in the Pºpºlº to
sº tº * e give name
bank, shall disclose and declare his name, residence, quality and ajj.
and occupation. 34 W., c. 7, s. 15.
16. The bank may receive deposits from any, person, ºilº
whatever is his status or condition of life, and whether such "***
person is qualified by law to enter into ordinary contracts
or not ; and the bank may pay the principal or any part
thereof, and the whole or any part of the interest
thereon, to such person, without the authority, aid, assist-
ance or intervention of any person or official being required :
Provided always, that if the person making any deposit in
the bank is not, by the laws of the Province where the
bank is established, authorized so to do, the total amount of
deposits made by such person shall not exceed the sum of
two thousand dollars. 34 W., c. 7, s. 16.
Proviso.
1641
6 Chap. 122. Savings Banks in Ontario and Quebec. 49 WICT.
Certin pay, 17. Any payment of interest or dividend, or of the whole
ments in good *. tº tº º ë
jºiá.” or any part of any deposit, made in good faith to any person.
who appears primá facie to be entitled to such interest,
dividend or deposit, by the production of a declaration in
writing and of the documents herein mentioned in support
thereof, shall be valid; and the discharge of such person
shall be sufficient, and shall discharge the bank from all or
any further claim by any person for such interest, dividend
or deposit. 34 W., c. 7, s. 31.
flºbe 18. The bank shall always hold at least twenty per cent.
#." ‘of the moneys deposited with it in Dominion securities, or
securities, &c. deposits in chartered banks, on call. 36 W., c. 72, s. 1, part.
Investment of 19. The bank may, subject to the provisions in the next
deposits. preceding section contained, invest any moneys deposited
there with in any stock or public securities of Canada, or of
any of the Provinces of Canada, or in any municipal deben-
tures, or in the manner provided in the two sections next
following, and not otherwise ; but the bank may continue
to hold any stock of any now existing chartered bank, held
by it before it received its charter, and may sell and dispose
of such stock. 34 W., c. 7, s. 17 ;—36 W., c. 72, s. 1, part.
Loans on cer. 20. The bank may also loan such moneys, upon the per-
tain SeCll T1- gº tº tº e & & gº ſº.
ties. sonal security of individuals, or to any corporate bodies, if
g collateral securities of the nature mentioned in the next
preceding section, or British or foreign public securities, or
stock of some chartered bank in Canada, or stock in any in-
corporated building society, or bonds or debentures, or stock
of any incorporated institution or company, are taken in
addition to such personal or corporate security, with author-
ity to sell such securities if the loan is not paid. 34 W.,
c. 7, s. 18, part ; –36 W., c. 72, s. 1, part.
Nº. 21. The bank shall not make any loan, directly or in-
“” directly, upon the security of real property, or with any refer-
ence to the security of real property; but nothing herein
contained shall prevent the bank from taking security upon
real property in addition to such collateral securities, subse-
Quently to the making of the loan and subsidiary to the
security originally taken therefor. 34 W., c. 7, s. 18, part.
#. 22. If the bank makes any loan under the two sections
iodiginade next preceding, upon personal securities with collateral secu-
on cºllateral rity, other than real property, for the repayment thereof, and
security. ſe g * • , -, -T * : * *
if the repayment is not made within thirty days after
such loan becomes due or payable, the bank may sell the
collateral security, after notice to the borrower or person de-
positing such collateral security, by addressing and mailing,
to his last known place of residence, a letter containing such
notice:
1642
1886. Savings Banks in Ontario and Quebec. Chap. 122.
7
2. Such sale may be so made, whatever is the nature
of such collateral securities, whether consisting of stocks,
bonds, debentures or negotiable paper; and the president
or vice-president, manager, cashier or other officer of the
bank, thereunto authorized by the directors, may transfer
and convey any security so sold to the purchaser, in whom
the property in such security shall become vested by such
conveyance or transfer, but without any warranty from the
bank, or from any officer thereof:
3. The bank shall only be bound to account to the person
indebted to it in the amount of such loan, for the actual net
proceeds of the sale of such collateral securities, after deduc-
tion of all costs and charges thereon :
4. Nothing herein contained shall prevent the bank from
collecting or realizing such debt, or any balance due there-
on, out of such collateral securities, in any way which has
been agreed on with the borrower depositing the same, or in
any other lawful way that the directors deem for the interest
of the bank. 34 W., c. 7, s. 19.
23. The bank may purchase any lands or real property
offered for sale under execution at the suit of the bank, or
exposed to sale by the bank under a power of sale given to
it for that purpose, in cases in which, under similar circum-
stances, an individual could so purchase, without any re-
striction as to the value of the lands which it may so pur-
chase, and may acquire a title thereto as any individual
purchasing at sheriff's sale or under a power of sale, in like
circumstances, could do, and may take, have, hold and dis-
pose of the same at pleasure. 34 W., c. 7, s. 20.
24. The bank may acquire and hold an absolute title in
or to land mortgaged to it as security for a debt due or
owing to it, either by obtaining a release of the equity of
redemption in the mortgaged property, or by procuring a
foreclosure, or by other means whereby, as between indi-
viduals, an equity of redemption can, by law, be barred, or
may purchase and acquire any prior mortgage or charge on
such land. 34 W., c. 7, s. 21.
25. Nothing in any Act or law shall be construed as
having prevented or as preventing the bank from acquiring
and holding an absolute title to and in any such mortgaged
lands, whatever the value thereof may be, or from exercising
or acting upon any power of sale contained in any mortgage
given to it or held by it, authorizing or enabling it to sell
or convey away any lands so mortgaged. 34 W., c. 7, s. 22.
26. Nothing herein contained shall prevent the bank from
depositing money in any of the chartered banks carrying
on the general business of banking in the same place as the
bank; and such money shall be so deposited on call, and shall
Further pro-
vision in case
of non-
payment.
How far bank
shall be
accountable.
Other re-
Course not
affected.
Purchase of
property
mortgaged to
the bank.
Absolute title
may be ac-
quired.
As to power
of sale, &c.
Deposits on
call in char-
tered banks.
1643
8 Chap. 122, Savings Banks in Onſario and Quebec. 49 WICT.
be subject to withdrawal at any time without notice, and
either with or without interest. 34 W., c. 7, s. 24.
GENERAL PROVISIONS.
Distribution 27. The directors of the bank shall continue to distribute
#." to charitable institutions yearly, as heretofore, the interest
accruing on the amounts invested for that purpose :
fººd at , 2. The principal of the Poor fund of the City and District
* Savings Bank of Montreal, which has been ascertained and
settled at one hundred and eighty thousand dollars, shall
continue invested and shall be held by the said bank in
debentures of the cities of Toronto, Ottawa, Kingston, St.
Catharines and Hull, and of the town of Bowmanville,_
with power to change the investment of the same or of any
part thereof, from time to time, with the approval and per-
mission of the Treasury Board, but not otherwise :
Charity Fund 3. The principal of the Charity fund of La Caisse d’Econ-
*** omie de Notre Dame de Quebec, which has been ascertained
and settled at eighty-three thousand dollars, shall continue
invested and shall be held by the said bank in deben-
tures of the city of Quebec,+with power to change the
investment of the same or of any part thereof, from time
to time, with the approval and permission of the Treasury
Board, but not otherwise. 34 W., c. 7, s. 25, part —36 W.,
c. 72, ss. 3 and 4.
.* 28. The bank shall not issue any bank note, or note in-
;” tended to circulate as money or as a substitute for money,
issued. tº 8 ° tº º
- or be deemed a bank within the meaning of “The Bank
Act.” 34 W., c. 7, s. 35.
* 29. The bank shall not be bound to see to the execution
i.” of any trust, whether expressed, implied or constructive, to
which any deposit or share therein is subject; and the
receipt of the person in whose name any such deposit or
share stands in the books of the bank, or if it stands in the
name of more persons than one, the receipt of one of the
persons shall be a sufficient discharge to the bank for such
deposit or share, interest or dividend thereon, or for any
other sum of money payable in respect of such deposit or
share, unless express notice to the contrary has been given
to the bank, or such deposit is made upon express Con-
ditions as to the person or persons to whom such deposit
shall be paid, -in which case such deposit shall be governed
by such conditions, notwithstanding any trust to which
such deposit is then subject, and whether or not the bank
has had notice of such trust ; and the bank shall not be
bound to see to the application of the money paid on such
receipt, whether given by one of such persons or by all of
them, 34 W., c. 7, s. 30.
1644
1886. Savings Banks in Ontario and Quebec. Chap. 122. . 9
RETURNS. -
30. Monthly returns shall be made, by the bank, to the Monthly re-
Minister of Finance and Receiver General, and shall be i. . i.
made up within the first ten days of each month, and shall Minister of
exhibit the condition of the bank on the last juridical day *
of the month next preceding ; and such monthly returns
shall be signed by the president or vice-president, or the
director then acting as president, and by the manager, cashier
or other principal officer of the bank at its chief place of
business, and shall be published in the Canada Gazette ;
and such monthly returns shall be in the form in the sche--
dule to this Act, and shall be instead of any periodical returns
if any, required by the charter of the bank, except the cer-
tified lists of shareholders. 36 W., c. 72, s. 2, part.
31- The bank shall furnish, annually, to the Minister of Annual lists
Finance and Receiver General, to be laid before Parliament ...,
within fifteen days after the opening of each session, certi- Parliament.
fied lists of the shareholders, with their additions and resi-
dences, and the number of shares they respectively hold
and the amounts paid up thereon. 44W., c. 8, s. 6.
OFFENCES AND PENALTIES.
32. Every officer, clerk or servant who is employed under Punishment
the provisions of this Act, and who defaces, alters, erases, #.
or in any manner or way whatsoever, changes the effect certain
of the books of account kept under the provisions of this *.
Act, or any entry in the said books of account, for any
fraudulent purpose,_and every such officer, clerk or servant
who secretes, appropriates or embezzles any bond, obligation,
bill or note, or any security for money, or any money or
effects intrusted to him, or in his custody, or to which he has
obtained access as such agent, officer, clerk or servant, to
whomsoever the said property belongs, is guilty of felony,
and, on conviction thereof, shall be liable to imprisonment
for life : Provided always, that nothing herein contained, Proviso.
mor the conviction or punishment of the offender, shall pre-
vent, lessen or impair any remedy which Her Majesty, or
the Minister of Finance and Receiver General, or any other
person, would otherwise have against any other person what-
soever. 34.W., c. 7, s. 32.
83. Every person who, with intent to defraud, falsely .*
pretends to be the owner of any deposit made under this #. to
Act, or of the interest upon such deposit, and who is not own deposits.
such owner, and who demands or claims from the bank
with which such deposit has been made, or from any person
employed under this Act, the payment of such deposit or
interest, or of any portion thereof, as the case may be, and
whether he does or does not thereby obtain any part of such
deposit or interest, is guilty of a misdemeanor, and shall be
punishable accordingly. 34.V., c. 7, s. 33, part.
1645
10 Chap. 122. Savings Banks in Ontario and Quebec. 49 WICT.
ñº. 34. The making of any wilfully false or deceptive state-
mºnt in any ment in any account, return, report or other document re-
account, &c. specting the affairs of the bank is, unless it amounts to a
higher offence, a misdemeanor; and every one who is a
president, vice-president, director, auditor, cashier, or other
officer of the bank, and who prepares, signs, approves or
concurs in such statement, return, report or document, or
uses the same with intent to deceive or mislead any person,
shall be held to have wilfully made such false statement,
and shall further be responsible for all damages sustained
by such person in consequence thereof. 34.W., c. 7, s. 34.
*-
SCHEDULE.
RETURN of the amount of liabilities and assets of the (name
of the bank) on the day of 18
CAPITAL STOCK, $ . CAPITAL PAID UP, $
III. A BILITIES.
$ cts.
1. Dominion Government deposits, payable on
demand ...............................................
2. Provincial Government deposits, payable” on
demand................ ..............................
3. Other deposits, payable on demand ..............
4. Dominion Government deposits, payable after
notice or on a fixed day..........................
5. Provincial Government deposits, payable after
notice or on a fixed day..........................
6. Other deposits, payable after notice or on a
fixed day.............................................
Special Poor Fund or Charity Fund Trust......
Liabilities not included under the foregoing
heads ...................................................
!
ASSETS.
Dominion securities....................................
. Provincial or municipal securities...............
. Loans for which Dominion or Provincial secu-
rities are held as collateral security...........
. Loans for which bank stocks are held as col-
lateral security ....................................
. Loans for which other stocks, bonds or deben-
tures, as authorized by law, are held as
collateral security ... ...............................
6. Cash in hand or in deposit on call in chartered
banks..................................................
. Special Poor Fund or Charity Fund invest-
;
4
5
7
ments...................................................
1886. Savings Banks in Ontario and Quebec. Chap. 122. 11
$ cts.
8. Investments in bank stock made previous to
the incorporation of the bank....................
9. Other assets, not included under the foregoing
heads..................…....................
We declare that the foregoing return is made up from the
books of the bank, and that it is correct, to the best of our
knowledge and belief.
(Place) this day of 18
A. B., President, &c.
C. D., Cas
36 W., c. 72, s. 2, part.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1647
CHAPTER 123.
An Act respecting Bills of Exchange and Promissory A. D. 1886.
Notes.
|HER Majesty, by and with the advice and consent of 2.
the Senate and House of Commons of Canada, enacts
as follows:– -
1- Every bill of exchange or promissory note which is Qn what days
made payable at a month, or months, from and after the .i.
date thereof, shall become due and payable on the same
numbered day of the month in which it is made payable
as the day on which it is dated,—unless there is no such day
in the month in which it is made payable, in which case it
shall become due and payable on the last day of that month,
—with the addition, in all cases, of the days of grace allowed
by law. 35 W., c. 10, s. 1.
2. Whenever the last day of grace, in respect of the pay- when last day
ment of a bill of exchange or a promissory note, falls on ...,
a legal holiday or non-juridical day in the Province where #:
any such bill or note is payable, then the day next follow-
ing not being a legal holiday or non-juridical day in such
Province shall be the last day of grace as to such bill or
note. 35 W., c. 8, s. 8, part ;-42 W., c. 47, S. 4. -
3. In all matters relating to bills of exchange and pro- Non-juridical
mişsory notes, the following and no other shall be observed days.
as legal holidays or non-juridical days, that is to say:—
(a.) In all the Provinces of Canada, except the Province of Elsewhere
* Quebec— - * in Que-
Sundays; C. C.
New Year's Day;
Good Friday;
Easter Monday :
Christmas Day ;
The birthday (or the day fixed by proclamation for the
celebration of the birthday) of the reigning Sovereign ;
The first day of July (Dominion Day), and if that day
is a Sunday, then the second day of July as the same
holiday :
Any day appointed by proclamation for a public holiday,
or for a general fast, or a general thanksgiving throughout

1649
Chap, 123 Bills of Eachange and Promissory Notes. 49 WICT.
In Quebec.
Days fixed by
proclamation.
Acceptance
to be in
writing on
the bill.
What notice
of protest or
dishonor shall
be sufficient.
Damages on
bills payable
in Canada or
Newfound-
land.
And on bills
payable else-
where.
Canada; and the day next following New Year's Day and
Christmas Day, when those days respectively fall on Sun-
day ;
ū) And in the Province of Quebec the said days, and also—
The Epiphany; -
The Annunciation ; . . .
The Ascension;
Corpus Christi;
St. Peter and St. Paul's Day ;
All Saints' Day;
Conception Day ;
(c.) And also, in any one of the Provinces of Canada, any
day appointed by proclamation of the Lieutenant Governor
of such Province, for a public holiday, or for a fast or thanks-
giving within the same. 35 W., c.8, s. 8, part ;-42 W., c. 47,
s. 3;-46 W., c. 20, s. 11. -
4. No acceptance of any bill of exchange shall be suffi-
cient to bind or charge any person, unless such acceptance
is in writing on the bill, or if there is more than one part
of such bill, then on one of the said parts. C. S. U. C.,
c. 42, s. 7 ;—C. S. L. C., c. 64, s. 5;--28 W. (N.S.), c. 10, s. 5;--
R. S. N. B., c. 116, s. 4;-27 W. (P. E. I.), c. 6, s. 2.
5. Notice of the protest or dishonor of any bill of exchange
or promissory note payable in Canada shall be sufficiently
given, if it is addressed, in due time, to any party to such
bill or note entitled to such notice, at the place at which
such bill or note is dated, unless any such party has, under
his signature, on such bill or note, designated another place,
—and in such latter case such notice shall be sufficiently
given if addressed to him, in due time, at such other place;
and such notices so addressed shall be sufficient, although
the place of residence of such party is other than either of
such before mentioned places. 37 V., c. 47, s. 1.
6. No damages shall be recoverable in any action, suit
or proceeding, brought in any Province of Canada, upon
any bill of exchange drawn upon any person at any place
in Canada or in the Island of Newfoundland, against any
party thereto, except for the amount for which such bill of
exchange is drawn, and for such further amounts as arise
from the noting and protest of such bill of exchange, and
interest thereon, and exchange and re-exchange thereon :
2. No damages shall be recoverable in any action, suit
or proceeding, brought in any Province of Canada upon
any bill of exchange drawn upon any person at any place
not being in Canada or in the Island of Newfoundland
against any party thereto, except for the amount for which
such bill of exchange is drawn, and for two and one half
per cent. thereon, and for such further amounts as arise from
the noting and protest of such bill of exchange, and interest
* 1650
* 1886. Bills of Exchange and Promissory Notes. Chap. 123. 3
* -
thereon, and exchange and re-exchange thereon. 38 W., c. 19,
ss. 1 and 2.
7. All bills of exchange and promissory notes drawn or Protest of
made at any place in the Province of Nova Scotia, for the º
sum of forty dollars and upwards, upon or in favor of any bills or notes
person or persons in the said Province, may, on default of § 8,
the acceptance or payment thereof, be protested by a notary e
public; and such protest shall, in any action on such bill
or note, be primá facie evidence of presentation and dishonor,
and also of service of notice of such presentation and dis-
honor as stated in such protest ; for which protest there shall
be charged a notarial fee of fifty cents for protest and twenty-
five cents for each notice. 42 W., c. 46, s. 1.
8. All bills of exchange and promissory notes payable at And in Prince
any place in the Province of Prince Edward Island, for the #.””
sum of forty dollars and upwards, may, on default of the *
acceptance or payment thereof, be protested by a notary
public ; and such protest shall, in any action on such bill
or note, be primá facie evidence of presentation and dishonor,
and also of service of notice of such presentation and dis-
honor, as stated in such protest ; for which protest there
shall be charged a motarial fee of fifty cents for protest and
twenty-five cents for each notice. 46 W., c. 22, s. 2.
9. In the Province of Prince Edward Island, if any person General ac-
accepts a bill of exchange, payable at the office or place of º
business of any bank or other place, without further expres- e sºlº e º 'º
sion in his acceptance, such acceptance shall be deemed and
taken to be, to all intents and purposes, a general acceptance
of such bill ; but if the acceptor, in his acceptance, expresses Qualified
that he accepts the bill payable at the office or place of busi- ****
ness of any bank, or other place only, and not otherwise or
elsewhere, such acceptance shall be deemed, and taken to
be, to all intents and purposes, a qualified acceptance of such
bill; and the acceptor shall mot be liable to pay the said
bill, unless payment has been, first duly demanded at such
office or place of business in such bank or other place.
27 W. (P. E. I.), c. 6, s. 1.
10. When any promissory mote or bill of exchange is pay-Notarial pro-
able at any place out of the Province of New Brunswick, #3.
whether the same is drawn in or out of the said Province, in N.B.
a notarial protest of the presentment and dishonor of such
promissory note or bill of exchange shall be received in all
courts in the said Province as evidence of the fact of pre-
sentment and dishonor stated in such protest, in like manner
as in case of a protest of non-payment of a foreign bill of
exchange. 22 W. (N.B.), c. 22, s. 4.
II- No clerk, teller or agent of any bank shall act as a No º º
notary in the protesting of any bill or promissory note, pay- º 3,0t. £1.8
26% 1651
iº
4
Chap. 123. Bills of Exchange and Promissory Notes. 49 WICT.
Bill given for
a patent right
to have cer-
tain words on
its face.
Transferee to
take instru-
ment subject
to right of
defence.
Benalty for
uttering such
instrument
in Ot, SO
marked.
able at the bank, or at any of the agencies of the bank, in
which he is employed. C. S. C., c. 57, s. 3.
12. Every bill of exchange or promissory note, the consid-
eration of which consists, in whole or in part, of the purchase
money of a patent right, or of a partial interest, limited geo-
graphically or otherwise, in a patent right, shall have written
or printed prominently and legibly across the face thereof,
before the same is issued, the words “given for a patent
right.” 47 W., c. 38, s. 1.
13. The indorsee or other transferee of any such instru-
ment having the words aforesaid so printed or written there-
on, shall take the same subject to any defence or set-off in
respect of the whole or any part thereof, which would have
existed between the original parties. 47 W., c. 38, s. 2.
14- Every one who issues, sells or transfers, by indorse-
ment or delivery, any such instrument not having the words
“given for a patent right'' printed or written in manner
aforesaid across the face thereof, knowing the consideration
of such instrument to have consisted, in whole or in part, of
the purchase money of a patent right, or of a partial interest,
limited geographically or otherwise, in a patent right, is
guilty of a misdemeanor, and liable to imprisonment for any
term not exceeding one year, or to such fine, not exceeding
two hundred dollars, as the court thinks fit. 47 W., c. 38, s. 3.
Provisions
applicable to
Ontario.
General
acceptance
and promise.
Qualified ac-
ceptance and
promise.
15. Sections sixteen to twenty-six, both inclusive, apply
to the Province of Ontario only. . . . .
16- If any person accepts a bill of exchange, payable at
a bank, or at any other particular place, without further
expression in his acceptance, or makes a promissory note
payable at a bank, or at any particular place, without further
expression in that respect, such acceptance and such promise
shall be deemed and taken to be a general acceptance and a
general promise respectively : . . .'
2. If the acceptor expresses, in his acceptance, that he
accepts the bill payable at a bank, or at any other particular
place only and not otherwise or elsewhere, or if the maker
of a promissory note expresses in the body of the note that
Bill or note.
not void for
usury in Čer-
tain cases.
he promises to pay at a bank, or at any other particular place
only and not otherwise or elsewhere, then such acceptance
or promise shall be deemed and taken to be a qualified
acceptance or promise, and the acceptor or maker shall not
be liable to pay the bill or note, unless payment has been
first duly demanded at such bank or other place. C. S. U. C.,
c. 42, ss. 5 and 6. - - - 4.
17- No bill of exchange or promissory note, although given
for a usurious consideration, or upon a usurious contract,
shall be void in the hands of an indorsee (or if a note trans-
1652
1886. Bills of Eachange and Promissory Notes. Chap. 123. 5.
ferable by delivery, in the hands of a person who acquired
the same as bearer), for valuable consideration, unless such
indorsee or bearer had, at the time of discounting or paying
such consideration for the same, actual knowledge tº at such
bill of exchange or promissory note was originally given
for a usurious consideration or upon a usurious contract.
C. S. U. C., c. 42, s. 8.
18- No bill of exchange shall be presented for acceptance No present-
ë. & -i in nº di * & 49 & ment. On non-
om any non-juridical day. C. S. U. C., c. 42, s. 19. juridicaldays.
19. If any promissory note payable only at some place in Damages and
the United States of America, or in some one of the Provinces, ii., in
Territories or Districts of Canada other than the Provinces of certain cases
Ontario and Quebec, or in the Island of Newfoundland, and º
mot otherwise or elsewhere, is made or negotiated within the notes.
Province of Ontario, and is protested for non-payment, the
holder shall, in addition to the principal sum mentioned in
the note, recover damages at the rate of four per cent. upon
such principal sum, and also interest thereon at the rate of
six per centum per annum, to be reckoned from the day of
the date of the protest, and such aggregate amount, together
with the expenses of protesting the note, and all charges
and postages incurred thereon, shall be paid to the holder
at the current rate of exchange of the day when the pro-
test is produced and repayment demanded, that is to say :
the holder of any such note, returned under protest, may
demand and recover from the maker or indorsers thereof so
much current money of Canada as shall then be equal to
the purchase of a bill of exchange of the like amount drawn
on the same place at the same date or sight, together with
the damages and interest above mentioned, and also the
expense of protesting the note, and all charges and postages
incurred thereon. C. S. U. C., c. 42, s. 11.
20. When the holder of a protested bill or note, returned How rate of
for non-payment, notifies the drawer, maker or indorser of ...";"
the dishonor thereof, in person, or delivers notice thereof, in ascertained,
writing, to an adult person at his or their counting house or
dwelling house, and they disagree about the then rate of
exchange for commercial bills, the holder and the drawer,
maker or indorser so notified, or any of them, may apply
to the president or, in his absence, to the secretary of any
board of trade or chamber of commerce in the city or town,
in which the holder of such protested bill or note, or his
agent, resides, or in the city or town nearest to the residence
of such holder or agent, in which there is a board of trade or
chamber of commerce, and obtain from such president or
secretary a certificate in writing under his hand, stating
the said rate of exchange ; and the rate stated in such certi-
ficate shall be final and conclusive as to the then rate of
exchange, and shall regulate the sum to be paid accordingly.
C. S. U. C., c. 42, s. 12.
264% 1653
6
Chap. 123 Bills of Exchange and Promissory Notes. 49 Vict.
Inland bills
and notes to
bear interest.
21- Every bill, draft and order drawn by any person in
the Province of Ontario on any person in either of the Prov-
inces of Ontario or Quebec, and every promissory note made
or negotiated in the Province of Ontario, if protested for non-
payment, shall be subject to interest from the date of the
protest, or if interest is therein expressed as payable from a
particular period, then from such period to the time of pay-
ment; and in case of protest, the expense of noting and pro-
testing, and the postages thereby incurred, shall be allowed
and paid to the holder, over and above the said interest.
C. S. U. C., c. 42, s. 13.
Protest may
be made on
day of dis-
honor.
How notice of
protest may
be served.
Form of pro-
test and
Botice.
Notary’s fees
in Ontario.
Certain
StatuteS res-
pecting Small
notes not in
force in
Ontario.
22. Every protest of inland or foreign bills of exchange or
promissory notes, for dishonor, either by non-acceptance or
non-payment, may be made on the day of such dishonor, at
any time after non-acceptance, or in case of non-payment,
at any time after the hour of three o'clock in the afternoon.
C. S. U. C., c. 42, s. 15.
23. A notice of such protest shall be sent to each of the ,
parties to the bill or note, and such notice shall be deemed
to have been duly served, for all purposes, upon the person.
to whom the same is addressed, if it is deposited in the post
office nearest to the place of making presentment of such
bill or note, at any time during the day whereon such pro-
test has been made, or the next juridical day then following.
C. S. U. C., c. 42, s. 16.
24- Every such protest and notice may be according to
the forms set forth in schedule A to this Act, or to the like
effect. C. S. U. C., c. 42, s. 21, part.
25. The fees to be taken by notaries public, for the ser-
vices hereinafter mentioned, shall be as follow, and no more,
that is to say: for the protest of any bill, draft, note or
order, fifty cents; for every notice, twenty-five cents; and
for postage, the amount actually expended. C. S. U. C.,
c. 42, s. 22;-C. S. C., c. 57, s. 1.
26- The Act of the Parliament of Great Britain, passed
in the fifteenth year of the reign of King George the Third,
intituled “An Act to restrain the negotiation of Promissory
Notes and Inland Bills of Eachange, under a limited sum, within
that part of Great Britain called England,” and the Act of the
said Parliament, passed in the seventeenth year of his said
Majesty's reign, intituled “An Act for further restraining the
negotiation of Promissory Notes and Inland Bills of Eachange,
wnder a limited sum, within that part of Great Britain called
England,” which are inapplicable to the Province of Ontario,
shall not extend to or be in force therein, nor shall the said
Acts make void any bills, notes, drafts or orders, which have
been or may be made or uttered therein. C. S. U. C., c. 42,
S. 1.
1654
1886. Bills of Eachange and Promissory Notes. Chap. 123.
7
27. The following sections of this Act apply to the Pro-
vince of Quebec only.
28. The several fees and charges mentioned in schedule
B to this Act, relating to the protesting and noting of bills
and notes in the Province of Quebec, together with the pos-
tages pre-paid upon notices deposited at any post office, may
be claimed from the holder of the bill or note by the notary
or justice of the peace performing such duties, and shall be
recovered from such parties thereto as are liable for the pay-
ment of the same. C. S. L. C., c. 64, s. 21.
29. The several notings, protests, notices thereof, and ser-
vices of notices hereinbefore mentioned, shall be in the forms
set forth in the said schedule. C. S. L. C., c. 64, s. 22.
80. Every person who represents himself to be a notary
for or justice of the peace in the Province of Quebec, and
who acts as such in and about the protesting of a bill or
mote, or in and about the noting of a bill, not being such
notary for or justice in the Province of Quebec, is guilty of
a misdemeanor, and liable to imprisonment for a term not
exceeding six months. C. S. L. C., c. 64, s. 23. -
The articles of the Civil Code of Lower Canada relating to this subject will
he found in the collection of Statutes not consolidated.
-*=mºse-
SCHEDULE A.
On this day of , in the year one
thousand eight hundred and , at the request
of , holder of the bill of exchange hereunto an-
Inexed, I, , a notary public for the Province
of Ontario duly appointed, did exhibit the said bill unto
, at , being the place where the same
is payable, and speaking to him, did demand payment o
the said bill ; to which demand he answered
; Wherefore, I, the said notary, at the request
aforesaid, have protested, and do hereby solemnly protest,
as well against all the parties to the said bill as against all
other persons whom it may concern, for all interest, damages,
costs, charges, expenses and other losses suffered or to be
suffered for want of payment of the said bill. And after-
wards, on the day and year mentioned in the margin, I, the
said notary public, did serve due notice, according to law, of
the said presentment, non-payment and protest of the said
bill, upon the several parties thereto, by depositing, in Her
Majesty's post office at , being the nearest post
office to the place of the said presentment, letters containing
such notices, one of which letters was addressed to each of
the said parties, severally ; the superscription and address
Provisions *
applicable
to Quebec.
otary's fees
in Q
uebec.
Forms in
Quebec.
Penalty if
unqualified
person notes
or protests
bills or notes.
655
Chap. 123. Bills of Exchange and Promissory Notes. 49 WICT.
of which letters are respectively copied below, as follows,
that is to say: -
(Here insert the directions of the letters.)
In testimony whereof, I have hereunto set my hand and
affixed my seal of office, the day and year first above written.
(Signature) L. S.
FORM OF NOTICE TO PARTIES.
To Mr. (date)
SIR, -
Take notice that a bill of exchange, dated on the day.
of , for the sum of $ (or £ ) , drawn by , Oll
and accepted by , payable (three months) after the date
thereof, at the bank of , in (Toronto), and indorsed by
A.B., C.D., E.F., &c., was this day presented by me for pay-
ment at the said bank, and that payment thereof was re-
fused, and that , the holder of the said bill, looks to
you for payment thereof. Also, take notice that the same
bill was this day protested by me for non-payment.
Your obedient servant,
*. - A. B.,
Notary Public.
The above forms may be changed to suit protests for non-acceptance or non-
payment of bills, or non-payment of notes.
C. S. U. C., c. 42, s. 21, part.
SCHEDULE B.
TARIFF OF FEES AND CHARGES IN THE PROVINCE OF QUEBEC.
For presenting and noting for non-acceptance any bill
of exchange, and keeping the same on record.......... $1 00
Copy of the same when required by the holder......... 0 50.
For moting and protesting for non-payment any bill
of exchange or promissory note, draft or order, and
putting the same on record................................... $ 1 00
For making and furnishing the holder of any bill or
note with duplicate copy of any protest for non-
acceptance or non-payment, with certificate of ser-
vice and copy of notice served upon the drawer
and indorsers................................................... () 50:
For every notice, including the service and recording
copy of the same, to an indorser or drawer, in
addition to the postages actually paid.................. () 50:
G. S. C., c. 57, s. 2;-C. S. L. C., c. 64, sch.
1656
1886. Bills of Exchange and Promissory Notes. Chap. 123.
FoRM A.
NOTING FOR NON-ACCEPTANCE,
(Copy of Bill and Indorsements.)
On the 18 , the above bill was, by me, at
the request of , presented for acceptance to
E.F., the drawee, personally (or, at his residence, office or
usual place of business in the city (town or village) of ,)
and I received for answer, “ ”; The said
bill is therefore noted for mom-acceptance.
A. B.,
Notary Public.
18
Due notice of the above was by me served upon | & #. |
the } drawer, | personally, on the day of
indorser,
(or, at his residence, office or usual place of business in
), on the day of (or, by depositing
such notice, directed to him, at , in Her Majesty's
post office in this city (town or village), on the day
of , and prepaying the postage thereon.)
A. B.,
Notary Public.
5 18
FORM B.
PROTEST FOR NON-ACCEPTANCE OR FOR, NON-PAYMENT OF A
BILL PAYABLE GENERALIAW. -
(Copy of Bill and Indorsements.)
On this day of , in the year 18 , I,
A. B., motary public for the Province of Quebec, dwelling at
in the Province of Quebec, at the request of
, did exhibit the original bill of exchange, whereof a true
! drawee thereof
- l acceptor,
personally (or, at his residence, office or usual place of
business in ), and, speaking to himself (or his wife,
his clerk, or his servant, &c.), did demand | * |
copy is above written, unto E.F., the
thereof; unto which demand | º | answered, “ º
Wherefore I, the said notary, at the request aforesaid,
have protested, and by these presents do protest against the
acceptor, drawer and indorsers (or, drawer and indorsers) of
the said bill, and other parties thereto or therein concerned,
1657
10
Chap. 123. Bills of Eacchange and Promissory Notes. 49 WICT.
for all exchange, re-exchange, and all costs, damages and in-
;Cél)t, all Cé
acceptanc | of the
.62]^{*SU, UNI'ê: ad to come, for want of
terest, present and to come, for w }.
said bill.
All of which I attest by my signature.
(Protested in duplicate.)
- A. B.,
Notary Public.
* ºn
FORM. C.
IPROTEST FOR NON-ACCEPTANCE OR FOR NON-PAYMENT OF A
BILL PAYABLE AT A STATED PLACE.
(Copy of Bill and Indorsements.)
On this day of , in the year 18 , I,
A. B., notary public for the Province of Quebec, dwelling at
, in the Province of Quebec, at the request
of , did exhibit the original bill of
exchange, whereof a true copy is above written, unto E. F.,
the drawee
1(2 *
l accepton
the stated place where the said bill is payable, and there,
Speaking to , did demand acceptance l
payment
of the said bill; unto which demand he answered ,” .”
Wherefore I, the said notary, at the request aforesaid
have protested, and by these presents do protest against the
acceptor, drawer and indorsers (or drawer and indorsers) of
the said bill, and all other parties thereto or therein con-
cerned, for all exchange, re-exchange, and all costs, damages
| acceptance
l payment
thereof, at , being
and interest, present and to come, for want of
of the said bill.
All which I attest by my signature. w
(Protested in duplicate.)
Notary Public.
FORM D.
PROTEST FOR NON-PAYMENT OF A BILL NOTED, BUT NOT
PROTESTED FOR NON-ACCEPTANCE.
If the protest is made by the same notary who moled the bill,
ft should immediately follow the act of noting and memorandum
of service thereof, beginning with the words “and afterwards,
on, &c.,” continuing as in the last preceding form, but intro-
ducing between the words “did exhibit,” the word “again ;”
and, in a parenthesis, between the words “written" and “unto,”
the words (“and which bill was by me duly noted for non-
acceptance on the day of last.”)
1658
1886. Bills of Eachange and Promissory. Notes. Chap. 123. 11
But if the protest is not made by the same notary, then it
should follow a copy of the original bill and indorsements and
noting marked on the bill—and then in the protest introduce, in
a parenthesis, between the words “written" and “unto,” the
words (“and which bill was on the dav of last,
by , public notary for the Province of Quebec,
noted for non-acceptance, as appears by his note thereof
marked on the said bill.”)
FoRM E.
PROTEST FOR NON-PAYMENT OF A NOTE PAYABLE (#ENERALIY.
(Copy of Note and Indorsements.)
On this day of , in the year 18 , I,
A.B., notary public for the Province of Quebec, dwelling
at , in the Province of Quebec, at the request of
, did exhibit the original promissory note, whereof
a true copy is above written, unto , the
promisor, personally (or, at his residence, office or usual
place of business, in ), and speak-
ing to himself (or his wife, his clerk, or his servant, &c.),
did demand payment thereof; unto which demand | º
answered, “ .”
Wherefore I, the said notary, at the request aforesaid,
have protested, and by these presents do protest against the
promisor and indorsers of the said note, and all other parties
thereto or therein concerned, for all costs, damages and in-
terest, present and to come, for want of payment of the said
note.
All which I attest by my signature.
(Protested in duplicate.)
A. B.,
Notary Public.
FORM F.
IPROTEST FOR, NON-PAYMENT OF A NOTE PAYABLE AT A
STATED PLACE.
(Copy of Note and Indorsements.)
On this - day of , in the year 18 ,
I, A.B., notary public for the Province of Quebec, dwelling
at , in the Province of Quebec, at the request of
, did exhibit the original promissory note,
whereof a true copy is above written, unto }
the promisor, at , being the stated place where
1659
Chap. 123. Bills of Eachange and Promissory Notes. 49 WICT.
the said note is payable, and there, speaking to
did demand payment of the said note, unto which demand,
he answered, “ º -
Wherefore I, the said notary, at the request aforesaid,
have protested, and by these presents do protest against
the promisor and indorsers of the said note, and all other
parties thereto or therein concerned, for all costs, damages
and interest, present and to come, for want of payment of
the said note.
All which I attest by my signature.
(Protested in duplicate.)
A
Notary Public.
FORM. G.
NOTARIAL NOTICE OF A NOTING, OR OF A PROTEST FOR NON-
ACCEPTANCE, OR OF "A PROTEST FOR NON PAYMENT OF
A BIT,L.
(Place and date of Noting or of Protest.)
1st.
To P. Q. (the drawer.)
at
Sir,
Your bill of exchange for $ , dated at
the , upon E. F., in favor of C. D., payable days
after | º | was this day, at the request of
| noted
| | mom-acceptance.
protested
l non-payment.
A. B.,
Notary Public.
(Place and date of Noting or of Protest.)
duly | by me for
2nd.
To C.D. (indorser)
or F. G.)
at
Sir,
Mr. P. Q.'s bill of exchange for $ , dated at
the , upon E. F., in your favor (or in favor of C. D.),
payable days. after | º | and by you indorsed, was
this day, at the request of , duly
| noted | mon-acceptance.
protested ! non-payment.
by me for
A. B.,
Notary Public.
N.
1660
1886. . Bills of Eacchange and Promissory Notes. 'Chap. 123. 13
FORM H.
NOTARIAL NOTICE OF PROTEST FOR NON-PAYMENT OF A NOTE.
(Place and date of Protest.)
TO 2
at
Sir, -
Mr. P. Q.'s promissory mote for $ , dated at
days
, the , payable months after date to
OIl ,”
}* ! or order, and indorsed b this dav, at
# F. or order, and mdorsed by you, was this day, a
the request of , duly protested by me for non-
payment. *.
A. B.,
Notary Public.
FORM I.
NOTARIAL SERVICE OF NOTICE OF A PROTEST FOR NON-ACCEPT-
ANCE OR NON-PAYMENT OF A BILL, OR OF NON-PAYMENT
OF A NOTE (to be subjoined to the Protest.)
And afterwards, I, the aforesaid protesting notary public,
did serve due notice in the form prescribed by law, of the
foregoing pro- ) non-acceptance f th | bill thereb
test for imon-payment * * note | ereby
P. Q.,
S Tº ſº. | drawer
protested upon | C. D., | the
l indorsers
the day of (or, at his residence, office, or
usual place of business in ,) on the
day of ; (or, by depositing such notice, directed to
| personally, on
the said | . }. at , in Her Majesty's post office
in this city (town or village), on the day of
, and prepaying the postage thereon).
In testimony whereof, I have, on the last mentiomed day
and year, at aforesaid, signed these presents.
A. B.,
Notary Public.
*
1661
14
Chap. 123. Bills of Exchange and Promissory Notes. 49 WICT.
FoRM J.
PROTEST BY A JUSTICE OF THE PEACE (WHERE THERE IS NO
NOTARY) FOR NON-ACCEPTANCE OF A BILL, OR NON-PAY-
MENT OF A BILL OR, NOTE.
(Copy of Bill or Note and Indorsements.)
On this day of , in the year 18 ,
I, N. O., one of Her Majesty's justices of the peace for the
district of , in the Province of Quebec, dwelling
at (or near the village of ), in the said district,
(there being no practising notary public resident at or near
the said village, or any other legal cause), did, at the request
of and in presence of , a house-
holder in the said district, well known unto me, exhibit
the original }}.} whereof a true copy is above
drawer -
written unto P. Q., the 8 acceptor & thereof, personally (or,
promisor
at his residence, office or usual place of business in
) and speaking to himself (his wife, his clerk or
his servant, &c.), did demand | acceptance thereof, unto
payment | -
e he
which demand hº answered, “ .”
Wherefore I, the said justice of the peace, at the request
aforesaid, have protested, and by these presents do protest
drawer and indorsers
against the X promisor and indorsers | of the said
acceptor, drawer and indorsers
} bill
note
cerned, for all exchange, re-exchange, and all costs,
damages and interest, present and to come, for want of
}* of the said | bill
payment note. )
All which is by these presents attested by the signature
of the said (the witness) and by my hand and seal.
(Protested in duplicate.)
! and all other parties thereto and therein con-
(Signature of the witness.)
(Signature and seal of the J. P.)
C. S. L. C., C, 64, sch. {
OTTAWA: Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -
1662
CEIAPTER 124.
An Act respecting Insurance. A. D. 1886.
TER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This Act may be cited as “The Insurance Act.” 49 W., Short title.
c. 45, S. 1.
*
... INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “Minister,” means the Minister of *. .
Finance and Receiver General ; ** Minister.”
(b.) The expression “Superintendent’ means the Super- “Superin-
intendent of Insurance; “tendent.”
(c.) The expression “company ” means and includes any “Company.”
corporation or any society or association, incorporated or unin-
corporated, or any partnership carrying on the business of
insurance ; 2-
(d.) The expression “Canadian company ” means a com-º: Canadian
pany incorporated or legally formed in Canada, for the pur- "*P*Y.”
pose of carrying on the business of insurance in Canada, and
which has its head office therein ; &
(e.) The expression “agent” means the chief agent of the “Agent.”
company in Canada, named as such in the power of attorney
hereinafter referred to, by whatever name he is designated ;
(f) The expression “chief agency” means the principal Chief...,
office or place of business of the company in Canada; agency.
(g.) The expression “inland marine insurance ’’ means “Inland
marine insurance in respect to subjects of insurance at risk ...ºnsu-
upon the waters of Canada, above the harbor of Montreal; “
(h) The expression “Canadian policy” or “policy in Can- ; ºn
ada,” as regards life insurance, means a policy issued by any “”
company licensed under this Act to transact the business of
life insurance in Canada, in favor of any person or persons
resident in Canada at the time when such policy was issued,
and “policy-holder in Canada’’ means any such person as . Policy-hol-
• “der in Cana-
aforesaid; ºn vana
e º © { { º e 5 } º { { - e -> {{ e
(i.) The expression “Canadian policy” or “policy in Can- ºn
ada,” as regards fire and inland marine insurance, means a tºy in

policy of insurance on any property within Canada issued “Canada.”
2
Chap. 124. The Insurance Act. 49 WICT.
** License.”
“Policy.”
Non-applica-
tion of Act.
Ocean Marine
insurance.
Policies prior
to 22nd May,
1868.
Certain com-
panies under
rovincial
Acts.
Proviso.
nor in Council, avail itself of the provisions of this Act, and,
What compa-
nies or per-
Sons only may
transact life,
fire or inland
marine
insurance
business in
Canada.
Form and
duration of
license.
License to
issue on cer-
tain condi-
tions only,
by any company licensed under this Act to transact the busi-
ness of fire or inland marine insurance.
(j.) The expression “license” includes certificate of regis-
iration ; t .
(k.) The expression “policy” includes a certificate of mem-
bership relating in any way to life insurance. 49 W., c. 45,
s. 2. -
APPLICATION OF ACT.
3. The provisions of this Act shall not apply,–
(a.) To any company transacting, in Canada, ocean marine
insurance exclusively; or—
(b.) To any policy of life insurance in Canada, issued pre-
viously to the twenty-second day of May, in the year one
thousand eight hundred and sixty-eight, by any company
which has not subsequently received a license ; or—
(c.) To any company incorporated by an Act of the legis-
lature of the late Province of Canada, or by an Act of the
legislature of any Province now forming part of Canada which
carries on the business of insurance wholly within the limits
of that Province by the legislature of which it was incor-
porated, and which is within the exclusive control of the
legislature of such Province; but any such company carrying.
on the business of life insurance may, by leave of the Gover-
if it so avails itself, the provisions of this Act shall thereafter
apply to it, and such company shall have the power of trans-
acting its business of insurance throughout Canada. 49W.,
c. 45, s. 3. - - - \
LICENSEs.
4. No company or person, except as hereinafter provided,
shall accept any risk or issue any policy of fire or inland
marine insurange or policy of life insurance, or grant any
annuity on a life or lives, or receive any premium, or carry
on any business of life or fire or inland marine insurance,
in Canada, Hor prosecute or maintain any suit, action or pro-
ceeding, either at law or in equity, or file any claim in insol-
vency relating to such business, without first obtaining a
license from the Minister to carry on such business in Can-
ada. 49 W., c. 45, s. 4.
5. The license shall be in such form as is, from time to time,
determined by the Minister, and shall specify the business
to be carried on by the company; and it shall expire on the
thirty-first day of March in each year, but shall be renewable
from year to year. 49 W., c. 45, s. 5. -
6. The Minister, as soon as the company applying for the
same has deposited in his hands the securities hereinafter
:
mentioned, and has otherwise conformed to the require-
1664
1886. The Insurance Act. Chap. 124. 3
ments of this Act, shall issue such license as aforesaid. 49 W.,
c. 45, s. 6.
DEPOSITS TO BE MADE BEFORE THE ISSUE OF LICENSE.
7. Every company carrying on the business of life insur- Deposit of
ance, and every Canadian company carrying on the business ...”
of fire or of inland marine insurance, or of both combined, Minister and
shall, before the issue of such license, deposit with the Minis- º:
ter, in such securities as are hereinafter mentioned, the sum -
of fifty thousand dollars; and every company incorporated
or legally formed out of Canada, carrying on the business of
fire or of inland marine insurance, or of both combined, shall,
before the issue of such license, deposit with the Minister, in
such securities as are hereinafter mentioned, the sum of one
hundred thousand dollars. 49 W., c. 45, s. 7.
8. All such deposits may be made by any company in secu- lº
rities of the Dominion of Canada, or in securities issued by *
any of the Provinces of Canada; and by any company incor- Companies
porated in the United Kingdom in securities of the United ...
-> º C -
Kingdom ; and by any company incorporated in the United lºgº
States in securities of the United States; and the value of Valuation of
such securities shall be estimated at their market value at ...”
the time when they are so deposited :
2. If any securities other than those above mentioned are Valuation of
offered as a deposit, they may be accepted, at such valuation ...” “
and on such conditions as the Treasury Board directs:
3. If the market value of any of the securities which have If the value
been deposited by any company declines below that at which *:::::::::
they were deposited, the Minister may notify the company
to make a further deposit, so that the market value of all the
securities deposited by the company shall be equal to the
amount which it is required by this Act to deposit; and on Penalty for
failure by the company to make such further deposit within failure.
sixty days after being called upon so to do, the Minister may
withdraw its license: s
4. Amy company licensed under this Act may, at any time, *:::::
deposit in the hands of the Minister any further sums of ..."
money or securities beyond the sum herein required to be curity.
deposited; and any such further sums of money, or securities ºf
therefor, so deposited in the hands of the Minister, shall be ""
held by him and be dealt with according to the provisions of
this Act in respect to the original sum required to be deposited
by such company, and as if the same had been part of such
original deposit, and no part of such additional deposit shall
be withdrawn, unless with the sanction of the Governor in
Council, on the report of the Treasury Board. 49 W., c. 45,
$ 8.
9. If it appears from the annual statements, or from an Any defici.
º © . º - - * & ency of secu-
examination of the affairs and condition of any company jºb.
1665
4
Chap. 124. The Insurance 16t. 49 WICT.
made good
by fire and
inland marine
companies.
Penalty for
default.
Any defici-
ency of secu-
rity by other
companies to
be made good
by them.
Penal ty
for default.
As to com-
pany incorpo-
rated else-
where than in
Canada.
Deposits and
aSSets to be
vested in
trust,
Trust deed
and dealing
With assets.
Provision as
to companies
which gave
notice before
31st March,
1878.
Release of sur-
plus securities
to such com-
pany.
carrying on the business of fire or inland marine insurance,
that the re-insurance value of all its risks outstanding in
Canada, together with other liabilities in Canada, exceeds
its assets in Canada, including the deposit in the hands of
the Minister, the company shall be notified by the Minister
to make good the deficiency; and on its failure so to do,
within sixty days after being so notified, he shall withdraw
its license. 49 W., c. 45, s. 9.
10. If it appears from the annual statements, or from an
examination, as provided for by this Act, of the affairs and
condition of any company carrying on the business of life
insurance, that its liabilities to policy-holders in Canada,
including matured claims, and the full reserve or re-insur-
ance value for Outstanding policies, as hereinafter described,
after deducting any claim the company has against such
policies, exceed its assets in Canada, including the deposit
in the hands of the Minister, the company shall be called
upon by the Minister to make good the deficiency; and on its
failure so to do within sixty days, he shall withdraw its
license :
2. If any such company as is mentioned in this and the
Inext preceding section is incorporated or legally formed else-
where than within Canada, the assets in Canada as aforesaid
shall be taken to consist of all deposits which the company
has made with the Minister under the foregoing provisions of
this Act, and of such assets as have been wested in trust for
the company for the purposes of this Act, in two or more
persons resident in Canada, appointed by the company and
approved by the Minister :
3. The trust deed shall first be approved of by the Minister,
and the trustees may deal with such assets in any maniner
provided by the deed of trust appointing them, but so that
the value of the assets held by them shall not fall below the
value required by this section :
4. In the case of any such life insurance company, which
gave written notice to the Minister before the thirty-first
day of March, in the year one thousand eight hundred and
seventy-eight, of its intention to avail itself of the proviso
contained in section seven of “The Consolidated Insurance
Act, 1877,” the foregoing requirements of this section shall
not apply to policies issued previously to that date; and the
deposit of such company, which was in the hands of the
Minister, on the twenty-eighth day of April, in the year one
thousand eight hundred and seventy-seven, shall be dealt
with in regard to such policies, in conformity with the
fourth and fifth sections of the Act passed by the Parliament
of Canada in the thirty-fourth year of Her Majesty's reign,
and intituled “An Act to amend the Act respecting Insurance
Companies ;” and whenever the full liability under such
policies falls below the amount so held by the Minister, he
may, with the concurrence of the Treasury Board, direct that
1666
* 1886. The Insurance Act. Chap. 124. 5
the whole or such portion of the difference as he deems advis-
able, shall be released and handed over to the company,
and so on, from time to time, until the total deposit with the
Minister is reduced to the amount of fifty thousand dollars
required by this Act. 49 W., c.45, s. 10.
II. So long as any company's deposit is unimpaired, and Interest on
the conditions of this Act are satisfied, and no notice of any ...".
final judgment against the company, or order made by the payable to
proper court in that behalf for the winding up of the com- *P*Y.
pany or the distribution of its assets, is served upon the
Minister, the interest upon the securities forming the deposit
shall be handed over to the company as it falls due. 49 W.,
c. 45, s. 11.
DOCUMENTS TO BE FILED.
12. Every company shall, before the issue of a license to Documents to
it, file in the Department of Finance,— be filed.
(a.) A copy of the charter, Act of incorporation, or articles Copy of
of association of the company, certified by the proper officer "
in charge of the original thereof; º
(b.) A power of attorney from the company to its agent in Power of at-
Canada, under the seal of the company, if it has a seal, and º
signed by the president and secretary or other proper officers Canada.
thereof, in presence of a witness, who shall make oath or
affirmation as to the due execution thereof; and the official
positions in the company held by the officers signing such
power of attorney shall be sworn to or affirmed by some per-
son cognizant of the facts necessary in that behalf; and—
(c.) A statement, in such form as is required by the Min-statement of
ister, of the condition and affairs of such company on the ºils of 90m-
thirty-first day of December then next preceding, or up to *
the usual balancing day of the company, if such day is not
more than twelve months before the filing of the statement.
49 W., c. 45, s. 12.
18. Such power of attorney shall declare at what place in What the
Canada the head office, or chief agency of such company is º:
or is to be established,—and shall expressly authorize such contain.
attorney to receive service of process in all suits and pro-
ceedings against such company in any Province of Canada,
in respect of any liabilities incurred by the company therein,
and also to receive from the Minister and the superintendent,
all notices which the law requires to be given, or which it
is thought advisable to give, and shall declare that service . . .
of process for or in respect of such liabilities, and receipt i.
of such notices, at such office or chief agency, or personally service of
on or by such attorney at the place where such head office or Pºº.
chief agency is established, shall be legal and binding on
the company to all intents and purposes whatsoever. 49 W.,
c. 45, s. 13.
27% 1667
6 Chap. 124. The Insurance Act. 49 WICT.
º, 14. Whenever any such company changes its chief agent
jº" or chief agency in Canada, such company shall file a power
of attorney, as hereinbefore mentioned, containing any such
change or changes in such respect, and containing a similar
declaration as to service of process and notices as herein-
Declaration of before mentioned; and every company shall, at the time of
i." making the annual statement hereinafter provided for,
charter, &c. declare that no change or amendment has been made in the
charter; Act of incorporation or articles of association of the
company, and that no change has been made in the chief
agency or chief agent, without such amendment or change
having been duly notified to the superintendent. 49 W.,
c. 45, s. 14.
Duplicates of 15. Duplicates of all such documents, duly verified as
...', aforesaid, shall be filed in the office of one of the superior
filed in court courts in the Province in which the head office or chief agency
of the company is situated,—or if the chief agency is in the
Province of Quebec, with the prothonotary of the Superior
Court of the district wherein such chief agency is estab-
lished. 49 W., c. 45, s. 15.
SERVICE OF COMPANIES WITH PROCESS.
Service of pro- A6. After such power of attorney and certified copies are
;"“” filed as aforesaid, any processin any suit or proceeding against
any such company, in respect of any liabilities incurred in
any Province of Canada, may be validly served on the com-
pany at its chief agency; and such service shall be deemed
to be service on the company :
Constructive 2. If such power of attorney becomes invalid or ineffec-
.*.*.* tive from any reason whatsoever, or if other service can-
not be effected, the court or a judge may order construc-
tive service of any process or proceeding to be made, by
such publication as is deemed requisite to be made in the
premises, for at least one month in at least one newspaper;
and such publication shall be held to be due service upon
the company of such process or proceeding. 49 W., c. 45,
s. 16.
NOTICE OF LICENSE.
Company to . 17. Every company on first obtaining such license shall
#.” “forthwith give due notice thereof in the Canada Gazette, and
in at least one newspaper in the county, city or place where
the head office or chief agency is established, and shall con-
tinue the publication thereof for the space of four weeks:
And of geas: 2. The like notice shall be given, for the space of three
"*" calendar months, when a company ceases, or gives notice
that it intends to cease, to carry on business in Canada.
49 W., c. 45, s. 17.
1668
- 1886. The Insurance Act. Chap. 124. 7
PUBLICATION OF LICENSED COMPANIES.
18. The Minister shall cause to be published quarterly Notices by
in the Canada Gazette a list of the companies licensed under *::::
this Act, with the amount of deposits made by each com- licensed.
pany ; and upon any new company being licensed, or upon
the license of any company being withdrawn in the interval
between two such quarterly statements, he shall publish a
notice thereof in the Canada Gazette for the space of four
weeks. 49 W., c. 45, s. 18.
ANNUAL RETURNS BY COMPANIES.
19. The president, vice-president, or managing director, Statement to
and the secretary or manager of every Canadian company lº
licensed under this Act, shall prepare annually, under their sent to
own oath, and cause to be deposited at the Department of #."
Finance, a statement of the condition and affairs of such com-
pany at the usual balancing day of the company in the pre-
ceding year, which statement shall exhibit the assets and What it must
liabilities of the company, and its income and expenditure *
during the previous year, and such other information as
is deemed necessary by the Minister:
2. In the case of such companies carrying on the business Form of
of life insurance, such statement shall be deposited as afore- ...',
said on the first day of January in each year, or within two deposit by life
months thereafter, and shall be made in the form and manner *P*
set forth in the form A in the schedule to this Act: Provided Proviso: as to
however, that a preliminary abstract of the year's business ..."
to December thirty-first inclusive, comprising the cash pre- tº gº
mium receipts of the year, the number and amount of the
policies issued and taken up, that are in force, and that have
become claims and been paid to that date, shall be sent to
the superintendent of insurance within the first fifteen days
of January in each year : -
3. In the case of such companies carrying on the business And by fire
of fire or inland marine insurance, such statement shall be º:
deposited as aforesaid on the first day of February in each &
year, or within one month thereafter, and shall be made in
the form and manner set forth in the form B in the schedule
to this Act:
4. Such statements shall be sworn to before some person To be sworn
duly authorized to administer oaths in any legal proceeding, *
in the form C in the schedule to this Act:
5. The Minister may, from time to time, make such changes Minister may
in the form of such statements as seem to him best adapted ..."
to elicit from the companies a true exhibit of their condition
in respect to the several points hereinbefore enumerated.
49 W., c. 45, s. 19
20. Every company incorporated or legally formed else- Yearly state-
where than in Canada, and at present licensed or hereafter ...'. tº-
licensed under this Act, and every company which is subject porated else- .
273%
8
Chap. 124. The Insurance Act. 49 WICT.
where than in
Canada.
Blank forms
as to Canada
business.
Penalty for
violation of
two next pre-
ceding sec-
tions,
Withdrawal
of license for
non-payment
of penalty.
Penalty for
issuing any
policy in con-
travention of
this Act.
First offence
Second or
subsequent
offence.
Application
of penalty.
Limitation of
time for prose-
cution.
to the provisions of this Act, shall make annual statements
of its condition and affairs under the oath of its chief agent,
and shall furnish the same to the Minister at the same time
as Canadian companies; and the form and manner of making
of such statements shall, as to the Canada business of such
company, be the same, so far as applicable, as is required of
Canadian companies, and as to its general business, shall
be in such form and to such date as such company is required
by law to furnish to the Government of the country in which
its head office is situate, in a separate schedule attached.
The blank forms of the statements of the Canada business
shall be furnished in duplicate by the superintendent. 49 W.,
c. 45, s. 20.
PENALTIES AND FORFEITURES.
21. Every company which violates any provision of either
of the two sections next preceding shall incur a penalty of
five hundred dollars for each violation, and an additional pen-
alty of one hundred dollars for each month during which
any such company neglects to make such publication or to file
such affidavits and statements as are therein required :
2. If such penalties are not paid, the Minister, with the
concurrence of the Treasury Board, may order the license of
such company to be suspended or withdrawn, as is deemed
expedient. 49 W., c. 45, s. 21.
22. Every person who delivers any policy of insurance,
or interim receipt, or who collects any premium (except only
on policies of life insurance issued to persons not resident in
Canada at the time of issue) or carries on any business of in-
surance on behalf of any life, fire or inland marine insurance
company, without. Such license as aforesaid, shall, on sum-
mary conviction thereof, before any two justices of the peace
or any magistrate having the powers of two justices of the
peace, for a first offence, incur a penalty not exceeding fifty
dollars and costs, and not less than twenty dollars and costs;
and in default of payment the offender shall be liable to im-
prisonment with or without hard labor for a term not exceed-
ing three months and not less than one month ; and for a
second or any subsequent offence such offender shall be im-
prisoned with hard labor for a term not exceeding six months
and not less than three months :
2. One-half of any such penalty, when recovered, shall
belong to Her Majesty, and the other half thereof to the in-
former. 49 W., c. 45, s. 22.
23. All informations or complaints for the prosecution of
offences under the provisions of sections twenty-two, twenty-
five and forty-two of this Act, shall be laid or made in writ-
ing within one year after the commission of the offence.
49 W., c. 45, s. 23.
1670
1886. The Insurance Act. Chap. 124. 9
23. Unless otherwise provided in the special Act incor- Limitation of
porating any insurance company, passed by the Parliament #.º.
of Canada after the twenty-eighth day of April, one thou- Acts.
sand eight hundred and seventy-seven, or hereafter to be
passed, such special Act and all Acts amending the same
shall expire and cease to be in force at the expiration of
two years from the passing thereof, unless within such two
years the company thereby incorporated obtains a license
from the Minister under the provisions of this Act. 49 W.,
c. 45, S. 24.
SUPERINTENDENT AND HIS DUTIES,
25. The Governor in Council may appoint an officer, to Superinten-
be called the superintendent of insurance, who shall act ..." º:
under the instructions of the Minister, and shall examine pointment
and report to the Minister, from time to time, upon all """
matters connected with insurance, as carried on by the
several companies licensed to do business in Canada, or
required by this Act to make returns of their affairs:
2. Such superintendent may be appointed at a salary not Salary.
exceeding four thousand dollars per annum :
3. The Governor in Councilmay, from time to time, appoint ºr and
such officers and clerks under the superintendent, as are CI’KS.
Inecessary for the purposes of this Act: * *g
4. The superintendent shall keep a record of the several †.
documents required to be filed by each company in the dent.
superior courts of Canada, under this Act ; and shall,—
(a.) Enter in a book, under the heading of each company, Entry of
the securities deposited on its account with the Minister, i.
naming in detail the several securities, their par value, and
value at which they are received as deposit;
(b.) In each case, before the issue of any new license, or #. before
the renewal of any license, make a report to the Minister icenses.
that the requirements of the law have been complied with,
and that from the statement of the affairs of the Company
it is in a condition to meet its liabilities;
(c.) Keep a record of the licenses as they are issued ; Pecord.
(d.) Visit the head office of each company in Canada, at ºtion Of
least once in every year, and examine carefully the state- “”
ments of the condition and affairs of each company, as
required under this Act, and report thereon to the Minister
as to all matters requiring his attention and decision ; 's
(e.) Prepare for the Minister, from the said statements, an ;
annual report, showing the full particulars of each com- Finance, for
pany’s business, together with an analysis of each branch *
of insurance, with each company's name, giving items, clas-
sified from the statements made by each company : * ~ : ~~~ : 6
5. If the superintendent, after a careful examination into º
the condition and affairs and business of any company dent considers
licensed to transact business in Canada, from the annual or º: In CC0S-
other statements furnished by such company to the Min-"
1671
10 Chap. 124. The Insurance Act. 49 WICT.
. º any ister or for any other cause, deems it necessary and expe-
” dient to make a further examination into the affairs of such
company and so reports to the Minister, the Minister may,
in his discretion, instruct the superintendent to visit the
office of such company, to thoroughly inspect and examine
into all its affairs, and to make all such further inquiries as
are necessary to ascertain its condition and ability to meet
its engagements, and whether it has complied with all the
provisions of this Act applicable to its transactions:
Books to be 6. The officers or agents of such company shall cause their
#.** books to be open for the inspection of the superintendent,
and shall otherwise facilitate such examination so far as it
is in their power; and for that purpose the Superintendent
may examine under oath the officers or agents of such com-
pany relative to its business:
Record of in- 7. A report of all companies so visited by the superinten-
º * dent shall be entered in a book kept for that purpose, with
notes and memoranda showing the condition of each com-
pany after such investigation ; and a special report shall
be communicated in writing to the Minister, stating the
superintendent's opinion as to its standing and financial
position, and all other matters desirable to be made known
to the Minister :
Special re- 8. If it appears to the superintendent that the assets of
jº an any company are insufficient to justify its continuance of
pears unsafe, business under the requirements of sections seven, eight,
nine and ten of this Act, or that it is unsafe for the public to
effect insurance with it, he shall make a special report on
jºins the affairs of such company to the Minister; and if the
- Minister, after full consideration of the report, and after a
reasonable time has been given to the company to be heard
by him, and upon such further inquiry and investigation
as he sees proper to make, reports to the Governor in Council
that he agrees with the superintendent in the opinion so
expressed in his report, the Governor in Council may, if he
also concurs in such opinion, suspend or cancel the license
jº." of such company; and such company shall, during such sus-
j" pension or cancellation, be held to be unlicensed and unau-
thorized to do further business:
Penalty for 9. Every person who, after notification of the suspension
jº" or cancelling of such license in the Canada Gazette, delivers
such case. any policy of insurance, collects any premium or transacts
any business of insurance, on behalf of such company, shall
be liable to the penalties provided for in the twenty-second
section of this Act :
§: Of 10. Once in every five years, or oftener, at the discre-
pºvery tion of the Minister, the superintendent shall himself value,
five years, or procure to be valued under his supervision, the Cana-
dian policies of life insurance of all companies licensed
e under this Act to transact the business of life insurance in
* Canada; and such valuation shall be based on the mortality
table of the Institute of Actuaries of Great Britain, and on a
1672
1886. The Insurance Act. Chap. 124. 11
rate of interest at four and one half per centum per annum,
—exceptin the case of bonus additions or profits accrued or de-
clared before the twenty-eighth day of April, one thousand
eight hundred and seventy-seven, and then valued on the
basis of a rate of interest other than that above mentioned,
which, in any such valuation, shall continue to be valued on
such other basis :
11. The Minister may, from time to time, instruct the sup- Examination
erintendent to visit the head office of any company licensed º .."
under this Act and incorporated or legally formed elsewhere of Canada.
than in Canada, and to examine into the general condition
and affairs of such company; and if such company declines
to permit such examination, or refuses to give any informa-
tion necessary for such purpose, in its possession or control,
its license shall be withdrawn :
12. Every company now licensed, and every company here- Payments by
after licensed under this Act, and every company transact- ...".
ing life insurance business under the thirty-second section penses of
of this Act, shall annually contribute a sum in proportion ; *
to the gross premiums received by it in Canada during the
previous year, towards defraying the expenses of the office
of the superintendent, which sum shall be paid upon the
demand of the superintendent :
13. The sum to be contributed annually by companies ºn
carrying on the business of fire or inland marine insurance ºn-
in respect exclusively of such business carried on by them #.
shall not exceed in all eight thousand dollars: IIIllte C1.
14. The superintendent, or any officer or clerk under him, Superinten:
* e * e ent, &c., not
shall not, directly or indirectly, be interested as a shareholder jºs.
in any insurance company doing business in Canada, or li- in any com-
censed under this Act: pany.
15. The Minister shall lay the superintendent's annual Annual report
report before Parliament within thirty days after the com-jº"
mencement of each session thereof. 49 V., c. 45, s. 25.
PROVISIONS RELATING TO LIFE INSURANCE.
26. The provisions of sections twenty-seven to forty-three, º,
both inclusive, apply only to life insurance companies and to £º. RIC
other insurance companies carrying on life and other insur-
ance, only in so far as relates to the life insurance business of
such companies. 49 W., c. 45, s. 26.
Conditions on Policies.
27. No condition, stipulation or proviso modifying or im- º,
pairing the effect of any policy or certificate of life insurance #ºn
issued after the first day of January, one thousand eight tºy, to be
hundred and eighty-six, by any company doing business “
within Canada under the authority of the Parliament of
Canada shall be good or valid unless such condition, stipu-
lation or proviso is set out in full on the face or back of the
policy. 49 W., c. 45, s. 27.
1678
12 Chap. 124. The Insurance Act. 49 WICT.
As to state- 28. No policy or certificate shall contain or have indorsed
...on upon it any condition providing that such policy or certifi:
for policy, cate shall be avoided by reason of any statement contained
in the application therefor being untrue, unless such condi-
tion is limited to cases in which such statement is material
to the contract. 49 W., c. 45, s. 28.
Forfeiture and Renewal of Licenses.
Withdrawal 29. Whenever satisfactory proof has been furnished to
: the Minister of any undisputed claim upon a company,
of claims, arising on any policy of life insurance in Canada, remaining
unpaid for the space of sixty days after becoming due or of
a disputed claim remaining unpaid after final judgment in
regular course of law and tender of a legal valid discharge
made to the agent of such company, the Minister may with-
draw the license of such company. 49 W., c. 45, s. 29.
Hºli. 80. Such license may be renewed if, within thirty days
;" * * after such withdrawal, such undisputed claims or final judg-
ments upon or against the company are paid and satisfied.
49W., c. 45, s. 30.
º 31. When the license of a company carrying on the busi-
*” mess of life insurance has been withdrawn by the Minister
under any of the foregoing sections of this Act, such license
may be renewed if, within thirty days after such with-
drawal, such company complies with the requirements of
this Act to the satisfaction of the Minister. 49 W., c. 45,
s. 31.
Companies Ceasing to do Business and Release of Deposits.
Provision for $2. In the case of any company which, previously to the
* twenty-eighth day of April, in the year one thousand eight
which have hundred and seventy-seven, was licensed to transact the
... business of life insurance in Canada, and which ceased to
transact such business before the thirty-first day of March,
Notice to one thousand eight hundred and seventy-eight, having
Minister. before that date given written notice to that effect to the
Minister, the premiums due or to become due on policies
actually issued before the last-mentioned date, may continue
to be collected, and the claims arising thereon may be paid,
and all business appertaining thereto may be transacted,
and all proceedings appertaining thereto, either at law or
in equity, may be continued or commenced and prosecuted ;
How deposit, and the deposit at present in the hands of the Minister shall
.#..." be dealt with under the law as it existed previously to the
C8,Se. first mentioned date, as if this Act had not been passed. 49W.,
c. 45, s. 32.
Power and 33. When any company licensed under this Act desires.
proceedings tº e g e &
*ś to discontinue business and to have its assets in Canada
1674
1886. - The Insurance Act. Chap. 124. 13
released, and gives written notice to that effect to the Minis-ceasing busi-
ter, it may, with the consent of the policy-holders, procure *
the transfer of its outstanding policies in Canada to some
company or companies licensed under this Act in Canada,
or may obtain the surrender of the policies, as far as is practi-
cable :
2. The trustees may employ any portion of the assets Use º
vested in them for the purpose of effecting such transfer or "***
surrender :
3. The company shall file with the Minister a list of all Lists of policy
Canadian policy-holders whose policies have been so trans-É."”
ferred or have been surrendered, and also a list of those which
have not been transferred or surrendered:
4. The company shall, at the same time, publish in the Notice to be
Canada Gazette a notice that it will apply to the Minister P'".
for the release of its assets and securities on a certain day,
not less than three months after the date of the notice, and
calling upon its Canadian policy-holders opposing such
release to file their opposition with the Minister on or before
the day so named: - -
5. After that day, upon the application for release being Agtion there-
made, if the Minister, with the concurrence of the Treasury ºr as to
Board, is satisfied that such transfer or surrender has been dispºsal of
effected, he may direct that a portion of the assets held by ...,
the trustees, or securities held by the Minister, shall be
retained, sufficient in amount to cover the full equitable net
Surrender value of such policies (including bonus additions
and accrued profits), as have not been transferred or sur-
rendered, or in respect to which opposition has been filed,
and may order the remaining assets or securities aforesaid
to be released and transferred or paid over to the company: -
6. The portion retained shall be tendered in the manner Tenders
hereinafter described to the aforesaid policy-holders pro ratd, ºf
according to the aforesaid values of their respective policies;
and on the acceptance of the amount so tendered, such
policies shall thereby be deemed to be cancelled: but if If pºlicy.
such tender is refused by any policy-holder, the amount so ..."
tendered may be paid over to the company, and the policy
shall continue in force, and such policy-holder shall not be
barred from any recourse he has, either in law or in equity,
against the company to compel the fulfilment of its contract
under such policy:
7. The surrender values above mentioned shall be deter- Surrender
mined by the superintendent on the basis stated in the jº.
twenty-fifth section of this Act, and he shall collect from
the company the expenses of such valuation at the rate of
three cents for each policy or bonus addition, and shall pay
the same to the Minister before the latter shall hand over
the securities:
8. Nothing herein contained shall prevent any policy- Special
holder from making special arrangements with the company ...".
whereby his policy may be continued in force ; and, on proof
1675
14
Chap. 124 The Insurance Act. 49 WICT.
How the ten-
der shall be
made.
List and
notice to be
published in
Canada
Gazette.
And in other
papers.
Notice to be
sent to each
policy-holder.
Policy-holders
not signifying
acceptance
deemed to
have refused.
How reserve
for covering
liabilities to
Canadian
policy-hold-
ers shall be
calculated.
being given of such arrangement, such policy may be omitted
or removed from the above mentioned lists of policies, and
this Act shall thereafter not apply in respect of such policy.
49 W., c. 45, s. 33.
$4. The tender referred to in the next preceding section
shall be made in the following manner:—
(a.) A list and notice in the form D in the schedule to this
Act, or to the like effect, shall be published in the Canada
Gazette for at least thirty days previously to the day named
in such notice ;
(b.) The company shall also cause the said list and notice
to be published in such newspapers in Canada and for such
length of time as the Minister determines;
(c.) A notice in the form E in the schedule to this Act, or
to the like effect, shall be sent by mail (postpaid or franked)
from the office of the superintendent to each of the policy-
holders named in the said list, whose address is known to
him ; and such notice shall be deposited in some post office
in Canada at least thirty days previously to the day named
therein, which shall be the same day as that named in the
list and notice above mentioned;
(d.) Any policy-holder who does not signify in writing to
the superintendent his acceptance of the amount so tendered,
on or before the day named in the said notice, shall be
deemed to have refused the same ; but the Minister may, at
any time prior to the payment over to the company of the
amount so refused allow any policy-holder to signify his
acceptance of such amount, which acceptance, so allowed,
shall have the same effect as if made on or before the day
named in the said notice. 49 W., c. 45, s. 34.
$5. In computing or estimating the reserve necessary to
be held in order to cover its liability to policy-holders in
Canada, each company may employ any of the standard
tables of mortality as used by it in the construction of its
tables, and any rate of interest not exceeding four and one
half per centum per annum ; but if it appears to the Super-
intendent that such reserve falls below that computed on
the basis stated in the twenty-fifth section of this Act, he
- shall report the same to the Minister, who may thereupon
Minister may
order re-com-
putation.
Costs.
direct the superintendent to compute, or to procure to be
computed under his supervision, the reserve on the basis
therein mentioned, and the amount so computed, if it differs
materially from the return made by the company, may be
substituted in the annual statement of assets and liabilities;
and in such case the company shall furnish to the Superin-
tendent, on application, the full particulars of each of its
policies necessary for such computation, and shall pay to the
superintendent an amount at the rate of three cents for each
policy or bonus addition so computed,—which amount he
shall pay over to the Minister 1676
i
1886. * The Insurance Act. Chap. 124. 15
2. Any company instead of itself computing or estimating Company,
the reserve above mentioned, may require the same to be .
computed by the superintendent on the basis stated in the by superin-
twenty-fifth section of this Act, on payment of alike amount “”
as is mentioned in the next preceding sub-section :
3. Provided always, that in the case of any bonus addi-Proviso; as to
tions or other profits on the policies of any company, accrued ... ºil.
or declared before the twenty-eighth day of April, one thou- on policies.
sand eight hundred and seventy-seven, and which have
been heretofore valued on the basis of a rate of interest other
than that above mentioned, such company may compute or
have the same computed on such other basis: and provided And as to
also, that in the case of any company which has heretofore ...e.
based its computation or estimate of its reserve necessary to toforººom:
cover its liability to policy-holders in Canada (other than *::::::::,
the reserve to cover the bonus additions or other profits in cent interest.
the last proviso mentioned) on a rate of interest of five per
centum per annum, the basis of computation or estimates
mentioned in the twenty-fifth section and in this section,
shall not apply until the twenty-eighth day of April, one
thousand eight hundred and eighty-seven, but such com-
pany may, until such date, compute such reserve, or have
the same computed, at a rate of interest not exceeding five per
centum per annum. 49 W., c. 45, s. 35.
Mutual or Assessment Life Insurance Companies.
36. No company shall, without being licensed or regis- ºn
tered under this Act, carry on within Canada any business *
of life insurance by promising to pay on the death of a
member of such company, a sum of money solely from the
proceeds of assessments or dues collected or to be collected
from the members thereof for that purpose, except that in Proviso: as
the case of any contract entered into, or any certificate of tºonººts
º - e t rior to 20
membership or policy of insurance issued before the twen- }. 1883.
tieth day of July, one thousand eight hundred and eighty-
five, by any company carrying on such business, assessments
may be made and collected, and claims paid, and all busi-
ness connected there with transacted without any penalty
being incurred. 49 W., c. 45, s. 36.
37. Any company incorporated or legally formed within Certain com-
Canada, which transacts business of the nature described ;:
in the next preceding section may, at the discretion of the exempted
Minister, on report of the superintendent, approved by the º,
Treasury Board, be exempted from the operation of the fore- of this Act.
going provisions of this Act, except those of sections twenty-
five, twenty-seven, twenty-eight, twenty-nine, thirty and
thirty-one, and be permitted to transact the business of life
insurance on the conditions specified in the five sections
next following. 49 W., c. 45, s. 37.
1677
*A*-
16 Chap. 124. The Insurance Act. 49 WICT.
Goºditions of 38. Companies to be so exempted shall register their
i..* titles or corporate names in the office of the superintendent;
they shall also make attested returns of their condition and
affairs at such times and in such form, and attested in such
manner, as are prescribed by the Minister, and the super-
intendent shall include such returns in his annual report ;
Penalty fºr and any failure to make such returns when called for by
... the superintendent, shall subject such company, and any
With. officer thereof, to the penalties mentioned in the twenty-
first section of this Act :
Yearly renºw 2. The registration of any such company shall cease to be
... ** valid on the thirty-first day of March in each year, but shall
be renewable from year to year, in the discretion of the
Minister, 49 W., c. 45, s. 38.
* 89. The provisions of this section shall apply to corpora-
tions or associations incorporated or legally formed elsewhere
than in Canada for the purpose of carrying on the business
of life insurance upon the co-operative or assessment plan :
License may. 2. Any such corporation or association may be licensed
...?" by the Minister under the provisions of this Act, to trans-
eposit of
$50,000. act business in Canada upon depositing with him fifty
Duration of thousand dollars, and thereafter shall have the right to
license. transact business so long as it continues to pay its losses to
the full limit named in its certificates or policies, and has
complied with all the requirements of this Act and of the
superintendent of insurance :
ºther depo- 3. In addition to such deposit of fifty thousand dollars,
sits may be e º " **. $º -
required. the Minister, upon the report of the superintendent, ap-
proved by the Treasury Board, may, from time to time,
require such other and further deposit as is recommended
in such report and so approved, to be made by such com-
panies or deposited with trustees to be named by the Min-
ister upon such trusts as are determined by the Governor
in Council :
º 4. Death claims shall be a first charge on all moneys
charge. realized from assessments, and no deduction shall be made
from any such death claims on any account whatsoever :
Application 5. No portion of any moneys received from assessments
of moneys & * -
from asses- for death claims shall be used for any expense whatever;
mentS. and every notice of any assessments shall truly specify the
Cause and purpose thereof:
Notice to be 6. Every application, policy and certificate, issued or used
inted o e
i. § by any such company in Canada, shall have printed there-
On, in a conspicuous place, in ink of a color different from
that of the ink used in the instrument, and in good sized
type, the following words:—
Form. “This association is not required by law to maintain the
“reserve which is required of ordinary life insurance com-
“panies : ” -
Promise to
|-e -\ s * iº *
7. Every certificate and policy shall contain a promise to .
pay out of * g e
certain funds pay the whole amount therein mentioned out of the death
1678
1886. The Insurance Act. Chap. 124.
17
fund of the association and out of any moneys realized from
assessments to be made for that purpose, and every such
association shall be bound, forthwith and from time to time,
to make assessments to an amount adequate with its other
available funds to pay all obligations created under any
such certificate or policy without deduction or abatement :
8. The condition embodied in the next preceding sub-
section shall be inserted in every policy or certificate issued
or delivered by any such company to any person insured in
Canada :
9. In every policy issued by a company licensed in
accordance with this section of this Act in favor of a resi-
dent of Canada, a clause shall be either embodied therein
or indorsed thereon, to the effect that an action to enforce
the obligation of such policy may be validly taken in any
court of competent jurisdiction in the Province wherein the
policy-holder resides or last resided before his decease, and
such policy shall not contain any provision inconsistent with
such clause 49 W., c. 45, s. 39.
40. The provisions contained in sub-sections four, five,
six, seven and eight of the next preceding section shall also
apply to any company (not being such a company, Society
or association as is referred to in section forty-three of this
Act), incorporated in Canada and carrying on the business
of life insurance upon the co-operative or assessment plan.
49 V., c. 45, s. 40.
41. The words “assessment system ’’ shall be printed
in large type at the head of every policy and every appli-
cation for the same, and also in every circular and adver-
tisement issued or used in Canada in connection with the
business of a company to which any of the provisions of the
five sections next preceding apply. 49 W., c. 45, s 41.
42. Every director, manager, agent or other officer of any
such company as is hereinbefore lastly mentioned, which
carries on business without being licensed or registered,
and—
(b.) Every person who transacts any business of insur-
ance on behalf of any such company which so carries on
business without being registered or licensed and,-
(c.) Every such company which neglects to print the words
“assessment system ’’ as provided by the next preceding
section, and,-
(d.) Every director, manager, agent or other officer of such
company, and every other person who transacts business on
behalf of any such company, who circulates or uses any appli-
cation, policy, certificate, circular or advertisement on which
the words “assessment system ’’ are not printed, as herein-
before provided,
Shall be liable to the penalties mentioned in the twenty-
second section of this Act. to be con-
tained in
policy, &c.
Condition to
be in every
policy issued
in Canada.
Clause requir-
ed in policies
in favor of
residents in
Canada.
Certain pro-
visions to
apply to
companies
not referred
to in section
43.
Form of
words to be
printed on
certain
policies.
Penalty for
doing busi-
ness or using
forms of poli-
cies, &c., in
contravention
of this Act.
1679
º c. 45, s 42.
18
Chap. 124, The Insurance Act. 49 WICT.
Certain socie-
ties exempted
from this Act.
But such
societies may
avail them-
selves of this
Act.
What provi-
sions shall be
applicable to
fire and inland
marine Com-
panies.
Licenses for-
feited by fail-
ure to make
deposit or
non-payment
of claims.
Renewal on
certain con-
ditions.
Duty of com-
pany ceasing
business.
43. Nothing in this Act contained shall apply to any
society or association of persons for fraternal, benevolent,
industrial or religious purposes, among which purposes is
the insurance of the lives of the members thereof exclus-
ively; or to any association for the purpose of life insur-
ance, formed in connection with such society or organiza-
tion and exclusively from its members, and which insures
the lives of such members exclusively :
2. Any society or association which is declared by this
section to be exempt from the application of this Act, may
nevertheless apply to the Minister to be allowed to avail
itself of the provisions of the seven sections next preceding ;
and upon such application being assented to, such society
or association shall cease to be so exempt by virtue of this
section. 49 W., c. 45, S. 43.
IPROVISIONS REIATING TO FIRE AND INIAND MARINE
INSURANCE.
44. The provisions of sections forty-five to forty-eight,
both inclusive, apply only to fire and inland marine insur-
ance companies, and to other insurance companies carrying
on fire and other insurance or inland marine and other insu-
rance, in so far as relates to the fire or inland marine insu-
rance business of such companies. 49 W., c. 45, S. 44.
Forfeiture and Renewal of Licenses.
45. Whenever any company fails to make the deposits
under this Act at the time required, or whenever written
notice has been served on the Minister of any undisputed
claim arising from loss insured against in Canada remaining
unpaid for the space of sixty days after it becomes due, or
of a disputed claim remaining unpaid after final judgment
in regular course of law and tender of a legal valid dis-
charge, the license of such company may be withdrawn by
the Minister. 49 V., c. 45, s. 45.
46. Such license may be renewed, and the company may
again transact business, if, within sixty days after notice to
the Minister of the failure of the company to pay any undis-
puted claim, or the amount of any final judgment as pro-
vided in the next preceding section, undisputed claims or
final judgments upon or against the company in Canada are
paid and satisfied. 49 W., c. 45, S. 46.
Companies Ceasing to do Business and Release of Deposits.
47- When any company has ceased to transact business
in Canada, and has given written notice to that effect to the
Minister, it shall insure, on behalf of its Canadian policy-
holders, all its outstanding risks, in some company or com-
panies licensed in Canada, or obtain the surrender of the
1680
1886. The Insurance Act. Chap. 124. 19
policies; and its securities shall not be delivered to the
company until the same is done to the satisfaction of the
Minister : -
2. Upon making application for its securities, the com-Conditions on
pany shall file with the Minister a list of all Canadian policy- . * be
holders who have not been so re-insured or who have not released.
surrendered their policies; and it shall, at the same time,
publish in the Canada Gazette a notice that it has applied
to the Minister for the release of its securities on a certain
day, not less than three months after the date of the notice,
and calling upon its Canadian policy-holders opposing such
release to file their opposition with the Minister on or before
the day so named; and after that day, if the Minister, with
the concurrence of the Treasury Board, is satisfied that the
company has ample assets to meet its liabilities to Canadian
policy-holders, all the securities may be released to it by the
Governor in Council,--Or a sufficient amount of them may Retaining
be retained to cover the value of all risks outstanding or º
respecting which opposition has been filed, and the remain-standing
der may be released; and thereafter, from time to time, as risks.
such risks lapse, or proof is adduced that they have been
satisfied, further amounts may be released on the authority
aforesaid : *
3. When a company has ceased to transact business in Payment of
Canada after the notice hereby required, and its license has #.
in consequence been withdrawn, such company may, never- been with-
theless, pay the losses arising upon policies not re-insured or *
surrendered, as if such license had not been withdrawn.
49 W., c. 45, s. 47. -
Fire Policies.
48. No fire policy shall be issued for or extend over a Duration of
loriger period than three years. 49 W., c. 45, s. 48. fire policies.
INSURANCE OTHER THAN LIFE, FIRE OR INLAND MARINE.
49- No company or person shall issue any policy other Nºy
:. * e • & * & & t cº O ÚI’8,InS8,C
than a life, fire or inland marine insurance policy, or receive ...,
any premium in respect thereof, or carry on any business of of insurance
insurance other than life, fire or inland marine insurance, ...;
without permission obtained from the Minister, who, with without per-
the approval of the Governor in Council, shall determine in *
each case, whether such permission, shall be granted, and
whether a license is proper or necessary to be issued, and
whether any and what deposit shall be required to be made
with the Minister, and the sections of this Act which shall
apply to such company or person : .
2. The Minister may require annual statements under Pºwers of the
oath of Such business, in such form and manner as he deems *::: ºm.
expedient, may revoke the permission or license granted if panies receiv-
he sees cause therefor, and may grant to the superintendent :: *
the same powers with regard to such company as are con-
1681
Chap. 124. The Insurance Act. 49 WICT.
Penalty for
Contraven-
tion.
Ocean marine
companies
exempted.
ferred on him by this Act with regard to other insurance
companies, and may require such company to contribute
towards the expenses of the office of the superintendent such
sum as he deems equitable:
3. Every company or person carrying on any such busi-
ness without obtaining such permission or license, or after
such permission or license is revoked, or which neglects or
refuses to make the statements required,—and every person
who delivers any policy of insurance, or collects any premium
on behalf of such company, shall respectively incur the
penalties mentioned in the twenty-first and twenty-second
sections of this Act :
4. This section shall not apply to companies carrying on,
in Canada, Ocean marine insurance business exclusively.
49 W., c. 45, s.49.
S C H E D U L E .
FORM A.
DETAILS OF YEARLY STATEMENT—LIFE INSURANCE.
A list of the stockholders, with the amount subscribed
for, the amount paid thereon, and the residence of each
stockholder.
Property or Assets held by the Company, specifying Assets as
per Ledger Accounts.
The value (as nearly as may be) of the real estate held by
the company ;
The amount secured by way of loan on real estate,
whether by mortgages, bonds or any other security, distin-
guishing between those having first or second lien on such
real estate ;
The amount of loans secured by bonds or stocks or other
collaterals;
The amount of loans, as above, on which interest has
not been paid within one year previous to such statement,
with a schedule thereof;
The amount of loans made in cash to policy-holders on
the company's policies assigned as collaterals;
Premium notes, loans or liens on policies in force, the
reserve on each policy being in excess of all indebtedness
thereon,
Par and market values of Canadian and other stocks and
securities owned by the company, specifying in detail the
amount, number of shares, and the par and market value of
each kind ;
Amount of cash at head office ;
Amount of cash in banks; with details;
Bills receivable ;
Agents' ledger balances;
1682
1886. -' The Insurance Act. Chap. 124.
2f
Other Assets.
Interest due and accrued;
Rents due and accrued;
T]ue from other companies for losses or claims on policies
of the company re-insured;
Net amount of uncollected and deferred premiums;
Commuted commissions ; -
All other property owned by the company, with details :
Liabilities.
Net present value of all outstanding policies in force, with
mode of computation or estimation, deducting those re-
insured;
Premium obligations in excess of net values of their policies;
Claims for death losses and matured endowments, and
annuity claims, due and unpaid, or in process of adjustment,
or adjusted but not due, or resisted;
Dividends to stockholders, and dividends of surplus or
other profits to policy-holders, due and unpaid :
Amount due on account of office expenses;
Amount of loans;
Amount of all other claims against the company :
Income.
Amount of cash premiums received, less re-insurance. Pre-
mium notes, loans or liens taken in part payment for pre-
miums; and premiums paid by dividends, including re-con-
verted-additions, and by surrendered policies;
Cash received for annuities ;
Amount of interest received ;
Amount received for rents:
Net amount received for profits on bonds, stocks and other
property actually sold ;
All other income in detail:
Premium Note Account.
Premium notes, loans or liens on hand at date of last pre-
vious statement;
Additions and deductions in detail during the year;
Balance, note assets at date :
Earpenditure.
Total amount actually paid for losses and matured endow-
ments; s
Cash paid to ammuitants and for surrendered policies;
Premium notes, loans;or liens used in purchase of surren-
dered policies; - -
The same voided by lapse;
28% 1683
2
Chap. 124. The Insurance Act. 49 WICT.
2
Cash surrender values, including re-converted additions
applied in payment of premiums;
l)ividends paid to policy-holders, or applied in payment of
premiums;
Premium notes, loans or liens used in payment of dividends
to policy-holders;
Cash paid stockholders for interest or dividends ;
Cash paid for commissions, salaries and other expenses of
officials;
Cash paid for taxes, licenses, fees or fines ;
"All other expenditures in detail:
Exhibit of Policies.
Number and amount of policies and additions in full at
the end of the previous year;
New policies and changes ;
Policies terminated, and the manner of termination ;
Number and amount of policies in force at date of state-
ment ;
Re-insurances.
49 W., c. 45, sch. form A.
Eº-mºmºmºmºmº
FORM B.
DETAILS OF ANNUAL STATEMENTS.–FIRE AND IN LAND MARINE
INSURANCE,
A list of the stockholders, with the amount subscribed for,
the amount paid thereon, and the residence of each stock-
holder : *
The Property or Assets held by the Company, specifying,
The value (as nearly as may be), of the real estate held
by the company;
The amount of cash on hand and deposited in banks to
the credit of the company—specifying in what banks the
same are deposited, with amounts separately ;
The amount of cash in the hands of agents; t
The amount of loans secured by bonds and mortgages
constituting either a first or second lien on real estate, in
separate schedules;
The amount of loans on which interest has not been
paid within one year previous to such statement, with a
schedule thereof;
The amounts due the company for which judgments
have been obtained ;
The amount of Canadian stocks held by the company,
and of any other stocks owned by the company, specifying
in detail the amount, number of shares, and par and market
value of each kind of stock owned by the company abso-
Jutely ;
1684
1886. . - The Insurance Act. Chap. 124.
2
The amount of stocks held as collateral security for
loans, with the amount loaned on each kind of stock, its par
and market value ;
The amount of assessments on stock and premium notes,
paid and unpaid :
The amount of interest actually due and unpaid ; also
the amount of interest accrued and unpaid ;
The amount of premium notes on hand on which policies
are issued, with amount paid thereon ; also, bills receivable
Held by the company and considered good, the amounts of
each class separately, and the amounts on each class over-
due ;
The amount of all other property belonging to the
company, with a detail thereof:
The Liabilities of the Company, specifying,
The amount of losses due and yet unpaid;
Amount of losses adjusted, but not due;
Amount of losses incurred during the year, including
those claimed, not yet adjusted, and of those reported to
the company upon which no action has been taken—the
amounts of each class separately, carrying out the totals in
One Sum ;
Amount of claims for losses resisted by the company,
distinguishing those in suit; -
Amount of dividends declared and due, and remaining
unpaid ; -
Amount of dividends declared, but not yet due ;
Amount of money borrowed, and security given for pay-
ment thereof—stating each loan separately, and the interest
paid therefor;
The amount of unearned fire premiums;
Amount of unearned inland marine premiums;
Amount received for marine (ocean) premiums, not marked
off;
Amount of all other claims against the company, with
a detailed statement thereof;
Aggregate amount of all unpaid losses, claims and liabil-
ities whatsoever, except capital stock:
Income of the Company, specifying,
Amount of cash premiums received, less re-insurance;.
Amount of notes received for premiums, less re-insurance;
Amount of interest money received; - .
Amount of income received from all other sources:
Ea'penditure of the Company, specifying,
Amount paid for losses which occurred prior to the first
day of January last, deducting savings and salvage, which
losses were estimated in the last statement at $
j
284% - 1685
Chap. 124. The Insurance Act. * 49 WICT.
Amount paid for losses which occurred during the year,
deducting savings and salvage ; -
Total amount actually paid during the year for losses in
each branch, in separate columns;
Amount and rate of dividends paid during the year;
Amount of expenses paid during the year, including
commissions and fees to agents and officers of the company;
Amount of all other payments and expenditures, with
details thereof: - -
Miscellaneous.
Gross amount of risks taken during the year, original and
renewal, in each branch of the company's business separately
—deducting amount of re-insurance effected thereon in each.
branch separately ;
And amount of risks in force at end of the year in each
branch of the company's business, deducting re-insurance ;
and showing at foot, in separate columns, the net amount of
risks then in force.
49 W., c. 45, sch. form B. w
FORM C.
Form of Declaration to accompany the Statement.
Province of l
County of ſ
President, and
Secretary of
Company being duly sworn, depose and say, and
each for himself says, that they are the above described
officers of the said company, and that on the day of
last all the above described assets were the
absolute property of the said company, free and clear from
any liens or claims thereon, except as above stated, and that
the foregoing statement, with the schedules and explana-
tions hereunto annexed and by them subscribed, are a full
and correct exhibit of all the liabilities, and of the income
and expenditure, and of the general condition and affairs of
the said company, on the said day of
last, and for the year ending on that day, according to the
best of their information, knowledge and belief, respectively.
Signatures.
Subscribed and sworm to before me, this day of
A.D. 18 -
49 W., c. 45. sch, form C.
1686
1886. - The Insurance Act. Chap. 124.
FORM D.
. In the matter of the * (here insert
name of the company). Notice is hereby given that the
Minister of Finance has, pursuant to the thirty-third and
thirty-fourth sections of “The Insurance Act,” directed assets
to be retained, sufficient in amount to cover the full equit-
able net surrender value of the policies in the above com-
pany (including bonus additions and accrued profits) which
have not been transferred or surrendered or in respect of
which opposition has been filed as provided by the said
thirty-third section; and the assets so retained are hereby
tendered to the aforesaid policy-holders pro ratá according
to the aforesaid values of their respective policies. A list of
such policy-holders and of the amounts tendered to them
respectively is hereinunder given, and notice is hereby given
that any policy-holder not signifying in writing to the
Superintendent of Insurance his acceptance of the amount
hereby tendered to him on or before the day of
, A.D. 18 , shall be deemed to have refused the
same, and the amount tendered may, pursuant to the said
Act, be paid over to the company. w
List of policy-holders and amounts tendered :

Name Address so far as Amount and number Amount
known. of policies. tendered.
Dated at Ottawa this day of
A.D. 18
(Signed)
Minister of Finance,
Canada.
(Signed)
Superintendent of Insurance.
49 W., c. 45, sch. form D.
tº-mºmºsºs
FORM. E.
‘OFFICE OF THE SUPERINTENDENT OF INSURANCE,
DEPARTMENT OF FINANCE,
OTTAWA, 18
In the matter of the (here insert the name of the company.)
You are hereby notified that the Minister of Finance has,
pursuant to the thirty-third section of “The Insurance Act,”
"directed assets to be retained sufficient in amount to cover the
full equitable net surrender value of the policies in the
above company, including bonus additions and accrued
1687
26.
Chap. 124. The Insurance Act. 49 Vict:
profits which have not been transferred or surrendered or in
respect to which opposition has been filed as provided by
the said thirty-third section. The assets so retained are ten-
dered to the aforesaid policy-holders pro ratá according to
the aforesaid values of their respective policies.
The amount hereby tendered to you, and the policy or
policies in respect of which the same is tendered, are given
below, and you are hereby notified that unless on or before
the - day of A. D., 18 , you.
signify in writing to the Superintendent of Insurance your
acceptance of the amount hereby tendered, you shall be
deemed to have refused the same, and the amount tendered
may, pursuant to the said Act, be paid over to the company.
Yours, &c.,
(Signed),
Superintendent of Insurance.
Name. Number and Amount of Policy. Amount Tendered.
49 W., c. 45, sch. form E.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1688
, sº - º ſº - -
Nº. is ſºlº º
Pºlºšº
P. >Sº
ºf &s:
Lºrº-2 &
Sºº-ºº: * * *
º:
CHAPTER 125.
An Act respecting Loans in Canada by British com- A.D. 1886."
•, panies. * =s
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Amy institution or corporation duly incorporated under Certain Brit-
the laws of the Parliament of the United Kingdom, for the . .”
purpose of lending money, may, on receiving a license from licensed by
the Secretary of State of Canada, authorizing it to carry on šº,
business within Canada, transact any loaning business, of on business
any description whatsoever, within Canada, in its corporate º,
name, except the business of banking, and may take and º
hold any mortgages of real estate, and any railway, munici-
pal, or other bonds of any kind whatsoever, on the security
of which it lends its money, at any rate of interest not ex-
ceeding the rate permissible on such securities by the Acts
incorporating similar companies in the several Provinces of
Canada, and whether the said bonds form a charge on real
estate within Canada or not, and may also hold such mort-
gages in its corporate name, and may sell and transfer the
same, and hold and convey the title to real estate acquired
as mortgagees or chargees : Provided, that such corporation Proviso: reas
shall sell or dispose of the real estate so acquired within five iºus
years from the time when the mortgage on such real estate sold within a
|becomes due and payable under the terms of the instrument * *
creating such mortgage. 37 W., c. 49, s. 1.
2. Every company which obtains such license as aforesaid Formalities
shall, before commencing business, file in the office of the º
Provincial Secretary of each Province in which the company corporation
proposes to do business, a certified copy of the charter, Act of ...".
incorporation or articles of association of such company, business
and also a power of attorney to the agent or manager of such "9"
company, in such Province, signed by the president or man-
aging director and secretary j and verified as to its
authenticity by the oath of the principal agent or manager
of such company in Canada, or by the oath of any person
cognizant of the facts necessary for its verification :
2. Such power of attorney shall expressly authorize such What power
agent or manager, as far as respects business done by such iºn
agent or manager within such Province, to accept process *
in all suits and proceedings against such company, in such
Province, for any liabilities incurred by such company there-






















1689
2 Chap. 125. Loans by British Companies. 49 WICT.
in, and shall declare that service of process on such agent
or manager for such liabilities shall be legal and binding on
such company to all intents and purposes whatsoever, and
shall waive all claims of error by reason of such service.
37 W., c. 49, s. 2. .-: * * * * * . . ~~
: 3. After such certified copy of the charter, Act of incor-
. against poration or articles of association, and such power of attorney
...” 3,162 filed as aforesaid, any process in any suit, action or pro-
.# j- ceeding against such company, for any liability incurred in
ings thereon, any Province, may be served upon such manager or agent in
the same manner as process is served upon the proper officer
of any company incorporated in such Province; and all pro-
ceedings may be had thereupon to judgment and execution,
in the same manner as in proceedings in any civil suit or
action in such Province. 37 W., c. 49, s. 3.
ºn of 4. Every company which obtains such license as aforesaid
notice of • . ... • º º
icense or of shall forthwith give due notice thereof in the Canada Gazette,
lº and in at least one newspaper in the county, city or place
business in where the principal manager or agent of such company tran-
* Place sacts the business thereof, and shall continue the publication
thereof for the space of one calendar month; and the like
notice shall be given when such company ceases, or gives
notice that it ceases, to carry on business within the Province.
37 W., c. 49, s. 4. -
º 5. The Secretary of State may, if he sees fit, issue such
shali be issued license as aforesaid, on being furnished with evidence of the
º §ºtary due incorporation of the company, applying for such license,
o under the laws of the Parliament of the United Kingdom,
—which evidence shall be a certified copy of the charter, Act
of incorporation or articles of association of such company,
—and on being furnished with a power of attorney from such
company to the person appointed as the principal agent or
manager of such company within Canada, under the seal of
such company and signed by the president or managing
director and secretary thereof, and verified by the oath of an
attesting witness, expressly authorizing such agent or man-
ager to apply for such license:
ſº 2. The fee to be paid by such company, on the issuing of
such license, shall be twenty dollars. 37 V., c. 49, s. 5.
Gorporations
licensed to 6. Every corporation or institution authorized under the
make returns provisions of this Act to lend and invest money in Canada,
...” shall, by its agent or manager in Canada, make returns to the
Companies Minister of Finance and Receiver General of all the business
Act. done by it in Canada, at the same time and in the same
manner as if such corporation or institution had been incor-
porated as a loan company under the provisions of “The
Companies Act.” 40 W., c. 43, s. 107.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
CEIAPTER 126.
An Act respecting returns by certain persons and cor- A.D. 1886.
porations receiving moneys on deposit at interest.
HFº Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- Every person, corporation or institution, except char- Every person
tered banks, receiving money in small sums, on deposit at ºg
º e savings OLl
interest as savings, shall be bound to make such returns as jepoji bound
to such deposits, and the investment thereof, as the Governor º,
in Council, from time to time, requires, and to register with “"“”
the Minister of Finance and Receiver General, and notify in
such manner as the Governor in Council directs, the name
of the institution, and that of the officer or person on whom
process may be served in any suit or proceeding; and every penalty for
wilful refusal or neglect to obey any such Order in Council default.
shall be a misdemeanor. 34.W., c. 6, s. 24.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

1691
CHAPTER 127.
An Act respecting Interest. A. D. 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Except as otherwise provided by this or by any other Any person,
Act of the Parliament of Canada, any person may stipulate ###,
for, allow and exact, on any contract or agreement whatso- and receive
ever, any rate of interest or discount which is agreed upon. . rate of
C. S. C., c. 58, s. 3 ;-38 W., c. 18, s. 1. interest.
2- Whenever interest is payable by the agreement of iº,
parties or by law, and no rate is fixed by such agreement or ; hºis.
by law, the rate of interest shall be six per centum per º pro-
1S1 OIł.
annum. C. S. C., c. 58, s. 8;—36 W., c. 71, s. 1. -
INTEREST ON MONEY S SECUR.E.D. 6) N MORTGAGE.
3. Whenever any principal money or interest secured by Nº-
mortgage of real estate is, by the same, made payable on the ãº,
sinking fund plan, or on any plan under which the pay- unless the
ments of principal money and interest are blended, or on .
any plan which involves an allowance of interest on stipu- certain state-
lated repayments, no interest whatever shall be chargeable, *
payable or recoverable, on any part of the principal money
advanced, unless the mortgage contains a statement showing
the amount of such principal money and the rate of interest
chargeable thereon, calculated yearly or half-yearly, not in %
advance. 43 W., c. 42, s. 1.
4- Whenever the rate of interest shown in such state- No rate re-
ment is less than the rate of interest which would be charge- §ºis
able by virtue of any other provision, calculation or stipula- shown in such
tion in the mortgage, no greater rate of interest shall be *
chargeable, payable or recoverable, on the principal money }~
advanced, than the rate shown in such statement. 43 W.,
c. 42, s. 2.
5. No fine or penalty or rate of interest shall be stipulated Nº.
for, taken, reserved or exacted on any arrear of principal or ... in
interest secured by mortgage of real estate, which has the arrear.
effect of increasing the charge on any such arrear beyond the X

1693
2 Chap. 127. Interest. 49 WICT
ºisº; as to rate of interest payable on principal money not in arrear; but
interest. On e g e e -
jº nothing in this section contained shall have the effect of pro-
interest. hibiting a contract for the payment of interest on arrears of
interest or principal at any rate not greater than the rate
payable on principal money not in arrear. 43 W., c. 42, s. 3.
$º 6.- If any sum is paid on account of any interest, fine or
jºerjack, penalty not chargeable, payable or recoverable under the
three sections next preceding, such sums may be recovered
back, or deducted from any other interest, fine or penalty
chargeable, payable or recoverable on the principal. 43 W.,
c. 42, s. 4.
No further in- 7. Whenever any principal money or interest secured by
terest payable - tº ſº q - º te *† =
after five mortgage of real estate is not, under the terms of the mort
years on cer- gage, payable till a time more than five years after the date
†. of the mortgage, then, if, at any time after the expiration of
* A.,…, , ;...., such five years, any person liable to pay or entitled to
Aag ..., 21......, redeem the mortgage tenders or pays, to the person entitled
#v Žis accº. 34% ºf a £34, to receive the money, the amount due for principal money
% $º..."?...... and interest to the time of payment, as calculated under the
J.
£2 y? ::::::: 2 tº º Aº jº.:
*** - 1.
: £ º.º.º.º. ºfaur sections next preceding, together with three months'
lºr ºf * @'ſ t e : Tº ſº... . . . . . º º e -> e
%:...º. º. º. further interest in lieu of notice, no further interest shall be
% éº 24, º chargeable, payable or recoverable at any time thereafter
*f; ; ; ; ; ; , ; ; /*,” ". . . . . . . . .22& – e º e
3.2%% . . . .on the principal money or interest due under the mortgage.
tºº; // º 'º', ; ; 43 Vº c. 42, s. 5. X
*C.r.º. ..º.º. P., f: - & g jº «». 3% \} >
jº. S. The provisions of the five sections next preceding shall
‘OI Il We SèCLIOnS - * - b - e ºn O'LY º
::..." only apply to moneys secured by mortgage on real estate
ing. executed after the first day of July, in the year one thousand
eight hundred and eighty. 43 W., c. 42, s. 6.
ONTARIO AND QUEBEC.
Qntario and 9. The two sections next following apply to the Pro-
| . Quebec. vinces of Ontario and Quebec.
/. Nº 10. Except as otherwise provided by this or any other Act
cºntº, is or law, no corporation or company or association of persons,
tºken by any not being a bank, authorized by law before the sixteenth
º ration. day of August, one thousand eight hundred and fifty-eight,
& to lend or borrow money, shall, upon any contract, take
‘...'
n . . .” directly or indirectly, for loan of any moneys, wares, mer-
/ : \, ... & tº s º -
\ » chandise or other commodities whatsoever, above the value
! ~~ of six dollars for the advance or forbearance of one hundred
_2^ dollars for a year, and so after that rate for a greater or less
sum or value, or for a longer or shorter time :
#Proviso : as 2. Provided that any insurance company, incorporated by
#. Act of the legislature of the late Province of Canada, or of
companies, either of the late Provinces of Upper or of Lower Canada,
or by charter from Her Majesty, or by an Act of the Parlia-
ment of the United Kingdom, and any corporation constitu-
1694
1886. Interest. Chap. 127.
ted for religious, charitable or educational purposes, in the - ****
Provinces of Ontario or Quebec, authorized by law to lendor º
borrow money, may stipulate for, allow and exact, on any tº
contract or agreement whatsoever, any rate of interest or dis- ? ... "
count which is agreed upon, not exceeding eight per centum | * . . .
per annum. C. S.C., c. 58, ss 6 and 9, part;-C. S.U. C., c. 43, i' …"
s. 4, part ;-23 W. (Can.), c. 34;-36 W., c. 70.
II- All bonds, bills, promissory notes, contracts and assur- Contracts
ances whatsoever made or executed in violation of the pro- *:::::::
visions of the section next preceding, whereupon or whereby visions are --
a greater interest is reserved and taken than authorized by * !, &
this or any other Act or law, shall be void; and every cor- tº
poration, company and association of persons, not being a
bank, authorized to lend or borrow money as aforesaid, which, h 4 ×
directly or indirectly, takes, accepts and receives a higher “ , ”
rate of interest, shall incur a penalty equal to treble the value Penalty. à
of the moneys, wares, merchandise, or other commodities lent *}
y .."
, 2 & --
: '...' 2"
k
#
... "
.*
*
or bargained for : :
2. Such penalty may be recovered by action in any court Recoyºry *}
of competent jurisdiction, and one moiety thereof shall belong mº
to Her Majesty for the public uses of Canada, and the other ^2.
moiety to the person who sues for the same. C. S. C., c. 58, '2"
s. 9, part ;-C. S. U. C., c. 48, S. 4, part, •

NOVA SCOTIA.
12. The five sections next following apply to the Province Nova Scotia. . ;
of Nova Scotia, but shall not extend to any hypothecation or * , , º
agreement in writing entered into for money advanced upon . ."
. . 4.'
the bottom of a ship or vessel, her cargo or freight. R. S. N. S. * - __
(2nd S.), c. 82, s. 3;-36 W., c. 71, s. 4.
13. Any person may stipulate and agree in writing for # ,
any rate of interest not exceeding seven per centum per . . . . .]
annum, for the loan or forbearance of money to be secured . . . . ‘. .
on real estate or chattels real; and any person may stipulate Ahd ten perº”
in writing for or may receive in advance any rate of interest ...”
not exceeding ten per centum per annum, whenever the ``
security for the payment of the money consists only of per-
sonal property or the personal responsibility of the person
to whom forbearance is given, or of others. 36 W., c. 71, s. 2.
{
... "
14. In any action brought on any contract whatsoever, in Excessive in- A
which there is, directly or indirectly, taken or reserved a ... ."
rate of interest exceeding that authorized in the next pre- . .”
ceding section, the defendant may, the same being duly . . . .
pleaded, as in other cases, prove such excessive interest, and . . .”
it shall be deducted from the amount due on such contract. ``"
36 W., c. 71, s. 3. - : -
15. No person shall, upon any contract or security, made Astºº...a 2.
- - e - - ', a e tracts entered ...”
or entered into, given or taken before the twenty-third day . . .
1695
4
Interest. 49 WICT.
Chap. 121.
to 23rd May,
1873.
Penalty.
\
{.
*
{
Banks €X-
tempted.
\, . "
})^
.# A.
V
*,
º
#
|
|
t
A :
º \/ As to con-
live stock.
; , ;
* .
New Bruns-
wick.
h
. p 3'
, ſº Limitation of
tº time.
tracts respect-
ing grain and
of May, one thousand eight hundred and seventy-three, take,
directly or indirectly, for the loan of moneys or goods, above
the rate of six per centum per annum, and every such con-
tract and security whereby a greater rate of interest is re-
served shall be void; and every person who takes or receives,
upon any such contract or security, a greater rate, shall incur
a penalty equal to treble the value of the moneys or goods in
such contract or security contracted for or secured; but no
prosecution for any such penalty shall be commenced except
within twelve months from the commission of the offence.
R. S. N. S. (2nd S.), c. 82, ss, 1 and 6;—36 W., c. 71, s. 6.
16. Nothing in the three sections next preceding shall
apply to any chartered bank. 36 W., c. 71, s. 7. -
17. Any person may contract for the loan or hire of grain
or live stock, upon halves or otherwise, upon the lender
taking upon himself all risk of such stoºk; but if it appears
that the same, or any part thereof, perished or was lost
through the wilful neglect of the borrower, he shall make
good to the lender the full value thereof. R. S. N. S. (2nd S.),
c. 82, s. 2.
NEW BRUNSWICK.
18. The five sections next following apply to the Pro-
vince of New Brunswick with respect to, -
(a) Banks which are not subject to “The Bank Act ; ”
(b.) Other incorporated companies, but subject to any
special provision in any other Act; and— -
(c.). Contracts made between the thirteenth day of April in
the year one thousand eight hundred and fifty-nine, and
the eighth day of April, in the year one thousand eight hun-
dred and seventy-five. 38 W., c. 18, ss. 2 and 3.
Not more than 19. No person shall, directly or indirectly, receive on any
six per ;
to be taken.
.."? .* 3. -
ſ/ ... ;
* - .*
. 4; }. \,
…t i. - ..?' . ..~,
& * * &
Y.
}
V * void. ſ #.
s , & *
§ * Excessive in-
terest to be
deducted.”
contract for the loan of any money or goods, more than six
dollars for the forbearance of one hundred dollars for one
year, and after that rate for a greater or lesser sum, and a
longer or shorter time. 22 W. (N.B.), c. 21, s. 2, part.
Sºracts got 20. No deed or contract for payment of any money
loaned, or for the forbearance of anything undertaken, upon
or by which more than such rate of interest is reserved or
received, shall be void by reason thereof, 22 W. (N.B.), c. 21,
s. 2, part.
21. In any action brought on any contract whatsoever,
in which there is, directly or indirectly, taken or reserved a
rate of interest exceeding six per centum per annum, the
defendant, or his attorney, may, under the general issue,
with notice of defence as in other cases, prove such excessive








1696
s
interest, and it shall be deducted from the amount due on
such contract. 22 V. (N.B.), c. 21, s. 3. -
22. Every bank not subject to “The Bank Act,” which, Penalty if
IT YYYY| ? such deed or contract, receives or reser by bank ºkes
upon any such deed or contract, receive eSeTVeS, Dy more than
means of any loan, bargain, exchange or transfer of any money lawful rate.
or goods, or by any deceitful means, for the forbearing or
giving day of payment beyond a year, of its money or goods, ; , 9.
more than six dollars for one hundred dollars for one year, , , ! {
and after that rate for a greater or lesser sum and longer or ) ; : *
shorter time, shall incur a penalty equal to the value of the jº,
principal sum or goods so loaned, bargained, exchanged or \ , ; 2
transferred, and all interest and other profits accruing there- \" …”
from ; and such penalty may be recovered by action in any i..."
court of record in the county in which the offence was com. *P*
mitted,—which action shall be brought within twelve
months from the time of such offence and not afterwards;
and one moiety of such penalty shall belong to Her Majesty
for the public uses of Canada, and the other moiety to the
person who sues for the same. 22 W. (N.B.), c. 21, s. 4.
28. Nothing in the four sections next preceding shall Certain mat;
apply to bottomry bonds or contracts on the bottom of any ters excepted.
vessel, damages on protested bills allowed by law, penalties {.
incurred for the non-fulfilment of any contract, if such , , , ”
penalties are mutually binding, and contracts for the loan , " ". . .
or hire of any grain, cattle, or live stock, let out as the \, . . .”
parties agree, if the lender takes the risk of casualties upon \ ...”
himself-in which case the borrower shall not avail himself
of any loss suffered through his wilful neglect, or any vol-
untary damage which is committed by him. 22 W. (N.B.),
c. 21, s. 6.
BRITISH COLUMBIA. ** . . ; it.
': º /*
2 - The three sections next following apply to the Pro-Bri k Col.". 2'
vince of British Columbia. 49 W., c. 44. s. 1, part. um º º
25. In all cases where interest is chargeable or recover- º when A-
s º tº g te e - there, is no §
able by law, or by any contract expressed, or implied, or . . .
upon any judgment of any court in British Columbia, if the ment. Tº
rate of interest has not been agreed upon in writing, such A
rate shall be six per centum per annum. 49 W., c. 44, s. 1,
part.
*6. In all cases in which judgment is recovered upon any Rate jº. 3: ,
• º a - o * e - e - § 3, 4'-3'
contract in writing in or by which interest at a higher rate ...”.”
than six per centum per annum has been agreed to be paid, § Higre 2'
o
: gº
than 6-per->
the amount awarded by such judgment shall bear interest ...}.
at the rate agreed upon, not however exceeding twelve per bee ºreed
centum per annum. 49 W., c. 44, s. 2. upon.

- 1697
Chap. 127. Interest. - 49 WICT.
&. not affected.
Kº to apply
/to contracts
# made before
§ 2nd June,
* 1886
~\,
; Prince Ed-
Í// ward Island.
A/ ,"
What rate of
interest may
be recovered.
§ -
Certain rights
and liabilities
º
27. The provisions of the two sections next preceding
shall not extend to contracts entered into before the second
day of June, one thousand eight hundred and eighty-six.
49 W., c. 44, s. 4.
PRINCE EDWARD ISILAND.
28. The following provisions apply to the Province of
Prince Edward Island.
29. No person shall recover, in any court, more than six
per centum per annum interest on any account, contract or
agreement, unless it appears to the court that a higher
rate of interest was agreed to in writing between the parties.
31 W. (P.E.I.), c. 8, s. 2. - -
80. Nothing herein shall prejudice or affect the rights or
remedies of any person, or diminish or alter the liabilities
of any person, in respect of any act done previously to
the fifteenth day of April, in the year one thousand eight
hundred and seventy, and if interest was payable at that
date upon any contract, express or implied, for the payment
of the legal or current rate of interest or upon any debt or
sum of money by any rule of law, the same shall be recov-
erable as if the provisions of the next preceding section
had not been enacted. 31 W. (P.E.I.), c. 8, ss. 3 and 4. -
OTTAWA : Pºinted byłBRowN CHAMBERLIN, Law Printer to the Queen's Most
E: BExcellent Majesty. Fº: ------ ..." |




1698
An Act respecting Pawnbrokers. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
* Senate and House of Commons of Canada, enacts as
follows:—
1. In this Act, unless the context otherwise requires, the Interpreta-
expression “pawnbroker " means any person who lawfully ºwn-
exercises the trade of receiving or taking, by way of pawn, “broker.”
pledge or exchange, any goods for the repayment of money
lent thereon. C. S. C., c. 61, s. 6;—1. R. S. N. B., c. 17, s. 3, part.
2. Every pawnbroker may take the following rates abové Rates which
the principal sum advanced, before he is obliged to re-deliver *Y***
the goods pawned, that is to say, for every pledge upon which
there has been lent not exceeding fifty cents, the sum of one
cent for any time not exceeding one month, and the same for
every month afterwards, including the current month in
which the pledge is redeemed, although such month has
not expired; and so on progressively and in the same pro-
portion for every sum of fifty cents up to twenty dollars.
C. S. C., c. 61, s. 10;-1 R. S. N. B., c. 17, s. 4, part.
3- When the sum lent exceeds twenty dollars, the pawn- when sum
broker may take upon all beyond that amount after the rate ºf exceeds
of five cents for every four dollars by the month, and so on
in proportion for any fractional sum. C. S. C., c. 61, s. 11;-
1 R. S. N. B., c. 17, s. 4, part.
4. Such sums respectively shall be in lieu of and taken Rates to cover
as a full satisfaction for all interest due and charges for ...”
warehouse room. C. S. C., c. 61, s. 12;-1 R. S. N. B., c. 17, •
s. 4, part.
5. The person entitled to and applying for the redemption Time when
of goods pawned, within fourteen days from the end of the . ãº,
first month after the same were pledged, may redeem such may be re-
goods upon paying the rate or profit payable for one month **
and a-half; but if redeemed after the expiration of the first
fourteen days, and before the end of the second month, the
pawnbroker may take a rate or profit of the whole second
month; and the like regulation and restriction shall take
place in every subsequent month wherein application is
made for redeeming goods pawned. C. S. C., c. 61, S. 13.

29% 1699
Chap. 128. Pawnbrokers. - 49 Vict.
6. Every pawnbroker who, in any case, stipulates for or
takes a higher rate than that herein prescribed, shall, on
summary conviction, be liable to a penalty not exceeding
fifty dollars.
7. Every person who counterfeits, forges or alters any note
or memorandum given by a pawnbroker for goods pledged,
or causes or procures the same to be done, or utters, Vends or
sells such note or memorandum, knowing the same to be
counterfeited, forged or altered, with intent to defraud any
person, shall be liable, on summary conviction, to imprison-
ment for any term not exceeding three months. C. S. C.,
c. 61, ss. 24 and 25, part.
8. If any note or memorandum aforesaid is uttered, shown
or offered to any person, and such person has reason to sus-
pect that the same has been forged, he may seize the person
offering the same, and deliver him to a peace officer or con-
stable, who shall convey him before a justice of the peace to
be dealt with according to law. C. S. C., c. 61, s. 25, part.
9. If any person offers to any pawnbroker, by way of
pawn or pledge, or of exchange or sale, any goods, and is
not able or refuses to give a satisfactory account of himself,
or of the means whereby he became possessed of the goods,
or wilfully gives any false information to the pawnbroker
or his servant, as to whether such goods are his own pro-
perty or not, or as to his name and place of abode, or as to
the owner of the goods,-or if there is any other reason to
suspect that such goods have been stolen or otherwise ille-
gally or clandestinely obtained,—or if any person not entitled,
or not having any color of title by law to redeem goods that
Offender may have been pawned, attempts to redeem them, the person
to whom the goods first above mentioned are offered to be
pawned, or to whom the offer to redeem the goods in pawn
is made, may seize and detain the person offering to pawn,
and the goods offered to be pawned, or the person offering
to redeem, as aforesaid, and shall convey such person and
the goods offered to be pawned, or the person offering to
redeem, and immediately deliver the person so offering to
pawn and the goods offered to be pawned, or the person so
offering to redeem, into the custody of a peace officer or
constable, who shall, as soon as possible, convey such person
and goods, or such person, as the case may be, before a jus-
tice of the peace of the district or county. C. S. C., c. 61,
s. 26.
10. If such justice of the peace, upon examination and
inquiry, has cause to suspect that such goods have been stolen
or illegally or clandestinely obtained, or that the person offer-
ing to redeem them has not any pretence or color of right
so to do, he shall commit the offender into safe custody for
such reasonable time as is necessary for obtaining proper
1700
1886. * Pawnbrokers. Chap. 128.
information, in order to be further examined; and if, upon
either examination, it appears to the satisfaction of the justice .
that such goods were stolen or illegally or clandestinely
obtained, or that the person offering to redeem them had not
any pretence or color of right so to do, he shall, unless the
offence authorizes such commitment by any other law, com-
mit the offender to the common gaol of the district or county
where the offence was committed, for any term not exceed-
ing three months. C. S. C., c. 61, s. 27.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen’s Most
- 3xcellent Majesty.
29; + ºf 1701
2% ºf . c 26
s' 2. /ec. c. 31-
**rts/...c. :
CHAPTER 129.
An Act respecting Insolvent Banks, Insurance Com-A. D. issº
panies, Loan Companies, Building Societies, and
Trading Corporations.
HER Majesty, by and with the advice and consent of the
* Senate and House of Commons of Canada, enacts as
follows:– R. sº
SHORT TITLE.
1. This Act may be cited as “The Winding Up Act.” Short title -
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interprettº
(a) The expression “company” includes any corporation º -
subject to the provisions of this Act;
(b.) The expression “insurance company’
pany carrying on, either as a mutual or a stock company,
the business of insurance, whether life, fire, marine, ocean or
inland marine, accident, guarantee or otherwise ;
(c.) The expression “trading company” means any com-º. Trading
pany, except a railway or telegraph company, carrying on “”
business similar to that carried on by apothecaries, auction-
eers, bankers, brokers, brickmakers, builders, carpenters, car-
riers, cattle or sheep salesmen, coach proprietors, dyers, fullers,
keepers of imms, taverns, hotels, saloons or coffee houses, lime
burners, livery stable keepers, market gardeners, millers,
miners, packers, printers, quarrymen, share-brokers, ship-
owners, shipwrights, stock-brokers, stock-jobbers, victuallers,
warehousemen, wharfingers, persons using the trade of mer-
chandise by way of bargaining, exchange, bartering, com-
mission, consignment or otherwise, in gross or by retail, or
by persons who, either for themselves, or as agents or factors
for others, seek their living by buying and selling or buying
and letting for hire goods or commodities, or by the manu-
facture, workmanship or the conversion of goods or commo-
dities or trees; -
(d.) The expression “court’ means, in the Province of “Qourt.”
Ontario, the High Court of Justice for Ontario; in the Pro-,
vince of Quebec, the Superior Court for Lower Canada; in
the Province of Nova Scotia, the Supreme Court; in the Pro-
vince of New Brunswick, the Supreme Court; in the Province
“Company.
2
means a com- “Insurance
“ companº.
;
º
&


1703 -
Chap. 129. The Winding Up Act. 49 WICT.
** Official
** Gazette.”
- “. . -
“Contribu-
“tory.”
}
“Winding-up
** Order.”
Application
of º:
*:::::::::a
*4
Gertain cor-
porations ex-
cepted.
Application
of certain
Sections.
tº s.t.Rºll visions of this
of Prince Edward Island, the Supreme Court; in the Pro-
vince of British Columbia, the Supreme Court; in the Pro-
vince of Manitoba, Her Majesty's Court of Queen's Bench for
Manitoba ; in the North-West Territories the Supreme Court
of the North-West Territories; and in the District of Kee-
watin, such court or magistrate or other judicial authority as
is designated, from time to time, by proclamation of the Gov-
ernor in Council, published in the Canada Gazette ;
(e.) The expression “Official Gazette” means the Canada
Gazette and the Gazette published under the authority of
the Government of the Province, where the proceedings for
the winding up of the business of the company are carried
on, or used as the official means of communication between
the Lieutenant Governor and the people, and if no such
Gazette is published, then it means any newspaper pub-
lished in the Province, which is designated by the court for
publishing the notices required by this Act;
(f) The expression “contributory" means a person liable
to contribute to the assets of a company under this Act ; it
also, in all proceedings for determining the persons who are
to be deemed contributories and in all proceedings prior to
the final determination of such persons, includes any person
alleged to be a contributory; -
(g.) The expression “winding-up order " means an order
granted by the court under this Act to wind up the business
of the company, and includes any order granted by the court
to bring within the provisions of this Act any company in
liquidation or in process of being wound up. 45 W., c. 23,
ss. 3, 4, 5, 6, 8 and 13, part;-49 W., c. 25, s. 14.
APPLICATION OF ACT.
3. This Act applies to incorporated banks, savings banks,
incorporated insurance companies, loan companies having
borrowing powers, building societies having a capital stock,
and incorporated trading companies, doing business in Can;
ada, wheresoever incorporated; and— w
(a.) Which are insolvent ; or— -
(b.) Which are in liquidation or in process of being wound
up, and on petition by any of their shareholders or creditors,
assignees or. lººk to be brought under the pro-
Act :
2. This Act does not apply to railway or legraph com-
panies or to building societies which have not a capital stock.
47 W., c. 39, s. 1. - } .
4. The provisions of sections eight to ninety-six, both in-
clusive, are, in the case of a bank other than a savings bank,
Subject to the provisions contained in sections ninety-seven
to one hundred and four, both inclusive; and, in the case of
an insurance company, the provisions of sections eight to
minety-six, both inclusive, are subject to the provisions con-



1704
1886. The Winding Up Act. Chap. 129.
tained in sections one hundred and five to one hundred and
twenty-three, both inclusive. 45W, c. 23, s. 2.
WHEN COMPANY DEEMED IN SOLVENT.
5. A company is deemed, insolvent— When a coin-
(a.) If it is unable to pay its debts as they become due; &#."
(b) If it calls a meeting of its creditors for the purpose of solvent.
'compounding with them ;
(c) If it exhibits a statement showing its inability to meet
its liabilities; .
(d) If it has otherwise acknowledged its insolvency;
(e.) If it assigns, removes or disposes of, or attempts or is
about to assign, remove or dispose of any of its property,
with intent to defraud, defeat or delay its creditors, or any
of them ;
(f) If, with such intent, it has procured its money, goods,
chattels, lands or property to be seized, levied on or taken,
under or by any process or execution;
(g.) If it has made any general conveyance or assignment
of its property for the benefit of its creditors, or if, being
unable to meet its liabilities in full, it makes any sale or
Conveyance of the whole or the main part of its stock in
trade or assets, without the consent of its creditors, or with-
out satisfying their claims ;
(h.) If it permits any execution issued against it, under
which any of its goods, chattels, land or property are seized,
levied upon or taken in execution, to remain unsatisfied till
within four days of the time fixed by the sheriff or proper
officer for the sale thereof, or for fifteen days after such
seizure. 45 W., c. 23, s. 9. -
6. A company is deemed to be unable to pay its debts as .*.*.*.
they become due, whenever a creditor, to whom the com- j ...tº
pany is indebted in a sum exceeding two hundred dollars ºpeyi.
then due, has served on the company, in the manner in ebts.
which process may legally be served on it in the place
where service is made, a demand in writing, requiring the
company to pay the sum so due, and ºthe company has, for
ninety days, in the case of a bank, and for sixty days in all
other cases, next, succeeding the service of the demand,
meglected to pay such sum, or to secure or compound for
the same to the satisfaction of the creditor. 45 W., c. 23, ss. 10
and 11. -
3. ; º
3 PROCEEDINGS FOR win DING-UP ORDER.
. * * * , -’
7. The winding up of the business, of a company shall be When wind-
deemed to commence at the time of the service of the notice ...”
of presentation of the petition for winding up. 45 V., c. 23, *
s. 12. - . . *
1705
4.
Chap. 129. The Winding Up Act. 49 vict.
Application
to court for
winding-up
order.
8. When a company becomes insolvent, a creditor for the
sum of at least two hundred dollars may, after four days"
notice of the application to the company, apply by petition
to the court in the Province where the head office of the
company is situated, or if there is no head office in Canada,
Power of
court on the
application.
If company ..
opposes appli-
- cation.
Court may
adjourn the
proceedings
and order
inquiry.
Duty of com-
pany and its
officers if in-
quiry is
ordered.
then in the Province where its chief place or one of its chief
places of business is situated, for a winding-up order. 45 V.,
c. 23, s. 13, part. A wººd |- ; , 24.74%
9. The court may make the order applied for, may dismiss
the petition with or without costs, may adjourn the hearing
conditionally or unconditionally, or may make any interim
or other order that it deems just. 45 W., c. 23, s. 14.
10. If the company opposes the application, on the ground
that it has not become insolvent within the meaning of this
Act, or that its suspension or default was only temporary,
and was not caused by any deficiency in its assets, and
shows reasonable cause for believing that such opposition
is well founded, the court, in its discretion, may, from time
to time, adjourn the proceedings upon such application for
a time not exceeding six months from the date of the appli-
cation,-and may order an accountant, or other person, to
inquire into the affairs of the company, and to report thereon
within a period not exceeding thirty days from the date of
such order. 45 V., c. 23, s. 15. --
11. Upon the service on the company of an order made
under the next preceding section, for an inquiry into the
affairs of the company, the president, directors, officers and
employees of the company and every other person shall res-
pectively exhibit to the accountant or other person named for
the purpose of making such inquiry, the books of account of
Punishment
for refusal to
give informa-
tion.
Power of the
court after
report on
inquiry.
Actions
against com-
pany may be
restrained.
the company and all inventories, papers and vouchers refer-
ring to the business of the company or of any person there-
with, which are in his or their possession, custody or control,
respectively; and they shall also respectively give all such
information as is required by such accountant or other per-
son as aforesaid, in order to form a just estimate of the affairs
of the company ; and any refusal on the part of the presi-
dent, directors, officers or employees of the company to give
such information, shall be a contempt of the court, and shall
be punishable by fine or imprisonment, or by both, in the
discretion of the court. 45 W., c. 23, s. 16.
12. Upon receiving the report of the accountant or person
ordered to inquire into the affairs of the company, and after
hearing such shareholders or creditors of the company as
desire to be heard thereon, the court may either refuse the
application or make the winding-up order. 45W., c. 23, s. 17.
18. The court may, upon the aftlication of the company,
or of any creditor or contributory at any time after the pre-
sentation of a petition for a winding-up order and before.
- 1706
1886. - The Winding Up Act. - Chap 129.
making the order, restrain further proceedings in any action,
suit or proceeding against the company, upon such terms as
the court thinks fit. 45 W., c. 23, s. 18.
14. Any shareholder, creditor, assignee, receiver or liqui- As to cºn
dator of any company which was in liquidation or in pro-H..., , ,
cess of being wound up on the seventeenth day of May, one ijth Me." "
thousand eight hundred and eighty-two, may apply, by *
petition, to the court, asking that the company may be brought
Within and under the provisions of this Act, and the court
may make such order; and the winding up of such company
shall thereafter be carried on under this Act :
2. The court, in making such order, may direct that the Liquidºor
assignee, receiver or liquidator of such company, if one has ****
been appointed, shall become the liquidator of the company
under this Act, or may appoint some other person to be
liquidator of the company. 47 W., c. 39, ss, 2 and 3.
, 3.
PROCEEDINGS AFTER WINDING-UP ORDER IS MADE.
15. The company, from the time of the making of the Company to
winding-up order, shall cease to carry on its business, except ... **
in so far as is, in the opinion of the liquidator, required for
the beneficial winding up thereof: *
2. All transfers of shares, except transfers made to or with Transfer ºf
the sanction of the liquidators, under the authority of the * * *
court, and every alteration in the status of the members of
the company, after the commencement of such winding up,
shall be void ; but the corporate state and all the corporate Corporate
powers of the company, notwithstanding it is otherwise pro-ºº:
e - e º e inued.
vided by the Act, charter or instrument of incorporation,
shall continue until the affairs of the company are wound
up. 45 V., c. 23, s. 19.
16. When the winding-up order is made, no suit, action. After wººl-
e º tº o * - * s “ d Ing-up C ter,
or other proceeding shall be proceeded with or commenced ...,’ ”
against the company, except with the leave of the court and against ord-
wº º - - - W. J . w s' * Sta ºri.
subject to such terms as the court imposes. 45 V., c. 23, s. 20. * * *
17. Every attachment, sequestration, distress or execution Executi,
S,
e * oi - t • Afforts o' nvº, h in ºn i: &c., agi 13t
put in force against the estate or effects of the company afºr company voiá,
the making of the winding-up order shall be void. 45 V.,
c. 23, s. 21. -
18. The court may, upon the application of any creditor Court nº.
or contributory, at any time after the winding-up order is º
made, and upon proof, to the satisfaction of the court, that ifigs.
all proceedings in relation to the winding up ought to be /
stayed, make an order staying the same, either altogether or /
for a limited time, on such terms and subject to such conzº
ditions as it deems fit. 45.V., c. 23, s. 22. 2’
1707
jº, . . ;
i; 3 º' . r -
:* * , .
#,” J. : .
£6 . .” *.
r -º t $ -
**.** ! . . " -
* A - *
5.8 °º. 2 - . . .
... i < * * *
"Wishes of
creditors, &c.,
how ascer-
... tained.
As to amount
of claim and
number of
VoteS On
shares.
Court may
require proof.
Iliquidator to
be appointed.
Chap. 129. The Winding Up Act. 49 VICT.
19. The court may, as to it seems just, as to all matters
relating to the winding up, have regard to the wishes of the
creditors, contributories, shareholders or members, as proved
to it by any sufficient evidence, and may, if it thinks it ex-
pedient, direct meetings of the creditors, contributories,
shareholders or members to be summoned, held and con-
ducted in such manner as the court directs, for the purpose
of ascertaining their wishes, and may, appoint a person to
act as chairman of any such meeting, and to report the result
of such meeting to the court: -
2. In the case of creditors, regard shall be had to the
amount of the debt due to each creditor, and in the case of
shareholders or members, to the number of votes conferred
on each shareholder or member by law or by the regulations
of the company; and the court may prescribe the mode of
preliminary proof of creditors' claims for the purpose of the
meeting. 45 W., c. 23, s. 23.
IIQUIDATORS.
20. The court, in making the winding-up order, may
appoint a liquidator or more than one liquidator of the estate
and effects of the company; but no such liquidator shall be
;
An incorpor-
ated compan
may be ap-
pointed.
appointed unless a previous notice is given to the creditors,
contributories, shareholders or members, in the manner and
form prescribed by the court. 45 W., c. 23, s. 24;-47 W.,
c. 39, s. 4.
21- An incorporated company may be appointed liqui-
* dator to the goods and effects of a company under this Act;
and if an incorporated company is so appointed, it may act
through one or more of its principal officers designated by
the court. 45 V., c. 23, s. 25.
Additional
Miquidators.
Quorum.
Securi ty.
f
t
!.
If no liqui-
dator.
Provisional
liquidator.
22. The court may, if it thinks fit, after the appointment
of one or more liquidators, appoint additional liquidators.
45 W., c. 23, s. 26.
23. If more than one liquidator is appointed, the court
may declare whether any act to be done by a liquidator is
to be done by all or any one or more of the liquidators.
45 W., c. 23, s. 27. -
24. The court may also determine what security shall be
given by a liquidator on his appointment. 45W., c. 23, s. 28.
25. If at any time there is no liquidator, all the property
of the company shall be deemed to be in the custody of the
court. 45 W., c. 23, s. 29.
26- The court may, at any time after the presentation of
the petition and before the first appointment of a liquidator,
appoint provisionally a liquidator of the estate and effects of
the company. 45 W., c. 23, s. 30.
1708
1886. - The Winding Up Act. Chap. 129.
| & -
27. A liquidator may resign or may be removed by the Resignatiºn
e or removal.
court on due cause shown, and every vacancy in the office *
of liquidator shall be filled by the court. 45 V., c. 23, s. 31.
28. The liquidator shall be paid such salary or remunera- Hºmunera-
«º & - t | Oſ) .
tion, by way of percentage or otherwise, as the court directs,
upon such motioe to the creditors, contributories, share-
holders or members, as the court orders; and if there is more
than one liquidator, the remuneration shall be distributed
amongst them in such proportions as the court directs. 45W.,
c. 23, s. 32. -
29. In all proceedings connected with the company a Description
liquidator shall be described as the “liquidator of the (name
of company),” and not by his individual name only. 45 W.,
c. 23, s. 33.
so. The liquidator, upon his appointinent, shall take into Duties aftº
his custody or under his control, all the property, effects and **
choses in action to which the company is or appears to be
entitled ; and he shall perform such duties in reference to
-r—- g g
winding up the business of the company as are imposed by
the court or by this Act. 45 W., c. 23, s. 34.
31. The liquidator may, with the approval of the court, Powers.
and upon such previous notice to the Créditors, āūntribit-
tories, shareholders or members, as the court orders—
(a.) Bring or defend any action, suit or prosecution or other Suits.
legal proceeding, civil or criminal, in his own name as liqui-
dator or in the name or on behalf of the company, as the
case may be ;
(b.) Carry on the business of th; company as far as is .
necessary to the beneficial winding up of the same : ‘ompany
(c.) Sell the real and personal and heritable and movable Šale of pi . .
property, effects and choses in action of the company, by r •
public auction or private contract, and transfer the whole
thereof to any person or company, or sell the same in parcels; V -
(d.) Do all acts, and execute, in the name and on behalf of General “
the company, all deeds, receipts and other documents, and
for that purpose use, when necessary, the seal of the 'com-
pany : *
(e) Prove, rank, claim and draw dividends in the matter º
of the bankruptcy, insolvency or sequestration of any con- "
tributory, for any balance against the estate of such con-
tributory, and take and receive dividends in respect of such
balance in the matter of the bankruptcy, insolvency or
sequestration as a separate debt due from such bankrupt or
imsolvent and ratably with the other separate creditors; / .
(f) Draw, accept, make and indorse any bill of exchange *...*.*
or promissory note in the name and on behalf of the com- #.
pany; raise upon the security of the assets of the company; ..."
from time to time, any requisite sum or sums of money; and "
# *; ; ; ; ,
. . . ; * * * *
t
}
pointmei .
.** -
Chap. 129. The Winding Up Act. 49 WICT.
General
powers.
When solici-
tor may be
appointed.
Debts, &c.,
due to the
company
may be com-
promised.
Powers of
directors to
cease. .
Moneys to be
deposited in
bank.
A. separate
deposit
account to be
kept.
Bank book to
be produced
at meeting.
the drawing, accepting, making or indorsing of every such
bill of exchange or promissory note, as aforesaid, on behalf
of the company, shall have the same effect, with respect to
the liability of such company, as if such bill or note had
been drawn, accepted, made or indorsed by or on behalf of
such company in the course of the carrying on of its busi-
IleSS ; g
(g.) Do and execute all such other things as are necessary
for winding up the affairs of the company and distributing
its assets. 45 W., c. 23, s. 35. & -
32. The liquidator may, with the approval of the court,
appoint a solicitor or law agent to assist him in the perfor-
mance of his duties. 45 V., c. 23, S. 36.
33. The liquidator may, with the approval of the court,
compromise all calls and liabilities to calls, debts and liabil-
ities capable of resulting in debts, and all claims, whether
present or future, certain or contingent, ascertained or sound-
ing only in damages, subsisting or supposed to subsist
between the company and any contributory or other debtor
or person apprehending liability to the company, and all
questions in any way relating to or affecting the assets of
the company or the winding up of the company upon the
receipt of such sums, payable at such times, and generally
upon such terms, as are agreed upon ; and may take any
security for the discharge of such debts or liabilities, and
give a complete discharge in respect of all or any such calls,
debts or liabilities. 45 V., c. 23, s. 37.
34. Upon the appointment of the liquidator, all the powers
of the directors shall cease, except in so far as the court or
the liquidator sanctions the continuance of such powers.
45 W., c. 23, s. 38.
35. The liquidator shall deposit at interest in some char-
tered bank or post office savings bank or other Government
savings bank designated by the court, all sums of money
which he has in his hands belonging to the company,
whenever and so often as such sums amount to one hundred
dollars. 45 W., c. 23, s. 39.
35. Such deposits shall not be made in the name of the
liquidator individually, on pain of dismissal; but a separate
account shall be kept for the company of the moneys belong-
ing to the company in the name of the liquidator as such
liquidator. 45 V., c. 23, S. 40.
37. At every meeting of the contributories, creditors,
shareholders or members, the liquidator shall produce a bank
pass book, showing the amount of the deposits made for the
company, the dates at which such deposits were made, the
c 1710
amount withdrawn and dates of such withdrawal,—of which
production mention shall be made in the minutes of such
meeting; and the absence of such mention shall be primá
facie evidence that such pass book was not produced at the
meeting. 45 W., c. 23, S. 41. -
38. The liquidator shall also produce such pass book And on order
whenever ordered so to do by the court, and on his refusal * *
so to do, he may be treated as being in contempt of court.
45 W., c. 23, S. 42.
diction of the court in the saiſſé manner and to the same # to
| extent as the ordinary officers of the court are subject to its jonº
Sjurisdiction; and the performance of his duties may be com- *:::"
pêITéd, and all remedies sought or demanded for enforcing Remedies.
any claim for a debt, privilege, mortgage, lien or right of pro- ::::::::::
perty upon, in or to any effects or property in the hands, summary
possession or custody of a liquidator, may be obtained by an ...".”
order of the court on summary petition, and not by any action, y Sull, &c.
suit, attachment, seizure or other proceeding of any kind
whatsoever; and obedience by the liquidator to such order
may be enforced by the court under the penalty of imprison-
ment, as for contempt of court or disobedience thereto ; and
he may be removed, in the discretion of the court. 45 W.,
c. 23, s. 43. -
89. The liquidator shall be subject to the summary º;
40. The liquidator shall, within three days after the date Balance or
of the final winding up of the business of the company, i. º
deposit in the bank appointed or designated as hereinbefore final wind ºr
provided, any other money belonging to the estate then º dé.
in his hands not required for any other purpose authorized p *
by this Act, with a sworn statement and account of such
money, and that the same is all that he has in his hands; and *-
he shall incur a penalty not exceeding ten dollars, and not . fog
less than ten per cent, per annum interest upon the sums
in his hands for every day on which he neglects or delays
such payment; and he shall be deemed to be a debtor to Her
Majesty for such money, and may be compelled as such to
account for and pay over the same. 45W., c. 23, S. 44.
41. The money so deposited shall be left for three years If not claimed
in the bank, subject to be claimed by those entitled thereto, #..."”
and shall be then paid over, with the interest, to the Minister General.
of Finance and Receiver General, and if afterwards claimed,
shall be paid to the person entitled thereto. 45W., c. 23,
CONTRIBUTORIES.
42. As soon as may be after the commencement of the Histºfºº
* º * tributorie S,
winding up of a company the court shall settle a list of •
contributories. 45 V., c. 23, S. 46.
1711
10
Chap. 129. The Winding Up Act. 49 WICT.
List of con-
tributories
must distin-
48. In the list of contributories, persons who are contri-
butories in their own right shall be distinguished from
ºn persons who are contributories as representatives of or liable
ose in their
own right and
those in a
representative
capacity.
liability of
shareholders
or their re-
presentatives.
Liability after
transfer of
shares, &c.
Nature of
liability of a
contributory.
Trustee, &c.,
of company
may be or-
dered to pay
over balance
and deliver
books, &c.
for the debts of others; and it shall not be necessary, where
the personal representative of any deceased contributory is
placed on the list, to add the heirs or devisees of such con-
tributory, but such heirs or devisees may be added as an
when the court thinks fit. 45 V., c. 23, s. 47. *
44. Every shareholder or member of the company or his
representative, shall be liable to contribute the amount
unpaid on his shares of the capital, or on his liability to the
company, or to its members or creditors, as the case may be,
under the Act, charter or instrument of incorporation of the
company, or otherwise; and the amount which he is liable
to contribute shall be deemed an asset of the company, and
a debt due to the company, payable as directed or appointed
under this Act. 45 W., c. 23, S. 48.
45. If a shareholder has transferred his shares under cir-
cumstances which do not, by law, free him from liability in
respect thereof, or if he is by law liable to the company or
its members or creditors, as the case may be, to an amount
beyond the amount unpaid on his shares, he shall be deemed
a member of the company for the purposes of this Act, and
shall be liable to contribute, as aforesaid, to the extent of his
liabilities to the company or its members or creditors, inde-
pendently of this Act; and the amount which he is so liable
to contribute shall be deemed an asset and a debt as afore-
said. 45 W., c. 23, s.49.
45. The liability of any person to contribute to the assets
of a company under this Act, in the event of the business
of the same being wound up, shall create a debt accruing
due from such person at the time when his liability com-
menced, but payable at the time or respective times when
calls are made, as hereinafter mentioned, for enforcing such
liability; and in the case of the bankruptcy or insolvency
of any contributory, the estimated value of his liability to
future calls, as well as calls already made, may be proved
against his estate. 45 V., c. 23, s. 50, part.
47. The court may, at any time after making a winding-
up order, require any contributory for the time being settled
On the list of contributories as trustee, receiver, banker,
agent or officer of the company, to pay, deliver, convey,
surrender or transfer forthwith, or within such time as the
court directs, to or into the hands of the liquidator, any sum
or balance, books, papers, estate or effects which are in his
hands for the time being, and to which the company is
primó facie entitled. 45 W., c. 23, s. 51.
1712
1886. The Winding Up Act. Chap 129. It
4s. The court may, at any time after making a winding-º,
up order, make an order on any contributory for the time ºf º -
being settled on the list of contributories, directing payment to pay.
to be made, in manner in the said order mentioned, of any
moneys due from him or from the estate of the person whom
he represents, to the company, exclusive of any moneys
which he or the estate of the person whom he represents is
liable to contribute by virtue of any call made in pursuance
of this Act. 45W., c. 23, s. 52.
49. The court may, at any time after making a wind- When calls.
ing up order, and either before or after it has ascertained ..."
the sufficiency of the assets of the company, make calls on tories.
and order payment thereof by all or any of the contribu-
tories for the time being settled on the list of contributories,
to the extent of their liability, for payment of all or any
sums it deems necessary to satisfy the debts and liabilities
of the company, and the costs, charges and expenses of
winding up, and for the adjustment of the rights of the
contributories amongst themselves; and the court may, in
making a call, take into consideration the probability that &
some of the contributories upon whom the same is made
may partly or wholly fail to pay their respective portions of
the same : Provided however, that no call shall compel Proviso.
payment of a debt before the maturity thereof, and that the
extent of the liability of any contributory shall not be in-,
creased by anything in this section contained. 45 V., c. 23,
S. 50, part, and s. 53. -
50. The court may order any contributory, purchaser or Moneys may
other person from whom money is due to the company, to : j º
pay the same into some chartered bank or post office sav- court.
ings bank or other Government savings bank, to the account
of the court, instead of to the liquidator; and such order
may be enforced in the same manner as if it had directed
payment to the liquidator. 45 W., c. 23, s. 54.
51. The court shalladjust the rights of the contributories Distribution
among themselves, and distribute, among the persons en- ***
titled thereto, any surplus that remains. 45 W., c. 23, s. 55.
52. The court may, at any time before or after it has ºry
made a winding-up order, upon proof being given that there jºb.
is reasonable cause for believing that any contributory or scond, &c.,
any past or present director, manager, officer or employee of ºl.
the company is about to quit Canada or otherwise abscond,
or to remove or conceal any of his goods or chattels, for the
purpose of evading payment of calls, or for avoiding exami-
nation in respect of the affairs of the company, cause such
person to be arrested, and his books, papers, moneys, Secu- And his
tº 8 tº - * ; , , papers, &c.
rities for moneys, goods and chattels to be seized, and him j. .
and them to be safely kept until such time as the court -
orders. 45 V., c. 23, s. 56.
- 1713
* 12 Chap. 129. The Winding. Up Act. 49 WIGT.
*:::::::: 58. If the business of a company is being wound up
; #.” under this Act, all books of the company and of the liqui-
- iº. dators shall, as between the contributories of the company,
jº be prima facie evidence of the truth of all matters purporting
to be therein recorded. 45W., c. 23, s. 57.
Court mayº. 54. After a winding-up order has been made, the court
How inspection & º ... I ºf -
tº j may make such order for the inspection, by the creditors,
&c., of com: shareholders, members or contributories of the company, of
any's books, . book d h it thinks iust: d al
& C. its books and papers, as the court thinks just ; and any
books and papers in the possession of the company may be
inspected in conformity with the order of the court, but not
further or otherwise. 45W., c. 23, s. 58.
- :"... te 55. No contributory, creditor, shareholder, or membershall
jº’ vote at any meeting unless present personally or repre-
sonally ºr by sented by some person acting under a written authority, filed
*** with the chairman or liquidator, to act as such representative
at the meeting, or generally. 45 V., c. 23, s. 59.
CREDITORS' CLAIMS.
Yºsa 56. When the business of a company is being wound up
º under this Act, all debts payable on a contingency, and all
company. claims against the company, present or future, certain or
contingent, ascertained or sounding pnly in damages, shall
be admissible to proof against the company, La just estimate
being made, as far as is possible, of the value of all such debts
or claims as are subject to any contingency or sound only
in damages, or which, for some other reason, do not bear a
certain value: -
Privilege of 2. Clerks and other persons in or having been in the
:::::::a employment of the company in or about its business or
employees trade, shall be collocated in the dividend sheet by special
º ** privilege over oth 2, creditors, for any arrears of salary or
extent. wages due and unpaid to them at the time of the making of
the winding-up order, not exceeding the arrears which have
accrued to them during the three months next previous to
the date of such order. 45 W., c. 23, s. 60, part ;-49 W.,
c. 46, s. 1. -
Law of set-off 57. The law of set-off, as administered by the courts,
to apply. whether of law or equity, shall apply to all claims upon the
estate of the company, and to all proceedings for the re-
covery of debts due or accruing due to the company at the
commencement of the winding up, in the same manner and
to the same extent as if the business of the company was
not being wound up under this Act. 45 W., c. 23, s. 60, part.
Distribution 58. The property of the company shall be applied in
jº “satisfaction of its liabilities and the charges incurred in
winding up its affairs; and unless it is otherwise provided
1714
1886. The Winding Up Act. Chap. 129. 13 - -
º
by law or by the Act, charter or instrument of incorpora-
tion, any property or assets remaining shall be distributed
amongst the members or shareholders, according to their
rights and interests in the company. 45W., c. 23, s. 61.
59. The court may fix a certain day or certain days on or When credit-
within which creditors of the company and others who have ...”
claims thereon may send in their claims. 45W., c. 23, S.62,
60. When the liquidator has given such notices of the After expira-
said day as are ordered by the court, the liquidator may, at ...”in
the expiration of the time named in the said notices or the ciaims, id:
last of the said notices, for sending in such claims, distribute ...”
the assets of the company, or any part thereof, amongst the g
persons entitled thereto, having regard to the claims of
which the liquidator then has notice; and the liquidator
shall not be liable to any person of whose claim the liqui-
dator had not notice at the time of distributing the said
assets, or a part thereof, as the case may be, for the assets or
any part thereof so distributed. 45 W., c. 23, s. 63.
61. The liquidator may, with the approval of the court, Creditors may
make such compromise or other arrangement as the liqui- ...".
dator deems expedient with creditors or persons claiming
to be creditors, or persons having or alleging themselves to
have any claim, présent or future, certain or contingent, ascerºy
tained or sounding only in damages, against the company,
or whereby the company may be rendered liable. 45 W.,
c. 23, s. 64.
62. If a creditor holds security upon the estate of the Duty of credit-
company, he shall specify the nature and amount of such ºns
security in his claim, and shall therein, on his oath, put a spe-
cified value theredn; and the liquidator, under the authority
of the court, may either consent to the retention of the pro-
perty and effects constituting such security or on which it
attaches, by the creditor, at such specified value, or he may
require from such creditor an assignment and delivery of
such security, property and effects, at such specified value,
to be paid by him out of the estate so soon as he has realized
such security, together with interest on such value from the
date of filing the claim till payment; and in case of such re-
tention the difference between the value at which the secur-
ity is retained and the amount of the claim of such creditor
shall be the amount for which he may rank as aforesaid; and jºy
if a creditor holds a claim based upon negotiable instruments #ºs.
upon which the company is only indirectly or secondarily
liable, and which is not mature or exigible, such creditor
shall be considered to hold security within the meaning of
this section, and shall put a value on the liability of the
person primarily liable thereon as being his security for the
payment thereof; but after the maturity of such liability
30% 1715
14
Chap. 129. The Winding Up Act. 49 WICT.
If the security
is a mortgage
on real pro-
perty or a
ship.
If there are
subsequent
claims.
Duty of liqui-
dator if a.
secured
claim is filed.
Rank, &c., on
dividend
sheet.
No lien by
judgment and
execution.
and its non-payment, he shall be entitled to amend and re-
value his claim. 45 W., c. 23, S. 65. - g
63. If the security consists of a mortgage upon ships or
shipping, or upon real property, or of a registered judgment
or an execution binding real property and excepted from
the operation of section sixty-six of this Act, the property
mortgaged or bound shall only be assigned and delivered to
the creditor, subject to all previous mortgages, judgments,
executions, hypothecs and liens thereon, holding rank and
priority before his claim, and upon his assuming and bind-
ing himself to pay all such previous mortgages, judgments,
executions, hypothecs and liens, and upon his securing the
estate of the company to the satisfaction of the liquidator
against any claim by reason of such previous mortgages,
judgments, executions, hypothecs and liens; and if there are
mortgages, judgments, executions, hypothecs or liens thereon,
subsequent to those of such creditor, he shall only obtain the
property by consent of the subsequently secured creditors, or
upon their filing their claims specifying their security there-
on as of no value, or upon his paying them the value by
them placed thereon, or upon his securing the estate of the
company to the satisfaction of the liquidator against any
claim by reason of such subsequent mortgages, judgments,
executions, hypothecs and liens. 45 V., c. 23, s. 66.
64. Upon a secured claim being filed, with a valuation
of the security, the liquidator shall procure the authority of
the court to consent to the retention of the security by the
creditor, or shall require from him an assignment and deli-
very thereof. 45 W., c. 23, s. 67.
65. In the preparation of the dividend sheet, due regard
shall be had to the rank and privilege of every creditor, but
no dividend shall be allotted or paid to any creditor holding
security upon the estate of the company for his claim until
the amount for which he may rank as a creditor upon the
estate, as to dividends therefrom, is established, as herein
provided. 45 V., c. 23, s. 68.
66. No lien or privilege upon either the real or personal
property of the company shall be created for the amount of
any judgment debt, or of the interest thereon, by the issue
or delivery to the sheriff of any writ of execution, or by
levying upon or seizing under such writ the effects or estate
of the company; nor shall any lien, claim or privilege be
created upon the real or personal property of the company,
or upon any debts due or accruing or becoming due to the
company, by the filing or registering of any memorial or
minute of judgment, or by the issue or making of any
attachment or garnishee order or other process or proceed-
ing, if, before the payment over to the plaintiff of the moneys
1716 *
1886. The Winding Up Act. Chap. 129. 15
actually levied, paid or received under such writ, memorial,
minute, attachment, garnishee Order or other process or pro-
ceeding, the winding up of the business of the company has
commenced; but this section shall not affect any lien or priv- This provision
ilege for costs, which the plaintiff possesses under the law ...”
of the Province in which such writ, attachment, garnishee &
order or other process or proceeding was issued. 45 W., c. 23,
s. 69, part.
67. Any creditor or contributory or shareholder or mem- Glaim or
ber may object to any claim filed with the liquidator, or to ...
any dividend declared:
2. If a claim or a dividend is objected to, the objections Objections to
shall be filed in writing with the liquidator, together with tºº
evidence of the previous service of a copy thereof on the
claimant :
3. The claimant shall have six days to answer the objec- Answers and
tions, or such further time as the court allows, and the con- **
testant shall have three days to reply, or such further time
as the court allows:
4. Upon the completion of the issues upon the objections, pay tº be
the liquidator shall transmit to the court all necessary papers ..."”
relating to the contestation, and the court shall then, on the
application of either party, fix a day for taking evidence upon
the contestation, and hearing and determining the same:
5. The court may make such order as seems proper in Costs.
respect to the payment of the costs of the contestation by
either party, or out of the estate of the company:
6. If, after a claim or dividend has been duly objected to, If claimant
the claimant does not answer the objections, the court may, Hºse.
on the application of the contestant, make an order barring tions.
the claim or correcting the dividend, or may make such
other order in reference thereto as appears right:
7. The court may order the person objecting to a claim or Security for
dividend to give security for the costs of the contestation *
within a limited time, and may, in default, dismiss the con-
testation or stay proceedings thereon, upon such terms as
the court thinks just. 45 W., c. 23, s. 70.
FRAUDUILENT PREFERENCES.
68. All gratuitous contracts, or conveyances or contracts †.
without consideration, or with a merely nominal considera- º C.;
tion, respecting either real or personal property, made by
a company in respect to which a winding-up order under º, (/
this Act is afterwards made, with or to any person whatso- J4%
ever (whether such person is its creditor or not), within three ^2
months next preceding the commencement of the winding
up or at any time afterwards,-and all contracts by which Cºntracts.
creditors are injured, obstructed or delayed, made by a com-ji.
pany unable to meet its engagements and in respect to which creditors.
a winding-up order under this Act is afterwards made, with
a person knowing such inability or having probable cause
304% 1717 - -
16 Chap. 129. The Winding Up Act. 49 WICT.
for believing such inability to exist, or after such inability is
public and notorious (whether such person is its creditor or
not) shall be presumed to be made with intent to defraud
its creditors. 45 W., c. 23, s. 71.
When con- 69. A contract or conveyance for consideration, respecting
tracts with e . ** g o t
jººn either real or personal property, by which creditors are in:
shall be void-jured or obstructed, made by a company unable to meet its en-
able. gagements with a person ignorant of such inability, whether
such person is its creditor or not, and before such inability
has become public and notorious, but within thirty days
next before the commencement of the winding up of the
business of such company under this Act, or at any time
afterwards, is voidable, and may be set aside by any court
of competent jurisdiction, upon such terms as to the protec-
tion of such person from actual loss or liability by reason of
such contract, as the court orders. 45 W., c. 23, s. 72.
As to con- 70. All contracts or conveyances made and acts done by
*...* to a company, respecting either real or personal property, with
obstruct or intent fraudulently to impede, obstruct or delay its creditors
#on in their remedies against it, or with intent to defraud its
e creditors or any of them,-and so made, done and intended
with the knowledge of the person contracting or acting with
the company, whether such person is its creditor or not,
and which have the effect of impeding, obstructing or delay-
ing the creditors of their remedies, or of injuring them, or any
Of them, shall be null and void. 45 W., c. 23, s. 73. *
Securities. 71. If any sale, deposit, pledge or transfer is made of any
; . property, real or personal, by a company in contemplation
ment, when of insolvency under this Act, by way of security for payment
to be void, to any creditor,Hor if any property, real or personal, movable
or immovable, goods, effects or valuable security, are given
by way of payment by such company to any creditor, whereby
such creditor obtains or will obtain an unjust preference
Over-the other creditors, such sale, deposit, pledge, transfer or
payment shall be null and void; and the subject thereof may
be recovered back for the benefit of the estate by the liqui-
dator, in any court of competent jurisdiction; and if the same
is made within thirty days next before the commencement
of the winding up under this Act, or at any time afterwards,
it shall be presumed to have been so made in contemplation
of insolvency. 45 V., c. 23, s. 74.
Payments by 72. Every payment made within thirty days next before
.."; he the commencement of the winding up under this Act by a
void. Company unable to meet its engagements in full, to a person
knowing such inability, or having probable cause for believ-
ing the same to exist, shall be void, and the amount paid
may be recovered back by the liquidator by suit or action
Proviso. in any court of competent jurisdiction : but if any valuable
1718
1886. The Winding Up Act. Chap. 129. 17
security is given up in consideration of such payment, such
security or the value thereof shall be restored to the creditor
upon the return of such payment. 45 W., c. 23, s. 75.
78. When a debt due or owing by the company has been As to debts of
transferred within the time and under the circumstances in ...a
the next preceding section mentioned, or at any time after- to contribu-
wards, to a contributory who knows or has probable cause for *
believing the company to be unable to meetits engagements,
or in contemplation of its insolvency under this Act, for the
purpose of enabling such contributory to set up, by way of
Compensation or set-off, the debt so transferred, such debt
shall not be set up by way of compensation or set-off against
the claim upon such contributory. 45 V., c. 23, s. 76.
APPEALS.
74. Any person dissatisfied with an order or decision of Appeals.
the court or a single judge in any proceeding under this Act
may, by leave of a judge of the court, appeal therefrom, if the
question to be raised on the appeal involves future rights, or
if the order or decision is likely to affect other cases of a sim-
ilar nature in the winding up proceedings, or if the amount
involved in the appeal exceeds five hundred dollars:
2. Such appeal shall lie, -
In Ontario, to the Court of Appeal for Ontario;
In Quebec, to the Court of Queen's Bench ;
In any of the other Provinces, and in the North-West
Territories, to the full court :
3. In the District of Keewatin any person dissatisfied with In Keewatin.
an Order or decision of the court or a single judge, in any K
proceeding under this Act may, by leave of a judge of the \,
Supreme Court of Canada, appeal therefrom to the Supreme
Court of Canada:
4. All appeals shall be regulated, as far as possible, ac- Practice.
cording to the practice in other cases of the court appealed
to ; but no such appeal shall be entertained unless the appel- Security on
lant has, within fourteen days from the rendering of the . *
order or decision, or within such further time as the court limited."
appealed from allows, taken proceedings therein to perfect
his appeal, nor unless, within the said time, he has made a
deposit or given sufficient security, according to the practice
of the court that he will duly prosecute the said appeal and
pay such damages and costs as may be awarded to the re-
spondent. 45W., c. 23, s. 78, part, and s. 79;-49 W., c 25, s. 16.
75. If the party appellant does not proceed with his If not pro-
appeal, according to the law or the rules of practice, as the . *:
case may be, the court appealed to, on the application of the be dismissed.
respondent, may dismiss the appeal, with or without costs.
45 W., c. 23, S. 80. .*
* 1719
18
Chap. 129. The Winding Up Act. 49 WICT.
Further
appeal to
upreme
Court.
How the
powers of the
court may be
exercised.
In Ontario.
Orders of
COurt
to be deemed
judgments.
How to be
executed.
Attachment
and garnish-
ment how
effected.
Witnesses'
attendance
how secured.
Persons hav-
ing informa-
tion may be
examined.
76. An appeal shall lie to the Supreme Court of Canada,
by leave of a judge of the said Supreme Court, from the judg-
ment of the Court of Appeal for Ontario, the Court of Queen's
Bench in Quebec, or the full court in any of the other Pro-
vinces or in the North-West Territories, as the case may be,
if the amount involved in the appeal exceeds two thousand
dollars. 45 W., c. 23, s. 78, part.
PROCEDURE.
77. The powers conferred by this Act upon the court
may, subject to the appeal in this Act provided for, be exer-
cised by a single judge thereof; and such powers may be
exercised in chambers, either during term or in vacation:
2. In the Province of Ontario such powers may, subject
to an appeal according to the ordinary practice of the court,
be exercised by the master, referee or other officer who, under
the practice or procedure of the court, presides in chambers,
or by the master in ordinary, or by any local master or referee.
45 W., c. 23, s. 77 ;-47 W., c. 39, s. 5.
78. Every order of the court or a judge for the payment
of money or costs, charges or expenses made under this Act,
shall be deemed a judgment of the court, and shall bind the
lands, and may be enforced against the person or goods and
chattels, lands and tenements of the person ordered to pay,
in the same manner in which judgments or decrees of any
superior court obtained in any suit may bind lands or be en-
forced in the Province where the court enforcing the same
is situate. 46 W., c. 23, s. 1. -
79. Debts due to any person against whom such order for
the payment of money, costs or expenses has been obtained,
may be attached and garnisheed in the same manner as debts
due to a judgment debtor may be attached and garnisheed
by a judgment creditor in any Province where the attach-
ment and garnishment of debts is allowed by law. 46 W.,
c. 23, S. 2.
80. In any action, suit, proceeding or contestation under
this Act, the court may order the issue of a writ of subpasna
ad testificandum or of subpana duces tecum, commanding the
attendance, as a witness, of any person who is within Canada.
45 W., c. 23, S. 81.
81. The court may, after it has made a winding-up order,
summon before it or before any person named by it, any
officer of the company or person known or suspected to have
in his possession any of the estate or effects of the company,
or supposed to be indebted to the company, or any person
whom the court deems capable of giving information con-
cerning the trade, dealings, 1720 :* or effects of the company;
-
1886. The Winding Up Act. Chap. 129. 19
and the court may require any such officer or person to pro-
duce any book, paper, deed, writing or other document in
his custody or power relating to the company:
2. If any person so summoned, after being tendered a ſperson sum:
reasonable sum for his expenses, refuses, without a lawful ..."
excuse, to attend at the time appointed, the court may cause
such person to be apprehended and brought up for exami-
nation; but in cases in which any person claims any lien on Proviso; as to
papers, deeds, writings or documents produced by him, such ...
production shall be without prejudice to such lien, and the "" papers.
court shall have jurisdiction in the winding up, to determine
all questions relating to such lien. 45 W., c. 23, s. 82.
82. The court or the person so mamed may examine, upon Examination
º º º º to be on oath.
oath, either by word of mouth or upon written interroga-
tories, any person appearing or brought up in manner afore-
said, concerning the affairs, dealings, estate or effects of the
company, and may reduce to writing the answers of any such
person, and require him to subscribe the same ; and if such Refusal to
person, without lawful excuse, refuses to answer the ques- sº be
tions put to him, he shall be liable to be punished as for con-
tempt of court. 45 W., c. 23, s. 83.
83. When, in the course of the winding up of the busi- Officer of
mess of a company under this Act, it appears that any past . #;"
or present director, manager, liquidator, receiver, employee money, may
or officer of such company has misapplied or retained in his . sºlº
own hands, or become liable or accountable for any moneys
of the company, or been guilty of any misfeasance or breach
of trust in relation to the company, the court may, on the
application of any liquidator, or of any creditor or contri-
butory of the company, notwithstanding that the offence is
one for which the offender is criminally liable, examine into
the conduct of such director, manager, liquidator, receiver,
officer or employee, and compel him to repay any moneys so
misapplied or retained, or for which he has become liable or
accountable, together with interest, at such rate as the court
thinks just, or to contribute such sums of money to the assets
of the company, by way of compensation in respect of such
misapplication, retention, misfeasance or breach of trust, as
the court thinks fit. 45 W., c. 23, s. 84;-47 W., c. 39, s. 6.
84. The courts of the various Provinces, and the judges Various pro-
of the said courts respectively, shall be auxiliary to one .*.*.*
another for the purposes of this Act; and the winding up of ary to one
the business of the company or any matter or proceeding *
relating thereto may be transferred from one court to another
with the concurrence, or by the order or orders, of the two
courts, or by an order of the Supreme Court of Canada. 45W.,
c. 23, S. 86.
- 1721
20 . Chap. 129. The Winding Up Act. 49 VICT.
Qrder of one, 85. When any order made by one court is required to be
.." * enforced by another court, an office copy of the order so
another. made, certified by the clerk or other proper officer of the
court which made the same, and under the seal of such
court, shall be produced to the proper officer of the court
required to enforce the same, and the production of such copy
shall be sufficient evidence of such order having been made :
and thereupon such last mentioned court shall take such
steps in the matter as are requisite for enforcing such order,
in the same manner as if it was the order of the court en-
forcing the same. 45 W., c. 23, S.87.
Rules of pro. 86. The rules of procedure, for the time being, as to
:*. * amendments of pleadings and proceedings in the court, shall
ments to apply, as far as practicable to all pleadings and proceedings
apply. under this Act; and any court before which such proceedings
are being carried on shall have full power and authority to
apply the appropriate rules as to amendments of the pro-
ceedings. 45 W., c. 23, s, 88, part.
Nºrgeeeding S7. No pleading or proceeding shall be void by reason of
#9. any irregularity or default which may be amended or disre-
garded under the rules and practice of the court. 45 W. .
c. 23, s. 88, part.
Before whom S8. Every affidavit, affirmation or declaration required to
º *Y be sworn or made under the provisions or for the purposes.
of this Act, or to be used in the court in any proceeding
under this Act, may be sworn or made in Canada before a
liquidator, judge, notary public, commissioner for taking
affidavits or justice of the peace ; and out of Canada, before
any judge of a court of record, any commissioner for taking
affidavits to be used in any court in Canada, any notary
public, the chief municipal officer of any town or city, any
British consul or vice-consul, or any person authorized by
or under any Statute of Canada, or of any Province, to take
affidavits. 45 W., c. 23, S. 89.
Judicial no- S9. All courts, judges, justices, commissioners and per-
.** sons acting judicially shall take judicial notice of the seal,
or stamp or signature, as the case may be, of any such court,
judge, notary public, commissioner, justice, chief municipal
'officer, consul, vice-consul, liquidator or other person attached,
appended or subscribed to any such affidavit, affirmation or
declaration, or to any other document to be used for the pur-
poses of this Act. 45 W., c. 23, s.90.
i. COD- 90. Any powers by this Act conferred on the court are
. ... this in addition to, and not in restriction of any other powers
it. i. subsisting either at law or in equity, of instituting proceed-
*...* ings against any contributory, or the estate of any contribu-
sº of the tory, or against any debtor of the company, for the recovery
COULIU. 1722 ſº
( 2.24
1886. The Winding Up Act. Chap. 129. 21
of any call or other sums due from such contributory or
debtor, or his estate; and such proceedings may be instituted
accordingly. 45 W., c. 23, s.92.
91. All costs, charges and expenses properly incurred in Qoştº payable
the winding up of a company, including the remuneration *lt of estate.
of the liquidator, shall be payable out of the assets of the
company, in priority to all other claims. 45 W., c. 23, s. 98.
92. In Ontario, the judges of the High Court of Justice; lºgº
in Quebec, the judges of the Court of Queen's Bench; and “"“”
in the other Provinces the judges of the court, or a majority
of the judges in each case, of whom the chief justice shall
be one, from time to time may make and frame and settle
the forms, rules, and regulations to be followed and observed
in proceedings under this Act, and may make rules as to
the costs, fees and charges which shall or may be had, taken
or paid in all such cases by or to attorneys, solicitors or
counsel, and by or to officers of courts, whether for the
officers or for the Crown, and by or to sheriffs, or other per-
sons, or for any service performed or work done under this
Act. 45 W., c. 23, s. 97.
93. Until such forms, rules and regulations are made, the Until rules
various forms and procedures, including the tariff of costs, *.
fees and charges in cases under this Act, unless otherwise dure to apply.
specially provided, shall, as nearly as may be, be the same
as those of the court in other cases. 45 W., c. 23, s. 98.
TJNCLAIMED DIVIDENDS.
94. All dividends deposited in a bank and remaining un- Unclaimed
claimed at the time of the final winding up of the business º: to
of the company, shall be left for three years in the bank Receiver
where they are deposited, subject to the claim of the person “”
entitled thereto, and if still unclaimed, shall then be paid
over by such bank, with interest accrued thereon, to the Min-
ister of Finance and Receiver General,—and, if afterwards
duly claimed, shall be paid over to the persons entitled
thereto. 45 W., c. 23, s. 91. $
OFFENCES.
95. Every person who, with intent to defraud or deceive Any person
any person, destroys, mutilates, alters or falsifies any book, º
paper, writing or security, or makes or is privy to the mak- &c., of com-
g * •ºr • , , oº, c.4 on. *y- pany guilty of
ing of any false or fraudulent entry in any register, book of ...
account or other document belonging to the º the
business of which is being wound up under this Act, is
guilty of a misdemeanor and liable to imprisonment in the
penitentiary for any term not less than two years, or to im-
prisonment in any gaol or place of confinement for any term
less than two years, with or without hard labor. 45 W.,
c. 23, s. 85.
1723
22
Chap. 129. The Winding Up Act. 49 WICT.
Court may
direct crim-
inal proceed-
ings against
officers of the
company
guilty of
offences.
Provisions
applicable to
banks.
Provision as
to winding-up
order in case
of bank.
Chairman of
meetings of
shareholders
and of credi-
torS.
Scale of votes.
96. When a winding-up order is made, if it appears in
the course of such winding up that any past or present
director, manager, officer or member of the company is guilty
of any offence in relation to the company for which he is
criminally liable the court may, on the application of any
person interested in such winding up, or of its own motion,
direct the liquidator to institute and conduct a prosecution
or prosecutions for such offence, and may order the costs and
expenses to be paid out of the assets of the company. 45 V.,
c. 23, s. 95.
PROVISIONS APPLICABLE TO BANKS.
97. The provisions of sections ninety-eight to one hun-
dred and four, both inclusive, apply to banks only, not
including savings banks. 45 W., c. 23, sub-title.
98. In the case of a bank, the application for a winding-
up order shall be made by a creditor for a sum of not less
than one thousand dollars, and the court shall, before making
the order, direct a meeting of the shareholders of the bank
and a meeting of the creditors of the bank to be summoned,
held, and conducted as the court directs, for the purpose of
ascertaining their respective wishes as to the appointment
of liquidators. 47 W., c. 39, s. 7, part.
99. The court may appoint a person to act as chairman
of the meeting of shareholders, and in default of such ap-
pointment, the president of the bank, or other person who
usually presides at a meeting of shareholders, shall preside;
the court may also appoint a person to act as chairman of the
meeting of creditors, and in default of such appointment,
the creditors shall appoint a chairman. 47 W., c. 39, s. 7, part.
HO0. In taking a vote at such meeting of shareholders,
regard shall be had to the number of votes conferred by law
Chairman to
report result
of vote.
Appointment
§.
If liquidators
have not been
nominated.
or by the regulations of the bank on each shareholder present
or represented at such meeting ; and in the case of creditors,
regard shall be had to the amount of the debt due to each
creditor. 47 W., c. 39, s. 7, part.
101. The chairman of each meeting shall report the result
thereof to the court, and if a winding-up order is made, the
court shall appoint three liquidators, to be selected in its
discretion, after such hearing of the parties as it deems ex-
pedient, from among the persons nominated by the majorities
and minorities of the shareholders and creditors at such
meetings respectively. 47 W., c. 39, s. 7, part.
102. If no one has been so nominated, the three liqui-
dators shall be chosen by the court, and if less than three
have been nominated, the requisite additional liquidator or
liquidators shall be chosen by the court. 45W., c. 23, s. 103.
1724
1886. The Winding Up Act. Chap. 129. 23.
103. The liquidators shall ascertain as nearly as possible, ºf
the amount of notes of the bank intended for circulation and º ºn
actually outstanding, and shall reserve, until the expiration outstanding
of at least two years after the date of the winding-up order, notes.
or until the last dividend, if that is not made until after the
expiration of the said time, dividends on such part of the
said amount in respect of which claims are not filed ; and
if claims are not filed and dividends applied for in respect
of any part of the said amount before the period herein
Himited, the dividends so reserved shall form the last or part
of the last dividend. 45 W., c. 23, s. 104.
104. Publication in the Canada Gazette and in the official What is suffi-
Gazette of each Province of Canada, and in two newspapers ...;
issued at or nearest the place where the head office of a bank notes.
is situate, of notice of any proceeding of which, under this
Act, creditors should be notified, shall be sufficient notice to
holders of bank notes in circulation; and if the head office is In Quebec.
situated in the Province of Quebec, one of the newspapers
in which publication is to be made shall be a newspaper
published in English and the other a newspaper published
in French. 45 W., c. 23, s. 105.
PROVISIONS APPLICABLE TO LIFE INSURANCE COMPANIES.
105. The provisions of sections one hundred and six to ;,
* - tº º ... ſº applicable to
one hundred and fourteen, both inclusive, apply only to life #".
insurance companies, and to insurance companies doing life companies.
and other insurance, in so far as relates to the life insurance
business of such companies. 45 V., c. 23, sub-title.
106. Except in the cases provided for in the thirty-second Company
and thirty-third sections of “The Insurance Act,” a company ºft.
shall be liable to be dealt with in the manner herein pre-sc, liable as
scribed for the case of insolvency, whenever its license has */
expired or been withdrawn, under the said Act, and has not
been renewed within thirty days after such expiry or with-
drawal. 40 W., c. 42, s. 15, part.
107. In case of the insolvency of any company, the de- Application
posits of such company held by the Minister of Finance and jº.,
Receiver General, and the assets held by the trustees under held by
“The Insurance Act,” shall be applied pro rată towards the "...fin-
discharge of all claims of policy holders in Canada duly solvency.
authenticated against such company. 40 W., c. 42, s. 15,
part –-45 W., c. 23, s. 107.
108. Upon the insolvency of any such company and the Rights
making of a winding-up order under this Act, the policy ...
holders in Canada shall be entitled to claim for the full net tº º
values of their several policies at the time of the winding-
up order (including bonus additions and profits accrued),
1725
24 Chap. 129. The Winding Up Act. 49 WICT.
less any amount previously advanced by the company on
the security of the policy; and such claims shall rank with
judgments obtained and claims matured on Canadian policies,
in the distribution of the assets:
Valuation of 2. The liquidator may require the superintendent of insur-
;" ance to value, or procure to be valued under his supervision,
the policies before mentioned, basing such valuation on the
mortality table of the Institute of Actuaries of Great Britain
and on a rate of interest at four and one half per centum per
annum,_except in the case of bonus additions or other
profits accrued or declared before the twenty-eighth day of
April, one thousand eight hundred and seventy-seven and
then Valued on the basis of a rate of interest other than that
above mentioned, which, in any such valuation, shall con-
Cost of valua-tinue to be valued on such other basis; and the expenses of
tion. such valuation, at a rate of three cents for each policy or
bonus addition so valued, shall be retained by the Minister
of Finance and Receiver General from the securities held
by him :
Sale of secu- 3. Upon the completion by the liquidator of the statement
...” to be prepared by him of all judgments, against the com-
schedule by pany upon policies in Canada, and of all claims upon policies
*** matured or outstanding as aforesaid, the court shall cause
the securities held by the Minister of Finance and Receiver
General for such company, and the assets held by the trus-
tees provided in “The Insurance Act,” or any part of them, to
be sold or realized in such manner and after such notice
and formalities as the court appoints :
Distribution 4. The proceeds thereof, after paying expenses incurred,
** shall, except in so far as they have been applied, under this
Act, to effect a re-insurance of policies, be distributed pro ratá
amongst the claimants according to such statement; and
If the assets if the said proceeds are not sufficient to cover in full all
* claims recorded in the statement, such policy holders shall
not be barred from any recourse they have, either in law
Or equity, against the company issuing the policy or against
any shareholder or director thereof, other than for a share
in the distribution of the proceeds above mentioned, or in
any distribution of the general property and assets of the
company, other than the deposit and the assets wested in
trustees :
Prºviso; as to 5. Provided always, that in all cases of distribution of the
!... proceeds of the deposit in the hands of the Minister of Fin-
mutual prin- ance and Receiver General, and the assets vested in the
ciple. trustees as provided for in this section, if it appears from the
charter, Act of incorporation or articles of association of the
company, and from the conditions of the policy, that any
Canadian policy holder claiming a share in such distribution
has been insured on the “mutual” principle—then such
policy holder shall be entitled only to claim a share in the
distribution as aforesaid, at the same rate as all other holders
of policies under the same conditions are entitled to claim in
Exception.
1726
1886. The Winding Up Act. Chap. 129. 25
the distribution of the total assets of the company, whether
they are holders of Canadian policies or otherwise; but this Application
proviso shall only apply, in respect to those companies char- º,
tered, incorporated or associated together in a country (other companies
than Canada) under the laws of which the holder of a Can- . *
adian policy issued by any such company is entitled to claim than in
a share in the distribution in such country at the same rate 9”
as all other holders of policies, under the same conditions,
are entitled to claim in the distribution of the total assets of
the company, and to enjoy all the rights and privileges as
policy holders which are enjoyed by the policy holders who
are natives of or naturalized in such country. 40 W., c. 42,
s. 16, part —45 W., c. 23, s. 108, part.
109. Whenever the company or the liquidator, or the If the policy
holder of the policy or contract of insurance exercises any ”.
right, which it or he has, to cancel the policy or contract,
the holder shall be entitled to claim as a creditor for the
sum which, under the terms of the policy or contract, is due
to him upon such cancellation. 45 V., c. 23, S. 108, part.
MI9. The liquidator shall, without the filing of any claim, Statement of
notice or evidence, or the taking of any action by any person, i.i.”
make a statement of all the persons appearing, by the books the liquidator,
and records of the officers of the company, to be creditors or º
claimants under the two sections next preceding, and of the located with-
amounts due to each such person thereunder, and every such "P"
person shall be collocated and ranked as and shall be entitled
to the rights of a creditor or claimant for such amount, with-
out filing any claim, notice or evidence, or taking any action; -
but any such collocation may be contested by any person Proviso; for
interested, and any person who is not collocated or who is “”
dissatisfied with the amount for which he is collocated, may
file his own claim :
2. A copy of such statement, certified by the liquidator, Copy of state-
shall forthwith, after the making of such statement, be filed #;"º
in the office of the superintendent of insurance at Ottawa; superintend-
and notice of such filing shall forthwith be given by the ..."ºne of
liquidator by notice in the Canada Gazette and in the official given.
Gazette of each Province of Canada, and in two newspapers
issued at or nearest the place where the head office in Canada
of the company is situate ; and the liquidator shall also, forth-
with, send by mail, prepaid, a notice of such filing to each
creditor named in the statement, addressed to the addresses
in Canada of such creditors, as far as the same are known, and
in the case of foreign creditors, addressed to the addresses of
their representatives or agents in Canada, as far as the same
are known. 45 W., c. 23, s. 109.
III. The holder of a policy or contract of life insurance, As to claims
upon which a claim accrues after the date of the winding- º'
up order and before the expiration of thirty days after the up order, but
1727
26 Chap. 129. The Winding Up Act. 49 WICT.
within 30 days filing, in the office of the superintendent of insurance, of the
thereof. statement referred to in the next preceding section, shall be
entitled to claim as a creditor for the full net amount of such
claim—less any amount previously advanced by the company
& on the security of the policy or contract; and the said state-
ment and the dividend sheet shall, if necessary, be amended
e accordingly :
º fier 2. No claim which accrues after the expiration of the thirty
30 days. days above mentioned, shall rank upon the estate unless and
until there is sufficient to pay all creditors in full. 45 W.,
c. 23, s. 110.
If the holder 112. If, before the expiration of the thirty days hereinbe-
###: fore mentioned, the holder of a policy or contract of life insur-
to accept in- ance, on which a claim has not accrued, signifies, in writing,
...m. to the liquidator, his willingness to accept an insurance in
pany. some other company for the amount which can be secured
by the dividend on his claim to which such holder is or may
become entitled, the liquidator may, with the sanction of the
Court, effect for such holder an insurance to the amount
aforesaid in another company or companies, approved of by
the Superintendent of insurance, and may apply to that pur-
pose the dividend on his claim to which such holder is or may
Proviso. become entitled: but such insurance shall be effected only as
part of a general scheme for the assumption, by some other
company or companies, of the whole or part of the outstand-
ing risks and liabilities of the insolvent company. 45 W.,
c. 23, s. 111.
Report to 113. If the company is licensed under “The Insurance
: Act,” the liquidator shall report to the superintendent of
$º, Il C6. insurance once in every six months, or oftener as the super-
intendent requires, on the condition of the affairs of the com-
pany, with such further particulars as the superintendent
requires. 45 W., c. 23, s. 112.
What is suffi- 114. Publication in the Canada Gazette and in the official
Cient notice :- &
to certain Gazette of each Province of Canada, and in two newspapers
policy holders, issued at or nearest the place where the head office in Canada
- of an insurance company is situate, of notice of any proceed-
ing of which, under this Act, creditors should be notified,
shall be sufficient notice to holders of policies or contracts
of insurance in respect of which no notice of claim has been
received. 45 W., c 23, s. 106.
PROVISIONS APPLICABLE TO INSURANCE COMPANIES OTHER
THAN LIFE INSURANCE COMPANIES.
;. º: II5. The following provisions of this Act, apply only to
šurance Comº insurance companies other than life insurance companies,
Pºnie.9ther and to insurance companies doing life and other insurance,
than life. g tº te
in so far as relates to the insurance business of such com-
panies which is not life insurance business. 45 W., c. 23,
sub-title.
1728
1886. The Winding Up Act. Chap. 129. 27
116- Any company shall be deemed insolvent upon its When i.iº.
failure to pay any undisputed claim arising, or loss insured º: "º
against, in Canada, upon any policy held in Canada, for the solvent.
space of sixty days after becoming due, or, if disputed, after
final judgment and tender of a legal valid discharge, and
(in either case) after notice thereof to the Minister of Finance
and Receiver General : ..
2. Provided, that in any case when a claim for loss is, by Proviso; if
the terms of the policy, payable on proof of such loss, with- º: #.
out any stipulated delay, the notice to the Minister of Fin- be on proof.
ance and Receiver General under this section shall not be
given until after the lapse of sixty days from the time when
the claim becomes due. 38 W., c. 20, s. 16, part.
117. Any deposit held by the Minister of Finance and Application of
Receiver General for policy holders, shall be applied pro ratá ;
towards the payment of all claims duly authenticated against Receiver
such company, upon or in respect of policies issued to policy *
holders in Canada. 38 W., c. 20, s. 16, part ;-45 W., c. 23,
s. 114, part.
118. Holders of policies or contracts of insurance on which As to policies
no claim has accrued at the time the winding-up order is ;..."...".
made, shall be entitled to claim as creditors, for a part of the crued at time
premium paid, proportionate to the period of their policies or ºding up
contracts respectively unexpired at the date of the winding- e
up order; and such return or unearned premium shall rank
with judgments obtained and claims accrued, in the distri-
bution of the assets :
2. Upon the completion of the statement to be prepared Sale of secur-
by the liquidator under this Act, the court shall cause the *
securities held by the Minister of Finance and Receiver Gen-
eral for such company, or any part of them, to be sold in such
manner and after such notice and formalities as the court
appoints; and the proceeds thereof, after paying expenses
incurred, shall (except in so far as they have been applied ºl.
under this Act to effect a re-insurance of the policies) be dis- ****
tributed pro rată amongst the claimants according to such
statement; and, if the proceeds are not sufficient to cover in
full all claims recorded in the statement, such policy holders
shall not be barred from any recourse they have either at law
or in equity against the company issuing the policy, other
than that for a share in the distribution of the proceeds of
the securities held for such company by the Minister of Fin-
ance and Receiver General: -
3. Whenever the company or the liquidator, or the holder As, to cancel-
of the policy or contract of insurance, exercises any right lººr
which it or he has to cancel the policy or contract, the holder
shall be entitled to claim as a creditor for the sum which,
under the terms of the policy or contract, is due to him upon
such cancellation. 38 W., c. 20, s. 17, part ;-45 W., c. 23,
s. 115, part.
1729
28 Chap. 129. The Winding Up Act. 49 WICT.
i.” II*. The liquidator shall, without the filing of any claim,
made by º º º - º
igidios, notice or evidence, or the taking of any action by any person,
make a statement of all the persons appearing, by the books
and records of the officers of the company, to be creditors
or claimants under the next preceding section, and of the
amounts due to each such person thereunder; and every such
person shall be collocated and ranked as and shall be entitled
to the rights of a creditor or claimant for such amount, with-
out filing any claim, notice or evidence, Ortaking any action;
Proviso. but any such collocation may be contested by any person
interested, and any person not collocated or dissatisfied with
the amount for which he is collocated, may file his own
claim : a'
§º 2. A copy of such statement, certified by the liquidator
ºld. shall, forthwith after the making of such statement, be filed
ent of in- in the office of the superintendent of insurance, at Ottawa,
** and notice of such filing shall be forthwith given by the
liquidator by notice in the Canada Gazette, and in the official
Gazette of each Province of Canada, and in two newspapers
issued at or nearest the place where the head office in Canada
Notice to each of the company is situate; and the liquidator shall also forth-
creditor. with send by mail, pre-paid, a notice of such filing to each
creditor named in the statement, addressed to the addresses
in Canada of such creditors, as far as the same are known—
and in the case of foreign creditors, addressed to the addresses
of their representatives or agents in Canada, as far as the same
are known. 45 W., c. 23, s. 116.
... 120. The holder of a policy or contract of insurance,
es after the e - - &
winding up other than life insurance, upon which a claim accrues after
§ º the date of the winding-up order, and before the expiration
offilii. of" of thirty days after the filing, in the office of the Superinten-
statement dent of insurance, of the statement referred to in the next .
preceding section, shall be entitled to claim, as a creditor, for
the full net amount of such claim ; and the said statement
and the dividend sheet shall, if necessary, be amended accord-
ingly: -
Glºinº accru- 2. No claim which accrues after the expiration of the thirty
ºis. days hereinbefore mentioned, shall rank upon the estate,
unless and until there is sufficient to pay all creditors in full.
45 W., c. 23, s. 117.
* ... 124. Before the expiration of the thirty days above men-
...” tioned, the liquidator may, with the sanction of the court,
*** arrange with any incorporated insurance company, approved
C. - e -
of for such purpose by the superintendent of insurance, for
the re-insurance by such company of the outstanding risks
of the insolvent company, and for the assumption by such
company of the whole or any part of the other liabilities of
jº, the insolvent company; and in case of such arrangement the
ransfer of as- 3. . .
sets in such liquidator may pay or transfer to such company, such of the
C8, Se. assets of the insolvent company as may be agreed on as the
1730
1886. The Winding Up Act. Chap. 129. 29
consideration for such re-insurance or assumption, and in
such case the arrangement for re-insurance shall be in lieu
of the claim for unearned premium : Provided always, that Application
any remaining assets of the insolvent company shall be re-“*P*
tained by the liquidator as a security to the creditors for the
payment of their claims, and shall, if necessary, be so applied,
and shall not be returned to the company, except on the
order of the court after the satisfaction of such claims. 45W.,
c. 23, s. 118.
122. If the company is licensed under “The Insurance Report to
Act,” the liquidator shall report to the superintendent of in-jº."
surance once in every six months, or oftener, as the Super-surance.
intendent requires, on the condition of the affairs of the com-
pany, with such further particulars as the Superintendent
requires. 45 V., c. 23, s. 119.
123. Publication in the Canada Gazette, and in the official What publica-
Gazette of each Province of Canada, and in two newspapers ...”
issued at or nearest the place where the head office of an
insurance company is situate, of notice of any proceeding of
which, under this Act, creditors are to be notified, shall be
sufficient notice to holders of policies or contracts of insur-
ance, in respect of which no notice of claim has been received.
45 W., c. 23, s. 113.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
31% 1781
CEIAPTER 13O.
An Act respecting the incorporation of Boards of Trade. A. D. 1886.
Hº Majesty, by and with the advice and consent of the
7" Senate and House of Commons of Canada, enacts as
follows ...—
/ 1. In this Act, unless the context otherwise requires,- Hºprºtº-
(a.) The expression “district” means the city, county, º trict.”
town, village or judicial district within and for which a 1St.) ICT, .
board is established under this Act;
(b.) The expression “Board of Trade,” includes Chamber of “Board of
Commerce. 39 W., c. 34, s. 1, part. {{ Trade.”
2- Any number of persons not less than thirty, who are Formation of
merchants, traders, brokers, mechanics, manufacturers, man- º of
agers of banks or insurance agents, and residents of any dis- e
trict which has a population of not less than two thousand
five hundred, may associate themselves together as a board
of trade, and appoint a secretary. 39 W., c. 34, s. 1, part.
3. The persons so associating themselves together as a Certificate of
board of trade shall, under their hands and seals, make a *
certificate specifying the name assumed by the association,
and by which it shall be known, also the name as hereinbe-
fore defined, of the district in which the same is situate and
its business is transacted, and the name of the person by
them appointed secretary to the said board of trade. 39 W.,
c. 34, S. 1, part.
4. Such certificate shall be acknowledged before a notary Certificate to
public, commissioner for taking affidavits, or justice of the gº...of
peace, by the secretary of the said board of trade, and shalls."
be forwarded to the Secretary of State, who shall cause the
same to be recorded in a register to be kept for that purpose;
and a copy thereof, duly certified by the Secretary of State,
shall be evidence of the existence of such association. 39 W.,
c. 34, S. 1, part.
5. The persons named as corporators in the said certificate, Persons
tº º tg incorporated
and such other persons as afterwards join them, are hereby jº
authorized to carry into effect the objects for which such tain powers.
association was constituted, and to exercise the powers and
privileges conferred by this Act; and they and their associates,

31}% 1733
Chap. 130. Boards of Trade. 49 WICT.
Domicile.
Officers and
Council of
Board of
Trade.
First meeting
for election
of officers, &c.
General
quarterly
meetings.
• Election of
President and
members of
Council.
Provision, in
case of failure
of election.
President and
vice-presi-
dent to take
oath of office.
successors and assigns, by the name and style specified in
the said certificate, shall be a body corporate and politic, with
power to acquire, sell and convey any real estate, necessary
for the objects of such association. 87 W., c. 51, S. 4, part.
6. The usual place of meeting of the said corporation shall
be held to be the legal domicile thereof, at which service of
any notice or process may be made. 37 W., c. 51, S.4, part.
7. The officers of every board of trade shall be a president,
Vice-president and secretary, who, together with not less
than eight other members, shall constitute a council, which
shall be called “The Council of the Board of Trade of º
(adding the name of the district as hereinbefore defined), and
who shall have the powers and perform the duties hereinafter
mentioned; and when the foregoing provisions have been
complied with, it shall be competent for a majority of the
persons named as corporators in the said certificate, to hold a
meeting for the election of a president, vice-president and
members of the said council and, without notice, to make
and enact such by-laws, rules and regulations as are herein-
after mentioned. 37 W., c. 51, s. 5;-39 W., c. 34, s. 2.
8. The members of the said corporation shall hold general
quarterly meetings in each year, at some place within the
district, of which, Inotice, naming the time and place, shall
be given by the secretary of the council for the time being,
at least three days previous to such meeting, through one
newspaper or otherwise, as is thought necessary by the coun-
cil; and at the first quarterly meeting held in each year, the
members of the said corporation present, or a majority of
them, shall elect, in the manner prescribed by the by-laws,
from among the members of the corporation, a president,
vice-president and secretary, and at least eight other mem-
bers of the council, who, with the president, vice-president
and secretary, shall form the council of the corporation, and
shall hold their offices until others are elected in their stead,
at the next first quarterly meeting of the ensuing year, as
aforesaid, or until they are removed from office, or vacate the
same under the provisions of the by-laws of the corporation :
2. If the said election does not take place at such first
quarterly meeting, as aforesaid, the said corporation shall not
be thereby dissolved, but such election may be held at any
general meeting of the corporation, called in the manner
hereinafter provided, and the members of the council in office
shall remain members until the election is held. 37 W., c. 51,
S. 6
9. The president and vice-president shall, before entering
upon the duties of their office, take and subscribe before
the mayor of the city or town, constituting the district, or
before any justice of the peace, an oath in the form follow-
ing, that is to say :— -
1734
1886. Boards of Trade. Chap. 130. 8
“I swear that I will faithfully and truly perform my Form of oath.
“duty as of the Board of Trade, and that I will,
“in all matters connected with the discharge of such duty,
“do all things, and such things only, as I shall truly and
“gonscientiously believe to be adapted to promote the objects
“for which the said board was constituted, according to the
“true intent and meaning of the same. So help me God.”
37 W., c. 51, s. 7.
10- If any member of the council dies or resigns his office, Vacation of
• * c. 4'--v, c.; e ~~ . * tº office, and fill-
or is absent for six months continuously from the meetings ing vacancies
of the council, the council may, at any meeting thereof, elect in council.
a member of the corporation to be a member of the council,
in the place of the member who has died or resigned, or is
absent ; and such new member shall be so elected by a ma-
jority of the members of the council present at any meeting
of the same, if there is a quorum present at such meeting;
and the member so elected shall hold office until the next
annual election. 37 V., c. 51, s. 8.
11. At any annual or general meeting of the corporation, Majority pre-
whether for the purpose of electing members of the council #: #:.
or for any other purpose, a majority of members present at ation to have
such meeting shall be competent to do and perform all acts "P"
which, either under this Act or under any by-law of the
corporation, are or shall be directed to be done at any such
general meeting, 37 W., c. 51, s. 9.
12. Any member of the corporation, who intends to retire Retirement of
therefrom or to resign his membership, may do so, at any ""
time, upon giving to the secretary ten days' notice, in writing,
of such intention, and upon discharging any lawful liability
which is standing upon the books of the corporation against
him at the time of such notice. 37 W., c. 51, s. 10.
13. The majority of the members of the corporation pre-ºſ-
sent at any general meeting may make by-laws and regula- ºns;
tions, and from time to time repeal, alter and amend the for what pur-
same, for the government of the corporation, providing for *
the admission, and subscriptions of members, for the impos-
ing of penalties, for the expulsion or the retirement of mem-
bers, for the management of its council, officers and affairs, –
for the guidance of the board of arbitrators hereinafter men-
tioned, and for fixing the date and place of the regular
meetings of the council, and all other by-laws in accordance
with the requirements of this Act or the laws of Canada :
2. Such by-laws shall be binding on all members of the To be bind-
corporation, its officers and servants, and all other persons, *
whomsoever, lawfully under its control:
3. No by-law shall be made by the corporation, except as Notige of pro-
hereinbefore mentioned, without notice in writing thereof ºº
having been given by one member and seconded by another wº
- 1735 -
Chap. 130. Boards of Trade. 49 WICT.
Who may be-
COIOle DOC100-
bers of the
sººn
and how.
Proviso : as to
erSOnS not
eing traders,
&c.
Special gene-
ral meetings
of corpora-
tion.
Meeting of
council, how
convened, &c.
Powers.
Exception.
Quorum.
Who to pre-
side.
Casting vote.
member at a previous meeting, and duly entered in the books
of the corporation as a minute of the corporation. 37 W.,
c. 51, s. 11.
14. Every person resident within the district, who is or
has been a merchant, broker, trader, mechanic, manufacturer,
manager of a bank or insurance agent, shall be eligible to
become a member of the corporation ; and at any general
meeting of the corporation any member of the corporation
may propose any such person, as aforesaid, as a candidate
for becoming a member of the corporation ; and if such pro-
position is carried by a majority of two thirds of the mem-
bers of the corporation then present, he shall thenceforth be
a member of the corporation, and shall have all the rights
and be subject to all the obligations which the other mem-
bers possess or are subject to : Provided always, that any
person who is not a merchant or trader, broker, mechanic,
manufacturer, manager of a bank or insurance agent, shall
be eligible to become a member of the corporation, in manner
aforesaid, if such person is recommended by the council of
the board of trade at any such meeting. 37 W., c. 51, s. 12.
15. The council, or a majority of them, by a notice inserted
in one or more newspapers published within the district,
one day previously to the meeting, or by a circular letter to
each member, signed by the secretary of the corporation, and
mailed one day previously to the meeting, may call a general
meeting of the corporation for any of the purposes of this
Act. 37 W., c. 51, s. 13.
16. The council may hold meetings, from time to time, and
adjourn the same when necessary, and may, at such meet-
ings, transact such business as is, by this Act or by the by-
laws of the corporation, assigned to it ; and such meetings
of the council shall be convened by the secretary, at the
instance of the president, or upon the request of any two
members of the council : -
2. The council shall, in addition to the powers hereby
expressly conferred on it, have such powers as are assigned
to it by any by-law of the corporation, except the power of
enacting or altering any by-law, or admitting any member,
which shall be done only in the manner provided for by
this Act :
3. Any five or more members of the council, lawfully met,
shall be a quorum, and a majority of such quorum may do
all things within the powers of the council: -
4. At all meetings of the council, and at all general meet-
ings of the corporation, the president, or in his absence, the
vice-president, or if both are absent, any member of the coun-
cil then present who is chosen for the occasion, shall preside;
and in all cases of equality of votes upon any division, he
shall have a casting vote. 37 W., c. 51, s. 14.
1736
1886. Boards of Trade. Chap. 130. 5
17. The council shall frame such by-laws, rules and regu- § to
lations as appear to it best adapted to promote the welfare Hº º, to
of the corporation and the purposes of this Act, and shall be submitted
submit the same for adoption, at a general meeting of the **
corporation, called for that purpose, in the manner herein-
before provided. 37 W., c. 51, s. 15.
18- All subscriptions of members due to the corporation, ; Of
under any by-law, all penalties incurred under any by-law, ...”
by any person bound thereby, and all other sums of money
due to the corporation, shall be paid to the secretary thereof,
and in default of payment, shall be recoverable in an action
brought in the name of the corporation; and it shall only
be necessary, in such action, to allege that such person is in-
debted to the corporation in the sum of money, the amount
of such arrearage on account of such subscription, penalty
or otherwise, whereby an action has accrued to the corpora-
tion by virtue of this Act. 37 V., c. 51, s. 16.
19. On the trial or hearing of any such action, it shall be ºn
sufficient for the corporation to prove that the defendant, at tº it in
the time the demand was made, was or had been a member such case.
of the corporation, and that the amount claimed as such sub-
scription, penalty or otherwise, was standing unpaid upon
the books of the corporation. 37 W., c. 51, s. 17.
20. The meetings of the council shall be open to all mem- ...º.
bers of the corporation who may attend at the same, but who open to mem.
shall take no part in any proceedings thereat; and minutes Pº”.
of the proceedings at all meetings, whether of the council or Minutes.
of the corporation, shall be entered, in books to be kept for
that purpose, by the secretary of the corporation ; and the
entry thereof shall be signed by the president or vice-presi: ;
dent or the other person who presides at the meeting; and “
such books shall be open at all reasonable hours to any mem-
ber of the corporation free of any charge. 37 W., c. 51, s. 18.
21. At the time hereby appointed for the election of the Bºard ºf
council, and in the same manner, the members of the corpo- “”
ration may elect, from their number, twelve persons, who
shall form a board, which shall be called “The Board of
Arbitration;” and any three of such persons shall have power ****
to arbitrate upon, and make their award in any commercial
case or difference which is voluntarily referred to them by
the parties concerned : and whenever such parties agree to
bind themselves, by bond or otherwise, to submit the matter
in dispute between them to the decision of the board of
arbitration, such submission shall be understood to be made
to any three members of the said board, who may, either by
the special order of the said board, or by virtue of any gem-
eral rules adopted by them, or under any by-law of the cor-
poration touching the considºn of any cases so submitted,
- 1737
Chap. 130. Boards of Trade. 49 WICT.
Form of sub-
mission to
board.
Members of
board to be
SWOrn.
Members of
council may
be arbitrators.
Powers of
arbitrators as
to examina-
tion in hear-
ing cases.
Award.
POWer of
council to
appoint board
º examiners
of inspectors.
Boards of
Trade may
affiliate with
Dominion
Board of
Trade.
Proviso.
be appointed to hear, arbitrate and decide upon the case or
cases so submitted to them ; and such decision shall be
binding upon the said board of arbitration and the parties
making the submission; and any such submission shall be
according to the form A in the schedule to this Act, or to the
same effect. 37 W., c. 51, s. 19.
22. The several members of the board of arbitration shall,
before they act as such, take and subscribe, before the presi-
dent or vice-president of the corporation, an oath in the form
B in the schedule to this Act, that they will faithfully, im-
partially and diligently perform their duties as members of
the board of arbitration, and such oath shall be kept among
the documents of the corporation. 37 W., c. 51, s. 20.
23. Any member of the council may, at the same time,
be a member of the board of arbitration. 37 W., c. 51, s. 21.
24. The three members appointed to hear any case sub-
mitted for arbitration, as aforesaid, or any two of them, shall
have full power to examine, upon oath (which oath any one
of such three members is hereby empowered to administer),
any party or witness who, appearing before them, is so ex-
amined, and shall give their award thereupon in writing;
and their decision, or that of any two of them, given in such
award shall bind the parties according to the terms of the
submission and the provisions of this Act. 37 V., c. 51, s. 22.
25. The council of the corporation may appoint five per-
sons to constitute a board of examiners to examine applicants
for the office of inspector of flour and meal, or of any other
article subject to inspection, and may do all such other acts,
matters and things connected with the inspection of flour
and meal or any other article, and shall have as full power
and be subject to the same conditions as those conferred
upon and required of the councils of the boards of trade by
“The General Inspection Act ’’; and the said examiners and
inspector shall be subject to all the provisions touching their
office set forth in the said Act. 37 W., c. 51, s. 23.
26- Any board of trade duly registered as aforesaid, under
the provisions of this Act, may become affiliated with the
Dominion board of trade, on duly complying with all the
terms and requirements of that organization, and may be
represented at all its ordinary or special general meetings,
held from time to time : Provided always, that the delegates
or representatives to the Dominion board of trade shall be
elected at a general meeting, duly convened, of the board of
trade desiring such affiliation as aforesaid. 37 W., c. 51, s. 25.
1738
1886. Boards of Trade. Chap. 130.
SCHEDULE OF FORMS.
FORM A.
|Know all men, that the undersigned and
the undersigned (if there are more parlies, that is, more separate
$nterests, mention them) having a difference as to the respective
rights of the said parties, as in the case hereunto subjoined,
have agreed and bound themselves under a penalty of
dollars, to perform and abide by the award to be made by
the Board of Arbitration of the Board of Trade of º
in the case aforesaid, under the penalty aforesaid, to be paid,
by the party refusing to perform or abide by such award to
the party ready and willing to perform or abide by the same.
In witness whereof, the said parties have hereunto set
their hands and affixed their seals at the of
On the day of , A.D. 18
A. B. [L.S.]
C. D. [L.S.]
37 W., c. 51, sch. part.
*=ºssºmsº
FORM B.
I swear that I will faithfully, impartially and diligently
perform my duty as a member of the Board of Arbitration
of the Board of Trade of , and that I will, in all
cases in which I shall act as arbitrator, give a true and just
award, according to the best of my judgment and ability,
without fear, favor or affection, of or for any person whom-
soever : So help me God. 37 V., c. 51, sch. part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1739
An Act respecting Trade Unions. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
SHORT TITLE.
I. This Act may be cited as “The Trade Unions Act.” 35 W., Short title.
c. 30, s. 1.
INTERPRETATION.
2. In this Act, unless the context otherwise requires, the Interpreta-
expression “Trade Union” means such combination, whether *ade
temporary or permanent, for regulating the relations between “Union.”
workmen and masters, or for imposing restrictive conditions
on the conduct of any trade or business, as would, but for
this Act, have been deemed to be an unlawful combination
by reason of some one or more of its purposes being in re-
straint of trade. 35 W., c. 30, s. 22, part.
APPLICATION OF ACT.
3. This Act shall not affect,
(1.) Any agreement between partners as to their own busi-Certain
meSS ; - #.
(2.) Any agreement between an employer and those em-
ployed by him as to such employment;
(3.) Any agreement in consideration of the sale of the good-
will of a business, or of instruction in any profession, trade
or handicraft. 35 W., c. 30, s. 22, part.
4. Nothing in this Act shall enable any court to entertain Certain legal
any legal proceeding instituted with the object of directly .;
enforcing or recovering damages for the breach of any of the ed by this
following agreements, that is to say:— Act.
(1.) Any agreement between members of a trade union
as such, concerning the conditions on which any members
for the time being of the trade union shall, or shall not, sell
their goods, transact business, employ or be employed ;
(2) Any agreement for the payment by any person of any
subscription or penalty to a trade union;

1741
2 Chap. 131. The Trade Union Act. 49 vict.
(3.) Any agreement for the application of the funds of a
trade union,-- -
ſa.) To provide benefits to members; or—
(b.) To furnish contributions to any employer or workman,
not a member of such trade union, in consideration of such
employer or workman acting in conformity with the rules or
resolutions of such trade union; or—
(c.) To discharge any fine imposed upon any person by
2^ sentence of a court of justice; -
(4.) Any agreement made between one trade union and an-
other ;
(5.) Any bond to secure the performance of any of the
above mentioned agreements :
#: But nothing in this section shall be deemed to constitute
unlawful any of the agreements above mentioned unlawful. 35 W.,
thereunder. c. 30, s. 4. r
ºlºn 5. No Act in force in Canada providing for the constitu-
* l * * ſº & - g
‘...." tion and incorporation of charitable, benevolent or prôvi-
dent institutions, shall include or apply to trade unions; and
this Act shall not apply to any trade union not registered
under this Act. 35 V., c. 30, s. 5.
CONSTITUTION OF TRADE UNIONs.
º 6. Any seven or more members of a trade union may, by
i.” ” subscribing their names to the rules of the union and other-
wise complying with the provisions of this Act with respect
to registry, register such trade union under this Act, but if
any one of the purposes of such trade union is unlawful, such
registration shall be void. 35 V., c. 30, s. 6.

Powers as to 7. Any trade union registered under this Act, may pur-
land. chase, or take upon lease, in the names of the trustees for
the time being of such trade union, any land not exceeding
one acre, and may sell, exchange, mortgage or let the same :
and no purchaser, assignee, mortgagee or tenant, shall be
bound to inquire whether the trustees have authority for
any sale, exchange, mortgage or letting, and the receipt of
the trustees shall be a discharge for the money arising there-
from ; and for the purposes of this section, every branch of
a trade union shall be considered a distinct union. 35 W.,
c. 30, s. 7.
. 8. All real and personal property whatsoever belonging to
S Il e & * . tº
*:::: any trade union registered under this Act, shall be vested in
the trustees for the time being of such trade union, appointed
as provided by this Act, for the use and benefit of such trade
union and the members thereof; and the real or personal
property of any branch of a trade union shall be vested in
f the trustees of such branch and be under the control of such
. . . | trustees, their respective executors or administrators, accord-
1742
1886. The Trade Union Act. Chap. 131. 3
ing to their respective claims and interests; and upon the
death or removal of any such trustees the same shall vest in
the succeeding trustees for the same estate and interest as the
former trustees had therein, and subject to the same trusts,
without any conveyance or assignment whatsoever, save
and except in the case of Dominion stock, which shall be
transferred into the names of such new trustees:
2. In all actions, suits or indictments or summary pro- Whose the
ceedings before any court of summary jurisdiction, touch- º'
ing or concerning any such property, the same shall be stated be.
to be the property of the persons for the time being holding
the said office of trustee, in their proper names, as trustees of
such trade union, without any further description. 35 W.,
c. 30, s. 8.
$9. The trustees of any trade union registered under this Pºwers * *
Act, or any other officer of such trade union who is autho-º.
Yized so to do by the order thereof, may bring or defend, or
cause to be brought or defended, any action, suit, prosecu-
tion or complaint, in any court of competent jurisdiction,
touching or concerning the property, right or claim to prop-
erty of the trade union—and may, in all cases concerning
...the property, real or personal, of such trade union, Sue and
be sued, plead and be impleaded, in any such court, in their
proper names, without other description than the title of
their office : -
2. No such action, suit, prosecution or complaint, shall be Not abated by
discontinued or abated by the death or removal from office #.""
of such persons, or any of them, but the same shall be pro-
ceeded in by or against their successor or successors, as if
such death, resignation or removal had not taken place; and
such successors shall pay and receive the like costs as if the
action, Suit, prosecution or complaint had been commenced
in their names, for the benefit of, or to be re-imbursed from
the funds of such trade union :
3. Any summons to any such trustee or other officer may Service of
be served by leaving the same at the registered office of the P"
trade union. 35 W., c. 30, s. 9.
10. A trustee of any trade union registered under this Liability of
Act shall not be liable to make good any deficiency which trustee.
arises or happens in the funds of such trade union ; but such
trustee shall be liable only for the moneys actually received
by him on account of such trade union. 35 W., c. 30, s. 10.
II. Every treasurer or other officer of a trade union, regiº be
istered under this Act shall, at such times as by the rules of “
such trade union he is required to render such account as
hereinafter mentioned, or upon being called on so to do, render
to the trustees of the trade union, or to the members of such
trade union, at a meeting thereof, a just and true account of
all moneys received and paid by him since he last rendered
- 1743
4 Chap. 131. The Trade Union Act. 49 VICT.
a like account, and of the balance then remaining in his
hands, and of all bonds or securities of such trade union :
Audit. 2. The trustees shall cause such account to be audited by
some fit and proper person or persons appointed by them ;
Payment, &c., and such treasurer, if thereunto required, upon such account
** being audited, shall forthwith hand over to the trustees the
balance which, on such audit, appears to be due by him, and
shall also, if required, hand over to such trustees all securities
and effects, books, papers and property of such trade union
Recovery in in his hands or custody; and if he fails so to do, the said
i.” trustees may sue such treasurer, in any court of competent
jurisdiction, for the balance appearing to have been due from
him upon the last account rendered by him, and for all
moneys since received by him on account of such trade union,
and for the securities and effects, books, papers and property
in his hands or custody, -leaving him to set offin such action
the sums, if any, which he has since paid on account of such
Costs. trade union ; and in such action the trustees shall be entitled
to recover their full costs of suit, to be taxed as between
solicitor and client. 35 W., c. 30, s. 11. -
Fraudulently 12. If any officer, member or other person who is, or repre-
#ng sents himself to be a member of a trade union registered
y * ſº o g
&c., finds, under this Act, or the nominee, executor, administrator or
ºna assignee of a member thereof, or any person whatsoever, by
false representation or imposition, obtains possession of any
moneys, securities, books, papers or effects of such trade
union, or, having the same in his possession, wilfully with-
holds or fraudulently misapplies the same, or wilfully applies
any part of the same to purposes other than those expressed
or directed in the rules of such trade union, or any of them,
the magistrate or justices having jurisdiction in cases of
complaint for offences under this Act, for the place in which
the registered office of the trade union is situate, upon a
complaint made by any person on behalf of such trade
Qrder of resti- union, or by the registrar, may, by summary order, order
j"** such officer, member or other person, to deliver up all such
moneys, securities, books, papers or other effects to the trade
union, or to repay the amount of money paid improperly,
and to pay, if the court thinks fit, a further sum of money
not exceeding one hundred dollars, together with costs not
exceeding five dollars; and in default of such delivery of
effects or payment of such amount of money, or payment of
such penalty and costs, as aforesaid, the said court may
Order the person so convicted to be imprisoned, with or
without hard labor, for any term not exceeding three
months :
As to pro- 2. Nothing in this Act shall prevent the trade union from
; proceeding by indictment against the said person; but no
person shall be proceeded against by indictment if a convic-
tion has been previously obtained for the same offence under
the provisions of this Act. 35 W., c. 30, s. 12.
1744
1886. The Trade Union Act. Chap. 131. 5.
REGISTRY OF TRADE UNIONS.
13. The Registrar General of Canada shall be the registrar Registrar.
under this Act. 35 W., c. 30, s. 17, part.
14. With respect to the registry, under this Act, of trade Registry.
unions, the following provisions shall have effect:-F.,
* * ( /2 ſº * > tº e * º e º
(1) Arı application to register the Bºº union and printed Application.
copies of its rules, together with a list of the titles—and
names of its officers, shall be sent to the registrar under this
Act :
(2.) The registrar, upon being satisfied that the trade union Registration.
has complied with the regulations respecting registry in
force under this Act, shall register such trade union and
such rules: s -
(3.) No trade union shall be registered under a name Name.
identical with that under which any other trade union has
been registered, or so nearly resembling such name as to be
likely to deceive the members or the public: -
(4.) If a trade union which applies to be registered has Statement of
been in operation for more than a year before the date of *
such application, there shall be delivered to the registrar,
before the registry thereof, a general statement of the
receipts, funds, effects and expenditure of such trade union,
in the same form and showing the same particulars as if it
was the annual general statement required, as hereinafter
mentioned to be transmitted annually to the registrar :
(5.) The registrar, upon registering such trade union, shall Certificate of
issue a certificate of registry, which certificate, unless it is registry.
proved to have been withdrawn or cancelled, shall be con-
clusive evidence that the regulations of this Act, with re-
spect to registry, have been complied with :
(6.) The Governor in Council may, from time to time, make Regulations
regulations respecting registry under this Act, and respect.”
ing the seal, if any, to be used for the purpose of such regis-
try, and the inspection of documents kept by the registrar
under this Act, and respecting the fees, if any, to be paid on
registry, not exceeding the fees specified in the first schedule
to this Act, and generally for carrying this Act into effect.
35 W., c. 30, s. 13.

15. With respect to the rules of a trade union registered Rules of regis-
under this Act, the following provisions shall have effect:- “"“”
(1.) The rules of every such trade union shall contain pro- What they,
visions in respect of the several matters mentioned in the shall contain.
second schedule to this Act:
(2.) A copy of the rules shall be delivered by the trade Copies.
union to every person on demand, on payment of a sum, not
exceeding twenty-five cents. 35 W., c. 30, s. 14.
16. Every trade union registered under this Act shall Union to have

have a registered office, to which all communications and ºn
Chap. 131 . The Trade Union Act. 49 WICT.
Notice of such
office to be
given.
notices may be addressed ; and if any trade union registered
under this Act is in operation for seven days without having
such an office, such trade union and every officer thereof
shall each incur a penalty not exceeding twenty-five dollars
for every day during which it is so in operation :
2. Notice of the situation of such registered office and of
any change therein, shall be given to the registrar and
recorded by him, -and until such notice is given, the trade
General
statement of
affairs for
registrar.
union shall not be deemed to have complied with the pro-
visions of this Act. 35 W., c. 30, s. 15. *
17. A general statement of the receipts, funds, effects and
expenditure of every trade union registered under this Act
shall be transmitted to the registrar, before the first day of
June in each year,<-and shall show fully the assets and
liabilities at the date, and the receipts and expenditure of the
trade union, during the year next preceding the date to which
it is made out, - and shall show, separately, the expenditure
Copies for
members.
Copies of
rules to ac-
company
Statement.
Penalty for
violation of
preceding
Section,
And for
making false
entries.
Punishment
for circula-
ting false
copies of rules
of a union.
in respect of the several objects of the trade union,-and shall,
be prepared and made out to such date, in such form and
shall comprise such particulars as the registrar, from time to
time, requires; and every member of and depositor in any
such trade union shall be entitled to receive, on application
to the secretary or treasurer of the trade union, a copy of
such general statement, without making any payment for
the same : -
2. There shall be sent to the registrar, together with such
general statement, a copy of all alterations of rules, and new
rules and changes of officers, made by the trade union dur-
ing the year preceding the date up to which the general
statement is made out, and a copy of the rules of the trade
union as they exist at that date. 35 V., c. 30, s. 16, part.
PENALTIES.
18. Every trade union that fails to comply with or acts in
violation of the next preceding section, and every officer of
the trade union failing so to act, shall each incur a penalty
not exceeding twenty-five dollars for each offence :
2. Every person who wilfully makes, or orders to be made,
any false entry in Ör any omission from any such general
statement, or in or from the return of such copies or rules
or alterations of rules, shall incur a penalty not exceeding
two hundred dollars for each offence. 35 V., c. 30, s. 16, part.
19. Every person who, with intent to mislead or defraud,
gives to any member of a trade union registered under this
Act, or to any person intending or applying to become a
member of such trade union, a copy of any rules or of any
alterations or amendments of the same, other than those
respectively which exist for the time being, on the pretence
that the same are the existing rules of such trade union, or
that there are no other rules of such trade union,--or who,
1746
1886. * The Trade Union Act. Chap. 131. T
with the intent aforesaid, gives a copy of any rules to any
person under the pretence that such rules are the rules of a
trade union registered under this Act, which is not so regis-
tered, is guilty of a misdemeanor, and liable to a penalty
mot exceeding two hundred dollars, or to imprisonment for
a term not exceeding six months, or to both, in the discre-
tion of the court. 35 W., c. 30, s. 18.
20. All offences and penalties under this Act may be pro- Summary
secuted and recovered under the “Act respecting summary jº,
proceedings before Justices of the Peace : ” pply.
2. The complaint or information shall be brought, heard Before whom
and determined before some stipendiary or police magistrate ..."
or other functionary having, by law, the powers of two jus- ºil.
tices of the peace, if the offence is committed in any city,
town or place in which any such magistrate or functionary
has jurisdiction ; and if the offence is committed elsewhere,
then before two justices of the peace :
3. The description of any offence against this Act in the Description of
words of this Act shall be sufficient in law : offence.
4. Any exception, exemption, proviso, excuse or qualifica- How excep-
tion, whether it does or does not accompany the description #. jº,
of the offence in this Act, may be proved by the defendant, be proved.
but need not be specified in the information; and if so specified
and negatived, no proof in relation to the matters specified
and negatived shall be required on the part of the informant
or prosecutor. 35 V., c. 30, s. 19.
GENERAL PROVISIONs.
21. No person who is a master, or the father, son or brother Certain per-
of a master, in the particular trade or business in or in con- ...is.
nection with which any offence under this Act is charged trates."
to have been committed, shall act as a magistrate or justice
of the peace, in any case of complaint or information under
this Act, or as a member of any court for hearing any appeal
in any such case. 35 V., c. 30, s. 21.
22. The purposes of any trade union shall not. by reason Purposes of
merely that they are in restraint of trade, be deemed to be ...".
Qunlawful, so as to render any member of such trade union tº
liable to criminal prosecution for conspiracy or otherwise,
or so as to render void or voidable any agreement or trust.
35 W., c. 30, ss. 2 and 3.
23. The Registrar General of Canada shall lay before Annual re;
Parliament annual reports with respect to the matters trans-H... *
acted by him as registrar under this Act and in pursuance
thereof. 35 V., c. 30, s. 17, part.
32% 1747
8
Chap. 131. ) The Trade Union Act. 49 WICTs.
/
• SCHEDULES.
FIRST SCHEDUILE.
Mazimum Fees.
For registering a trade union................ $4 00
For registering alterations in rules......... 2 00
For inspection of documents................. 0 50
35 W., c. 30, 2nd sch.
SECONID SCHEDULE.
Matters to be provided for by the Rules of Trade Unions
registered under this Act.
1. The name of the trade union and place of meeting for
the business of the trade union;

2. *; object for which the trade union is to be estab-
lished, thºjúrposes for which the funds thereof shall be
;i. under which any member may
become entitled to any benefit assured thereby, and the fines
and forfeitures which may be imposed on any member of
such trade-union ; *
3. The manner of making, altering, amending and rescind-
ing rules;
4. A provision for the appointment and removal of a gene-
ral committee of management, and of a trustee or trustees,
treasurer and other officers;”
5. A provision for the investment of the funds, and for an.
..annual or periodical audit of accounts;**
6. The inspection of the books and names of members of
the trade union by every person having an interest-in the
funds of the trade union. 35 V., c. 30, 1st sch.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1748
CHAPTER 132.
An Act respecting Electric Telegraph Companies. A. D. 1886.
TER Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:–
1. This Act may be cited as “The Electric Telegraph Short title.
Companies Act.”
2. In this Act, unless the context otherwise requires, the Hºpies.
expression “the company ” means a company incorporated .
-------- { { • 2 3 “Company.”
by letters patent under “The Companies Act” for the pur-
pose of constructing a line or lines of electric telegraph in
Canada.
3. Every company may construct the lines of telegraph, ...”
authorized by its charter, along and upon any of the public ..."
roads and highways, or across or under any of the navigable
waters within Canada, by the erection of the necessary fix-
tures, including posts, piers or abutments for sustaining or
protecting the wires or cables of such lines; but the same shall
be so constructed as not to incommode the public use of
such roads or highways, or to impede free access to any
house or other building erected in the vicinity of the same,
or injuriously to interrupt the navigation of such waters.
C. S. C., c. 67, s. 8.
4. Nothing herein contained shall confer on the company No bridge
the right of building a bridge over any navigable water. ...?"
C. S. C., c. 67, s. 9.
5- The company shall transmit all despatches in the order Order ºf .
in which they are received ; and every company which ..
violates the provisions of this section shall incur a penalty
not exceeding one hundred dollars and not less than twenty
dollars, which shall be recoverable with costs, under the
“Act respecting summary proceedings before Justices of the
Peace,” by the person whose despatch has been postponed
out of its order. . C. S. C., c. 67, s. 14.
6. Every message in relation to the administration of Preferential
justice, the arrest of criminals, the discovery or prevention “”
of crime, and Government messages or despatches, shall


324% 1749
Chap. 132, Electric Telegraph Companies. 49 WICT.
Government
may assume
the line and
Works tem-
porarily.
Penalty for
non-compli-
3,11C0.
Her Majesty
may assume
the property
of the line.
Mpde of set-
tling the com-
pensation in
Case of differ-
ence of
Opinion.
Word ‘‘ tele-
graph '' does
not include
“telephones.”
always be transmitted in preference to any other message or
despatch, if so required by any person connected with the
administration of justice, or any person thereunto author-
ized by the Secretary of State of Canada. C. S. C., c. 67,
S. 15.
7. Her Majesty may, at any time, assume, and for any
length of time retain, possession of any such telegraph line
and of all things necessary to the sufficient working thereof,
and may, for the same time, require the exclusive service of the
operators and other persons employed in working such line;
and the company shall give up possession thereof, and the
operators and other persons so employed shall, during the
time of such possession, diligently and faithfully obey such
orders, and transmit and receive such despatches as they
are required to receive and transmit by any duly authorized
officer of the Government of Canada; and every company,
operator or other person violating any of the provisions of this
section shall incur a penalty not exceeding one hundred dol-
lars for every refusal or neglect to comply with the require-
ments thereof, which shall be recoverable by the Crown for
the public uses of Canada, with costs, in any way in which
debts of like amount are recoverable by the Crown. C. S. C.,
c. 67, s. 17.
S. Her Majesty may, at any time after the commencement
of the operation of a telegraph line under this Act, and after
two months' notice to the company, assume the possession
and property thereof, and upon such assumption, such line
and all the property, real or personal, essential to the work-
ing thereof, and all the rights and privileges of the com-
pany, as regards such line, shall be vested in the Crown.
C. S. C., c. 67, s. 18.
9. If any difference arises between the company and
those who act for the Crown, as to the compensation which
ought to be paid to the company, for any telegraph line
and appurtenances taken possession of or temporarily and ex-
clusively used by the Crown under this Act, such difference
shall be referred to three arbitrators, one to be appointed on the
part of the Crown, another by the company, and the third
by the two arbitrators so appointed; and the award of any
two of the said arbitrators shall be final; and if the com-
pany refuses or neglects to appoint an arbitrator on its
behalf, or if the two arbitrators cannot agree upon a third
arbitrator, then such arbitrator or third arbitrator shall be
appointed by any two judges of the Supreme Court of
Canada, on application on the part of the Crown. C. S. C.,
c. 67, s. 19. -
10. The word “telegraph" and its derivatives in this
Act or in any other Act of the I’arliament of Canada, or in
any Act of the Legislature of any Province now forming part
1750 -
1886. -- Electric Telegraph Companies. Chap. 131.
of Canada passed before such Province entered the Union,
on any subject which by “The British North America Act,
1867,” was placed within the legislative powers of the Par-
liament of Canada, shall not be held or construed to in-
clude the word “telephone” and its derivatives. 45 W.,
c. 40, s. 1. -
OTTAWA : Printed by BRowN CHAMBERLIN, Ilaw Printer to the Queen's Most
t Excellent Majesty.
1751
CHAPTER 133.
An Act respecting Marine Electric Telegraphs. A. D. 1886.
ER. Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts
as follows:–
1. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “the company” means any company .
or association of persons in the next following section men- "“”
tioned ; - -
(b.) The expression “the Minister,” means the Minister of “Minister.”
Marine and Fisheries. 38 W., c. 26, s. 2.
2. This Act applies—
(a.) To every company hereafter authorized by any special Application
or general Act of the Parliament of Canada, or under the *
provisions of this Act, to construct or maintain telegraphic
wires or cables, in, upon, under or across any gulf, bay or
branch of any sea or any tidal water within the jurisdiction
of Canada, or the shore or bed thereof respectively, so as to
connect any Province with any other Province of Canada,
or to extend beyond the limits of any Province ;
(b.) To every company authorized to construct or maintain And to cer-
such telegraphic wires or cables before the eighth day of * *
April, one thousand eight hundred and seventy-five, by any
such special or general Act of the Parliament of Canada, or
by any other special Act or charter of any of the Provinces
constituting the Dominion, and at the said date in force in
Canada. 38 W., c. 26, s. 1.
3. The company shall not place any telegraphic wire, Limitation of
cable or work connected there with, in, under, upon, over, 3.
along or across any gulf, bay or branch of the sea, or any y.
tidal water, or the shore or bed thereof respectively, except
with the consent of all persons having any right of pro-
perty or other right, or any power, jurisdiction or authority
in, over or relating to the same, which may be affected or
be liable to be affected by the exercise of the powers of the
company. 38 W., c. 26, s. 3.
4. Before commencing the construction of any such tele-º".
y • ?
graph or work as last aforesaid, or of any buoy or sea-mark to be ājīt-

1753
Chap. 133. Marine Electric Telegraphs. 49 WICT.
ed in the de-
artment of
Harine for
approval.
Work to be
constructed
accordingly,
. Use of lights
and signals.
Abandoned
or decayed
work may be
removed by
Minister.
Recovery by
Minister
from COm-
pany, of ex-
penses, &c.
Extent of
Crown lands
to be taken,
limited.
Provincial
lands may be
acquired.
connected therewith—except in cases of emergency, for re-
pairs to any work previously constructed or laid, and then
as speedily after the commencement of such work as may
be—the company shall deposit, at the Department of Marine,
a plan thereof, for the approval of the Minister of Marine and
Fisheries: -
2. The work shall not be constructed otherwise than in
accordance with such approval; and if any work is con-
structed contrary to this provision, the Minister may, at the
expense of the company, abate and remove it, or any part of
it, and restore the site thereof to its former condition. 38 W.,
c. 26, S. 4. *
5. The company may, in or about the construction, main-
tenance or repairs of any such work, use on board ship or
elsewhere any light or signal allowed by any regulation
made in that behalf by the Minister. 38 W., c. 26, s. 5.
6. If any such work, buoy or sea-mark is abandoned or
allowed to fall into decay, the Minister may, if and as he
thinks fit, at the expense of the company, abate and remove
it, and restore the site thereof to its former condition ; and
the Minister may, at any time, at the expense of the com-
pany, cause to be made a survey and examination of any such
work, buoy or sea-mark, or of the site thereof. , 38 W., c. 26,
s. 6. -
7. Whenever the Minister, under the authority of this Act,
does, in relation to any such work, any act or thing which he
is, by this Act, authorized to do at the expense of the com-
pany, the amount of such expense shall be a debt due by the
company to the Crown, and shall be recoverable as such, with:
costs, or the same shall be recoverable, with costs, in the
same manner that a penalty is recoverable from the company.
38 W., c. 26, s. 7.
8. The company may, with the consent of the Governor
in Council, take and appropriate for the use of the company,
for its stations, offices and works, but shall not alienate, so
much of the land held by the Crown for the purposes of
Canada, and the shore or bed adjacent to or covered by any
gulf, bay or branch of the sea, or by any tidal water, as is
necessary for constructing, completing and using the tele-
graph and works of the company. 38 W., c. 26, s. 8.
9. The company may also acquire from any Province of
Canada any land or other property necessary for the con-
struction, maintenance, accommodation and use of the tele-
graph and works of the company, and may also alienate,
sell and dispose of the same when no longer required for
the purposes of the company. 38 W., c. 26, s. 9.
1754
1886. Marine Electric Telegraphs. Chap. 133. 3.
10. The company may also acquire any land necessary Company,
for the construction, maintenance and use of the telegraphic ...”.”
cable and works of the company, adjacent to or near the and a certain
shore end or place of landing of the telegraph; and if the ...",
Company, and the person from whom the land is to be ac- compulsory
quired fail to agree as to the possession or price of such land, ...",".
the company may enter upon and take such land, not exceed- y Act.
ing five acres in extent, under the powers, authorities and
provisions of “The Railway Act,”—the sections of which, in
respect to compulsory powers for the acquisition of lands,
shall apply to every company to which this Act applies; and
the powers and authorities contained in the said sections of
“The Railway Act” shall be vested in and may be exercised
º such company for the purpose aforesaid. 38 W.,
c. 26, s. 10. -
11. The company shall not exercise any of the powers by Works not to
this Act conferred until it has submitted to the Governor in ...”
Council a plan and survey of the proposed site and location pians, &c., are
of such telegraph, and its approaches at the shore, and of *"...a
its stations, offices and accommodations on land, and of all by gº.
the intended works thereunto appertaining, and until such in 99".
plan, site and location have been approved by the Governor
in Council, and until such conditions as he thinks fit for
the public good to impose, touching the said telegraph and
works, have been complied with. 38 W., c. 26, s. 11.
12- No company other than those companies which are What com-
mentioned in the second section of this Act, or which are ...".
incorporated in Canada under the following provisions of their wires or
this Act, shall maintain, construct or use any telegraphic wire . º
or cable connecting two or more Provinces of Canada, or ex- one Province.
tending beyond the limits of any Province, in, upon, under
or across any gulf, bay or branch of any sea or any tidal water
within the jurisdiction of Canada, or the shore or bed thereof
respectively; but nothing in this section contained shall Proviso; as to
prevent any existing telegraph company from continuing to * COIIl-
receive and transmit messages over its line of marine tele-
graph, until such time as another company, under the author-
ity and within the provisions of this Act, constructs and is
operating a line or lines of marine telegraph, which has been
determined by the Governor in Council to afford reasonable
facilities for the transmission of marine telegraphic mes-
sages, in lieu of the line or lines of such existing telegraph
company, or to be a line or lines for doing business over a
route of a competitive nature, and until the Order in Council
declaring such determination has been published for three
months in the Canada Gazette. 38 W., c. 26, s. 14.
13. The company shall transmit all messages in the order Transmission
* : 2. * * of messages
in which they are received, and at equal and corresponding ...ir
1755 rates.
&
- - 4 * - Chap. 138. Marine Electric Telegraphs. . 49 WICT.
tariff rates; and every company violating any of the pro-
visions of this section shall incur a penalty not exceeding
two hundred dollars, and not less than fifty dollars, which
penalty shall be recoverable, with costs, by the person ag-
grieved, under the “Act respecting summary proceedings before
Justices of the Peace.” 38 W., c. 26, s. 12, part.
Payment for 14. The company may charge for the transmission of mes-
** sages, and may demand and collect in advance such rates of
payment therefor as are fixed by by-law of the company as
its tariff rates. 38 W., c. 26, s. 12, part.
JArrange- 15. Notwithstanding anything contained in the two sec-
... tions next preceding, arrangements may be made by any
such company with the proprietors or publishers of news-
papers for the transmission, for the purpose of publication,
of intelligence of general and public interest, out of its
regular order and at less rates of charge than its regular
tariff rates. 38 W., c. 26, s. 12, part.
£referential 16. Every message in relation to the administration of
* justice, the arrest of criminals, the discovery or prevention
of Crime, and Government messages or despatches, shall
always be transmitted in preference to any other message or
despatch, if required by any person officially charged with
the administration of justice, or any person thereunto author-
ized by the Secretary of State of Canada, or by the Secretary
of State for the Colonies on behalf of the Government of the
|United Kingdom. 38 W., c. 26, s. 13.
Companies 17. If any company is now or hereafter authorized by any
incorporated & - D.-->l ..[* iº 2- . *
i. i.e. special Act of the Parliament of the United Kingdom, or
Earliament, is incorporated under the Statutes of the Parliament of the
&c., may re- * > 2- - * e e - gº -
jºe.rº United Kingdom relating to joint stock companies, or any
from Gover- other general Act of the Parliament of the United Kingdom or
Y1OI l Il * e e & & ſº e
Council. by Royal charter, for establishing or maintaining telegraphic
communication, in, upon, under or across any gulf, bay or
branch of any sea or tidal water within the jurisdiction of
Canada, the Governor in Council may, by letters patent
under the Great Seal of Canada, and upon the terms and
conditions contained therein, grant a charter to the persons
forming such company, upon the company petitioning there-
for ; and such persons and others who become shareholders
in the company, shall be constituted a body corporate and
politic, by the same name, and with the same power and
constitution in Canada, for the said purpose and object of
establishing and maintaining their said telegraph and works
Charter to be within the jurisdiction of Canada; but any such grant shall
.*** be expressly subject to this Act, and conditional upon the
company observing and performing the several provisions
hereof: -
1756
1886. Marine Electric Telegraphs. Chap. 133. 5
2. Such letters patent, when published in the Canada ..."
Gazette with any Orders in Council relating thereto, shall “”
have the like force and effect, as if the company had been
incorporated by special Act of Parliament : -
3. No such letters patent or grant of corporate powers to Reciprocity in
be exercised within the jurisdiction of Canada shall be made *:::::::: r.
to or conferred upon any company which possesses any exclu- pºin
sive privilege of landing wire or cable for a marine telegraph 9*.
in or upon the coast of any State, Province or country in
America, Europe or elsewhere, unless an equal or reciprocal
right or privilege of landing wire or cable, and establishing
a marine telegraph upon the same coast is conceded to any
and each of the companies in the second section of this Act
mentioned, or which are now or hereafter incorporated in
Canada under the provisions of this section :
4. Every grant of corporate and other powers made to or Charters,
Conferred upon any company under this section may be **,
revoked and declared forfeited by an Act of the Parliament be revoked
of Canada for non-user for three consecutive years, or if the ..."...in
company does not go into actual operation within three years other cases.
after the issue of the letters patent granting such powers,
—or if the company, at any time, possesses or acquires any
exclusive privilege of landing wire or cable for a marine tele-
graph in or upon the coast of any State, Province or country
in America, Europe or elsewhere, and an equal or reciprocal
right or privilege of landing wire or cable and establishing a
marine telegraph on the same coast is not conceded to any
and each of the companies mentioned in the second section
of this Act, or to which the provisions hereof apply. 38 W.,
c. 26, s. 15.
18. No company mentioned in the second section of this Companies
Act, or which becomes incorporated in Canada under the .#.
section next preceding, shall enter into any agreement for the hibited from
transmission or interchange of messages, or for participation ...
in profits, or for the union or consolidation of capital stock, ments, &c.
with any company which at any time possesses or acquires
any such exclusive privilege of landing wire or cable for a
marine telegraph, in Newfoundland or the Danish posses-
sions, unless an equal or reciprocal right is conceded, as in
the next preceding section mentioned; and every agreement
contrary to the provisions of this section shall be illegal and
void. 38 W., c. 26, s. 16.
19. This Act shall not affect any franchise, right or privi-Rights of a
lege which the New York, Newfoundland and London Tele- tº:-
graph Company or any other company, or person lawfully Aºts ºf P.E.
entitled thereto, actually acquired and exercised or operated **
in Prince Edward Island before and up to the first day of
July, eighteen hundred and seventy-three, under any Act
of the legislature of Prince Edward Island made and passed
1757
Chap. 133. Marine Electric Telegraphs. 49 WICT.
before the said first day of July, one thousand eight hun-
dred and seventy-three, and subject to the provisions thereof
respectively. 38 W., c. 26, s. 17.
OTTAWA : Printed by BRowN CHAMBERLIN, Ilaw Printer to the Queen's Most
Excellent Majesty.
1758
CEIAPTER 134.
An Act respecting secrecy by officers and persons A. D. 1886.
employed on Telegraph Lines.
+. |HER Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:–
1- Every person who is employed in connection with any Certain tele-
telegraph line under the control of the Government of Can- É.
ada, or which, under any contract or agreement with any ...,
person or corporation is partly under such control, as an oper- of secrecy.
ator or in any other capacity in which he has opportunities
of becoming acquainted with information connected with
matters of state or other information, shall, subject to the
provision herein contained, before entering upon the duties
of such employment, take and subscribe, before a justice of
the peace or before a person appointed by the Governor in
Council to take declarations under this Act, a declaration,
in the form set forth in the schedule to this Act; but the Exemption in
Minister of Public Works, or such officer or person as he * *
appoints for that purpose, may decide whether any such
employee shall or shall not be required to take or make and
subscribe the said declaration. 44 V., c. 26, ss. 1, part, 2 and 3.
2. All declarations taken under this Act shall be for- Registration
warded to the Department of Public Works, and shall there ºf ***
be kept on file; and a register thereof shall be kept in the “” “
said department. 44 W., c. 26, S. 4.
3. Every person who has made the declaration herein-Punishment
before mentioned, and who, either directly ong indirectly, 3. §.
divulges to any person, except when lawfully authorized or j in-
directed so to do, any information which he acquires by formation.
virtue of his employment, is guilty of an offence against this
Act, and shall, on summary conviction before a justice of
the peace, be liable to a penalty not exceeding one hundred
dollars and not less than fifty dollars, or to imprisonment
for a term not exceeding six months, or to both penalty and
imprisonment. 44 V., c. 26, s. 5.
4. Every telegraph operator or other person in the employ Punishment
of a telegraph company, who divulges the contents of any ãº.
telegram, except when lawfully authorized or directed so to iºniging

- 1759.
2 Chap. 134. Secrecy by Telegraph Officers. 49 VICT,
tº: * do, is guilty of an offence against this Act, and shall, on sum-
mary conviction before a justice of the peace, be liable to a
penalty not exceeding one hundred dollars and not less than
fifty dollars, or to imprisonment for a term not exceeding
six months, or to both penalty and imprisonment. 44 W.,
c. 26, s. 6. *
SCHEDULE.
“I, A. B., solemnly and sincerely promise and deglare that
“I will faithfully and honestly fulfil the duties which de-
“volve upon me. as operator (or in other capacity, as the case
“may be) upon (state the line of telegraph), and that I will not,
“either directly or indirectly, divulge to any person, except
“when lawfully authorized or directed so to do, any infor-
“mation which I acquire by virtue of my employment as
“such operator (or in other capacity, as the case may be.)
(Signature)
“A. B.”
“Declared before me, l
- “ &c., &c.”
44 W., c. 26, s. 1, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1760
CHAPTER 135.
An Act respecting the Supreme and Exchequer Courts.
ER. Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:– -
SHORT TITLE
1. This Act may be cited as “The Supreme and Eachequer
Courts Act.” 38 W., c. 11, s. 81.
INTERPRETATION.
2. In this Act, unless the context otherwise requires.—
(a.) The expression “the Supreme Court” or “the court”
means the Supreme Court of Canada ;
(b.) The expression “the Exchequer Court” means the
Exchequer Court of Canada; +
(c.) The expression “judge” includes the chief justice;
(d.) The expression “judgment,” when used with refer-
ence to the court appealed from, includes any judgment, rule,
order, decision, decree, decretal order or sentence thereof;
and, when used with reference to the Supreme Court, in-
cludes any judgment or order of that court ;
(e.) The expression “final judgment " means any judg-
ment, rule, order or decision, whereby the action, suit, cause,
matter or other judicial proceeding, is finally determined
and concluded ; -
(f) The expression “appeal" includes any proceeding to
set aside or vary any judgment of the court appealed from ;
(g.) The expression “the court appealed from " means the
court from which the appeal is brought directly to the Su-
preme Court, whether such court is a court of original juris-
diction or a court of appeal. 38 W., c. 11, ss. 2, 5 and 11;-
42 W., c. 39, s. 9.
THE COURTS.
3. The court of common law and equity in and for Can-
ada, now existing under the name of “the Supreme Court
of Canada,” and the Court of Exchequer, Ilow existing under
the name of “the Exchequer Court of Canada,” are hereby
continued under the names aforesaid and shall continue to
be courts of record. 38 W., c. 11, ss. 1 and 2.
A. D. 1886,
Short title.
Interpreta-
tion.
“Supreme
* { Court.”
“Exchequer
{{ Court.”
“Judge.”
“Judgment.”
“Final judg-
“ment.”
“Appeal.”
** The court
{ {
fººd
Courts con-
tinued.


1761
2
Chap. 135 Supreme and Ea:chequer Courts. 49 Vict.
TEI E JUDGES.
Sºtion 4. The Supreme Court shall consist of a chief justice and
of court. wº 2 * - - ſº Q
five puisné judges, who shall be appointed by the Governor
in Council by letters patent under the Great Seal:
Yºº 2. Any person may be appointed a judge of the court who
#. is or has been a judge of a superior court of any of the Pro-
vinces of Canada, or a barrister or advocate of at least ten
ears' standing at the bar of any of the said Provinces:
y Y 5 * y - gº
t º, º 3. Two at least of the judges of the courtshall be appointed
**** from among the judges of the Court of Queen's Bench, or of
the Superior Court, or the barristers or advocates of the Pro-
vince of Quebec:
Nº other office 4. No judge of the court shall hold any other office of
of profit to be
held. emolument, either under the Government of Canada or under
the Government of any Province of Canada:
Residence. 5. The judges of the court shall reside at the city of Otta-
wa, or within five miles thereof. 88 W., c. 11, s. 3, part, and
ss. 4 and 10. . . . -
* of 5. The judges of the court shall hold office during good
once. behavior, but shall be removable by the Governor General
on address of the Senate and House of Commons. 38 W.,
c. 11, s. 5. .
º judges 6. The chief justice and judges of the Supreme Court
gº shall be respectively the chief justice and judges of the
e Exchequer Court. 38 W., c. 11, s. 4, part.
Salaries and 7. There shall be paid and payable out of the Consoli-
* * dated Revenue Fund of Canada, the yearly sums following,
as and for the salaries of the said judges, as judges of both
courts, that is to say : to the chief justice, the sum of eight
thousand dollars, and to each of the puisné judges the sum
of seven thousand dollars, which sums shall be paid, free and
clear of all deductions whatsoever, by monthly instalments;
the first payment shall be made pro rată on the first day of
the month which occurs next after the appointment of the
judge entitled to receive the same ; and if any judge resigns
his office or dies, he or his executor or administrator shall be
entitled to receive such proportionate part of the salary afore-
said, as has accrued during the time that he has executed
such office since the last payment. 38 W., c. 11, s. 6.
Tetiring 8.- If any judge has continued in the office of judge of
allowances & º e * : tº
jºy the said courts for fifteen years or upwards, or in the said
able. office, and that of judge of one or more of the superior courts
or of the courts of vice-admiralty in any of the Provinces
of Canada, for periods amounting together to fifteen years or
upwards, or becomes afflicted with a permanent infirmity, .
disabling him from the due execution of his office, and if such
1762
1886. Supreme and Exchequer Courts. Chap. 135. 3.
judge resigns his office, Her Majesty may, by letters patent
under the Great Seal of Canada, reciting such period of office
or such permanent infirmity, grant unto such judge an
annuity equal to two-thirds of his salary as such judge at the
time of his resignation, to commence immediately after his
resignation and to continue thenceforth during his natural
life, and to be payable by monthly instalments, and pro ratſ,
for any period less than a year during such continuance, out
of any unappropriated moneys forming part of the Consoli-
dated Revenue Fund of Canada. 38 W., c. 11, s. 7.
9. Every judge shall, previously to entering upon the Oath to be
duties of his office as such judge, take an oath in the form *
following:–
“I. , do solemnly and sincerely promise and Form of oath.
“swear that I will duly and faithfully, and to the best of
“my skill and knowledge execute the powers and trusts
“reposed in me as chief justice (or as one of the judges) of
“ the Supreme Court and of the Exchequer Court of Canada.
“So help me God.” 38 W., c. 11, ss. 8 and 60.
10. Such oaths shall be administered to the chief justice How adminis-
before the Governor General, or person administering the tered.
Government of Canada, in Council, and to the puisné judges
by the chief justice, or in his absence or illness, by any other
judge of the court present at Ottawa. 38 W., c. 11, S. 9;-
42 W., c. 39, s. 12.
REGISTRAR AND OTHER OFFICERS.
11. The Governor in Council may, by an instrument under Appointment
the Great Seal, appoint a fit and proper person, being a “*
barrister of at least five years' standing, to be the registrar of
the Supreme Court, and such registrar shall hold office during
pleasure, shall reside and keep an office at the city of Ottawa,
and shall be paid a salary of two thousand six hundred
dollars per annum ; and the Governor in Council may, from Clerks and
time to time, appoint such other clerks and servants of the *
Supreme Court, and of the Exchequer Court, as are neces-
sary, all of whom shall hold office during pleasure. 38 W.,
c. 11, s 69.
12. The registrar of the Supreme Court shall be the re- º
gistrar of the Exchequer Court. 38 W., c. 11, s. 70. º
13. The Governor in Council may appoint a précis writer Précis writer.
to report the decisions of the Supreme Court and of the
Exchequer Court, and such précis writer shall act as secretary
to the chief justice and judges, and shall be paid such salary
as the Governor in Council determines. 38 W., c. 11, s. 71.
14. The provisions of “The Civil Service Act” and of “The Civil Service
Civil Service Superannuation Act" shall, so far as applicable, º *
extend and apply to such officers, clerks and servants at the to apply.
seat of Government. 39 W., c. 26, s. 38. -
33% - 1763
4
Supreme and Ea:chequer Courts. 49 WICT.
Chap. 135. sºr
Sheriff.
Who may
ractise as
barristers.
And as solici-
torS.
Practitioners
to be officers
of the courts.
Quorum of
judges,
Judgment
may be given
by a majority
of the judges
who have
heard the
CàSe.
15. The sheriff of the county of Carleton, in the Province
of Ontario, shall be ea officio an officer of the Supreme Court
and of the Exchequer Court, and shall perform the duties
and functions of a sheriff in connection there with. 40 W.,
c. 22, s. 3.
BARRISTERS AND ATTORNEYS.
16. All persons who are barristers or advocates in any of
the Provinces, may practise as barristers, advocates and coun-
sel in the Supreme Court and the Exchequer Court. 38 W.,
c. 11, s. 76.
17. All persons who are attorneys or solicitors of the
superior courts in any of the Provinces, may practise as
attorneys, solicitors and proctors in the Supreme Court and
Exchequer Court. 38 W., c. 11, s. 77.
18. All persons who may practise as barristers, advocates,
counsel, attorneys, solicitors or proctors in the Supreme Court
or Exchequer Court, shall be officers of such courts respec-
tively. 38 W., c. 11, s. 78.
THE SUPREME COURT.
SESSIONS AND QUORUM.
19. Any five of the judges of the Supreme Court shali
constitute a quorum and may lawfully hold the court : Pro-
vided always, that it shall not be necessary for all the judges
who have heard the argument in any case to be present in
order to constitute the court for delivery of judgment in such
case, but in the absence of any judge, from illness or any
other cause, judgment may be delivered by a majority of the
judges who were present at the hearing; and any judge who
has heard the case and is absent at the delivery of judgment,
may hand his opinion in writing to any judge present at the
delivery of judgment, to be read or announced in open court
Three sessions
of appeal
yearly.
Power to
adjourn.
and then to be left with the registrar or reporter of the court.
38 W., c. 11, ss. 3 and 12 ;—42 W., c. 39, s. 18.
29. The Supreme Court, for the purpose of hearing and
determining appeals, shall hold in each year, at the city of
Ottawa, three sessions; the first beginning on the third Tues-
day of February, the second, on the first Tuesday in May,
and the third, on the fourth Tuesday in October, in each
year ; and each of the said sessions shall, be continued until
the business before the court is disposed of 42 W., c. 39,
s. 16
21. The Supreme Court may adjourn any session from
time to time, and meet again at the time appointed for the
transaction of business; and notice of such adjournlment and
f
1764
1886. Supreme and Exchequer Courts. Chap. 135. 5
of the day fixed for the continuance of such session shall be
given by the registrar in the Canada Gazette. 38 W., c. 11,
s. 14, part. s
22. The court may be convened at any time by the chief Court may be
º is tº .ſ.” I. º. ...” • convened at
justice, or in the event of his absence or illness, by the senior ...'.
puisné judge, in such manner as is prescribed by the rules
of court. 38 W., c. 11, s. 14, part.
JURISDICTION.—AIPPEALS.
23. The Supreme Court shall have, hold and exercise an Jurisdiction -
appellate, civil and criminal jurisdiction within and through- . * *
out Canada. 38 W., c. 11, s. 15. i
24. An appeal shall lie to the Supreme Court, — Appeal.
(a) From all final judgments of the highest court of final From final
resort now or hereafter established in any Province of Canada, "*
whether such court is a court of appeal or of original juris-
diction, in cases in which the court of original jurisdiction
is a superior court ;
(b.) From the judgment upon a special case unless the Upon a
parties agree to the contrary, and the Supreme Court shall ” *
draw any inference of fact from the facts stated in the special
case which the court appealed from should have drawn;
(c.) From the judgment upon any motion to enter a verdict Pºint; re-
or non-suit upon a point reserved at the trial ; served.
(d.) From the judgment upon any motion for a new trial Motiºn fºr
upon the ground that the judge has not ruled according to ""
law ;
(e) From any judgment, decree, decretal order, or order Degrees in
in any action, suit, cause, matter or other judicial proceeding * *
originally instituted in any superior court of equity in any
Province of Canada other than the Province of Quebec, and
from any judgment, decree, decretal order, or order in any
action, suit, cause, matter or judicial proceeding, in the
nature of a suit or proceeding in equity, Originally instituted
in any superior court in any Province of Canada other than
the Province of Quebec ;
(f) From the judgment, rule, order or decision upon Motion to set
any motion to set aside an award, or upon any motion by ****
way of appeal from an award made in any superior court
in any of the Provinces of Canada other than the Province
of Quebec ; * *
(g.) From the judgment in any case of proceedings for or Habeas 20ſ-
upon a writ of habeas corpus, not arising out of a criminal ..."
charge, and in any case of proceedings for or upon a writ of municipal by-
mandamus—and in any casein which a by-law of a municipal”
corporation has been quashed by rule or order of court, or
the rule or order to quash it has been refused after argu-
ment. 38 W., c. 11, s. 11, part, s. 17, part, and ss. 18, 19, 20
and 23;-42 W., c. 39, Ss. 1, 4 and 13. -
33.3% 1765
6 Jhap. 135. Supreme and Earchequer Courts. 49 WICT,
. juris- 25. The court shall also have jurisdiction,--
10Il.
Criminal (a.) In appeals in criminal cases as hereinafter provided :
}. (b.) In appeals from the Exéhequer Court as hereinafter
É.” provided, and as provided in the “Act respecting the Official
* Arbitrators ;”
Maritime
(c.) In appeals from the Maritime Court of Ontario as pro-
* 9" vided in “The Maritime Court Act;”
Election (d.) In appeals from the court or judge as provided in
C3,SCS. “The Dominion Elections Act ;” and— \
Insolvency. (e.) In appeals from the court or judge as provided in
“The Winding-up Act.”
5
Appeal to be 26. Except as otherwise provided in this Act or in the
i. * Act providing for the appeal, no appeal shall lie to the
Supreme Court but from the highest court of last resort
having jurisdiction in the Province in which the action,
suit, cause, matter or other judicial proceeding was origin-
ally instituted, whether the judgment or decision in such
action, suit, cause, matter or other judicial proceeding was
or was not a proper subject of appeal to such highest court
of last resort : -
Appeal by 2. Provided, that an appeal shall lie directly to the Su-
consent. preme Court from the judgment of the court of original
jurisdiction, by consent of parties :
Appeal by 3. Provided also, that an appeal shall lie to the Supreme
º Court by leave of such court, or a judge thereof, from any
judgment, decree, decretal order, or order made or pronounced
by a superior court of equity, or made or pronounced by any
judge in equity, or by any superior court in any action,
cause, matter or other judicial proceeding in the nature of
a suit or proceeding in equity, and from the final judgment
of any superior court of any Province other than the Pro-
vince of Quebec, in any action, suit, cause, matter or other
judicial proceeding originally commenced in such superior
court, without any intermediate appeal being had to any
intermediate court of appeal in the Province. 38 W., c. 11,
s. 11, part, and s. 27 ;–42 W., c. 39, ss. 5, 6 and 7.
No appeal 27. No appeal shall lie from any order made in any
#. º, action, suit, cause, matter or other judicial proceeding made
cise of judi in the exercise of the judicial discretion of the court or
:* judge making the same; but this exception shall not in-
Exception. clude decrees and decretal orders in actions, suits, causes,
matters or other judicial proceedings in equity, or in actions
or suits, causes, matters or other judicial proceedings in the
nature of suits or proceedings in equity instituted in any
superior court. 42 W., c. 39, s. 2.
ãº. from 28. Except as provided in this Act or in the Act providing
º: §ses for the appeal, an appeal shall lie only from final judgments in
specified, actions, suits, causes, matters and other judicial proceedings
originally instituted in the Superior Court of the Province
1766
1886. Supreme and Earchequer Courts. Chap. 135. 7
of Quebec, or originally instituted in a superior court in
any of the Provinces of Canada other than the Province
of Quebec. 42 W., c. 39, s. 3. •
** No appeal shall lie under this Act from any judg- In what cases
ment rendered in the Province of Quebec in any action, ºn
© © * - º e je in Quebec.
suit, cause, matter or other judicial proceeding, wherein the
matter in controversy does not amount to the sum or value
of two thousand dollars, unless such matter, ifless than that
amount,<- .
(a) Involves the question of the validity of an Act of the Validity of
Parliament of Canada, or of the Legislature of any of the ... *
Provinces of Canada, or of an Ordinance or Act of any of the º
councils or legislative bodies of any of the Territories or
Districts of Canada; or— *
(b.) Relates to any fee of office, duty, rent, revenue or any Fees to the
sum of money payable to Her Majesty, or to any title to .
lands or tenements, annual rents or such like matters or ...”
things where the rights in future might be bound :
2. Provided that such appeals shall lie only from the To be only .
Court of Queen's Bench. 38 W., c. 11, s. 17, part —42 W., º court of
c. 39, s. 8. - -
39. Nothing in the three sections next preceding shall in Certain mat-
any way affect appeals in Exchequer cases, cases of rules for “” “P”
new trials and cases of mandamus, habeas corpus and mun-
icipal by-laws. 42 W., c. 39, s. 11.
3A. No appeal shall be allowed in any case of proceed- Extradition.
ings for or upon a writ of habeas corpus arising out of any -
claim for extradition made under any treaty. 39 V., c. 26,
S. 31, part.
HABEAS CORPUS.
32. Every judge of the court shall have concurrent juris- .
diction with the courts or judges of the several Provinces, hº
to issue the writ of habeas corpus ad subjiciendum, for the tº Imat-
purpose, of an inquiry into the cause of commitment, in any ”
criminal case under any Act of the Parliament of Canada,
but such judge shall not have such jurisdiction in habeas
corpus matters arising out of any claim for extradition made
under any treaty:
2. If the judge refuses the writ or remands the prisoner, ºw"
an appeal shall lie to the court. 38 W., c. 11, s. 51;—39 W., *
c. 26, s. 31, part. -
33. In any habeas corpus matter before a judge of the º
Supreme Court, or on any appeal to the Supreme Court in ..."”
any habeas corpus matter, the court or judge shall have the
same power to bail, discharge or commit the prisoner or
person, or to direct him to be detained in custody or other-
1767
Chap. 135. Supreme and Earchequer Courts. 49 WICT.
Prisoner need
not be present
in COUllºt.
When such
appeals shall
be heard.
Writ of certº-
orarz.
Governor may
refer matter
for opinion.
Report upon
private bill or
petition.
Proceedings
in appeal.
wise to deal with him as any court, judge or justice of the
peace having jurisdiction in any such matters in any Pro-
Vince of Canada. 39 W., c. 26, s. 29.
$4. On any appeal to the Supreme Court in any habeas
corpus matter, it shall not be necessary, unless the court
otherwise orders, for any prisoner or person on whose behalf
such appeal is made, to be present in court; but the prisoner
or person shall remain in the charge or custody to which he
was committed or had been remanded, or in which he was
at the time of giving the notice of appeal, unless at liberty
on bail, by order of a judge of the court which refused the
application or of a judge of the Supreme Court ; but the
Supreme Court may, by writ or order, direct that such
prisoner or person shall be brought before it. 39 W., c. 26,
S. 30.
35. An appeal to the Supreme Court in any habeas corpus
matter shall be heard at an early day, whether in or out
of the prescribed sessions of the court. 39 W., c. 26, s. 28.
CERTIOR.A.R.I.S.
36. A writ of certiorari may, by order of the court or a
judge thereof, issue out of the Supreme Court, to bring up
any papers or other proceedings had or taken before any
Court, judge or justice of the peace and which are considered
necessary with a view to any inquiry, appeal or other pro-
ceeding had or to be had before the court. 39 W., c. 26, s. 34.
SPECIAT, CASES REFER,RED TO THE COURT.
$7. The Governor in Council may refer to the Supreme
Court, for hearing or consideration, any matter which he
thinks fit to refer ; and the court shall thereupon hear or
consider the same and certify their opinion thereon to the
Governor in Council : Provided, that any judge or judges of
the court who differ from the opinion of the majority may,
in like manner, certify his or their opinion or opinions to
the Governor in Council. 38 W., c. 11, s. 52.
38. The Supreme Court, or any two of the judges thereof.
shall examine and report upon any private bill or petition
for a private bill presented to the Senate or House of Com-
mons and referred to the court under any rules or orders made
by the Senate or House of Commons. 38 W., c. 11, s. 53.
PROCEDURE IN APPEAI.S.
Perfecting Appeal.
* 9. Proceedings in appeals shall, when not otherwise
provided for by this Act, or by the Act providing for the ap-
peal, or by the general rules and orders of the Supreme
1768
1886. Supreme and Exchequer Courts. Chap. 135. G
Court, be as nearly as possible in conformity with the pre-
sent practice of the Judicial Committee of Her Majesty's
Privy Council. 38 W., c. 11, s. 24.
40. Except as otherwise provided, every appeal shall be Wºpal
lorought within thirty days from the signing or entry or .g.
pronolliſing of the judgment appealed from. 38W.T.C.T.I.

S. 20, (17°W. *
41. No appeal upon a special case, or from the judgment Notice of ap-
upon a motion to enter a verdict or non-suit upon a point lºº
reserved at the trial, or from the judgment upon a motion
for a new trial, upon the ground that the judge has not
ruled according to law, shall be allowed, unless notice thereof
is given in writing to the opposite party, or his attorney
of record, within twenty days after the decision complained
of, or within such further time as the court appealed from,
or a judge thereof, allows. 38 W., c. 11, s. 21.
42. Provided always, that the court proposed to be ap-Allowance of
pealed from, or any judge thereof, may, under special cir- . *ses
cumstances, allow an appeal, notwithstanding that the same on terms.
is not brought within the time hereinbefore prescribed in
that behalf; but in such case, the court or judge shall impose
such terms as to security or otherwise as seems proper under
the circumstances; but the provisions of this section shall
not apply to any appeal in the case of an election petition.
38 W., c. 11, s. 26.
43. No writ shall be required or issued for bringing any Proceedings
e ** -º- ºr- e - g requisite to
appeal in any case to or into the Supreme Court, but it shall i.e.
be sufficient that the party desiring so to appeal shall, within into Supreme
the time herein limited in the case, have given the security ".
required and obtained the allowance of the appeal:
2. Whenever error in law is alleged, the proceedings in When error
the Supreme Court shall be in the form of an appeal. 38 W., ***
c. 11, ss. 16 and 28.
44. The appeal shall be upon a case to be stated by the Appeal tº be
parties or, in the event of difference, to be settled by the ...”
court appealed from, or a judge thereof; and the case shall
set forth the judgment objected to and so much of the plead-
ings, evidence, affidavits and documents as is necessary to
raise the question for the decision of the court. 38 W., c. 11,
s. 29. - --
! |
45. The clerk or other proper officer of the court appealed Transmission
from shall, upon payment to him of the proper fees and the ºãº
expenses of transmission, transmit the case forthwith after court ap-
such allowance to the registrar of the Supreme Court, and **
further proceedings shall thereupon be had according to the
practice of that court. 38 W., c. 11, s. 30. -
1769
10
Chap. 135. Supreme and Eacchequer Courts. 49 WICT.
Security to be
given.
Exceptions.
Execution-
stayed.
Exceptions.
If the judg-
ment orders
delivery of
documents or
personalty.
Or execution
of convey-
3,1] Ce.
If the court
appealed
Security and Staying Ea:ecution.
#6. No appeal shall be allowed until the appellant has.
given proper security, to the extent offive hundred dollars, to
the satisfaction of the court from whose judgment he is about
to appeal, or a judge thereof, or to the satisfaction of the
Supreme Court, or a judge thereof, that he will effectually
prosecute his appeal and pay such costs and damages as
may be awarded against him by the Supreme Court:
2. This section shall not apply to appeals in election cases.
in cases in the Exchequer Court, in criminal cases, or in pro-
ceedings for or upon a writ of habeas corpus. 38 W., c. 11,
s. 31 ;—42 W., c. 39, s. 14.
47. Upon the perfecting of such security, execution shall
be stayed in the original cause, except in the following
(a.) If the judgment appealed from directs an assignment
or delivery of documents or personal property, the execu-
tion of the judgment shall not be stayed, until the things
directed to be assigned or delivered have been brought into
court, or placed in the custody of such officer or receiver as
the court appoints, nor until security has been given to the
satisfaction of the court appealed from, or of a judge thereof.
in such sum as the court or judge directs, that the appellant
will obey the order or judgment of the Supreme Court;
(b.) If the judgment appealed from directs the execution
of a conveyance or any other instrument, the execution on
the judgment shall not be stayed, until the instrument has
been executed and deposited with the proper officer of the
court appealed from, to abide the order or judgment of the
Supreme Court; -
(c.) If the court appealed from is a court of appeal and
#.ne of such assignment or conveyance, document, instrument, pro-
appeal.
If the judg-
ment directs
sale, &c., of
realty.
perty or thing, as aforesaid, has been deposited in the custody
of the proper officer of the court in which the cause origin-
ated, the consent of the party desiring to appeal to the
Supreme Court, that it shall so remain to abide the judgment
of the Supreme Court, shall be binding on him and shall be
deemed a compliance with the foregoing requirements of
this section ;
(d.) If the judgment appealed from directs the sale or
delivery of possession of real property, chattels real or immov-
ables, the execution of the judgment shall not be stayed,
until security has been entered into to the satisfaction of
the court appealed from, or a judge thereof, and in such
amount as the said last mentioned court or judge directs,
that during the possession of the property by the appellant
he will not commit, or suffer to be committed, any waste on
the property,+and that if the judgment is affirmed, he will
pay the value of the use and occupation of the property from
the time the appeal is brought until delivery of possession.
1770
1886. Supreme and Evchequer Courts. Chap. 135. 11.
thereof—and also, if the judgment is for the sale of property
and the payment of a deficiency arising upon the sale, that
the appellant will pay the deficiency;
(e.) If the judgment appealed from directs the payment of If º: lºg.
money, either as a debt or for damages or costs, execution º
thereof shall not be stayed, until the appellant has given indney as a
security to the satisfaction of the court appealed from, or of * *
a judge thereof, that if the judgment or any part thereof is
affirmed, the appellant will pay the amount thereby directed
to be paid, or the part thereof as to which the judgment
is affirmed, if it is affirmed only as to part, and all damages
awarded against the appellant on such appeal:
2. Provided that in any case in which execution may be As tº instru-
e e º º : --- ment for
stayed on the giving of security under this section, such ...uch
security may be given by the same instrument whereby the security.
security prescribed in the next preceding section is given.
38 W., c. 11, s. 32. *
48. When the security has been perfected and allowed, º
any judge of the court appealed from may issue his fiat to . º
the sheriff, to whom any execution on the judgment has
issued, to stay the execution, and the execution shall be there-
by stayed, whether a levy has been made under it or not ;
and if the court appealed from is a court of appeal, and ſº
* - º - appealed from,
execution has been already stayed in the case, such stay of ºne of
execution shall continue without any new fiat, until the appeal.
decision of the appeal by the Supreme Court: Provided al- º is:
ways, that upon any judgment appealed from, on which any “"“”
execution is issued before the judge's fiat to stay the execu-
tion is obtained, no poundage shall be allowed against the
appellant, unless a judge of the court appealed from other-
wise orders. 38 W., c. 11, s. 33.
49. If, at the time of the receipt by the sheriff of the fiat, .
or of a copy thereof, the money has been made or received ..."
by him, but not paid over to the party who issued the execu- flat tº be
tion, the party appealing may demand back from the sheriff"
the amount made or received under the execution, or so much
thereof as is in his hands not paid over, and in default of
payment by the sheriff, upon such demand, the party appeal-
ing may recover the same from him in an action for money
had and received, or by means of an order or rule of the court
appealed from. 38 W., c. 11, s. 35.
50. If the judgment appealed from directs the delivery ºle
of perishable property, the court appealed from, or a judge "*"
thereof, may order the property to be sold and the proceeds
to be paid into court, to abide the judgment of the Supreme
Court. 38 W., c. 11, s. 36. ,
Discontinuance of Proceedings.
51. An appellant may discontinue his proceedings by Discontinu;
e - •. e * ing proceed-
giving to the respondent a notice entitled in the Supreme #"
1771 -
12 Chap. 135. Supreme and Eacchequer Courts. 49 WICT.
Court and in the cause, and signed by the appellant, his
attorney or solicitor, stating that he discontinues such pro-
ceedings; and thereupon the respondent shall be at Once
entitled to the costs of and occasioned by the proceedings
in appeal; and may, in the court of original jurisdiction,
either sign judgment for such costs or obtain an order from
such court, or a judge thereof, for their payment, and may
take all further proceedings in that court as if no appeal had
been brought. 38 W., c. 11, s. 39.
Consent to Reversal of Judgment.
Consent to 52. A respondent may consent to the reversal of the judg-
reversal. Aſ tº e e
ment appealed against, by giving to the appellant a notice
entitled in the Supreme Court and in the cause, and signed
by the respondent, his attorney or solicitor, stating that he
consents to the reversal of the judgment; and thereupon the
court, or any judge thereof, shall pronounce judgment of
reversal as of course. 38 W., c. 11, s. 40.
Dismissal for Delay.
º for 53. If an appellant unduly delays to prosecute his appeal,
§: “” or fails to bring the appeal on to be heard at the first session
of the Supreme Court, after the appeal is ripe for hearing,
the respondent may, on notice to the appellant, move the
Supreme Court, or a judge thereof in chambers, for the dis-
missal of the appeal; and such order shall thereupon be
made as the said court or judge deems just. 38 W., c. 11,
S. 41.
Death of Parties.
º,Asau, 54. In the event of the death of one of several appellants,
several appel- pending the appeal to the Supreme Court, a suggestion may
lants. be filed of his death, and the proceedings may, thereupon, be
continued at the suit of and against the surviving appel-
lant, as if he were the sole appellant ; but such suggestion,
if untrue, may be set aside on motion made to the Supreme
Court, or a judge thereof in chambers. 38 W., c. 11, S. 42.
9. $9.8 pp. 55. In the event of the death of a sole appellant, or of all
ant or of all . •
the appºi” the appellants, the legal representative of the sole appellant,
lants. or of the last surviving appellant, may, by leave of the court
or a judge, file a suggestion of the death, and that he is such
legal representative, and the proceedings may thereupon be
continued at the suit of and against such legal representa-
tive as the appellant; and if no such suggestion is made,
the respondent may proceed to an affirmance of the judg-
ment, according to the practice of the court, or take such
other proceedings as he is entitled to ; and such suggestion,
if untrue, may, on motion, be set aside by the court or a
judge thereof. 38 W., c. 11, s. 43.
1772
1886. Supreme aud. Eachequer Courts. Chap. 135. 13
56. In the event of the death of one of several respond- 9 ºn ºf sº-
& eral respond-
ents, a suggestion may be filed of such death, and the pro-ents.
ceedings may be continued against the surviving respond-
ent, but such suggestion, if untrue, may, on motion, be set
aside by the court or a judge thereof 38 W., c. 11, s. 44.
57. In the event of the death of a sole respondent, or of 9. ºf of
all the respondents, the appellant may proceed, upon giving º
one month's notice of the appeal and of his intention to con- Pondents.
tinue the same, to the representative of the deceased party,
or if no such notice can be given, then upon such notice to
the parties interested as a judge of the Supreme Court directs.
38 W., c. 11, s. 45. . %
Entry of Causes.
58. The appeals set down for hearing shall be entered by Entry, of
the registrar of the court, on a list, divided into three parts, iºde,
and to be numbered and headed as follows: “Number one, of hearing.
Maritime Provinces cases;” “Number two, Quebec cases;”
“Number three, Ontario cases:” and the registrar shall enter
all appeals from the Provinces of Nova Scotia, New Bruns-
wick and Prince Edward Island on part numbered one, and
all appeals from the Province of Quebec on part numbered
two, and all appeals from the Provinces of Ontario, Manitoba
and British Columbia on part numbered three, in the Order
in which they are respectively received; and such appeals
shall be heard and disposed of in the order in which they
are so entered, unless otherwise ordered by the court. 42 W.,
c. 39, s. 15.
Judgments.
59. The Supreme Court may quash proceedings in cases ºr
brought before it, in which an appeal does not lie, or when- ºf cases.
ever such proceedings are taken against good faith. 38 W.,
c. 11, s. 37.
60. The Supreme Court may dismiss an appeal, or give i.º. j
the judgment and award the process or other proceedings . .
which the court, whose decision is appealed against, should given.
have given or awarded. 38 W., c. 11, s. 38, part.
61. On any appeal, the court may, in its discretion, order New trial
a new trial if the ends of justice seem to requireit, although .
such new trial is deemed necessary upon the ground that
the verdict is against the weight of evidence. 43 W., c. 34,
S. 4. - -
Costs.
62. The Supreme Court may, in its discretion, order the Payment of
payment of the costs of the court appealed from, and also of COStS.
1773
14
Chap. 135. Supreme and Exchequer Courts. 49 VICT.
Necessary
amendments
may be made.
At whose
instance.
Conditions of
amendment.
Interest to be
allowed.
Judgment to
be carried out
by the court
below.
In what
criminal cases
an appeal
shall lie.
Proceedings
thereupon.
§
the appeal, or any part thereof, as well when the judgment
appealed from is varied or reversed as where it is affirmed.
38 W., c. 11, s. 38, part.
Amendments.
$8. At any time during the pendency of any appeal before
the Supreme Court, the court may, upon the application of
any of the parties, or without any such application, make ali
such amendments as are necessary for the purpose of deter-
mining the appeal, or the real question or controversy
between the parties, as disclosed by the pleadings, evidence
or proceedings. 43 W., c. 34, s. 1.
{54. Any such amendment may be made, whether the
necessity for the same is or is not occasioned by the defect,
error, act, default or neglect of the party applying to amend.
43 W., c. 34, s. 2.
$5. Every amendment shall be made upon such terms as
to payment of costs, postponing the hearing or otherwise, as
to the court seems just. 43 W., c. 34, s. 3.
Interest.
66. If on appeal against any judgment, the Supreme Court
affirms such judgment, interest shall be allowed by the
court for such time as execution has been delayed by the
appeal. 38 W., c. 11, s. 34.
Certificate of Judgment.
67. The judgment of the Supreme Court in appeal shali
be certified by the registrar of the court to the proper officer
of the court of original jurisdiction, who shall thereupon
make all proper and necessary entries thereof; and all subse-
quent proceedings may be taken thereupon as if the judg-
ment had been given or pronounced in the said last men-
tioned court. 38 W., c. 11, s. 46.
APPEALS IN CRIMINAT, CASFS.
$8. Any person convicted of any indictable offence before
any Court of Oyer and Terminer or Gaol Delivery or before
the Court of Queen’s Bench in the Province of Quebec, on its
Crown side, or before any other superior court having crim-
inal jurisdiction, whose conviction has been affirmed by any
court of last resort, or, in the Province of Quebec, by the
Court of Queen's Bench on its appeal side, may appeal to the
Supreme Court against the affirmance of such conviction ;
and the Supreme Court shall make such rule or order therein,
either in affirmance of the conviction or for granting a new
trial, or otherwise, or for granting or refusing such applica-
1774
I886. Supreme and Eachéquer Courts. Chap. 185. 15
tion, as the justice of the case requires, and shall make all
other necessary rules and orders for carrying such rule or
order into effect: Provided that no such appeal shall be No appeal in
allowed if the court affirming the conviction is unanimous, * *
mor unless notice of appeal in writing has been served on
the Attorney General for the proper Province, within fifteen
days after such affirmance. 38 W., c. 11, s. 49;-39W., c. 26,
69. Unless such appeal is brought on for hearing by the When the
- - ... -- ~~ * ** º e appeal must
appellant at the session of the Supreme Court during which "... to
such affirmance takes place, or the session next thereafter, hearing
if the said court is not then in session, the appeal shall be
held to have been abandoned, unless otherwise ordered by
the Supreme Court. 38 W., c. 11, s. 50.
APPEALS, FROM THE EXCHEQUER COURT.
70. Any party to a suit in the Exchequer Court who is º.º.
dissatisfied with the decision therein, and desirous of appeal- *: :
ing against the same, may, within thirty days from the day and ºf
on which such decision has been given, or within such “"“”
further time as a judge of such court allows, deposit with
the registrar of such court the sum of fifty dollars by way
of security for costs ; and thereupon the registrar shall set
the appeal down for hearing before the Supreme Court on
the first day of the next session ; and the party appealing
shall thereupon, within three days after the deposit, give
to the parties affected by the appeal, or their respective attor-
neys, by whom such parties were represented before the
judge of the Exchequer Court, notice in writing that the
case has been so set down to be heard in appeal as aforesaid;
and in such motice the said party so appealing may, if he so
desires, limit the subject of the appeal to any special defined
question or questions ; and the said appeal shall thereupon
be heard and determined by the Supreme Court. 38 W.,
c. 11, s. 68. -
JUDGMENT FINAL AND CONCLUSIVE.
71. The judgment of the Supreme Court shall, in all cases, ºnt to
be final and conclusive, and no appeal shall be brought from ""
any judgment or order of the Supreme Court to any court of
appeal established by the Parliament of Great Britain and
Ireland, by which appeals or petitions to Her Majesty in
Council may be ordered to be heard: saving any right which Saving H. M
Her Majesty may be graciously pleased to exercise by virtue *
of her royal prerogative. 38 W., c. 11, s.47.
SPECIAL JURISDICTION OF SUPREME AND EXCHEQUER COURTS.
72. When the Legislature of any Province of Canada has Powers ºve
* ºn in º ;-- ~~ -: , , ; º - * CXCT ClSCC
passed an Act agreeing º, º iding that the Supreme .ent
º, . . . 16
Chap. 135. Supreme and Exchequer Courts. 49 WICT.
of Provincial
Legislatures.
Proceedings
in cases first
and secondly
mentioned.
And in those
thirdly and
fourthly men-
tioned.
Decision to be
Sent to COurt
appealed
from.
To what
cases preced-
ing sections
apply.
Concurrent
jurisdiction of
the Exchequer
Court.
Court and the Exchequer Court, or the Supreme Court alone,
as the case may be, shall have jurisdiction in any of the fol-
lowing cases, that is to say :—
First. Of controversies between the Dominion of Canada.
and such Province ;
Second. Of controversies between such Province and any
other Province or Provinces which have passed a like Act ;
Third. Of suits, actions or proceedings in which the parties
thereto, by their pleadings, have raised the question of the
validity of an Act of the Parliament of Canada, when, in the
opinion of a judge of the court in which the same are pend-
ing, such question is material; , :
Fourth. Of suits, actions or proceedings in which the parties
thereto, by their pleadings, have raised the question of the
validity of an Act of the Legislature of such Province, when,
in the opinion of a judge of the court in which the same are
pending, such question is material:
This section and the two sections of this Act next follow-
ing shall be in force in the class or classes of cases in respect
of which such Act so agreeing and providing has been passed.
38 W., c. 11, s. 54. -
73. The proceedings in the cases firstly and secondly men-
tioned in the next preceding section shall be in the Exche-
quer Court, and an appeal shall lie in any such case to the
Supreme Court; and in the cases thirdly and fourthly men-
tioned in such section, the judge who has decided that such
question is material shall, at the request of the parties, and
may, without such request, if he thinks fit, order the case to
be removed to the Supreme Court for the decision of such
question, and it shall be removed accordingly; and after
the decision of the Supreme Court the said case shall be sent
back, with a copy of the judgment on the question raised,
to the court or judge whence it came, to be then and there
dealt with as to justice appertains. 38 W., c. 11, ss. 55 and
56 –39 W., c. 26, s. 17.
74. The two sections next preceding shall apply only to
cases of a civil nature, and shall take effect in the cases
therein provided for respectively, whatever is the value of
the matter in dispute, and there shall be no further appeal
to the Supreme Court on any point decided by it in any such
case, nor on any other point in such case, unless the value
of the matter in dispute exceeds five hundred dollars. 38 W.,
c. 11, s. 57. .
THE EXCHEQUER COURT.
JURISDICTION.
75. The Exchequer Court shall have and possess concur-
rent Original jurisdiction in Canada,
(a) In all cases in which it is sought to enforce any law
of Canada relating to the revenue, including actions, suits
1776 -
1886. Supreme and Exchequer Courts. Chap. 135. 17
and proceedings, by way of information, to enforce penal-
ties and proceedings by way of information in rem, and as
well in qui tam suits for penalties or forfeitures as where the
suit is on behalf of the Crown alone ; and—
(b.) In all cases in which demand is made or relief sought
in respect of any matter which might, in England, have been
the subject of a suit or action in the Court of Exchequer on
its plea side against any officer of the Crown :
2. The Exchequer Court shall have exclusive original jur- Exclusive.
isdiction in all cases in which demand is made or relief #."
sought in respect of any matter which might, in England,
have been the subject of a suit or action in the Court of
Exchequer on its revenue side against the Crown. 38 W.,
c. 11, s. 58 –39 W., c. 26, s. 18.
76. The Exchequer Court shall also have concurrent orig- ºr,
inal jurisdiction with the gourts of the several Provinces, in 5. is
all other suits of a civil nature at common law or equity, in interested.
which the Crown, in the interest of the Dominion of Canada,
is plaintiff or petitioner. 38 W., c. 11, s. 59.
77. The Exchequer Court shall have appellate jurisdic- In east ºf
tion in all cases of arbitration arising under “The Act respect-º º
ing the official arbitrators,” when the claim exceeds in value arbitrators.
the sum of five hundred dollars, according to the bond ſide
belief of any of the parties complaining of such arbitration,
as shown on affidavit. 42 W., c. 8, s. 2;-44 W., c. 25, S. 40,
part. *
SITTINGS OF THE COURT.
78. Subject to rules of court, the judges of the Exchequer Sittings at
Court, respectively, may sit and act at any time and at any . º º
& at any plac
place for the transaction of the business of the Exchequer
Court, or any part thereof; and the hearing and trial of any Judge to sit
case shall be by and before one judge of the court sitting *
alone, and such judge shall decide such case, and his decision
shall be the judgment of the court therein, and such judge
shall have the same power and authority as the court. 38 W.,
c. 11, s. 62.
PROCEDURE.
79. The procedure in suits and actions within the juris- Rules of prac-
diction of the Exchequer Court shall, unless it is otherwise tºº.
provided for by general rules made in pursuance of this Act, -
be regulated by the practice and procedure in similar suits
in Her Majesty's Court of Exchequer at Westminster. 38 W.,
c. 11, s. 61; –39 W., c. 26, s. 19.
80. Issues of fact, in cases before the Exchequer Court Issues of fact,
shall be tried according to the laws of the Province in which how tried.
the cause originated, including the laws of evidence. 38 W.,
c. 11, s. 63.
*
1777
18 Chap. 185. Supreme and Exchequer Courts. 49 Vict.
Wºº. S1. Issues of fact in cases arising under the seventy-fifth
łºś. section shall be tried by the judge without a jury. 38 W.,
c. 11, s. 64.
. s2. The Exchequer Court may, for the purposes of taking
i.” " " accounts and making inquiries, refer any cause, matter or
petition, over which it has jurisdiction, to the registrar or
any other officer of the court, or to any other referee. 39 W.,
c. 26, S. 20. -
Jurors.
Jurors in 88. A judge of the Exchequer Court may, for the trial of
:** issues of fact in any case arising under the seventy-sixth sec-
tion, order a writ of venire facias to be issued, directed to the
sheriff of any county or other judicial division, or if the
sheriff is disqualified, to any of the coroners of such county
or district, commanding him to summon a panel of jurors to
attend at the time and place in the said writ named, and the
sheriff or coroner shall execute and return the said writ as
directed thereby : r •
Number of 2. The number of such jurors to be summoned on any
º * panel shall never be less than double nor more than three
times the number of jurors required in civil cases to form a
jury for the trial of causes in the superior courts of the
Province where the issues are to be tried ; but within these
limits, the judge who orders the writ of venire facias to
issue, may exercise his discretion as to the number to be
summoned, 38 W., c. 11, s. 65 ;—39 W., c. 26, s 22. -
Qualification, 84. The qualifications, exemptions and mode of summon-
&c., of jurors ing jurors shall be according to the law applicable to the
superior courts of the Province where the issues are to be
tried. 39 V., c. 26, s. 21. --
Tales in de- 85. When, from challenges or other causes, a complete
fault offurors, jury for the trial of any cause cannot be obtained, the pre-
siding judge may direct the sheriff or other proper officer to
summon and return a tales according to the law applicable
to the superior courts of the Province where the issues are
to be tried. 39 W., c. 26, s. 23. - -
!
Eacecutions.
what writs of 86. In addition to any writs of execution which are pre-
execution..., scribed by general rules or orders, the Exchequer Court may
*** issue writs of execution against the person or the goods,
lands or other property of any party, of the same tenor and
effect as those which are issued out of any of the superior
courts of the Province in which any judgment or order is to
If judge's be executed; and when, by the law of the Province, an
sºlºis * order of a judge is required for the issue of any writ of exe-
J - cution, a judge of the Exchequer Court may make a similar
- 1778
1886. Supreme and Exchequer Courts. Chap. 135.
19
order, as regards like executions to issue out of the Exchequer
Court. 39 W., c. 26, s. 24.
87. No person shall be taken in custody under process
of execution for debt issued out of the Exchequer Court at
the suit of the crown, unless he might be taken in custody
under the laws of the Province in which he happens to be,
in a similar case between subject and subject; and any per-
son taken in custody under such process may be discharged
from imprisonment, upon the same grounds, as would entitle
him to be discharged under the laws in force relating to im-
prisonment for debt in the Province in which he is in
custody. 39 V., c. 26, s. 25.
88. All writs of execution against real or personal pro-
perty, as well those prescribed by general rules and orders as
those hereinbefore authorized shall, unless otherwise pro-.
vided by general rule or order, be executed as regards the
property liable to execution and the mode of seizure and sale,
as nearly as possible in the same manner as similar writs
issued out of the superior courts of the Province in which
the property to be seized is situated are, by the law of the
Province, required to be executed; and such writs shall bind
property in the same manner as such similar writs, and the
rights of purchasers thereunder shall be the same as those
of purchasers under similar writs. 39 W., c. 26, s. 26.
89. Every claim made by any person to property seized
under a writ of execution issued out of the Exchequer Court,
or to the proceeds of the sale of such property, shall, unless
otherwise provided by general rule or order, be heard and
disposed of, as nearly as may be, according to the procedure
applicable to like claims to property seized under similar
writs of execution issued out of the courts of the Province.
39 W., c. 26, s. 27. ->
Sheriff’s Fees.
90. Sheriffs and coroners shall receive and take to their
own use such fees as the judges of the Exchequer Court, by
general order, fix and determine. 38 W., c. 11, s. 67.
º
SUPREME AND EXCHEQUER COURTS.
EVIDENCE.
In what case
only a person
may be taken
into custody
under process.
Execution of
writs and
effect thereof,
Claims to
property
seized or pro-
ceeds of sale.
Fees of offi-
CerS. *
91. All persons authorized to administer affidavits to be Amdavia.
used in any of the superior courts of any Province, may
administer oaths, affidavits and affirmations in such Pro-
vince to be used in the Supreme Court or in the Exchequer
Court. 38 W., c. 11, s. 74.
34% 1779
20
Chap. 135. Supreme and Ecchequer Courts. 49 WICT_
Commission-
ers for receiv-
ing affidavits
may be
appointed.
Style of com-
missioner.
Before whom
affidavits, &c.,
Imay be made
out of Can-
ada.
Their effect.
No proof re-
quired of sig-
nature or seal
of commis-
Sioner, &c.
92. The Governor in Council may, by commission, from
time to time, empower such persons as he thinks necessary,
within or out of Canada, to administer oaths and take and
receive affidavits, declarations and affirmations in or concern-
ing any proceeding had or to be had in the Supreme Court
or in the Exchequer Court; and every such oath, affidavit,
declaration or affirmation so taken or made shall be as valid
and of the like effect, to all intents, as if it had been admin-
istered, taken, sworn, made or affirmed before that one of
the said courts in which it is intended to be used, or before
any judge or competent officer thereof in Canada:
2. Every commissioner so empowered shall be styled “a
commissioner for administering oaths in the Supreme Court
and in the Exchequer Court of Canada.” 39 W., c. 26, s. 10.
985- Any oath, affidavit, affirmation or declaration, ad-
ministered, sworm, affirmed or made out of Canada, before
any commissioner authorized to take affidavits to be used
in Her Majesty's High Court of Justice in England, or be-
fore any notary public, and certified under his hand and
official seal, or before the mayor or chief magistrate of any
city, borough or town corporate in Great Britain or Ireland,
or in any colony or possession of Her Majesty, out of Canada,
or in any foreign country, and certified under the common
seal of such city, borough or town corporate, or before a
judge of any court of Supreme jurisdiction in any colony or
possession of Her Majesty or dependency of the Crown out
of Canada, or before any consul, vice-consul, acting consul,
pro-consul or consular agent of Her Majesty exercising his
functions in any foreign place, and certified under his official
seal, concerning any proceeding had or to be had in the
Supreme Court or Exchequer Court, shall be as valid and of
like effect, to all intents, as if it had been administered,
sworn, affirmed or made before a commissioner appointed
under this Act. 39 V., c. 26, s. 12.
94. Every document purporting to have affixed, imprint-
ed or subscribed thereon or thereto, the signature of any
commissioner appointed under this Act or the signature of
any person authorized to take affidavits to be used in any of
the superior courts of any Province, or the signature of any
such commissioner authorized to receive affidavits to be
used in Her Majesty's High Court of Justice in England, or
the signature and official seal of any such notary public,
or the signature of any such mayor or chief magistrate, and
the common seal of the corporation, or the signature of any
such judge, and the seal of the court or the signature and
official seal of any such consul, vice-consul, acting consul, pro-
consul or consular agent, in testimony of any oath, affidavit,
affirmation or declaration, having been administered, sworn,
affirmed or made by or before him, shall be admitted in
evidence without proof of any such signature or seal being
1780
1886. Supreme and Exchequer Courts. Chap. 135. 21
the signature or signature and seal of the person whose
signature or signature and seal the same purport to be, or of
the official character of such person. 39 W., c. 26, s. 13.
95. No informality in the heading or other formal re-Informality
quisites of any affidavit, declaration or affirmation, made or §: an
tº e - e. 2Cl10D1, 1]]
taken before any person under any provision of this or any ; discretion
other Act, shall be an objection to its reception in evidence of the judge.
in the Supreme Court or the Exchequer Court, if the court or
judge before whom it is tendered thinks proper to receive
it ; and if the same is actually sworn to, declared or affirmed Nor to be set
by the person making the same before any person duly P..dº?
- e * - ...] : ſº º º -- in case of per-
authorized thereto, and is received in evidence, no such jury.
informality shall be set up to defeat an indictment for per-
jury. 39 V., c. 26, s. 15.
96. If any party to any proceeding had or to be had in Examination
either the Supreme Court or the Exchequer Court, is desir- º
ous of having therein the evidence of any person, whether commission of
a party or not, or whether resident within or out of Canada, ..."
the court or any judge thereof, if in its or his opinion it is, veniently
owing to the absence, age or infirmity, or the distance of the *
residence of such person from the place of trial, or the ex-
pense of taking his evidence otherwise, or for any other
reason, convenient so to do, may, upon the application of
such party, order the examination of any such person upon
oath, by interrogatories or otherwise, before the registrar of
the court, or any commissioner for taking affidavits in the
court, or any other person or persons to be named in such
order, or may order the issue of a commission under the seal
of the court for such examination ; and may, by the same
or any subsequent order, give all such directions touching
the time, place and manner of such examination, the attend-
ance of the witnesses and the production of papers thereat,
and all matters connected there with, as appears reasonable :
2. The person, whether a party or not, to be examined Interpreta-
under the provisions of this Act, is hereinafter called a Hºmº,
“witness.” 39 W., c. 26, s. 1. tº e
97. Every person authorized to take the examination of Duty of per-
any witness, in pursuance of any of the provisions of this sº taking
tº ... • ... such examina-
Act, shall take such examination upon the oath of the wit- i.
mess, or upon affirmation, in any case in which affirmation
instead of oath is allowed by law. 39 W., c. 26, s. 2, part ;
—40 W., c. 22, s. 1. -
98. The Supreme Court or Exchequer Court, or a judge Further ex-
thereof, may, if it is considered for the ends of justice amination
- ſº & t sº * º * ſº may €
expedient so to do, Order the further examination, before j.
either the court or a judge thereof, or other person, of any
witness; and if the party on whose behalf the evidence is Penalty for
tendered neglects or refuses to obtain such further examina-.”
34.4% - 1781 * . . . . *-* **, * k .
Chap. 135. Supreme and Exchequer Courts, 49 WICT.
Notice to
adverse
party.
Neglect or re- -
fusal to at-
tend to be
deemed con-
tempt of
court.
As to produc-
tion of papers,
&c.
HEffect of con-
sent of par-
ties.
Return of ex-
aminations
taken in
Canada.
Use thereof.
And of those
taken out of
Canada.
Use thereof.
Heading ex-
amination.
tion, the court or judge, in its or his discretion, may decline
to act on the evidence. 39 W., c. 26, s. 3.
99. Such notice of the time and place of examination as
is prescribed in the order, shall be given to the adverse
party. , 39W., c. 26, s. 4.
100. When any order is made for the examination of a
witness, and a copy of the order, together with a notice of
the time and place of attendance, signed by the person or
one of the persons to take the examination, has been duly
served on the witness within Canada, and he has been ten-
dered his legal fées for attendance and travel, his refusal or
neglect to attend for examination or to answer any proper
question put to him on examination, or to produce any
paper which he has been notified to produce, shall be deemed
a contempt of court and may be punished by the same pro-
cess as other contempts of court ; but he shall not be com-
pelled to produce any paper which he would not be com-
pelled to produce, or to answer any question which he
would not be bound to answer in court. 39 V., c. 26, -s. 5;-
40 W., c. 22, s. 2. -
101. If the parties in any case pending in either of the
said courts consent, in writing, that a witness may be ex-
amined within or out of Canada by interrogatories or other-
wise, such consent and the proceedings had thereunder shall
be as valid in all respects as if an order had been made and
the proceedings had thereunder. 39 W., c. 26, s. 6.
102. All examinations taken in Canada, in pursuance of
any of the provisions of this Act, shall be returned to the
court; and the depositions, certified under the hands of the
person or one of the persons taking the same, may, without
further proof, be used in evidence, saving all just exceptions.
39 W., c. 26, s. 7.
103. All examinations taken out of Canada, in pursuance
of any of the provisions of this Act, shall be proved by affi-
davit of the due taking of such examinations, sworn before
some commissioner or other person authorized under this
or any other Act to take such affidavit, at the place where
such examination has been taken, and shall be returned to
the court; and the depositions so returned, together with
such affidavit, and the order or commission, closed under
the hand and seal of the person or one of the persons author-
ized to take the examination, may, without further proof, be
used in evidence, saving all just exceptions, 39W., c. 26, s. 8.
104. When any examination has been returned, any party
may give notice of such return, and no objection to the
examination being read shall have effect, unless taken within
the time and in the manner prescribed by general order.
39 W., c. 26, s. 9.
- - 1782
1886. . Supreme and Exchequer Courts. Chap. 185.
GENERAL PROVISIONS.
105. The process of the Supreme Court and the process Process and
of the Exchequer Court shall run throughout Canada, and ...”
shall be tested in the name of the chief justice, or in case
of a vacancy in the office of chief justice, in the name of the
senior puisnéjudge of the court, and shall be directed to the
sheriff of any county or other judicial division into which
any Province is divided; and the sheriffs of the said respect-
ive counties or divisions shall be deemed and taken to be
ea officio officers of the Supreme and Exchequer Courts re-
spectively, and shall perform the duties and functions of
sheriffs in connection with the said courts; and in any case
where the sheriff is disqualified, such process shall be direct-
ed to any of the coroners of the county or district. 38 W.,
c. 11, ss. 66 and 75. .
106. Every commissioner for administering oaths in the Further
‘Supreme Court and in the Exchequer Court of Canada, who tºº.
resides within Canada, may take and receive acknowledg-ers.
ments or recognizances of bail, and all other recognizances
in the Supreme Court and in the Exchequer Court. 39 W.
c. 26, s. 11.
107. An order in either the Supreme Court or the Exche- ;
quer Court for payment of money, whether for costs or other- ...
wise, may be enforced by the same writs of execution as a money.
judgment in the Exchequer Court. 39 V., c. 26, s. 35.
108. No attachment as for contempt shall issue in either Nººh.
tº * * ment for non-
the Supreme Court or the Exchequer Court for the non-payment only.
payment of money only. 39 V., c. 26, s. 36.
109. The judges of the Supreme Court, or any five of ºy
them, may, from time to time, make general rules and º,
orders for regulating the procedure of and in the Supreme and as to
Court, and the bringing of cases before it from courts ap- *
pealed from or otherwise, and the procedure of the Ex-
chequer Court, and for the effectual execution and work-
ing of this Act, and the attainment of the intention and
objects thereof—and for fixing the fees and costs to be
taxed and allowed to, and received and taken by, and the
rights and duties of the officers of the said courts, and for
awarding and regulating costs in each of the said courts in
favor of and against the Crown, as well as the subject; and
such rules may extend to any matter of procedure or other-
wise not provided for by this Act, but for which it is found
necessary to provide, in order to insure the proper working
of this Act and the better attainment of the objects thereof;
and all such rules which are not inconsistent with the express
provisions of this Act, shall have force and effect as if herein
enacted ; and copies of all such rules shall be laid before both
- 1783
Chap. 135. Supreme and Exchequer Courts. 49 WICT.
How costs to
aſid against
the Crown
shall be paid.
Fees to be
paid by
stamps.
Publication
of reports of
decisions.
IIouses of Parliament at the session next aſter the making
thereof. 38 W., c. 11, s. 79;-39 W., c. 26, ss, 32 and 37.
110. Any costs awarded to Her Majesty in either of the
said courts shall be paid to the Minister of Finance and
Receiver General, and he shall pay, out of any moneys in
his hands for the time being legally applicable thereto, or
voted by Parliament for the purpose, any costs awarded to
any person against Her Majesty. 39 W., c. 26, s. 33.
III. All fees payable to the registrar under the provisions
of this Act shall be paid by means of stamps, which shall
be issued for that purpose by the Minister of Inland Revenue,
who shall regulate the sale thereof; and the proceeds of the
sale of such stamps shall be paid into the Consolidated
Tevenue Fund of Canada. 38 W., c. 11, s. 72.
112. The reports of the decisions of the Supreme Court
and of the Exchequer Court, shall, subject to the direction
of the judges of the courts, be published by the registrar
appointed under this Act. 38 W., c. 11, s. 73. 49.
OTT AWA : Pi inted by BRowN CHAMBERLIN, Law Printer to the Queen's Most
- - Excellent Majesty.
1784
An Act respecting proceedings against the Crown by A.D. 1886.
Petition of Right.
ER. Majesty, by and with the advice and consent of the
-* Senate and House of Commons of Canada, enacts as
follows:—
1- This Act may be cited as “The Petition of Right Act.” Short title.
39 W., c. 27, s. 22.
2. In this Act, unless the context otherwise requires, – Interpreta-
(a.) The expression “court” means the Exchequer Court flºº,
of Canada;
(b.) The expression “judge” means the chief justice or any “Judge.”
judge of the said court; -
(c.) The expression “relief” includes every species of relief tº Relief.”
claimed or prayed for in a petition of right, whether a res-
titution of any incorporeal right or a return of lands or
chattels, or a payment of money, or damages, or otherwise.
39 W., c. 27, s. 21.
8. A petition of right may be addressed to Her Majesty Form of
to the effect of the form A in the schedule to this Act. 39 W., pºon of
c. 27, s. 2. - E * v-
4. The petition shall be left with the Secretary of State To be left for
of Canada, for submission to the Governor General, so that gºvernors
he may consider it and, if he thinks fit, grant his fiat that "
right be done; and nothing shall be payable by the suppliant
on leaving or upon receiving back the petition. 39 W., c. 27,
5. Upon the Governor General's fiat being obtained, the When and
petition and fiat shall be filed in the Exchequer Court of #.””
Canada, which court shall have exclusive original cognizance
of such petitions, and thereafter a copy of the petition and fiat
shall be left at the office of the Attorney General of Canada,
with an indorsement thereon to the effect of the form B in the
schedule to this Act. 39 W., c. 27, s. 4.
6. There shall be no preliminary inquisition finding the Time for filing
truth of the petition, or the right of the suppliant, but the ..."
statement in defence or demurrer, or both, shall be filed

1785
2
Chap. 136. Petitions of Right. 49 Vict.
within four weeks after service of the petition, or such
further time as is allowed by the court or a judge. 39 W.,
c. 27, s. 5.
*
Service on 7. If the petition is presented for the recovery of any real
º or personal property, or any right in or to the same, which
the petition. has been granted away or disposed of by or on behalf of Her
Majesty, or Her predecessors, a copy of the petition and fiat,
indorsed with a notice to the effect of the form C in the
schedule to this Act, shall be served upon or left at the last
or usual or last known place of abode of the person in the
possession or occupation of such property or right; and it
No scire shall not be necessary to issue any scire facias or other process
jacias. to such person for the purpose of requiring him to file his
statement in defence, but if he intends to contest the petition
he shall, within four weeks after such copy has been so
served or left, or within such further time as is allowed by
the court or a judge, file his statement of defence or demurrer,
or both. 39 W., c. 27, s. 6. -
What defºnº S. The statement of defence or demurrer may raise, besides
may be raised. any legal or equitable defences in fact or in law available
under this Act, any legal or equitable defences which would
have been available if the proceeding had been a suit or action
in a competent court between subject and subject; and any
grounds of defence which would be sufficient on behalf of
Her Majesty may be alleged on behalf of any such person,
as aforesaid. 39 W., c. 27, s. 7. -
Certain issues 9. Every issue of fact or assessment of damages to be tried
.*.*.* or made under this Act shall be tried or made by a judge
out a iury.
out a jury. without a jury. 39 W., c. 27, s. 8. - -
Wººl 10. The trial of any issue of fact or assessment of damages
s- may, by Order of the court or a judge, take place partly at
****, one place and partly at another; and the evidence of any
witness may, by like order, be taken by commission, or on
examination or affidavit. 39 W., c. 27, s. 9.
ºnt by II. In case of default, on behalf of Her Majesty or of such
other person as aforesaid, to file a statement in defence or
demurrer in due time, the suppliant may apply to the court
or a judge for an order that the petition may be taken as
confessed; and the court or judge may, on being satisfied
that there has been such failure, order that the petition be
taken as confessed as against Her Majesty, or such other
person, and thereupon the suppliant may have judgment, but
. *** such judgment may afterwards be set aside by the court or a
side on e © e º º º
terms. judge, in its or his discretion, upon such terms as to the
court or judge seem fit. 39 V., c. 27, s. 10.
* Form of 12. The judgment on every petition of right shall be
* that the suppliant is not entitled to any portion, or that he is
zº - 1786 -
1886. Petitions of Right. Chap. 136. 3.
entitled to the whole or to some specified portion of the
relief sought by his petition, or to such other relief, and
º such terms and conditions, if any, as are just. 39 W.,
c. 27, s. 11.
18. In all cases in which the judgment commonly called ...
a judgment of amoveas manus, was formerly given in Eng-jºº.”
land upon a petition of right, a judgment that the suppliant
is entitled to relief, as herein provided, shall be of the same
effect as such judgment of a moveas manus. 39 W., c. 27, s. 12.
14. Upon any such petition of right, the suppliant shall Costs may be
be entitled to costs against Her Majesty, and also against any ..."
other person appearing or pleading, or answering to any suc
petition of right, in like manner and subject to the same
rules, regulations and provisions, restrictions and discretion,
so far as they are applicable, as are or may be usually adopted
Or in force in respect to the right to recover costs in proceed-
ings between subject and subject; and for the recovery of Fºy
any such costs from any such person other than Her Majesty, ©
appearing or pleading, or answering, in pursuance hereof, to
any such petition of right, such and the same remedies and
writs of execution as are authorized for enforcing payment
of costs upon rules, orders, decrees or judgments, in personal
actions between subject and subject, shall and may be pro-
secuted, sued out and executed on behalf of such suppliant.
39W., c. 27, s. 17, part.
15. Whenever, on a petition of right, judgment is given Judgment for
that the suppliant is entitled to relief and there is no ap- i. ºfte: .
peal, and whenever, upon appeal, judgment is affirmed or suppliant to
given that the suppliant is entitled to relief, and whenever ... "
any rule or order is made, entitling the suppliant to costs, Finance.
any judge shall, upon application after the lapse of fourteen
days from the making, giving, or affirming of such judg-
ment, rule or order, certify to the Minister of Finance and
Receiver General the tenor and purport of the same, to the
effect of the form D in the schedule to this. Act; and such
certificate may be sent to, or left at the Department of Finance.
39 W., c. 27, s. 17, part.
16. The Minister of Finance and Receiver General shall Payment by
pay out of any moneys in his hands for the time being law- M.”
fully applicable thereto, or which are thereafter voted by
Parliament for that purpose, the amount of any moneys or
costs which have been so certified to him to be due to any
suppliant. 39 V., c. 27, s. 18.
17. Any costs adjudged to Her Majesty on a petition of Payment of
right shall be paid to the Minister of Finance and Receiver §..."
General. 39 V., c. 27, s. 16.
1787
4 Chap. 136. Petitions of Right. 49 VICT.
§.” 18. The judges of the Supreme Court, or any five of them,
upreme ''. º * t •Al avºr. 4'---
Čjay may, from time to time, make general rules and orders for
make rules regulating, in every particular, the pleadings, practice, proce-
dure and costs on petitions of right, and for the effectual ex-
ecution and working of this Act and the attainment of the
intention and object thereof; and such rules and orders may
extend as well to matters provided for as to any matter not
provided for by this Act, but for which it is found necessary
to provide, in order to insure the proper working of this Act
Their effect and the better attainment of the objects thereof; and all such
rules and orders which are consistent with such express pro-
visions of this Act as are not subject to alteration by rules
To be laid be- or orders, shall have the force and effect of law, and copies of
i.” all such rules and orders shall be laid before both Houses of
º Parliament at the next session thereof:
Rules may be 2. The Governor in Council may, by proclamation publish-
* edin the Canada Gazette, or either House of Parliament may,
by any resolution passed at any time within thirty days
after such rules and orders have been laid before Parliament,
suspend any rule or order made under this Act; and such
rule or order shall, thereupon, cease to have force or effect
until the end of the then next session of Parliament. 39 V.,
c. 27, s. 14.
Bºles, 19. Unless it is otherwise provided, either by this Act or
...'..." by general rules and orders made under the authority of
rules under this Act, the rules of pleading, practice and procedure in
this Act. force with regard to petitions of right in England shall, as
to all matters, including the question of costs, so far as
applicable, and unless the court or a judge otherwise orders,
apply and extend to a petition of right under this Act. 39 V.,
c. 27, s. 15.
£ºvisiºns ºf 20. All the provisions of “The Supreme and Exchequer
Supreme and
§hequer Courts Act " not inconsistent with this Act, shall extend and
Qºts Act to apply to the jurisdiction by this Act conferred, in like man-
apply. • tº tº *-* - s tº
pply ner as if such jurisdiction had been conferred on the Ex-
chequer Court by the said Act. 39 W., c. 27, s. 13.
Act not to 21. Nothing in this Act contained shall,—
affect H. M. :----> - - g º e •
prerogative. (1.) Prejudice or limit, otherwise than is herein provided,
the rights, privileges or prerogatives of Her Majesty or Her
Successors ; Or—
. (2.) Prevent any suppliant from proceeding as before the
passing of this Act; or—
Or give (3.) Give to the subject any remedy against the Crown,
remedy not º :” . J “85 º
allowed in (a) In any casein which he would not have been entitled to
jº, such remedy in England under similar circumstances, by the
C. 34. laws in force there, prior to the passing of an Act of the Par-
liament of the United Kingdom, passed in the session held
in the twenty-third and twenty-fourth years of Her Majesty's
reign, chapter thirty-four, intituled “An Act to amend the law
1788
say 3
1886. Petitions of Right. Chap. 136. 5
relating to Petitions of Right, to simplify the proceedings and
to make provisions for the costs thereof; or— g
(b.) In any case in which, either before or within two §§ dº.”
months after the presentation of the petition, the claim is, arbitration
under the statutes in that behalf, referred to arbitration by under statute.
the head of the proper department, who is hereby authorized,
with the approval of the Governor in Council, to make such
reference upon any petition of right. 39 V., c. 27, s. 19.
SCHEDULE.
FORM A.
PETITION OF RIGHT.
In the Exchequer Court of Canada.
To the Queen’s Most Excellent Majesty :
County (or district) of (place proposed for trial) to wit:
The humble petition of A. B., of , showeth
that (state with convenient certainty the facts on which petitioner
relies as entitling him to relief).
Conclusion.
Your suppliant therefore humbly prays that (state the relief
claimed).
Dated the day of , A.D.
(Signed) * A. B.
or C. D., Counsel for A. B.
FORM B.
The suppliant prays for a statement in defence on behalf
of Her Majesty, within four weeks after the date of service
hereof, or otherwise that the petition may be taken as con-
fessed.’
FORM C.
To A. B. :
You are hereby required to file a statement in defence to
the within petition in Her Majesty's Exchequer Court of
Canada, within four weeks after the date of service hereof.
Take notice, that if you fail to file a statement in defence
or demurrer in due time, the said petition may, as against
you, be ordered to be taken as confessed. }, " . . .
Dated the day of , A.D.
1789
Chap. 136. Petitions of Right. 49 WICT.
FORM D.
To the Honorable the Minister of Finance and Receiver
General :
Petition of right of A.B. in Her Majesty's Exchequer Court
of Canada, at
I hereby certify, that on the day of y
A.D. , it was, by the said court adjudged (or ordered)
that the above named suppliant was entitled to, &c.
(Judge's signature).
*
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1790
An Act respecting the Maritime Court of Ontario. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This . Act may be cited as “The Maritime Court Act.” Short title-
40 W., c. 21, s. 22.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “the court” means the Maritime flºº,
Court of Ontario ; - OUIrt.
(b.) The expression “judge" means the judge of the Mari- “Judge.”
, time Court of Ontario; and—
(c.) The expression “ship ’’ includes every description of “Ship.”
vessel used in navigation not propelled by oars. 45 W.,
c. 34, s. 5.
COURT AND JUDGES.”
3. The superior court of maritime jurisdiction now exist- Court con-
ing in the Province of Ontario, under the name of “The tinued.
Maritime Court of Ontario,” is hereby continued under such
name, and shall continue to be a court of record. 40 W.,
c. 21, s. 2, part.
4. The Governor in Council may appoint any judge of Appointment
any superior or county court in Ontario, or any barrister in of judge.
Ontario, of not less than seven years' standing, to be the
judge of the court. 40 W., c. 21, s. 5.
5. The judge shall hold office during good behavior, but Tenure of
shall be removable by the Governor General on address of *
the Senate and House of Commons. 40 W., c. 21, s. 6, part.
6. The judge shall receive no fees, but shall receive a Remunera-
salary of six hundred dollars per annum, free and clear from *
all deductions whatsoever, and pro rată for any shorter time
than a year, which salary shall be paid out of any unappro-

priated moneys forming Pºłº the Consolidated Revenue.
1791
Chap. 137. Maritime Court of Ontario. 49 VICT!
Appointment
of surrogate
judges.
Powers.
Tenure of
office.
Remunera-
tion.
Tariff to be
laid before
Parliament.
Disposal of
fees.
Judges to
take oath of
office.
Form of oath.
Appointment
of officers.
And of
{{SSèSSOI’S.
Fund of Canada, in like manner as the salaries of other
judges. 40 W., c. 21, s. 7.
7. The Governor in Council may, from time to time,
appoint one or more judges of county courts in Ontario, or
barristers of not less than seven years' standing in Ontario,
to be a surrogate judge or surrogate judges of the said court:
2. Such surrogate judge shall have such of the powers of
the judge as are conferred by the commission appointing
him : e -
3. He shall hold office during pleasure, but his appoint-
ment shall not be vacated by a vacancy in the office of the
judge : * -
4. He may, if resident elsewhere than in Toronto, receive
emoluments fixed, from time to time, by the Governor in
Council, raised out of funds provided by suitor's fees, pay-
able under a tariff fixed, from time to time, by the Governor
in Council : -
5. Copies of the tariff shall be, as soon as possible, laid
before both Houses of Parliament, and entered on the records
of the court, and published in the Canada Gazette :
6. The fees payable by suitors under the tariff shall be
paid over, by the officer appointed to collect them, to the
Minister of Finance and Receiver General, and shall form
part of the Consolidated Revenue Fund of Canada; and the
emoluments of the surrogate judge shall be paid therefrom.
40 W., c. 21, ss, 11, 12 and 14.
8. Every judge and surrogate judge appointed in pursu-
ance of this Act, shall, previously to his executing the duties
of his office, take, before a judge of any superior or county
court in Ontario, an oath in the form following, that is to say:
“I do sincerely and solemnly
“swear that I will duly and faithfully, and to the best of my
“skill and knowledge, execute the powers and trusts reposed
“in me as judge (or as a surrogate judge, as the case may be) of
“the Maritime Court of Ontario. So help me God.” 40 W.,
c. 21, s. 17.
OFFICERS.
9. The Governor in Council may appoint a registrar,
marshal, deputy registrars and deputy marshals, and ex-
aminers and other necessary officers for the court, with such
of the powers belonging to registrars and marshals of British
Vice-Admiralty Courts, and such other powers for the effect-
ual working of this Act as are prescribed by general rules.
40 W., c. 21, s. 15.
10. The judge shall, from time to time, submit, for the
approval of the Minister of Justice, a list of persons of nau-
tical or engineering, or other technical skill and experience,
1792
*
1886. Maritime Court of Ontario. . Chap. 137. 3.
to act as assessors in the court; and shall cause the approved
list to be published in the Canada Gazette, and every person
named in the approved list shall attend the court, under
such circumstances and in such rotation, and subject to such
regulations, and shall receive such fees, as are provided by
general rules. 40 W., c. 21, s. 10.
*
JBARRISTERS AND PROCTORS.
11. All persons entitled to act as barristers or advocates Who may .
in any superior court in any Province of Canada may act ...”
as such in the court ; and all persons entitled to practise as
solicitors or attorneys-at-law, in Ontario, may practise as
proctors or solicitors in the court; and all persons acting as
barristers, advocates, proctors, or solicitors in the court, shall
be officers thereof 40 W., c. 21, s. 18.
12. The principal seat of the court shall be at Toronto, º
but sittings of the court may be held at any city, town or ****
place within the Province of Ontario. 40 W., c. 21, s. 4.
JURISDICTION AND PROCEDURE.
13. Except as herein otherwise provided, all persons shall Rights and
have, in the Province of Ontario, the like rights and remedies 5...",
in all matters including cases of contract and tort and pro- matters re-
ceedings in rem and in personam arising out of or connected ... s.
with navigation, shipping, trade or commerce on any river, ppling, & C.
lake, canal or inland water, of which the whole or part is in
the Province of Ontario, as such persons would have in any
existing British Vice-Admiralty Court if the process of such
court extended to the said Province. 40 W., c. 21, s. 1.
14. Subject to the provisions in this section contained, Jurisdiction
the court, for the enforcement of such rights and remedies, * * *
shall, as to the matters mentioned in the next preceding
section, have all such jurisdiction as belongs to any existing
British Vice-Admiralty Court in similar matters within the
reach of its process:
2. In any such matter arising within reach of the process As to matters
of the Vice-Admiralty Court at Quebec, the court shall have *. lll
the same jurisdiction as any existing British Vice-Admiralty º
Court has under like circumstances, in any like matter aris-
ing beyond the reach of its process:
3. The jurisdiction of the court in respect of claims touch- Jurisdiction
ing the ownership, possession, employment or earnings of;
* e º -> registered at
ships, shall extend to the case of a ship registered in a port a port of Que-
in the Province of Quebec, but navigating the waters afore- *
said :
4. The court shall not have jurisdiction, save as aforesaid, No jurisdic-,
in any matter to which the process of any existing British ...”
Vice-Admiralty Court extends,-nor shall the court have
jurisdiction in any prize cause, or in any criminal matter,
1793
.4 Chap. 137. Maritime Court of Ontario. 49 WICT.
or in any case of breach of the regulations and instructions
relating to Her Majesty's navy, or arising out of droits of
Admiralty, or out of any seizure for breach of the revenue,
customs, trade or navigation laws, or out of any violation of
the Act of the Parliament of the United Kingdom, known
as “The Foreign Enlistment Act,” or of the laws relating to
the abolition of the slave trade, or to the capture and destruc-
tion of pirates and piratical vessels:
Limitation as 5. No right or remedy in rem given by this Act only shall
º#i. be enforced as against any subsequent bond fide purchaser
Act only, or mortgagee of a ship, unless the proceedings for the en-
forcement thereof are begun within ninety days from the
time when the same accrued :
Rights of 6. No right or remedy in rem given by this Act, except a
* right or remedy in rem for the wages of seamen and other
protected persons employed on board a ship on any river, lake, canal
or inland water, of which the whole or part is in the Pro-
vince of Ontario, shall be enforced as against any bond fide
mortgagee under a mortgage duly executed and registered
prior to the first day of October, one thousand eight hun-
dred and seventy-eight. 40 W., c. 21, s. 2, part, s. 3;-42 W.,
c. 40, s. 1;-45 W., c. 34, s. 1.
{*ractice in 15. The practice, pleading, writs and procedure in force
j}.'... at the time of its abolition in the instance side of the High
.rules. Court of Admiralty in England shall, so far as applicable,
apply and extend to proceedings instituted under this Act,
when no other provision is made by this Act or the general
rules made under this Act. 40 W., c. 21, s. 9.
Effect. Of 16. All decrees and orders of the court, or of the judge or
jº, a surrogate judge thereof, whereby any moneys are payable
scourt. to any person, shall have the same effect as decrees of the
Court of Chancery in Ontario had on the sixteenth day of
April, in the year one thousand eight hundred and seventy-
eight, —and all powers of enforcing its decrees then possessed
by the said Court of Chancery or any judge thereof, with
respect to matters pending in that court, are hereby con-
ferred on the court with respect to matters therein pending,
—and all remedies possessed on that date by those to whom
money was payable under a decree of the said Court of Chan-
cery, are hereby conferred on persons to whom any moneys
are payable by orders or decrees of the court, or of the judge
or a surrogate judge thereof. 41 W., c. 1, s. 1.
"Continuation, 17. Any judicial act begun or partly proceeded with by
•of proceedings o g g *
i.;" a surrogate judge may, under general rules, be proceeded
ºgate with or completed by the judge. 40 W., c. 21, s. 13.
Judge.
gº." 18. An appeal shall lie to the Supreme Court of Canada
.." from every decision of the court having the force and effect
of a definitive sentence or final order. 40 W., c. 21, s. 19.
1794
1886. Maritime Court of Ontario. Chap. 137. 5
H9. The practice, procedure and powers as to costs, and º: º
otherwise, of the Supreme Court of Canada in other appeals “”
shall, so far as applicable, and unless such court otherwise
orders, apply and extend to appeals under this Act, when
no other provision is made, either by this Act-Or the general
rules made under this Act, or under “ The Supreme and Ear-
chequer Courts Act.” 40 W., c. 21, s. 20.
GENERAL PROVISIONS.
20. The judge, any surrogate judge, the registrar, any By whom
deputy registrar, and any person who has power to adminis- ;
ter oaths and affirmations in matters pending in the Supreme &
Court of Canada or the Exchequer Court of Canada, may ad-
minister oaths and affirmations in relation to any matter
pending in the court. 40 W., c. 21, s. 16, part.
21. The judge may, with the approval of the Governor Rules of
in Council, from time to time, make, alter and rescind gen- ;..."
eral rules for establishing and regulating the practice, plead- may be made.
ing, writs, procedure, costs and fees to practitioners and
officers in suits instituted under this Act, and for the effect-
ual working of this Act ; and such rules may extend to any
matter of procedure, or otherwise, not provided for by this
Act, but for which it is found necessary to provide, in order
to insure the proper working of this Act and the better
attainment of the objects thereof; and every such rule, not Their effect.
being inconsistent with the express provisions of this Act,
shall have force and effect as if herein enacted: gº
2. Copies of all such rules shall, as soon as possible, be Copies for
laid before both Houses of Parliament and entered on the *
records of the court, and published in the Canada Gazette :
3. The Governor in Council may, by proclamation pub-..."
lished in the Canada Gazette, or either House of Parliament j.
may, by a resolution passed at any time within thirty days
after such rules and orders have been laid before rarlia-
ment, suspend any rule or order made under this Act ; and
such rule or order shall thereupon cease to have force or
effect until the end of the then next session of Parliament.
40 W., c. 21, s. 8.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
4. Excellent Majesty.
35% * 1795
CHAPTER I58.
An Act respecting the Judges of Provincial Courts. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “judge,” as applied to a superior court, Hºdge,
includes the chief justice, and as applied to county courts, >
includes a junior judge ;
(b.) The expression “county’’ includes district. 45 W., “County.”
e. 12, s. 1.
JUDGES OF COUNTY COURTS.
2. Every judge of a county court in any of the Provinces Conditiºns
of Canada shall, subject to the provisions of this Act, hold lº,
office during good behavior and his residence within the judges hold
county or union of counties for which the court is estab- *
lished : -
2. A judge of a county court may be removed from office Causes for
by the Governor in Council for misbehavior, or for incapa- *
city or inability to perform his duties properly, on account
of old age, ill health or any other cause ; if–
(a.) The circumstances respecting the misbehavior, in- Inquiry.
capacity or inability are first inquired into ; and—
(b.) Such judge is given reasonable notice of the time and Notice to the
place appointed for the inquiry, and is afforded an oppor-"
tunity, by himself or his counsel, of being heard thereat,
and of cross-examining the witnesses and adducing evi-
dence on his own behalf:
3. If any such judge is removed from office for any of such Report to
reasons, the order in council providing for such removal, *
and all reports, evidence and correspondence relating there-
to, shall be laid before Parliament within the first fifteen
days of the next ensuing session :
4. The Governor General in Council may, for the pur- Commission
pose of making inquiry into the circumstances respecting ..".
the misbehavior, inability or incapacity of such judge, issue pointed.
a commission to one or more, judges of the Supreme Court -
of Canada, or to any one or more judges of any superior
court in any Province of Canada, empowering him or them
to make such inquiry and to report, and may, by such

35% 1797
2
Chap. 138. Judges of Provincial Courts. 49 WICT.
Powers may
be conferred.
Attendance of
witnesses.
Application
of this section.
Salaries of
Judges of
Supreme
Court of
Judicature,
Ontario.
Salary of
Chief Justice,
&c., if ap-
ointed to
ourt of
Appeal.
Salaries of
Judges of
Queen's
Bench and
Superior
Court, Que-
bec.
commission, confer upon the person or persons appointed,
full power to summon before him or them any person or
witnesses, and to require them to give evidence on oath,
orally or in writing or on solemn affirmation, if they are
persons entitled to affirm in civil matters, and to produce
such documents and things as the commissioner or commis-
sioners deem requisite to the full investigation of the mat-
ters into which they are appointed to inquire :
5. The commissioner or commissioners shall have the same
power to enforce the attendance of such person or witness,
and to compel him to give evidence, as is, in civil cases,
vested in any superior court of the Province in which the
inquiry is being conducted ; but no such person or witness
shall be compelled to answer any question, by his answer
to which he would render himself liable to a criminal prose-
cution :
6. This section shall apply to judges now holding office
as well as to those hereafter appointed, and a judge now
holding office may be removed under this section for mis-
behavior, incapacity or inability, occurring or existing be-
fore the passing of this Act. 45W., c. 12, ss, 2, 3, 4 and 5.
SALARIES.
SUPERIOR COURTS.
3- The salaries of the judges of the Supreme Court of
Judicature of Ontario shall be as follows:—
The Chief Justice of Ontario................. $6,000 per annum.
Three Justices of Appeal, each.............. 5,000 C &
The Chief Justice of the Queen’s Bench. 6,000 C. C.
Two judges of the High Court of Justice,
Queen's Bench Division, each............ 5,000 ( {
The Chancellor of Ontario...................... 6,000 { %
Three judges of the High Court of Justice,
Chancery Division, each...................... 5,000 { {
The Chief Justice of the Common Pleas... 6,000 ( &
Two judges of the High Court of Justice,
Common Pleas Division, each................ 5,000
2. If the Chief Justice of the Queen’s Bench, the Chancel-
lor of Ontario or the Chief Justice of the Common Pleas, is
appointed to the Court of Appeal, the Governor in Council
may direct that he be paid a salary not less than that pre-
viously enjoyed by him as such Chief Justice or Chancellor.
45 W., c. 11, s. 1;-46 W., c. 9, s. 2;-49 W., c. 6, s. 1.
4- The salaries of the judges of the Court of Queen's
Bench and of the Superior Court, in the Province of Quebec,
shall be as follows : — -
The Chief Justice of the Queen's Bench..#6,000 per annum.
Five puisné judges of the said court, each 5,000 { {
The Chief Justice of the Superior Court. 6,000 { {
1798
1886. Judges of Provincial Courts. Chap. 138. 3
%
Eleven puisné judges of the said court,
whose residences are fixed at Montreal
or Quebec, each................................... 5,000 per annum.
Thirteen puisné judges of the said court,
whose residences are fixed within dis-
tricts other than Bonaventure and
Gaspé or Saguenay, each........... ........ 4,000
Two puisné judges of the said court,
whose residences are fixed within the
districts of Bonaventure and Gaspé or
Saguenay, each.............. ..................... 3,500
The senior puisné judge residing at Que-
bec, if the Chief Justice resides at
Montreal, or the senior puisné judge
residing at Montreal, if the Chief Jus-
tice resides at Quebec, in addition to his
other salary.......... - e s e e s e e º e e º e s e º e s e e • * G e º 'º e 1,000 { {
37 W., c. 4, s. 5, part —44 W., c. 5;-46 W., c. 9, s. 4;-48-49 W.,
c. 56, s 1. -
{ {
{ %
5. The salaries of the judges of the Supreme Court of the Salaries of
judges, Nova
Province of Nova Scotia shall be as follows: - Scotia.
The Chief Justice of the said court.......... $5,000 per annum.
The Judge in Equity.............................. 4,000 { {
{ {
Five puisné judges of the said court, each 4,000
36 W., c. 31, s. 6;-42 W., c. 3, s. 2.
6- The salaries of the judges of the Supreme Court of the Salaries of
Province of New Brunswick shall be as follows:— ºw
The Chief Justice of the said court......... $5,000 per annum.
The Judge in Equity............................... 4,000 { %
{{
Four puisné judges of the said court, each 4,000
37 W., c. 4, S. 4;-42 W., c. 3, s. 1.
7. The salaries of the judges of the Supreme Court of the Salaries of
Province of Prince Edward Island shall be as follows:– #.”
The Chief Justice of the said court, being Island.
also judge of the Court of Vice-Admi-
ralty............. .............#4,000 per annum.
One assistant judge, being also Master of
the Rolls in Chancery............................. 3,200 { {
One assistant judge, being also Vice-
Chancellor................................................ 3,200 {{
44 W., c. 6, s. 1.
8. The salaries of the judges of the Court of Queen's iº ºf
Bench for the Province of Manitoba shall be as follows:— .a.
The Chief Justice of the said court............#5,000 per annum.
Three puisné judges of the said court, each 4,000 r =
36 W., c. 31, s. 8 ––47 W., c. 13, s. 1, part.
1799
4
Chap. 138. Judges of Provincial Courts. 49 WICT.
Salaries of
judges,
ritish
Columbia.
Proviso.
Salaries of
§§
.W.T.
Salaries of
judges of
county courts.
Ontario.
Nova Scotia.
New Bruns-
Wick.
Prince Ed-
ward Island.
9. The salaries of the judges of the Supreme Court for
the Province of British Columbia shall be as follows:—
The Chief Justice of the said court............#5,000 per annum.
Four puisnéjudges of the said court, each 4,000 & 4
Provided, that during the incumbency of the present
Chief Justice, his salary shall continue to be $5,820 per
annum, and that while the present senior puisné judge re-
mains in office, his salary shall continue to be $4,850 per
annum. 35 W., c. 20, s. 5;-36 W., c. 31, s. 9 –43 W., c. 4.
10- The salaries of the judges of the Supreme Court of
the North-West Territories shall be as follows:—
Five puisné judges of the said court, each $4,000 per annum.
49W., c. 25, s. 10, part.
COUNTY COURTS.
11. The salaries of the judges of the county courts shall
be as follows:– -
Onlario.
The judge of the County Court of the county of York,
$2,400 per annum ;
The judges of other county courts, each $2,000 per annum,
during the first three years of service, and after three years
of service as such judge, each $2,400 per annum ;
Junior judges of county courts, each $2,000 per annum;
The salary of any judge now receiving a greater salary
than the maximum herein allowed, shall, during his incum-
bency, remain at its present rate.
Nova Scotia.
The judge of the County Court of the county of Halifax,
$2,400 per annum ;
Six other county court judges, each $2,000 per annum, dur-
ing the first three years of service, and after three years of
service, each $2,400 per annum.
New Brunswick.
The judge of the County Court of the city and county of
St. John, $3,000 per annum ;
Five other county court judges, each $2,000 per annum,
during the first three years of service, and after three years
of service, each $2,400 per annum.
Prince Edward Island.
Three county court judges, each $2,000 per annum, during
the first three years of service, and after three years of service,
each $2,400 per annum.
1800
1886. Judges of Provincial Courts. Chap. 138.
Manitoba.
Four county court judges, each $2,000 per annum, during Manitoba.
the first three years of service, and after three years of service,
each $2,400 per annum.
British Columbia.
The judge of the County Court of Cariboo, $2,400 per British
annum. 36 V., c. 31, s. 10, part ;-39 W., c. 29, s. 1, part;-
42 W., c. 4, S. 1;-45W., c. 11, s. 2, part, and ss. 3 and 4;-46 W.,
c. 9, s. 5, part —47 W., c. 12, s. 1, part ;-48-49 W., c. 55, s. 1,
part.
WICE-ADMIRALTY COURTS.
Columbia.
12. The salaries of the judges of the Vice-Admiralty jº Of
Courts, as such judges, shall be as follows:–
ges of
Vice-Admir-
The judge of the Vice-Admiralty Court of Quebec, $2,000 alty Courts.
per annum. ;
The judge of the Vice-Admiralty Court of Nova Scotia,
$600 per annum ;
The judge of the Vice-Admiralty Court of New Bruns-
wick, $600 per annum. 31 W., c. 33, sch. part;-32-33 W., c. 8,
S. ſ.
TRAVELLING ALLOWANCES.
13. There shall be paid to the judges, for travelling allow-
ances, the sums following, that is to say :—
In the Province of Ontario,
To each of the judges of the High Court of Justice of that
Province, one hundred dollars for each time he holds any
court for the trial of causes, in any county except the county
of York and city of Toronto;
In the Province of Quebec,+
To each of the judges of the Court of Queen's Bench, for
each term (appeal side and criminal side) attended by him
elsewhere than at his place of residence, one hundred dol-
lars; -
To each of the judges of the said Court of Queen's Bench,
for attending any other court, for each day he is absent from
his place of residence, six dollars;
To each of the judges of the Superior Court, attending, as
such, any court held at any place other than that at which
he is directed to reside, for each day he is absent from his
said place of residence, six dollars;
Provided that any judge of the Superior Court, required
to attend, as such, the Court of Queen's Bench, appeal side
or criminal side, elsewhere than at his said place of resi-
dence, during the whole of the term, shall receive the same
allowance as a judge of the Court of Queen's Bench per-
forming the like duty; but this provision shall not apply
to a judge of the Superior Court attending the Court of
Travelling
allowances.
Ontario.
Quebec.
1801
6 Chap. 138. Judges of Provincial Courts. 49 WICT.
Queen's Bench, appeal side or criminal side, for a part only
of a term, or for the purpose of disposing of cases already
heard; and in the two cases last mentioned, the allowance
shall be six dollars for each day's absence from his place of
residence,—except that three days' absence at least shall
always be allowed for ;
Nova Scotia. In the Province of Nova Scotia,
To each of the judges of the Supreme Court of that Pro-
vince, and to the Judge in Equity, one hundred dollars for
each time he holds any court for the trial of causes (not
being an adjourned court) in any county except the county
of Halifax;
New Bruns- In the Province of New Brunswick,-
wick. To each of the judges of the Supreme Court of that Pro-
vince, and to the judge in equity, one hundred dollars for
each time he holds any court for the trial of causes (not
being an adjourned court) in any county except the county
of York ;
Prince Ed- In the Province of Prince Edward Island,-
*** To each judge of the Supreme Court, such a sum, not ex-
ceeding two hundred dollars, as the Governor in Council
prescribes;
Manitoba. In the Province of Manitoba,
To each of the judges of the Queen's Bench, such travelling
allowances as the Governor in Council, from time to time,
determines;
British In the Province of British Columbia,
Columbia. To each of the judges of the Supreme Court of that Pro-
vince, such travelling allowances as the Governor in Coun-
cil, from time to time, determines;
North-West In the North-West Territories,—
Territories. To each judge of the Supreme Court of the North-West
Territories, such travelling allowances as the Governor in
Council determines;
Allowances to In the Provinces of Ontario, Nova Scotia, New Bruns-
*:::: *. wick and Prince Edward Island,-
To each judge of a county court, an annual sum of two
hundred dollars;
In the Provinces of Manitoba and British Columbia,
To each judge of a county court, such a sum as the Gov-
ernor in Council prescribes :
ºjº”. Except in the case of the annual sums paid to judges of
quired in cer- g
in ass, the Supreme Court of Prince Edward Island, and to judges of
County Courts in the Provinces of Ontario, Nova Scotia,
New Brunswick and Prince Edward Island, and except in
the case of travelling allowances to judges of the Supreme
Court of the North-West Territories, every application for
the payment of any such allowance shall be accompanied
by a certificate of the judge applying for it, of the number
of circuits or days for which he is entitled to claim such
allowance. 32–33 W., c. 8, s. 1;-35 V., c. 21 ;-36 W., c. 31,
S. 10;-37 W., c. 4, s. 2, part ; –39 W., c. 29, s. 1, part;-40 W.,
te 1802
1886. Judges of Provincial Courts. Chap. 138. 7
c. 24;-45W., c. 11, s. 2, part ;-46 W., c. 9, s. 5, part, and s. 7 ;
—47 W., c. 12, s. 1, part ;-48-49 W., c. 55, s. 1, part;-49 W.,
c. 25, s. 10, part.
SUPERANNUATION.
14- If any judge of a superior court, or of a court of Superännua-
Vice-Admiralty, in any of the Provinces, who has continued hºices
in the office of judge of one or more of the superior courts, of superior
or of the court of Vice-Admiralty, in any one of the said “”
Provinces, for fifteen years or upwards, or, in the North-West
Territories, in the office of judge of the Supreme Court of the
North-West Territories, or in such office and the office of a
judge of any superior court in Canada or of a stipendiary
magistrate of the Territories, for fifteen years or upwards,
or who becomes afflicted with some permanent infirmity,
disabling him from the due execution of his office, resigns
his office, Her Majesty may, by letters patent, under the Great
Seal of Canada, reciting such period of office or permanent
infirmity, grant unto such judge an annuity equal to two
thirds of the salary annexed to the office he held at the time
of his resignation, to commence immediately after his re-
signation, and to continue thenceforth during his natural
life. 31 W., c. 33, s. 3, part –39 W., c. 28, s. 1, part —46 W.,
c. 9, s. 3 ;-49 W., c. 25, s. 10, part.
15. If any judge of a county court, after having con- And to judges
tinued in office as such judge for a period of at least ten ..."
years, becomes afflicted with some permanent infirmity, dis-
abling him from the due execution of his office, and resigns
his office, or if a judge of a county court, after having con-
tinued in office as such judge for a period of at least twenty-
five years, resigns his office, Her Majesty may, by letters
patent, under the Great Seal of Canada, grant to him a pen-
sion equal to two thirds of the annual salary of which he
was in receipt at the time of his resignation, to continue
thenceforth during his natural life:
2. If any person, receiving a pension under this section, When pension
becomes entitled to any salary in respect of any public office ś"
under the Government of Canada, such salary shall be re- amount.
duced by the amount of such pension. 45 V., c. 12, s. 6, part,
and s. 8.
GENERAI, PROVISIONS.
#6. The salaries and retiring allowances or annuities of ..."."
the judges shall be payable out of any moneys forming part fund.
of the Consolidated Revenue Fund of Canada : .*
2. For any period less than a year, the salaries and re- º pay-
tiring allowances or annuities shall be paid pro ratſ! : -
3. The salaries and retiring allowances or annuities shall Pºº" " .
8-) º º be clear of
be free and clear of all taxes and deductions whatsoever, im- deductions.
1803
Chap. 138. Judges of Provincial Courts. 49 WICT.
posed under any Act of the Parliament of Canada. 31.W.,
C. 33, s. 2, part, and s. 3;-32–33 W., c. 8, ss. 4 and 8;-36 W.,
c. 31, s. 11, part;-37 W., c. 4, s. 7;—39 W., c. 28, s. 1, part, and
c. 29, s. 1, part ;-45 W., c. 11, s. 5, and c. 12, s. 7 ;—46 W., c. 9,
S. 6;-47 W., c. 12, s. 2;-48-49 W., c. 55, s. 2; 49 W., c. 25, s. 11.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -
1804
An Act respecting Evidence. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
1. This Act may be cited as “The Evidence Act.” 44 W., Short title.
c. 28, s. 6.
2. In any criminal proceeding or any civil proceeding in Judicial,
respect of which the Parliament of Canada has jurisdiction ...º.o.
in this behalf, whenever it becomes necessary or expedient vincial
to próve or give in evidence any statute of any Province of *
the Dominion of Canada or of the late Province of Canada,
passed either before or after the passing of “The British
North America Act, 1867,” the court or judge before whom
such proceeding is pending, or being heard or tried, shall
take judicial notice of any such provincial statute, in like
manner and way as if such statute was a statute of the
Province in which such proceeding is being heard or tried ;
and any copy of any such statute purporting to be printed
and published by the printer authorized to print and pub-
lish the same, shall be receivable and received in evidence
to prove the contents thereof in every court having cogni-
Zance of any such proceeding. 49 W., c. 50, s. 1.
3- Primá facie evidence of any proclamation, Order, regula- Prima facie
tion or appointment, made or issued by the Governor Gene- ...ºf
* e - - proclama-
ral or by the Governor in Council or by or under the autho- ions, &c., of
rity of any Minister or head of any department of the gºs,
Government of Canada, may be given in all courts of justice “” ”
established by the Parliament of Canada, and in all legal
proceedings whatsoever, civil or criminal, over which the
Parliament of Canada has legislative authority in all or
any of the modes hereinafter mentioned, that is to say:—
(a) By the production of a copy of the Canada Gazette Canada
or of a volume of the Acts of the Parliament of Canada pur. * *
porting to contain a motice of such proclamation, order,
regulation or appointment;
(b.) By the production of a copy of such proclamation Copy ºinted
order, regulation or appointment, purporting to be printed " Q. P.
by the Queen's Printer for Canada; and—

1805
2
Chap. 139. Evidence. 49 WICT.
Copy or ex-
tract certified
by proper
authority.
JPrimă facie
evidence of
proclama-
tions, &c., of
Lieutenant
Governor, &c.
Official
Gazette.
Copy printed
by Govern-
ment Printer
Copy or ex-
tract certified
by the proper
authority.
Proof of hand-
writing, &c.,
not requisite.
Order signed
º Secretary
of State.
Copies of
notices, &c.,
in Canada.
Gazette.
(c) By the production, in the case of any proclamation,
order, regulation or appointment made or issued by the
Governor General or by the Governor in Council, of a copy
or extract purporting to be certified to be true by the clerk,
or assistant or acting clerk of the Queen's Privy Council for
Canada, and in the case of any order, regulation or appoint-
ment made or issued by or under the authority of any such
Minister or head of a department, by the production of a copy
or extract purporting to be certified as true by the Minister,
or by his deputy or acting deputy, or by the secretary or
acting secretary of the department over which he presides.
44 W., c. 25, s.90, part, and s, 91, and c. 28, s. 1.
4- Primá facie evidence of any proclamation, order, regu-
lation or appointment made or issued by a Lieutenant Gover-
nor or Lieutenant Governor in Council of any Province, or
by or under the authority of any member of the Executive
Council, being the head of any department of the Govern-
ment of the Province, may be given in all courts of justice
established by the Parliament of Canada and in all legal
proceedings whatsoever, civil or criminal, over which the
Parliament of Canada has legislative authority, in all or any
of the modes hereinafter mentioned, that is to say:—
(a.) By the production of a copy of the official Gazette for
the Province, purporting to contain a notice of such procla-
mation, Order, regulation or appointment;
(b.) By the production of a copy of such proclamation,
order, regulation or appointment, purporting to be printed
y the Government Printer for the Province;
(c.) By the production of a copy or extract of such procla-
mation, order, regulation or appointment, certified to be true
by the clerk or assistant or acting clerk of the Executive
Council, or by the head of any department of a Provincial
Government, or by his deputy or acting deputy, as the case
may be. 44 W., c. 28, s. 2.
5. No proof shall be required of the handwriting or official
position of any person certifying, in pursuance of this Act,
to the truth of any copy of or extract from any proclamation,
Order, regulation or appointment; and any such copy or
extract may be in print or in writing, or partly in print and
partly in writing. 44 W., c. 28, s. 3.
6- Any order in writing, signed by the Secretary of State
of Canada, and purporting to be written by command of the
Governor General, shall be received in evidence as the Order
of the Governor General. 41 W., c. 7, s. 6, part.
7. All copies of official and other notices, advertisements
and documents, printed in the Canada Gazette shall be primá
facie evidence of the originals, and of the contents thereof.
32-33 W., c. 7, s. 4.
- 1806
1886. Evidence. - Chap. 139. 3
8. A copy of any entry in any book of account kept in Gºpies of eº.
any department of the Government of Canada shall, in all º
courts established by the Parliament of Canada, and in all ment depart-
legal proceedings, civil and criminal, over which the Par- "...'.
liament of Canada has legislative authority, be received as proof thereof.
primá facie evidence of such entry and of the matters, trans-
actions and accounts therein recorded, if it is proved by the
oath or affidavit of an officer of such department that such
book was, at the time of the making of the entry, one of the
ordinary books kept in such department, that the entry was
made in the usual and ordinary course of business of such
department, and that such copy is a true copy thereof.
48-49 W., c. 48, s. 1.
9. The provisions of this Act shall be deemed to be in How this Act
addition to and not in derogation of any powers of proving ... *
documents given by any existing statute or existing at com-
mon law. 44 W., c. 28, s. 5. -
10. In all proceedings over which the Parliament of Application
Canada has legislative authority, the laws of evidence in º'
force in the Province in which such proceedings are taken evidence.
shall, subject to the provisions of this and other Acts of the
Parliament of Canada, apply to such proceedings.
OTTAWA : Printed by BRows CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty, -
1807
CHAPTER 140.
An Act respecting the taking of Evidence relating to A. D. 1886.
proceedings in Courts out of Canada.
, HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. In this Act, unless the eontext otherwise requires,- Hºprºtº-
(a.) The expression “court ’’ means and includes the ºurt.”
Supreme Court of Canada, and every superior court in any
Province of Canada ;
(b.) The expression “judge " means and includes any “Judge.”
judge of the Supreme Court of Canada and any judge of any
superior court in any Province of Canada;
(c.) The expression “cause ’’ includes a proceeding against “Cause.”
a criminal. 31 W., c. 76, s. 6, part ;-46 W., c. 35, s. 1, part.
2. Whenever, upon an application for that purpose, it is ... .". be
made to appear to any court or judge, that any court or tri-ji,
bunal of competent jurisdiction, in any other of Her Majesty's Canada of a
dominions, or in any foreign country, before which any * ,
. civil, commercial or criminal matter is pending, is desirous matter pend-
of obtaining the testimony in relation to such matter, of any #."
party or witness within the jurisdiction of such first men-
tioned court, or of the court to which such judge belongs or
of such judge, such court or judge may, in its or his dis-
Cretion, Order the examination upon oath upon interroga-
tories, or otherwise, before any person or persons named in
such order, of such party or witness accordingly, and by the
same or any subsequent order may command the attendance
of such party or witness for the purpose of being examined,
and for the production of any writings or other documents
mentioned in such order, and of any other writings or docu-
ments relating to the matter in question that are in the
possession or power of such party or witness. 31 W., c. 76,
S. 1;-46 V., c. 35, s. 1, part.
3. Upon the service upon such party or witness of such ºf
* - g of such order.
order and of an appointment of a time and place for the
examination of such party or witness, signed by the person
named in such order for taking the same, or if more than
one person is named, then by one of the persons named,
and upon payment or tender of the like conduct money as

1809
2
Chap. 140. Evidence, Proceedings out of Canada. . 49 WICT.
Conduct
money and
expenses.
Witness to .
have like
right of re-
fusal as at a
trial.
Examination
to be upon
oath or affir–
mation.
Rules and
orders may be
made by the
Court.
Powers of
local Legisla-
tures not
affected.
is properly payable upon attendance at a trial, such order
may be enforced in like manner as an order made by such
court or judge in a cause depending in such court or before
such judge. 31 W., c. 76, s. 2.
4. Every person whose attendance is required in manner
aforesaid shall be entitled to the like conduct money and
payment for expenses and loss of time as upon attendance at
a trial. 31 W., c. 76, s. 3. -
5- Any person examined under any order made under this
Act shall have the like right to refuse to answer questions
tending to criminate himself, and other questions, which a
party or witness, as the case may be, in any cause pending
in the court by which, or by a judge whereof, such order is
made, would be entitled to, and no person shall be compelled
to produce, under any such order, any writing or other docu-
ment that he could not be compelled to produce at a trial of
such a cause. 31 W., c. 76, s. 4. -
6- Any person authorized to take the examination of par-
ties or witnesses by any Order made in pursuance of this Act,
may take such examination upon the oath of the parties or
witnesses, or upon affirmation, in cases in which by the law
of the Province wherein such examination is taken, affirma-
tion is allowed instead of oath ; and such oath or affirmation
shall be administered by the person so authorized, or, if more
than One, then by one of such persons. 31 W., c. 76, s. 5, part.
7. The court may frame rules and orders in relation to
procedure, to the evidence to be produced in support of the
application for an order for examination of parties and wit-
messes under this Act, and generally for carrying this Act
into effect ; and in the absence of any order in relation to
such evidence, letters rogatory from any court of justice in
any other of the dominions of Her Majesty, or from any
foreign tribunal, in which such civil, commercial or criminal
matter is pending, shall be deemed and taken to be sufficient
evidence in support of such application. 31 W., c. 76, s. 6,
parl –46 W., c. 35, s. 1, part. i -
8. This Act shall not be so construed as to interfere with
the right of legislation of the Legislature of any Province
requisite or desirable for the carrying out the objects hereof.
31 W., c. 76, s. 7. {
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's
Most
Excellent Majesty. *
\
1810
CEIAPTER 141.
An Act respecting Extra-judicial Oaths.
W. D. 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, em{\ts a
follows:–
I. Every justice of the peace or other person whº admin- Penalty for
isters, or causes or allows to be administered, or £ceiveſ or ...”
causes, or allows to be received, any oath, affidayi mn without law-
affirmation, touching any matter orthing where ful warrant.
or other person has not jurisdiction or cogniz -
law in force at the time being, or authorized ºf requjred by
any such law, is guilty of a misd or and/liable to a fine
not exceeding fifty dollars, or to impyi
not exceeding three months. 37
2. Nothing herein contained * Nonstruefl to extend Act not to
to any oath, affidavit or solemn ºffirmation before/any justice º
in any matter or thing touching the preservátion of the affidavitsänd
peace, or the prosecution, trialſºr punishment ºf any offence,"
or to any oath, affidavit or afiyimation pyºguired. Wr authorized
by any law of Canada, or the Pro
such oath, affidavit or affi
wit or
is required by the f any Vforeign
validity to instrume e
such foreign countries
ublic notary or other Solemn de-
functionary authorized by to a/minister an oath, may ...”
receive the solemn declarãºon offany person voluntarily ºr "
making the same before him, in tºſe form in the schedule to
this Act, in attest £he ex}^ution of any written deed
or instrument, or ns of/act, or of any account ren-
dered in writing. º, c. 37/s. 1, part.
3. Amy judge, justicë O
4. Amy affidavit, affirmation or declaration required by Before whom
any fire, life or marine insurance company, authorized by "..."
law to do business in Camada, in regard to any loss of pro-insurance
perty or life insured or assured therein, may be taken before ...”
any commissioner authorized to take affidavits, or before º
any justice of the peace, or before any notary public for any
Province of Canada; and any such officer is hereby required































36% I 81 I.
Chap. 141. Eactra-Judicial Oaths. 49 WICT.
to take such affidavit, affirmation or declaration. 32-33 W.,
c. 23, S. 4.
-*==s*-
SCHEDULE.
I,5A. B., do solemnly declare that (state the fact or facts
declared to), and I make this solemn declaration conscienti-
ously believing the same to be true, and by virtue of the
“Act respecting eactra-judicial Oaths.”
37 v., c. 37, schedule.
OTTA WA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Mot
- Excellent Majesty. -
1812
CHAPTER 142.
An Act respecting the Extradition of Fugitive Criminals. A. D. 1886.
Hº Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:–
SHORT TITLE.
I. This Act may be cited as “The Ea:tradition Act.” 40 W., Short title.
c. 25, s. 24.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “extradition arrangement,” or “ar- *śradition
rangement,” means a treaty, convention or arrangement made arrange-
by Her Majesty with a foreign state for the surrender of “”"
fugitive criminals, and which extends to Canada; -
(b.) The expression “extradition crime” may mean any “Extradition
crime which, if committed in Canada, or within Canadian "*"
jurisdiction, would be one of the crimes described in the
first schedule to this Act, and, in the application of this Act
to the case of any extradition arrangement, means any crime
described in such arrangement, whether comprised in the
said schedule or not ;
(c.) The expressions “conviction ” and “convicted ” do not Convic-
include the case of a condemnation under foreign law by 3.1,
reason of contumacy; but the expression “accused person" tº A.
includes a person so condemned ; - “ person.”
(d.) The expressions “fugitive ’’ and “fugitive criminal” . Fugitive
mean a person being or suspected of being in Canada, who “ ”
is accused or convicted of an extradition crime committed
within the jurisdiction of any foreign state;
(e.) The expression “foreign state’’ includes every colony, ‘Foreign
dependency and constituent part of the foreign state; and "*"
every vessel of any such state shall be deemed to be within
the jurisdiction of and to be part of the state;
(f) The expression “warrant,” in the case of a foreign “Warrant.”
state, includes any judicial document authorizing the arrest
of a person accused or convicted of crime ;
(g.) The expression “judge" includes any person author- “Judge.”
ized to act judicially in extradition matters. 40 V., c. 25, s. 1.

364% 1813 -
2
Chap. 142. Eactradition Act. 49 WICT.
As to existing
arrangements.
As to limita-
tions, qualifi-
cations and
exceptions.
Imp. Act
33-34 V., c. 52.
Orders under
this Act may
be revoked.
If the applica-
tion of this
Act depends
on an Order
in Council.
Publication
of Orders in
Council.
Effect of pub-
lication in the
Canada
Gazette.
What judges
may act in
cases under
this Act.
APPLICATION OF ACT.
$. In the case of any foreign state with which there is, at or
after the time when this Act comes into force, an extradition
arrangement, this Act shall apply during the continuance of
such arrangement; but no provision of this Act, which is
inconsistent with any of the terms of the arrangement, shall
have effect to contravene the arrangement; and this Act
shall be so read and construed as to provide for the execu-
tion of the arrangement :
2. In the case of any foreign state with respect to which
the application to the United Kingdom of the Act of the
Parliament of the United Kingdom, passed in the year one
thousand eight hundred and seventy, and intituled “An Act
for amending the Law relating to the Eastradition of Criminals,”
is made subject to any limitation, condition, qualification or
exception, the Governor in Council shall make the applica-
tion of this Act, by virtue of this section, subject to such
limitation, condition, qualification or exception:
3. The Governor in Council may, at any time, revoke or
alter, subject to the restrictions of this Act, any order made
by him in council under this Act, and all the provisions of
this Act with respect to the original order shall, so far as
applicable, apply mutatis mutandis to the new order. 40 W.,
c. 25, s. 4.
4. This Act, so far as its application in the case of any
foreign state, depends on or is affected by any Order in Coun-
cil made under this Act or referred to therein, shall apply,
or its application shall be affected from and after the time
specified in the order, or, if no time is specified, after the
date of the publication of the order in the Canada Gazette :
2. Any order of Her Majesty in Council, referred to in this
Act, and any Order of the Governor in Council made under
this Act, and any extradition arrangement not already pub-
lished in the Canada Gazette, shall be, as soon as possible,
published in the Canada Gazette and laid before both Houses
of Parliament: -
3. The publication in the Canada Gazette of an extradition
arrangement, or an Order in Council, shall be evidence of
such arrangement or order, and of the terms thereof, and of
the application of this Act, pursuant and subject thereto;
and the court or judge shall take judicial notice, without
proof, of such arrangement or order, and the validity of the
order and the application of this Act, pursuant and subject
thereto, shall not be questioned. 40W., c. 25, s. 5.
JUDGES AND COMMISSIONERS.
5. All judges of the superior courts and of the county
Courts of any Province, and all commissioners who are, from
time to time, appointed for the purpose, in any Province by
the Governor in Council, under the Great Seal of Canada,
1814
1886. Eactradition Act. Chap. 142. 3
- |
by virtue of this Act, are authorized to act judicially in
extradition matters under this Act, within the Province; and
every such person shall, for the purposes of this Act, have
all the powers and jurisdiction of any judge or magistrate
of the Province : - •
2. Nothing in this section shall be construed to confer on No ºbeds
:-- ºl. ge e º 'º i º g - * * - - r corpus power.
any judge any jurisdiction in habeas corpus matters. 40 W.,
c. 25, s. 8.
EXTRADITION FROM CAN AIDA.
6- Whenever this Act applies, a judge may issue his war- On what
rant for the apprehension of a fugitive on a foreign warrant . may
of arrest, or an information or complaint laid before him, and issue.
on such evidence or after such proceedings, as in his opinion
would, subject to the provisions of this Act, justify the issue
of his warrant if the crime of which the fugitive is accused
or alleged to have been convicted had been committed in
Canada:
2. The judge shall forthwith send a report of the fact of Report to
the issue of the warrant, together with certified copies of . of
the evidence and foreign warrant, information or complaint, UlSUICe.
to the Minister of Justice, 40 W., c. 25, s. 11.
7. A warrant issued under this Act may be executed in Execution of
any part of Canada, in the same manner as if it had been "*
Originally issued, or subsequently indorsed, by a justice of
the peace having jurisdiction in the place where it is exe-
Cuted. 40 W., c. 25, s. 10.
8. Every fugitive criminal of a foreign state, in the case Surrender not
of which state this Act applies, shall be liable to be appre- ...,
hended, committed and surrendered in the manner provided offence was
in this Act, whether the crime or conviction, in respect of .”
which the surrender is sought, was committed or took place
before or after the date of the arrangement, or of the coming
into force of this Act, or of the application of this Act in the
case of such state, and whether there is or is not any Crim-
inal jurisdiction in any court of Her Majesty's dominions
over the fugitive, in respect of the crime. 40 W., c. 25, s. 7.
9. The fugitive shall be brought before a judge, who Fugitive to be
shall, subject to the provisions of this Act, hear the case, in ºbs.
the same manner, as nearly as may be, as if the fugitive was judge.
brought before a justice of the peace, charged with an in-
dictable offence committed in Canada :
2. The judge shall receive upon oath, or affirmation if ...ºf
affirmation is allowed by law, the evidence of any witness o Y -
tendered to show the truth of the charge or the fact of the
conviction : -
3. The judge shall receive, in like manner, any evidence ºvidence that
tendered to show that the crime of which the fugitive is "***
1815
4
Chap. 142, Ea:tradition Act. 49 WICT.
not an extra-
dition crime.
J)epositions
taken out of
Canada.
When to be
deemed au-
thenticated.
What evi-
idence shall
be sufficient
to justify
committal.
Judge shall,—
Give certain
information to
fugitives,
Transmit evi-
dence to Min-
ister of
Justice.
By whom re-
quisition for
accused or alleged to have been convicted is an offence of a
political character, or is, for any other reason, not an extradi-
tion crime; or that the proceedings are being taken with a
view to prosecute or punish him for an offence of a political
character. 40 W., c. 25, s. 12. &
10. Depositions or statements taken in a foreign state On
oath, or on affirmation, where affirmation is allowed by the
law of the state, and copies of such depositions or state-
ments, and foreign certificates of, or judicial documents stat-
ing the fact of conviction, may, if duly authenticated, be
received in evidence in proceedings under this Act:
2. Such papers shall be deemed duly authenticated if
authenticated in manner provided, for the time being, by
law, or if authenticated as follows:–
(a.) If the warrant purports to be signed by, or the certifi-
cate purports to be certified by, or the depositions or state-
ments, or the copies thereof, purport to be certified to be the
originals or true copies, by a judge, magistrate or officer of
the foreign state ; * +
(b.) And if the papers are authenticated by the oath or
affirmation of some witness, or by being sealed with the
official seal of the Minister of Justice, or some other minis-
ter of the foreign state, or of a colony, dependency or Con-
stituent part of the foreign state ; of which seal the judge
shall take judicial notice without proof. 40 W., c. 25, s. 9.
HH- If, in the case of a fugitive alleged to have been con-
victed of an extradition crime, such evidence is produced
as would, according to the law of Canada, subject to the
provisions of this Act, prove that he was so convicted,—and
if, in the case of a fugitive accused of an extradition crime,
such evidence is produced as would, according to the law
of Canada, subject to the provisions of this Act, justify his
committal for trial, if the crime had been committed in
Canada, the judge shall issue his warrant for the committal
of the fugitive to the nearest convenient prison, there to re-
main until surrendered to the foreign state, or discharged
according to law ; but otherwise the judge shall order him.
to be discharged. 40 W., c. 25, s. 13.
12. If the judge commits a fugitive to prison, he shall,
on such committal,—
(a.) Inform him that he will not be surrendered until after
the expiration of fifteen days, and that he has a right to
apply for a writ of habeas corpus ; and— s
(b.) Transmit to the Minister of Justice a certificate of the
committal, with a copy of all the evidence taken before
him, not already so transmitted, and such report upon the
case as he thinks fit. 40 W., c. 25, s. 14.
13- A requisition for the surrender of a fugitive criminal
of a foreign state who is, or is suspected to be in Canada,
1816
1886. Eaclºradition Act. Chap. 142.
:
ex
may be made to the Minister of Justice by any person
recognized by him as a consular officer of that state resident
at Ottawa, or by any minister of that state communicating
with the Minister of Justice through the diplomatic repre-
sentative of Her Majesty in that state, or if neither of these
modes is convenient, then in such other mode as is settled
by arrangement. 40 W., c. 25, s. 15.
14. No fugitive shall be liable to surrender under this Act
if it appears, • * - . . .
(a.) That the offence in respect of which proceedings are
taken under this Act is one of a political character ; or—
(b.) That such proceedings are being taken with a view to
prosecute or punish him for an offence of a political character.
40 W., c. 25, s. 6. +
15. If the Minister of Justice at any time determines,
(a.) That the offence in respect of which proceedings are
being taken under this Act is one of a political character;
(b.) That the proceedings are, in fact, being taken with a
view to try or punish the fugitive for an offence of a polit-
ical character; or— + -
(c.) That the foreign state does not intend to make a re-
Quisition for surrender, - -
He may refuse to make an order for surrender, and may,
by order under his hand and seal, cancel any order made by
him, or any warrant issued by a judge under this Act, and
order the fugitive to be discharged out of custody on any
committal made under this Act; and the fugitive shall be dis-
charged accordingly. 40 W., c. 25, s. 16 ;—45 V., c. 20, s. 1.
16. A fugitive shall not be surrendered until after the
expiration of fifteen days from the date of his committal for
surrender ; or if a writ of habeas corpus is issued, until after
the decision of the court remanding him :
2. A fugitive who has been accused of an offence within
Canadian jurisdiction, not being the offence for which his
surrender is asked, or who is undergoing sentence under a
conviction in Canada, shall not be surrendered until after he
has been discharged, whether by acquittal or by expiration
of his sentence, or otherwise. 40 W., c. 25, s. 17.
17. Subject to the provisions of this Act, the Minister.
of Justice, upon the requisition of the foreign state, may,
under his hand and seal, order a fugitive who has been
committed for surrender to be surrendered to the person or
persons who are, in his opinion, duly authorized to receive
him in the name and on behalf of the foreign state, and he
shall be so surrendered accordingly :
2. Amy person to whom such order is directed may deliver,
and the person so authorized may receive, hold in custody
and convey the fugitive within the jurisdiction of the foreign
surrender may
be made.
When the
fugitive shali
not be liable
to surrender-
In cases
specified, Min-
ister may re-
fuse to make
order or may
cancel order .
already made.
Delay before
Surrentler-
If fugitive is
an offender
under Call-
adian law. .
Minister may
order sur-
render of
fugitive to
officer of a
foreign state.
Powers of
such officer.
- - 1817
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8ISI
1886. JEict radition Act. Chap. 142. 7.
ance of any extradition arrangement, such person shall not, Nº. f*
until after he has been restored or has had an opportunity to arrange- y
of returning to the foreign state within the meaning of **
the arrangement, be subject, in contravention of any of the
terms of the arrangement, to any prosecution or punish-
ment in Canada for any other offence committed prior to
his surrender, for which he should not, under the arrange-
ment, be prosecuted. 40 W., c. 25, s. 23.
T,IST OF CRIMES.
24. The list of crimes in the first schedule to this Act Hºw list of
shall be construed according to the law existing in Canada ãºhan
at the date of the alleged crime, whether by common law or º:
by statute made before or after the passing of this Act, and Strued.
as including only such crimes, of the descriptions com-
prised in the list, as are, under that law, indictable offences.
40 W., c. 25, second schedule, part.
FIRST SCHEDULE.
List of Crimes.
(1.) Murder, or attempt or conspiracy to murder;
(2) Manslaughter;
(3.) Counterfeiting or altering money, and uttering coun-
terfeit or altered money; -
(4.) Forgery, counterfeiting or altering, or uttering what
is forged, counterfeited or altered ;
(5.) Larceny ; .
(6.) Embezzlement;
(7.) Obtaining money or goods, or valuable securities, by
false pretences;
(8.) Crimes against bankruptcy or insolvency law ;
(9.) Fraud by a bailee, banker, agent, factor, trustee, or by
a director or member or officer of any company, which fraud
is made criminal by any Act for the time being in force ;
(10.) Tape ;
(11.) Abduction ;
(12.) Child stealing ;
(13.) Kidnapping;
(14.) False imprisonment;
(15.) Burglary, house-breaking or shop-breaking;
(16.) Arson ;
(17.) Robbery;
(18.) Threats, by letter or otherwise, with intent to extort;
(19.) Perjury or subornation of perjury;
(20.) Piracy by municipal law or law of nations, committed
on board of or against a vessel of a foreign state;
(21.) Criminal scuttling or destroying such a vessel at sea,
whether on the high seas or on the great lakes of North
America, or attempting or conspiring to do so;
1819
Chap. 142. Eactradition Act. 49 Vior.
(22.) Assault on board such vessel at sea, whether on the
high seas or on the great lakes of North America, with intent
to destroy life or to do grievous bodily harm ; -
(23.) Revolt, or conspiracy to revolt, by two or more per-
sons on board such a vessel at sea, whether on the high seas
or on the great lakes of North America, against the authori-
ty of the master; -
(24.) Any offence under either of the following Acts, and
not included in any foregoing portion of this schedule :-
(a.) “An Act respecting Offences against the Person ;”
(b.) “The Larceny Act;” - -
(c.) “An Act respect ºng Forgery; ”
(d.) “An Act respecting Offences relating to the Coim ;”
(e.) “An Act respecting Malicious Injuries to Property;”
(25.) Any offence which is, in the case of the principal
offender, included in any foregoing portion of this schedule,
and for which the fugitive criminal, though not the principal,
is liable to be tried or pumished as if he were the principal.
40 W., c. 25, second schedule, part.
SECOND SCHEDULE.
FORM ONE.
Form of Warrant of Apprehension.
*==
To wit ... —
To all and each of the constables of
Whereas it has been shown to the undersigned, a judge
under “ The Eartradition Act,” that
late of - is accused (or convicted) of the
crime of within the jurisdiction of -
This is therefore to command you, in Her Majesty's name,
forthwith to apprehend the said and to
bring him before me, or some other judge under the said
Act, to be further dealt with according to law ; for which
this shall be your warrant.
Given under my hand and seal at this
day of A.D.
FORM TWO.
Form of Warrant of Committal.
2
To wit :—
To one of the constables of
and to the keeper of the
at
Be it remembered that on this day of
in the year at is
brought before me a judge under “The
1820
1886. Extradition Act. Chap. 142.
JEactradition Act,” - who has been
apprehended under the said Act, to be dealt with according
to law ; and forasmuch as I have determined that he should
be surrendered in pursuance of the said Act, on the ground
of his being accused (or convicted) of the crime of
within the jurisdiction of
This is therefore to command you, the said constable, in
Her Majesty's name, forthwith to convey and deliver the
said into the custody of
the keeper of the - at and
you, the said keeper, to receive the said
into your custody, and him there safely to keep
until he is thence delivered pursuant to the provisions of
the said Act, for which this shall be your warrant.
Given under my hand and seal at this
day of A.D.
4.
*=s=====ºmsºmº
FORM THREE.
Form of Order of Minister of Justice for Surrender.
To the keeper of the at
and to
Whereas - late of
accused (or convicted) of the crime of
within the jurisdiction of
was delivered into the custody of you, the keeper of the
- at by warrant
dated pursuant to “The Ea:tradition
Act.”
Now I do hereby, in pursuance of the said Act, order you,
the said keeper, to deliver the said
into the custody of the said
; and I command you, the
said to receive the said * = into
your custody, and to convey him within the jurisdiction of
the said and there place him in
the custody of any person or persons (or of
) appointed by the said to
receive him : for which this shall be your warrant.
Given under the hand and seal of the undersigned Minister
of J º of Canada, this day of
.D.
40 V., c. 25, third schedule.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1821
An Act respecting fugitive offenders in Canada from A. D. 1886.
other parts of Her Majesty's Dominions.
ETER Majesty, by and with the advice and consent of the
**- : Senate and House of Commons of Canada, enacts as
£follows:— -
SHORT TITLE.
1. This Act may be cited as “The Fugitive Offenders Act.” Short title.
45 W., c. 21, s. 1.
INTERPRETATION.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “magistrate ’’ means any justice of the *gistrate.”
peace or any person having authority to issue a warrant for
the apprehension of persons accused of offences, and to com-
mit such persons for trial; -
(b.) The expression “deposition” includes every affidavit, ºr
... affirmation, or statement made upon oath ; 1OIl.
(c.) The expression “court” means,—in the Province of “Court.”
Ontario, the High Court of Justice for Ontario; in the Pro-
vince of Quebec, the Superior Court; in the Province of Nova
Scotia, the Supreme Court ; in the Province of New Bruns-
wick, the Supreme Court; in the Province of Prince Edward
Island, the Supreme Court of Judicature; in the Province
of British Columbia, the Supreme Court; in the Province of
Manitoba, Her Majesty's Court of Queen's Bench for Mani-
toba ; in the North-West Territories, a judge of the Supreme
Court of the North-West Territories ; in the District of Kee-
watin, a stipendiary magistrate ; and also in the said Terri-
tories and District such court or magistrate or other judicial
authority as is designated, from time to time, by proclama-
tion of the Governor in Council, published in the Canada
Gazette, 45 W., c. 21, s. 16, part ;-49 W., c. 25, s. 30.
APPLICATION OF ACT. -
3. This Act shall apply to the following offences, that is to Tº what
say: to treason and to piracy, and to every offence, whether º
called felony, misdemeanor, crime or by any other name,
which is for the time being punishable in the part of Her
Majesty’s dominions in which it was committed, either on


- 1823
Chap. 143. Fugitive Offenders. 49 WICT.
Application
to acts not
offences by
Canadian
law.
Application
to persons
unlawfully
at large.
As to offences
'Committed be-
bore com-
mencement of
JAct.
Apprehension
and return of
fugitive
offenders.
Yarrant.
Proceedings
in Canada on
Wilrrant,
issued else-
where.
Issue of pro-
visional
Warrant.
indictment or information, by imprisonment with hard labor
for a term of twelve months or more, or by any greater pun-
ishment, and, for the purposes of this section, rigorous im-
prisonment, and any confinement in a prison combined with
labor, by whatever name it is called, shall be deemed to be
imprisonment with hard labor:
2. This Act shall apply to an offence, notwithstanding
that, by the law of Canada, it is not an offence or not an
offence to which this Act applies; and all the provisions of
this Act, including those relating to a provisional warrant
and to a committal,to prison, shall be construed, as if the
offence were in Canada an offence to which this Act applies:
3. This Act shall apply, so far as is consistent with the
tenor thereof, to every person convicted by a court in any
part of Her Majesty's dominions, of an offence committed
either in Her Majesty's dominions or elsewhere, who is un-
lawfully at large before the expiration of his sentence, in like
manner as it applies to a person accused of the like offence
committed in the part of Her Majesty's dominions in which
such person was convicted : - , , ,
4. This Act shall apply in respect to offences committed
before the commencement of this Act, in like manner as if
such offences were committed after such commencement.
45 V., c. 21, ss. 8, 14 and 15.
RETURN OF FUGITIVES.
4. Whenever a person accused of having committed an
offence to which this Act applies in any part of Her Ma-
jesty's dominions, except Canada, has left that part, such
person, in this Act referred to as a fugitive from that part, if
found in Canada, shall be liable to be apprehended and re-
turned, in the manner provided by this Act, to the part from
which he is a fugitive :
2. A fugitive may be so apprehended under an indorsed
warrant or a provisional warrant. 45 V., c. 21, s. 2. '
5. Whenever a warrant has been issued in a part of Her
Majesty's dominions for the apprehension of a fugitive from
that part who is or is suspected to be in or on the way to
Canada, the Governor General or a judge of a court, if
satisfied that the warrant was issued by some person having
lawful authority to issue the same, may indorse such war-
rant in manner provided by this Act, and the warrant so
indorsed shall be a sufficient authority to apprehend the
fugitive in Canada and bring him before a magistrate. 45W.,
c. 23, s. 3.
6. A magistrate in Canada may issue a provisional war-
rant for the apprehension of a fugitive who is or is suspected
of being in or on his way to Canada, on such information
and under such circumstances as would, in his opinion,
1824
1886. - Fugitive Offenders. Chap. 143. 3
justify the issue of a warrant, if the offence of which the
fugitive is accused had been committed within his jurisdic-
tion; and Such warrant may be backed and executed accord-
ingly : - -
2. A magistrate issuing a provisional warrant shall forth- Report to
with send a report of the issue, together with the informa- *
tion or a certified copy thereof, to the Governor General;
and the Governor General may, if he thinks fit, discharge the Governor
person apprehended under such warrant. 45 W., c. 21, s. 4. º
7. A fugitive, when apprehended, shall be brought be- Fugitive tº
fore a magistrate, who, subject to the provisions of this Act, lºg.
shall hear the case in the same manner and have the same istrate.
jurisdiction and powers, as nearly as may be, including the
power to remand and admit to bail, as if the fugitive was
charged with an offence committed within his jurisdiction :
2. If the indorsed warrant for the apprehension of the Gommittal of
fugitive is duly authenticated, and such evidence is pro- "4".
duced as, subject to the provisions of this Act, according to
the law ordinarily administered by the magistrate, raises a
strong or probable presumption that the fugitive committed
the offence mentioned in the warrant, and that the offence
is one to which this Act applies, the magistrate shall com-
mit the fugitive to prison to await his return, and shall forth- Report to
with send a certificate of the committal and such report of 3. r
the case, as he thinks fit, to the Governor General : - -
3. Whenever the magistrate commits the fugitive to prison, Magistrate
he shall inform the fugitive that he will not be surrendered ºne
until after the expiration of fifteen days, and that he has a #. Cer-
right to apply for a writ of habeas corpus or other like pro- * *
(6SS .
4. A fugitive apprehended on a provisional warrant may, Remand of
from time to time, be remanded for such reasonable time, *
not exceeding seven days at any one time, as under the cir- -
cumstances seems requisite for the production of an indorsed
warrant. 45 W., c. 21, s. 5.
8. Upon the expiration of fifteen days, after a fugitive has Order for the
been committed to prison to await his return,--Or if a writ of º the
habeas corpus or other like process is issued by a court, with `
reference to such fugitive, after the final decision of the
court in the case, the Governor General, by warrant under
his hand, if he thinks it just, may order the fugitive to be Warrant.
returned to the part of Her Majesty's dominions from which
he is a fugitive, and for that purpose to be delivered into
the custody of the persons to whom the warrant is addressed,
or some one or more of them, and to be held in custody, and
conveyed to the said part of Her Majesty's dominions, to be
dealt with there, in due course of law, as if he had been
there apprehended; and such warrant shall be forth with
executed according to the tenor thereof 45 W., c. 21, s. 6.
1825 - -
4 Chap. 143. Fugitive Offenders. - 49 VICT,
§ 9. If a fugitive who, in pursuance of this Act, has been
- e s - te e º e
§ not committed to prison in Canada to await his return, is not
returned conveyed out of Canada within two months after such com-
** mittal, the court, upon application, by or on behalf of the
fugitive, and upon proof that reasonable motice of the inten-
tion to make such application has been given to the Gover-
nor General, may, unless sufficient cause is shown to the
contrary, order the fugitive to be discharged out of custody.
45 V., c. 21, s. 7.
§ may 10. Whenever it is made to appear to the court that by
ischarge º tº e - - - - º
Fºn reason of the trivial nature of the case, or by reason of the
trivial cases, application for the return of a fugitive not being made in
good faith, in the interests of justice or otherwise, it would,
having regard to the distance, to the facilities for communi-
cation, and to all the circumstances of the case, be unjust or
oppressive or too severe a punishment to return the fugitive
either at all or until the expiration of a certain period, such
court may discharge the fugitive, either absolutely or on
bail, or order that he shall not be returned until after the
expiration of the period named in the order, or may make
such other order in the premises, as to the court seems just.
45 W., c. 21, s. 9.
Fugitive who II. A fugitive who has been accused of an offence within
ºs Canadian jurisdiction, not being the offence for which his
- surrender is asked, or who is undergoing sentence under a
conviction in Canada, shall not be surrendered until after he
has been discharged, whether by acquittal or by expiration
of his sentence, or otherwise. -
Search war- 12. Whenever a warrant, for the apprehension of a person
...' * accused of an offence, has been indorsed in pursuance of
this Act, in Canada, any magistrate in Canada shall have
the same power of issuing a warrant to search for any pro-
perty alleged to have been stolen or to be otherwise unlaw-
fully taken or obtained by such person, or otherwise to be
the subject of such offence, as that magistrate would have if
the property had been stolen or otherwise unlawfully taken
or obtained, or the offence had been committed wholly within
the jurisdiction of such magistrate. 45 V., c. 21, s. 10.
fºr ºf 18- Amy judge of the court may, either in term time or
jº vacation, exercise in chambers, all the powers conferred by
this Act upon the court. 45 W., c. 21, s. 16, part.
. of º 14. An indorsement of a warrant in pursuance of this Act
... " shall be signed by the authority indorsing the same, and
shall authorize all or any of the persons named in the indorse-
ment, and of the persons to whom the warrant was originally
directed, and also every constable, to execute the warrant
within Canada by apprehending the person named in it, and
‘...) as
1886, Fugitive Offenders. Chap. 143. 5
bringing him before a magistrate in Canada, whether he is
the magistrate named in the indorsement or some other :
2. Every warrant, summons, subpoena and process, and As to death
every indorsement made in pursuance of this Act thereon, ...”
shall, for the purposes of this Act, remain in force, notwith-
standing that the person signing the warrant or such in-
dorsement dies or ceases to hold office. 45 W., c. 21, s. 11.
15. Whenever a fugitive or prisoner is authorized to be How the
returned to any part of Her Majesty's dominions in pursuance #.
of this Act, such fugitive or prisoner may be sent thither in *
any ship registered in Canada or belonging to the Govern-
ment of Canada:
2. The Governor General, for the purpose aforesaid, may, Order to
by the warrant for the return of the fugitive, order the É.i.
master of any ship registered in Canada, bound to the said ships to
part of Her Majesty's dominions, to receive such fugitive or §,
prisoner, and afford a passage and subsistence during the
Voyage to him, and to the person having him in custody,
and to the witnesses; but such master shall not be required Proviso.
to receive more than one fugitive or prisoner for every hun-
dred tons of his ship's registered tonnage, or more than one
witness for every fifty tons of such tonnage :
3. The Governor General shall cause to be indorsed upon Indorsement
the agreement of the ship such particulars with respect to ...}.
any fugitive prisoner or witness sent in her, as the Minister ship.
of Marine and Fisheries, from time to time, requires:
4. Every such master shall, on his ship's arrival in the Duty of mit5.
said part of Her Majesty's dominions, cause such fugitive sº
or prisoner, if he is not in the custody of any person, to be
given into the custody of some constable there, to be dealt
with according to law :
5. Every master who fails, on payment or tender of a Penalty fºr
reasonable amount for expenses, to comply with an order ...”
made in pursuance of this section, or to cause a fugitive or
prisoner committed to his charge to be given into custody
as required by this section, shall be liable, on summary con-
viction, to a penalty not exceeding two hundred dollars.
45 W., c. 21, s. 12.
EWIIDENCE.
16. A magistrate may take depositions for the purposes Depositions.
of this Act, in the absence of a person accused of an offence,
in like manner as he might take the same if such person
was present and accused of the offence before him. 45 W.,
c. 21, s. 13, part.
17. Depositions whether taken in the absence of the fugi- Their use in
tive or otherwise and copies thereof, and official certificates *
of, or judicial documents stating facts, may, if duly authen-
ticated, be received in evidence in proceedings under this
Act. 45 V., c. 21, s. 13, part.
37% J827
6
Chap. 143. Fugitive Offenders. 49 WICT.
Authentica-
tion of war-
rants and
other docu-
mentS.
Judicial
notice.of
authentica-
tion.
18. Warrants and depositions, and copies thereof, and
official certificates of, or judicial documents stating facts,
shall be deemed duly authenticated for the purposes of this
Act if they are authenticated in manner provided for the
time being by law, or if they purport to be signed by or
authenticated by the signature of a judge, magistrate or officer
of the part of Her Majesty's dominions in which the same
are issued, taken or made, and are authenticated either by
the oath of some witness, or by being sealed with the official
seal of a Secretary of State, or with the public seal of a
British possession, or with the official seal of a Governor of
a British possession, or of a Colonial Secretary, or of some
secretary or minister administering a department of the gov-
ernment of a British possession; and all courts and magis-
trates shall take judicial notice of every such seal as is in
this section mentioned, and shall admit in evidence without
further proof the documents authenticated by it. 45 V., c. 21,
s. 13, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1828
CHAPTER 144.
An Act respecting the application of the Criminal Law A. D. 1886.
of England to the Provinces of Ontario and British
Columbia.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
ONTAR.I.O.
1- The criminal law of England, as it stood on the seven- ºw
teenth day of September, in the year one thousand seven jºin
hundred and ninety-two, and as the same has since been Ontario.
repealed, altered, varied, modified or affected by any Act of
the Parliament of the United Kingdom having force of law
in the Province of Ontario, or by any Act of the Parliament
of the late Province of Upper Camada, or of the Province of
Jamada, still having force of law, or by any Act of the Parlia-
ment of Canada, shall be the criminal law of the Province
of Ontario. C. S. U. C., c. 94. -
BRITISH COLUMBIA.
2. The criminal law of England, as it stood on the nine- And in British
teenth day of November, in the year one thousand eight 99".
hundred and fifty-eight, and as the same has since been re-
pealed, altered, varied, modified or affected by any ordinance
or Act (still having the force of law) of the colony of British
Columbia, or of the colony of Vancouver Island, before the
union of such colonies or of the colony of British Columbia,
passed since such union, or by any Act of the Parliament of
Canada, shall be the criminal law of the Province of British
Columbia. R. S. B. C., c. 70, s. 2, part.
OTTA WA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.

CHAPTER 145.
An Act respecting Accessories. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:
FEI,ONIES.
1. Every one who becomes an accessory before the fact to Accessories ...
any felony, whether the same is a felony at common law, or lsº
by virtue of any Act, may be indicted, tried, convicted and ishable as
punished in all respects as if he were a principal felon. Pºº"
31 W., c. 69, s. 9, part, and c. 72, s. 1;-32-33 W., c. 20, s. 8, part,
and c. 21, s. 107, part.
2. Every one who counsels, procures or commands any Punishment
other person to commit any felony, whether the same is a tºº.
felony at common law, or by virtue of any Act, is guilty of &c.; the cºrn-
felony, and may be indicted, and convicted either as an iº"
accessory before the fact to the principal felony, together
with the principal felon, or after the conviction of the prim-
cipal felon,--or may be indicted and convicted of a substan-
tive felony, whether the principal felon has or has not been
convicted, or is or is not amenable to justice,—and may there-
upon be punished in the same manner as any accessory before
the fact to the same felony, if convicted as an accessory, may
be punished. 31 W., c. 72, s. 2. -
•-
3. In every felony, every principal in the second degree Punishment of
shall be punishable in the same manner as the principal in ...""
the first degree is punishable. 31 W., c. 69, S. 9, part, and degree.
c. 72, s. 3;-32-33 W., c. 21, s. 107, part.
4. Every one who becomes an accessory after the fact to Accessories
any felony, whether the same is a felony at common law or sº
by virtue of any Act, may be indicted and convicted, either dicted as such
as an accessory after the fact to the principal felony, together ...*
with the principal felon, or after the conviction of the prim- * tº vºn A. “… e.
cipal felon, or may be indicted and convicted of a substan-
tive felony, whether the principal felon has or has not been
convicted, or is or is not amenable to justice, and may there-
upon be punished in like manner as any accessory after the
fact to the same felony, if convicted as an accessory, may be
punished. 31 W., c. 72, s. 4:-32-33 W., c. 20, s. 8, part.

- 1831
<)
Chap 145. Accessories. 49 VICT.
~~
Punishment
of accessories
after the fact.
Prosecution
of accessory
after princi-
pal offender
convicted, &c.
Abettors, in
misdemeanors
punishable as
principals.
Abettors in
offences pun-
ishable sum-
marily pull-
ishable as
principals.
5. Every accessory after the fact to any felony (except
when it is otherwise specially enacted), whether the same
is a felony at common law, or by virtue of any Act, shall be
liable to imprisonment for any term less than two years.
31 W., c. 69, s. 9, part, and c. 72, s. 5, part —32-33 W., c. 19,
S. 57, part. . f
6. If any principal offender is, in any wise, convicted of
any felony, any accessory, either before or after the fact, may
be proceeded against in the same manner as if such princi-
pal felon had been attainted thereof, notwithstanding such
principal felon dies or is pardoned or otherwise delivered
before such attainder ; and every such accessory shall, upon
conviction, suffer the same punishment as he would have
suffered if the principal had been attainted. 31 W., c. 72,
s. 6;-32-33 W., c. 20, s. 8, part.
MISDEMEANORS.
7. Every one who aids, abets, counsels or procures the
commission of any misdemeanor, whether the same is a mis-
demeanor at common law, or by virtue of any Act, is guilty
of a misdemeanor and liable to be tried, indicted and pun-
ished as a principal offender. 31 W., c. 72, s. 9;-32-33 W.,
c. 10, s. 57, part, and c. 21, s. 107, parſ —35 V., c. 32, s. 13 ;-
40 W., c. 32, s. 1, part.
OFFENCEs PUNISHABLE ON SUMMARY CON VICTION.
S. Every one who aids, abets, counsels or procures the com-
mission of any offence punishable on summary conviction,
either for every time of its commission, or for the first and
second time only, or for the first time only, shall, on convic-
tion, be liable for every first, second or subsequent offence,
of aiding, abetting, counselling or procuring, to the same
forfeiture and punishment to which a person guilty of a first,
second or subsequent offence as a principal offender, is liable.
32-33 W., c. 21, s. 108, and c. 22, s. 70, and c. 31, s. 15, part ;-
33 W., c. 31, s. 5, part.
OTT AWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1832
CHAPTER 146.
An Act respecting Treason and other Offences against A. D. 1886.
the Queen's authority.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Every one who compasses, imagines, invents, devises ...; *
or intends death or destruction, or any bodily harm, tending §. C
to death or destruction, maiming or wounding, imprison-treason.
ment or restraint of our Sovereign Lady the Queen, Her Heirs
or Successors, and expresses, utters or declares such com-
passings, imaginations, inventions, devices or intentions, or
any of them, by publishing any printing or writing, or by
any overt act or deed, is guilty of treason and shall suffer
death. 31 W., c. 69, s. 2;-—32-33 W., c. 17, s. 1.
2. Every officer or soldier in Her Majesty’s army, who Corrègoºd-
- * --- e * ing with the
holds correspondence with any rebel, or enemy of Her Ma- ºr.
jesty, or gives him advice or intelligence, either by letters, treason.
messages, signs or tokens, or in any manner or way what-
soever, or treats with such rebel or enemy, or enters into
any condition with him without Her Majesty's license, or
the license of the general, lieutenant general or chief com-
mander, is guilty of treason and shall suffer death. 31 W.,
c. 69, s. 3. -
3. Every one who compasses, imagines, invents, devises Cºtain
or intends to deprive or depose Our Sovereign Lady the j.
Queen, Her Heirs or Successors, from the style, honor or felonies.
royal name of the imperial crown of the United Kingdom,
or of any other of Her Majesty's dominions or countries, Lor
to levy war against Her Majesty, Her Heirs or Successors,
within any part of the United Kingdom or of Canada, in
order, by force or constraint, to compel her or them to change
her or their measures or counsels, or in order to put any
force or constraint upon, or in order to intimidate or over-
awe both Houses or either House of Parliament, of the
|United Kingdom or of Canada, or to move or stir any
foreigner or stranger with force to invade the United King-
dom or Canada, or any other of Her Majesty's dominions or
countries under the obeisance of Her Majesty, Her Heirs or

1833
Chap. 146. Treason, &c. 49 WICT.
Punishment,
Conspiracy to
intimidate
legislative
body a felony.
Time within
which prose-
cution shall
be commen C-
ed, warrant
issued, &c.
Evidence.
Trial of citi-
zens of a
foreign power
taken in arms
in Canada.
Trial of sub-
jects of H. M.
levying war
in Canada in
company with
foreigners.
Successors, and expresses, utters or declares such compass-
ings, imaginations, inventions, devices or intentions, or any
of them, by publishing any printing or writing, or by open
and advised speaking, or by any overt act or deed, is guilty
of felony, and liable to imprisonment for life. 31 W., c. 69.
s. 5;-32-33 W., c. 17, s. 1.
4. Every one who confederates, combines or conspires.
with any person to do any act of violence, in order to in-
timidate, or to put any force or constraint upon any Legisla-
tive Council, Legislative Assembly or House of Assembly in
any Province of Canada, is guilty of felony, and liable to
fourteen years' imprisonment. 31 W., c. 71, s. 5.
5. No person shall be prosecuted for any felony by virtue
of this Act in respect of such compassings, imaginations,
inventions, devices or intentions as aforesaid, in so far as
the same are expressed, uttered or declared by open and
advised speaking only, unless information of such compass-
ings, imaginations, inventions, devices and intentions and
of the words by which the same were expressed, uttered or
declared, is given upon oath to one or more justices of the
peace, within six days after such words are spoken, and
unless a warrant for the apprehension of the person by
whom such words were spoken is issued within ten days.
mext after such information is given as aforesaid ; and no
person shall be convicted of any such compassings, imagina-
tions, inventions, devices or intentions as aforesaid, in so
far as the same are expressed, uttered or declared by open
or advised speaking as aforesaid, except upon his own con-
fession in open court, or unless the words so spoken are
proved by two credible witnesses. 31 W., c. 69, s. 6.
6. If any person, being a citizen or subject of any foreignt
state or country at peace with Her Majesty, is or continues
in arms against Her Majesty, within Canada, or commits
any act of hostility therein, or enters Canada with design or
intent to levy war against Her Majesty, or to commit any
felony therein, for which any person would, in Canada, be
liable to suffer death, the Governor General may order the
assembling of a militia general court martial for the trial of
such person, under “The Militia Act”; and upon being found
guilty by such court martial of offending against the pro-
visions of this section, such person shall be sentenced by
such court martial to suffer death, or such other punishment
as the court awards. 31 W., c. 14, s. 2.
7. Every subject of Her Majesty, within Canada, who
levies war against Her Majesty, in company with any of the
subjects or citizens of any foreign state or country then at
peace with Her Majesty, or enters Canada in company with.
any such subjects or citizens with intent to levy war on
1834
1886. Treason, &c. Chap. 146. 3.
Her Majesty, or to commit any such act of felony as afore-
said, or who, with the design or intent to aid and assist,
joins himself to any person or persons whomsoever, whether
subjects or aliens, who have entered Canada with design or
intent to levy war on Her Majesty, or to commit any such
felony within the same, may be tried and punished by a
militia court martial, in the same manner as any citizen
or subject of a foreign state or country at peace with Her
Majesty, may be tried and punished under the next pre-
ceding section. 31 W., c. 14, s. 3.
S. Every subject of Her Majesty, and every citizen or Punishment
subject of any foreign state or country, who offends against ###".
the provisions of the two sections next preceding, is guilty preceding
of felony and may, notwithstanding the provisions herein- ****
before contained, be prosecuted and tried in any county or
district of the Province in which such offence was com-
mitted, before any court of competent jurisdiction, in the
same manner as if the offence had been committed in such
county or district, and, upon conviction, shall suffer death
as a felon. 31.W., c. 14, s. 4.
9. Nothing herein contained shall lessen the force of or Nothing
in any manner affect anything enacted by the statute passed ºrax.
in the twenty-fifth year of the reign of His Majesty King 3, c. 2.
Edward the Third, intituled “A declaration which offences
shall be adjudged treason.” 31 W., c. 69, s. 1.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1835
CHAPTER 147.
An Act respecting Riots, unlawful Assemblies and A. D. 1886.
Breaches of the Peace.
|HER Majesty, by and with the advice and consent of
the Senate and House of Commons of Canada, enacts
as follows:—
1- Every sheriff, deputy sheriff, mayor or other head officer, sheriff, &c.,
and justice of the peace, of any county, city or town, ººjº
e • , " . , e. * * * * * G - e. persons riot-
who has notice that there are within his jurisdiction per- j-
sons to the number of twelve or more unlawfully, riotously bled to dis-
and tumultuously assembled together to the disturbance of ""
the public peace, shall resort to the place where such un-
lawful, riotous and tumultuous assembly is, and among
the rioters, or as near to them as he can safely come, with
a loud voice, command, or cause to be commanded, silence,
and, after that, openly and with loud voice, make or cause
to be made a proclamation in these words, or to the like
effect :—
“Our Sovereign Lady the Queen charges and commands Form of pro-
“all persons being assembled immediately to disperse and “”
“peaceably to depart to their habitations or to their lawful
“business, upon the pain of being guilty of an offence, on
“conviction of which they may be sentenced to imprison-
“ ment for life. -
“GOD SAVE THE QUEEN.”
31 W., c. 70, s. 1, parl, and Ss. 2 and 3.
2- All persons who,
(a.) With force and arms wilfully oppose, hinder or hurt Persons mak-
s º - opposi-
any person who begins or is about to make the said procla- ...
mation, whereby such proclamation is not made, or— tinuing as-
(b.) Continue together to the number of twelve, for one º,
hour after such proclamation has been made, or if they felony.
know that its making was hindered as aforesaid, continue
together and do not disperse themselves within one hour
after such hindrance,— -
Are guilty of felony and liable to imprisonment for life : Punishment.
2. No person shall be prosecuted for any offence under Time for pro-
this section unless such prosecution is commenced within ..."
twelve months after the offence is committed, 31 W., c. 70,
Ss. 1, part, 6, 7 and 8.

1837
2
Chap. 147. Riots, Unlawful Assemblies, &c. 49 WICT.
Persons con-
tinuing as-
sembled may
be appre-
hended.
Persons sup-
pressing riot
justified.
Unlawful
meetings for
drill pro-
hibited.
Punishment
of persons
acting as
instructors.
And of per-
sons receiving
instruction.
Meeting may
be dispersed
and persons
attending it
arrested.
3- If the persons so unlawfully, riotously and tumult-
uously assembled together as aforesaid, or twelve or more
of them, continue together, and do not disperse themselves,
for the space of one hour after the proclamation is made, or
after such hindrance as āforesaid, every such sheriff, mayor,
justice and other officer as aforesaid, and every constable or
other peace officer, and all persons required by them to assist,
shall cause such persons to be apprehended and carried be-
fore a justice of the peace; and if any of the persons so
assembled is killed or hurt, in the apprehension of such
persons or in the endeavor to apprehend or disperse them, by
reason of their resistance, every person ordering them to
be apprehended or dispersed, and every person executing
such orders, shall be indemnified against all proceedings of
every kind in respect thereof, 31 W., c. 70, ss, 4 and 5.
4- All meetings and assemblies of persons for the purpose
of training or drilling themselves, or of being trained or
drilled to the use of arms, or for the purpose of practising
military exercises, movements or evolutions, without law-
ful authority for so doing, are unlawful and prohibited.
31 W., c. 15, s. 1, part.
5. Every one who is present at or attends any such
meeting or assembly for the purpose of training any other
person or persons to the use of arms or to the practice of
military exercises, movements or evolutions, or who, with-
out lawful authority for so doing, trains or drills any other
person or persons to the use of arms, or to the practice of
military exercises, movements or evolutions, or who aids or
assists therein, is guilty of a misdemeanor and liable to two
years' imprisonment. 31.W., c. 15, s. 1, part.
6- Every one who attends or is present at any such
meeting or assembly, for the purpose of being, or who, at
any such meeting or assembly, is trained or drilled to the
use of arms, or to the practice of military exercises, move-
ments or evolutions, is guilty of a misdemeanor and liable
to two years' imprisonment. 31 W., c. 15, s. 1, part.
7. Any justice of the peace, constable or peace officer, or
any person acting in his aid or assistance, may disperse any
such unlawful meeting or assembly as in the three sec-
tions next preceding mentioned, and may arrest and detain
any person present at or aiding, assisting or abetting any
such assembly or meeting as aforesaid; and the justice of
the peace who arrests any such person or before whom any
person so arrested is brought, may commit such person for
trial for such offence, unless such person gives bail for his
appearance at the next court of competent jurisdiction, to
answer to any indictment which is preferred against him
for any such offence. 31 W., c. 15, s. 2.
1838
1886. Riots, Unlawful Assemblies, &c. - Chap. 147, 3
S. No one shall be prosecuted for any offence under the Time for pro-
four sections next preceding unless such prosecution is com-º."
menced within six months after the offence is committed.
31 W., c. 15, s. 9.
9. All persons who, being riotously and tumultuously Rioters de-
assembled together to the disturbance of the public peace, jºins.
unlawfully and with force demolish, pull down or destroy ing, &é.
or begin to demolish, pull down or destroy, any church,
chapel, meeting-house or other place of divine worship,
or any house, stable, coach-house, out-house, warehouse,
office, shop, mill, malt-house, hop-oast, barn, granary, shed,
hovel or fold, or any building or erection used in farm-
ing land, or in carrying on any trade or manufacture, or
any branch thereof.- or any building, other than such as are
in this section before mentioned, belonging to Her Majesty,
or to any county, municipality, riding, city, town, village,
parish or place, or to any university or college or hall of any
university, or to any corporation, or to any unincorporated
body or society or persons associated for any lawful purpose,
or devoted or dedicated to public use or ornament, or erected
or maintained by public subscription or contribution,-or
any machinery, whether fixed or movable, prepared for or
employed in any manufacture or in any branch thereof—or
any steam engine or other engine for sinking, working,
ventilating or draining any mine, or any staith, building or
erection used in conducting the business of any mine, or
any bridge, wagon-way or track for conveying minerals,
from any mine, are guilty of felony, and liable to imprison-Punishment.
ment for life. 32-33 W., c. 22, s. 15.
10. All persons who, being riotously and tumultuously Rioters, injur-
assembled together to the disturbance of the public peace, ...”
unlawfully and with force injure or damage any such church, &c. *
chapel, meeting-house, place of divine worship, house, stable,
coach-house, out-house, warehouse, office, shop, mill, malt-
house, hop-oast, barn, granary, shed, hovel, fold, building,
erection, machinery, engine, staith, bridge, wagon-way or
track, as in the next preceding section mentioned, are guilty Punishment.
of a misdemeanor, and liable to seven years' imprisonment. .
32-33 W., c. 22, s. 16, part;-R. S. N. S. (3rd S.), c. 162, s. 6.
II- Three or more persons who, having assembled, con- É.
tinue together with intent unlawfully to execute any com- ... tl
mon purpose with force and violence, or in a manner calcu-
lated to create terror and alarm, are guilty of an unlawful
assembly, and liable to two years' imprisonment. R. S.
N. S. (3rd S.), c. 162, s. 5;-1 R. S. N. B., c. 147, s. 6.
12. Three or more persons who, having assembled, con- Punishment
tinue together with intent unlawfully t for rout.
inue together with intent unlawfully to execute any com-
mon purpose with force and violence, or in any manner cal-
1839
Chap. 147. Riots, Unlawful Assemblies, &c. 49 WICT.
Punishment
for riot.
Punishment
for affray.
culated to create terror and alarm, and who endeavor to
execute such purpose, are, although such purpose is not
executed, guilty of a rout, and liable to three years' im-
prisonment. 1 R. S. N. B., c. 147, s. 7.
18- Three or more persons who, having assembled, con-
tinue together with intent unlawfully to execute any com-
mon purpose with force and violence, and who, wholly or
in part, execute such purpose in a manner calculated to
create terror and alarm, are guilty of a riot, and liable to
four years’ imprisonment, 1 R. S. N. B., c. 147, s. 8.
14. Two or more persons who fight together in a public
place, in a manner calculated to create terror and alarm,
are guilty of an affray, and liable, on summary conviction,
to three months' imprisonment. R. S. N. S. (3rd S.), c. 162,
s. 7;—1 R. S. N. B., c. 147, s. 9.
OTTAWA : Printed by BRow N. CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1840
An Act respecting the improper use of fire-arms and A. D. 1886.
other weapons.
HP R. Majesty, by and with the advice and consent of the
-*-* Senate and House of Commons of Canada, enacts as
follows:—
1- Every one who has upon his person a pistol or air gun Person carry-
without reasonable cause to fear an assault or other injury; #;
to his person or his family or property, may, upon complaint be bound to
made before any justice of the peace, be required to find ...”
sureties for keeping the peace for a term not exceeding six peace.
months; and in default of finding such sureties, may be im-
prisoned for any term not exceeding thirty days. 40 W.,
c. 30, s. 1.
2. Every one who, when arrested either on a warrant Having such
issued against him for an offence or whilst committing an ...".
offence, has upon his person a pistol or air-gun, shall, on }
summary conviction before two justices of the peace, be
liable to a penalty not exceeding fifty dollars and not less
than twenty dollars, or to imprisonment for any term not
exceeding three months. 40 W., c. 30, s. 2.
3. Every one who has upon his person a pistol or air or with intent
gun, with intent therewith unlawfully and maliciously to º "y
do injury to any other person, shall, on summary conviction"
before two justices of the peace, be liable to a penalty mot
exceeding two hundred dollars and not less than fifty dol-
lars, or to imprisonment for any term not exceeding six
months; and the fact of the pistol or air-gun being on the
person shall be primá facie evidence of such intent. 40 W.,
c. 30, s. 3.
4- Every one who, without lawful excuse, points at an- Pointing fire-
other person any firearm or air-gun, whether loaded or un-arm at any
loaded, shall, on summary conviction before two justices of *
the peace, be liable to a penalty not exceeding fifty dollars
and not less than twenty dollars, or to imprisonment for any
term not exceeding thirty days. 40 W., c. 30, s. 4.
5. Every one who carries about his person any bowie- Garrying
knife, dagger or dirk, or any weapons called or known as #" "
iron knuckles, skull-crackers or slung shot, or other offen-weapons.
sive weapons of a like character, or secretly carries about

1841
Chap. 148. Improper use of Weapons. 49 WICT.
Carrying
sheath knives
in seaport
to WinS.
Exception.
Weapon to be
impounded.
Disposal
thereof.
If there is no
municipality.
Openly carry-
ing dangerous
weapons.
Time for
prosecution
Timited.
Fxception as
to soldiers,
&c.
his person any instrument loaded at the end, or sells or
exposes for sale, publicly or privately, any such weapon,
shall, on summary conviction before two justices of the peace,
be liable to a penalty not exceeding fifty dollars and not less
than ten dollars, and in default of payment thereof, to im-
prisonment for any term not exceeding thirty days, 32-33 W.,
c. 20, s. 72. 4 * *
6- Every one who is found, in any of the seaport towns
or cities of Canada, carrying about his person any sheath-
knife, shall, on summary conviction before two justices of
the peace, be liable to a penalty not exceeding forty dollars
and not less than ten dollars, and in default of payment
thereof, to imprisonment for any term not exceeding thirty
days: but nothing in this section contained shall apply to
seamen or riggers when occupied or engaged in their lawful
trade or calling. 32-33 W., c. 20, s. 73.
7. The court or justice before whom any person is con-
victed of any offence against the provisions of the preced-
ing sections, shall impound the weapon for carrying which
such person is convicted, and if the weapon is not a pistol,
shall cause it to be destroyed; and if the weapon is a pistol,
the court or justice shall cause it to be handed over to the
corporation of the municipality in which the conviction
takes place, for the public uses of such corporation : -
2. If the conviction takes place where there is no muni-
cipality, the pistol shall be handed over to the Lieutenant
Governor of the Province in which the conviction takes
place, for the public uses thereof in connection with the
administration of justice therein, 32-33 W., c. 20, s. 75 –
45 W., c. 39, ss. 1 and 2.
8.- If two or more persons openly carry dangerous or
unusual weapons in any public place, in such a manner and
under such circumstances as are calculated to create terror
and alarm, each of such persons shall, on summary convic-
tion before two justices of the peace, be liable to a penalty
not exceeding forty dollars and not less than ten dollars, and
in default of payment to imprisonment for any term not.
exceeding thirty days. R. S. N. S. (3rd S.), c. 162, s. 8;=
1 R. S. N. B., c. 147, s. 10.
9. No prosecution under this Act shall be commenced
unless within one month after the commission of the offence
charged. 32-33 W., c. 20, s. 76.
HO. Nothing hereinbefore contained shall affect the right
of any soldier, sailor or volunteer in Her Majesty's service,
constable or other policeman, to carry loaded pistols in the
discharge of his duty. 40W., c. 30, s. 7. -
OTT Awa : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1842
CHAPTER 149.
An Act respecting the seizure of Arms kept for
dangerous purposes.
HER Majesty, by and with the advice and consent of the
• & Senate and House of Commons of Canada, enacts as
follows:—
1- In this Act, unless the context otherwise requires, the
expression “arms” includes any pike, pike-head, spear, dirk,
dagger, sword, pistol, gun, rifle or other weapon, gun-
powder, lead, cartridges, bullets and other ammunition or
munitions of war.
2- Any justice of the peace, upon information on oath of
one or more credible witnesses, that any arms are, for any
purpose dangerous to the public peace, in the possession of
any person, or in any house or place, may issue his warrant
to any constable or any other peace officer, to search for and
seize any such arms which are in the possession of any
such person, or in any such house or place as aforesaid, and
to arrest any person having such possession as aforesaid,—
and if admission into such house or place is refused, or not
obtained within a reasonable time after it has been first
demanded, to enter by force, by day or by night, into every
such house or place whatsoever, and to detain or cause to
be detained such person, and to keep in safe custody, in
such place as the said justice appoints and directs, the arms
so found and seized, unless the owner thereof proves, to
the satisfaction of such justice, that such arms were not
kept for any purpose dangerous to the public peace ; and
every such person who has the possession or custody of any
such arms, and is so arrested, shall be brought before any
A. D. 1886.
Interpreta-
tion.
‘‘ Arms.”
Arms kept
for any un-
lawful pur-
pose may be
seized.
Person in pos-
session thereof
may be
arrested.
justice of the peace, and may be dealt with, tried and pun- .
ished in the manner hereinafter provided. 31 W., c. 15, s. 3.
3- Any person from whom any such arms are so taken
may, if the justice of the peace upon whose warrant the
same are taken, upon application made for that purpose,
refuses to restore the same, apply to a judge of a superior
or county court for the restitution of such arms, upon giv-
ing ten days’ previous notice of such application to such
justice; and such judge shall make such order for the resti-
tution or safe custody of such arms as, upon such application,
appears to him to be proper. 31 W., c. 15, S. 4.
Decision of
claims for
restitution of
such arms.



38% 1843
2
Chap. 149. Seizure of Arms. 49 WICT.
Persons carry-
ing such arms
may be
arrested.
May be ad-
mitted to bail.
Concurrent
jurisdiction of
justices of the
peace.
Time for pro-
Secultion
limited.
This Act may
be suspended
and again
brought into
force.
4- Any justice of the peace, constable, peace officer or
other person acting under the warrant of any justice of the
peace, or any person acting with or in aid of any justice of
the peace, or of any constable or peace officer, having such
warrant as aforesaid, may arrest and detain any person found
carrying any such arms, in such manner and at such times
as, in the judgment of such justice of the peace, affords just
grounds of suspicion that the same are for purposes danger-
ous to the public peace; and the justice of the peace who
arrests any such person, or before whom any person arrested
upon such warrant is brought, may commit such person for
trial for a misdemeanor; and such person shall be liable to
be tried for a misdemeanor for carrying such arms and, on
conviction, shall be punished by fine or imprisonment, or
both, in the discretion of the court; but any such person
may, before conviction, give good and sufficient bail for his
appearance at the next court of competent jurisdiction, to
answer to any indictment which is preferred against him.
31 W., c. 15, s. 5. -
5- All justices of the peace in and for any district, county,
city, town or place, in Canada, shall have concurrent juris-
diction as justices of the peace, with the justices of any
other district, county, city, town or place, in all cases with
respect to the carrying into execution the provisions of this
Act, and with respect to all matters and things relating to
the preservation of the public peace under this Act, as fully
and effectually as if each of such justices was in the com-
mission of the peace, or was ea officio a justice of the peace
for each of such districts, counties, cities, towns or places.
31 W., c. 15, s. 6.
6- No person shall be prosecuted for any offence done or
committed against the provisions of this Act, unless such
prosecution is commenced within six months after the offence
is committed. 31 W., c. 15, s. 9.
7. The Governor in Council may, from time to time, by
proclamation, suspend the operation of this Act in any
Province of Canada or in any particular district, county or
locality specified in the proclamation ; and from and after
the period specified in any such proclamation, the powers
'given by this Act shall be suspended in such Province,
district, county or locality; but nothing herein contained
shall prevent the Governor in Council from again declaring,
by proclamation, that any such Province, district, county or
locality shall be again subject to this Act and the powers
hereby given, and upon such proclamation this Act shall be
revived and in force accordingly. 31 W., & 15, s. 8.
;
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1844
CHAPTER 15O.
An Act respecting Explosive Substances. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:– -
1. This Act may be cited as “The Eaglosive Substances Short title.
Act.” 48-49 W., c. 7, s. 1.
2. In this Act, unless the context otherwise requires,- Hºpreta-
(a.) The expression “Attorney General ” means the Attor- *itorney
ney General of the Province of Canada in which any pro- “General.”
ceedings are taken under this Act, and, with respect to the
North-West Territories and the District of Keewatin, the
Attorney General of Canada ;
(b.) The expression “explosive substance” includes any ...,
materials for making any explosive substance: also any ap- ""
paratus, machine, implement, or materials used, or intended
to be used, or adapted for causing, or aiding in causing, any
explosion in or with any explosive substance; and also any
part of any such apparatus, machine or implement. 48-49 V,
c. 7, S. 2. i.
3. Every person who unlawfully and maliciously causes Punishment
by any explosive substance an explosion of a nature likely ºr
to endanger life or to cause serious injury to property is, dangerous
whether any injury to person or property is actually caused explosions.
or not, guilty of felony, and liable to imprisonment for life.
48-49 W., c. 7, s. 3.
4. Every person who unlawfully and maliciously— Maliciously
(a.) Does any act with intent to cause by an explosive # §
substance, or conspires to cause by an explosive substance, cause such
an explosion of a nature likely to endanger life, or to cause “”
serious injury to property, Or— .
(b.) Makes or has in his possession or under his control Mºisiºusly
g : 1. l- > * making or
any explosive substance with intent by means thereof to jeºplo-
endanger life, or to cause serious injury to property or to sive substan-
enable any other person by means thereof to endanger life ..."
or to cause serious injury to property,+ -
Is, whether any explosion takes place or not, and whether Punishment.
any injury to person or property is actually caused or not,
guilty of felony, and liable to fourteen years' imprisonment.
48-49 W., c. 7, s. 4. -



384% 1845
2
Chap. 150. Eacplosive Substances. 49 WICT.
Making or
having explo-
sives without
reasonable
and lawful
C8,llSČ.
Burden of
proof.
Punishment.
Accused and
his wife, or
vice versá.
may be wit-
IlešSČS.
Attorney
General’s
consent for
further pro-
ceedings.
As to counts
of indict-
Iment.
Wenue.
Attorney
General may
order inquiry.
Jurisdiction
of a justice
of the peace
under such
Order.
Certain
provisions
applicable to
witnesses in
cases under
this Act.
5. Every person who makes or knowingly has in his pos-
session or under his control any explosive substance under
such circumstances as to give rise to a reasonable suspicion
that he is not making it or has it not in his possession or
under his control for a lawful object, is, unless he can show
that he made it or had it in his possession or under his con-
trol for a lawful object, guilty of felony, and liable to seven
years' imprisonment : -
2. In any proceeding against any person for any offence
under this section such person and his wife, or her husband,
as the case may be, may, if such person thinks fit, be called,
sworn, examined, and cross-examined as an ordinary witness
in the case :
3. If any person is charged before a justice of the peace
with any offence under this section, no further proceeding
shall be taken against such person without the Consent of
the Attorney General, except such as the justice of the peace
thinks necessary by remand or otherwise, to secure the safe
custody of such person. 48-49 W., c. 7, s. 5.
6- The same criminal act may be charged in different
counts of an indictment as constituting different offences
under this Act, and upon the trial of any such indictment
the prosecutor shall not be put to his election as to the
count on which he must proceed. 48-49 W., c. 7, s. 6.
7. Every person accused of any offence under this Act
may be dealt with, indicted, tried and punished in the dis-
trict, county or place in which the offence is committed or
in which he is apprehended, or is in custody. 48-49 W.,
c. 7, s. 7.
8.- If the Attorney General has reasonable ground to be-
lieve that any offence under this Act has been committed,
he may order an inquiry, and thereupon any justice of the
peace for the district, county or place in which the offence
was committed or is suspected to have been committed,
who is authorized in that behalf by the Attorney General,
may, although no person is charged before him with the
commission of such crime, examine on oath concerning such
crime any witness appearing before him, and may take the
deposition of such witness, and, if he sees cause, may bind
such witness by recognizance to appear and give evidence
at the next court of competent jurisdiction, or when called
upon within three months from the date of such recogniz-
ance; and the law relating to the compelling of the attend-
ance of a witness before a justice of the peace, and to a
witness attending before a justice of the peace and required
to give evidence concerning the matter of an information or
complaint, shall apply to compelling the attendance of a
witness for examination, and to a witness attending under
this section : . :
1846 -
1886. Eacplosive Substances. Chap. 150.
3
2. A witness examined under this section shall not be ex-
cused from answering any question on the ground that the
answer thereto may criminate, or tend to criminate, himself;
but any statement made by any person in answer to any
..". put to him on any examination under this section,
shall not, except in the case of an indictment or other crim-
inal proceeding for perjury, be admissible in evidence against
him in any proceeding, civil or criminal:
3. A justice of the peace who conducts the examination
under this section, of a person concerning any offence, shall
not take part in the committing for trial of such person for
such offence. 48-49 W., c. 7, s. 8.
9- Whenever any person is bound by recognizance to
give evidence before a justice of the peace, or any criminal
court, in respect of any offence under this Act, any justice
of the peace, if he sees fit, upon information being made in
writing and on oath, that such person is about to abscond,
or has absconded, may issue his warrant for the arrest of
such person ; and if such person is arrested any justice of
the peace, upon being satisfied that the ends of justice would
otherwise be defeated, may commit such person to prison
until the time at which he is bound by such recognizance
to give evidence, unless in the meantime he produces suffi-
cient sureties; but any person so arrested shall be entitled
on demand to receive a copy of the information upon which
the warrant for his arrest was issued. 48-49 W., c. 7, s 9.
10- Any justice of the peace for any district, county or
place, in which any explosive substance is suspected to be
made, kept or carried for any unlawful object, may, upon
reasonable cause assigned upon oath by any person, issue a
warrant under his hand and seal for searching any house,
mill, magazine, storehouse, Warehouse, shop, cellar, yard,
wharf or other place, or any carriage, wagon, cart, ship,
boat or vessel, in which the same is suspected to be inade,
kept or carried for such object. 48-49 W., c. 7, s. 10.
11- Every person acting in the execution of any such
warrant may seize any explosive substance which he has
good cause to suspect is intended to be used for any unlaw-
ful object, and shall, with all convenient speed, after the
seizure, remove the same to such proper place as he thinks
fit, and detain the same until ordered by a judge of a superior
court to restore it to the person who claims the same. 48-49 W.,
c. 7, s. 11.
12. Any explosive substance seized under the provisions
of this Act, shall, in the event of the person in whose pos-
session the same is found, or of the owner thereof, being
convicted of any offence under this Act, be forfeited; and
Witness may
not refuse to
3,1] SWer Oll
certain
grounds.
When only
answer ad-
missible
against him.
Examining
justice not to
commit for
trial.
Arrest and
commitment
of absconding
witnesses.
Witness to
have copy
of informa-
tion.
Search war-
rants for
explosives.
Seizure under
search
Wa,Irant.
Proceeding
on such
S01/Ul I’é.
Disposal of
explosives
seized under
this Act.
1847 .*
4 - Chap. 150. Eacplosive Substances. 49 WICT.
the same shall be destroyed or sold under the direction of
the court before which such person is convicted, and, in
the case of sale, the proceeds arising therefrom shall be paid
to the Minister of Finance and Receiver General, for the
public uses of Canada. 48-49 W., c. 7, s. 12.
†. ... ... 18. The person, who so searches or seizes shall not be
.."je liable to any suit for detaining such explosive substance, or
... for any loss or damage which happens thereto, without the
*** wilfuſ act or neglect of himself or of the person whom he
intrusts with the keeping thereof. 48-49 W., c. 7, s. 13.
9. 14. This Act shall not exempt any person from any in-
jº dictment or proceeding for any offence which is punishable
; other at common law, or by any other Act ; but no person shall
Often CeS. be twice punished for the same criminal act. 48-49 W., c. 7, .
S. 14. -
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1848
CHAPTER 151.
An Act respecting the Preservation of Peace in the A. D. 1886.
vicinity of Public Works.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
*
INTER PRETATION.
1. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “this Act” means such section or sec- ºils Act.”
tions thereof as are in force, by virtue of any proclamation,
in the place or places with reference to which the Act is to
be construed and applied ;
(b.) The expression “commissioner’ means a commis- “Commis-
sioner under this Act; - ‘‘Sioner.”
(c.) The expression “weapon” includes any gun or other “Weapon.”
firearm, or air-gun or any part thereof, or any sword, sword-
blade, bayonet, pike, pike-head, spear, spear-head, dirk, dag-
ger, or other instrument intended for cutting or stabbing, or
any steel or metal knuckles, or other deadly or dangerous
weapon, and any instrument or thing intended to be used
as a weapon, and all ammunition which may be used with
or for any weapon ;
(d) The expression “intoxicating liquor" means and in- “Intoxicat-,
cludes any alcoholic, spirituous, vinous, fermented or other """ liquor.
intoxicating liquor, or any mixed liquor, a part of which is
spirituous or vinous, fermented or otherwise intoxicating;
(e) The expression “district, county or place,” includes District.
any division of any Province for the purposes of the admin- i. tº:
istration of justice in the matter to which the context relates;
(f) The expression “public work” means and includes Publić,
any railway, canal, road, bridge or other work of any kind, work.
and any mining operation constructed or carried on by the
Government of Canada, or of any Province of Canada, or
by any municipal corporation, or by any incorporated com-
pany, or by private enterprise. 32-33 W., c. 24, s. 2, part, and
s. 21;-33 W., c. 28, s. 2, part;-48-49 W., c. 80, s. 1.
PROCLAMATION.
2. The Governor in Council may, as often as occasion re- º be
declared in
quires, declare, by proclamation, that upon and after a day force at any

- 1849 -
2
Chap. 151. Peace near Public Works. 49 WICT.
place desig-
nated.
Revocation
and renewal
of order.
As to cities.
To be judici-
ally noticed.
Delivery of
armS to COm-
In 18S10116. T.
Seizure of
armS not
delivered.
Punishment
for keeping
arms when
Act is in
force.
Punishment
for unlawfully
concealing
à, TIllS.
therein named, this Act, or any section or sections thereof.
shall be in force in any place or places in Canada in such
proclamation designated, within the limits or in the vicinity
whereof any public work is in course of construction, or in
such places as are in the vicinity of any public work, within
which he deems it necessary that this Act, or any section or
sections thereof, should be in force, and this Act, or any such
section or sections thereof, shall, upon and after the day
named in such proclamation, take effect within the places
designated therein :
2. The Governor in Council may, in like manner, from time
to time, declare this Act, or any section or sections thereof,
to be no longer in force in any such place or places, and
may again, from time to time, declare this Act, or any section
or sections thereof, to be in force therein :
3. No such proclamation shall have effect within the
limits of any city :
4. All courts, magistrates and justices of the peace shall
take judicial notice of every such proclamation. 48-49 W.
c. 80, s. 2. -
WEAPONS.,
3. On or before the day named in such proclamation, every
person employed on or about any public work, to which the
same relates, shall bring and deliver up, to some commis-
sioner or officer appointed for the purposes of this Act, every
weapon in his possession, and shall obtain from such com-
missioner or officer a receipt for the same. 32-33 W., c. 24.
s. 3. - i
4. Every weapon found in the possession of any persoll
employed, as aforesaid, after the day named in any procla-
mation and within the limits designated in such proclama-
tion, may be seized by any justice of the peace, commission-
er, constable or other peace officer, and shall be forfeited
to the use of Her Majesty. 32-33 W., c. 24, s. 5.
5. Every one employed upon or about any public work,
within the place or places in which this Act is then in force,
who, upon or after the day named in such proclamation,
keeps or has in his possession or under his care or control,
within any such place, any weapon, shall incur a penalty
not exceeding four dollars and not less than two dollars for
every such weapon found in his possession. 32-33 W., c. 24.
s. 2, part.
6. Every one who, for the purpose of defeating this Act,
receives or conceals, or aids in receiving or concealing, or
procures to be received or concealed, within any place in
which this Act is at the time in force, any weapon belong-
ing to or in the custody of any person employed on or about.
1850
1886. Peace near Public Works. Chap. 151. 3
any public work, shall incur a penalty hot exceeding one
hundred dollars and not less than forty dollars, and a moiety
of such penalty shall belong to the informer and the other
moiety to Her Majesty, for the public uses of Canada. 32-33
W., c. 24, s. 6. .
7. Any commissioner or justice of the peace, constable or Persons un-
peace officer, or any person acting under a warrant, in aid of lº. 8, I'm S
any constable or peace officer, may arrest and detain any may be
person employed on any public work, found carrying any ”.
weapon, within any place in which this Act is, at the time, in
force, at such time and in such manner as, in the judgment
of such commissioner, justice of the peace, constable or peace
officer, or person acting under a warrant, affords just cause of
suspicion that it is carried for purposes dangerous to the pub-
lic peace; and every one so employed, who so carries any And com-
such weapon, is guilty of a misdemeanor, and the justice of"
the peace or commissioner arresting such person, or before
whom he is brought under such a warrant, may commit him
for trial for a misdemeanor, unless he gives sufficient bail for
his appearance at the next term or sitting of the court before
which the offence can be tried, to answer to any indictment
to be then preferred against him. 32-33 W., c. 24, s. 8.
S. Any commissioner appointed under this Act, or any Search war-
justice of the peace having authority within the place in ...” "
which this Act is at the time in force, upon the oath of a
Credible witness that he believes that any weapon is in the
possession of any person or in any house or place contrary
to the provisions of this Act, may issue his warrant to any
constable or peace officer to search for and seize the same,
—and he, or any person in his aid, may search for and seize
the same in the possession of any person, or in any such
house or place. 32-33 W., c. 24, S. 7, part.
9. If admission to any such house or place is refused Right of entry
after demand, such constable or peace officer, and any person * *
in his aid, may enter the same by force, by day or by night,
and seize any such weapon and deliver it to such commis-
sioner; and unless the person in whose possession or in Forfeiture of
whose house or premises the same is found, within four **
days next after the seizure, proves to the satisfaction of such
commissioner or justice of the peace that the weapon so
seized was not in his possession or in his house or place con-
trary to the meaning of this Act, such weapon shall be for-
feited to the use of Her Majesty. 32-33 W., c. 24, s. 7, part.
10. All weapons declared forfeited under this Act shall Disposal of
be sold or destroyed under the direction of the commissioner ****
by whom or by whose authority the same are seized, and the
proceeds of such sale, after deducting necessºry expenses,
shall be received by such commissioner and paid over by
1851
Chap. 151. Peace near Public Works. 49 VICT.
Restitution of
arms when
Act is no
longer in
force.
Monthly re-
turns to be
made.
Sale of liquor
prohibited.
Possession of
liquors for
sale prohibit-
ed.
Proviso.
Penalty for
COIl tra,Vell-
tion.
Agent to be
liable to same
penalty as
principal.
him to the Minister of Finance and Receiver General, for
the public uses of Canada. 32-33 W., c. 24, S. 10.
11. Whenever this Act ceases to be in force within the place
where any weapon has been delivered and detained in pur-
suance thereof, or whenever the owner or person lawfully
entitled to any such weapon satisfies the commissioner that
he is about to remove immediately from the limits within
which this Act is at the time inforce, the commissioner may
deliver up to the owner or person authorized to receive the
same, any such weapon, on production of the receipt given
for it. 32-33 W., c. 24, s. 4.
12. Every commissioner under this Act shall make a
monthly return to the Secretary of State of all weapons
delivered to him, and by him detained under this Act.
32-33 W., c. 24, s. 9.
INTOXICATING IIIQUOR.
13. Upon and after the day named in such proclamation
and during such period as such proclamation remains in
force, no person shall, at any place within the limits speci-
fied in such proclamation, sell, barter or, directly or indirect-
ly, for any matter, thing, profit or reward, exchange, supply
or dispose of any intoxicating liquor ; nor expose, keep or
have in possession any intoxicating liquor intended to be
dealt with in any such way :
2. The provisions of this section shall not extend to any
person selling intoxicating liquor by wholesale, and not
retailing the same, if such person is a licensed distiller or
brewer. 48-49 W., c. 80, s. 3, part.
14- Every one who, by himself, his clerk, servant, agent
or other person, violates any of the provisions of the next
preceding section, is guilty of an offence against this Act,
and, on a first conviction, shall be liable to a penalty offorty
dollars and costs, and, in default of payment, to imprison-
ment for a term not exceeding three months, and on every
subsequent conviction, to the said penalty and the said im-
prisonment in default of payment, and also to further im-
prisonment for a term not exceeding six months. 48-49 W.,
c. 80, s. 3, part.
15. Every clerk, servant, agent or other person who, be-
ing in the employment of, or on the premises of another per-
son, violates or assists in violating any of the provisions of
the thirteenth section of this Act, for the person in whose
employment or on whose premises he is, shall be equall
guilty with the principal offender, and shall be liable to the
penalties mentioned in the next preceding section. 48-49 W.,
c. 80, s. 3, part.
1852
1886. Peace near Public Works. Chap. 151. 5
16. If any person makes oath or affirmation before any Search for
commissioner or justice of the peace, that he has reason to mº Of
believe, and does believe, that any intoxicating liquor with information
respect to which a violation of the provisions of the thir- * *
teenth section of this Act has been committed or is intended
to be committed is, within the limits specified in any pro-
clamation by which this Act has been proclaimed to be in
force, on board of any steam-boat, vessel, boat, canoe, raft
or other craft, or in or about any building or premises, or in
any carriage, vehicle or other conveyance, or at any place,
the commissioner or justice of the peace shall issue a search-
warrant to any sheriff, police officer, constable or bailiff who
shall forthwith proceed to search the steam-boat, vessel,
boat, canoe, raft, other craft, building, premises, carriage,
vehicle, conveyance or place described in such search-war-
rant ; and if any intoxicating liquor is found therein or Seized liquor
thereon the person executing such search-warrant shall seize ... *ſ
the intoxicating liquor and the barrels, casks, jars, bottles
or other packages in which it is contained and shall keep it
and them secure until final action is had thereon : -
2. No dwelling house in which, or in part of which, or tºie,
On the premises whereof, a shop or bar is not kept, shall be ; º
searched, unless the said informant also makes oath or affir- or bar.
mation that some offence in violation of the provisions of
the thirteenth section of this Act has been committed therein
or therefrom within one month next preceding the time of
making his said information for a search-warrant :
3. The owner, keeper or person in possession of the intoxi- Owner to be
eating liquor so seized, if he is known to the officer seizing *
the same, shall be summoned forthwith by the commissioner
or justice of the peace who issued the search warrant to
appear before such commissioner or justice of the peace ;
and if he fails so to appear, or if it appears to the satisfaction
of such commissioner or justice of the peace that a violation
of the provisions of the thirteenth section of this Act has
been committed or is intended to be committed, with respect
to such intoxicating liquor, it shall be declared forfeited, Liquor for-
with any package in which it is contained, and shall be des. ...?
troyed by authority of the written order to that effect of such J -v--
commissioner or justice, and in his presence or in the pres-
ence of some person appointed by him to witness the des-
truction thereof; and the commissioner or justice, or the Attestation of
person so appointed by him, and the officer by whom the destruction.
said intoxicating liquor has been destroyed, shall jointly
attest, in writing upon the back of the said order, the fact
that it has been destroyed :
4. The owner, keeper or person in possession of any in- Owner, keep-
toxicating liquor seized and forfeited under the provisions ...,
of this section may be convicted of an offence against the may be con-
thirteenth section of this Act without any further informa-..." "
tion laid or trial had, and shall be liable to the penalties
1853
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998.I
Chap. 151. Peace near Public Works. 49 WICT.
and the defendant may plead the general issue and give
this Act and the special matter in evidence; and if such
action is brought after the time limited, or the venue is laid
or the action brought in any other district, county or place
than as above prescribed, the judgment or verdict shall be
given for the defendant; and in such case, or if the judg-
ment or verdict is given for the defendant on the merits, or if
the plaintiff becomes non-suited or discontinues after appear-
ance is entered, or has judgment rendered against him on
demurrer, the defendant shall be entitled to recover double
costs. 32-33 W., c. 24, s. 19.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1856
RS C º, " -- -
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tº ºr ºf IE §§§ ë gº
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* : * º # º
º
ºl
CHAPTER 152.
An Act respecting the Preservation of Peace at Public A. D. 1886.
Meetings.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1. Any justice of the peace within whose jurisdiction. Justices of the
any public meeting is appointed to be held, may demand, #.
have and take of and from any person attending such meet- sons attend-
ing, or on his way to attend the same, any offensive weapon, "****
such as fire-arms, swords, staves, bludgeons, or the like,
with which any such person is so armed, or which any
such person has in his possession; and every such per- Punishment
* - * * * re & of person re-
son who, upon such demand, declines or refuses to deliver ... .
up, peaceably and quietly, to such justice of the peace, any render weap-
such offensive weapon as aforesaid, is guilty of a misde- *
meanor, and such justice may thereupon record the refusal
of such person to deliver up such weapon, and adjudge him
to pay a penalty not exceeding eight dollars, which pen-
alty shall be levied in like manner as penalties are levied
under the “Act respecting summary proceedings before Jus-
tices of the Peace,” or such person may be proceeded against
by indictment or information, as in other cases of misde-
meanor ; but such conviction shall not interfere with the Conviction
power of such justice, or any other justice of the peace, ...”
to take such weapon, or cause the same to be taken from " Sº "
such person, without his consent and against his will, by
such force as is necessary for that purpose. C. S. C., c. 82,
S. 15. -
2. Upon reasonable request to any justice of the peace, to Rºstitution of
whom any such weapon has been peaceably and quietly de- “”
livered as aforesaid, made on the day next after the meeting
has finally dispersed, and not before, such weapon shall, if
of the value of one dollar or upwards, be returned by such
justice of the peace to the person from whom the same was
received. C. S. C., c. 82, s. 16.
3- No such justice of the peace shall be held liable to re- No liability
turn any such weapon, or make good the value thereof, º.
if the same, by unavoidable accident, has been actually
destroyed or lost out of the possession of such justice with-
out his wilful default. C. S. C., c. 82, s. 17.










1857
2
Chap. 152. Peace at Public Meetings. 49 WICT,
Punishment
of persons
convicted of
battery near a
meeting.
Punishment
of persons
approaching
a meeting
armed.
Punishment of
persons lying
in Wait.
Time for
actions
limited.
4- Every person who is convicted of a battery, committed
within the distance of two miles of the place appointed for
the holding of such public meeting and during any part of
the day whereon any such meeting has been appointed to
be held, shall be liable to a penalty not exceeding One
hundred dollars, or to imprisonment for a term not exceed-
ing three months, or to both. C. S. C., c. 82, s. 18.
5. Every person, except the sheriff, deputy sheriff and
justices of the peace for the district or county, or the mayor
and justices of the peace for the city or town respectively, in
which any such meeting is held, and the constables and
special constables employed by them, or any of them, for
the preservation of the public peace at such meeting, who,
during any part of the day upon which such meeting is
appointed to be held, comes within two miles of the place
appointed for such meeting, armed with any offensive weap-
on of any kind, as fire-arms, Swords, staves, bludgeons, or
the like, is guilty of a misdemeanor, and liable to a penalty
not exceeding one hundred dollars, or to imprisonment for
a term not exceeding three months, or to both. C. S. C.,
c. 82, s. 19.
6. Every person who lies in wait for any person return-
ing, or expected to return, from any such public meeting,
with intent to commit an assault upon such person, or with
intent, by abusive language, opprobrious epithets or other
offensive demeanor, directed to, at or against such person,
to provoke such person, or those who accompany him, to
a breach of the peace, is guilty of a misdemeanor, and liable
to a penalty not exceeding two hundred dollars, or to im-
prisonment for a term not exceeding six months, or to both,
C. S. C., c. 82, s. 20.
7. No action shall be brought against any person for any-
thing done by him under authority of this Act, unless with-
in twelve months next after the cause of such action accrued.
C. S. C., c. 82, s. 21. -
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1858
CHAPTER 153.
An Act respecting Prize Fighting. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
** Senate and House of Commons of Canada, enacts as
follows:— -
1. In this Act, unless the context otherwise requires, the Interpreta-
expression “prize fight” means an encounter or fight with .
fists or hands, between two persons who have met for such jº,
purpose by previous arrangement made by or for them. "
44 W., c. 30, s. 1.
2. Every one who sends or publishes, or causes to be Punishment
sent or published, or otherwise made known, any challenge ºng
to fight a prize fight, or accepts any such challenge, or causes too prepai-
the same to be accepted, or goes into training preparatory fºre prize
to such fight, or acts as trainer or second to any person who "?"
intends to engage in a prize fight, is guilty of a misde-
meanor, and liable, on summary conviction, to a penalty
not exceeding one thousand dollars and not less than one
hundred dollars, or to imprisonment for a term not exceed-
ing six months, or to both. 44 V., c. 30, s. 2. .
3. Every one who engages as a principal in a prize fight Punishment of
is guilty of a misdemeanor, and liable, on summary convic- rº
tion, to imprisonment for a term mot exceeding twelve months c
and not less than three months. 44 W., c. 30, s. 3.
4- Every one who is present at a prize fight as an aid, And of aiders
second, surgeon, umpire, backer, assistant or reporter, or who and abettors.
advises, encourages or promotes such fight, is guilty of a
misdemeanor, and liable, on summary conviction, to a pen-
alty not exceeding five hundred dollars and not less than
fifty dollars, or to imprisonment for a term not exceeding
twelve months, or to both. 44 W., c. 30, s. 4.
5. Every one who, being an inhabitant or resident of Punishment
Canada, leaves Canada with intent to engage in a prize ...;
fight without the limits thereof, is guilty of a misdemeanor, engage in a
and liable, on summary conviction, to a penalty not exceed-Prº "gº"
ing four hundred dollars and not less than fifty dollars, or
to imprisonment for a term not exceeding six months, or to
both. 44 V., c. 30, s. 5. -

39% 1859
2
Chap. 153. Prize Fighting. 49 WICT.
Proceedings
when prize
*fight is about
ºto take place.
3rrest.
Recogniz-
&ll) CC,
Commitment
in default.
Sheriff may
prevent prize
fight by force.
Who shall be
competent
witnesses, &c.
6.- If, at any time, the sheriff of any county, place or
district in Canada, any chief of police, any police officer, or
any constable, or other peace officer, has reason to believe
that any person within his bailiwick or jurisdiction is about
to engage as principal in any prize fight within Canada, he
shall forthwith arrest such person and take him before some
person having authority to try offences against this Act, and
shall forth with make complaint in that behalf, upon oath,
before such person; and thereupon such person shall inquire
into the charge, and if he is satisfied that the person so
brought before him was, at the time of his arrest, about to
engage as a principal in a prize fight, he shall require the
accused to enter into a recognizance, with sufficient sureties,
in a sum not exceeding five thousand dollars and not less
than one thousand dollars, conditioned that the accused will
not engage in any such fight within one year from and
after the date of such arrest ; and in default of such recog-
nizance, the person before whom the accused has been
brought shall commit the accused to the gaol of the county,
district or city within which such inquiry takes place, or if
there is no common gaol there, then to the common gaol
which is nearest to the place where such inquiry is had,
there to remain until he gives such recognizance with such
sureties. 44 W., c. 30, s. 6.
7. If any sheriff has reason to believe that a prize fight
is taking place or is about to take place within his jurisdic-
tion as such sheriff, or that any persons are about to come
into Canada at a point within his jurisdiction, from any
place outside of Canada, with intent to engage in, or to be
concerned in, or to attend any prize fight within Canada,
he shall forthwith summon a force of the inhabitants of
his district or county sufficient for the purpose of suppress-
ing and preventing such fight, and he shall, with their aid,
suppress and prevent the same, and arrest all persons present
thereat, or who come into Canada as aforesaid, and shall take
them before some person having authority to try offences
against this Act, to be dealt with according to law, and fined
or imprisoned, or both, or compelled to enter into recogniz-
ances with sureties, as hereinbefore provided, according to
the nature of the case. 44 W., c. 30, s. 7.
8- Every person offending against any of the provisions
of this Act, except the principals engaged or intending to .
engage in a prize fight, shall be competent and compellable
to give evidence in any proceeding under this Act, in the
same manner and to the same extent as other persons; and
mo person examined as a witness shall be excused from
answering any question on the ground that his answer will
tend to criminate him ; but his evidence shall not be used
against him in any proceeding or prosecution whatsoever,
1886. Prize Fighting. Chap. 153. 3
and he shall not be liable to punishment for the offence
respecting which he is required to testify. 44 W., c. 30, s. 8.
9. If, after hearing evidence of the circumstances, con- ſº
nected with the origin of the fight or intended fight, the jº. but
person before whom a complaint is made under this Act is an º
satisfied that such fight or intended fight was bond ſide the *
consequence or result of a quarrel or dispute between the
principals engaged or intended to engage therein, and that
the same was not an encounter or fight for a prize, or on the
result of which the handing over or transfer of money or
property depends, such person may, in his discretion, dis-
charge the accused or impose upon him a penalty not exceed-
ing fifty dollars. 44 W., c. 30, s. 9.
10. Every judge of a superior court or of a county court, ºil,
• ſ” & º e g judges to have
judge of the sessions of the peace, stipendiary magistrate, poºrs of
police magistrate, and commissioner of police of Canada * of the
shall, within the limits of his jurisdiction as such judge, *
magistrate or commissioner, have all the powers of a justice
of the peace with respect to offences against this Act. 44 W.,
c. 30, s. 10, part.
OTTAWA : Printed by BRows CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
}
394% 1861
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CHAPTER 154,
An Act respecting Perjury. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
" Everyone who commits perjury or subornation of per- Punishment
jury is guilty of a misdemeanor, and liable to a fine in the of Perjury.
discretion of the court and to fourteen years' imprisonment.
32-33 W., c. 23, s. 1. º
2- Every one who, - Who are
(a.) Having taken any oath, affirmation, declaration or guilty of
affidavit in any case in which by any Act or law in force in 8. º, TC-
Canada, or in any Province of Canada, it is required or quired by
authorized that facts, matters or things be verified, or other- #ºiºi,
wise assured or ascertained, by or upon the oath, affirma- taken.
tion, declaration or affidavit of any person, wilfully and cor-
ruptly, upon such oath, affirmation, declaration or affidavit,
deposes, swears to or makes any false statement as to any
such fact, matter or thing,
(b.) Knowingly, wilfully and corruptly, upon oath or False state-
affirmation, affirms, declares, or deposes to the truth of any ”
statement for so verifying, assuring or ascertaining any such
fact, matter or thing, or purporting so to do, or knowingly,
wilfully and corruptly takes, makes, signs or subscribes any
such affirmation, declaration or affidavit, as to any such fact,
matter or thing, such statement, affidavit, affirmation or
declaration being untrue, in the whole or any part thereof,
OI’—
(c.) Knowingly, wilfully and corruptly omits from any Wilful
such affidavit, affirmation or declaration, sworn or made *
under the provisions of any law, any matter which, by the
provisions of such law, is required to be stated in such
affidavit, affirmation or declaration,--
Is guilty of wilful and corrupt perjury, and liable to be |
punished accordingly : *
2. Provided, that nothing herein contained shall affect As to perjury
any case amounting to perjury at common law, or the case ...”
of any offence in respect of which other or special provision
is made by any Act, 32-33 W., c. 23, s. 2.




1863
2
Chap. 154. Perjury. 49 WIOT.
Making false
affidavit out of
the Province
in which it is
to be used.
Judge may
direct prose-
cution of per-
son guilty of
werjury before
him.
M. ſ.4-e-
4 6-0.6. Its
Commitment
or admission
to bail.
All evidence
material with
respect to per-
jury.
3. Every person who wilfully and corruptly makes any
false affidavit, affirmation or declaration, out of the Province
in which it is to be used, but within Canada, before any
functionary authorized to take the same for the purpose of
being used in any Province of Canada, shall be deemed
guilty of perjury, in like manner as if such false affidavit,
affirmation or declaration had been made in the Province in
which it is used, or intended to be used, before a competent
authority. 33 W., c. 26, s. 1, part.
4- Amy judge of any court of record, or any commissioner
before whom any inquiry or trial is held, and which he is
by law required or authorized to hold, may, if it appears to
him that any person has been guilty of wilful and corrupt
perjury in any evidence given, or in any affidavit, affirma-
tion, declaration, deposition, examination, answer or other
proceeding made or taken before him, direct such person to
be prosecuted for such perjury, if there appears to such judge
or commissioner a reasonable cause for such prosecution,--
and may commit such person so directed to be prosecuted
until the next term, sittings or session of any court having
power to try for perjury, in the jurisdiction within which
such perjury was committed, or permit such person to enter
into a recognizance, with one or more sufficient sureties, con-
ditioned for the appearance of such person at such next term,
sittings or session, and that he will then surrender and take
his trial and not depart the court without leave, and may
require any person, such judge or commissioner thinks fit, to
enter into a recognizance conditioned to prosecute or give
evidence against such person so directed to be prosecuted as
aforesaid. 32-33 W., c. 23, s. 6.
5- All evidence and proof whatsoever, whether given or
made orally, or by or in any affidavit, affirmation, declara-
tion, examination or deposition, shall be deemed and taken
to be material with respect to the liability of any person to
be proceeded against and punished for wilful and corrupt
perjury, or for subornation of perjury. 32-33 W., c. 23, s. 7.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
º - § - & % --
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CHAPTER 155.
An Act respecting Escapes and Rescues.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
1. Every one who is convicted of a felonious rescue is
liable to seven years' imprisonment, when no special punish-
ment is otherwise provided by statute, 32-33 W., c. 29, s. 84,
part.
*. Every one who escapes from or rescues, or aids in
rescuing any other person from lawful custody, or makes or
causes any breach of prison, if such offence does not amount
to felony, is guilty of a misdemeanor, and liable to imprison-
ment for any term less than two years. 32-33 W., c. 29, s. 84,
part.
3- Every one who, being a prisoner ordered to be detained
in any penitentiary, escapes from the person or persons
having the lawful custody of him, when being conveyed
thereto, or when being conveyed from one penitentiary to
another, is guilty of felony, and liable to two years' imprison-
ment. 46 W., c. 37, s. 54, part.
4- Every one who, being a prisoner in a penitentiary,
breaks prison or escapes, or attempts to escape from the
custody of any officer, guard or other servant of the peni-
tentiary while at work, or passing to or from work, either
within or beyond the prison walls or penitentiary limits,
is guilty of felony, and liable to three years' imprisonment.
46 W., c. 37, s. 54, part.
5. Every one who, being a prisoner in any penitentiary,
at any time attempts to break prison, or who forcibly breaks
out of his cell, or makes any breach therein with intent to
escape therefrom, whether successful or not, is guilty of
felony, and liable to one year's imprisonment. 46 V., c. 37,
s. 55, part.
6. Every one who rescues or attempts to rescue any pris-
omer while being conveyed to any penitentiary, or while
imprisoned thereim, or while being conveyed from one peni-
A. I.). ISS6.
Felonious.
TCS Clle.
Escape or
rescue frong
lawful
custody.
Escape while
being con-
veyed to a
penitentiary.
Escape from
a penitentiary
while at work.
Breaking out
of a peniten-
tiary.
Rescuing
prisoner from
a peniten-
tiary.





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1886. + Escapes and Rescues. Chap. 155.
remainder of his term unexpired at the time of his escape,
in addition to the punishment which is awarded for such
escape; and any imprisonment awarded for such offence
may be to the penitentiary or prison from which the escape
was made. 32-33 W., c. 29, s. 87.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -
1867
CHAPTER 156.
An Act respecting Offences against Religion. A. D. 1886.
Hº Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
i
t
1. Every one who, by threats or force, unlawfully ob-ºlº,
structs or prevents, or endeavors to obstruct or prevent, any *:::::::::
clergyman or other minister in or from celebrating divine in the #. w
service, or otherwise officiating in any church, chapel, meet-à."
ing-house, school-house or other place used for divine wor-
ship, or in or from the performance of his duty in the law-
ful burial of the dead, in any church-yard or other burial
place, or strikes or offers any violence to, or upon any civil
process, or under the pretence of executing any civil pro-
cess, arrests any clergyman or other minister who is engaged
in or, to the knowledge of the offender, is about to engage
in any of the rites or duties in this section mentioned, or
who, to the knowledge of the offender, is going to perform
the same, or returning from the performance thereof, is
guilty of a misdemeanor, and liable to imprisonment for Punishment.
any term less than two years. 32-33 W., c. 20, s. 36.
2. Every one who wilfully disturbs, interrupts or dis-Disturbing
quiets any assemblage of persons met for religious worship, ...”
or for any moral, social or benevolent purpose, by profane ligious wor-
discourse, by rude or indecent behavior, or by making a "P.
noise, either within the place of such meeting or so near it
as to disturb the order or solemnity of the meeting, is guilty Punishment.
of a misdemeanor and liable, on Summary conviction, to a
penalty not exceeding twenty dollars and costs, and, in
default of payment, to imprisonment for a term not exceed-
ing one month, and may be arrested on view by any peace
officer present at such meeting, or by any other person pre-
sent, verbally authorized thereto by any justice of the peace
present thereat, and detained until he can be brought before
a justice of the peace. 32-33 W., c. 20, s. 37.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
- Excellent Majesty.

1869
An Act respecting Offences against Public Morals and
Public Convenience.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Every one who commits the crime of buggery, either
with a human being or with any other living creature, is
guilty of felony, and liable to imprisonment for life. 32-33
W., c. 20, s. 63.
2. Every one who attempts to commit buggery, or assaults
any person with intent to commit buggery, or who, being
a male, indecently assaults any other male, is guilty of a
misdemeanor, and liable to ten years' imprisonment. 32-33
'W., c. 20, s. 64.
3. Every one who—
(a.) Seduces and has illicit connection with any girl of
previously chaste character, or who attempts to have illicit
connection with any girl of previously chaste character,
being in either case of or above the age of twelve years and
under the age of sixteen years, or—
(b.) Unlawfully and carnally knows, or attempts to have
unlawful carnal knowledge of any female idiot or imbecile
woman or girl, under circumstances which do not amount
to rape, but which prove that the offender knew at the time
of the offence that the woman or girl was an idiot or imbe-
cile,
Is guilty of a misdemeanor, and liable to two years' im-
prisonment. 49 W., c. 52, s. 1 and s. 8, part.
4- Every one above the age of twenty-one years who,
under promise of marriage, seduces and has illicit connec-
tion with any unmarried female of previously chaste char-
acter and under eighteen years of age, is guilty of a misde-
meanor, and liable to two years' imprisonment. 49 W., c. 52,
s. 2 and s. 8, part.
5. Every one who, being the owner and occupier of any
premises, or having, or acting, or assisting in the manage-
ment or control thereof induces, or knowingly suffers, any
A. T). 1886.
Sodomy.
Attempts.
Persons
who—
Seduce or
attempt to
seduce girls
under sixteen.
Unlawfully
have connec-
tion with
idiot or imbe-
cile women or
girls.
Punishment.
Seducing un-
der promise of
marriage.
Punishment.
Inducing
resort
for carnal
illicit know-

1871 -
ledge.
2
Chap. 157. Public Morals and Convenience. 49 WICT.
girl of such age as in this section mentioned, to resort to or
be in or upon such premises for the purpose of being un-
lawfully and carnally known by any man, whether such
carnal knowledge is intended to be with any particular
man or generally,– .
Punishment if (a.) If such girl is under the age of twelve years, is guilty
#..." of felony, and liable to ten years' imprisonment,
And if over (b.) If such girl is of or above the age of twelve and under
i.e. the age of sixteen years, is guilty of a misdemeanor, and
liable to two years' imprisonment:
Reasonable Provided, that it shall be a sufficient defence to any
.."...# charge under this section if it is made to appear to the court
cičnt defence, or jury before whom the charge is brought, that the person
so charged had reasonable cause to believe that the girl was
of or above the age of sixteen years. 49 W., c. 52, s. 4 and
s 8, part. -
No conviction 6. No person shall be convicted of any offence under
... .” the three sections of this Act next preceding upon the evi-
witness only, dence of one witness, unless such witness is corroborated
in some material particular by evidence implicating the
accused : -
Defendant a 2. In every case arising under the said sections, the defen-
‘...." dant shall be a competent witness in his own behalf upon
º any charge or complaint against him :
Limitation of 3. No prosecution under the said sections shall be com-
tº Pro- menced after the expiration of one year from the time when
SeCution. the offence was committed. 49 W., c. 52, ss. 5, 6 and 7, parts.
Persons 7. Every one who, by false pretences, false representa-
who— tions, or other fraudulent means,— -
iºn of (a.) Procures any woman or girl, under the age of twenty
º one years, to have illicit carnal connection with any man
age, or— other than the procurer, or— .
JEntice girl (b.) Inveigles or entices any such woman or girl to a house
lº. of ill-fame or assignation, for the purpose of illicit intercourse
} g * tº &
C. or prostitution, or who knowingly conceals in such house
any such woman or girl so inveigled or enticed,—
Punishment. Is guilty of a misdemeanor, and is liable to two years'
imprisonment: -
Search for 2. Whenever there is reason to believe that any such
§ woman or girl has been inveigled or enticed to a house of
and proceed- ill-fame or assignation, as aforesaid, then, upon complaint
# "..., thereof being made under oath by the parent, master or
thouse. guardian of such woman or girl, or in the event of such
woman or girl having neither parent, master nor guardian
in the province in which the offence is alleged to have been
committed, by any other person, to any justice of the peace,
or to a judge of any court authorized to issue warrants in
cases of alleged offences against the criminal law, such
justice of the peace or judge of the court may issue a war-
rant to enter, by day or night, such house of ill-fame or
1872
1886. Public Morals and Convenience. Chap. 157.
assignation, and to search for such woman or girl, and bring
her, and the person or persons in whose keeping and pos-
session she is, before such justice of the peace or judge of
the court, who may, on examination, order her to be deliv-
ered to her parent, master or guardian, or to be discharged,
as law and justice require. 48-49 W., c. 82, s. 1.
8. All persons who, -
(a.) Not having visible means of maintaining themselves,
live without employment, - -
(b.) Being able to work and thereby or by other means to
maintain themselves and families, wilfully refuse or neglect
to do so, - .
(c.) Openly expose or exhibit in any street, road, public
place or highway, any indecent exhibition, or openly or
indecently expose their persons,—
(d.) Without a certificate signed, within six months, by a
priest, clergyman or minister of the gospel, or two justices
of the peace, residing in the municipality where the alms are
being asked, that he or she is a deserving object of charity,
wander about and beg, or go about from door to door, or
place themselves in any street, highway, passage or public
place to beg or receive alms, f
(e.) Loiter on any street or highway, and obstruct pas-
sengers by standing across the footpaths or by using insult-
ing language, or in any other way,+
(f) Cause a disturbance in any street or highway by
screaming, swearing or singing, or by being drunk, or by
impeding or incommoding peaceable passengers, L
(g.) By discharging firearms, or by riotous or disorderly
conduct in any street or highway, wantonly or maliciously
disturb the peace and quiet of the inmates of any dwelling
house near such street or highway,+
(h.) Tear down or deface signs, break windows, doors
or door plates, or the walls of houses, roads or gardens, or
destroy fences,
(i.) Are common prostitutes or night walkers, wandering
in the fields, public streets or highways, lanes or places
of public meeting or gathering of people, and not giving a
satisfactory account of themselves,
(j.) Are keepers or inmates of disorderly houses, bawdy-
houses or houses of ill-fame, or houses for the resort of
prostitutes, or persons in the habit of frequenting such
houses, not giving a satisfactory account of themselves,
(k.) Have no peaceable profession or calling to maintain
themselves by, but who do, for the most part, support them-
selves by gaming or crime, or by the avails of prostitution,--
Are loose, idle or disorderly persons or vagrants, within
the meaning of this section :
2. Every loose, idle or disorderly person or vagrant shall,
upon summary conviction before two justices of the peace,
be deemed guilty of a misdemeanor, and shall be liable to a
What persons
shall be
deemed loose,
idle or dis-
orderly or
vagrants.
Punishment
of such per-
SOIlS.
1873 *
Chap. 157. Public Morals and Convenience. 49 VICT.
Justices may
cause such
persons to be
brought be-
fore them.
To What
places of de-
tention they
shall be com-
mitted.
fine not exceeding fifty dollars or to imprisonment, with or
without hard labor, for any term not exceeding six months,
or to both :
3. Any stipendiary or police magistrate, mayor or warden,
or any two justices of the peace, upon information before
them made, that any person hereinbefore described as a
loose, idle or disorderly person, or vagrant, is or is reason-
ably suspected to be harbored or concealed in any disorderly
house, bawdy-house, house of ill-fame, tavern or boarding-
house, may, by warrant, authorize any constable or other.
person to enter at any time such house or tavern, and to
apprehend and bring before them or any other justices of the
peace, every person found therein so suspected as aforesaid:
4. If provision is made therefor by the laws of the Pro-
Vince in which the conviction takes place, any such loose,
idle or disorderly person may, instead of being committed.
to the common gaol or other public prison, be committed to
any house of industry or correction, almshouse, work house
or reformatory prison. 32-33 W., c. 28;-37 W., c. 43;-44 W.,
c. 31;-R. S. N. S. (3rd S.), c. 162, s. 9. -
OTT AWA : Printed by BRGw N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1874
CHAPTER I58.
An Act respecting Gaming Houses. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:– -
H. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “chief constable '' includes chief of *čief COIl-
police, city marshal or other head of the police force of any “stable.”
city, town or place ;
(b.) The expression “deputy chief constable * includes . º,
deputy chief of police, deputy city marshal or other deputy tº jº
head of the police force of any city, town or place.
2- If the chief constable or deputy chief constable of Police magis-
any city or town, or other officer authorized to act in his ...".
absence, reports in writing to any of the commissioners of ºrize
police or mayor of such city or town, or to the police magis- iſ º:
trate of any town, that there are good grounds for believing, º'"
and that he does believe, that any house, room or place
within the said city or town is kept or used as a common
gaming house, whether admission thereto is limited to those
possessed of entrance keys or otherwise, the said commis-
sioners or commissioner, or mayor, or the said police magis-
trate, may, by order in writing, authorize the chief constable,
deputy chief constable, or other officer as aforesaid, to enter
any such house, room or place, with such constables as are
deemed requisite by the chief constable, deputy chief con-
stable or other officer, Land, if necessary, to use force for
the purpose of effecting such entry, whether by breaking
open doors or otherwise,_and to take into custody all per- Arrest of per-
sons who are found therein, and to seize all tables and Sons therein
* g * & and seizure of
instruments of gaming found in such house or premises, and iirºis.
also to seize all moneys and securities for money found
therein. 38 W., c. 41, s. 1 ;–40 W., c. 33, s. 1.
3. The chief constable, deputy chief constable or other Powers of
officer making such entry, in obedience to any such order, *
may, with the assistance of one or more constables, search
all parts of the house, room or place which he has so entered,
where he suspects that tables or instruments of gaming are
concealed, and all persons whom he finds therein, and seize

40% 1875
Chap. 158. - Gaming Houses. - 49 VICT.
What shall be
deemed evi-
dence of gam-
ing.
Instruments
to be des-
troyed.
Punishment
of persons
playing or
looking on. |
|
{
ſ
Punishment
of persons
Obstructing
Constables.
all tables and instruments of gaming which he so finds.
38 W., c. 41, s. 2.
4. When any cards, dice, balls, counters, tables or other
instruments of gaming, used in playing any unlawful game,
are found in any house, room or place suspected to be
used as a common gaming house, and entered under a war-
rant or order issued under this Act, or about the person of
any of those who are found therein, it shall be evidence,
until the contrary is made to appear, that such house, room
or place is used as a common gaming house, and that the
persons found in the room or place where such tables
or instruments of gaming are found were playing therein,
although no play was actually going on in the presence of
the chief constable, deputy chief constable or other officer
entering the same under a warrant or order issued under
this Act, or in the presence of those persons by whom he is
accompanied as aforesaid. 38 W., c. 41, s. 3;-40 W., c. 33,
s. 2. -
5. The police magistrate or other justice of the peace be-
fore whom any person is taken by virtue of any order or
warrant under this Act, shall direct any cards, dice, balls,
counters, tables or other instruments of gaming, used in
playing any game, and seized under this Āct in any place
used as a common gaming house, to be forthwith destroyed,
and any money or securities so seized shall be forfeited to
the Crown for the public uses of Canada. 40 W., c. 33, s. 3.
6. Every one who plays or looks on while any other person
is playing in a common gaming house is guilty of an offence,
and liable, on summary conviction before two justices of the
peace, to a penalty not exceeding one hundred dollars and
not less than twenty dollars, and, in default of payment, to
imprisonment for a term not exceeding two months. 40 W.,
c. 33, S. 4, part.
7. Every one who wilfully prevents any constable or
other officer, authorized under any of the preceding sections
to enter any house, room or place, from entering the same,
or any part thereof, or who obstructs or delays any such
constable or officer in so entering, and every one who, by
any bolt, chain or other contrivance, secures any external
or internal door of, or means of access to, any house, room
or place so authorized to be entered, or uses any means or
contrivance whatsoever for the purpose of preventing, ob-
structing or delaying the entry of any constable or officer
authorized as aforesaid, into any such house, room or place,
or any part thereof, shall, for every such offence, be liable,
on summary conviction before two justices of the peace, to
a penalty not exceeding one hundred dollars, with costs, and
to imprisonment with or without hard labor for any term not
exceeding six months. 38 W., c. 41, s. 4.
1876
1886. Gaming Houses. Chap. 158. 3.
8.- If any constable or officer authorized, as aforesaid, to What shall be
enter any house, room or place, is wilfully prevented from, º
or obstructed or delayed in entering the same or any part common gam-
thereof.--or if any external or internal door of, or means of * house.
access to any such house, room or place so authorized to
be entered, is found to be fitted or provided with any bolt,
bar, chain or any means or contrivance for the purpose of
preventing, delaying or obstructing the entry into the same,
or any part thereof, of any constable or officer authorized, as
aforesaid, or for giving an alarm in case of such entry, or if
any such house, room or place is found fitted or provided
with any means or contrivance for unlawful gaming, or
with any means or contrivance for concealing, removing or
destroying any instruments of gaming, it shall be evidence,
until the contrary is made to appear, that such house, room
or place is used as a common gaming house, and that the
persons found therein were unlawfully playing therein.
38 W., c. 41, s. 5. -
9. The police magistrate, mayor or justice of the peace, Magistrate
before whom any person is brought who has been found in º dººr.
any house, room or place, entered in pursuance of any war-º
rant or order issued under this Act, may require any such lºgº
person to be examined on oath and to give evidence touching"
any unlawful gaming in such house, room or place, or touch-
ing any act done for the purpose of preventing, obstructing
or delaying the entry into such house, room or place, or any
part thereof, of any constable or officer authorized as afore-
said; and no person so required to be examined as a witness
shall be excused from being so examined when brought be-
fore such police magistrate, mayor or justice of the peace, or
from being so examined at any subsequent time by or before
the police magistrate or mayor or any justice of the peace,
or by or before any court, on any proceeding, or on the trial
of any indictment, information, action or suit in anywise
relating to such unlawful gaming, or any such acts as afore-
said, or from answering any question put to him touching
the matters aforesaid, on the ground that his evidence will
tend to criminate himself; and any such person so required Punishment
to be examined as a witness who refuses to make oath accord-9ſ Persºn***
º e & fusing to give
ingly, or to answer any such question, shall be subject to be evidence.”
dealt with in all respects as any person appearing as a wit-
mess before any justice or court in obedience to a summons
or subpoena and refusing without lawful cause or excuse to
be sworn or to give evidence, may, by law, be dealt with ;
but nothing in this section shall render any offender, under
the sixth section of this Act, liable on his trial to examina-
tion hereunder. 38 W., c. 41, s. 6;-40 W., c. 33, s. 4, part.
10. Every person so required to be examined as a witness, such wit-
who, upon such examination, makes true disclosure, to the lºssº.
best of his knowledge, of all things as to which he is exam- º gº-
40.3% - 1877 .
4 Chap. 158. Gaming Houses. 49 WICT.
... ined shall receive from the judge, justice of the peace, magis-
*::::::::" trate, examiner or other judicial officer before whom such
proceeding is had, a certificate in writing to that effect, and
shall be freed from all criminal prosecutions and penal
actions, and from all penalties, forfeitures and punishments
to which he has become liable for anything done before that
time in respect of the matters regarding which he has been
What the cer-examined; but such certificate shall not be effectual for the
.." purpose aforesaid, unless it states that such witness made a
true disclosure in respect to all things as to which he was
examined; and any action, indictment or proceedings pend-
ing or brought in any court against such witness, in respect
of any act of gaming regarding which he was so examined,
shall be stayed, upon the production and proof of such cer-
tificate, and upon summary application to the court in which
such action, indictment or proceeding is pending, or any
judge thereof, or any judge of any of the superior courts of
any Province. 38 W., c. 41, s. 7.
OTTA WA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1878
CHAPTER 159.
An Act respecting Lotteries, Betting and Pool-selling. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
1. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “personal property” includes every ºnal
description of money, chattel and valuable security, and “property.”
every kind of personal property ;
(b.) The expression “real property” includes every de- Real pºo.
º of land, and all estates and interests therein. C.S.C., “P”
c. 95, s. 7.
LOTTERIES.
2. Every one who makes, prints, advertises or publishes, Penalty for
or causes or procures to be made, printed, advertised or pub- *†. 8.
lished, any proposal, scheme or plan, for advancing, lend-lottery.
ing, giving, selling or in any way disposing of any property,
either real or personal, by lots, cards, tickets, or any mode of
chance whatsoever, or sells, barters, exchanges or otherwise
disposes of, or causes or procures, or aids or assists in the
sale, barter, exchange or other disposal of, or offers for sale,
barter or exchange, any lot, card, ticket or other means or
device, for advancing, lending, giving, selling or otherwise
disposing of any property, real or personal, by lots, tickets
or any mode of chance whatsoever, shall be liable, on sum-
mary conviction, to a penalty of twenty déllars. C. S. C.,
c. 95, s. 1. _-
3. Every one who buys, barters, exchanges, takes or re- º for
ceives any such lot, card, ticket, or other device, shall be º
liable, on summary conviction, to a penalty of twenty dol-tery tickets.
lars. C. S. C., c. 95, s. 2.
4. Every sale, loan, gift, barter or exchange of any real or Şāleā, ść,
g r founded on
personal property, by any lottery, ticket, card or other mode joid.
of chance whatsoever, depending upon or to be determined
by chance or lot, shall be void, and all such real or personal
property so sold, lent, given, bartered or exchanged, shall be
forfeited to any person who sues for the same by action or
information in any court of competent jurisdiction. C. S. C.,
c. 95, s. 3.

.rº - 1879 R
2
Chap. 159. Lotteries, Betting and Pool Selling. 49 WICT.
As to pur-
chaser with-
out notice. ”
Act to extend
to publication
of foreign
lottery
schemes.
As to bonā
fide division of
property held
111 CONIll]1Oll.
Act not to
apply—
o raſtles at
bazaars.
Or to distri-
bution by lot
of works of
art.
\
Persons
who—
Use premises
for pool
Selling, &c.
Keep appar-
atus for such
purpose.
Become cus-
todians of
Wagers.
Record bets
or sell pools—
On events
specified.
5. No such forfeiture shall affect any right or title to such
real or personal property acquired by any bond ſide pur-
chaser for valuable consideration, without notice. C. S. C.,
c. 95, s. 4.
6. The provisions of this Act shall extend to the printing
or publishing, or causing to be printed or published, of any
advertisement, scheme, proposal or plan of any foreign lot-
tery, and to the sale, or offer for sale, of any ticket, change
or share, in any such lottery, or to the advertisement for sale
of such ticket, chance or share. C. S. C., c. 95, s. 6.
7. Nothing in this Act contained, shall prevent joint
tenants, or tenants in common, or persons having joint in-
terests (droits indivis) in any real or personal property, from
dividing such property by lot or chance in the same manner
as if this Act had not been passed. C. S. C., c. 95, s. 9.
8. Nothing in this Act shall apply,–
(a.) To raffles for prizes of Small value, at any bazaar held
for any charitable object, if permission to hold the same
has been obtained from the city or other municipal council,
or from the mayor, reeve or other chief officer of the city,
town or other municipality, wherein such bazaar is held,
and the articles raffled for have thereat first been offered for
sale, and none of them are of a value exceeding fifty dollars;
(b) To any distribution by lot, among the members or
ticket holders of any incorporated society established for the
encouragement of art, of any paintings, drawings or other
work of art, produced by the labor of the members of, or
published by or under the direction of such incorporated
society. 23 W. (Can.), c. 36;-46 V., c. 36.
|BETTING AND POOL-SET_LING.
9. Every one who,
(a.) Uses or knowingly allows any part of any premises
under his control to be used for the purpose of recording or
registering any bet or wager, or selling any pool,-
(b.) Keeps, exhibits, or employs, or knowingly allows to
be kept, exhibited or employed, in any part of any premises
under his control, any device or apparatus, for the purpose
of recording or registering any bet or wager or selling any
pool,-
(c.) Becomes the custodian or depositary of any money,
property, or valuable thing staked, wagered or pledged, or,
(d) Records or registers any bet or wager, or sells any
pool,-
Upon the result of any political or municipal election, or
of any race, or of any contest or trial of skill or endurance
of man or beast,-
R. 1880
1886. Lotteries, Betting and Pool Selling. Chap. 159. 3
Is guilty of a misdemeanor, and liable to a fine not ex-Punishment.
ceeding one thousand dollars, and to imprisonment for any
term not exceeding one year:
2. Nothing in this section shall apply to any person by Act not to ex-
reason of his becoming the custodian or depositary of any i. of
money, property or valuable thing staked, to be paid to the stakes in cer-
winner of any lawful race, sport, game or exercise, or to * *
the owner of any horse engaged in any lawful race, or to
bets between individuals. 40 W., c. 31, ss. 1 and 2.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1881
An Act respecting Gambling in Public Conveyances. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Every one who in any railway car, or steam-boat, used Punishment
as a public conveyance for passengers, by means of any game ::::::::
of cards, dice or other instrument of gambling, or by any money by .
device of like character, obtains from any other person any sº
money, chattel, valuable security or property, is guilty of veyances.
the misdemeanor of obtaining the same unlawfully by false
pretences, and liable to imprisonment for any term less than
one year : .
2. Any attempt to commit such offence by actually engag- And of at-
ing any person in any such game with intent to obtain *
money or other valuable thing from him, is a misdemeanor,
punishable in like manner as the offence itself. 40 W., c. 32,
S. 1, part. .
2. Every such offence may be dealt with, inquired of, where the
tried, determined and punished as being committed either ..".
at the place where it actually took place, or in any district, punished.
county or place through or adjoining to or by the boundary
of any part whereof the railway car or steam-boat passed in
the course of the journey or voyage during which the offence
was committed, in the same manner as if it had been actually
committed in such district, county or place. 40 W., c. 32,
s. 2.
3. Every conductor, master or superior officer in charge Aires of
- ge offenders.
of, and every clerk or employee when authorized by the
conductor or superior officer in charge of any railway train
or steam-boat, station or landing place, in or at which any
such offence, as aforesaid, is committed or attempted, shall,
with or without warrant, arrest any person whom he has
good reason to believe to have committed or attempted to
commit the same, and shall take him before a justice of the
peace, and make complaint of such offence on oath, in writ-
ing ; and the offender, whether arrested with or without a How dealt
warrant, shall be dealt with, and other proceedings shall be ..."
had, as if he had been arrested upon a warrant of such
justice :

1883
2 Chap. 160. Gambling in Public Conveyances. 49 WICT.
†. 2. Every conductor, master or superior officer in charge of
jº any railway car or steam-boat to which this Act applies,
der. who makes default in the discharge of any duty imposed on
him by this section, shall, on summary conviction, be liable
to a penalty not exceeding one hundred dollars, and not less
than twenty dollars. 40 W., c. 32, ss. 3 and 5, part.
*..." to 4- Any money or valuable thing obtained by an offence
obtained by against the first section of this Act, shall be dealt with as
larceny. obtained by larceny from the person. 40 W., c. 32, s. 4, part,
Fees to per- 5- Every person arresting any such offender, with or
Sons arresting : º º e e
an offenjº without a warrant, and taking him before a justice of the
peace, and otherwise complying with this Act in respect of
such offender, shall be entitled to the same fees, payable in
the same manner, as if he had so done under a warrant of
such justice. 40W., c. 32, s. 4, part.
$º .* 6- Every company or person who owns or works any rail-
.** way car or steam-boat to which this Act applies, shall keep
- a copy thereof posted up in some conspicuous part of such
º for railway car or steam-boat; and every company or person
* W.& M. "Je who makes default in the discharge of such duty, shall be
liable to a penalty not exceeding one hundred dollars and
not less than twenty dollars. 40 W., c. 32, s. 5, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1884 • 9
CHAPTER 161.
An Act respecting Offences relating to the Law of A. D. 1886.
- Marriage.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows —
1- Every one who, Unlawfully
(a.) Without lawful authority, the proof of which shalllie º,
on him, solemnizes or pretends to solemnize any marriage, unlawful
Solemnization
OI’— - e
(b.) Procures any person to solemnize any marriage, know- of marriage.
ing that such person is not lawfully authorized to solemnize
such marriage, or knowingly aids or abets such person in
performing such ceremony,
Is guilty of a misdemeanor, and liable to a fine or to two Punishment.
years' imprisonment, or to both. C. S. U. C., c. 102, ss. 1 and
2;—R. S. N. S. (3rd S.), c. 161, s. 3;-1 R. S. N. B., c. 146, s. 2.
2. Every one who procures a feigned or pretended mar- Procuring
riage between himself and any woman, and every one who * TO 8, T-
knowingly aids and assists in procuriug such feigned or
pretended marriage, is guilty of a misdemeanor, and liable
to two years' imprisonment:
2. No person shall be convicted of any offence under this No conviction
section upon the evidence of one witness, unless such wit- ..."
mess is corroborated in some material particular by evidence only.
implicating the accused:
3. In every case arising under this section the defendant Defendant a
shall be a competent witness in his own behalf upon any ..."
charge or complaint against him : -
4. No prosecution under this section shall be commenced Limitation of
after the expiration of one year from the time when the ...”
offence was committed. 49 W., c. 52, ss, 3 and 5, 6, 7 and 8,
parts.
3- Every one who, being lawfully authorized, knowingly Solemnizing
and wilfully solemnizes any marriage in violation of the . .
laws of the Province in which the marriage is solemnized, provincial
is guilty of a misdemeanor, and liable to a fine or to one *
year's imprisonment :
2. No prosecution for any offence against this section shall Time for pro-
be commenced except within two years after the offence is .
Committed. C. S. U. C., c. 102, ss. 3, and 4, parts ;-1 R. S.
N. B., c. 146, s. 3, part ;-R. S. B. C., c. 89, s. 14.


1885
2 Chap. 161. Offences in relation to Marriage. 49 WICT.
BIGAMY.
Bigamy. 4- Every one who, being married, marries any other per-
Punishment º' during the life of the former husband or wife, whether
- the second marriage takes place in Canada, or elsewere, is
guilty of felony, and liable to seven years' imprisonment:
º: 2. Nothing in this section contained shall extend to,
Marriage by - **** In Trºº * º gº
an alien out (a.) Any second marriage contracted elsewhere than in
of Canada. Canada by any other than a subject of Her Majesty resident
in Canada and leaving the same with intent to commit the
offence ;
*::::: (b.) Any person marrying a second time whose husband
º or wife has been continually absent from such person: for
the space of seven years then last past, and who was not
known by such person to be living within that time ;
Divorce. (c.) Any person who, at the time of such second marriage, .
was divorced from the bond of the first marriage; or—
Former (d.) Any person whose former marriage has been declared
marriage e tº as * * * g e
º void by the sentence of any court of competent jurisdiction.
32-33 W., c. 20, s. 58, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1886
CHAPTER 162.
An Act respecting Offences against the Person.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1. In this Act, unless the context otherwise requires, the
expression “loaded arms” includes any gun, pistol or other
arm loaded in the barrel with gunpowder or other explosive
substance, and ball, shot, slug or other destructive material,
or charged with compressed air and having ball, shot, slug
or other destructive material in the barrel, although the
attempt to discharge the same fails. 32-33 W., c. 20, s. 18.
IHOMICIDE.
A. D. 1886.
Interpreta-
tion.
“Loaded
‘‘ arms.”
2. Everv one who is convicted of murder shall suffer death Murder.
y
as a felon. 32-33 W., c. 20, s. 1.
3. Every one who,
(a.) Conspires, confederates or agrees with any person to
murder any other person, whether the person intended to be
murdered is a subject of Her Majesty or not, or is within
the Queen's dominions or not, or—
(b.) Solicits, encourages, persuades, endeavors to persuade
or proposes to any person to murder any other person,
whether the person whose murder is solicited, encouraged
or attempted to be procured is a subject of Her Majesty or
not, or within the Queen's dominions or not, -
Is guilty of a misdemeanor, and liable to ten years' im-
prisonment, 32-33 W., c. 20, s. 3.
4. Every accessory after the fact to murder is liable to
imprisonment for life. 32-33 W., c. 20, s. 4.
5- Every one who is convicted of manslaughter is liable
to imprisonment for life, or to pay such fine as the court
awards, in addition to or without any such imprisonment.
32-33 W., c. 20, s. 5. -
Conspiracy to
murder.
Proposal to
murder.
Accessory
after the fact.
Manslaugh-
ter.
6. No punishment or forfeiture shall be incurred by any Excusable
person who kills another by misfortune, or in his own
defence, or in any other manner without felony. 32-33 W.,
c. 20, s. 7.
homicide.

1887
2
Chap. 162. Offences against the Person. 49 WICT,
Petit treason.
Attempt to
murder.
Damaging
building with
intent to mur-
der.
Setting fire to,
&c., a ship
with intent to
murder.
Attempts to
poison, shoot,
drown, &c.,
any person
With intent to
murder.
Attempting
murder by
any other
In€8,11S.
Attempts to
maim, dis-
figure, &c.
7. Every offence which, before the abolition of the crime
of petit treason, would have amounted to petit treason, shall
be deemed to be murder only, and no greater offence. 32-33
W., c. 20, s. 8, part.
ATTEMPTS TO MURDER.
8. Every one who, with intent to commit murder, admin-
isters, or causes to be administered, or to be taken by any
person, any poison or other destructive thing, or by any
means whatsoever, wounds or causes any grievous bodily
harm to any person, is guilty of felony, and liable to impri-
sonment for life. 40 W., c. 28, s. 1.
9. Every one who, by the explosion of gunpowder or other
explosive substance, destroys or damages any building, with
intent to commit murder, is guilty of felony, and liable to
imprisonment for life. 32-33 W., c. 20, s. 11.
10. Every one who, with intent to commit murder, sets
fire to any ship or vessel, or any part thereof, or any part of
the tackle, apparel or furniture thereof, or any goods or any
chattels being therein, or casts away or destroys any ship or
vessel, is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 20, s. 12.
11- Every one who, with intent to commit murder, at-
tempts to administer to, or attempts to cause to be admin-
istered to, or to be taken by any person, any poison or other
destructive thing, or shoots at any person, or, by drawing a
trigger or in any other manner, attempts to discharge any
kind of loaded arms at any person, or attempts to drown,
suffocate or strangle any person, whether any bodily injury
is effected or not, is guilty of felony, and is liable to im-
prisonment for life. 32-33 W., c. 20, s. 13.
12. Every one who, by any means other than those spe-
cified in any of the preceding sections of this Act, attempts
to commit murder, is guilty of felony, and liable to imprison-
ment for life. 32-33 W., c. 20, s. 14.
ACTS CAUSING BODILY HARM OR, DANGEROUS TO LIFE.
13. Every one who, with intent to maim, disfigure or dis-
able any person, or to do some other grievous bodily harm to
any person, or with intent to resist or prevent the lawful
apprehension or detainer of any person, unlawfully and mali-
ciously, by any means whatsoever, wounds or causes any
grievous bodily harm to any person, or shoots at any person,
or, by drawing a trigger, or in any other manner, attempts
to discharge any kind of loaded arms at any person, is guilty
of felony, and liable to imprisonment for life. 32-33 W.,
c. 20, s. 17.
1888
1886. Offences against the Person. Chap. 162. 3.
H4. Every one who unlawfully and maliciously wounds łº,
! -- .ſ.l." ſº te '10S W 11.1). Ol'
or inflicts any grievous bodily harm upon any other person, †.
either with or without any weapon or instrument, is guilty weapon.
of a misdemeanor, and liable to three years' imprisonment.
32-33 W., c. 20, s. 19, part.
2 } } |
£5. Every one who, with intent thereby to enable him- Attempt to
self or any other person to commit, or with intent thereby *::: to
to assist any other person in committing any indictable commit an
offence, or by any means whatsoever, attempts to choke, ...”
suffocate or strangle any other person, or by any means cal-
culated to choke, suffocate or strangle, attempts to render any
other person insensible, unconscious or incapable of resist-
ance, is guilty of felony, and liable to imprisonment for life,
and to be whipped. 32-33 W., c. 20, s. 20.
16. Every one who, with intent thereby to enable him- Administer-
self or any other person to commit, or with intent thereby to #.”.”
assist any other person in committing any indictable offence, with like"
unlawfully applies or administers to, or causes to be taken "
by, or attempts to apply or administer to, or attempts or
causes to be administered to or taken by any person, any
chloroform, laudanum or other stupefying or overpowering
drug, matter or thing, is guilty of felony, and liable to im-
prisonment for life, and to be whipped. 32-33 W., c. 20, s. 21.
17. Every one who unlawfully and maliciously admin- Administer-
isters to, or causes to be administered to or taken by any ...”
other person, any poison or other destructive or noxious danger life,
thing, so as thereby to endanger the life of such person, or *
so as thereby to inflict upon such person any grievous bodily
harm, is guilty of felony, and liable to ten years' imprison-
ment. 32-33 W., c. 20, s. 22.
18. Every one who unlawfully and maliciously admin- Administer-
& * * * - e ſº º t 1ng polson
isters to, or causes to be administered to or taken by any jº..t
other person, any poison or other destructive or noxious to injure or
thing, with intent to injure, aggrieve or annoy such person, “”
is guilty of a misdemeanor, and liable to three years' im-
prisonment. 32-33 W., c. 20, s. 23.
#9. Every one who, being legally liable, either as a hus- Failing, when
band, parent, guardian, or committee, master or mistress, ... ."
;
f
g ſº * > g vide food, &c.
nurse or otherwise, to provide for any person as wife, child, whereby iife is
ward, lunatic or idiot, apprentice or servant, infant or other- ****
wise, necessary food, clothing or lodging, wilfully and with-
out lawful excuse, refuses or neglects to provide the same, or
unlawfully or maliciously does, or causes to be dome, any
bodily harm to any such apprentice or servant, so that the
life of such apprentice or servant is endangered, or the
health of such apprentice or servant has been, or is likely
1889
Chap. 162. Offences against the Person. 49 WICT.
Who may
give evidence
in a case spe-
cified.
to be, permanently injured, is guilty of a misdemeanor, and
liable to three years' imprisonment: -
2. In any prosecution of any person under this section,
for refusing or neglecting to provide necessary food, clothing
or lodging for his wife or child, his wife shall be competent
to give evidence as a witness, either for or against her hus-
band, and the person charged shall be a competent witness
in his own behalf. 32—33 W., c. 20, s. 25;-49 W., c. 51, s. 1.
Exposing
children.
Causing
bodily injury
by explosives.
Causing ex-
plosion, send-
ing explosives
and throwing
corrosive sub-
Stan CeS.
Placing ex-
plosive near a
building or
vessel.
Setting spring
guns, &c.
Allowing
the same
to remain
20. Every one who unlawfully abandons or exposes any.
child, being under the age of two years, whereby the life of
such child is endangered, or the health of such child has
been, or is likely to be, permanently injured, is guilty of
a misdemeanor, and liable to three years' imprisonment.
32-33 W., c. 20, s. 26. -
21. Every one who, unlawfully and maliciously, by the
explosion of gunpowder or other explosive substance, burns,
maims, disfigures, disables or does any grievous bodily harm
to any person, is guilty of felony, and liable to imprison-
ment for life. 32-33 W., c. 20, s. 27. . z
22. Every one who, with intent to burn, maim, disfigure
or disable any person, or to do some grievous bodily harm
to any person, unlawfully and maliciously causes any gun-
powder or other explosive substance to explode, or sends or
delivers to, or causes to be taken or received by any person
any explosive substance, or any other dangerous or noxious
thing, or puts or lays at any place, or casts or throws at Or
upon, or otherwise applies to any person, any corrosive fluid,
or any destructive or explosive substànce, and whether any
bodily harm is effected or not, is guilty of felony, and liable
to imprisonment for life. 32-33 W., c. 20, s. 28.
23. Every one who unlawfully and maliciously places
or throws in, into, upon, against or near any building, ship
or vessel, any gunpowder or other explosive substance, with
intent to do any bodily injury to any person, whether or not
any explosion takes place, and whether or not any bodily
injury is effected, is guilty of felony, and liable to fourteen
years' imprisonment. 32-33 W., c. 20, s. 29. -
24- Every one who sets or places, or causes to be set or
placed, any spring-gun, man-trap, or other engine calculated
to destroy human life or inflict grievous bodily harm, with
the intent that the same or whereby the same may destroy
or inflict grievous bodily harm, upon any trespasser or other
person coming in contact there with, is guilty of a misde-
meanor, and liable to three years' imprisonment :
2. Every one who knowingly and wilfully permits any
such spring-gun, man-trap or other engine which has been
SO Set.
1890
1886. Offences against the Person. Chap. 162. ... 5
set or placed by some other person, in any place which is,
or afterwards comes into his possession or occupation, to con-
tinue so set or placed, shall be deemed to have set or placed
such gun, trap or engine, with such intent as aforesaid:
3. Nothing in this section contained shall extend to make As to traps for
it illegal to set or place any gin or trap such as is usually “"“”
set or placed with the intent of destroying vermin. 32-33 W.,
c. 20, s. 30. -
25. Every one who, with intent to injure or to endanger ...'.
the safety of any person travelling or being upon any rail-º.”.”
way, unlawfully and maliciously puts or throws upon or removing
across such railway, any wood, stone, or other matter or rails, &c.
thing, or unlawfully and maliciously takes up, removes or
displaces any rail, railway switch, sleeper, or other matter
or thing belonging to such railway, or injures or destroys
any track, bridge or fence of such railway, or any portion
thereof, or unlawfully and maliciously turns, moves or diverts
any point or other machinery belonging to such railway,
or unlawfully and maliciously makes or shows, hides or
removes any signal or light upon or near to such railway,
or unlawfully and maliciously does or causes to be done any
other matter or thing, with such intent, is guilty of felony,
and liable to imprisonment for life. 32-33 W., c. 20, s. 31;-
42 W., c. 9, s. 88, part, and s. 89 ;-44 W., c. 25, ss. 116, part,
and 117. -
26- Every one who unlawfully and maliciously throws, Throwing
or causes to fall or strike at, against, into or upon any engine, º: &t 3,
tender, carriage or truck used upon any railway, any wood, carriage.
stone or other matter or thing, with intent to injure or en- -
danger the safety of any person being in or upon such engine,
tender, carriage or truck, or in or upon any other engine,
tender, carriage or truck of any train, of which such first
mentioned engine, tender, carriage or truck forms part, is
guilty of felony, and liable to imprisonment for life. 32-33 W.,
c. 20, s. 32.
27. Every one who, by any unlawful act, or by any wil-Rºing any-
ful omission or neglect of duty, endangers or causes to be *ś, per-
endangered the safety of any person conveyed or being in sons on a rail-
or upon a railway, or aids or assists therein, is guilty of a "“”
misdemeanor, and liable to imprisonment for any term less
than two years. 32-33 W., c. 20, s. 33.
28. Every one who, having the charge of any carriage or Injuring per-
vehicle, by wanton or furious driving, or racing or other;"
wilful misconduct, or by wilful neglect, does or causes to be tº
done any bodily harm to any person whomsoever, is guilty
of a misdemeanor, and liable to imprisonment for any term
, less than two years. 32-33 W., c. 20, s. 34.
41% 1891
6
Chap. 162. Offences against the Person. 49 WICT.
Leaving un-
guarded holes
in the ice on
any fre-
quented water
a misde-
Ill (28,1]. OT.
29. Every one who cuts or makes, or causes to be cut or
made for the purpose of harvesting or obtaining ice for sale
or use, any hole, opening, aperture or place, of sufficient
size or area to endanger human life, through the ice on any
navigable or other water open to or frequented by the pub-
lic, aud leaves such hole, opening, aperture or place, while
it is in a state dangerous to human life, whether the same
is frozen over or not, unguarded and uninclosed by a guard
or fence of sufficient height and strength to prevent any
person from accidentally riding, driving, walking. skating
Prosecution
and punish-
Žllent.
or falling therein, is guilty of a misdemeaner, and liable to
be punished by fine or imprisonment, on summary convic-
tion, before any justice of the peace or district magistrate,
having jurisdiction in any city, judicial district or county
within which, or on the borders of which, such navigable
J.eaving cer-
tain excava-
1ions un-
guarded a
misdemeanor,
Prosecution
and punish-
IIlêllt, .
Continuing to
leave open-
ings un-
guarded
after convic-
tion, to be a
11ew offence.
Offence to be
manslaughter
if causing loss
of life.
Negligently
causing
bodily injury.
or other water is wholly or partly situate. 49 W., c. 53, s. 1.
30- Every one who is the owner, manager or superin-
tendent of any abandoned or unused mine or quarry or pro-
perty upon or in which any excavation in search of mines
or quarries has been or is hereafter made of a sufficient area
and depth to endanger human life, and who leaves the
same unguarded and uninclosed by a guard or fence of
sufficient height and strength to prevent any person from
accidentally riding, driving, walking or falling therein, is
guilty of a misdemeanor, and liable to be punished by fine
or imprisonment or both, on summary conviction before
any justice of the peace having jurisdiction in the locality
in which the said mine or quarry is situate. 49 W., c. 53, s. 2.
81. If within five days after conviction for any offence
referred to in either of the two sections next preceding, a
suitable guard or fence is not constructed around or over
the said exposed opening, to conform to the provisions of
the said sections, the person liable for such omission may
be again complained of and convicted for the said offence,
and the plea of a former conviction therefor shall not avail
to him as a relief from the said complaint and conviction.
49 W., c. 53, s. 3. }
32. If any person loses his life by accidentally riding,
driving, walking, skating or falling into any such hole,
opening, aperture or place unguarded as is mentioned in
either of the three sections next preceding, the person or
persons whose duty it was to guard such hole, opening,
aperture or place, in manner aforesaid, is guilty of man-
slaughter. 49 W., c. 53, s. 4.
38. Every one who, by any unlawful act, or by doing
megligently or omitting to do any act which it is his duty
to do, causes grievous bodily injury to any other person, is
guilty of a misdemeanor, and liable to imprisonment for
any term less than two years. 32-33 W., c. 20, s. 35.
1892 $º
1886. Offences against the Person. Chap. 162. T
- ASSAUTATS,
34. Every one who assaults any person with intent to .
commit any indictable offence,—or assaults, resists or wil-mindictable
fully obstructs any revenue or peace officer, or any officerº
seizing trees, logs, timber or other products thereof, in the ºlº on
due execution of his duty, or any person acting in aid of
such officer, or assaults any person with intent to resist or
prevent the lawful apprehension or detainer of himself, or
of any other person for any offence,—or assaults, resists or
wilfully obstructs any person in the lawful execution of any
process against any lands or goods, or in making any law-
ful distress or seizure, or with intent to rescue any goods
taken under such process, distress or seizure, is guilty of a
misdemeanor, and liable to imprisonment for any term less
than two years. 32-33 W., c. 20, s. 39 ;––43 W., c. 28, s. 65,
part —46 W., c. 16, s. 6, part, and c. 17, s. 66, part.
35. Every one who commits any assault which occasions Assault,
..] : g & ** o e .S. D.
actual bodily harm, is guilty of a misdemeanor, and liable ...".
to three years' imprisonment. 32-33 W., c. 20, s. 47, part.
36. Every one who commits a common assault is guilty Common
- º - I e º g - * e assault.
of a misdemeanor, and liable, if convicted upon an indict-
ment, to one year's imprisonment, and, on summary convic-
tion, to a fine not exceeding twenty dollars and costs, or to
two months' imprisoniment, with or without hard labor.
32-33 W., c. 20, ss, 43, part, and 47, part.
RAPE.
37. Every one who commits the crime of rape is guilty Rape.
of felony, and liable to suffer death as a felon, or to imprison-
ment for life, or for any term not less than seven years.
36 W., c. 50, s. 1, part. -
ABDUCTION AND DEFII,EMENT OF WOMEN.
88. Every one who assaults any woman or girl with Assault with
intent to commit rape is guilty of a misdemeanor, and liable **
* to imprisonment for any term not exceeding seven years *
and not less than two years. 36 W., c. 50, s. 1, part.
39. Every one who unlawfully and carnally knows and §§
abuses any girl under the age of ten years, is guilty of º ten.
felony, and liable to imprisonment for life or for any term years of age.
not less than five years. 40 W., c. 28, s. 2.
40. Every one who unlawfully and carmally knows and The same be-
abuses any girl above the age of ten years and under the ...,
age of twelve years is guilty of a misdemeanor, and liable to and twelve.
seven years' imprisonment, 32-33 W., c. 20, s. 52.
41.3% 1893
8 Chap. 162. Offences against the Person. 40 WICT.
Attempts to 41. Every one who commits any indecent assault upon
...'..." any female, or attempts to have carnal knowledge of any
indecent girl under twelve years of age, is guilty of a misdemeanor
assault. and liable to imprisonment for any term less than two years,
and to be whipped. 32-33 W., c. 20, s. 53.
Abduction of 42. Every Ollé who, -
* Yºmº, (a.) From motives of lucre, takes away or detains against
against her º tº • I. - -
iii. i.e. her will, with intent to marry or carnally know her, or to
tº ºf cause her to be married or carnally known by any other per-
º son, any woman of any age who has any interest, whether
legal or equitable, present or future, absolute, conditional or
contingent in any real or personal estate, or who is a pre-
sumptive heiress or co-heiress or presumptive next of kin,
or one of the presumptive next of kin to any one having
such interest, or— - -
Abduction of (b.) Fraudulently allures, takes away or detains such
.." "" woman, being under the age of twenty-one years, out of the
S ‘’’ possession and against the will of her father or mother, or
of any other person having the lawful care or charge of her,
with intent to marry or carnally know her, or to cause her
to be married or carnally known by any other person,
Punishment. Is guilty of felony, and liable to fourteen years' imprison-
lment :
Offender 2. Every one convicted of any offence under this section
incapable of s he i * takin o' r ſo stºn. in 4 caves O”
taking any of shall be incapable of taking any estate or interest, legal or
jºr property, equitable, in any real or personal property of such woman,
or in which she has any interest, or which comes to her as
such heiress, co-heiress or next of kin; and if any such
marriage takes place, such property shall, upon such con-
viction, be settled in such manner as any court of competent
jurisdiction, upon any information, at the instance of the
Attorney General for the Province in which the property is
situate, appoints. 32-33 W., c. 20, s. 54.
º * 43. Every one who, by force, takes away or detains against
{l U1 CU1 () }} ()i i • º 7. * º
.."” her will any woman, of any age, with intent to marry or
carnally know her, or to cause her to be married or carnally
known by any other person, is guilty of felony, and liable to
fourteen years' imprisonment. 32-33 W., c. 20, s. 55.
Abduction of 41. Every one who unlawfully takes or causes to be taken
º,". any unmarried girl, being under the age of sixteen years,
tº. out of the possession and against the will of her father or
lmother, or of any other person having the lawful care or
charge of her, is guilty of a misdemeanor, and liable to im-
prisonment for any term less than two years. 32-33 W., c. 20,
S. 56.
é
CHILD ST EAIAIN G.
Taking away, 45. Every O]].62 who, -
.#" (a.) Unlawfully, either by force or fraud, leads or takes
children away or decoys or entices away or detains any child under
1894
1886. , Offences against the Person. Chap. 162.
the age of fourteen years, with intent to deprive any parent,
guardian or other person having the lawful care or charge
of such child, of the possession of such child, or with intent
to steal any article upon or about the person of such child,
to whomsoever such article belongs, or—
(b.) With any such intent, receives or harbors any such
child, knowing the same to have been, by force or fraud,
led, taken, decoyed, enticed away or detained, as in this sec-
tion before mentioned,—
Is guilty of felony, and liable to seven years' imprison-
ment : -
2. No person who has claimed any right to the possession
of such child, or is the mother, or has claimed to be the father
of an illegitimate child, shall be liable to be prosecuted by
virtue hereof on account of the getting possession of such
child or taking such child out of the possession of any per-
son having the lawful charge thereof. 32-33 W., c. 20, s. 57.
KIDNAPPING.
46. Every one who, without lawful authority, forcibly
seizes and confines or imprisons any other person within
Canada, or kidnaps any other person with intent, L
(a) To cause such other person to be secretly confined or
imprisoned in Canada against his will,— -
(b.) To cause such other person to be unlawfully sent or
transported out of Canada against his will, or—
(c.) To cause such other person to be sold or captured as a
slave, or in any way held to service against his will,—
Is guilty of felony, and liable to seven years' imprison-
ment:
2. Upon the trial of any offence under this section, the
non-resistance of the person so kidnapped or unlawfully con-
fined thereto, shall not be a defence, unless it appears that
it was not caused by threats, duress or force or exhibition of
force. 32-33 W., c. 20, ss. 69 and 70.
ABORTION.
47. Every woman, being with child, who, with the in-
tent to procure her own miscarriage, unlawfully administers,
or permits to be administered, to herself any poison or other
moxious thing, or unlawfully uses, or permits to be used on
herself, any instrument or other means whatsoever with the
like intent, and— •
Every one who, with intent to procure the miscarriage
of any woman, whether she is or is not with child, unlaw-
fully administers to her or causes to be taken by her any
poison or other noxious thing, or unlawfully uses any instru-
ment or other means whatsoever with the like intent, L
Is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 20, s. 59.
Recoiving:
stoler child.
Punishment.
Persons pre-
ferring cer-
tain claims
not liable to,
prosecution.
Seizing, con-
fining, or im-
prisoning
without law-
ful authority.
Punishment.
Non-resist-
8. In Ce 10t, à
defence.
Administer-
ing drugs or
using instru-
ments to pro-
cure abortion.
Punishment.
1895
10
Chap. 162, Offences against the Person. 49 WICT.
Supplying or
rocuring
rugs or 1m-
struments for
such purpose.
Concealing
birth of a
child.
48. Every one who unlawfully supplies or procures any
poison or other noxious thing, or any instrument or thing
whatsoever, knowing that the same is intended to be unlaw-
fully used or employed with intent to procure the miscarriage
of any woman, whether she is or is not with child, is guilty
of a misdemeanor, and liable to two years' imprisonment.
32-33 W., c. 20, s. 60.
CONCEA LING THE BIRTH OF A CHILD,
49. Every one who, by any secret disposition of the dead
body of any child of which any woman is delivered, whether
such child died before, at or after its birth, endeavors to con-
ceal the birth thereof, is guilty of a misdemeanor, and liable
to imprisonment for any term less than two years. 32-33 W.,
c. 20, s. 61, part.
OTT AWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1896
CHAPTER 163.
An Act respecting Libel. A. D. 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
1. Every one who publishes or threatens to publish any Publishing or
libel upon any other person, or directly or indirectly threa- ..."
tens to print or publish, or proposes to abstain from printing ºf #.
or publishing of, or offers to prevent the printing or publish- i.
ing of any matter or thing touching any other person, with “"“”
intent to extort any money or security for money or any
valuable thing, from such person or from any other person,
or with intent to induce any person to confer upon or pro-
cure for any person any appointment or office of profit or
trust, is guilty of a misdemeanor, and liable to a fine not
exceeding six hundred dollars, or to imprisonment for any
term less than two years, or to both. 37 V., c. 38, s. 1, part.
2. Every one who maliciously publishes any defamatory Publishing
libel, knowing the same to be false, is guilty of a misdé- "...,n.
meanor, and liable to a fine not exceeding four hundred it to be false.”
dollars, or to imprisonment for any term less than two years,
or to both. 37 V., c. 38, s. 2.
3. Every one who maliciously publishes any defamatory º
libel is guilty of a misdemeanor, and liable to a fine not º
exceeding two hundred dollars, or to imprisonment for any
term not exceeding one year, or to both. 37 V., c. 38, s. 3.
4. It shall, if pleaded, be a defence to an indictment or #: of de-
information for a defamatory libel, that the defamatory matter .
was true, and that it was for the public benefit that such defence.
matter should be published. 37 W., c. 38, ss. 5 and 6, parts.
5. Whenever, upon the trial of any indictment or infor- Evidence by
mation for the publication of a defamatory libel, to which a *::
plea of not guilty has been pleaded, evidence is given which tion having
establishes against the defendant a presumptive case of pub- tº:
lication by his authority, by the act of any other person, º *
the defendant may prove, and, if proved, it shall be a good
defence, that such publication was made without his autho-
rity, consent or knowledge, and that such publication did

1897
2 Chap. 163. Libel. 49 WICT,
not arise from want of due care or caution on his part. 87V,
c. 38, s. 10.
Publication 6. Every person against whom any criminal proceedings
by order of a e *
. are commenced or prosecuted in any manner for or on account
bºdy may be of or in respect of the publication of any report, paper, votes
pleaded. or proceedings, by such person or by his servant, by or under
the authority of any Legislative Council, Legislative Assem-
bly or House of Assembly, may bring before the court in
which such proceedings are so commenced or prosecuted, or
before any judge of the same, first giving twenty-four hours'
- notice of his intention so to do, to the prosecutor in such
Certificate to proceedings, or to his attorney or solicitor, a certificate under
** the hand of the speaker or clerk of any Legislative Council,
Legislative Assembly or House of Assembly, as the case may
be, stating that the report, paper, votes or proceedings, as
the case may be, in respect whereof such criminal proceed-
ings have been commenced or prosecuted, was or were pub-
lished by such person, or by his servant, by order or under
the authority of any Legislative Council, Legislative Assem-
* bly or House of Assembly, as the case may be, together with
Its effect. an affidavit verifying such certificate; and such court or
judge shall thereupon immediately stay such criminal pro-
ceedings, and the same shall be and shall be deemed and
taken to be finally put an end to, determined and superseded
by virtue hereof. 24 V. (P.E.I.), c. 31, s. 1.
Copy of report 7. In case of any criminal proceedings hereafter com-
iºr menced or prosecuted for or on account or in respect of the
correctness publication of any copy of such report, paper, votes or pro-
i..." ceedings, the defendant, at any stage of the proceedings, may
Court. lay before the court or judge such report, paper, votes or pro-
ceedings, and such copy, with an affidavit verifying such
report, paper, votes or proceedings, and the correctness of
such copy; and the court or judge shall immediately stay
such criminal proceedings, and the same shall be and shall
be deemed to be finally put an end to, determined and super-
seded by virtue hereof. 24 V. (P.E.I.), c. 31, s. 2.
#". 8. In any criminal proceeding commenced or prosecuted,
...” for printing any extract from or abstract of any such report,
port, &c., may paper, votes or proceedings, such report, paper, votes or
.." proceedings may be given in evidence, and it may be shown
© that such extract or abstract was published bond fide and
without malice, and if such is the opinion of the jury,
a verdict of not guilty shall be entered for the defendant.
24 V. (P.E.I.), c. 31, s. 3.
OTTAW. A : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -
1898
CHAPTER 164.
An Act respecting Larceny and similar Offences. A. P. lº-
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :- -
SHORT TITLE.
H. This Act may be cited as “The Larceny Act.” Short title.
INTER PRETATION.
2. In this Act, unless the context otherwise requires,-H. Prºtº-
e - g - * 1OLl.
(a.) The expression “document of title to goods'' includes tº jocument
any bill of lading, India warrant, dock warrant, warehouse- ºf º
keeper's certificate, warrant or order for the delivery or “
transfer of any goods or valuable thing, bought and sold
note, or any other document used in the ordinary course of
business as proof of the possession or control of goods, author-
izing or purporting to authorize, either by indorsement or
by delivery, the possessor of such document to transfer or
receive any goods thereby represented or therein mentioned
or referred to ; -
(b.) The expression “document of title to lands” includes Pogument
any deed, map, paper or parchment, written or printed, or º'
partly written and partly printed, being or containing evi-
dence of the title, or any part of the title, to any real pro-
perty, or to any interest in any real property, or any notarial
or registrar's copy thereof, or any duplicate instrument,
memorial, certificate or document authorized or required by
any law in force in any part of Canada, respecting registra-
tion of titles, and relating to such title ; -
(c.) The expression “trustee º’ means a trustee on some “Trustee.”
express trust created by some deed, will or instrument in
writing, or a trustee of personal property created by parol,
and includes the heir or personal representative of any such
trustee, and every other person upon or to whom the duty
of such trust has devolved or come, and also an executor
and administrator, and an official manager, assignee, liqui-
dator or other like officer acting under any Act relating to
joint stock companies, bankruptcy or insolvency, and any
person who is, by the law of the Province of Quebec, an
“administrateur;” and the expression “trust,” includes what-
ever is by that law an “administration ;”

1899
2
Chap. 164. Larceny, &c. 49 WICT.
“Waluable
“security.”
* Property.”
Sa Sec. 3 (?)07
&c.- 4.4 / ??,
“‘Cattle.”
(d.) The expression “valuable security” includes any
order, exchequer acquittance or other security whatsoever,
entitling or evidencing the title of any person or body cor-
porate to any share or interest in any public stock or fund,
whether of Canada or of any Province thereof, or of the
United Kingdom, or of Great Britain or Ireland, or of any
British colony or possession, or of any foreign state, or in any
fund of any body corporate, company or society, whether
within Canada or the United Kingdom, or any British colony
or possession, or in any foreign state or country, or to any
deposit in any savings bank or other bank, and also in-
cludes any debenture, deed, bond, bill, note, warrant, order
or other security whatsoever, for money or for payment of
money, whether of Canada or of any Province thereof, or of
the United Kingdom, or of any British colony or possession,
or of any foreign state, and any document of title to lands
or goods as hereinbefore defined, and any stamp or writing
which secures or evidences title to or interest in any chattel
personal, or any release, receipt, discharge or other instru-
ment evidencing payment of money, or the delivery of any
chattel personal; and every such valuable security shall,
where value is material, be deemed to be of value equal to
that of such unsatisfied money, chattel personal, share, in-
terest or deposit, for the securing or payment of which, or
delivery or transfer or sale of which, or for the entitling or
evidencing title to which, such valuable security is appli-
cable, or to that of such money or chattel personal, the pay-
ment or delivery of which is evidenced by such valuable
security;
(e.) The expression “property” includes every descrip-
tion of real and personal property, money, debts and legacies,
and all deeds and instruments relating to or evidencing the
title or right to any property, or giving a right to recover or
receive any money or goods,-and also not only such pro-
perty as was originally in the possession or under the con-
trol of any person, but also any property into or for which
the same has been converted or exchanged, and anything
acquired by such conversion or exchange, whether immedi-
ately or otherwise,_and also any postal card, postage stamp
or other stamp issued or prepared for issue by the authority
of the Parliament of Canada, or of the Législature of any
Province of Canada, for the payment of any fee, rate or duty
whatsoever, and whether still in the possession of the Crown,
or of any person or corporation, or of any officer or agent of
the Government of Canada, or of the Province by the auth-
ority of the Legislature whereof it was issued or prepared
for issue; and such postal card or stamp shall be held to be
a chattel, and to be equal in value to the amount of the pos-
tage, rate or duty which can be paid by it, and is expressed
on its face in words or figures, or both ;
(f) The expression “cattle ’’ includes any horse, mule,
ass, swine, sheep or goat, as well as any meat cattle or ani-
190 ()
1886. Larceny, &c. Chap. 164. 3
mal of the bovine species, and whatever is the age or sex of
the animal, and whether castrated or not, and by whatever
technical or trivial name it is known and shall apply to one
animal as well as to many ;
(g.) The expression “banker’’ includes any director of “Banker.”
any incorporated bank or banking company ;
(h) The expression “writing ” includes any mode in “Writing.”
which and any material on which words or figures at length
or abridged are written, printed or otherwise expressed, or
any map or plan is inscribed ;
(i.) The expression “testamentary instrument” includes º
any will, codicil or any other testamentary writing or ap- “ ºn-
pointment, as well during the life of the testator whose
testamentary disposition it purports to be, as after his death,
whether the same relates to real or personal property, or
both ; -
(j.) The expression “municipality” includes the corpor- Mºnigipa-
ation of any city, town, village, township, parish or other ‘lity.
territorial or local division of any Province of Canada, the
inhabitants whereof are incorporated or have the right of
holding property for any purpose; * e
(k.) The night shall, for the purpose of this Act, be deemed “*”
to commence at nine of the clock in the evening of each
day, and to conclude at six of the clock in the morning of
the next succeeding day, and the day shall include the
remainder of the twenty-four hours;
(l.) Whenever the having anything in the possession of .#.
any person is in this Act expressed to be an offence, then if j.
any person has any such thing in his personal custody or
possession, or knowingly or wilfully has any such thing
in any dwelling-house or other building, lodging, apart-
ment, field or other place, open or inclosed, whether belong-
ing to or occupied by himself or not, and whether such
matter or thing is so had for his own use or benefit or for
that of another, such person shall be deemed to have such
matter or thing in his custody or possession within the
meaning of this Act, and if there are two or more persons,
any one or more of whom, with the knowledge and consent
of the rest, has any such thing in his or their custody or
possession, it shall be deemed and taken to be in the custody
and possession of all of them. 32-33 W., c. 21, s. 1;-35 V.,
C. 33, s. 1, part;—40 W., c. 29, s. 1.
C y
SIMIPT.E JARCENY.
3. Every larceny, whatever is the value of the property All largehies
stolen, shall be deemed to be of the same nature, and shall * *.
be subject to the same incidents in all respects as grand
larceny was before the distinction between grand and petit
larceny was abolished. 32-33 W., c. 21, s. 2.
1901
4 Chap. 164. - Larceny, &c. 49 Vict.
Fºr 4. Every one who, being a bailee of any chattel, money
ing $º, or valuable security, fraudulently takes or converts the same
guilty of to his own use or to the use of any person other than the
larceny. owner thereof, although he does not break bulk or otherwise
determine the bailment, is guilty of larceny, and may be
convicted thereof upon an indictment for larceny, but this
section shall not extend to any offence punishable on sum-
mary conviction. 32-33 W., c. 21, s. 3.
i." 5. Every one who commits simple larceny or any felony
º hereby made punishable in the same manner as simple
larceny, is guilty of a felony, and, except in the cases here-
gº 2 s e tº * * 5 $ ? &
inafter otherwise provided for, is liable to seven years' im-
prisonment. 32-33 W., c. 21, s. 4;-40 W., c. 29, s. 3.
Lººy, ºr 6. Every one who, having been convicted either sum-
a COn Viction e * º % : I -
fºld." marily or upon indictment of a felony, commits the offence
of simple larceny, is guilty of felony, and liable to ten years'
imprisonment, 32-33 W., c. 21, s. 7.
STEALING CATTLE, ETC!.
iºns 7. Every one who steals any cattle is guilty of felony,
Cattle. and liable to fourteen years' imprisonment. 32-33 W., c. 21,
S. 10.
Killing ani- 8. Every one who wilfully kills any animal, with intent
mals with in-
jai" to steal the carcase, skin or any part of the animalso killed,
º “arease is guilty of felony, and liable to the same punishment as if
e he had been convicted of feloniously stealing the same, pro-
vided the offence of stealing the animal so killed would
have amounted to felony, 32-33 W., c. 21, s. 11. -
; 9. Every Olle who steals any dog, or any bird, beast or
Šimáši;" other animal ordinarily kept in a state of confinement or
Fº for any domestic purpose, or for any lawful purpose of pro-
not º ºf fit or advantage, not being the subject of larceny at com-
larceny at mon law, or wilfully kills any such dog, bird, beast or
“” animal, with intent to steal the same, or any part thereof,
shall, on summary conviction, be liable to a penalty not ex-
ceeding twenty dollars over and above the value of the dog,
bird, beast or other animal, or to one month's imprisonment
with hard labor :
Second 2. Every one who, having been convicted of any such
offence. offence either against this or any other Act or law, afterwards
commits any offence in this section mentioned, is liable to
three months' imprisonment with hard labor. 32-33 W.,
c. 21, s. 12. -
; ºr I (M. Every one who unlawfully and wilfully kills, wounds
pi ºffs or takes any house-dove or pigeon under such circumstances
as do not amount to larceny at common law, shall, on sum-
- 1902
i886. Larceny, &c. - Chap. 164, 5
mary conviction, be liable to a penalty not exceeding ten
dollars over and above the value of the bird. 32-33 W., c. 21,
s. 13. - -
II. Every one who steals any oysters or oyster brood Stealing oys-
from any oyster bed, laying or fishery, being the property ... *
of any other person, and sufficiently marked out or known
as such, is guilty of felony, and liable to be punished as in
the case of simple larceny :
2. Every one who unlawfully and wilfully uses any Unlawfully
dredge or net, instrument or engine whatsoever, within *::::: | Il
the limits of any oyster bed, laying or fishery, being the fishery.
property of any other person, and sufficiently marked out or
known as such, for the purpose of taking oysters or oyster
brood, although none are actually taken, or unlawfully and
wilfully with any net, instrument or engine, drags upon
the ground of any such fishery, is guilty of a misdemeanor,
and liable to three months' imprisonment:
3. Nothing in this section contained shall prevent any A; to floating
-- * ... T. " - º . . . . " fish.
person from fishing for or catching any floating fish within
the limits of any oyster fishery with any net, instrument
or engine adapted for taking floating fish only. 32-33 W.,
c. 21, s. 14, part. -
STEALING W RITTEN INSTRUMENTS.
12. Tvery one who steals or, for any fraudulent purpose, Stealing, des-
destroys, cancels, obliterates or conceals the whole or any ºft.*
part of any valuable security, other than a document of security.
title to lands, is guilty of felony, of the same nature, and
in the same degree, and punishable in the same manner as
if he had stolen any chattel, of like value as the share
interest or deposit to which the security so stolen relates,
or as the money due on the security so stolen or secured
thereby and remaining unsatisfied, or as the value of the
goods or other valuable thing represented, mentioned or
, referred to in or by the security. 32-33 W., c. 21, s. 15.
13. Every one who steals or, for any fraudulent purpose, Deeds, &c.,
destroys, cancels, obliterates or conceals the whole or any *.
part of any document of title to lands, is guilty of felony,
and liable to three years' imprisonment. 32-33 W., c. 21,
s. 16, part,
14- Every one who, either during the life of the testator Wills or codi-
or after his death, steals or, for any fraudulent purpose, *
destroys, cancels, obliterates or conceals the whole or any
part of any will, codicil or other testamentary instrument,
whether the same relates to real or personal property, or to
both, is guilty of felony, and liable to imprisonment for
life : -
1903
6
Chap. 164. Larceny, &c. 40 WICT.
Other reme-
dies not
affected.
2. Nothing in this or the next preceding section mention-
ed, and no proceeding, conviction or judgment had or taken
thereupon, shall prevent, lessen or impeach any remedy at
As to the
effect of con-
viction in any
civil action :
and as to dis-
closures un-
der compul-
sory process.
Stealing, des-
troying, &c.,
records or
other legal
documents.
Stealing rail-
way tickets,
&c.
Metal, glass,
wood, &c.,
fixed to house
or land.
law or in equity, which any person aggrieved by any such
offence might or would have had if this Act had not been
passed : -
3. No conviction of any such offender shall be received
in evidence in any action or suit against him ; and no per-
son shall be liable to be convicted of any of the felonies in
this and the next preceding section mentioned by any evi-
dence whatever, in respect of any act done by him, if he
has, at any time previously to his being charged with such
offence, first disclosed such act, on oath, in consequence of
any compulsory process of any court, in any action, suit or
proceeding bond ſide instituted by any person aggrieved, or
if he has first disclosed the same in any compulsory exami-
nation or deposition before any court upon the hearing of
any matter in bankruptcy or insolvency. 32-33 W., c. 21,
s. 17, part. - -
15- Every one who steals or, for any fraudulent pur-
pose, takes from its place of deposit, for the time being, or
from any person having the custody thereof, or unlawfully
and maliciously cancels, obliterates, injures or destroys the
whole or any part of any record, writ, return, affirmation,
recognizance, cognovit actionem, bill, petition, answer, decree.
panel, process, interrogatory, deposition, affidavit, rule, order
or warrant of attorney, or of any original document whatso-
ever, of or belonging to any court of justice, or relating to any
cause or matter, begun, depending or terminated in any such
court, or of any original document in anywise relating to
the business of any office or employment under Her Majesty,
and being or remaining in any office appertaining to any
court of justice, or in any government or public office, is
guilty of felony, and liable to three years' imprisonment.
32-33 W., c. 21, s. 18, part.
16. Every one who steals any railway or steam-boat ticket,
or any order or receipt for a passage on any railway or in
any steamer or other vessel, is guilty of felony, and liable
to imprisonment for any term less than two years. 32-33 W.,
c. 21, s. 19.
STEALING THINGS ATTACHED TO OR GROWING ON IAND.
17. Every one who steals, or rips, cuts, severs or breaks,
with intent to steal, any glass or woodwork belonging to
any building whatsoever, or any lead, iron, copper, brass or
other metal, or any utensil or fixture, whether made of
metal or other material, or of both, respectively fixed in or
to any building whatsoever, or anything made of metal
fixed in any land, being private property, or for a fence to
any dwelling-house, garden or area, or in any square or
1904
1886, Larceny, &c. Chap. 164 7
street, or in any place dedicated to public use or ornament,
or in any burial ground, is guilty of felony, and liable to
be punished as in the case of simple larceny. 32-33 W.,
c. 21, s. 20, part.
^,
R8. Every one who steals, or cuts, breaks, roots up or Trººs in plº-
! --- . - -- e - sure grounds
otherwise destroys or damages, with intent to steal, the ºf
whole or any part of any tree, sapling or shrub, or any five dollars.
underwood, respectively growing in any park, pleasure
ground, garden, orchard or avenue, or in any ground ad-
joining or belonging to any dwelling-house (in case the
value of the article or articles stolen or the amount of the
injury done exceeds the sum of five dollars), is guilty of
felony, and liable to be punished as in the case of simple
larceny . - -
2. Every one who steals, or cuts, breaks, roots up or other- Trees else-
wise destroys or damages, with intent to steal, the whole or where ºf the
any part of any tree, sapling or shrub, or any underwood, tºwe
respectively growing elsewhere than in any of the situa- dollars.
tions in this section before mentioned (if the value of the
article or articles stolen, or the amount of the injury done,
exceeds the sum of twenty-five dollars), is guilty of felony,
and liable to be punished as in the case of simple larceny.
32-33 W., c. 21, s. 21.
19. Every one who steals, or cuts, breaks, roots up or Trees worth
otherwise destroys or damages, with intent to steal, the twenty-five
whole or any part of any tree, sapling or shrub, or any ”
underwood, wheresoever the same is respectively growing
(the stealing of such article, or the injury done, being to
the amount of twenty-five cents at the least), shall, on
summary conviction, be liable to a penalty not exceeding
twenty-five dollars over and above the value of the article
stolen or the amount of the injury done: *
2. Every one who, having been convicted of any such Second
offence, either against this or any other Act or law, afterwards "***
commits any of the said offences in this section before men- '
tioned, shall, on summary conviction, be liable to three
months' imprisonment with hard labor :
3. Every one who, having been twice convicted of any Third or
such offence (whether both or either of such convictions ...”
have taken place before or after the passing of this Act), Q
afterwards commits any of the offences in this section before
mentioned is guilty of felony, and liable to be punished as
in the case of simple larceny. 32-33 W., c. 21, s. 22.
29. Every one who receives or purchases any tree or sap- Purchasing
ling, or any timber made therefrom, exceeding in value the .
sum of ten dollars, knowing the same to have been stolen or ** *
unlawfully cut or carried away, is guilty of a misdemeanor,
and liable to the same punishment as the principal offender,
—and may be indicted and convicted thereof, whether the
1905
Chap. 164. Larceny, &c. 49 WICT.
“O thor
remedies
saved.
Effect of con-
viction in
‘civil suits and
of disclosures
under process.
Stealing, &c.,
any live or
dead fences,
wooden fence,
Stile or gate.
Subsequent
offence.
Suspected
persons in
possession of
any wood, &c.
not satisfac-
torily ac-
counting for
it.
Stealing, des-
troying or da-
Imaging with
intent to steal
any fruit, &c.
Subsequent
offence.
principal offender has or has not been convicted, or is or is
not amenable to justice : - -
2. Nothing in this or in either of the two sections next
preceding contained, and no proceeding, conviction or judg-
ment had or taken thereupon, shall prevent, lessen or im-
peach any remedy which any person aggrieved by any of
the said offences would have had if this Act had not been
passed; nevertheless, the conviction of the offender shall not
be received in evidence in any action or suit against him ;
and no person shall be convicted of either of the offences
aforesaid, by any evidence disclosed by him on oath, in con-
sequence of the compulsory process of a court, in any action,
suit or proceeding instituted by any person aggrieved.
32-33 W., c. 21, s. 23.
21. Every one who steals, cuts or breaks or throws down,
with intent to steal, any part of any live or dead fence, or
any wooden post, pale, wire or rail set up or used as a fence,
or any stile or gate, or any part thereof respectively, shall,
on summary conviction, be liable to a penalty not exceed-
ing twenty dollars, over and above the value of the article
or articles so stolen or the amount of the injury done :
2. Every one who, having been convicted of any such
offence, either against this or any other Act or law, afterwards
commits any of the said offences in this section mentioned,
shall, on summary conviction, be liable to three months' im-
prisonment with hard labor. 32-33 W., c. 21, s. 24.
**. Every one who, having in his possession, or on his
premises with his knowledge, the whole or any part of any
tree, sapling or shrub, or any underwood, or any part of
any live or dead fence, or any post, pale, wire, rail, stile or
gate, or any part thereof, of the value of twenty-five cents
at the least, is taken or summoned before a justice of the
peace, and does not satisfy such justice that he came law-
fully by the same, shall, on summary conviction, be liable
to a penalty not exceeding ten dollars, over and above the
value of the article so in his possession or on his premises.
32-33 W., c. 21, s. 25.
23. Every one who steals or destroys, or damages with
intent to steal, any plant, root, fruit or vegetable production
growing in any garden, orchard, pleasure ground, nursery
ground, hot-house, green-house or conservatory, shall, on
summary conviction, be liable to a penalty not exceeding
twenty dollars, over and above the value of the article so
stolen or the amount of the injury done, or to one month's
imprisonment, with or without hard labor :
2. Every one who, having been convicted of any such
offence, either against this or any other Act or law, after-
wards commits any of the offences in this section mentioned,
is guilty of felony, and liable to be punished as in the case
of simple larceny. 32-33 W., c. 21, s. 26.
1906
1886. Larceny, &c. Chap. 164. 9
24- Every one who steals or destroys, or damages, with Stealing, &c.,
intent to steal, any cultivated root or plant used for the ſº
food of man or beast, or for medicine, or for distilling, or for growing in
dyeing, or for or in the course of any manufacture, and * *
growing in any land, open or inclosed, not being a garden,
orchard, pleasure ground, or nursery ground, shall, on Sum-
mary conviction, be liable to a penalty not exceeding five
dollars, over and above the value of the article so stolen Or
the amount of the injury done, or to one month's imprison-
ment with hard labor : - -
2. Every one who, having been convicted of any such Subsequent
offence, either against this or any other Act or law, after- offence.
wards commits any of the offences in this section mentioned,
is liable to three months' imprisonment with hard labor.
32-33 W., c. 21, s. 27.
STEALING ORES OR, MINERALS.
25- Every one who steals, or severs with intent to steal, Stealing ores
ore of any metal, or any quartz, lapis calaminaris, manga- ºmetal coal
mese, or mundic, or any piece of gold, silver or other metal,
or any wad, black cawlk, or black lead, or any coal, or cannel
coal, or any marble, stone or other mineral, from any mine,
bed or vein thereof respectively, is guilty of fºlony, and
liable to imprisonment for any term less than two years:
2. No person shall be deemed guilty of any offence for Exceptions as
having, for the purposes of exploration or scientific investi- º C
gation, taken any specimen or specimens of any ore or min-tions.
eral from any piece of ground uninclosed and not occupied
or worked as a mine, quarry or digging. 32-33 W., c. 21, s. 28.
26- Every one who, being employed in or about any Miners remov-
mine, quarry or digging, takes, removes or conceals any ore ºw.
of any metal, or any quartz, lapis calaminaris, manganese, defraud.
mundic, or any piece of gold, silver or other metal, or any
mineral found or being in such mine, quarry or digging,
with intent to defraud any proprietor of, or any adventurer
in the same, or any workman or miner employed therein, is
guilty of felony, and liable to imprisonment for any term
less than two years. 32-33 W., c. 21, s. 29.
27. Every one who, being the holder of any lease or .."ºn
license issued under the provisions of any Act relating to ſº;
gold or silver mining, or by any persons owning land sup-fraud.
posed to contain any gold or silver, by any fraudulent device
or contrivance, defrauds or attempts to defraud Her Majesty,
or any person, of any gold, silver or money payable or
reserved by such lease, or with such intent as aforesaid,
conceals or makes a false statement as to the amount of gold
or silver procured by him, is guilty of a misdemeanor, and
liable to imprisonment for any term less than two years.
32-33 W., c. 21, s. 30.
42% 1907
10
Chap. 164. Larceny, &c. 49 WICT.
Selling or
purchasing
without per-
mission
quartz, &c.,
containing
gold or silver.
Purchasing
gold in quartz,
or smelted,
&c., without
giving a pro-
per receipt for
it.
Possession to
be primá facie
evidence in
Certain cases.
Defrauding
partners.
Robbery, or
stealing from
the person.
Assault with
intent to rob.
28. Every one who, not being the owner or agent of
mining claims then being worked, and not being thereunto
authorized in writing by the proper officer in that behalf,
named in any Act relating to mines inforce in any Province
of Canada, sells or purchases (except to or from such owner
or authorized person) any quartz containing gold, or any
smelted gold or silver, at or within three miles of any gold
district or mining district, or gold mining division, is guilty
of a misdemeanor, and liable to imprisonment for any term
less than two years. 32-33 W., c. 21, s. 31.
29. Every one who purchases any gold in quartz, or any
umsmelted or smelted gold or silver, or otherwise unmanu-
factured gold or silver, of the value of one dollar or upwards
(except from such owner or authorized person as in the next
preceding section mentioned) and does not, at the same time,
execute in triplicate an instrument in writing, stating the
place and time of purchase, and the quantity, quality and
value of gold or silver so purchased, and the name or names
of the person or persons from whom the same was purchased,
and file the same with the officer in the next preceding sec-
tion mentioned, within twenty days next after the date of
such purchase, is guilty of a misdemeanor, and liable to a
penalty not exceeding in amount double the value of the
gold or silver purchased, and to imprisonment for any term
less than two years. 32-33 W., c. 21, s. 32.
30. The possession, contrary to the provisions of any
law in that behalf of any smelted gold or silver, or any
gold-bearing quartz, or any unsmelted or otherwise un-
manufactured gold or silver, by any operative, workman
or laborer actively engaged in or on any mine, is primá facie
evidence that the same has been stolen by him. 32-33 W.,
c. 21, s. 35.
31- Every one who, with intent to defraud his co-partner,
co-adventurer, joint tenant or tenant in common, in any
claim, or in any share or interest in any claim, secretly
keeps back or conceals any gold or silver found in or upon
or taken from such claim, is guilty of felony, and liable to
be punished, as in the case of simple larceny. 32-33 W.,
c. 21, s. 37.
STEALING FROM THE PERSON, AND OTHER LIKE OFFENCES.
32. Every one who robs any person, or steals any chattel,
money or valuable security from the person of another, is
guilty of felony, and liable to fourteen years’ imprisonment.
32-33 W., c. 21, s. 39. -
38. Every one who assaults any person with intent to
rob, is guilty of felony, and, except in cases where a greater
1908
1886. tº Larceny, &c. Chap. 164. 11
punishment is provided by this Act, liable to three years'
imprisonment. 32-33 W., c. 21, S. 41.
34. Every one who, being armed with an offensive Robbery or
weapon or instrument, robs, or assaults with intent to rob, ... d
any person, or together with one or more other person or º
persons, robs, or assaults with intent to rob any person, or ºnd
robs any person, and at the time of, or immediately before, ºjº.
or immediately after such robbery, wounds, beats, strikes or
uses any other personal violence to any person, is guilty of
felony, and liable to imprisonment for life. 32-33 W., c. 21,
S. 42.
BIJIRG-LARY AND HOUSE—BREAKING.
35. Every one who breaks and enters any church, chapel, Breaking, and
meeting-house or other place of divine worship, and com- jº,
mits any felony therein, or being in any church, chapel, and commit.
meeting-house or other place of divine worship, commits "****
any felony therein and breaks out of the same, is guilty of
felony, and liable to imprisonment for life. 32-33 W., c. 21,
s. 49.
$6- No building, although within the same curtilage What build.
with any dwelling-house, and occupied there with, shall be º,
deemed to be part of such dwelling-house for any of the be deemed
purposes of this Act, unless there is a communication be- ſº
tween such building and dwelling-house, either immediate"
or by means of a covered and inclosed passage leading
from the one to the other. 32-33 W., c. 21, s. 52.
37. Every one who enters the dwelling-house of another Burglary.
with intent to commit any felony therein, or being in such
dwelling-house, commits any felony therein, and, in either
case, breaks out of such dwelling-house in the night, is
guilty of burglary. 32-33 W., c. 21, s. 50.
38. Every one who commits the crime ofburglary is liable º:
to imprisonment for life. 32-33 W., c. 21, s. 51. * ,
39. Every one who enters any dwelling-house in the Entering
e g g g & tº e in the night
might, with intent to commit any felony therein, is guilty of ºij to
felony, and liable to seven years' imprisonment. 32-33 W., commit
c. 21, s. 53. felony.
40. Every one who breaks and enters any building and Hºº
commits any felony therein, such building being within Wiś. g
the curtilage of a dwelling-house and occupied therewith, º'
but not being part thereof, according to the provision here- º
in before mentioned, or being in any such building commits
any felony therein and breaks out of the same, is guilty of
felony, and liable to fourteen years' imprisonment. 32-33 W.,
c. 21, s. 54. -
42}} 1909
12
Chap. 164. Larceny, &c. 49 WICT. ,
Breaking into
any house,
shop, &c., and
committing
any felony.
House break-
ing with in-
tent to com-
mit a felony.
Being armed
or disguised,
&c., with in-
tent to break
and enter any
house in the
night.
The like after
a previous
COnviction.
Stealing in a
dwelling
house to the
value of
twenty-five
dollars.
Stealing in a
dwelling
house with
IlleIla C0S.
Stealing
goods in pro-
cess of manu-
facture.
41. Every one who breaks and enters any dwelling-house,
School-house, shop, warehouse or counting-house, and com-
mits any felony therein, or being in any dwelling-house,
school-house, shop, warehouse or counting-house, commits
any felony therein, and breaks out of the same, is guilty of
felony, and liable to fourteen years' imprisonment. 32-33 W.,
C. 21, s. 55. -
42. Every one who breaks and enters any dwelling-house,
church, chapel, meeting-house or other place of divine wor-
ship, or any building within the curtilage, or school-house,
shop, warehouse or counting-house, with intent to commit
any felony therein, is guilty of felony, and liable to seven
years' imprisonment. 32-33 W., c. 21, s. 56.
48. Every one who is found by night armed with any
dangerous or offensive weapon or instrument whatsoever,
with intent to break or enter into any dwelling-house or
other building whatsoever, and to commit any felony there-
in, or is found by night having in his possession, without
lawful excuse,_the proof of which excuse shall lie on him—
any picklock key, crow, jack, bit or other implement of
house-breaking, or any match or combustible or explosive
Substance, or is found by night having his face blackened
or otherwise disguised, with intent to commit any felony, or
is found by might in any dwelling-house or other building
whatsoever, with intent to commit any felony therein, is
guilty of a misdemeanor, and liable to three years' imprison-
ment. 32-33 W., c. 21, s. 59.
44. Every one who, having been convicted of any such
misdemeanor as in the next preceding section mentioned,
or of any felony, commits any such misdemeanor, is liable
to ten years' imprisoment. 32-33 W., c. 21, s. 60.
STEALING IN THE HOUSE.
45-. Every one who steals in any dwelling-house any
chattel, money or valuable security, to the value in the whole
of twenty-five dollars or more, is guilty of felony, and liable
to fourteen years' imprisonment. 32-33 W., c. 21, s. 61.
46. Every one who steals any chattel, money or valuable
security in any dwelling-house, and by any menace or threat
puts any one therein in bodily fear, is guilty of felony, and
liable to fourteen years' imprisonment. 32-33 W., c. 21, s. 62.
STEALING IN MANUFACTORIES.
47. Every one who steals, to the value of two dollars, any
woollen, linen, hempen or cotton yarn, or any goods or
articles of silk, woollen, linen, cotton, alpaca or mohair, or
of any one or more of such materials mixed with each other
1910
1886. Larceny, &c. Chap. 164. 13
or mixed with any other material, whilst laid, placed or
exposed, during any stage, process or progress of manufac-
ture, in any building, field or other place, is guilty offelony,
and liable to fourteen years' imprisonment. 32-33 W., c. 21,
s. 63.
48. Every one who, having been intrusted for the pur- Stealing
pose of manufacture or for a special purpose connected with #. ."
manufacture, or employed to make any felt or hat, or to pre-facture.
pare or work up any woollen, linen, fustian, cotton, iron,
leather, fur, hemp, flax or silk, or any such materials mixed
with One another, or having been so intrusted, as aforesaid,
with any other article, materials, fabric or thing, or with
any tools or apparatus for manufacturing the same, sells,
pawns, purloins, secretes, embezzles, exchanges or other-
wise fraudulently disposes of the same, or any part thereof,
when the offence is not within the next preceding section,
is guilty of a misdemeanor, and liable to imprisonment for
any term less than two years. 32-33 W., c. 21, s. 64.
STEALING FROM SHIPS, WHARVES, ETC.
49. Every one who steals any goods or merchandise in Stealing
any vessel, barge or boat of any description whatsoever, in º C
any haven or in any port of entry or discharge, or upon any *2) • * *
navigable river or canal, or in any Creek or basin belonging
to or communicating with any such haven, port, river or
canal, or steals any goods or merchandise from any dock,
wharf or quay, adjacent to any such haven, port, river,
canal, creek or basin, is guilty of felony, and liable to four-
teen years' imprisonment. 32-33 W., c. 21, s. 65.
STEALING THINGS UNIDER, SEIZURE.
50. Every one who, whether pretending to be the owner stealing pro-
or not, secretly or openly, and whether with or without ...”
force or violence, takes or carries away, or causes to be te
taken or carried away, without lawful authority, any pro-
perty under lawful seizure and detention, steals such pro:
perty, and is guilty of felony and liable to be punished
accordingly. 43 W., c. 28, s. 66, part;-46 V., c. 17, s. 67 —
C. S. C., c. 23, s. 10.
STEALING OR EMEEZZLEMENT BY CLERKS . OR SERVANTS OR
PERSONS IN THE PUBLIC SERVICE.
51. Every one who, being a clerk or servant, or being Larceny by
employed for the purpose or in the capacity of a clerk, or tº: QI S6 T-
servant, steals any chattel, money or valuable security be- "
longing to or in the possession or power of his master or
employer, is guilty of felony, and liable to fourteen years'
imprisonment. 32-33 W., c. 21, s. 69. *-
1911
14 Chap. 164. Larceny, &c. 49 WICT.
jº 52. Every one who, being a clerk or servant, or being
is ºr ser- employed for the purpose or in the capacity of a clerk or
WantS. servant, fraudulently embezzles any chattel, money or valu-
able security, or any part thereof, delivered to or received
or taken into possession by him, for or in the name or on
the account of his master or employer, feloniously steals
the same from his master or employer, although such chattel,
money or security was not received into the possession of
such master or employer, otherwise than by the actual posses-
sion of his clerk, servant or other person so employed, and is
liable to fourteen years' imprisonment. 32-33 W., c. 21, s. 70.
Larceny by 58. Every one who, being employed in the public ser-
º vice of Her Majesty, or of the Lieutenant Governor or govern-
vice, or that ment of any Province of Canada, or of any municipality,
#º..." steals any chattel, money or valuable security belonging to
ment, &c. or in the possession or power of Her Majesty, or of such
Lieutenant Governor, government or municipality, or in-
trusted to or received or taken into possession by him by
virtue of his employment, is guilty of felony, and liable to
fourteen years' imprisonment. 32-33 W., c, 21, s. 71.
Embezzle- 54- Every one who, being employed in the public service
tº: of Her Majesty, or of the Lieutenant Governor or govern-
ºdin the ment of any Province in Canada, or of any municipality, and
$º intrusted, by virtue of such employment, with the receipt,
of any Provin- custody, management or control of any chattel, money or
.*.* valuable security, embezzles any chattel, money or valuable
j security intrusted to or taken into possession by him by
virtue of his employment, or any part thereof, or in any
manner fraudulently applies or disposes of the same, or any
part thereof, to his own use or benefit, or for any purpose
whatsoever except for the public service, or for the service
of such Lieutenant Governor, government or municipality,
feloniously steals the same from Her Majesty, or from such
municipality, and is liable to fourteen year's imprisonment.
32-33 W., c. 21, s. 72, part.
Refusal by 55. Every one who, being employed in the public service
; ::" of Her Majesty, or of the Lieutenant Governor or govern-
liver up ment of any Province of Canada, or of any municipality,
*W* * and intrusted by virtue of such employment with the keep-
ing, receipt, custody, management or control of any chattel,
money, valuable security, book, paper, account or document,
refuses or fails to deliver up the same to any one authorized
to demand it, is guilty of a fraudulent embezzlement thereof,
and liable to fourteen years' imprisonment:
Qther reme- 2. Nothing herein shall affect any remedy of Her Majesty,
flºº * of the municipality, or of any person against the offender or
his sureties, or any other person, nor shall the conviction of
such offender be receivable in evidence in any suit or action
against him. 41 W., c. 7, s. 70, part ;-C. S. C., c. 16, s. 40,
part –29-30 W. (Can.), c. 51, s. 187, part.
1912
1886. Larceny, &c. ” Chap. 164. 15
56. Every one who steals, or unlawfully or maliciously, ...slee.
either by violence or stealth, takes from any person having *
the lawful custody thereof, or from its lawful place of de-
posit for the time being, or aids, counsels or assists in so
stealing or taking any writ of election, or any return to a
writ of election, or any indenture, poll-book, voters' list,
certificate, affidavit or report, or any document or paper
made, prepared or drawn out according to or for the require-
ments of any law in regard to provincial, municipal or civic
elections, is guilty of a felony, and liable to a fine, in the
discretion of the court, or to seven years' imprisonment, or
to both fine and imprisonment. 29-30 W. (Can.), c. 51, s. 188,
part ;-R. S. B. C., c. 157, ss. 99 and 100, parts.
STEALING BY TENANTS OR I.ODGERS.
57. Every one who steals any chattel or fixture let to be Tenant or
used by him, or her, in or with any house or lodging, :*:::::...
whether the contract has been entered into by him or her, fixture let to
or by her husband, or by any person on behalf of him or her "
or her husband, is guilty of felony, and liable to imprison-
ment for any term less than two years, and if the value of
such chattel or fixture exceeds the sum of twenty-five dol-
lars, is liable to seven years' imprisonment. 32-33 W., c. 21,
S. 75, part.
STEALING BY PARTNERS.
58. Every one who, being a member of any co-partner. Stealing pro-
ship owning any money or other property, or being one of . ; part-
two or more beneficial owners of any money or other pro-
perty, steals, embezzles or unlawfully converts the same or
any part thereof to his own use, or that of any person other
than the owner, is liable to be dealt with, tried, convicted
and punished as if he had not been or were not a member
of such co-partnership, or one of such beneficial owners.
32-33 W., c. 21, s. 38.
FRAUDS BY AGENTS, BANKERS OR FACTORS.
59- Every one who, being a cashier, assistant cashier, Stealing or
manager, officer, clerk or servant of any bank, or savings ...”.”
bank, secretes, embezzles or absconds with any bond, obli-
gation, bill obligatory or of credit, or other bill or note, or
any security for money, or any money or effects intrusted to
him as such cashier, assistant cashier, manager, officer, clerk
or servant, whether the same belongs to the bank or be-
longs to any person, body corporate, society or institution,
and is lodged with such bank, is guilty of felony, and liable
to imprisonment for life or for any term not less than two
years. 34 W., c. 5, s. 60, and c. 7, s. 32.
1913
16
Chap. 164. * Larceny, &c. 49 WICT.
Agent, &c.,
intrusted,
converting
money, &c.,
to his own
llS6.
Or any chat-
tel, valuable
security or
power of at-
torney.
Punishment.
Not to apply
to trustees Or
mortgagees.
Nor to bank-
ers, &c., re-
ceiving
money due on
securities.
Or disposing
of securities
on which
they have a
lien.
60. Every one who, -
(a) Having been intrusted, either solely or jointly with
any other person, as a banker, merchant, broker, attorney or
other agent, with any money or security for the payment
of money, with any direction in writing to apply, pay or
deliver such money or security, or any part thereof respect-
ively, or the proceeds or any part of the proceeds of such
security, for any purpose, or to any person specified in such
direction,-in violation of good faith and contrary to the
terms of such direction, in anywise converts to his own use
or benefit, or the use or benefit of any person other than the
person by whom he has been so intrusted, such money,
security or proceeds, or any part thereof respectively, or—
(b.) Having been intrusted, either solely or jointly with
any other person, as a banker, merchant, broker, attorney
or other agent, with any chattel or valuable security, or any
power of attorney for the sale or transfer of any share or
interest in any public stock or fund, whether of the United
Ringdom or any part thereof, or of Canada, or of any Pro-
vince thereof, or of any British colony or possession, or of
any foreign state, or in any stock or fund of any body cor-
porate, company or society, for safe custody or for any
special purpose, without any authority to sell, negotiate,
transfer or pledge,_in violation of good faith, and contrary
to the object or purpose for which such chattel, security or
power of attorney has been intrusted to him, sells, negoti-
ates, transfers, pledges, or in any manner converts to his
own use or benefit, or the use or benefit of any person other
than the person by whom he has been so intrusted, such
chattel or security, or the proceeds of the same, or any part
thereof, or the share or interestin the stock or fund to which
such power of attorney relates, or any part thereof.-
Is guilty of a misdemeanor, and liable to seven years' im-
prisonment :
2. Nothing in this section contained relating to agents
shall affect any trustee in or under any instrument what-
soever, or any mortgagee of any property, real or personal,
in respect to any act done by such trustee or mortgagee in
relation to the property comprised in or affected by any such
trust or mortgage ; nor shall restrain any banker, merchant,
broker, attorney or other agent from receiving any money
due or to become actually due and payable upon or by virtue
of any valuable security, according to the tenor and effect
thereof, in such manner as he might have done if this Act
had not been passed; nor from selling, transferring, or other-
wise disposing of any securities or effects in his possession,
upon which he has any lien, claim or demand, entitling
him by law so to do, unless such sale, transfer or other dis-
posal extends to a greater number or part of such securities
or effects than are requisite for satisfying such lien, claim.
or demand. 32-33 W., c. 21, s. 76.
1914
1886. Larceny, &c. Chap. 164. 17
61. Every one who, being a banker, merchant, broker, . #"
attorney or agent, and being intrusted, either solely or jointly ji. º
with any other person, with the property of any other person #. in-
for safe custody, with intent to defraud, sells, negotiates, #.
transfers, pledges or in any other manner converts or appro-
priates the same, or part thereof, to or for his own use or
benefit, or the use or benefit of any person other than the
person by whom he was so intrusted, is guilty of a misde-
meanor, and liable to seven years' imprisonment. 32-33 W.,
c. 21, s. 77.
62. Every one who, being intrusted, either solely or ...”
jointly with any other person, with any power of attorney, *:::::
for the sale or transfer of any property-fraudulently sells ..."
or transfers, or otherwise converts the same or any part º"
thereof to his own use or benefit, or the use or benefit of
any person other than the person by whom he was so in-
trusted, is guilty of a misdemeanor, and liable to seven
years' imprisonment. 32-33 W., c. 21, s. 78.
68. Every one who, being a factor, or agent intrusted, ; ob-
either solely or jointly with any other person, for the pur- ºes on
pose of sale or otherwise, with the possession of any goods, jº
or of any document of title to goods,-contrary to or with- ºn-
out the authority of his principal in that behalf, for his
own use or benefit, or the use or benefit of any person
other than the person by whom he was so intrusted, and in
violation of good faith, makes any consignment, deposit,
transfer or delivery of any goods or document of title so
intrusted to him as in this section before mentioned, as
and by way of a pledge, lien or security for any money or
valuable security borrowed or received by such factor or
agent at or before the time of making such consignment,
deposit, transfer or delivery, or intended to be thereafter bor-
rowed or received,—or contrary to or without such author-
ity, for his own use or benefit, or the use or benefit of any
person other than the person by whom he was so intrusted,
and in violation of good faith, accepts any advance of any
money or valuable security on the faith of any contract or
agreement to consign, deposit, transfer or deliver any such
goods or document of title, is guilty of a misdemeanor, and
liable to seven years' imprisonment :
2. Every one who knowingly and wilfully acts and assists º-
in making any such consignment, deposit, transfer or de- § 3.SSIST-
livery, or in accepting or procuring such advance as afore-
said, is guilty of a misdemeanor, and liable to the same
punishment:
3. No such factor or agent shall be liable to any prosecu- Exception
tion for consigning, depositing, transferring or delivering *
any such goods or documents of title, if the same are not not exceed
made a security for or subject to the payment of any greater ...""
sum of money than the amount which, at the time of such
1915
18
. Chap. 164. Larceny, &c. 49 WICT.
consignment, deposit, transfer or delivery, was justly due
and owing to such agent from his principal, together with
When agent
shall be
deemed to be
intrusted with
the goods.
What shall be
deemed a
pledge.
What shall be
deemed pos-
session.
What shall be
deemed a loan
or advance on
such goods.
What shall be
deemed a con-
tract.
What shall be
deemed an
advance.
Possession to
be evidence of
intrusting.
Trustees
fraudulently
disposing of
property.
the amount of any bill of exchange drawn by or on account
of such principal and accepted by such factor or agent.
32-33 W., c. 21, s. 79.
64- Any factor or agent intrusted, as aforesaid, and pos-
sessed of any such document of title, whether derived im-
mediately from the owner of such goods or obtained by
reason of such factor or agent having been intrusted with
the possession of the goods, or of any other document of
title thereto, shall be deemed to have been intrusted with
the possession of the goods represented by such document
of title ; and every contract pledging or giving a lien upon
such document of title as aforesaid, shall be deemed to be a
pledge of and lien upon the goods to which the same re-
lates ; and such factor or agent shall be deemed to be pos-
sessed of such goods or document, whether the same are in
his actual custody or held by any other person subject to
his control, or for him, or on his behalf; and whenever any
loan or advance is bond fide made to any factor or agent
intrusted with and in possession of any such goods or docu-
ment of title, on the faith of any contract or agreement in
writing to consign, deposit, transfer or deliver such goods
or document of title, and such goods or document of title is
or are actually received by the person making such loan or
advance, without notice that such factor or agent was not
authorized to make such pledge or security, every such loan
or advance shall be deemed to be a loan or advance on the
security of such goods or document of title, within the
meaning of the next preceding section, though such goods
or document of title are not actually received by the per-
son making such loan or advance till a period subsequent
thereto; and any contract or agreement, whether made direct
with such factor or agent or with any clerk or other person
on his behalf, shall be deemed a contract or agreement with
such factor or agent ; and any payment made, whether by
money or bill of exchange, or other negotiable security, shall
be deemed to be an advance within the meaning of the next
preceding section ; and a factor or agent in possession, as
aforesaid, of such goods or document, shall be taken, for the
purpose of the next preceding section, to have been intrust-
ed there with by the owner thereof, unless the contrary is
shown in evidence. 32-33 W., c. 21, s. 80.
65. Every one who, being a trustee of any property for
the use or benefit, either in whole or in part, of some other
person, or for any public or charitable purpose, with intent
to defraud, converts or appropriates the same, or any part
thereof, to or for his own use or benefit or the use or benefit
of any person other than such person as aforesaid, or for any
purpose other than such public or charitable purpose as
1916 .
1886. Larceny, &c. Chap. 164. 19
aforesaid, or otherwise disposes of or destroys such property
or any part thereof, is guilty of a misdemeanor, and liable
to seven years' imprisonment:
2. No proceeding or prosecution for any offence mentioned No prosecu-
in this section shall be commenced without the sanction of ..."."
the Attorney General or Solicitor General for the Province the Attorney
in which the same is to be instituted: General.
3. When any civil proceeding has been taken against any When civil
person to whom the provisions of this section apply, no º
person who has taken such civil proceeding shall commence taken.
any prosecution under this section without the sanction of
the court or judge before whom such civil proceeding has
been had or is pending. 32-33 W., c. 21, s. 81.
66. Every one who, being a director, member, manager Directors &c.,
or officer of any body corporate or company, fraudulently ãº.
takes or applies, for his own use or benefit, or for any use public com-
or purpose other than the use or purpose of such body cor- Fº
porate or company, any of the property of such body corpo-priating pro-
rate or company, is guilty of a misdemeanor, and liable to *
seven years' imprisonment. 32-33 W., c. 21, S. 82.
67. Every one who, being a director, member, manager Qr fraudu-
or officer of any body corporate or company, as such receives lººr
or possesses himself of any of the property of such body accounts or
corporate or company, otherwise than in payment of a just books.
debt or demand, and, with intent to defraud, omits to make
or to cause or direct to be made a full and true entry thereof
in the books and accounts of such body corporate or Com-
pany, is guilty of a misdemeanor, and liable to seven years'
imprisonment. 32-33 W., c. 21, S. 83.
68. Every one who, being a director, manager, officer or Qr wilfully
member of any body corporate or company, with intent to §º OT
defraud, destroys, alters, mutilates or falsifies any book, books of
paper, writing or valuable security belonging to the body P* *
corporate or company, or makes or concurs in the making
of any false entry, or omits or concurs in Omitting any
material particular in any book of account or document, is
guilty of a misdemeanor, and liable to seven years' imprison-
ment. 32-33 W., c. 21, s. 84.
69. Every one who, being a director, manager, officer or Or fraudu-
member of any body corporate or company, makes, circu- Hºi.
lates or publishes, or concurs in making, circulating or pub- statements or
lishing any written statement or account which he knows “*.
to be false in any material particular, with intent to deceive
or defraud any member, shareholder or creditor of such body
corporate or company, or with intent to induce any person
to become a shareholder or partner therein, or to intrust Or
advance any property to such body corporate or company,
or to enter into any security for the benefit thereof, is guilty
- 1917
20 Chap. 164. Larceny, &c. 49 WICT.
of a misdemeanor, and liable to seven years' imprisonment.
32-33 W., c. 21, s. 85.
* 70. Every one who, being an officer or member of any
officers &c., unincorporated body or society, associated together for any
ºilºpº lawful purpose, fraudulently takes or applies to his own
ated societies. . * *
use or benefit, or for any use or purpose other than the use
or purpose of such body or society, the whole or any portion
of the funds, moneys or other property of the society, and
continues to withhold such property after due demand has
been made for the restoration and payment of the same by
some one or more of the members or officers duly appointed
by and on behalf of the body or society, is guilty of a misde-
meanor, and liable to three years' imprisonment. C. S. C.,
c. 71, s. 8 ;—R. S. B. C., c. 162, s. 9.
No person to 71. Nothing in any of the twelve sections next preceding
*... shall enable or entitle any person to refuse to make a full
ing questions and complete discovery by answer to any bill in equity, or
lº, º, to answer any question or interrogatory in any civil pro-
making a dis- ceeding in any court, or upon the hearing of any matter in
º Joankruptcy or insolvency; and no person shall be liable to
proceeding be convicted of any of the misdemeanors in the said sections
...," mentioned by any evidence whatsoever, in respect of any
act done by him, if, at any time previously to his being
charged with such offence, he has first disclosed such act
On oath, in consequence of any compulsory process of any
court of law or equity, in any action, suit or proceeding bond
ſide instituted by any party aggrieved, or if he has first dis-
closed the same in any compulsory examination or deposi-
tion before any court, upon the hearing of any matter in
bankruptcy or insolvency. 32-33 W., c. 21, s. 86.
No remedy at 72. Nothing in the thirteen sections next preceding, nor
º: ... be any proceeding, conviction or judgment had or taken thereon
affected. against any person under any of the said sections shall pre-
vent, lessen or impeach any remedy at law or in equity,
which any person aggrieved by any offence against any of
the said sections would have had if this Act had not been
passed ; but no conviction of any such offender shall be re-
ceived in evidence in any action or suit against him ; and
nothing in the said sections contained shall affect or prejudice
any agreement entered into, or security given by any trustee,
having for its object the restoration or payment of any trust
property misappropriated. 32-33 W., c. 21, s. 87.
!. Of 73. Every one who,
!6 El OllSeS &
&c., giving (a) Being the keeper of any warehouse, or a forwarder,
false receipts. miller, master of a vessel, wharfinger, keeper of a cove, yard,
harbor or other place for storing timber, deals, staves, boards
or lumber, curer or packer of pork, or dealer in wool, carrier,
factor, agent or other person, or a clerk or other person in
1918
1886. Larceny, &c. Chap. 164. 21
his employ, knowingly and wilfully gives to any person a
writing purporting to be a receipt for or an acknowledgment
of any goods or other property as having been received into
his warehouse, vessel, cove, wharf or other place, or in any
such place about which he is employed, or in any other
manner received by him, or by the person in or about whose
business he is employed, before the goods or other property
named in such receipt, acknowledgment or writing have
been actually delivered to or received by him as aforesaid,
with intent to mislead, deceive, injure or defraud any person
whomsoever, although such person is then unknown to
him, or—
(b.) Knowingly and wilfully accepts, transmits or uses Using false
any such false receipt or acknowledgment or writing, *
Is guilty of a misdemeanor, and liable to three years' im- Punishment.
prisonment. 32-33 W., c. 21, s. 88;—34 W., c. 5, s. 64.
74. Every one who, - ºil-
(a.) Having, in his name, shipped or delivered to the keeper .. by
of any warehouse, or to any other factor, agent or carrier, consignees.
to be shipped or carried, any merchandise, upon which the
consignee has advanced any money or given any valuable
security, afterwards with intent to deceive, defraud or in-
jure such consignee, in violation of good faith, and without
the consent of Such consignee, makes any disposition of such
merchandise different from and inconsistent with the agree-
ment made in that behalf between him and such consignee
at the time of or before such money was so advanced, or
such negotiable security so given, or—
(b) Knowingly and wilfully acts and assists in making tº
such disposition for the purpose of deceiving, defrauding or i. &
injuring such consignee,_
Is guilty of a misdemeanor, and liable to three years' Punishment.
imprisonment :
2. No person shall be subject to prosecution under this No pºsecu-
* & Cº :-- ~~ gº tº a º tion if ad-
section who, before making such disposition of the merchan- i.s.
dise aforesaid, pays or tenders to the consignee the full paid.
amount of any advance made thereon. 32-33 W., c. 21, s. 89.
75. Every one who,- Making false
(a.) Wilfully makes any false statement in any receipt, º, l]]
certificate or acknowledgment for grain, timber or other grain, &c.
goods or property, which can be used for any of the pur-
poses mentioned in “The Bank Act,” or—
(b.) Having given, or after any clerk or person in his Fraudulently
employ has, to his knowledge, given, as having been re- sº Ol
ceived by him in any mill, warehouse, vessel, cove or other property to,
. - * e •+. * which receipt
place, any such receipt, certificate or acknowledgment for .
any such grain, timber or other goods or property,+or having
obtained any such receipt, certificate or acknowledgment,
and after having indorsed or assigned it to any bank or per-
son, afterwards, and without the consent of the holder or
1919
22
Chap. 164. Larceny, &c. 49 WICT.
*
Punishment.
As to part-
Ile I’S.
False pre-
tell CeS.
When any
money, &c., is
paid to any
person other
than the per-
Son making a
false pre-
tence.
Inducing
persons by
fraudulent
means to exe-
cute deeds
and other
instruments.
Pretending to
have inclosed
money or
other proper-
ty in a post
letter.
indorsee, in writing, or the production and delivery of the
receipt, certificate or acknowledgment, wilfully alienates or
parts with, or does not deliver to such holder or indorsee of
such receipt, certificate or acknowledgment, the grain, tim-
ber, goods or other property therein mentioned,— g
Is guilty of a misdemeanor, and liable to three years' im-
prisonment. 32-33 W., c. 21, s.90, part:-34 V., c. 5, s. 65.
76. If any misdemeanor mentioned in any of the three
sections next preceding is committed by the doing of any-
thing in the name of any firm, company or co-partnership
of persons, the person by whom such thing is actually done
or who connives at the doing thereof, is guilty of the mis-
demeanor and not any other person. 32-33 W., c. 21, S. 91;
—34 W., c. 5, s. 66.
OBTAINING MONEY BY FAILSE PRETENCES.
77. Every one who, by any false pretence, obtains from
any other person any chattel, money or valuable security,
with intent to defraud, is guilty of a misdemeanor, and liable
to three years' imprisonment:
2. Every one who, by any false pretence, causes or pro-
cures any money to be paid, or any chattel or valuable
security to be delivered to any other person, for the use or
benefit or on account of the person making such false pre-
tence or of any other person, with intent to defraud, shall
be deemed to have obtained such money, chattel or valuable
security within the meaning of the next preceding sub-
section. 32-33 W., c. 21, s. 93, part, and S. 94.
78. Every one who, with intent to defraud or injure any
other person, by any false pretence fraudulently causes or
induces any other person to execute, make, accept, indorse
or destroy the whole or any part of any valuable security,
or to write, impress or affix his name, or the name of any
other person, or of any company, firm or co-partnership, or
the seal of any body corporate, company or Society, upon
any paper or parchment, so that the same may be after-
wards made or converted into or used or dealt with as a
valuable security, is guilty of a misdemeanor, and liable to
three years' imprisonment. 32-33 W., c. 21, s. 95.
79. Every one who, for any purpose or with any intent,
wrongfully and with wilful falsehood, pretends or alleges
that he inclosed and sent or caused to be inclosed and sent
in any post letter, any money, valuable security or chattel,
which, in fact, he did not so inclose and send, or cause to
be inclosed and sent therein, is guilty of a misdemeanor,
and liable to be punished as if he had obtained the money,
valuable security or chattel so pretended to be inclosed or
sent by false pretences. 32-33 W., c. 21, s. 96, part.
1920
1886. - Larceny, - &c. Chap. 164. 23
80. Every one who, by any fraud or unlawful device or Winning
ill practice in playing any game of cards or dice, or of any ºt
other kind, or at any race, or in betting on any event, wins games.
or obtains any money or property from any other person,
shall be held to have unlawfully obtained the same by false
pretences, and shall be punishable accordingly. 32-33 W.,
c. 21, s. 97.
81. Every one who, by means of any false ticket or order, Obtaining
or of any other ticket or order, fraudulently and unlawfully ...'...e.,
obtains or attempts to obtain any passage on any railway, by false w
or in any steam or other vessel, is guilty of a misdemeanor, tickets.
and liable to six months' imprisonment. 32-33 W., c. 21,
S. 98.
RECEIVING STOILEN GOODS.
82. Every one who receives any chattel, money, valuable Receiving
security or other property whatsoever, the stealing, taking, .."
extorting, obtaining, embezzling and otherwise disposing º 1S
whereof amounts to felony, either at common law or by virtue felony.
of this Act, knowing the same to have been feloniously
stolen, taken, extorted, obtained, embezzled or disposed of,
is guilty of felony, and liable to fourteen years' imprison-
ment. 32-33 W., c. 21, s. 100, part.
88. Every one who receives any chattel, money, valuable Receiving
security or other property whatsoever, the stealing, taking, #. -
obtaining, converting or disposing whereof is made a mis- guilty of
demeanor by this Act, knowing the same to have been un-º.
lawfully stolen, taken, obtained, converted or disposed of, is
guilty of a misdemeanor, and liable to seven years' impris-
onment. 32-33 W., c. 21, s. 104, part. •
84. Every one who receives any property whatsoever, .#
knowing the same to be unlawfully come by, the stealing ...".
or taking of which property is by this Act punishable on fence is pun-
summary conviction, either for every offence, or for the first hºCOIl-.
and second offence only, shall, on summary conviction, be viction.
liable, for every first, second or subsequent offence of re-
ceiving, to the same forfeiture and punishment to which a
person guilty of a first, second or subsequent offence of steal-
ing or taking such property is by this Act liable. 32-33 W.,
c. 21, s. 106. *
OFFENCES NOT OTHERWISE PROVIDED FOR.
85. Every one who, unlawfully and with intent to de- *: ºich
- - - tº & 'S lS
fraud, by taking, by embezzling, by obtaining by false pre- iºioſ
tences, or in any other manner whatsoever, appropriates *
º 3,962, OOSSCS-
to his own use or to the use of any other person, any pro-ºo:
perty whatsoever, so as to deprive any other person tem- his property.
porarily or absolutely of the advantage, use or enjoyment of
- 1921
Chap. 164. Larceny, &c. 49 WICT.
Additional
punishment if
property
Stolen is
Worth more
than $200.
Appropria-
ting timber,
&c., found
adrift, defac-
ing marks or
refusing de-
livery to
OWIlel”.
Bringing into
Canada pro-
perty stolen,
embezzled, or
unlawfully
obtained else-
where.
Taking a re-
Ward for
helping to the
recovery of
stolen pro-
perty, without Ol' O
be liable for such offence.
any beneficial interest in such property in law or in equity,
which such other person has therein, is guilty of a mis-
demeanor, and liable to be punished as in the case of simple
larceny ; and if the value of such property exceeds two
hundred dollars, the offender shall be liable to fourteen
years’ imprisonment. 32-33 W., c. 21, s. 110, part.
86. Every one who is convicted of an offence against
this Act by stealing, embezzling or obtaining by false pre-
tences any property whatsoever, the value of which is over
two hundred dollars, is liable to seven years' imprisonment,
in addition to any punishment to which he would otherwise
32-33 W., c. 21, s. 110, part.
87. Every one who, without the consent of the owner
thereof, takes, holds, keeps in his possession, collects, con-
ceals, receives, appropriates, purchases, sells or causes or
procures or assists to be taken possession of collected, con-
cealed, received, appropriated, purchased or sold, any tim-
ber, mast, spar, saw-log or other description of lumber
which is found adrift in any river, stream or lake, or cast
ashore on the bank or beach of any river, stream or lake,
or, without the consent of the owner thereof, wholly or par-
tially defaces or adds, or causes or procures to be defaced or
added, any mark or number on any such timber, mast, spar,
saw-log or other description of lumber, or makes or causes,
or procures to be made any false or counterfeit mark on any
such timber, mast, spar, saw-log or other description of
lumber, or refuses to deliver up to the proper owner thereof,
or to the person in charge thereof, on behalf of such owner,
or authorized by such owner to receive the same, any such
timber, mast, spar, saw-log or other description of lumber,
is guilty of a misdemeanor, and liable to be punished as in
the case of simple larceny. 38 W., c. 40, s. 1, part.
88. Every one who brings into Canada, or has in his
possession therein, any property stolen, embezzled, convert-
ed or obtained by fraud or false pretences in any other
country, in such manner that the stealing, embezzling, con-
verting or obtaining it in like manner in Canada would, by
the laws of Canada, be a felony or misdemeanor, knowing
it to have been so stolen, embezzled or converted, or unlaw-
fully obtained, is guilty of an offence of the same nature
and punishable in like manner as if the stealing, embezzling,
converting or unlawfully obtaining such property had taken
place in Canada. 32-33 W., c. 21, s. 112, part.
89. Every one who corruptly takes any money or reward,
directly or indirectly, under pretence or upon account of
helping any person to any chattel, money, valuable security
ther property whatsoever, which, by any felony or misde-
bringing the meanor, has been stolen, taken, obtained, extorted, embezzled,
1922
1886. Larceny, &c. Chap. 164. 25
converted or disposed of, as in this Act before mentioned offender to
(unless he has used all due diligence to cause the offender *
to be brought to trial for the same), is guilty of felony, and
liable to seven years' imprisonment. 32-33 W., c. 21, s. 115.
90- Every one who publicly advertises a reward for the Advertising a
return of any property whatsoever, which has been stolen ...?'"
or lost, and in such advertisement uses any words purport-stolen pro-
ing that no questions will be asked, or makes use of any P* *
words in any public advertisement purporting that a reward
will be given or paid for any property which has been stolen
-or lost, without seizing or making any inquiry after the per-
son producing such property, or promises or offers in any
such public advertisement to return to any pawnbroker or
other person who advanced money by way of loan on,
or has bought any property stolen or lost, the money so
advanced or paid, or any other sum of money for the return
of such property, or prints or publishes any such advertise-
ment, shall incur a penalty of two hundred and fifty dollars
for every such offence, recoverable with costs by any person
who sues for the same in any court of competentjurisdiction :
2. No action to recover any forfeiture under this section Time for pros-
shall be brought against the printer or publisher of a news- . .es
paper, defined as a newspaper for the purposes of the Acts, limited.
for the time being in force, relating to the carriage of news-
papers by post, except within six months after the forfeiture
is incurred. 32-33 W., c. 21, s. 116;-35 V., c. 35, ss. 2 and 3.
91. Every one who, being a seller or mortgagor of land, Concealment
or of any chattel, real or personal or chose in action, or the ...;
solicitor or agent of any such seller or mortgagor, and hav- of pedigree by
ing been served with a written demand of an abstract of *.
title by or on behalf of the purchaser or mortgagee before c -
the completion of the purchase or mortgage, conceals any
settlement, deed, will or other instrument, material to the
title, or any incumbrance, from such purchaser or mortgagee,
or falsifies any pedigree upon which the title depends, with
intent to defraud and in order to induce him to accept the
title offered or produced to him, is guilty of a misdemeanor
and liable to a fine or to two years' imprisonment or to both :
2. No prosecution for any such offence shall be commenced ºsºt of
without the consent of the Attorney General of the Province 3...?,
within which the offence is committed, given after previous prosecution
notice to the person intended to be prosecuted of the appli-"
cation to the Attorney General for leave to prosecute :
3. Nothing in this section, and no proceeding, conviction Qther reme-
or judgment had or taken thereon, shall prevent, lessen or ...
impeach any remedy which any person aggrieved by any
such offence would otherwise have had, 29 W. (Can.), c. 28,
s. 20, part. *
92. The three sections next following apply only to the Provisions
Province of Quebec. º to,
43% 1923 *-
26
Chap. 164. Larceny, &c. 49 WICT.
Fraudulent
sale of pro-
perty.
Fraudulent
hypotheca-
tion of pro-
perty.
Knowingly
seizing town-
ship lands not
belonging to
defendant.
Other rem?-
dies not
affected.
Provisions
applicable
to B. C.
False state-
ments, &c.,
in relation to
transactions
in land.
Other reme-
dies not
affected.
Criminal
Hiability not
to protect
93. Every one who, knowing the existence of any un-
registered prior sale, grant, mortgage, hypothec, privilege
or incumbrance, of or upon any real property, fraudulently
makes any subsequent sale of the same, or of any part thereof.
is guilty of a misdemeanor, and liable to a fine not exceed-
ing two thousand dollars, and to one year's imprisonment.
C. S. L. C., c. 37, s: 113.
94- Every one who pretends to hypothecate any reak
property to which he has no legal title, is guilty of a misde-
meanor, and liable to a fine not exceeding one hundred
dollars and to one year's imprisonment, and the proof of the
ownership of the real estate shall rest with the person so,
pretending to hypothecate the same. C. S. L. C., c. 37, s. 114.
95- Every person who, knowingly, wilfully and malici-
ously, causes or procures to be seized and taken in execu-
tion, any lands and tenements, or other real property, situate
within any township in the Province of Quebec, not being.
at the time of such seizure, the bond fide property of the
person or persons against whom, or whose estate, the exe-
cution is issued, knowing the same not to be the property
of the person or persons against whom the execution is
issued, is guilty of a misdemeanor, and liable to one year's
imprisonment: -
2. Nothing in this section, and no proceeding, conviction
or judgment had or taken thereunder, shall prevent, lessen
or impeach any remedy which any person aggrieved by any
such offence would otherwise have had. C. S. L. C., c. 46,
ss. 1 and 2.
96. The following sections apply only to the Province of
British Columbia.
97. Every one who, in any proceeding to obtain the regis-
tration of any title to land or otherwise, or in any transaction
relating to land, which is or is proposed to be put on the
register, acting either as principal or agent, knowingly and
with intent to deceive, makes or assists or joins in, or is
privy to the making of any material false statement or repre-
sentation, or suppresses, conceals, assists or joins in, or is
privy to the suppression, withholding or concealing from
any judge or registrar, or any person employed by or assist-
ing the registrar, any material document, fact or matter of
information, is guilty of a misdemeanor, and liable to three
years' imprisonment:
2. Nothing in this section, and no proceeding, conviction
or judgment had or taken thereon, shall prevent, lessen or
impeach any remedy which any person aggrieved by any
such offence would otherwise have had :
3. Nothing in this section shall entitle any person to re-
fuse to make a complete discovery by answer to any bill in
1924
1886. Larceny, &c. Chap, 164. 27
against giv-
equitv, or to answer an uestion or interrogatorv in anv
Qulty, W y Q. 5 y any ing evidence.
civil proceeding in any court; but no answer to any such
bill, question or interrogatory shall be admissible against
any such person in evidence in any criminal proceeding.
R. S. B. C., c. 143, ss. 81, 82, 83 and 85.
|
98- Every one who steals, or without the sanction of Injuring or
the Lieutenant Governor of the Province, cuts, breaks, #nom
destroys, damages or removes any image, bones, article or an Indian
thing deposited in or near any Indian grave, or induces or . .
incites any other person so to do, or purchases any such thing.”
article or thing after the same has been so stolen, or cut or
broken, destroyed or damaged, knowing the same to have
been so acquired or dealt with, shall, on summary convic-
tion, be liable, for a first offence, to a penalty not exceeding
one hundred dollars, or to three months' imprisonment, and
for a subsequent offence, to the same penalty and to six
months' imprisonment with hard labor: -
2. In any proceeding under this section it shall be suffi- Property may
cient to state that such grave, image, bones, article or thing, . .”.”
is the property of the Crown. R. S. B. C., c. 69, ss, 2, 3 and 4. Crown.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty
48% 1925
CHAPTER 165.
An Act respecting Forgery.
HPI, Majesty, by and with the advice and consent of the
- Senate and House of Commons of Canada, enacts as
follows:–
INTERPRETATION.
1. In this Act, unless the context otherwise requires, the
expression “Province of Canada. * includes the late Province
of Canada and the late Provinces of Upper Canada and Lower
Canada, also the Provinces of Nova Scotia, New Brunswick,
Prince Edward Island and British Columbia, as they respec-
tively existed before they became part of Canada, and also
the several Provinces, Territories and Districts now or here-
after forming part of Canada.
2. When the having any matter or thing in the custody
or possession of any person is, in this Act, expressed to be
an offence, if any person has any such matter or thing in his
personal custody and possession, or knowingly and wilfully
has any such matter or thing in the actual custody and pos-
session of any other person, or knowingly and wilfully has
any such matter or thing in any dwelling-house or other
building, lodging, apartment, field or other place, open or
inclosed, whether belonging to or occupied by himself or
mot, and whether such matter or thing is so had for his own
use, or for the use or benefit of another, every such person
shall be deemed and taken to have such matter or thing in
his custody or possession within the meaning of this Act.
32-33 W., c. 19, s. 52.
3. The wilful alteration, for any purpose of fraud or de-
ceit, of any document or thing written, printed or otherwise
made capable of being read, or of any document or thing the
forging of which is made punishable by this Act, shall be
held to be a forging thereof. 32-33 W., c. 19, s. 45, part.
THE GREAT SEAL, ETC'.
4. Every one who forges or counterfeits, or utters, know-
ing the same to be forged or counterfeited, the Great Seal
of the United Kingdom, or the Great Seal of Canada, or
of any Province of Canada, or of any one of Her Majesty's
1927
!
A. D. 1886.
Interpreta-
tion :
‘‘ Province of
‘‘ Canada.”
Having in
custody or
possession.
What shall be
deemed for-
gery.
Forging the
great Sea],
privy Seal, &c.

Chap. 165. Forgery. 49 WICT.
Or uttering
document
with forged
seal.
Forging or
uttering any
document
bearing the
forged signa-
ture of the
Governor,
Lieutenant
Governor, &c.
Forging or
altering
copies of let-
ters patent,
&c.
T * º * º
Forging or
attering any
public regis-
ter,’ &c.
colonies or possessions, Her Majesty's Privy Seal, any Privy
Signet of Her Majesty, Her Majesty's Royal Sign Manual, or
any of Her Majesty's seals, appointed by the twenty-fourth
article of the union between England and Scotland to be
kept, used and continued in Scotland, the Great Seal of Ire-
land, or the Privy Seal of Ireland, or the Privy Seal or Seal
at Arms of the Governor General of Canada, or of the Lieu-
tenant Governor of any Province of Canada, or of any person
who administers or, at any time, administered the Govern-
ment of any Province of Canada, or of the Governor or Lieu-
tenant Governor of any one of Her Majesty's colonies or
possessions,—or forges or counterfeits the stamp or impres-
sion of any of the seals aforesaid, -or utters any document or
instrument whatsoever, having thereon or affixed thereto the
stamp or impression of any such forged or counterfeited seal,
knowing the same to be the stamp or impression of such
forged or counterfeited seal, or any forged or counterfeited
stamp or impression made or apparently intended to re-
semble the stamp or impression of any of the seals aforesaid,
knowing the same to be forged or counterfeited,—or forges,
or alters, or utters, knowing the same to be forged or altered,
any document or instrument having any of the said stamps
or impressions thereon, or affixed thereto, is guilty of felony,
and liable to imprisonment for life. 32-33 W., c. 19, s. 1.
5. Every one who forges or fraudulently alters any docu-
ment bearing or purporting to bear the signature of the
Governor General of Canada, or of any deputy of the Gover-
nor General, or of the Lieutenant Governor of any Province of
Canada, or of any person who administers or, at any time,
administered the Government of any Province of Canada,
or offers, utters, disposes of or puts off any such forged or
fraudulently altered document as aforesaid, knowing the
same to be so forged or altered, is guilty of felony, and liable
to imprisonment for life. 32-33 W., c. 19, s. 2.
I,ETTERS PATENT AND PUBLIC REGISTERS.
6. Every one who forges or alters, or in any way pub-
lishes, puts off, or utters as true, knowing the same to be
forged or altered, any copy of letters patent, or of the enrol-
ment or enregistration of letters patent, or of any certificate
thereof, made or given or purporting to be made or given by
virtue of any Act of Canada or of any Province of Canada,
is guilty of felony, and liable to seven years' imprisonment.
32-33 W., c. 19, s. 3.
7. Every one who forges or counterfeits or alters any
public register or book appointed by law to be made or kept
or any entry therein, or wilfully certifies or utters any writ-
ing as and for a true copy of such public register or book or
of any entry therein, knowing such writing to be counter-
1928
"I886. Forgery. Chap. 165.
feit or false, is guilty of felony, and liable to fourteen years'
imprisonment. 32-33 W., c. 19, s. 4.
TRANSFERS OF STOCK, ETC.
8- Every one who, with intent to defraud, forges or alters,
or offers, utters, disposes of or puts off, knowing the same to
be forged or altered, any transfer of any share or interest of
or in any stock, annuity or other public fund which now is
or hereafter may be transferable in any of the books of the
Dominion of Canada, or of any Province of Canada, or of any
bank at which the same is transferable, or of or in the capi-
tal stock of any body corporate, company or society, which
now is or hereafter may be established by charter, or by,
under or by virtue of any Act of Parliament of the United
Kingdom or of Canada, or by any Act of the Legislature of
any Province of Canada, or forges or alters, or offers, utters,
disposes of or puts off, knowing the same to be forged or
altered, any power of attorney or other authority to transfer
any share or interest of or in any such stock, annuity, public
fund or capital stock, or any claim for a grant of land from
the Crown in Canada, or for any scrip or other payment or
allowance in lieu of any such grant of land, or to receive
any dividend or money payable in respect of any such share
or interest,-or demands or endeavors to have any such
share or interest transferred, or to receive any dividend or
money payable in respect thereof, or any such grant of land,
or scrip or payment or allowance in lieu thereofas aforesaid,
by virtue of any such forged or altered power of attorney or
other authority, knowing the same to be forged or altered,
is guilty of felony, and liable to imprisonment for life. 32-33
V., c. 19, s. 5.
9- Every one who falsely and deceitfully personates any
“Owner of any share, or interest of or in any stock, annuity
or other public fund, which now is or hereafter may be
transferable in any of the books of the Dominion of Canada,
-or of any Province of Canada, or of any bank at which the
same is transferable, or any owner of any share or interest
of or in the capital stock of any body corporate, company or
society which now is or hereafter may be established by
charter, or by, under or by virtue of any Act of Parliament
of the United Kingdom or of Canada, or by any Act of the
Legislature of any Province of Canada, or of any claim for
a grant of land from the Crown in Canada, or for any scrip
or other payment or allowance in lieu of such grant of land,
or any owner of any dividend or money payable in respect
of any such share or interest as aforesaid, and thereby
transfers or endeavors to transfer any share or interest be-
longing to any such owner, or thereby receives or endeavors
to receive any money due to any such owner, or to obtain
any such grant of land, or such scrip or allowance in lieu
Forging
transfer of
stock, &c.
Forging
power of
attorney.
Personating
the owner of
certain stock,
&c., and
transferring
or receiving,
or endeavor-
ing to transfer
or receive the
dividends.
- 1929
Chap. 165. Forgery. 49 WICT.
Forging attes-
tation to
power of at-
torney for
transfer of
stock, &c.
Making false
entries in the
books of
public funds.
Or any frau-
dulent trans-
fer.
Clerks mak-
ing out false
dividend war-
rants, &c.
Forging de-
bentures, Do-
minion notes,
thereof as aforesaid, as if such offender were the true and
lawful owner, is guilty of felony, and liable to imprisonment
for life. 32-33 W., c. 19, s. 6. 4
10. Every one who forges any name, handwriting or
signature purporting to be the name, handwriting or signa-
ture of a witness attesting the execution of any power of
attorney or other authority to transfer any share or interest
of or in any such stock, annuity, public fund or capital
stock, or grant of land or scrip or allowance in lieu thereof.
as in either of the two sections next preceding mentioned,
or to receive any dividend or money payable in respect of
any such share or interest,-or offers, utters, disposes of or
puts off any such power of attorney or other authority, with
any such forged name, handwriting or signature thereon,
knowing the same to be forged, is guilty of felony, and liable
to seven years' imprisonment. 32-33 W., c. 19, s. 7.
11. Every one who, with intent to defraud, wilfully makes
any false entry im, or wilfully alters any word or figure in
any of the books of account kept by the Government of
Canada, or of any Province of Canada, or of any bank at
which any of the books of account of the Government of
Canada or of any Province of Canada are kept, in which
books the accounts of the owners of any stock, annuities or
other public funds, which now are or hereafter may be trans-
ferable in such books, are entered and kept, or in any
manner wilfully falsifies any of the accounts of any of such
owners in any of the said books, or wilfully makes any
transfer of any share or interest of or in any stock, annuity
or other public fund which now is or hereafter may be trans-
ferable as aforesaid, in the name of any person not being the
true and lawful owner of such share or interest, is guilty of
felony, and liable to imprisonment for life. 32-33 W., c. 19,
s. 8.
13- Every one who, being a clerk, officer or servant of
or other person employed or intrusted by the Government
of Canada or of any Province of Canada, or being a clerk or
officer or servant of, or other person employed or intrusted
by any bank in which any of such books and accounts as
are mentioned in the next preceding section, are kept, know-
ingly and with intent to defraud, makes out, or delivers any
dividend warrant, or warrant for payment of any annuity,
interest or money payable as aforesaid, for a greater or less
amount than the person on whose behalf such warrant is
made out is entitled to, is guilty of felony, and liable to
seven years' imprisonment. 32-33 W., c. 19, s. 9.
DEBENTURES, STOCK, EXCHEQUER BILLS. ETC.
13. Every one who, with intent to defraud, forges or alters,
or offers, utters, disposes of or puts off, knowing the same to
1930 -
1886. Forgery. % Chap. 165. 5.
be forged or altered, any debenture or other security, issued exchequer
under the authority of any Act of the Parliament of Canada, º
or of the Legislature of any Province of Canada, or any dorsements
exchequer bill or exchequer bond, or any Dominion or Pro- º,
vincial note, or any indorsement on or assignment of any certificate,
such debenture, exchequer bill or exchequer bond or other *
security, issued under the authority of any Act of the Parlia-
ment of Canada, or of the Legislature of any Province of
Canada, or any coupon, receipt or certificate for interest
accruing thereon, or any scrip in lieu of land as aforesaid,
is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 19, s. 10.
14. Eyery one who, without lawful authority or excuse, º, . .
the proof whereof shall lie on him, makes or causes or pro- #. ºf"
cures to be made, or aids or assists in making, or knowingly thºse used for
has in his custody or possession, any frame, mould or instru- tº: y
ment, having therein any words, letters, figures, marks, lines bills, &c.
or devices, peculiar to or appearing in the substance of any
paper provided or to be provided and used for any such
debentures, exchequer bills or exchequer bonds, Dominion
notes or Provincial notes or other securities as aforesaid, or
any machinery for working any threads into the substance
of any such paper, or any such thread, and intended to
imitate such words, letters, figures, marks, lines, threads or
devices, or any plate peculiarly employed for printing such
debentures, exchequer bills or exchequer bonds, or such
notes or other securities, or any die or seal peculiarly used
for preparing any such plate, or for sealing such debentures,
exchequer bills or exchequer bonds, notes or other securities,
or any plate, die or seal, intended to imitate any such plate,
die or seal as aforesaid, is guilty of felony, and liable to seven
years' imprisonment. 32-33 W., c. 19, s. 11.
15. Every one who, without lawful authority or excuse, Making Fº
the proof whereof shall lie on him, makes, or causes, or pro- #.”
gures to be made, or aids or assists in making any paper in tº
the substance of which appear any words, letters, figures, º
marks, lines, threads or other devices peculiar to and appear-
ing in the substance of any paper provided or to be provided
or used for such debentures, exchequer bills or exchequer
bonds, notes or other securities aforesaid, or any part of such
words, letters, figures, marks, lines, threads or other devices,
and intended to imitate the same, or knowingly has in
his custody or possession any paper whatsoever, in the
Substance whereof appear any such words, letters, figures,
marks, lines, threads or devices as aforesaid, or any parts of
such words, letters, figures, marks, lines, threads or other
devices, and intended to imitate the same, or causes or
assists in causing any such words, letters, figures, marks,
lines, threads or devices as aforesaid, or any part of such
words, letters, figures, marks, lines, threads and other de-
1931
t;
Chap. 165. Forgery. 49 WICT.
"Taking im-
pression from
plate, die or
seal.
Having in
possession
paper, &c.,
or deben-
tures, ex-
chequer bills
&c.
Torging
Stamps or
stamped
paper.
Or tools for
making the
.S:RIT]{2.
Removing
stamps from
in StrumentS.
Forging bank
notes and
bills.
vices, and intended to imitate the same, to appear in the
substance of any paper whatsoever,-or takes, or assists in
taking an impression of any such plate, die or seal, as in the
next preceding section mentioned, is guilty of felony, and
liable to seven years' imprisonment. 32-33 W., c. 19, s. 12.
16- Every one who, without lawful authority or excuse,
the proof whereof shall lie on him, purchases or receives,
or knowingly has in his custody or possession, any paper
manufactured and provided by or under the direction of
the Government of Canada or of any Province of Canada,
for the purpose of being used as such debentures, exche-
quer bills or exchequer bonds, notes or other securities as
aforesaid, before such paper has been duly stamped, signed
and issued for public use, or any such plate, die or seal, as
in the two sections next preceding mentioned, is guilty of a
misdemeanor, and liable to imprisonment for any term less
than two years. 32-33 W., c. 19, s. 13.
STAMPS.
17- Every one who forges, counterfeits or imitates, or pro-
cures to be forged, counterfeited or imitated any stamp or
stamped paper, issued or authorized to be used by any Act
of the Parliament of Canada, or of the Legislature of any
Province of Canada, by means whereof any duty thereby im-
posed may be paid, or any part or portion of any such stamp,
—or knowingly uses, offers, sells or exposes for sale any such
forged, counterfeited or imitated stamp, or engraves, cuts,
sinks or makes any plate, die or other thing whereby to
make or imitate such stamp or any part or portion thereof,
except by permission of an officer or person who, being duly
authorized in that behalf by the Government of Canada or
of any Province of Canada, may lawfully grant such per-
mission,--Or has possession of any such plate, die or thing,
without such permission, or, without such permission, uses
or has possession of any such plate, die or thing lawfully
engraved, cut or made,-or tears off or removes from any in-
strument, on which a duty is payable, any stamp by which
such duty has been wholly or in part paid, or removes from
any such stamp any writing or mark indicating that it has
been used for or towards the payment of any such duty, is
guilty of felony, and liable to twenty-one years' imprison-
ment. 32-33 W., c. 19, s. 14.
BAN FN N ()TES.
18. Every one who, with intent to defraud, forges or
alters, or offers, utters, disposes of or puts off, knowing the
same to be forged or altered, any note or bill of exchange
of any body corporate, company or person carrying on the
business of bankers, commonly called a bank note, a bank
bill of exchange or bank post bill, or any indorsement on
1932
1886. Forgery. Chap. 165.
or assignment of any bank note, bank bill of exchange or
bank post bill, is guilty of felony, and liable to imprison-
ment for life. 32-33 W., c. 19, s. 15.
19. Every one who, without lawful authority or excuse,
the proof whereof shall lie on him, purchases or receives
from any other person, or has in his custody or possession
any forged bank note, bank bill of exchange or bank post
bill, or blank bank note, blank bank bill of exchange or
blank bank post bill, knowing the same to be forged, is
guilty of felony, and liable to fourteen years' imprisonment.
32-33 W., c. 19, s. 16.
MAKING PAPER AND ENGRAVING PLATES FOR 13ANK NOTES, ETC.
20. I'very one who, without lawful authority or excuse,
the proof whereof shall lie on him, makes or uses, or know-
ingly has in his custody or possession, any frame, mould or
instrument for the making of paper used for Dominion or
Trovincial notes, or for bank notes, with any words used in
such notes, or any part of such words, intended to resemble
or pass for the same, visible in the substance of the paper,
or for the making of paper with curved or waving bar lines,
or with laying wire lines thereof, in a waving or curved
shape, or with any number, sum or amount, expressed in a
word or words in letters, visible in the substance of the
paper, or with any device or distinction peculiar to and
appearing in the substance of the paper used for such notes,
respectively,–or makes, uses, sells, exposes for sale, utters or
disposes of, or knowingly has in his custody or possession
any paper whatsoever with any words used in such notes,
or any part of such words, intended to resemble and pass
for the same, visible in the substance of the paper, or any
paper with curved or waving bar lines, or with the laying
wire lines thereof in a waving or curved shape, or with any
Inumber, sum or amount expressed in a word or words in
letters appearing visible in the substance of the paper, or
with any device or distinction peculiar to and appearing in
the substance of the paper used for any such notes, respec-
tively,–or, by any art or contrivalnce, causes any such words
or any part of such words, intended to resemble and pass
for the same, or any device or distinction peculiar to and
appearing in the substance of the paper used for any such
notes, respectively, to appear visible in the substance of any
paper, or causes the numerical sum or amount of any such
note, in a word or words in letters to appear visible in the
substance of the paper, whereon the same is written or
printed, is guilty of felony, and liable to fourteen years'
imprisonment. 32-33 W., c. 19, s. 17.
21. Nothing in the next preceding section contained shall
prevent any person from issuing any bill of exchange or
promissory note, having the amount thereof expressed in a
Purchasing
or receiving
or having
forged bank
notes or bills.
Making or
having
moulds for
making paper
With words
used for Doºm-
inion notes,
bank notes,
& c.
Or selling
such paper or
baving it in
possession.
Or causing
distinctive
marks to
appear
thereon.
Exception as
to paper used
for bills of ex-
change, &c.
1933
8 Chap. 165. Forgery. 49 WICT.
numerical figure or figures denoting the amount thereof in
pounds or dollars, appearing visible in the substance of the
paper upon which the same is written or printed, or shall
prevent any person from making, using or selling aliy paper
having waving or curved lines, or any other devices in the
nature of water marks visible in the substance of the paper,
not being bar lines or laying wire lines, provided the same
are not so contrived as to form the groundwork or texture
of the paper, or to resemble the waving or curved, laying
wire lines or bar lines, or the water-marks of the paper used
for Dominion notes or Provincial notes or bank notes, as
aforesaid. 32-33 W., c. 19, s. 18.
Engraving or 22. Every one who, without lawful authority or excuse,
i. º the proof whereof shall lie on him, engraves or in anywise
Dominion or makes upon any plate whatsoever, or upon any wood, stone
*" or other material, any promissory note or part of a promissory
mote, purporting to be a Dominion or Provincial note, or
bank note, or to be a blank l]ominion or Provincial note, or
bank note, or to be a part of any Dominion or Provincial
note, or bank note, as aforesaid, or any name, word or char-
acter resembling, or apparently intended to resemble, any
subscription to any such Dominion or Provincial note, or
bank note, as aforesaid, or uses any such plate, wood, stone
or other material, or any other instrument or device for the
making or printing of any such note, or part of such note,_or
knowingly has in his custody or possession any such plate,
wood, stone or other material, or any such instrument or
Unlawfully , device,—or knowingly offers, utters, disposes of or puts off, or
lº has in his custody or possession any paper upon which any
thereof. blank Dominion or Provincial note, or bank note, or part of
any such mote, or any name, word or character resembling,
or apparently intended to resemble, any such subscription,
is made or printed, is guilty of felony and liable to fourteen
years' imprisonment. 31 W., c. 46, s. 14;-32-33 W., c. 19,
S. 19.
Rººn 23. Every one who, without lawful authority or excuse,
*::: ºr.” the proof whereof shall lie on him, engraves or in anywise
º makes upon any plate whatsoever, or upon any wood, stone
... part or other material, any word, number, figure, device, char-
of a note, acter or ornament, the impression taken from which resem-
bles, or is apparently intended to resemble any part of a
Dominion or Provincial note, or bank note, or uses or know-
ingly has in his custody or possession any such plate, wood,
stone or other material, or any other instrument or device for
the impressing or making upon any paper or any other
material, any word, number, figure, character or ornament,
which resembles, or is apparently intended to resemble any
Uttering or part of any such note as aforesaid, -or knowingly offers,
º utters, disposes of or puts off, or has in his custody or
which any possession any paper or other material upon which there is
such word, - 1934 -
1886. Forgery. Chap 165. 9
an impression of any such matter as aforesaid, is guilty of .."
felony, and liable to fourteen years' imprisonment. 32-33 W., *
c. 19, s. 20.
24. Every one who, without lawful authority or excuse, Making or
- --- e * Te having mould
the proof whereof shall lie on him, makes or uses any frame, ... i.i.
mould or instrument for the manufacture of paper, with the paper with f
name or firm of any bank or body corporate, company or ...'...,
person carrying on the business of bankers, appearing visi- making of
ble in the substance of the paper, or knowingly has in his º such
custody or possession any such frame, mould or instrument,
—or makes, uses, sells, or exposes for sale, utters or disposes
of, or knowingly has in his custody or possession any paper, in
the substance of which the name or firm of any such bank,
body corporate, company or person appears visible,_or, by
any art or contrivance causes the name or firm of any such
bank, body corporate, company or person to appear visible in
the substance of the paper upon which the same is written or
printed, is guilty of felony, and liable to fourteen years' im-
prisonment. 32-33 W., c. 19, s. 21.
25. Every one who forges or alters, or offers, utters, dis-Forging
poses of or puts off, knowing the same to be forged or altered, º;
any bill of exchange, promissory note, undertaking or order the same. *
for payment of money, in whatsoever language or languages
the same is expressed, and whether the same is or is not
under seal, purporting to be the bill, note, undertaking or
order of any foreign prince or state, or of any minister or
officer in the service of any foreign prince or state, or of any
body corporate or body of the like nature, constituted or
recognized by any foreign prince or state, or of any person
or company of persons resident in any country not under the
dominion of Her Majesty, -and every one who, without law- Engraying
ful authority or excuse, the proof whereof shall lie on him, łºń.
engraves, or in anywise makes upon any plate whatsoever, or notes, or
or upon any wood, stone or other material, any bill of ex- i. *uch
change, promissory note, undertaking or order for payment plates.
of money, or any part of any bill of exchange, promissory
note, undertaking or order for payment of money, in what-
soever language the same is expressed, and whether the same
is or is not, or is or is not intended to be under seal, pur-
porting to be the bill, note, undertaking or order, or part of
the bill, note, undertaking or order of any foreign prince or
state, or of any minister or officer in the service of any
foreign prince or state, or of any body corporate or body
of the like nature, constituted or recognized by any foreign
prince or state, or of any person or company of persons
resident in any country not under the dominion of Her
Majesty, or uses or knowingly has in his custody or posses-
sion any plate, stone, wood or other material, upon which
any such foreign bill, note, undertaking or Order, or any
part thereof, is engraved or made,-or knowingly offers,
1935
10
Chap. 165. Forgery. 49 WICT.
Uttering
paper on
which any
part of such
bill or note
is printed.
Forging
deeds, bonds,
&c., or utter-
ing the same.
Forging wills
utters, disposes of or puts off, or has in his custody or
possession any paper upon which any part of any such
foreign bill, note, undertaking or order is made or printed, is
guilty of felony, and liable to fourteen years' imprisonment.
32-33 W., c. 19, s. 22.
DEEDS, WILLS, BILLS OF EXCHANGE, ETC.
26- Every one who, with intent to defraud, forges or
alters, or offers, utters, disposes of or puts off, knowing
the same to be forged or altered, any deed or any bond or
writing obligatory, or any assignment at law or in equity
of any such bond or writing obligatory, or forges any name,
handwriting or signature purporting to be the name, hand-
writing or signature of a witness attesting the execution of
any deed, bond or writing obligatory, or offers, utters, dis-
poses of or puts off any deed, bond or writing obligatory,
having thereon any such forged name, handwriting or sig-
nature, knowing the same to be forged, is guilty of felony,
and liable to imprisonment for life. 32-33 W., c. 19, s. 23.
27. Every one who, with intent to defraud, forges or
alters, or offers, utters, disposes of or puts off, knowing the
same to be forged or altered, any will, testament, codicil, or
testamentary instrument, is guilty of felony, and liable to
Forging bills
of exchange
or promissory
notes.
Forging or-
ders, receipts,
&c., for
money, goods,
&c.
imprisonment for life. 32-33 W., c. 19, s. 24.
28. Every one who, with intent to defraud, forges or
alters, or offers, utters, disposes of or puts off, knowing the
same to be forged or altered, any bill of exchange, or any
acceptance, indorsement or assignment of any bill of ex-
change, or any promissory note for the payment of money,
or any indorsement on or assignment of any such promissory
note, is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 19, s. 25.
29. Every one who, with intent to defraud, forges or
alters, or offers, utters, disposes of or puts off, knowing
the same to be forged or altered, any undertaking, warrant,
order, authority or request for the payment of money or
for the delivery or transfer of any goods or chattels, or of
any note, bill or other security for the payment of money,
or for procuring or giving credit, or any indorsement on
or assignment of any such undertaking, warrant, order,
authority or request, or any accountable receipt, acquittance
or receipt for money or for goods, or for any note, bill or
other security for the payment of money, or any indorse-
ment on or assignment of any such accountable receipt, or
any account, book or thing, written or printed or otherwise
made capable of being read, is guilty of felony, and liable
to imprisonment for life. 32-33 W., c. 19, s. 26.
1936
1886. Forgery. Chap. 165. | 1
30. Every one who, with intent to defraud, draws, makes, Making or
.* - . . g & ‘e, tº ; g, accepting any
signs, accepts or indorses any bill of exchange or promis- i.
sory note, or any undertaking, warrant, order, authority or pºuration,
request for the payment of money, or for the delivery or Nº.
transfer of goods or chattels, or of any bill, note or other or uttering
security for money, by procuration or otherwise, for, in the **
name, or on the account of any other person, without law-
ful authority or excuse,_ or offers, utters, disposes of or
puts off any such bill, note, undertaking, warrant, order,
authority or request, so drawn, made, signed, accepted or
indorsed, by procuration or otherwise, without lawful au-
thority or excuse, knowing the same to have been so drawn,
made, signed, accepted or indorsed, as aforesaid, is guilty of
felony, and liable to fourteen years' imprisonment. 32-33 W.,
c. 19, s. 27.
31- Whenever any cheque or draft on any banker is Obliterating
crossed with the name of a banker, or with two transverse jº"
lines with the words “and company,” or any abbreviation
thereof, every one who, with intent to defraud, obliterates,
adds to or alters any such crossing, or offers, utters, dis-
poses of or puts off any cheque or draft whereon any such
obliteration, addition or alteration has been made, knowing
the same to have been made, is guilty of felony, and liable
to imprisonment for life. 32-33 W., c. 19, s. 28. -
32. Every one who forges or fraudulently alters, or offers, Forging
utters, disposes of or puts off, knowing the same to be forged "****
or fraudulently altered, any debenture issued under any
lawful authority whatsoever, either within Her Majesty's
dominions or elsewhere, is guilty of felony, and liable to
fourteen years' imprisonment. 32-33 W., c. 19, s. 29.
9.
PASSENGER, TICKETS.
33. Every one who, with intent to defraud, forges, offers º
or utters, disposes of or puts off, knowing the same to be . **
forged, any ticket or order for a free or paid passage on any
railway or any steam or other vessel, is guilty of felony, and
liable to three years' imprisonment. 32-33 W., c. 19, s. 32.
RECORDS, PROCESS, INSTRUMENTS OF EVIDENCE, ETC.
34. Every one who forges or fraudulently alters or offers, Eºing pro-
g e º ceedings of
utters, disposes of or puts off, knowing the same to be forged º
or fraudulently altered, any record, writ, return, panel, pro-
cess, rule, order, warrant, interrogatory, deposition, affidavit,
affirmation, recognizance, cognovit actionem, warrant of at-
torney, bill, petition, process, notice, rule, answer, pleading,
interrogatory, report, order or decree, or any Original docu-
ment whatsoever of or belonging to any court of justice, or
any document or writing, or any copy of any document or
writing, used or intended to be used as evidence in any such
1937
Chap. 165. - Forgery. 49 WICT.
Uttering false
copies or cer-
tificates of
records, or
process of
courts, or
using forged
process.
Forging in-
Struments
made evi-
dence by any
Act of Parlia-
ment, &c.
Causing pro-
clamation,
&c., falsely to
purport to be
printed by
Queen's
Printer, &c.
court, is guilty of felony, and liable to seven years' impris-
onment. 32-33 W., c. 19, s. 33.
35. Every one who, being the clerk of any court or other
officer having the custody of the records of any court, or
being the deputy of any such clerk or officer, utters any
false copy or certificate of any record, knowing the same to be
false; and every one, other than such clerk, officer or deputy,
who signs or certifies any copy or certificate of any record
as such clerk, officer or deputy,+and every one who forges
or fraudulently alters or offers, utters, disposes of or puts off,
knowing the same to be forged or fraudulently altered, any
copy or certificate of any record, or offers, utters, disposes
of or puts off any copy or certificate of any record having
thereon any false or forged name, handwriting or signature,
knowing the same to be false or forged,—and every one who
forges the seal of any court of record, or forges or fraud-
ulently alters any process of any court whatsoever, or serves
or enforces any forged process of any court whatsoever,
knowing the same to be forged, or delivers or causes to be
delivered to any person any paper, falsely purporting to be
any such process or a copy thereof, or to be any judgment,
decree or order of any court whatsoever, or a copy thereof,
knowing the same to be false, or acts or professes to act
under any such false process, knowing the same to be false,
is guilty of felony, and liable to seven years' imprisonment.
32-33 W., c. 19, s. 34;—C. S. U. C., c. 16, s. 16, part.
36. Every one who forges or fraudulently alters, or offers,
utters, disposes of, puts off, or tenders in evidence, knowing
the same to be forged or fraudulently altered, any instru-
ment, whether written or printed, or partly written and
partly printed, which is made evidence by any Act of the
Parliament of Canada or of the Legislature of any Province
of Canada, and for which offence no other punishment is in
this Act provided, is guilty of felony, and liable to seven
years' imprisonment. 32-33 W., c. 19, s. 35 —-39 V., c. 26,
s, 14;-C. S. C., c. 80, s. 7, part.
37. Every one who,
(a.) Prints any proclamation, order, regulation or appoint-
ment, or notice thereof, and causes the same falsely to pur-
port to have been printed by the Queen's Printer for Canada,
or the Government Printer for any Province of Canada, as
the case may be, or tenders in evidence any copy of any
proclamation, order, regulation or appointment, which false-
ly purports to have been printed as aforesaid, knowing that
the same was not so printed; or—
Forging or
tendering
forged cer-
tificate.
(b.) Forges, or tenders in evidence, knowing the same to
be forged, any certificate authorized to be made or given by
any Act of the Parliament of Canada, or of the Legislature
of any Province of Canada, for the purpose of certifying or
1886. Forgery. Chap. 165. 13
verifying any copy or extract of any proclamation, order,
regulation, appointment, paper, document or writing, of
which a certified copy may lawfully be offered as primá facie
evidence,—
Is guilty of felony, and liable to seven years' imprison-Punishment.
ment. 44 V., c. 28, S. 4.
NOTARIAL ACTS, REGISTERS OF DEEDS, ETC.
38. Every one who forges or fraudulently alters, or offers, Forging.
utters, disposes of or puts off, knowing the same to be forged #º
or fraudulently altered, any notarial act or instrument or other authen-
copy, purporting to be an authenticated copy thereof or any #: 3.S
procès verbal of a surveyor, or like copy thereof.--or forges or to the regis.
fraudulently alters, or offers or utters, disposes of or puts off, try of deeds.
knowing the same to be forged or fraudulently altered, any
duplicate of any instrument, or any memorial, affidavit, affir-
mation, entry, certificate, indorsement, document or writing,
made or issued under the provisions of any Act of the Par-
liament of Canada, or of the Legislature of any Province of
Canada, for or relating to the registry of deeds or other in-
struments or documents respecting or concerning the title
to or claims upon any real or personal property whatsoever,
or forges, or counterfeits the seal of or belonging to any office
for the registry of deeds or other instruments as aforesaid,
or any stamp or impression of any such seal,—or forges any
name, handwriting or signature, purporting to be the name,
handwriting or signature of any person to any such mem-
orial, affidavit, affirmation, entry, certificate, indorsement,
document or writing required or directed to be signed by or
by virtue of any such Act, or offers, utters, disposes of or Uttering such
puts off any such memorial or other writing as in this section 49*.
mentioned, having thereon any such forged stamp or impres-
sion of any such seal, or any such forged name, handwriting
or signature, knowing the same to be forged, is guilty of
felony, and liable to fourteen years' imprisonment. 32-33 W.,
c. 19, s. 37. *
ORDERS OF JUSTICES OF THE PEACE.
39. Every one who, with intent to defraud, forges or Forging.
alters, or offers, utters, disposes of or puts off, knowing the jºr
same to be forged or altered, any summons, conviction, order higances,
or warrant, of any justice of the peace, or any recognizance * *
purporting to have been entered into before any justice of
the peace or other officer authorized to take the same, or
any examination, deposition, affidavit, affirmation or solemn
declaration, taken or made before any justice of the peace,
is guilty of felony, and liable to three years' imprisonment.
32-33 W., c. 19, s. 38.
NAMES OF JUDGES, ETC.
40. Every one who, with intent to defraud, forges or alters ; *
any certificate, report, entry, indorsement, declaration of Judge, &c.
44% 1939
T4
Chap. 165. Forgery. * 49 WICT.
Acknowledg-
ing recogniz-
ance, bail,
cognovit, &c.,
in the name
of another.
Forging or
uttering
forged mar-
riage license
or certificate.
Forging or
§. &c.,
registers of
births, bap-
tisms, mar-
riages, deaths
or burials.
trust, note, direction, authority, instrument or Writing made
or purporting or appearing to be made by any judge, com-
missioner, clerk or other officer of any court in Canada, or the
name, handwriting or signature of any such judge, commis-
sioner, clerk, or other officer, as aforesaid, -or offers, utters,
disposes of or puts off any such certificate, report, entry, in-
dorsement, declaration of trust, note, direction, authority,
instrument or writing, knowing the same to be forged or
altered, is guilty of felony, and liable to fourteen years' im-
prisonment. 32-33 W., c. 19, s. 39;-C. S. U. C., c. 16, s. 16,
part. -
RECOGNIZANCES, ETC.
41. Every one who, without lawful authority or excuse,
the proof whereof shall lie on him, in the name of any other
person, acknowledges any recognizance of bail, or any cog-
novit actionem, or judgment, or any deed or other instrument,
before any court, judge, notary or other person lawfully
authorized in that behalf, is guilty of felony, and liable to
seven years' imprisonment. 32-33 W., c. 19, s. 40.
MARRIAGE LICENSES.
42. Every one who forges or fraudulently alters any
license or certificate for marriage, or offers, utters, disposes of
or puts off any such license or certificate, knowing the same
to be forged or fraudulently altered, is guilty of felony, and
liable to seven years' imprisonment. 32-33 W., c. 19, s. 41.
REGISTERS OF BIRTHS, MARRIAGES AND DEATHS.
43. Every one who unlawfully destroys, defaces or in-
jures, or causes or permits to be destroyed, defaced or injured,
any register of births, baptisms, marriages, deaths or burials,
authorized or required to be kept in Canada, or in any Pro-
vince of Canada, or any part of any such register, or any
certified copy of any such register, or of any part thereof—or
forges or fraudulently alters in any such register any entry
relating to any birth, baptism, marriage, death or burial, or
any part of any such register, or any certified copy of such
register, or of any part thereof—or knowingly and unlaw-
fully inserts, or causes or permits to be inserted in any such
register, or in any certified copy thereof, any false entry of
any matter relating to any birth, baptism, marriage, death
or burial,—or knowingly and unlawfully gives any false
certificate relating to any birth, baptism, marriage, death or
burial, or certifies any writing to be a copy or extract from
any such register, knowing such writing, or the part of such
register whereof such copy or extract is so given, to be false
in any material particular, or forges or counterfeits the seal
of or belonging to any registry office or burial board, or
offers, utters, disposes of of puts off any such register, entry,
1940
1886. Forgery. - Chap. 165. 15
certified copy, certificate or seal, knowing the same to be Qr uttering
false, forged or altered, or offers, utters, disposes of, or puts the same.
off any copy or any entry in any such register, knowing such
entry to be false, forged or altered, is guilty of felony, and
liable to imprisonment for life. 32-33 W., c. 19, S. 42.
44. Every one who, knowingly and wilfully, inserts or Making false
causes or permits to be inserted, in any copy of any register ..."
directed or required by law to be transmitted to any regis- *:::::: Sent
trar or other officer, any false entry of any matter relating to regis".
to any baptism, marriage or burial,—or forges or alters, or
offers, utters, disposes of or puts off, knowing the same to
be forged or altered, any copy of any register so directed or
required to be transmitted as aforesaid, or knowingly or
wilfully signs or verifies any copy of any register so directed
or required to be transmitted as aforesaid, which copy is
false in any part thereof, knowing the same to be false,_or Destroying or
unlawfully destroys, defaces or injures, or for any fraudulent .
purpose, takes from its place of deposit, or conceals any such copies.
such copy of any register, is guilty of felony, and liable to
imprisonment for life. 32-33 W., c. 19, s. 43.
DEMANDING PROPERTY UPON FORGED INSTRUMENTS.
45. Every one who, with intent to defraud, demands, Demanding or
receives or obtains, or causes or procures to be delivered º
or paid to any person, or endeavors to receive or obtain, forged instru-
or to cause or procure to be delivered or paid to any per- *
son, any chattel, money, security for money or other pro-
perty whatsoever, under, upon or by virtue of any forged
or altered instrument whatsoever, knowing the same to be
forged or altered, or under, upon or by virtue of any pro-
bate or letters of administration, knowing the will, testa-
ment, codicil, or testamentary writing on which such pro- .
bate or letters of administration were obtained, to have
been forged or altered, or knowing such probate or letters
of administration to have been obtained by any false oath,
affirmation or affidavit, is guilty of felony, and liable to
fourteen years' imprisonment. 32-33 W., c. 19, S. 44.
CASES NOT OTHERWISE PROVIDED FOR.
46. Every one who, for any purpose of fraud or deceit, Forging any
forges or fraudulently alters any document or thing written, º' ºr
º e & Writing
printed or otherwise made capable of being read, or offers, whatsoever.
utters, disposes of or puts off any such forged or altered
document or thing, knowing the same to be forged or altered,
is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 19, s. 45, part.
47. If by this or any other Act any person is liable to *..."
º * iº * 1I] Stil'UlDO €Il
punishment for forging or altering, or for offering, utter-j"
ing, disposing of or putting off, knowing the same to be designated,
44% 1941
16
Chap. 165. - Forgery. 49 WICT.
which is in
law a will, bill
of exchange,
&c.
Forging, &c.,
in
anada,
documents
purporting to
be made, or
actually made
Out
of
Canada.
Forging, &c.,
in Canada,
bills, &c.,
purporting to
be É. Out
Of
anada.
forged or altered, any instrument or writing designated in
such Act by any special name or description, and such
instrument or writing, however designated, is in law a will,
testament, codicil or testamentary writing, or a deed, bond
or writing obligatory, or a bill of exchange, or a promissory
note for the payment of money, or an indorsement on or
assignment of a bill of exchange or promissory note for the
payment of money, or an acceptance of a bill of exchange, or
an undertaking, warrant, order, authority or request for the
payment of money, or an indorsement on or assignment of
an undertaking, warrant, order, authority or request for the
payment of money, within the true intent and meaning of
this Act, every one who forges or alters such instrument or
writing, or offers, utters, disposes of or puts off such instru-
ment or writing, knowing the same to be forged or altered,
may be indicted as an offender against this Act, and pun-
ished accordingly. 32-33 W., c. 19, s. 46.
48. Every one who, in Canada, forges or alters, or offers,
utters, disposes of or puts off, knowing the same to be forged
or altered, any writing or matter of which the forging or
altering, or the offering, uttering, disposing of or putting
off, knowing the same to be forged or altered, is, in this Act,
expressed to be an offence,—in whatsoever country or place
out of Canada, whether under the dominion of Her Majesty
or not, such writing or matter purports to be made or has
been made, and in whatsoever language the same or any
part thereof is expressed,—and every one who aids, abets or
counsels the commission of any such offence, shall be deemed
to be an offender within the meaning of this Act, and shall
be punishable in the same manner as if the writing or mat-
ter purported to be made or was made in Canada. 32-33 W.,
c. 19, s. 47, part.
49. Every one who, in Canada, forges or alters or offers,
utters, disposes of or puts off, knowing the same to be forged
or altered, any bill of exchange, or any promissory Inote for
the payment of money, or any indorsement on Or assignment
of any bill of exchange or promissory note for the payment
of money, or any acceptance of any bill of exchange, or any
undertaking, warrant, order, authority or request for the
payment of money, or for the delivery or transfer of any
goods or security, or any deed, bond or writing obligatory
for the payment of money, (whether such deed, bond or
writing obligatory is made only for the payment of money,
or for the payment of money together with some other pur-
pose,) or any indorsement on or assignment of any such
undertaking, warrant, order, authority, request, deed, bond
or writing obligatory, in whatsoever place or country out
of Canada, whether under the dominion of Her Majesty or
not, the money payable or secured by such bill, note, under-
taking, warrant, order, authority, request, deed, bond or
1942
1886. Forgery. Chap. 165.
17
*
Writing obligatory is or purports to be payable, and in
Whatsoever language the same respectively or any part
thereof is expressed, and whether such bill, note, under-
taking, warrant, order, authority or request is or is not under
seal,- and every one who aids, abets or counsels the com-
mission of any such offence, shall be deemed to be an
offender within the meaning of this Act, and shall be
punishable in the same manner as if the money purported
to be payable or was payable in Canada. 32-33 W., c. 19,
S. 47, part.
59. Whenever, by any Act, any person falsely making,
forging, counterfeiting, erasing or altering any matter what-
soever, or uttering, publishing, offering, disposing of, put-
ting off or making use of any matter whatsoever, knowing
the same to have been falsely made, forged, counterfeited,
erased or altered, or any person demanding or endeavoring
to receive or have anything, or to do or to cause to be done
any act, upon or by virtue of any matter whatsoever, know-
ing such matter to have been falsely made, forged, counter-
feited, erased or altered,—or whenever, by any such Act, any
person falsely personating another, or falsely acknowledging
anything in the name of another, or falsely representing
any other person than the real person to be such real person,
or wilfully making a false entry in any book, account or
document, or in any manner wilfully falsifying any part of
any book, account or document, or wilfully making a trans-
fer of any stock, annuity or fund in the name of any person
not being the owner thereof, or knowingly taking any false
oath, or knowingly making any false affidavit or false affir-
mation, or demanding or receiving any money or other
thing by virtue of any probate or letters of administration,
knowing the will on which such probate was obtained to
have been false or forged, or knowing such probate or letters of
administration to have been obtained by means of any false
oath or false affirmation,--or whenever, by any such Act, any
person making or using, or knowingly having in his custody
or possession any frame, mould or instrument for the making
of paper, with certain words visible in the substance thereof,
or any person making such paper, or causing certain words
to appear visible in the substance of any paper, would,
according to the provisions contained in any such Act, be
guilty of felony, and be liable to any greater punishment
than is provided by this Act,-if any person is convicted of
any such felony as is in this section mentioned, or of aiding,
abetting, counselling or procuring the commission thereof.
and the same is not punishable under any of the other pro-
visions of this Act, every such person shall be liable to
imprisonment for life. 32-33 W., c. 19, s. 56.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
Forgeries
which were
punishable
more severely
than under
this Act, and
are not other-
wise punish-
able here-
under.
Punishment
in such cases.
1943
CEIAPTER 166.
An Act respecting the fraudulent marking of Mer- A. D. 1886.
chandise.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1. This Act may be cited as “The Trade Marks Offences Act.” Short title.
35 W., c. 32, s. 26.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “person’’ includes any person, whether #3.
a subject of Her Majesty or not, and any body corporate or
body of the like nature, whether constituted according to
the law of Canada or any of Her Majesty's dominions or
colonies, or according to the law of any foreign country, and
also any company, association or society of persons, whether
the members thereof are subjects of Her Majesty or not, or
some of such persons are subjects of Her Majesty and some
of them not, and whether such body corporate, body of the
like nature, company, association or society is established’
or carries on business within Her Majesty's dominions or
elsewhere, or partly within Her Majesty's dominions and
partly elsewhere ;
(b.) The expression “mark” includes any name, signa-
ture, word, letter, device, emblem, figure, sign, seal, stamp,
diagram, label, ticket or other mark of any other descrip-
tion ; and— -
(c.) The expression “trade mark ’’ includes any such
name, signature, word, letter, device, emblem, figure, sign,
seal, stamp, diagram, label, ticket or other mark as afore-
said, registered or unregistered, lawfully used by any per-
son to denote any chattel or article to be an article or thing
of the manufacture, workmanship, production or merchan-
dise of such person, or to be an article or thing of any
peculiar or particular description, made or sold by such per-
son, and also includes any name, signature, word, letter,
number, figure, mark or sign which, in pursuance of any
statute relating to trade marks or registered designs, is to
be put or placed upon or attached to any chattel or article
during the existence or continuance of any patent, copy-
right or other sole right acquired under the provisions of
any such statute. 35 W., c. 32, s. 1.
** PerSOn.”
‘‘ Mark.”
‘‘Trade
‘‘ Mark.”

1945
2
Chap. 166. Fraudulent Marking of Merchandise. 49 WICT.
What shall be
deemed a
forged and
counterfeited
trade mark.
And what an
act of forging
such mark.
Forging or
counterfeit-
ing any trade
mark.
Unlawfully
applying a
trade mark.
Articles
marked to be
forfeited, and
also instru-
ments used in
marking.
3- Every addition to, alteration of, and imitation of any
trade mark, which is made, applied or used with intent to
defraud, or to enable any other person to defraud, or which
causes a trade mark with such alteration or addition, or
causes such imitation of a trade mark, to resemble any
genuine trade mark so or in such manner as to be calculated
or likely to deceive, shall be and be deemed to be a false,
forged and counterfeited trade mark within the meaning of
this Act; and every act of making, applying or otherwise
using, procuring, vending or delivering to another, any such
addition to or alteration of a trade mark or any such imita-
tion of a trade mark as aforesaid, done by any person with
intent to defraud, or to enable any other person to defraud,
shall be and be deemed to be forging and counterfeiting a
trade mark within the meaning of this Act; and every act
of making, applying, using, procuring, vending or deliver-
ing to another, or having in possession any forged or coun-
terfeited trade mark, or any trade mark without the author-
ity of the owner of such trade mark, or of some person by
him authorized to use or apply the same, or other lawful
and sufficient excuse, shall be primá facie evidence of an in-
tent to defraud, or to enable another person to defraud, and
shall be deemed to be forging and counterfeiting such trade
mark, within the meaning of this Act. 35 W., c. 32, s. 5.
4- Every one who, with intent to defraud, or to enable
another to defraud any person,<
(a) Forges or counterfeits, or causes or procures to be
forged or counterfeited, any trade mark, or applies, or causes
or procures to be applied, any trade mark, or any forged or
counterfeited trade mark, to any chattel or article, not being
the manufacture, workmanship, production or merchandise
of any person denoted or intended to be denoted by such trade
mark, or denoted or intended to be denoted by such forged
or counterfeited trade mark, or not being the manufacture,
workmanship, production or merchandise of any person
whose trade mark is so forged or counterfeited, or—
(b.) Applies, or causes or procures to be applied, any trade
mark, or any forged or counterfeited trade mark, to any
chattel or article, not being the particular or peculiar des-
cription of manufacture, workmanship, production or mer-
chandise denoted, or intended to be denoted, by such trade
mark, or by such forged or counterfeited trade mark,+
Is guilty of a misdemeanor, arid shall forfeit to Her
Majesty every chattel and article belonging to him to which
he has so unlawfully applied, or caused or procured to be
applied, any such trade mark or forged or counterfeited
trade mark as aforesaid; and also every instrument in his
possession or power, and by means of which any such trade
mark, or forged or counterfeited trade mark as aforesaid, has
been so applied, and every instrument or mark in his pos-
session or power, for applying any such trade mark or
1946
1886. Fraudulent Marking of Merchandise. Chap. 166. 3
counterfeited trade mark as aforesaid; and the court before How disposed
which any such misdemeanor is tried may order such for "
feited chattels or articles as aforesaid, to be destroyed or
otherwise disposed of as such court thinks fit. 35 V., c. 32,
s. 2.
5. Every one who, with intent to defraud, or to enable Fraudulently
another to defraud any person, – $ - tººk
(a) Applies or causes or procures to be applied, any trade
mark, or any forged or counterfeited trade mark, to any cask,
bottle, stopper, cork, capsule, vessel, case, cover, wrapper,
band, reel, ticket, label or other thing in, on or with which
any chattel or article is intended to be sold, or is sold or
uttered or exposed for sale, or intended for any purpose of
trade or manufacture,
(b.) Incloses or places any chattel or article, or causes or Inclosing.
procures any chattel or article to be inclosed or placed in, tºº
upon, under or with any cask, bottle, stopper, cork, capsule, so falsely
vessel, case, cover, wrapper, band, reel, ticket, label or other ".
thing to which any trade mark has been falsely applied, or
to which any forged or counterfeited trade mark has been
applied,—
(c.) Applies or attaches or causes or procures to be applied *
or attached to any chattel or article, any case, cover, reel, j C.;
ticket or label or other thing to which any trade mark has marked to
been falsel lied, or to which any forged or counterfeited "*
alsely applied, or townlon any Iorg
trade mark has been applied, or—
(d.) Incloses, places or attaches any chattel or article, or Inclosing.
causes or procures any chattel or article to be inclosed, º
placed, or attached in, upon, under, with, or to any cask, bearing trade
bottle, stopper, vessel, case, cover, wrapper, band, reel, ...; per-
ticket, label or other thing having thereon any trade mark son.
of any other person,<
Is guilty of amisdemeanor, and shall forfeit to Her Majesty ...”.”
every such chattel and article, and also every such cask, also instru.
bottle, stopper, vessel, case, cover, wrapper, band, reel, ticket, ments use".
label or other thing as aforesaid in his possession or power,
and also every other similar cask, bottle, stopper, vessel,
case, cover, wrapper, band, reel, ticket, label or other thing
made to be used in like manner as aforesaid, and every in-
strument in his possession or power, and by means of which
any such trade mark, or forged or counterfeited trade mark
as aforesaid, has been applied, and also every instrument or
mark in his possession or power for applying any such trade
mark or forged or counterfeited trademark as aforesaid; and ºw *
the court before which any such misdemeanor is tried may "
order such forfeited articles as aforesaid, to be destroyed or
otherwise disposed of as such court thinks fit. 35 V., c. 32,
S. 3.
6. Every one who sells, utters or exposes, either for sale Selling and
or for any purpose of trade or manufacture, or causes or ºbear.
1947
4 Chap. 166. Fraudulent Marking of Merchandise. 49 WICT.
; º: , procures to be sold, uttered or exposed for sale or other pur-
rade mark, or º e º
mark wrong pose as aforesaid, any chattel or article, together with any
fully applied forged or counterfeited trade mark, which he knows to be
forged or counterfeited, or together with the trade mark of
any other person applied or used falsely or wrongfully, or
without lawful authority or excuse, knowing such trade
mark of another person to have been so applied or used as
aforesaid, e-whether any such trade mark or forged or coun-
terfeited trade mark as aforesaid, together with which any
such chattel or article is sold, uttered or exposed for sale or
other purpose as aforesaid, is in, upon, about or with such
chattel or article, or in, upon, about or with any cask, bottle,
stopper, cork, capsule, vessel, case, cover, wrapper, band,
reel, ticket, label or other thing in, upon, about or with
which such chattel or article is so sold or uttered, or exposed
Penalty. for sale or other purpose as aforesaid—shall, for every such
offence, incur a penalty not exceeding twenty dollars and
not less than two dollars, over and above the value of the
chattel or article so sold, uttered, offered or exposed for sale
or other purpose as aforesaid. 35 V., c. 32, s. 4.
Person selling 7. Whenever any person has sold, uttered or exposed for
º sale or other purpose as aforesaid, or has caused or procured
forged trade to be sold, uttered or exposed for sale or other purpose as
*...*... aforesaid, any chattel or article together with any forged or
mation when counterfeited trade mark, or together with the trade mark
* of any other person used without lawful authority or ex-
cuse as aforesaid, whether such trade mark, or such forged
or counterfeited trade mark as aforesaid, is in, upon, about or
with such chattel or article, or in, upon, about or with any
cask, bottle, stopper, cork, capsule, vessel, case, cover, wrap-
per, band, reel, ticket, label or other thing in, upon, about
or with which such chattel or article has been sold or ex-
posed for sale, such person shall be bound, upon demand in
writing delivered to him, or left for him at his last known
dwelling-house or at the place of sale or exposure for sale,
by or on the behalf of any person whose trade mark has
been so forged or counterfeited, or used without lawful
authority or excuse as aforesaid, to give to the person re-
quiring the same, or his attorney or agent, within forty-
eight hours after such demand, full information in writing
of the name and address of the person from whom he pur-
chased or obtained such chattel or article, and of the time
: #. when he obtained the same ; and any justice of the peace
tººd may, on information on oath of such demand and refusal,
hº of summon before him the person refusing, and on being satis-
fied that such demand ought to be complied with, may
Order such information to be given within a certain time
Penalty for to be appointed by him ; and any such person who refuses
º * or neglects to comply with such order shall incur a penalty
w of twenty dollars, and such refusal or neglect shall be primá
facie evidence that the person so refusing or neglecting had
* 1948 -
1886. Fraudulent Marking of Merchandise. Chap. 166, 5
full knowledge that the trade mark together with which
Such chattel or article was sold, uttered or exposed for sale
or other purpose as aforesaid, at the time of such selling,
uttering or exposing, was a forged, counterfeited and false
trade mark, or was the trade mark of a person which had
been used without lawful authority or excuse, as the case
may be. 35 W., c. 32, s. 6.
8- Every one who, with intent to defraud, or to enable Falsely .
another to defraud, sº
(a.) Puts or causes or procures to be put upon any chattel with intent
or article, or upon any cask, bottle, stopper, cork, capsule, **
vessel, case, cover, wrapper, band, reel, ticket, label or other
thing, together with which any chattel or article is intended
to be, or is sold or uttered, or exposed for sale or for any
purpose of trade or manufacture, or upon any case, frame
or other thing, in or by means of which any chattel or
article is intended to be or is exposed for sale, any false
description, statement or other indication of or respecting
, the quality, number, quantity, measure or weight of such
chattel or article or any part thereof, or of the place or
country in which such chattel or article has been made,
manufactured, bottled, put up or produced, or— -
(b.) Puts or causes or procures to be put upon any such ſº
chattel or article, cask, bottle, stopper, cork, capsule, vessel º
case, cover, wrapper, band, reel, ticket, label or thing as afore- indicating
said, any word, letter, figure, signature or mark, for the tº "...
purpose of falsely indicating such chattel or article, or the
mode of manufacturing, bottling or putting up, or produc-
ing the same, or the Ornamentation, shape or configuration
thereof, to be the subject of any existing patent, privilege
or copyright, L
Shall, for every such offence, incur a penalty not exceed-Penalty.
ing twenty dollars and not less than two dollars, over and
above the value of the chattel or article so sold or uttered,
or exposed for sale. 35 W., c. 32, s. 7.
9. Every one who sells, utters or exposes for sale or for Knºwingly
any purpose of trade or manufacture, or causes or procures ºl,
to be sold, uttered or exposed for sale or other purpose as marked or
aforesaid, any chattel or article, upon which has been, to his *
knowledge, put, or upon any cask, bottle, stopper, Vessel,
case, cover, wrapper, band, reel, ticket, label or other thing,
together with which such chattel or article is sold or uttered
or exposed for sale or other purpose as aforesaid, has been
so put, or upon any case, frame or other thing used or em-
ployed to expose or exhibit such chattel or article for sale,
has been so put, any false description, statement or other
indication of or respecting the number, quantity, measure
or weight of such chattel or article, or any part thereof, or
the place or country in which such chattel or article has
been made, manufactured or produced, shall, for every such Penalty.
1949 g
6 Chap. 166 Fraudulent Marking of Merchandise. 49 WICT.
offence” incur a penalty not exceeding twenty dollars and
not less than two dollars. 35 V., c. 32, s. 8.
;"| "... 10. The provisions of this Act shall not be construed so
eral use may as to make it any offence for any person to apply to any
be employed chattel or article, or to any cask, bottle, stopper, cork, cap-
sule, vessel, case, cover, wrapper, band, reel, ticket, label or
- . other thing, with which such chattel or article is sold, or
intended to be sold, any name, word or expression generally
used for indicating that such chattel or article is of some
particular class or description of manufacture only ; or so
as to make it any offence for any person to sell, utter or offer
or expose for sale any chattel or article to which, or to any
cask, bottle, stopper, vessel, case, cover, wrapper, band, reel,
ticket, label or other thing sold there with, any such gener-
ally used name, word or expression as aforesaid, has been
applied. 35 W., c. 32, s. 9.
#ion of II. In every indictment, pleading, proceeding and docu-
trade mark ment whatsoever, in which any trade mark is intended to
... be mentioned, it shall be sufficient to mention or state the
&c. same to be a trade mark, without further or otherwise describ-
ing such trade mark, or setting forth any copy or facsimile
thereof; and in every indictment, pleading, proceeding and
document whatsoever, in which it is intended to mention
any forged or counterfeited trade mark, it shall be sufficient
to mention or state the same to be a forged or counterfeited
trade mark, without further or otherwise describing such
forged or counterfeited trade mark, or setting forth any copy
or facsimile thereof. 35 V., c. 32, s. 10.
ñº. 12. The provisions in this Act contained, concerning any
affected. act or any proceeding, judgment or conviction for any act
hereby declared to be a misdemeanor or offence, shall not
take away, diminish or prejudicially affect any suit, process,
proceeding, right or remedy which any person, aggrieved by
such act, may be entitled to at law, in equity or otherwise,
—and shall not exempt or excuse any person from answer-
ing or making discovery upon examination as a witness, or
upon interrogatories, or otherwise, in any suit or other civil
Compulsory, proceeding; but no evidence, statement or discovery, which
i..."; any person is so compelled to give or make, shall be admis-
prosecution of sible in evidence against such person in support of any
º' indictment for a misdemeanor at common law or otherwise,
s & & e gº tº & *
or of any proceeding under the provisions of this Act. 35 W.,
c. 32, s. 11. -
Indictment 13. In every indictment, information, conviction, pleading
Stating intent S->
to defiand "" and proceeding against any person for any misdemeanor or
flººm. other offence against the provisions of this Act, in which it
cient. is necessary to allege or mention an intent to defraud, or to
enable another to defraud, it shall be sufficient to allege or
1950
1886. Fraudulent Marking of Merchandise Chap. 166. 7
mention that the person accused of having done any act
which is hereby made a misdemeanor or other offence, did
such act with intent to defraud, or with intent to enable
some other person to defraud, without alleging or mention-
ing any intent to defraud any particular person; and on the §. **
trial of any such indictment or information for any such . º
misdemeanor, and on the hearing of any information or lºbe
charge of or for any such other offence as aforesaid, and on *
the trial of any action against any person to recover a pen-
alty for any such other offence as aforesaid, it shall not be
necessary to prove an intent to defraud any particular per-
son, or an intent to enable any particular person to defraud
any particular person, but it shall be sufficient to prove with
respect to every such misdemeanor or offence that the person
accused did the act charged with intent to defraud, or with
intent to enable some other person to defraud, or with the
intent that any other person might be enabled to defraud.
35 W., c. 32, s. 12.
14. Every one who is convicted or found guilty of any Punishment
tº º e º * * * for misde-
offence which is, by this Act, made a misdemeanor, is liable jnder
to a fine, in the discretion of the court, or to two years' im- this Act
prisonment, or to both, and also to imprisonment until the
fine is paid. 35 V., c. 32, s. 14.
15. Every pecuniary penalty imposed by this Act may iº of
be recovered in an action of debt, which any person may, ” ties.
as plaintiff for and on behalf of Her Majesty, commence and
prosecute to judgment in any court of record, and the amount
of every such penalty recovered in any such action, shall or
may be determined by the jury, if any, sworn to try the issue
in such action, and if there is no such jury, then by the
court or some other jury, as the court thinks fit; or such
penalty may be recovered by a summary proceeding, before Recovery in a
two justices of the peace having jurisdiction in the county .
or place where the offender resides or has any place of busi-
ness, or in the county or place in which the offence has been
committed, and under the provisions of the “Act respecting
summary proceedings before Justices of the Peace.” 35 W.,
C. 32, ss. 15 and 16.
1%. Whenever judgment is obtained in any such action ºlis,
as aforesaid, for the amount of any such penalty, the amount ...
thereof shall be paid by the defendant to the sheriff or the
officer of the court, who shall account for the same in like
manner as other moneys payable to Her Majesty,+-and if it
is not paid, may be recovered, or the amount thereof levied,
Or the payment thereof enforced by execution or other proper
proceeding, as money due to Her Majesty; and the plaintiff,
suing on behalf of Her Majesty, upon obtaining judgment, Costs.
shall be entitled to recovér and have execution for all his
costs of suit, which shall include a full indemnity for all
1951
Chap. 166. Fraudulent Marking of Merchandise. 49 WICT.
As to defend-
ant's costs if
he obtains
judgment.
In certain
cases plaintiff
may be re-
quired to give
security for
COStS.
Time for com-
mencing
action
limited.
Contract to
sell article
bearfng trade
mark to imply
that the same
is genuine.
costs and charges which he has expended or incurred in,
about or for the purposes of the action, unless the court or a
judge thereof directs that costs of the Ordinary amount only
shall be allowed. 35 V., c. 32, s. 17.
17. In every action under the provisions of this Act,
which any person commences as plaintiff, for or on behalf
of Her Majesty, for recovering any penalty, if the defendant
obtains judgment, he shall be entitled to recover his costs
of suit, which shall include a full indemnity for all the
costs, charges and expenses by him expended or incurred
in, about or for the purposes of the action, unless the court
or a judge thereof directs that costs of the ordinary amount
only shall be allowed. 35 V., c. 32, s. 23.
18. In any action under the provisions of this Act, which
any person commences as plaintiff, for or on behalf of Her
Majesty, for recovering any penalty, if it is shown to the
satisfaction of the court or a judge thereof that the person
suing as plaintiff for or on behalf of Her Majesty, has no
ground for alleging that he has been aggrieved by the com-
mitting of the alleged offence, in respect of which the penalty
is alleged to have become payable, and also that the person
so suing as plaintiff is not resident within the jurisdiction
of the court, or is not a person of sufficient property to be
able to pay any costs which the defendant may recover in
the action, the court or judge may order that the plaintiff
shall give security, by the bond or recognizance of himself
and a surety or by the deposit of a sum of money or other-
wise, as the court or judge thinks fit, for the payment to the
defendant of any costs which he is entitled to recover in
the action, 35 W., c. 32, s. 24.
19. No person shall commence any action or proceeding
for the recovery of any penalty, or for procuring the convic-
tion of any offender in manner hereinbefore provided, after
the expiration of three years next after the committing of
the offence, or one year next after the first discovery thereof
by the person proceeding. 35 W., c. 32, s. 18.
20. Whenever any person sells or contracts to sell,
whether by writing or not, to any other person, any chattel
or article, with any trade mark thereon, or upon any cask,
bottle, stopper, cork, capsule, vessel, case, cover, wrapper,
band, reel, ticket, label or other thing, together with which
such chattel or article is sold or contracted to be sold, the
sale or contract to sell shall in every such case be deemed
to have been made with a warranty or contract by the
vendor to or with the vendee, that every trade mark upon
such chattel or article, or upon any such cask, bottle, stopper,
vessel, case, cover, wrapper, band, reel, ticket, label or other
thing as aforesaid, was genuine and true, and not forged or
1952
1886. Fraudulent Marking of Merchandise. Chap. 166. - 9
counterfeit, and not wrongfully used, unless the contrary is
expressed in some writing signed by or on behalf of the
vendor and delivered to and accepted by the vendee. 35 W.,
c. 32, s. 19.
21. Whenever any person sells or contracts to sell, whether gº
by writing or not, to any other person, any chattel or article tº.
upon which, or upon any cask, bottle, stopper, cork, capsule, gial designa-
vessel, case, cover, wrapper, band, reel, ticket, label or other º
thing, together with which such chattel is sold, or contracted imply that the
to be sold, there is any description, statement or other indi- i.
cation of or respecting the number, quality, quantity, mea-
sure or weight of such chattel or article, or the place or
country in which such chattel or article has been made,
manufactured, bottled or put up, or produced, the sale or
contract to sell shall, in every such case, be deemed to have
been made with a warranty or contract by the vendor to or
with the vendee, that no such description, statement or other
indication was in any material respect false or untrue, unless
the contrary is expressed in some writing signed by or on
behalf of the vendor and delivered to and accepted by the
vendee. 35 W., c. 32, s. 20.
22. In every case, in any suit or action against any person Court may
for forging or counterfeiting any trade mark, or for fraudu- sº
lently applying any trade mark to any chattel or article, or marked tº be
for selling, exposing for sale or uttering any chattel or article j.
with any trade mark falsely or wrongfully applied thereto, posed of.
or with any forged or counterfeit trade mark applied thereto,
or for preventing the repetition or continuance of any such
wrongful act, or the commission of any similar act, in which
the plaintiff obtains a judgment or decree against the de-
fendant, the court shall have power to direct every such
chattel and article to be destroyed or otherwise disposed
of ; and in every such suit in a court of law, the court may, And nº
upon giving judgment for the plaintiff, award a writ or ºl." C-
writs of injunction to the defendant, commanding him to fendant.
forbear from committing, and not, by himself or otherwise,
to repeat or commit any offence or wrongful act of the like
nature as that of which he has been convicted by such
judgment, and any disobedience of any such writ or writs
of injunction shall be punished as a contempt of court; and ºy
in every such suit or action the court, or a judge thereof, .º.
may make such order as such court or judge thinks fit, facture or pro-
for the inspection of every or any manufacture or process ...”
carried on by the defendant, in which any such forged
or counterfeit trade mark, or any such trade mark as afore-
said, is alleged to be used or applied as aforesaid, and of
every or any chattel, article and thing, in the possession or
power of the defendant, alleged to have thereon or in any
way attached thereto, any forged or counterfeit trade mark,
or any trade mark falsely or wrongfully applied, and every
1953
10
Chap. 166, Fraudulent Marking of Merchandise, 49 WICT.
Penalty for
refusing to
allow inspec-
tion.
Certain acts
specified.
- lºng trade
II].8.1 K.
Applying
forged trade
mark.
Inclosing,
&c., article in
vessel, &c., to
which mark
is falsely
applied.
Attaching
Case, &c., so
falsely
marked to
anything.
Inclosing,
&c., anything
in vessel, &c.,
bearing trade
mark of
another
person.
In such cases
action for
damages may
be maintain-
ed.
or any instrument or mark in the possession or power of
the defendant, used, or intended to be, or capable of being
used for producing or making any forged or counterfeit
trade mark, or trade mark alleged to be forged or counter-
feit, or for falsely or wrongfully applying any trade mark;
and any person who refuses or neglects to obey any such
order shall be held guilty of a contempt of court. 35 W.,
c. 32, s. 21.
23. If any person does, or causes to be done, any of the
wrongful acts following, that is to say:—
(a.) Forges or counterfeits any trade mark,-
(b.) For the purpose of sale or for the purpose of any man-
ufacture or trade, applies any forged or counterfeit trade
mark to any chattel or article, or to any cask, bottle, stopper,
cork, capsule, vessel, case, cover, wrapper, band, reel, ticket,
label or thing in or with which any chattel or article is
intended to be sold, or is sold or uttered or exposed for sale
or for any purpose of trade or manufacture,
(c.) Incloses or places any chattel or article in, upon under
or with any cask, bottle, stopper, cork, capsule, vessel, case,
cover, wrapper, band, reel, ticket, label or other thing, to
which any trade mark has been falsely applied, or to which
any forged or counterfeit trade mark has been applied,—
(d.) Applies or attaches to any chattel or article, any case,
cover, reel, wrapper, band, ticket, label or other thing to
which any trade mark has been falsely applied, or to which
any forged or counterfeit trade mark has been applied, or—
(e.) Incloses, places or attaches any chattel or article in,
upon, under, with or to any cask, bottle, stopper, cork,
capsule, vessel, case, cover, reel, wrapper, band, ticket, label
or other thing having thereon any trade mark of any other
person, L
Every person aggrieved by any such wrongful act shall be
entitled to maintain an action or suit for damages in respect
thereto, against the person guilty of having done such act,
or causing or procuring the same to be done, and for pre-
venting the repetition or continuance of the wrongful act
and the commission of any similar act. 35 W., c. 32, s 22.
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1954
CEIAPTER I67.
An Act respecting Offences relating to the Coin. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- In this Act, unless the context otherwise requires,- Interpreta-
(a) The expression “current gold or silver coin” includes ºrient
any gold or silver coined in any of Her Majesty's mints, or tº gold or sil-
gold or silver coin of any foreign prince or state, or country, “Y” ”
or other coin lawfully current, by virtue of any proclama-
tion or otherwise, in Canada, or in any other part of Her
Majesty’s dominions;
(b.) The expression “current copper coin” includes any Current
copper coin and any coin of bronze or mixed metal coined . tº:
in any of Her Majesty's mints, or lawfully current, by virtue tº
of any proclamation or otherwise, in Canada, or any other
part of Her Majesty's dominions;
(c.) The expression “copper or brass coin" includes coins Gopper or,
and tokens of bronze, or of any other mixed metal, or other "***
than gold or silver; .
(d) The expression false or counterfeit coin, resembling ºn
or apparently intended to resemble or pass for current gold tº ***
or silver coin,” or other similar expression, includes any
of the current coin which has been gilt, silvered, washed,
colored or cased over, or in any manner altered so as to
resemble or be apparently intended to resemble or pass for
any of the current coin of a higher denomination ;
(e.) The expression “current coin" includes any coin Current
coined in any of Her Majesty's mints, or lawfully current, "“”
by virtue of any proclamation or otherwise, in Canada, or
any other part of Her Majesty's dominions; and whether
made of gold, silver, copper, bronze or mixed metal. 31 W.,
c. 47, s. 10;-32-33 W., c. 18, S. 1, part.
2. Whenever the having any matter in the custody or Haying in.
possession of any person is mentioned in this Act, it shall :
include not only the having of it by himself in his per-
sonal custody or possession, but also the knowingly and
wilfully having it in the actual custody or possession of
any other person, and also the knowingly and wilfully
having it in any dwelling-house or other building, lodging,
apartment, field or other place, open or inclosed, whether


45% 1955
2 Chap. 167. Offences relating to the Coin. 49 WICT.
belonging to or occupied by himself or not, and whether
such matter is so had for his own use or benefit, or for
that of any other person. 32-33 W., c. 18, s. 1, part.
ºf 3. Every one who falsely makes or counterfeits any coin
jºer resembling or apparently intended to resemble or pass for
coin. any current gold or silver coin, is guilty of felony, and
liable to imprisonment for life. 32-33 W., c. 18, s. 2.
Coloring any 4- Every one who gilds or silvers, or with any wash or
...?" materials capable of producing the color or appearance of
inetal with in- gold or of silver, or by any means whatsoever, washes, cases.
łº, over or colors any coin whatsoever, resembling or appar-
gold of silver ently intended to resemble or pass for any current gold.
C Olſh . or silver coin, or gilds or silvers, or with any wash or ma-
terials capable of producing the color or appearance of gold
or silver, or by any means whatsoever, washes, cases over
or colors any piece of silver or copper, or of coarse gold or
coarse silver, or of any metal or mixture of metals respec-
tively, being of a fit size and figure to be coined, and with
intent that the same shall be coined into false and counter-
feit coin resembling or apparently intended to resemble or
Coloring or pass for any current gold or silver coin,_or gilds or, with.
*::::A; any wash or materials capable of producing the color and
intent tº appearance of gold, or by any means whatsoever, washes,
... ºr cases over or colors any current silver coin, or files or in
or coin of a g & &
high."väine, any manner alters such coin, with intent to make the same
resemble or pass for any current gold coin,_or gilds or
silvers or with any wash or materials capable of producing
the color or appearance of gold or silver, or by any means.
whatsoever, washes, cases over or colors any current copper
coin, or files or in any manner alters such coin with intent
to make the same resemble or pass for any current gold or
silver coin, is guilty of felony, and liable to imprisonment
for life. 32-33 W., c. 18, s. 3.
Impairing the 5- Every one who impairs, diminishes or lightens any
3. * * current gold or silver coin, with intent that the coin so
º impaired, diminished, or lightened may pass for current
gold or silver coin is guilty of felony, and liable to fourteen
years' imprisonment. 32-33 W., c. 18, s. 4.
ºper 6. Every one who unlawfully has in his custody or posses-
SèSSIOIn O .* e º e tº - s •
#...in sion any filings or clippings, or any gold or silver bullion,
pings of gold or any gold or silver in dust, solution or otherwise, which
* * * have been produced or obtained by impairing, diminishing
or lightening any current gold or silver coin, knowing the
same to have been so produced or obtained, is guilty of
felony, and liable to seven years' imprisonment. 32-33 W.,
c. 18, s. 5.
º: 7. Every one who, without lawful authority or excuse,
Q., & C. "e • º the proof whereof shall lie º him, buys, sells, receives, pays.
56
Sęlllll ...” -
1886. t Offences relating to the Coin. Chap. 167. 3
or puts off, or offers to buy, sell, receive, pay or put off, any gold ºr silver
false or counterfeit coin, resembling or apparently intended º:
to resemble or pass for any current gold or silver coin, at or denomina-
for a lower rate or value than the same imports, or was ap-" "
parently intended to import, is guilty of felony, and liable
to imprisonment for life. 32-33 W., c. 18, s. 6, part.
8. Every one who, without lawful authority or excuse, Importing
the proof whereof shall lie on him, imports or receives into ...”
Canada any false or counterfeit coin, resembling or appa-
rently intended to resemble or pass for any current gold or
silver coin, knowing the same to be false or counterfeit, is
guilty of felony, and liable to imprisonment for life. 32-33 W.,
c. 18, s. 7.
9. Every one who, without, lawful authority or excuse, ºi,
the proof whereof shall lie on him, exports or puts on board ºterie
any ship, Vessel or boat, or on any railway or carriage or
vehicle of any description whatsoever, for the purpose of
being exported from Canada, any false or counterfeit coin,
resembling or apparently intended to resemble or pass for
any current coin, or for any foreign coin of any prince,
country or state, knowing the same to be false or counterfeit,
is guilty of a misdemeanor, and liable to imprisonment for
any term less than two years. 32-33 W., c. 18, s. 8.
10. Every one who tenders, utters or puts off, any false Uttering,
or counterfeit coin, resembling or apparently intended to re- ºr
semble or pass for any current gold or silver coin, knowing coin.
the same to be false or counterfeit, is guilty of a misdemea-
mor, and liable to fourteen years' imprisonment. 32-33 W.,
c. 18, s. 9.
11. Every one who tenders, utters or puts off as being Pºing light
g & º e © gold or silver.
current, any gold or silver coin of less than its lawful weight, i.
knowing such coin to have been impaired, diminished or
lightened, otherwise than by lawful wear, is guilty of a mis-
demeanor, and liable to one year's imprisonment. 32-33 W.,
c. 18, s. 10.
13. Every one who has in his custody or possession any ; ..".
false or counterfeit coin, resembling or apparently intended jīvi, §. in
to resemble or pass for any current gold or silver coin, know- possession,
* - * * º wº * &c.
ing the same to be false or counterfeit coin, and with intent
to utter or put off any such false or counterfeit coin, is guilty
of a misdemeanor, and liable to three years' imprisonment.
32-33 W., c. 18, s. 11.
13- Every one who, having been convicted of any such Subsequent
misdemeanor as in any of the three sections next preceding ºte: 8.
mentioned, or of any misdemeanor or felony against this or conviction.
any other Act relating to the coin, afterwards commits any
453% 1957
4
Chap. 167. Offences relating to the Coim. 49 WICT.
Ottering
foreign coin,
xmedals, &c.,
as Current
coin, with in-
tent to de-
fraud.
Counterfeit-
ing, &c., cop-
per coln ; or
buying or
.#. it for
less than its
denomination
imports, &c.
"Uttering base
lºopper coin.
befacing the
coin by stamp-
ing words
thereon.
Uttering coin
so defaced.
of the misdemeanors in any of the said sections mentioned,
is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 18, s. 12.
14. Every one who, with intent to defraud, tenders, utters
or puts off, as or for any current gold or silver coin, any coin
not being such current gold or silver coin, or any medal, or
piece of metal or mixed metals, resembling, in size, figure
and color, the current coin as or for which the same is so
tendered, uttered or put off, such coin, medal or piece of
metal or mixed metals so tendered, uttered or put off, being
of less value than the current coin as or for which the same
is so tendered, uttered or put off, is guilty of a misdemeanor,
and liable to one year's imprisonment. 32-33 W., c. 18, s. 13.
15. Every one who falsely makes or counterfeits any coin
resembling or apparently intended to resemble or pass for
any current copper coin, or without lawful authority or ex-
cuse, the proof of which shall lie on him, knowingly makes
or mends, or begins or proceeds to make or mend, or buys
or sells, or has in his custody or possession, any instrument,
tool or engine adapted and intended for the counterfeiting
any current copper coin, or buys, sells, receives, pays or puts
off, or offers to buy, sell, receive, pay or put off, any false or
counterfeit coin, resembling or apparently intended to re-
semble or pass for any current copper coin, at or for a lower
rate of value than the same imports or was apparently in-
tended to import, is guilty of felony, and liable to seven
years' imprisonment, 32-33 W., c. 18, s. 14.
16. Every one who tenders, utters or puts off any false or
counterfeit coin, resembling or apparently intended to re-
semble or pass for any current copper coin, knowing the
same to be false or counterfeit, or has in his custody or
possession three or more pieces of false or counterfeit coin,
resembling or apparently intended to resemble or pass for
any current copper coin, knowing the same to be false or
counterfeit, with an intent to utter or put off the same, or
any of them, is guilty of a misdemeanor, and liable to one
year's imprisonment. 32-33 W., c. 18, s. 15.
17. Every one who defaces any current gold, silver or
copper coin, by stamping thereon any names or words,
whether such coin is or is not thereby diminished or light-
ened, and afterwards tenders the same, is guilty of a mis-
demeanor, and liable to one year's imprisonment, 32-33 W.,
c. 18, s. 16.
18. Every one who tenders, utters or puts off any coin so
defaced, shall, on summary conviction before two justices of
the peace, be liable to a penalty not exceeding ten dollars;
but no person shall proceed for any such last mentioned
- 1958
1886. Offences relating to the Coin. Chap. 167. 5
penalty without the consent of the Attorney General for the
Province in which such offence is alleged to have been com-
mitted. 32-33 W., c. 18, s. 17, part.
19. Every one who makes or counterfeits any kind of Counterfeit-
coin not being current gold or silver coin, but resembling or º
apparently intended to resemble or pass for any gold or silver silyer coin,
coin of any foreign prince, state or country, is guilty of ºi.
felony, and liable to seven years' imprisonment, 32-33 W.,
e. 18, s. 18.
20. Every one who, without lawful authority or excuse, Bringing such
• - ge * & g g counterfeit
the proof whereof shall lie on him, brings or receives into j
Canada any such false or counterfeit coin, resembling or Canada.
apparently intended to resemble or pass for any gold or
silver coin of any foreign prince, state or country, not being
current coin, knowing the same to be false or counterfeit,
is guilty of felony, and liable to seven years' imprisonment.
32-33 W., c. 18, s. 19.
21- Every one who tenders, utters or puts off any such Penalty for
false or counterfeit coin, resembling or apparently intended ...”
to resemble or pass for any gold or silver coin of any foreign foreign coin.
prince, state or country, not being current coin, knowing
the same to be false or counterfeit, is guilty of a misde-
meanor, and liable to six months' imprisonment:
2. Every one who, having been convicted of any such Second
offence, afterwards commits the like offence of tendering, *.
uttering or putting off any such false or counterfeit coin, as
aforesaid, knowing the same to be false or counterfeit, is
guilty of a misdemeanor, and liable to imprisonment for
any term less than two years:
3. Every one who, having been twice convicted of any Subsequent
such offence, afterwards commits the like offence of tender- *
ing, uttering or putting off any such false or counterfeit
coin, as aforesaid, knowing the same to be false or counter-
feit, is guilty of felony, and liable to seven years' imprison-
ment. 32-33 W., c. 18, ss. 20 and 21.
**. Every one who, without lawful authority or excuse, Having such
the proof whereof shall lie on him, has in his possession or ... *
l OI W O * S p SGSSIOI) .
custody any forged, false or counterfeit piece or coin, coun-
terfeited to resemble any foreign gold or silver coin described
in the three sections next preceding, knowing the same to
be false or counterfeit, with intent to put off any such false
or counterfeit coin, is guilty of a misdemeanor, and liable
to three years' imprisonment. 32-33 W., c. 18, s. 22.
28. Every one who falsely makes or counterfeits any kind ºr
of coin, not being current coin, but resembling or apparently coin, other
intended to resemble or pass for any copper coin, or any ºt
other coin made of any metal or mixed metals, of less value " ' tº
1959
6 Chap. 167. Offences relating to the Coin. 49 WICT.
than the silver coin of any foreign prince, state or country,
is guilty of a misdemeanor, and liable, for the first offence,
to one year's imprisonment ; and for any subsequent offence,
to seven years' imprisonment. 32-33 W., c. 18, s. 23.
Persons 24. Every one who, without lawful authority or excuse,
who— the proof whereof shall lie on him, L
Make, mend (a.) Knowingly makes or mends, or begins or proceeds
or have unlaw- [º
§º to make or mend, or buys or sells, or has in his custody or
sion of any, possession any puncheon, counter puncheon, matrix, stamp,
*** * die, pattern or mould, in or upon which there is made or
impressed, or which will make or impress, or which is
adapted and intended to make or impress the figure, stamp
or apparent resemblance of both or either of the sides of any
current gold or silver coin, or of any coin of any foreign
prince, state or country, or any part or parts of both or either
of such sides,
Or any edging (b.) Makes or mends, or begins or proceeds to make or
*** mend or buys or sells, or has in his custody or possession any
edger, edging or other tool, collar, instrument or engine
adapted and intended for the marking of coin round the
edges with letters, grainings, or other marks or figures, ap-
parently resembling those on the edges of any such coin as
in this section aforesaid, knowing the same to be so adapted
and intended as aforesaid, or—
Or any coin- (c.) Makes or mends or begins or proceeds to make or
...” mend, or buys or sells, or has in his custody or possession,
engine. any press for coinage, or any cutting engine for cutting by
c - 8-> c e tº,
force of a screw or of any other contrivance, round blanks
out of gold, silver or other metal or mixture of metals, or
any other machine, knowing such press to be a press for
coinage, or knowing such engine or machine to have been
used or to be intended to be used for or in order to the false
making or counterfeiting of any such coin as in this section
aforesaid, ſº
Punishment. Is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 18, s. 24.
Conveying 25. Every one who, without lawful authority or excuse,
: ; OT the proof whereof shall lie on him, knowingly conveys out
ºf out of of any of Her Majesty's mints into Canada, any puncheon,
º º . counter puncheon, matrix, stamp, die, pattern, mould, edger,
* edging or other tool, collar, instrument, press or engine,
used or employed in or about the coining of coin, or any
useful part of any of the several articles aforesaid, or any
coin, bullion, metal or mixture of metals, is guilty of felony
and liable to imprisonment for life. 32-33 W., c. 18, s. 25.
Coin sus- 26. If any coin is tendered as current gold or silver coin
... "... to any person who suspects the same to be diminished
counterfeit otherwise than by reasonable wearing, or to be counterfeit,
may be cut such person may cut, break, bend or deface such coin, and
1960
1886. Offences relating to the Coin. - Chap. 167.
7
if any coin so cut, broken, bent or defaced appears to be
diminished otherwise than by reasonable wearing, or to be
counterfeit, the person tendering the same shall bear the
Who shall
bear the loss.
loss thereof; but if the same is of due weight, and appears
to be lawful coin, the person cutting, breaking, bending or
defacing the same, shall be bound to receive the same at
the rate for which it was coined :
2. If any dispute arises whether the coin so cut, broken,
bent or defaced, is diminished in manner aforesaid, or
counterfeit, it shall be heard and finally determined in a
summary manner by any justice of the peace, who may
examine, upon oath, the parties as well as any other person,
'for the purpose of deciding such dispute, and if he enter-
tains any doubt in that behalf, he may summon three per-
sons, the decision of a majority of whom shall be final :
3. Every officer employed in the collection of the revenue
in Canada shall cut, break or deface, or cause to be cut,
broken or defaced, every piece of counterfeit or unlawfully
Disputes, how
decided.
Revenue offi-
cers to destroy
such coin.
diminished gold or silver coin which is tendered to him in
payment of any part of such revenue in Canada. 32-33 W.,
c. 18, s. 26.
27. Every offence of falsely making or counterfeiting any
coin, or of buying, selling, receiving, paying, tendering,
uttering or putting off, or of offering to buy, sell, receive, pay,
utter or put off, any false or counterfeit coin, against the
provisions of this Act, shall be deemed to be complete,
although the coin so made or counterfeited, or bought, sold,
received, paid, tendered, uttered or put off, or offered to be
bought, sold, received, paid, tendered, uttered or put off.
was not in a fit state to be uttered, or the counterfeiting
º 4T) D
thereof was not finished or perfected. 32-33 W., c. 18, s. 32.
MANUFACTURE AND IMPORTATION OF UNCURRENT
COPPER, COIN.
28. Every one who manufactures in Canada any copper
or brass coin, or imports into Canada any copper or brass
coin, other than current copper coin, with the intention of
putting the same into circulation as current copper coin,
shall, on summary conviction, be liable to a penalty not
exceeding twenty dollars for every pound Troy of the
weight thereof; and all such copper or brass coin so manu-
factured or imported shall be forfeited to Her Majesty, for
the public uses of Canada. 31 W., c. 47, ss, 1 and 2.
29- Any two or more justices of the peace, on the oath of
a credible person, that any copper or brass coin has been un-
lawfully manufactured or imported, shall cause the same
to be seized and detained, and shall summon the person
in whose possession the same is found, to appear before
them ; and if it appears to their satisfaction, on the oath o
When the
offence of
counterfeit—
ing shall be
deemed to be
complete.
Unlawful
manufacture
or importa-
tion of copper
CO lll .
Seizure of
such coin.
f Forfeiture on
proof.
1961
Chap. 167, Offences relating to the Coin. 49 WICT.
When the
penalty shall
be enforced.
Recovery
from the
owner in cer-
tain cases.
Officer of cus-
toms ma
seize suc
coin.
Uttering un-
lawful copper
coin. -
Recovery of
penalty.
a credible witness, other than the informer, that such cop-
per or brass coin has been manufactured or imported in
violation of this Act, such justice shall declare the same
forfeited, and shall place the same in safe keeping to await
the disposal of the Governor General, for the public uses of
Canada. 31 W., c. 47, s. 3. -
30- If it appears, to the satisfaction of such justices, that
the person in whose possession such copper or brass coin
was found, knew the same to have been so unlawfully manu-
factured or imported, they may condemn him to pay the
penalty aforesaid with costs, and may cause him to be
imprisoned for a term not exceeding two months, if such
penalty and costs are not forthwith paid. 31 W., c. 47, s. 4.
31- If it appears, to the satisfaction of such justices, that
the person in whose possession such copper or brass coin
was found was not aware of it having been so unlawfully
manufactured or imported, the penalty may, on the oath of
any one credible witness, other than the plaintiff, be recover-
ed, from the owner thereof, by any person who sues for the
same in any court of competent jurisdiction. 31 W., c. 47, s. 5.
32. Any officer of Her Majesty's customs may seize any
copper or brass coin imported or attempted to be imported
into Canada in violation of this Act, and may detain the
same as forfeited, to await the disposal of the Governor
General, for the public uses of Canada. 31 W., c. 47, s. 6.
38. Every one who utters, tenders or offers in payment
any copper or brass coin, other than current copper coin,
shall forfeit double the nominal value thereof:
2. Such penalty may be recovered, with costs, in a sum-
mary manner, on the oath of one credible witness, other
than the informer, before any justice of the peace, who, if
such penalty and costs are not forthwith paid, may cause
the offender to be imprisoned for a term not exceeding eight
days. 31 W., c. 47, ss. 7 and 8. º
34- A moiety of any of the penalties imposed by any of
the five sections next preceding, but not the copper or brass
coins forfeited under the provisions thereof, shall belong to
the informer or person who sues for the same, and the other
moiety shall belong to Her Majesty, for the public uses of
Canada. 31 W., c. 47, s. 9.
Application of
penalties.
OTTAWA : Printed by BRowN CHAMBERLIN, Law. Printer to the Queen's Most.
Excellent Majesty.
1962
º º §§§E. 3. º
jººse
Kºś
CHAPTER 168.
An Act respecting Malicious Injuries to Property. A. D 1886.
|HER Majesty, by and with the advice and consent of the
4. Senate and House of Commons of Canada, enacts as
follows:—
I. In this Act, unless the context otherwise requires, the Interpreta-
expression “cattle '' includes any horse, mule, ass, swine, º le.’”
sheep, or goat, as well as any meat cattle or animal of the "“
bovine species, and whatever is the age or sex of the animal,
and whether castrated or not, and by whatever technical or
trivial name it is known, and shall apply to one animal as
well as to many. 32-33 W., c. 22, s. 44;-40 W., c. 29, s. 2.
INJURIES BY FIRE TO BUILDINGS AND GOODS THEREIN.
2. Every one who unlawfully and maliciously sets fire Setting fire to
to any church, chapel, meeting-house or other place of divine jº: C.
worship, is guilty of felony and liable to imprisonment for -
life. 32-33 W., c. 22, s. 1. -
3. Every one who unlawfully and maliciously sets fire to jºº
any dwelling-house, any person being therein, is guilty of .;
felony, and liable to imprisonment for life. 32-33 W., c. 22, hº being
S. 2. €rell] .
4. Every one who unlawfully and maliciously sets fire Setting fire to
to any house, stable, coach-house, out-house, warehouse, tº:
office, shop, mill, malt-house, hop-oast, barn, storehouse, factory, farm
granary, hovel, shed or fold, or to any farm building, or to "**
any building or erection used in farming land, or in carry-
ing on any trade or manufacture or any branch thereof,
whether the same is then in the possession of the offender,
or in the possession of any other person, with the intent
thereby to injure or defraud any person, is guilty of felony,
and liable to imprisonment for life. 32-33 W., c. 22, s. 3 ;-
35 W., c. 34, s. 1. -
5. Every one who unlawfully and maliciously sets fire Setting fire to
to any station, engine-house, warehouse or other building, ...
belonging or appertaining to any railway, port, dock or y -v v -
harbor, or to any canal or other navigable Water, is guilty
of felony, and liable to imprisonment for life. 32-33 W.,
c. 22, s. 4.







1963
*/
4)
Chap. 168. Malicious Injuries to Property. 49 WICT.
Setting fire to
any of Her
. Majesty's
dock-yards,
ships, &c.
Setting fire to
any public
building.
Setting fire to
other build-
Ings.
Setting fire to
anything in
any building,
the setting
fire to which
is felony.
6- Every one who unlawfully and maliciously sets on
fire or burns, or otherwise destroys or causes to be set on
fire or burnt, or otherwise destroyed, any of Her Majesty's
ships or vessels of war, whether afloat or building, or begun
to be built in any of Her Majesty's dock-yards, or building
or repairing by contract in any private yard, for the use of
Her Majesty,+or any of Her Majesty's arsenals, magazines,
dock-yards, rope-yards, victualling offices, or any of the build-
ings erected therein or belonging thereto, or any timber or
material there placed for building, repairing or fitting out
of ships or vessels, or any of Her Majesty's military, naval
or victualling stores or other ammunition of war, or any
place or places where any such military, naval, or victual-
ling stores, or other ammunition of war, are kept, placed or
deposited, is guilty of felony, and liable to imprisonment
for life. 32-33 W., c. 22, s. 5. # g
7. Every one who unlawfully and maliciously sets fire
to any building, other than such as are in this Act before
mentioned, belonging to Her Majesty or to any county, rid-
ing, division, city, town, village, parish or place, or belong-
ing to any university or college, or hall of any university, or
to any corporation, or to any unincorporated body or Society
of persons, associated together for any lawful purpose, or
devoted or dedicated to public use or ornament, or erected or
maintained by public subscription or contribution, is guilty
of felony, and liable to imprisonment for life. 32-33 W., c. 22,
s. 6.
8. Every one who unlawfully and maliciously sets fire
to any building other than such as are in this Act before
mentioned, is guilty of felony, and liable to fourteen years'
imprisonment, 32-33 W., c. 22, s. 7.
9. Every one who unlawfully and maliciously sets fire
to any matter or thing, being in, against or under any build-
ing, under such circumstances that, if the building were .
thereby set fire to, the offence would amount to felony, is
guilty of felony, and liable to fourteen years' imprisonment.
32-33 W., c. 22, s. 8.
Attempting to
set on fire.
Setting fire
by negligence
to any forest,
tree, lumber,
&c.
19. Every one who, unlawfully and maliciously, by any
overt act, attempts to set fire to any building, or any matter
or thing in the next preceding section mentioned, under such
circumstances that if the same were thereby set fire to the
offender would be guilty of felony, is guilty of felony, and
liable to fourteen years' imprisonment. 32-33 W., c. 22, s. 12.
11- Every one who, by such negligence as shows him to
be reckless or wantonly regardless of consequences, or in
violation of a municipal law of the locality, sets fire to
any forest, tree, manufactured lumber, square timber, logs
1964
1886 Malicious Injuries to Property. • ' Chap. 168. -3
or floats, boom, dam or slide on the Crown domain, or land
leased or lawfully held for the purpose of cutting timber,
or on private property, on any Creek or river, or rollway,
beach or wharf, so that the same is injured or destroyed, is
guilty of a misdemeanor, and liable to two years' imprison-
ment : - &
2. If, in the opinion of the magistrate investigating any In certain,
charge under this section, the consequences have not been ..."
serious, he may, in his discretion, dispose of the matter sum- impose Fine,
marily, without sending the offender for trial, by imposing ſº.”
a fine not exceeding fifty dollars, or in default of payment, iai.
by the committal of the offender to prison for any term not
exceeding six months, with or without hard labor. 32-33 W.,
C. 22, ss. 9 and 10. -
12. Every one who unlawfully and maliciously sets fire Setting fire
to any forest, tree, manufactured lumber, square timber, º to
logs or floats, boom, dam or slide on the Crown domain, or tree, fumber,
on land leased or lawfully held for the purpose of cutting *.
timber, or on private property, or on any creek, river, roll-
way, beach or wharf, so that the same is injured or destroyed,
is guilty of felony, and liable to fourteen years' imprison-
ment 32-33 W., c. 22, s. 11.
INJURIES BY EXPLOSIVE SUBSTANCEs.
13. Every one who, unlawfully and maliciously, by the pestroying,
explosion of gunpowder or other explosive substance, de- :*
stroys, throws down or damages the whole or any part of powder, &c.,
any dwelling-house, any person being therein, or of any ...in.
building, whereby the life of any person is endangered, `"
is guilty of felony, and liable to imprisonment for life.
32-33 W., c. 22, s. 13.
14- Every one who unlawfully and maliciously places Attempting to
or throws in, into, upon, under, against or near any build- º
ing, any gunpowder or other explosive substance, with gunpowder,
intent to destroy or damage any building, or any engine, ma- &c.
Chinery, working tools, fixtures, goods or chattels, whether
or not any explosion takes place, and whether or not any
damage is caused, is guilty of felony, and liable to fourteen
years' imprisonment. 32-33 W., c. 22, s. 14.
INJURIES TO BUILDINGS BY TENANTs.
15. Every one who, being possessed of any dwelling- .
house or other building, or part of any dwelling-house or maliciously
other building, held for any term of years or other less ºne
* iº & \{*IYR.
term, or at will, or held over after the termination of any ”
tenancy, unlawfully and maliciously pulls down or demo-
lishes, or unlawfully and maliciously begins to pull down
or demolish the same or any part thereof, or unlawfully and
maliciously pulls down or severs from the freehold any fix-
1965
Chap. 168. Malicious Injuries to Property. 49 WICT.
Destroying
goods in pro-
cess of manu-
facture.
Or certain
machinery
used in such
manufac-
tures.
Destroying
machines in
other manu-
factures,
thrashing
machines, &c.
Setting fire to
crops of hay,
corn, &c.
ture fixed in or to such dwelling-house or building, or part
of such dwelling house or building, is guilty of a misde-
meanor. 32-33 W., c. 22, s. 17.
INJURIES TO MANUFACTURES, MACHINElèY, ETC!.
R6. Every one who unlawfully and maliciously cuts,
breaks or destroys, or damages, with intent to destroy or to
render useless, any goods or article of silk, woollen, linen,
cotton, hair, mohair or alpaca, or of any one or more of
those materials mixed with each other, or mixed with any
other material, or any framework-knitted piece, stocking,
hose or lace, being in the loom or frame, or on any machine
or engine, or on the rack or tenters, or in any stage, process
or progress of manufacture, or unlawfully and maliciously
cuts, breaks, or destroys or damages with intent to destroy
or render useless, any warp or shute of silk, woollen, linen,
cotton, hair, mohair or alpaca, or of any one or more of
those materials mixed with each other, or mixed with any
other material,—or unlawfully and maliciously cuts, breaks
or destroys, or damages with intent to destroy or render
useless, any loom, frame, machine, engine, rack, tackle, tool
or implement, whether fixed or movable, prepared for or
employed in carding, spinning, throwing, weaving, fulling,
shearing or otherwise manufacturing or preparing any such
goods or articles, or by force enters into any house, shop,
building or place, with intent to commit any of the offences
in this section mentioned, is guilty of felony, and liable to
imprisonment for life. 32-33 W., c. 22, s. 18.
17. Every one who unlawfully and maliciously cuts,
breaks or destroys, or damages with intent to destroy or
render useless, any machine or engine, whether fixed or
movable, used or intended to be used for sowing, reaping,
mowing, thrashing, ploughing or draining, or for perform-
ing any other agricultural operation, or any machine or
engine, or any tool or implement whether fixed or movable,
prepared for or employed in any manufacture whatsoever
except the manufacture of silk, Woollen, linen, cotton, hair,
mohair or alpaca goods, or goods of any one or more of those
materials mixed with each other, or mixed with any other
material, or any framework-knitted piece, stocking, hose or
łace, is guilty of felony, and liable to seven years' imprison-
ment. 32-33 W., c. 22, s. 19.
INJURY TO CORN, TREES AND VEGETABLE PRODUCTIONS.
18- Every one who unlawfully and maliciously sets fire
to any crop of hay, grass, corn, grain or pulse, or of any cul-
tivated vegetable produce, whether standing or cut down,
or to any part of any wood, coppice or plantation of trees,
or to any heath, gorse, furze or fern, wheresoever the same is
1966
1886. Malicious Injuries to Property. Chap. 168. 5
growing, is guilty of felony, and liable to fourteen years'
imprisonment. 32-33 W., c. 22, s. 20.
19. Every one who unlawfully and maliciously sets fire Setting fire to
to any stack of corn, grain, pulse, tares, hay, straw, haulm or º:
stubble, or of any cultivated vegetable produce, or of furze, " `
gorse, heath, fern, turf, peat, coals, charcoal, wood or bark,
or to any stere or pile of wood or bark, is guilty of felony,
and liable to imprisonment for life. 32-33 W., c. 22, s. 21.
20. Every one who unlawfully and maliciously, by any Attempting
overt act, attempts to set fire to any matter or thing men- º: ğ.
tioned in either of the two sections next preceding, under stacks of corn,
such circumstances that if the same were thereby set fire *ſ, *.
to, the offender would be, under either of such sections,
guilty of felony, is guilty of felony, and liable to seven
years' imprisonment. 32-33 W., c. 22, s. 22.
21. Every one who unlawfully and maliciously cuts or Destroying
otherwise destroys any hop-binds growing on poles in any ...,
plantation of hops, or any grape vines growing in any :" }
vineyard, is guilty of felony, and liable to fourteen years'
imprisonment. 32-33 W., c. 22, s. 23.
22. Every one who unlawfully and maliciously cuts, Destroying,
breaks, barks, roots up or otherwise destroys or damages . .
the whole or any part of any tree, sapling or shrub, or any more than $5,
underwood growing in any park, pleasure ground, garden, #º: 1I] 9,
orchard or avenue, or in any ground adjoining or belong- ground, &c.
ing to any dwelling-house, if the amount of the injury done
exceeds the sum of five dollars, is guilty of felony, and liable
to three years' imprisonment. 32-33 W., c. 22, s. 24.
23. Every one who unlawfully and maliciously cuts, Destroying,
breaks, barks, roots up or otherwise destroys or damages ºreº.
the whole or any part of any tree, sapling or shrub, or any º:
underwood growing in any public street or place or else- than #20,
where than in any park, pleasure ground, garden, orchard ..." “
or avenue, or in any ground adjoining or belonging to any
dwelling-house, if the amount of injury done exceeds the
sum of twenty dollars, is guilty of felony, and liable to
three years' imprisonment. 32-33 W., c. 22, s. 25.
24- Every one who unlawfully and maliciously cuts, Damaging
breaks, barks, roots up or otherwise destroys or damages ...,
gº tº wheresoever
the whole or any part of any tree, sapling or shrub, or any jºin, to
underwood, wheresoever the same is growing, the injury he amºunt of
* 25 CentS.
done being to the amount of twenty-five cents at the least,
shall, on summary conviction, be liable to a penalty not
exceeding five dollars over and above the amount of the
injury done, or to one month’s imprisonment, with or with-
out hard labor :
1967
º,
* . . . .
Chap. 168. Malicious Injuries to Property. 49 WICT.
Second
offence.
Subsequent
effence.
Destroying
any fruit or
vegetable pro-
duction in a
garden, &c.
Subsequent
offence.
Destroying,
&c., vegetable
productions
not growing
in a garden,
&c.
Subsequent
offence.
Destroying,
&c., any
fence, gate,
&c.
2. Every one who, having been convicted of any such
offence, either against this or any other Act or law, after-
wards commits any of the offences in this section men-
tioned, shall, on summary conviction, beliable to a penalty
not exceeding twenty dollars over and above the amount
of the injury done, or to three months' imprisonment with
hard labor :
3. Every one who, having been twice convicted of any
such offence, afterwards commits any of the offences in this
section mentioned, is guilty of a misdemeanor, and liable
to imprisonment for any term less than two years. 32-33 W.,
c. 22, s. 26. -
25. Every one who unlawfully and maliciously destroys,
or damages with intent to destroy, any plant, root, fruit
or vegetable production, growing in any garden, Orchard,
nursery ground, house, hot-house, green-house or conserva-
tory, shall, on summary conviction, be liable to a penalty
mot exceeding twenty dollars over and above the amount of
the injury done, or to three months' imprisonment, with or
without hard labor :
2. Every one who, having been convicted of any such
offence, either against this or any other Act or law, after-
wards commits any of the offences in this section men-
tioned, is guilty of felony, and liable to two years' imprison-
ment. 32-33 W., c. 22, s. 27.
26- Every one who unlawfully and maliciously destroys,
or damages with intent to destroy, any cultivated root or
plant used for the food of man or beast, or for medicine,
or for distilling, or for dyeing, or for or in the course of
any manufacture, and growing in any land, open or in-
closed, not being a garden, orchard or nursery ground,
shall, on summary conviction, be liable to a penalty not
exceeding five dollars over and above the amount of the
injury done, or to one month’s imprisonment, with or with-
out hard labor, and in default of payment of such penalty
and costs, if any, to imprisonment for any term not exceed-
ing one month : -
2. Every one who, having been convicted of any such
offence, either against this or any other Act or law, after-
wards commits any of the offences in this section mentioned,
shall, on summary conviction, be liable to three months’
imprisonment with hard labor. 32-33 W., c. 22, s. 28.
INJURIES TO FENCES.
27. Every one who unlawfully and maliciously cuts,
breaks, throws down, or in anywise destroys any fence of
any description whatsoever, or any wall, stile or gate, or
any part thereof, respectively, shall on summary conviction
be liable to a penalty mot exceeding five dollars, over and
above the amount of the injury done :
1968
1886. Malicious Injuries to Property. Chap. 168. 7
2. Every one who, having been convicted of any such Subsequent
offence, either against this or any other Act or law, after- *
wards commits any of the offences in this section mentioned,
shall, on summary conviction, be liable to three months' im-
prisonment with hard labor. 32-33 W., c. 22, s. 29.
INJURIES TO MINES.
28. Every one who unlawfully and maliciously sets fire Setting fire to
to any mine of coal, cannel coal, anthracite or other mineral ...".
fuel, or to any mine or well of oil or other combustible sub- y -v v -
stance, is guilty of felony, and liable to imprisonment for
life. 32-33 W., c. 22, s. 30.
29. Every one who unlawfully and maliciously, by any Attempting to
overt act, attempts to set fire to any mine, or to any such ..."
oil well, under such circumstances that if the same were weſi,'88.
thereby set fire to, the offender would be guilty of felony,
is guilty of felony, and liable to fourteen years' imprison-
ment. 32-33 W., c. 22, s. 31.
30- Every one who unlawfully and maliciously causes Conveying
any water, earth, rubbish or other substance to be conveyed jº
or to run or fall into any mine, or into any oil well, or into inºr
any subterraneous passage communicating therewith, with . *.
intent thereby to destroy or damage such mine or well, or shaft. ..
to hinder or delay the working thereof—or who, with the like
intent, unlawfully and maliciously pulls down, fills up or
obstructs or damages with intent to destroy, obstruct or
render useless, any airway, waterway, drain, pit, level, or
shaft of or belonging to any mine or well, is guilty offelony,
and liable to seven years' imprisonment :
2. This section shall not extend to any damage committed Exception.
underground by any owner of any adjoining mine or well
in working the same, or by any person duly employed in
such working. 32-33 W., c. 22, s. 32.
31- Every one who, unlawfully and maliciously, pulls Damaging
down or destroys or damages with intent to destroy or render ºn
useless any steam engine or other engine for sinking, drain- §.
ing, ventilating or working, or for in anywise assisting in ...
sinking, draining, ventilating or working any mine or oil well lºng
or any appliance or apparatus in connection with any such
steam or other engine, or any staith, building or erection used
in conducting the business of any mine or oil well, or any
bridge, wagon-way or track for conveying minerals or oil
from any mine or well, whether such engine, staith, build-
ing, erection, bridge, wagon-way or track is completed or
in an unfinished state,_or unlawfully and maliciously stops, Unlawfully
obstructs or hinders the working of any such steam or other tº:
engine, or of any such appliances or apparatus as aforesaid,
with intent thereby to destroy or damage any mine or oil
1969
Chap. 168. Malicious Injuries to Property. 49 VICT.
or obstructin #
well, or to hinder, obstruct or delay the working thereof,
—or unlawfully and maliciously, wholly or partially, cuts
through, severs, breaks or unfastens, or damages with in-
tent to destroy or render useless, any rope, chain or tackle,
of whatsoever material the same is made, used in any mine
or oil well, or in or upon any inclined plane, railway or other
way or other work whatsoever, in anywise belonging or
appertaining to or connected with or employed in any mine
or oil well, or the working or business thereof, is guilty of
felony, and liable to seven years' imprisonment, 32-33 W.,
c. 22, s. 33.
INJURIES TO SEA AND RIVER BANKS, AND TO WORKS ON
RIVERS, CANAIS, ETC.
32. Every one who unlawfully and maliciously breaks
down or cuts down, or otherwise damages or destroys any
sea bank, sea wall, dyke or aboiteau, or the bank, dam or
wall of or belonging to any river, canal, drain, reservoir,
pool or marsh, whereby any land or building is, or is in
danger of being overflowed or damaged,—or unlawfully
and maliciously throws, breaks or cuts down, levels, under-
mines or otherwise destroys any quay, wharf, jetty, lock,
sluice, floodgate, weir, tunnel, towing-path, drain, water-
course or other work belonging to any port, harbor, dock
or reservoir, or on or belonging to any navigable water or
canal, or any dam or structure erected to create or utilize
any hydraulic power, or any embankment for the support
thereof, is guilty of felony, and liable to imprisonment for
life. 32-33 W., c. 22, s. 34.
$$. Every one who unlawfully and maliciously cuts off,
draws up or removes any piles, stone or other materials
fixed in the ground and used for securing any sea bank or
sea wall, or the bank, dam or wall of any river, canal, drain,
aqueduct, marsh, reservoir, pool, port, harbor, dock, quay,
wharf, jetty or lock, -or unlawfully and maliciously opens
or draws up any floodgate or sluice, or does any other in-
jury or mischief to any navigable river or canal, with in-
tent and so as thereby to obstruct or prevent the carrying
on, completing or maintaining the navigation thereof, is
guilty of felony, and liable to seven years' imprisonment.
32-33 W., c. 22, s. 35.
INJURIES TO FISH-PONDS.
34- Every one who unlawfully and maliciously cuts
through, breaks down, or otherwise destroys the dam, flood-
gate or sluice of any fish-pond, or of any water which is
private property, or in which there is any private right of
fishery, with intent thereby to take or destroy any of the
fish in such pond or water, or so as thereby to cause the
loss or destruction of any of the fish, or unlawfully and
1970
1886. Malicious Injuries to Property. - Chap. 168. 9
maliciously puts any lime or other noxious material in any
such pond or water, with intent thereby to destroy any
of the fish that are then or that may thereafter be put there-
im,-or unlawfully and maliciously cuts through, breaks
down or otherwise destroys the dam or floodgate of any
mill-pond, reservoir or pool, is guilty of a misdemeanor, and
liable to seven years' imprisonment. 32-33 W., c. 22, s. 36.
INJURIES TO BRIDGES, VIADUCTS AND TOLL-BARS.
35. Every one who unlawfully and maliciously pulls Injuring a
or throws down, or in anywise destroys any bridge, whether ºlºgº.
over any stream of water or not, or any viaduct or aqueduct,
over or under which bridge, viaduct or aqueduct any high-
way, railway or canal passes, or does any injury with intent
and so as thereby to render such bridge, viaduct or aqueduct,
or the highway, railway or canal passing over or under the
same, or any part thereof, dangerous or impassable, is guilty
of felony, and liable to imprisonment for life. 32-33 W.,
c. 22, s. 37.
36. Every one who unlawfully and maliciously throws Destrºying a
down, levels or otherwise destroys, in whole or in part, any ...
turnpike gate or toll-bar, or any wall, chain, rail, post, bar }
or other fence belonging to any turnpike gate or toll-bar, or
set up or erected to prevent passengers passing by without
paying any toll directed to be paid by any Act or law re-
lating thereto, or any house, building or weighing engine
erected for the better collection, ascertainment or security
of any such toll, is guilty of a misdemeanor, and liable to
fine or imprisonment, or both, in the discretion of the Court.
32-33 W., c. 22, s. 38.
INJURIES TO RAILWAYS.
37. Every one who unlawfully and maliciously, and Certain in-
with intent to obstruct, endanger, upset, overthrow, injure W. to rail-
or destroy any engine, tender, carriage, truck or vehicle, on
any railway, or any property passing over or along any
railway, -
(a.) Puts, places, casts or throws any wood, stone or other obstructions.
matter or thing upon or across any railway,+
(b.) Breaks, takes up, removes, displaces, injures or de- Injuring or re-
stroys any rail, railway switch, sleeper, bridge, fence or ."&"
other matter or thing, or any portion thereof, belonging to *
any railway,+
(c.) Turns, moves or diverts any point or other machinery Moving
belonging to any railway,+ points.
(d.) Makes or shows, hides or removes any signal or light Lights.
upon or near any railway, or—
(e.) Does or causes to be done, any other matter or thing,< Other acts.
46% 1971 -
10
Malicious Injuries to Properly.
Chap. 168. 49 WICT.
Punishment.
Maliciously
injuring, ob-
structing use
of, or hinder-
ing the com-
pleting, &c.,
of any rail-
way or rail-
way works.
Punishment.
Obstructing
use of railway
and railway
works.
Injuring elec-
tric or magne-
tic telegraphs,
&c. -
Is guilty of a felony, and liable to imprisonment for life.
32-33 W., c. 22, s. 39 –42 W., c. 9, s. 88, part ;-44 W., c. 25,
s. 116, part. -
38. Every one who unlawfully and maliciously–
(a.) Breaks, throws down, injures or destroys, or does any
other hurt or mischief to, - -
(b.) Obstructs or interrupts the free use of, or—
(c.) Obstructs, hinders or prevents the carrying
pleting, supporting or maintaining of-
Any railway or any part thereof, or any building, struc-
ture, station, depot, wharf, vessel, fixture, bridge, fence,
engine, tender, carriage, truck, vehicle, machinery or other
work, device, matter or thing of such railway, or appertain-
ing thereto or connected there with,
Is guilty of a misdemeanor, and liable to five years' im-
prisonment. 42 W., c. 9, ss. 87 and 90 –44 W., c. 25, ss. 115
and 118. -
Oll, COm-
$9. Every one who, by any means, or in any manner or
way whatsoever, or by any wilful Omission or neglect,
obstructs or interrupts, or causes to be obstructed or inter-
rupted, or aids or assists in obstructing or interrupting, the
free use of any railway or any part thereof, or any building,
structure, station, depot, wharf, vessel, fixture, bridge, fence,
engine, tender, carriage, truck, vehicle, machinery or other
work, device, matter or thing of such railway, or appertain-
ing thereto, or connected there with, is guilty of a misde-
meanor, and liable to two years' imprisonment. 32-33 W.,
c. 22., s. 40 ;—42 W., c. 9, s. 86 ;-44 W., c. 25, s. 114.
INJURIES TO ELECTRIC TELEGRAPHS, ETC.
40. Every one who unlawfully and maliciously cuts,
breaks, throws down, destroys, injures or removes any bat-
tery, machinery, wire, cable, post or other matter or thing
whatsoever, being part of or being used or employed in or
about any electric or magnetic telegraph, electric light, tele-
phone or fire alarm, or in the working thereof, or for the
transmission of electricity for other lawful purposes, or
unlawfully and maliciously prevents or obstructs, in any
manner whatsoever, the sending, conveyance or delivery of
any communication by any such telegraph, telephone or fire
alarm, or the transmission of electricity for any such electric
Attempts to
injure such
telegraphs,
&c.
light or for any such purpose as aforesaid, is guilty of a mis-
demeanor, and liable to imprisonment for any term less than
two years. 32-33 W., c. 22, s. 41.
41. Every one who unlawfully and maliciously, by any
Overt act, attempts to commit any of the offences in the
mext preceding section mentioned, shall, on summary con-
viction, be liable to a penalty not exceeding fifty dollars,
1972
1886. Malicious Injuries to Property. Chap. 168. 11
or to three months' imprisonment, with or without hard
labor. 32-33 W., c. 22, s. 42.
INJUIRIES TO WORKS OF ART.
42. Every one who unlawfully and maliciously destroys Destroying or
or damages any book, manuscript, picture, print, statue, º rt,
bust or vase, or any other article or thing kept for the pur- in museums,
poses of art, science or literature, or as an object of curiosity, ºn
in any museum, gallery, cabinet, library or other depository, .." 1C
which museum, gallery, cabinet, library or other depository
is, either at all times or from time to time, open for the ad-
mission of the public or of any considerable number of
persons to view the same, either by the permission of the
proprietor thereof, or by the payment of money before en-
tering the same, or any picture, statue, monument or other
memorial of the dead, painted glass or other monument or
work of art in any church, chapel, meeting-house or other
place of divine worship, or in any building belonging to
Her Majesty, or to any county, riding, city, town, village,
parish or place, or to any university, or college or hall of
any university, or in any street, square, church-yard, burial
ground, public garden or ground, Or any statue or monu-
ment exposed to public view, or any ornament, railing or
fence surrounding such statue or monument, or any foun-
tain, lamp, post, or other thing of metal, glass, wood or
other material, in any street, square or other public place,
is guilty of a misdemeanor, and liable to one year's impri-
sonment :
2. Nothing herein contained shall affect the right of any Civil remedy
person to recover damages for the injury so committed. *
32-33 W., c. 22, s. 43.
INJURIES TO CATTLE AND OTHER ANIMALS.
43. Every one who unlawfully and maliciously kills, Killing or
maims, wounds, poisons or injures any cattle, is guilty of ...”
felony, and liable to fourteen years' imprisonment. 32-33
W., c. 22, s. 45.
44. Every one who unlawfully and maliciously attempts wantonly
to kill, maim, wound, poison or injure any cattle, or unlaw- ...". to
fully and maliciously places poison in such a position as to º “”
be easily partaken of by any cattle, is guilty of a misde-
meanor, and liable to fine or imprisonment, or both, in the
discretion of the court. 32-33 W., c. 22, s. 46.
45. Every one who unlawfully and maliciously kills, Killing or
maims, wounds, poisons or injures any dog, bird, beast, or ."
other animal, not being cattle, but being either the subject animals.
of larceny at common law, or being ordinarily kept in a state
of confinement, or kept for any domestic purpose, or pur-
pose of lawful profit or advantage or science, shall, on sum-
46.4% 1973
Chap. 168. Malicious Injuries to Property. 49 WICT.
Subsequent
offence.
Setting fire to,
casting away
or destroying
a ship.
Setting fire to,
casting away,
&c., ships to
prejudice the
OW 116 Iſ Ol' Ull]-
derwriters.
Attempting
to commit
- such offences.
Placing gun-
powder near a
ship with in-
tent to dam-
age it.
Damaging
ships other-
WISC.
Exhibiting
false signals,
&C., or doing
mary conviction, be liable to a penalty not exceeding one
hundred dollars, over and above the amount of injury done,
or to three months' imprisonment with or without hard
labor : -
2. Every one who, having been convicted of any such
offence, afterwards commits any of the offences in this sec-
tion mentioned, is guilty of a misdemeanor, and liable to
fine or imprisonment, or both, in the discretion of the court.
32-33 W., c. 22, s. 47.
INJURIES TO SHIPS.
46. Every one who unlawfully and maliciously sets fire
to, casts away or in anywise destroys any ship or vessel,
whether the same is complete or in an unfinished state, is
guilty of felony, and liable to imprisonment for life. 32-33
W., c. 22, s. 48.
47. Every one who unlawfully and maliciously sets fire
to or casts away or in anywise destroys any ship or vessel,
with intent thereby to prejudice any owner or part owner
of such ship or vessel, or of any goods on board the same, or
any person who has underwritten or who underwrites any
policy of insurance upon such ship or vessel, or on the
freight thereof, or upon any goods on board the same, is
guilty of felony, and liable to imprisonment for life. 32-33 W.,
c. 22, s. 49.
48. Every one who unlawfully and maliciously, by any
overt act, attempts to set fire to, cast away, or destroy any
ship or vessel, under such circumstances that, if the ship or
vessel were thereby set fire to, cast away or destroyed, the
offender would be guilty of felony, is guilty of felony, and
liable to fourteen years' imprisonment. 32-33 W., c. 22, s. 50.
49- Every one who unlawfully and maliciously places
or throws in, into, upon, against or near any ship or vessel,
any gunpowder or other explosive substance, with intent
to destroy or damage any ship or vessel, or any machinery,
working-tools, goods or chattels, whether or not any explo-
sion takes place, and whether or not any injury is effected,
is guilty of felony, and liable to fourteen years' imprison-
ment. 32-33 W., c. 22, s. 51.
59. Every one who unlawfully and maliciously damages,
otherwise than by fire, gunpowder or other explosive sub-
stance, any ship or vessel, whether complete or in an un-
finished state, with intent to destroy the same or render the
same useless, is guilty of felony, and liable to seven years'
imprisonment. 32-33 W., c. 22, s. 52.
51. Every one who unlawfully masks, alters, removes
or extinguishes any light or signal, or unlawfully exhibits,
1974
1886. Malicious Injuries to Property. Chap. 168.
13
any false light or signal, with intent to bring any ship,
vessel or boat into danger, or unlawfully and maliciously
does any thing tending to the immediate loss or destruction
of any ship, vessel or boat, and for which no punishment
is hereinbefore provided, is guilty of felony, and liable to
imprisonment for life. 32-33 W., c. 22, s. 53 ;—33 W., c. 18,
S. 4, part.
52. Every one who, unlawfully and maliciously, cuts
away, casts adrift, removes, alters, defaces, sinks or destroys,
or unlawfully and maliciously does any act with intent to cut
away, cast adrift, remove, alter, deface, sink or destroy,+Or in
any other manner unlawfully and maliciously injures or
conceals any lighthouse, light-ship, floating or other light,
lantern or signal, or any boat, buoy, buoy-rope, beacon,
anchor, perch or mark used or intended for the guidance of
seamen, or for the purpose of navigation, is guilty of felony,
and liable to seven years' imprisonment. 32-33 W., c. 22,
s. 54;-33 W., c. 18, S. 4, part.
53. Every one who makes fast any vessel or boat to any
such buoy, beacon or sea mark, shall, on summary convic-
tion, be liable to a penalty not exceeding ten dollars, and in
default of payment, to one month's imprisonment. 32-33 W.,
c. 22, s. 55. *.
54. Every one who unlawfully and maliciously breaks,
injures, cuts, loosens, removes or destroys, in whole or in
part, any dam, pier, slide, boom or other such work, or any
chain or other fastening attached thereto, or any raft, crib
of timber or saw-logs, or unlawfully and maliciously im-
pedes or blocks up any channel or passage intended for the
transmission of timber, is guilty of a misdemeanor, and liable
acts of like
nature.
Injuring, re-
moving, de-
facing or
concealing
lighthouses,
buoys, &c.
Making
vessels fast
to buoys,
beacons, or
Sea marks.
Cutting
booms or
rafts adrift.
Impeding
channel.
to a fine or to two years' imprisonment or to both. 32-33 W.,
c. 22, s. 56;-C. S. C., c. 68, s. 67.
INJURIES TO POLL BOOKS, ETC.
55. Every one who unlawfully or maliciously destroys,
injures or obliterates, or causes to be wilfully or maliciously
destroyed, injured or obliterated, or makes or causes to be
made any erasure, addition of names or interlineation of
names in or upon, or aids, consents or assists in so destroy-
ing, injuring or obliterating, or in making any erasure, ad-
dition of names or interlineation of names in or upon any
writ of election, or any return to a writ of election, or any
indenture, poll book, voters' list, certificate, affidavit or report,
or any document or paper made, prepared or drawn out ac-
cording to any law in regard to provincial, municipal or civic
elections, is guilty of felony, and liable to a fine in the dis-
Cretion of the court, or to seven years' imprisonment, or to
both. 29-30 W. (Can.), c. 51, s. 188, part;-R. S. B. C., c. 157.
ss. 99 and 100, part.
Destroying,
Injuring or
altering
election
documents.
1975
Chap. 168. Malicious Injuries to Property. 49 WICT.
Defacing or
removing
land marks of
Province, &c.
INJURIES TO LAND MARKS.
56. Every one who knowingly and wilfully pulls down,
defaces, alters or removes any mound, land mark, post or
monument lawfully erected, planted or placed to mark or
determine the boundaries of any Province, county, city, town,
township, parish or other municipal division, is guilty of
And of con-
cession,
range, &c.
Exception as
to land sur-
veyors.
Committing
damage, not
before pro-
felony, and liable to seven years' imprisonment. C. S. C.,
c. 77, s. 107, part;-C. S. U. C., c. 93, s. 4, part.
57. Every one who knowingly and wilfully defaces, alters
or removes any mound, land mark, post or monument law-
fully placed by any land surveyor to mark any limit, boun-
dary or angle of any concession, range, lot or parcel of land,
is guilty of a misdemeanor, and liable to a fine not exceeding
One hundred dollars, or to three months' imprisonment, or
to both : -
2. Nothing herein shall prevent any land surveyor in his
operation from taking up posts or other boundary marks
when necessary, if he carefully replaces them as they were
before. C. S. C., c. 77, s. 107, part;-C. S. U. C., c. 93, s. 4, part.
INJURIES NOT BEFORE PROVIDED FOR.
58. Every one who unlawfully and maliciously commits
any damage, injury or spoil to or upon any real or personal
vided for, ex- property whatsoever, either of a public or a private nature,
ceeding $20.
Committing
damage, not
before pro-
vided for,
and not ex-
ceeding $20.
Compensa-
tion to person
aggrieved.
Not to extend
to Certain
CàSCS.
for which no punishment is hereinbefore provided, the
damage, injury or spoil being to an amount exceeding twenty
dollars, is guilty of a misdemeanor, and liable to five years'
imprisonment. 32-33 W., c. 22, s. 59. -
59. Every one who unlawfully and maliciously commits
any damage, injury or spoil to or upon any real or personal
property whatsoever, either of a public or private nature,
for which no punishment is hereinbefore provided, shall, on
summary conviction, be liable to a penalty not exceeding
twenty dollars, and such further sum, not exceeding twenty
dollars, as appears to the justice to be a reasonable compen-
sation for the damage, injury or spoil so committed,—which
last mentioned sum of money shall, in the case of private
property, be paid to the person aggrieved ; and if such sums
of money, together with the costs, if ordered, are not paid,
either immediately after the conviction, or within such
period as the justice shall, at the time of the conviction, ap-
point, the justice may cause the offender to be imprisoned
for any term not exceeding two months, with or without
hard labor :
2. Nothing herein contained shall extend to any case
where the person acted under a fair and reasonable suppo-
sition that he had a right to do the act complained of, or to
any trespass, not being wilful and malicious, committed in
1976
1886. Malicious Injuries to Property. Chap. 168. 15
*
hunting or fishing, or in the pursuit of game; but every
such trespass shall be punishable in the same manner as if
this Act had not been passed :
3. The provisions of this section shall extend to any per- This section
son who unlawfully and maliciously commits any injury ...”.”
to any tree, sapling, shrub or underwood, for which no pun- " "
ishment is hereinbefore provided. 32-33 W., c. 22, ss. 60
and 61.
OTHER MATTERS.
60. Every punishment and penalty by this Act imposed Malice against
on any person maliciously committing any offence, whether :
the same is punishable upon indictment or upon summary -
conviction, shall equally apply and be enforced, whether
the offence is committed from malice conceived against the
owner of the property in respect of which it is committed,
or otherwise. 32-33 W., c. 22, s. 66.
61. Every provision of this Act, not hereinbefore so ap- Application
te § te * & to persons in
plied, shall apply to every person who, with intent to injure j.
or defraud any person, does any of the acts hereinbefore property in-
made punishable, although the offender is in possession of "
the property against Or in respect of which such act is done.
32-33 W., c. 22, s. 67.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1977
CHAPTER 169.
An Act respecting offences relating to the Army and
Navy.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Every one who, not being an enlisted soldier in Her
Majesty's service, or a seaman in Her Majesty's naval ser-
vice, by words or with money or by any other means what-
soever, directly or indirectly persuades or procures, or goes
about or endeavors to persuade, prevail on or procure any
such soldier or seaman to desert from or leave Her Majesty's
military or naval service, or conceals, receives or assists any
deserter from Her Majesty’s military or naval service, know-
ing him to be such deserter, is guilty of a misdemeanor, and
liable, on summary conviction, to a penalty not exceeding
two hundred dollars, and not less than eighty dollars and
costs, and in default of payment, to imprisonment for any
term, not exceeding six months. 32-33 W., c. 25, s. 1, part.
2. Every one who buys, exchanges or detains, or other-
wise receives from any soldier or deserter any arms, clothing
or furniture belonging to Her Majesty, or any such articles,
belonging to any soldier or deserter, as are generally deemed
regimental necessaries, according to the custom of the army,
or causes the color of such clothing or articles to be changed,
or exchanges, buys or receives from any soldier any pro-
visions, without leave in writing from the officer comman-
ding the regiment or detachment to which such soldier
belongs, is guilty of a misdemeanor, and liable, on summary
conviction, to a penalty not exceeding forty dollars, and not
less than twenty dollars and costs, and in default of pay-
ment, to imprisonment for any term not exceeding six
months. 32-33 W., c. 25, s. 2.
3. Every one who buys, exchanges or detains, or other-
wise receives from any seaman or marine, upon any account
whatsoever, or has in his possession any arms or clothing,
or any such articles, belonging to any seaman, marine or
deserter, as are generally deemed necessaries, according to
the custom of the navy, is guilty of a misdemeanor, and
liable, on summary conviction, to a penalty not exceeding
one hundred and twenty dollars, and not less than sixty
dollars and costs, and in default of payment, to imprisonment
for a term not exceeding six A. D. 1886.
Enticing sol-
diers or sailors
to desert.
Concealing
or assisting
deserter.
Receiving
regimental
necessaries,
&c.
Receiving
necessaries
from a sea-
Dil 8,1]. OI’
marine.

1979
ºth 32-33 W., c. 25, s. 3.
2 Chap. 169. Offences relating to the Army or Navy. 49 WICT.
ºn of 4. Every offender against the provisions of the preceding
g sections may be tried and convicted in a summary manner
before any two justices of the peace, or before the mayor of
any city and any one justice of the peace, or before any
recorder, judge of the sessions of the peace or police magis-
trate, on the evidence of one credible witness, or he may
be prosecuted by indictment for the misdemeanor, and shall
then be liable to punishment by fine and imprisonment in
º, the discretion of the court; and nothing in this Act shall
º A. be construed to prevent any person being prosecuted, con-
victed and punished under any Act of the Parliament of .
the United Kingdom in force in Canada; but no person shall
be twice punished for the same offence. 32-33 W., c. 25,
S. 1, part, and s. 5. .
º 5. The examination of any soldier, seaman or marine
jwe liable to be ordered from the Province in which any offence
º Province, against this Act is prosecuted, or of any witness, sick, infirm
C. or about to leave such Province, may be taken de bene esse
before any commissioner or other proper authority, in like
manner as depositions in civil cases are taken. 32-33 W.,
c. 25, s. 6.
Apprehension 6- Every one who is reasonably suspected of being a
.* deserter from Her Majesty's service may be apprehended and
deserters. - º te * * e
brought for examination before any justice of the peace, and
if it appears that he is a deserter, he shall be confined in
gaol until claimed by the military or naval authorities, or
proceeded against according to law. 32-33 W., c. 25, s. 7.
Yºº- 7. No one shall break open any building to search for
quired to
jºa huild- a deserter unless he has obtained a warrant for that pur-
ing in search pose from a justice of the peace,—such warrant to be founded
** on affidavit that there is reason to believe that the deserter
is concealed in such building, and that admittance has been
demanded and refused ; and every one who resists the exe-
cution of any such warrant shall incur a penalty of eighty
dollars, recoverable on summary conviction in like manner
as other penalties under this Act. 32-33 W., c. 25, s. 8.
...” 8. Any justice of the peace, upon information on oath or
offenders. affirmation, may issue a warrant for the apprehension of
any person charged with an offence against this Act, as in
the case of other offences against the law. 32-33 W., c. 25,
S. 9.
#. 9. One moiety of the amount of any penalty recovered
under any of the preceding sections shall be paid over to
the prosecutor or person by whose means the offender has
been convicted, and the other moiety shall belong to the
Crown. 32-33 W., c. 25, S. 4. •
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty,
1980
CHAPTER 170.
An Act respecting Military and Naval Stores. A. D. I886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- In this Act, unless the context otherwise requires, the Hºprete
expression “stores " includes any single store or article. Hºores.”
32-33 W., c. 26, s. 14.
2. The marks described in the schedule to this Act, may Marks to be
be applied in or on Her Majesty's naval, military, ordnancé, i.”**
barrack, hospital and victualling stores, to denote Her Ma-
jesty's property in stores so marked. 32-33 W., c. 26, s. 1.
3. The Admiralty and War Department, their contract- ...,
- * Sll C
ors, officers and workmen, may apply the said marks, or any j
of them, in or on any such stores as are described in the
said schedule. 32-33 W., c. 26, s. 2.
4- Every one who, without any lawful authority, the Unlawfully
proof of which shall lie on him, applies any of the said ºuch
marks in or on any such or any like stores, is guilty of a
misdemeanor, and liable to imprisonment for any term less
than two years. 32-33 W., c. 26, s. 3.
5. Every one who, with intent to conceal Her Majesty's Unlawfully
property, in any naval, military, Ordnance, barrack, hospital *"...g
or victualling stores, takes out, destroys or obliterates, wholly such marks.
or in part, any such mark as aforesaid, is guilty of felony,
and liable to imprisonment for any term less than two years.
32-33 W., c. 26, s. 4. j
6. Every one who, without lawful authority, the proof Unlawfully
of which shall lie on him, receives, possesses, keeps, sells #es
or delivers, any naval, military, ordnance, barrack, hospital so marked.
or victualling stores, bearing any such mark as aforesaid,
knowing them to bear such mark, is guilty of a misdemea-
nor, and liable to imprisonment for any term not exceeding
One year. 32-33 W., c. 26, s. 5.

' 1981
2
Chap. 170. Military and Naval Stores. 49 Vict.
Knowledge
that goods
bear mark,
presumed
until con-
trary shown.
When value
of stores does
not exceed
$25, case to
be tried sum-
marily.
Persons in
Whose posses-
Sion stores
With mark are
found, must
prove that
they obtained
them law-
fully.
Former pos-
sessor may be
Summoned.
What shall be
deemed pos-
session.
7- If the person charged with such a misdemeanor as last
aforesaid was, at the time at which the offence is charged to
have been committed, a dealer in marine stores, or a dealer
in old metals, or in Her Majesty's service or employment,
knowledge on his part that the stores to which the charge
relates bore such mark as aforesaid, shall be presumed,
until the contrary is shown. 32-33 W., c. 26, s. 6.
8. Every person charged with such misdemeanor as last
aforesaid in relation to stores, the value of which does not
exceed twenty-five dollars, is liable, on summary conviction
before two justices of the peace, or any recorder, stipendiary
magistrate or police magistrate, or the city court of Halifax,
to a penalty not exceeding one hundred dollars, or to impri-
sonment for any term not exceeding six months, with or
without hard labor. 32-33 W., c. 26, s. 7.
9. If any naval, military, Ordnance, barrack, hospital or
victualling stores, bearing any such mark, are found in the
possession of any person who is not a dealer in marine stores
or a dealer in old metals, and who is not in Her Majesty's
service, and such person, when taken or summoned before
two justices of the peace, recorder, stipendiary magistrate,
or police magistrate, or the city gourt of Halifax, does not
satisfy the justice, recorder, magistrate, or the court, that he
came lawfully by the stores so found, he shall, on summary
conviction, be liable to a penalty not exceeding twenty-five
dollars; and if any such person satisfies the justices, recorder,
stipendiary or police magistrate or court, that he came law-
fully by the stores so found, the justices, recorder, magistrate
or court, in their discretion, as the evidence given or the
circumstances of the case require, may summon before them
every person through whose hands such stores appear to
have passed; and if any such person, who has had posses-
sion thereof, does not satisfy the justices, recorder, stipen-
diary or police magistrate or court, that he came lawfully
by the same, he shall, on summary conviction of having
had possession thereof, be liable to a penalty not exceeding
twenty-five dollars, and in default of payment, to imprison-
ment for any term not exceeding three months, with or with-
out hard labor. 32-33 W., c. 26, s. 8.
10- For the purposes of this Act, stores shall be deemed
to be in the possession or keeping of any person, if he know-
ingly has them in the actual possession or keeping of any
other person, or in any house, building, lodging, apartment,
field or place, open or inclosed, whether occupied by him-
self or not, and whether the same are so had for his own use
or benefit or for the use or benefit of another. 32-33 W., c. 26,
s. 9. •.
1982
1886. Military and Naval Stores. Chap. 170. 3
H.H. No person shall, without permission in writing from the Searching for
Admiralty or from some person authorized by the Admiralty "... *
in that behalf, creep, sweep, dredge or otherwise search for wharves, &c.,
stores in the sea or any tidal or inland water, within one . per-
hundred yards from any vessel belonging to Her Majesty tº
or in Her Majesty's service, or from any mooring place or
anchoring place, appropriated to such vessels, or from any
mooring belonging to Her Majesty, or from any of Her Ma-
jesty's wharves or docks, victualling or steam factory yards.
32-33 W., c. 26, s. 10.
12. Every one who violates the next preceding section Penalty in
shall, on summary conviction before two justices of the * *
peace, or any recorder, stipendiary or police magistrate, or
the city court of Halifax, be liable to a penalty not exceed-
ing twenty-five dollars, or to imprisonment for any term not
exceeding three months, with or without hard labor. 32-33
W., c. 26, s. 11.
ſ -
18- No person other than the officer commanding the who only
naval or military forces in Canada or some person acting º Prose-
g g º e Sº CUlte.
under his authority, shall institute or carry on under this
Act, any prosecution or proceeding for any offence against
it. 32-33 W., c. 26, s. 12.
14- Nothing in this Act shall prevent any person from Nothing in
being indicted, under this Act or otherwise, for any indict- ...”
able offence, made punishable on summary conviction by §:
this Act, or prevent any person from being liable, under any ... "
other Act or otherwise, to any other or higher penalty or pun- A ºne.
ishment than is provided for any offence by this Act, so that
no person is twice punished for the same offence. 32-33 W.,
c. 26, s. 13.
15. In all prosecutions under this Act, proof that any Proof under
soldier, seaman or marine was actually doing duty in Her this Act.
Majesty's service shall be primá facie evidence that his en-
listment, entry or enrolment has been regular. 32-33 W.,
c. 26, s. 15.
16- Any person convicted or sentenced to imprisonment Imprisonment
under this Act, before the city court of Halifax, may, in the º this
discretion of the court, be imprisoned in the city prison with `"
hard labor, instead of the county gaol. 32-33 W., c. 26, s, 16.
1983
Chap. 170.
49 WICT
Military and Naval Stores.
SCHEDULE.
Marks appropriated for Her Majesty's use in or on Naval,
Military, Ordnance, Barrack, Hospital and Victualling
Stores.
STOREs.
Hempen cordage and wire
rope.
Canvas, fearnought ham-
mocks and seamen's bags.
Bunting.
Candles.
Timber, metal and other stores
not before enumerated.
MARKS.
White, black or colored wor-
sted threads laid up with
the yarns and the wire,
respectively.
A blue line in a serpentine
form.
A double tape in the warp.
Blue or red cotton threads in
each wick, or wicks of red
cotton. *-
The broad arrow, with or
without the letters W.D.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1984
CHAPTER 171.
An Act respecting the protection of the Property of A. D. 1886.
Seamen in the Navy.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
I.- In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “Admiralty” means the Lord High ºming.
Admiral of the United Kingdom, or the Commissioners for
executing the office of Lord High Admiral;
(b.) The expression “seaman’ means every person, not “Seaman.”
being a commissioned, warrant or subordinate officer, who
is in or belongs to Her Majesty’s Navy, and is borne on the
books of any one of Her Majesty's ships in commission,
and every person, not being an officer as aforesaid, who, be-
ing borne on the books of any hired vessel in Her Majesty’s
service, is, by virtue of any Act of the Parliament of the
United Kingdom for the time being in force for the discip-
line of the Navy, subject to the provisions of such Act;
(c) The expression “seaman's property" means any ...
clothes, slops, medals, necessaries or articles usually deem- *
ed to be necessaries for sailors on board ship, which belong
to any seaman. 33 W., c. 31, s. 2.
2. Every one who detains, buys, exchanges, takes on Pºchasing,
pawn or receives, from any seaman or any person acting tºo.
for a seaman, any seaman’s property, or solicits or entices perty.
any seaman, or is employed by any seaman to sell, exchange
or pawn any seaman's property, shall, unless he proves that
he acted in ignorance of the same being seaman’s property,
or of the person with whom he dealt being or acting for a
seaman, or that the same was sold by order of the Admiralty
or Commander-in-Chief, be liable, on summary conviction, Penalty.
to a penalty not exceeding one hundred dollars ; and if con-
victed of a second offence, to the same penalty, or, in the
discretion of the justice or justices, to imprisonment for a
term not exceeding six months, with or without hard labor.
33 W., c. 31, s. 3.
3. If any seaman's property is found in the possession or ºr
keeping of any person, and he is taken or summoned before seman's pro-

1985
2
Chap. 171. Protection of Property of Seamen 49 WICT.
perty and not
accounting
for it.
Penalty.
What shall be
deemed hav-
ing in pos-
Session.
Nothing in
this Act shall
prevent in-
dictment
under this or
any other
Act.
a justice of the peace (which taking and summoning are
hereby authorized), and the justice sees reasonable grounds
for believing the property so found to have been stolen, or
to have been detained, bought, exchanged, pawned or other-
wise received, contrary to the provisions of this Act, then if
such person does not satisfy the justice that he came by the
seaman's property, so found, lawfully and without any vio-
lation of this Act, he shall be liable, on summary convic-
tion before a justice or justices, to a penalty not exceeding
twenty-five dollars; and for the purposes of this section,
seaman's property shall be deemed to be in the possession
or keeping of any person, if he knowingly has any such
property in the actual possession or keeping of any other
person, or in any house, building, lodging, apartment, field
or place, open or inclosed, whether occupied by himself or
not, and whether the same are so had for his own use or
benefit or for the use or benefit of another. 33 W., c. 31, s. 4.
4- Nothing in this Act shall prevent any person from
being indicted under this Act, or otherwise, for any indict-
able offence made punishable on summary conviction by
this Act, or prevent any person from being liable under any
other Act, or otherwise, to any other or higher penalty or
punishment than is provided for any offence by this Act, so
that no person is punished twice for the same offence.
33 W., c. 31, s. 7.
OTTAWA : Printed by BRow N CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
1986
CHAPTER IT/2.
An Act respecting Cruelty to Animals. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows –
I. In this Act, unless the context otherwise requires, the Interpreta-
expression “cattle” includes any horse, mule, ass, swine, *
sheep or goat, as well as any meat cattle or animal of the “9attle.”
bovine species, and whatever is the age or sex of the animal,
and whether castrated or not, and by whatever technical or
trivial name it is known, and shall apply to one animal as
well as to many. 32–33 W., c. 27, s. 10;-38 W., c. 42, s. 1.
CRUELTY TO ANIMALS.
2. Every one who wantonly, cruelly or unnecessarily Cruelty to
beats, binds, ill-treats, abuses, overdrives or tortures any *
cattle, poultry, dog, domestic animal or bird, or who, while
driving any cattle or other animal is, by negligence or ill-
usage in the driving thereof, the means whereby any mis-
chief, damage or injury is done by any such cattle or other
amimal,—or who, in any manner, encourages, aids or assists
at the fighting or baiting of any bull, bear, badger, dog, cock
or other kind of animal, whether of domestic or wild nature,
shall, on summary conviction before two justices of the
peace, be liable to a penalty not exceeding fifty dollars or
to imprisonment for any term not exceeding three months,
with or without hard labor, or to both. 43 W., c. 38, s. 2.
3- Every one who builds, makes, maintains or keeps a Making or
cockpit on premises belonging to or occupied by him, or ."
allows a cockpit to be built, made, maintained or kept on
premises belonging to or occupied by him, shall, on sum-
mary conviction before two justices of the peace, be liable
to a penalty not exceeding fifty dollars, or to imprisonment
for any term not exceeding three months, with or without
hard labor, or to both :
2. All cocks found in any such cockpit, or on the premises Forfeiture in
wherein such cockpit is, shall be confiscated and sold for such case.
the benefit of the municipality in which such cockpit is
situated. 43 W., c. 38, s. 3.

47% 1987
O
Chap. 172. Cruelty to Animals. - 49 WICT.
*d
Apprehension
of offenders.
If offender
refuses to dis-
close his
name, &c.
Time for
prosecution
limited.
4. If any such offence is committed, any constable or
other peace officer, or the owner of any such cattle, animal
or poultry, upon view thereof, or upon the information of
any other person (who shall declare his name and place of
abode to such constable or other peace officer), may seize
and secure, and forthwith, and without any warrant, may
convey any such offender before a justice of the peace within
whose jurisdiction the offence was committed, to be dealt
with according to law. 32–33 W., c. 27, s, 4.
5. If any person apprehended for having committed any
such offence refuses to disclose his name and place of abode
to the justice of the peace before whom he is brought, such
person shall be immediately delivered over to a constable
or other peace officer, and shall, by him, be conveyed to the
common gaol or place of confinement for the district, county
or place within which the offence was committed, or in
which the offender was apprehended, there to remain for
any term not exceeding one month, or until he makes known
his name and place of abode to the said justice. 32-33 W.,
c. 27, s. 5.
6- No prosecution for any such offence shall be brought,
except within three months next after the commission of
the offence. 32-33 W., c. 27, s. 6.
Application of
penalties.
Cattle to be
unladen for
food, rest, &c.,
at certain
intervals.
Exception.
7. Every pecuniary penalty recovered with respect to
any such offence shall be applied in the following manner,
that is to say: one moiety thereof to the corporation of the
city, town, village, township, parish or place in which the
offence was committed, and the other moiety, with full
costs, to the person who informed and prosecuted for the
same, or to such other person as to the justices of the peace
seems proper. 32-33 W., c. 27, s. 8.
THE CONVEY ANCE OF CATTLE.
8. No railway company within Canada, whose railway
forms any part of a line of road over which cattle are con-
veyed from one Province to another Province, or from the
United States to or through any Province, or from any part
of a Province to another part of the same, or owner or mas-
ter of any vessel carrying or transporting cattle, from one
Province to another Province, or within any Province, or
from the United States through or to any Province, shall
confine the same in any car, or vessel of any description,
for a longer period than twenty-eight consecutive hours,
without unlading the same for rest, water and feeding for
a period of at least five consecutive hours, unless prevented
from so unlading and furnishing water and food by storm
or other unavoidable cause, or by necessary delay or deten-
tion in the crossing of trains ;
1988
1886. Cruelty to Animals. Chap. 172. 3
2. In reckoning the period of confinement, the time dur- Time, how
ing which the cattle have been confined without such rest *
and without the furnishing of food and water, on any
connecting railways or vessels from which they are re-
ceived, whether in the United States or in Canada, shall be
included : -
3. The foregoing provisions as to cattle being unladen Exceptiºn; if
shall not apply when cattle are carried in any car or vessel *
in which they have proper space and opportunity for rest furnished.
and proper food and water. 38 W., c. 42, ss, 2 and 5, part.
9- Cattle so unloaded shall be properly fed and watered º !",
during such rest by the owner or person having the custody ...""
thereof, or in case of his default in so doing, then by the watered.
railway company or owner or master of the vessel trans-
porting the same, at the expense of the owner or person in
custody thereof; and such company, owner or master shall,
in such case, have a lien upon such cattle for food, care and
custody furnished, and shall not be liable for any detention
of such cattle. 38 W., c. 42, s. 3.
19. Where cattle are unladen from cars for the purpose Cars to be
of receiving food, water and rest, the railway company then * *
having charge of the cars in which they have been trans-
ported shall, except during a period of frost, clear the floors
of such cars, and litter the same properly with clean saw-
dust or sand before reloading them with live stock. 38 W.,
c. 42, S. 4.
11- Every railway company, owner or master of a vessel, Penalty for
having cattle in transit, as aforesaid, who knowingly and ...”.”
wilfully fails to comply with the provisions contained in
the eighth section of this Act, shall, for every such failure
to comply with its provisions, incur a penalty not exceeding
one hundred dollars. 38 W., c. 42, s. 5, part.
12. Every peace officer and constable may, at all times, Constable
enter any premises where he has reasonable grounds for sup: ...,
posing that any car, truck or vehicle, in respect whereof vessel.
any company or person has failed to comply with the pro-
visions of the four sections next preceding is to be found,
or enter on board any vessel in respect whereof he has
reasonable grounds for supposing that any company or per-
son has, on any occasion, so failed :
2. Every one who refuses admission to such peace officer Penalty for
º r; 2,4-3 refusing con-
or constable, shall be liable, on summary conviction, to a j-
penalty not exceeding twenty dollars and not less than five sión.
dollars, and costs, and in default of payment, to imprison-
ment for any term not exceeding thirty days. 38 W., c. 42,
ss. 6, 7 and 8.
47.4% 1989
4 Chap. 172. Cruelty to Animals. 49 WICT.
ºf 13. Every penalty recoverable under the two sections
enalties and e
jº next preceding, shall belong to the Crown for the public
SuitS. uses of Canada; and no proceeding for the recovery of such
penalty shall be commenced except within one month next
after the commission of the offence. 38 W., c. 42, s. 10.
GENERAL.
.g. 14. Nothing in this Act shall prevent or abridge any
::::::::::::, remedy by action which any person has against the offender
or his employer. 32-33 W., c. 27, s. 3, part ;-38 W., c. 42,
s. 9, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
\
1990
º . º sº
S º/22 º : ~ * §§ **
ºf M.
§§:
غšº
㺺
iº: º Sºº º
*ść
CHAPTER 173.
An Act respecting Threats, Intimidation and other A. D. 1886.
Offences.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
THREATS.
1- Every one who sends, delivers or utters, or directly Letters de-
or indirectly causes to be received, knowing the contents *e,
thereof, any letter or writing, demanding of any person with menaces.
with menaces, and without any reasonable or probable cause,
any property, chattel, money, valuable security or other
valuable thing, is guilty of felony, and liable to imprison-
ment for life. 32-33 W., c. 21, s. 43.
2. Every one who, with menaces or by force, demands ºg
any property, chattel, money, valuable security or other valu- ºśćes
able thing of any person, with intent to steal the same, is or by force.
guilty of felony, and liable to two years' imprisonment.
32-33 W., c. 21, s. 44.
Letters
3. Every one who sends, delivers, or utters, or directly ºn,
• *- e. º - ºnling
or indirectly causes to be received, knowing the contents to accuse of
thereof, any letter or writing, accusing or threatening to crime.
accuse or cause to be accused any other person of any
crime punishable by law with death, or imprisonment for
not less than seven years, or of any assault with intent to
commit any rape, or of any attempt or endeavor to commit
any rape, or of any infamous crime as hereinafter defined,
with a view or intent, in any of such cases, to extort or gain,
by means of such letter or writing, any property, chattel,
money, valuable security or other valuable thing from any
person, is guilty of felony, and liable to imprisonment for
life : *
2. The crime of buggery, committed either with mankind .º.
or with beast, and every assault with intent to commit the fined.
said crime, and every attempt or endeavor to commit the
said Crime, and every solicitation, persuasion, promise or
threat offered or made to any person whereby to move or
induce such person to commit or permit the said crime,
shall be deemed to be an infamous crime within the mean-
ing of this Act: - -







1991
2
Chap. 173. Threats and other Offences. 49 WICT.
What shall be
sending such
letter.
Accusing or
threatening
to accuse of
crime.
Inducing a
person by
threatS or
violence to
execute
deeds, &c.
Immaterial
by whom
IOleIlg, CCS al’C
to be execu-
ted.
Letters
threatening
to murder.
Letters
threatening
to burn or
destroy
houses, &c.
3. Every species of parting with any such letter to the
end that it may come, or whereby it comes into the hands
of the person for whom it is intended, shall be deemed a
sending of such letter. 32-33 W., c. 21, S. 45.
4. Every one who accuses, or threatens to accuse, either
the person to whom such accusation or threat is made or
any other person, of any of the infamous or other crimes
lastly hereinbefore mentioned, with the view or intent, in
any of the cases last aforesaid, to extort or gain from such
person so accused or threatened to be accused, or from any
other person, any property, chattel, money, valuable security
or other valuable thing, is guilty of felony, and liable to
imprisonment for life. 32-33 W., c. 21, S. 46.
5. Every one who, with intent to defraud or injure any
other person, by any unlawful violence to or restraint of
or threat of violence to or restraint of the person of another,
or by accusing or threatening to accuse any person of any
treason, felony or infamous crime, as hereinbefore defined,
compels or induces any person to execute, make, accept,
indorse, alter or destroy the whole or any part of any val-
uable security, or to write, impress or affix his name, or
the name of any other person or of any company, firm or
co-partnership, or the seal of any body corporate, company
or society, upon or to any paper or parchment, in order that
the same may be afterwards made or converted into or used
or dealt with as a valuable security, is guilty of felony, and
liable to imprisonment for life. 32-33 W., c. 21, s. 47.
6. It shall be immaterial whether the menaces or threats
hereinbefore mentioned are of violence, injury or accusation,
to be caused or made by the offender or by any other person.
32-33 W., c. 21, S. 48.
7. Every one who maliciously sends, delivers or utters,
or directly or indirectly causes to be received, knowing the
contents thereof, any letter or writing threatening to kill or
murder any person, is guilty of felony, and liable to ten
years' imprisonment. 32-33 W., c. 20, s. 15.
8. Every one who sends, delivers or utters, or directly
or indirectly causes to be received, knowing the contents
thereof, any letter or writing threatening to burn or destroy
any house, barn or other building, or any rick or stack of
grain, hay or straw or other agricultural produce, or any
grain, hay or straw or other agricultural produce, in or
under any building, or any ship or vessel, or to kill, maim,
wound, poison or injure any cattle, is guilty of felony, and
liable to ten years' imprisonment. 32-33 W., c. 22, s. 58.
1992
T$86. Threats and other Offences. Chap. 173 3
INTIMIDATION.
$9. Every one who, in pursuance of any unlawful combi- *.
nation or conspiracy to raise the rate of wages, or of any .
unlawful combination or conspiracy respecting any trade,
business or manufacture, or respecting any person concerned
or employed therein, unlawfully assaults any person, or,
in pursuance of any such combination or conspiracy, uses
any violence or threat of violence to any person, with
a view to hinder him from working or being employed at
such trade, business or manufacture, is guilty of a misde-
meanor, and liable to imprisonment for any term less than
two years. 32-33 W., c. 20, s. 42.
19. Every one who beats or uses any violence or threat ºth
of violence to any person, with intent to deter or hinder º tºle
him from buying, selling or otherwise disposing of any ºf flºº
wheat or other grain, flour, meal, malt or potatoes or other hº
produce or goods, in any market or other place, or beats or
uses any such violence or threat to any person having the
charge or care of any wheat or other grain, flour, meal, malt
or potatoes, whilst on the way to or from any city, market,
town or other place, with intent to stop the conveyance of
the same, shall, on summary conviction before two justices
of the peace, be liable to imprisonment, with hard labor, for
any term not exceeding three months. 32-33 W., c. 20, S. 40.
HP. Every one who, unlawfully and with force, hinders Assaults *
or prevents any seaman, Stevedore, ship-carpenter or other º
person usually working at or on board any ship or vessel,
from working at or exercising his lawful trade, business or
Occupation, or beats or uses any violence to any such per-
son with intent to hinder or prevent him from working at
or exercising the same, shall, on summary conviction be-
fore two justices of the peace, be liable to imprisonment,
with hard labor, for any term not exceeding three months.
32-33 W., c. 20, s. 41.
12. Every one who, wrongfully and without lawful au- Certain acts
thority, with a view to compel any other person to abstain ...”
from doing anything which he has a lawful right to do, or to
do anything from which he has a lawful right to abstain, -
(a.) Uses violence to such other person, or his wife or Violence.
children, or injures his property,+
(b.) Intimidates such other person, or his wife or children, Intimidation.
by threats of using violence to him, her or any of them, or
of injuring his property,+
(c.) Persistently follows such other person about from place Following.
to place,—
(d.) Hides any tools, clothes or other property owned or Hiding pro-
used by such other person, or deprives him or hinders him Pºy.
in the use thereof—
1993
4
Threats and other Offences.
Chap. 173. 49 WICT.
Disorderly
following.
Besetting
house, &c.
Penalty.
“Besetting
house ’’ de-
fined.
Proceedings
if person ac-
cused objects
to being trie
by justices.
Description of
offence, and
proof of ex-
ceptions, &c.
Certain per-
Sons not to
act as magis-
trates.
** Trade com-
bination ”
defined.
‘‘ Act ’’ de-
fined.
Prosecution
for conspir-
acy.
(e.) Follows such other person, with one or more other
persons, in a disorderly manner, in or through any street or
road, or—
(f) Besets or watches the house or other place where
such other person resides or works, or carries on business or
happens to be, L-
Shall, on summary conviction before two justices of the
peace, or on indictment, be liable to a fine not exceeding one
hundred dollars, or to imprisonment for a term not exceed-
ing three months:
2. Attending at or near or approaching to such house or
other place as aforesaid, in order merely to obtain or Com-
municate information, shall not be deemed a watching or
besetting within the meaning of this section :
3. Any person accused of any such offence may, on ap-
pearing before the justices, declare that he objects to being
d tried for such offence by such justices; and thereupon such
justices shall not proceed with such trial, but may deal
with the case in all respects as if the accused was charged
with an indictable offence and not with an offence punish-
able on summary conviction, and the accused may be pros-
ecuted on indictment accordingly :
4. It shall be sufficient to describe any such offence in
the words of this section ; and any exception, proviso, ex-
cuse or qualification, whether it does or does not accompany
the description of the offence, may be proved by the defen-
dant, but need not be specified in the information or Com-
plaint, and if so specified and negatived, no proof in relation
to the matter so specified and negatived shall be required
On the part of the informant or prosecutor :
5. No person who is a master, or the father, son or brother
of a master in the particular manufacture, trade or busi-
ness, in or in connection with which any offence under
this section is charged to have been committed, shall act as
a magistrate or justice, in any case of complaint or infor-
mation under this section, or as a member of any court for
hearing any appeal in any such case. 35 W., c. 31, s. 2, part,
and S. 4;-39'W., c. 37, ss, 2 and 3.
18- In this section the expression “trade combination ”
means any combination between masters or workmen or
other persons, for regulating or altering the relations be-
tween any persons being masters or workmen, or the con-
duct of any master or workman, in or in respect of his busi-
ness or employment, or contract of employment or service;
and the expression “act” includes a default, breach or
Ol IllSSIOI] .
2. No prosecution shall be maintainable against any per-
son for conspiracy to do any act, or to cause any act to be
done for the purposes of a trade combination, unless such
act is an offence punishable by statute. 39 V., c. 37, s. 4.
1994
1886. Threats and other Offences. Chap. 173. 5
14. Every person who, before or at the time of the public Preventing
sale of any Indian lands, or public lands of Canada, or of any ;i.
Province of Canada, by intimidation, combination or unfair
management, hinders or prevents, or attempts to hinder or
prevent, any person from bidding upon or purchasing any
lands so offered for sale, is guilty of a misdemeanor, and
liable to a fine not exceeding four hundred dollars or to two
years' imprisonment, or to both. 23 W. (Can.), c. 2, s. 38;
—43 W., c. 28, s. 55. &
CRIMINAT, BREACHLES OF CONTRACT.
15. Every one who,
(a) Wilfully and maliciously breaks any contract made º
by him, knowing or having reasonable cause to believe that ...'..."
the probable consequences of his so doing, either alone or pººr
in combination with others, will be to endanger human life, property.
or to cause serious bodily injury, or to expose valuable pro-
perty, whether real or personal, to destruction or serious
injury, L
(b.) Being under any contract made by him with any ºt º
municipal corporation or authority, or with any company º gº
bound, agreeing or assuming to supply any city or any other
place, or any part thereof, with gas or water, wilfully and
maliciously breaks such contract, knowing or having reason-
able cause to believe that the probable consequences of his
so doing, either alone or in combination with others, will be
to deprive the inhabitants of that city or place, or part
thereof, wholly or to a great extent, of their supply of gas
or Water, or—
(c.) Being under any contract made by him with a rail-Qi'delaying
way company, bound, agreeing or assuming to carry Her Ma- º
jesty's mails, or to carry passengers or freight; or with Her railway cars,
Majesty, or any one on behalf of Her Majesty, in connection * *
with a Government railway on which Her Majesty's mails,
or passengers or freight are carried, wilfully and maliciously
breaks such contract, knowing or having reason to believe
that the probable consequences of his so doing, either alone
or in combination with others, will be to delay or prevent
the running of any locomotive engine, or tender, or freight
or passenger train or car, on the railway,+
Shall, on summary conviction before two justices of the Punishment.
peace, or on indictment, be liable to a penalty not exceeding
One hundred dollars, or to imprisonment for a term not ex-
ceeding three months, with or without hard labor. 40 W.,
c. 35, s. 2.
16- Every municipal corporation or authority or company Breach §
which, being bound, agreeing or assuming to supply any sº
city, or any other place, or any part thereof, with gas or
water, wilfully and maliciously breaks any contract made
by such municipal corporation, authority, or company, know-
1995
Chap. 173. Threats and other Offences. 49 WICT.
Breach of
contract by a
railway com-
pany.
Malice need
not be against
a particular
individual.
ing or having reason to believe that the probable conse-
quences of its so doing will be to deprive the inhabitants of
that city or place or part thereof, wholly, or to a great extent,
of their supply of gas or water, is liable to a penalty not ex-
ceeding one hundred dollars. 40 W., c. 35, s. 3, part.
17. Every railway company which, being bound, agree-
ing or assuming to carry Her Majesty's mails, or to carry
passengers or freight, wilfully and maliciously breaks any
contract made by such railway company, knowing or having
reason to believe that the probable consequences of its so
doing will be to delay or prevent the running of any loco-
motive engine or tender, or freight or passenger train or car,
on the railway, is liable to a penalty not exceeding one hun-
dred dollars. 40 W., c. 35, s. 3, part.
18. Every punishment under the three sections next pre-
ceding imposed on any person maliciously committing any
offence, shall equally apply and be enforced, whether the
offence is committed from malice conceived against the per-
son, corporation, authority or company with which the con-
Certain cor-
Yorations to
eep copies
of these pro-
visions posted
up.
Penalty for
default.
And for injur-
Ing Coples.
Making gift
or offer for
influence re-
specting a
government
COntract.
tract is made or otherwise. 40 W., c. 35, s. 4. *
19. Every such municipal corporation, authority or com-
pany, shall cause to be posted up at the gas works, or water-
works, or railway stations, as the case may be, belonging to
such corporation, authority or company, a printed copy of
this section and the four sections next preceding, in some
conspicuous place, where the same may be conveniently
read by the public ; and as often as such copy becomes de-
faced, obliterated or destroyed, shall cause it to be renewed
with all reasonable despatch :
2. Every such municipal corporation, authority or com-
pany which makes default in complying with the provisions
of this section in relation to such copy as aforesaid, shall
be liable to a penalty not exceeding twenty dollars for every
day during which such default continues; and every person
unlawfully injuring, defacing or covering up any such copy
so posted up, shall be liable, on summary conviction, to a
penalty not exceeding ten dollars. 40 W., c. 35, s. 7.
FRAUDS WITH RESPECT TO CONTRACTS AND BUSINESS WITH
THE GOVERNMENT.
20. Every one who makes any offer, proposal, gift, loan,
promise, agreement, compensation or consideration, directly
or indirectly, to any officer or person in the employment of
the Government of Canada, or of any Province of Canada,
with intent to secure the influence of such officer or person
to promote either the obtaining or the execution of any con-
tract with such government, or the payment of the consid-
eration moneys therefor, and—
1996
1886. Threats and other Offences. Chap. 173. 7
A
Every officer or person in the employment of such gov- ...º.
ernment, who accepts, or agrees to accept, any such offer, º gº or
proposal, gift, loan, promise, agreement, compensation or
consideration,--
Is guilty of a misdemeanor and liable to a fine not ex: Punishment.
ceeding one thousand dollars and not less than one hundred
dollars, and to imprisonment for a term not exceeding one
year and not less than one month, and in default of pay-
ment of such fine, to imprisonment for a further term not
exceeding six months. 46 W., c. 32, s. 1.
21. Every one who, in the case of tenders being called lºgº
for by or on behalf of the Government of Canada, or of any ºve,
Province of Canada, for any contract, directly or indirectly, to obtain such
by himself or by the agency of any other person on his “"“”
behalf, with intent to obtain such contract, either for him-
self or for any other person, proposes or makes any gift,
loan, offer, promise or agreement, or offers or gives any con-
sideration or compensation whatsoever, to any person ten-
dering for such contract, or to any officer or person in the
employment of such government, and— .
Every person so tendering and every officer or person in Accepting
the employment of the said government who accepts or ...""
agrees to accept any such gift, loan, offer, promise, agreement,
consideration or compensation whatsoever, L
Is guilty of a misdemeanor, and liable to a fine not ex-Punishment.
ceeding one thousand dollars and not less than one hundred
dollars, and to imprisonment for a term not exceeding one
year and not less than one month, and, in default of pay-
ment of such fine, to imprisonment for a further term not
exceeding six months. 46 W., c. 32, s. 2.
22. Every one who, being a public officer or paid em- Public officers
ployee of the Government of Canada, or of any Province of .; for
Canada, receives, directly or indirectly, any promise, offer, issistance in
gift, loan, compensation or consideration whatsoever, either ...";
in money or otherwise, from any person whomsoever, for Government.
fraudulently assisting or favoring any individual in the
transaction of any business whatsoever connected with such
government, or for doing so contrary to the duties of his
special position as an officer or employee of the government,
is guilty of a misdemeanor, and liable to a fine not exceeding
two thousand dollars, and shall be incapable, for the term
of five years, of holding any public office; and every one
who makes such offer shall be liable to the same penalty.
46 W., c. 32, s. 3.
23. Every person convicted of any offence under the pro-Qffenders
visions of the three sections next preceding shall beincapable *
of contracting with or holding any contract under any of
the said governments. 46 W., c. 32, s. 4.
1997
8
Chap. 173. Threats and other Offences. - 49 WICT.
Time for
prosecution
limited.
Violation of
Statutes.
Punishment
of violation of
StatuteS.
Fraudl or
cheating.
Destroying or
altering
books, &c.,
to defraud
creditors.
Making away
with property
to defraud
creditors.
Misconduct of
sheriffs and
other officers.
24- No prosecution under the provisions of the four sec-
tions next preceding shall be commenced except within two
years from the commission of the offence. 46 W., c. 32, s. 5.
WILFUL VIOLATION OF STATUTES.
25. Every wilful violation of any Act of the Parliament
of Canada, or of the Legislature of any Province of Canada,
which is not made an offence of some other kind, shall be a
misdemeanor, and punishable accordingly:
2. Whenever any wilful violation of any Act is made an
offence of any particular kind or name, the person guilty of
such violation shall, on conviction thereof, be punishable
in the manner in which such offence is, by law, punishable.
31 W., c. 1, s. 7, paragraphs 20 and 21;-31 V., c. 71, s. 3.
CONSPIRACIES-FRAUDs.
26. Every one who is convicted of fraud, or of cheating,
or of conspiracy, shall, in any case in which no special
punishment is provided by any statute, be liable to seven
years' imprisonment. 32-33 W., c. 29, s. 86.
27. Every one who destroys, alters, mutilates or falsifies
any of his books, papers, writings or securities, or makes, or
is privy to the making of any false or fraudulent entry in
any book of account or other document, with intent to
defraud his creditors, or any one or more of them, is guilty
of a misdemeanor, and liable to six months' imprisonment.
C. S. U. C., c. 26, s. 19.
28- Every one who makes, or causes to be made, any
gift, conveyance, assignment, sale, transfer or delivery of
his lands, hereditaments, goods or chattels, or who removes,
Conceals or disposes of any of his goods, chattels, property
or effects of any description, with intent to defraud his
creditors or any of them, and every one who receives any
such property, real or personal, with such intent, is guilty
of a misdemeanor, and liable to a fine not exceeding eight
hundred dollars, and to one year's imprisonment. C. S. U. C.,
c. 26, s. 20.
MISCONDUCT OF OFFICERS INTRUSTED WITH EXECUTION
OF WIRITS.
29. Every one who, being a sheriff, deputy sheriff, coroner,
elisor, bailiff, constable or other officer intrusted with the
execution of any writ, warrant or process, wilfully miscon-
ducts himself in the execution of the same, or wilfully and
without the consent of the person in whose favor the writ,
Warrant or process was issued, makes any false return there-
to, is guilty of a misdemeanor, and liable to a fine and im-
prisonment, in the discretion of the court. 27-28 W. (Can.),
c. 28, s. 31, part,
1998
1886. Threats and other Offences. Chap 173. 9
EMERACERY.
39. Every one who is guilty of the offence of embracery, Embracery.
and every juror who wilfully and corruptly consents thereto,
is liable, on indictment, to fine and imprisonment. C. S.U.C.,
c. 31, s. 166.
QUITAM ACTIONS—QUEBEC.
31- Every private prosecutor in the Province of Quebec Discontinuing
who, being a plaintiff in a qui tam action, discontinues or #.
suspends such action without the permission or direction -
of the Crown, is guilty of a misdemeanor. 27-28 W. (Can.),
c. 48, S. 2, part. |
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
- Excellent Majesty.
1999
ãº
º
w §
5* 35Wº:
CEIAPTER 174.
An Act respecting procedure in Criminal Cases. A. T) 1886.
|HER Majesty, by and with the advice and consent of the
-- Senate and House of Commons of Canada, enacts as
follows:—
SHORT TITLE.
1. This Act may be cited as “The Criminal Procedure Act.” Short title.
INTERPRETATION.
2. In this and in any other Act of Parliament containing Interpreta-
any provision relating to criminal law, unless the context “”
otherwise requires,—
(a.) The expression “any Act,” or, “any other Act,” includes “Any Act.”
any Act passed or to be passed by the Parliament of Canada, Any other
or any Act passed by the legislature of the late Province of **
Canada, or passed or to be passed by the Legislature of any
Province of Canada, or passed by the legislature of any Pro-
vince included in Canada, before it was included therein ;
(b.) The expression “justice ’’ means a justice of the peace, “Justice.”
and includes two or more justices, if two or more justices
act or have jurisdiction, and also any person having the
power or authority of two or more justices of the peace,—
and one justice may act, unless otherwise specially pro-
vided ;
(c.) The expression “indictment ’’ includes information, . Indigº,
inquisition and presentment as well as indictment, and also ""
any plea, replication or other pleading, and any record ;
(d.). The expression “finding of the indictment” includes Finding of
also the taking of an inquisition, the exhibiting an informa- i.”
tion and the making of a presentment;
(e.) The expression “property” includes goods, chattels, “Property.”
money, valuable securities, and every other matter or thing,
whether real or personal, upon or with respect to which
any offence may be committed ;
(f) The expression “district, county or place ’’ includes District.
any division of any Province of Canada, for purposes relative º Ol
to the administration of justice in criminal cases;
(g) The expression “territorial division” means county, ſº
union of counties, township, city, town, parish or other * 1W IS10I) .
judicial division or place to which the context applies ;

2001
2 Chap. 174. Procedure in Criminal Cases. 49 WICT.
“Court for (h.) The expression “the court for crown cases reserved ’’
“Crown cases e
* ...” means and includes,
(1.) In the Province of Ontario, any division of the High
Court of Justice for Ontario; -
(2.) In the Province of Quebec, the Court of Queen's Bench,
on the appeal side thereof;
(3.) In the Provinces of Nova Scotia, New Brunswick and
British Columbia, the Supreme Court in and for each of the
said Provinces, respectively;
(4.) In the Province of Prince Edward Island, the Supreme
Court of Judicature for that Province ;
(5.) In the Province of Manitoba, Her Majesty's Court of
Queen's Bench for Manitoba ; and—
(6.) In the North-West Territories, the Supreme Court of
the North-West Territories. 32-33 W., c. 29, s. 1, part, and
c. 30, s. 65 ;-46 W., c. 10, s. 5, part –49 W., c. 25, s. 14 ;—
C. S. L. C., c. 77, s. 57, part ; – R. S. N. S. (3rd S.), c. 171,
s. 99, part;-1 R. S. N. B., c. 159, s. 22, part.
- JURISDICTION.
ººf 3. Every superior court of criminal jurisdiction shall have
.* power to try any treason, felony or other indictable offence.
34 W., c. 14, s. 2;-37 W., c. 42, s. 5;-- 40 W., c. 4, s. 4, part.
Certain 4. No Court of General or Quarter Sessions or Recorder's
COurtS not to - º tº -
try certain Court, Inor any Court but a Superlor Court hav ling criminal
offences. jurisdiction, shall have power to try any treason, or any felony
punishable with death, or any libel. 32-33 W., c. 29, s. 12.
.* , 5. Neither the justices of the peace acting in and for any
.." district, county, division, city or place, nor any judge of the
º Sessions of the Peace, nor the recorder of any city, shall, at
* any session of the peace, or at any adjournment thereof,
try any person for any offence under sections twenty-one,
twenty-two and twenty-three of the “Act respecting offences
against the Person.” 32-33 W., c. 20, s. 48.
ºr G. No Court of General or Quarter Sessions of the Peace
tº shall have power to try any offence under any of the provi-
ºffences under sions of sections sixty to seventy-six, both inclusive, of
Larceny Act.
" * “The Larceny Act.” 32-33 W., c. 21, s. 92.
* 7. The judge of the Sessions of the Peace for the city of
...'..." Quebec, the judge of the Sessions of the Peace for the city
alone. of Montreal, and every police magistrate, district magistrate
or stipendiary magistrate appointed for any territorial div-
ision, and every magistrate authorized by the law of the
Province in which he acts, to perform acts usually required
to be done by two or more justices of the peace, may do
alone whatever is authorized by this Act to be done by any
two or more justices of the peace, and the several forms in
2002
1886. Procedure in Criminal Cases Chap. 174.
this Act contained may be varied so far as necessary to ren-
der them applicable to such case. 32-33 W., c. 30, s. 59, and
c. 36, s. 8. -
PLACE OF COMMISSION AND TRIAT, OF OFFENCES.
8. When any offence punishable under the laws of Canada
has been committed within the jurisdiction of the Admiralty
of England, the same may be dealt with, inquired of and
tried and determined in the same manner as any offence com-
mitted within the jurisdiction of any court before which the
offender is brought for trial. 32-33 W., c. 29, s. 136.
9. When any person, being feloniously stricken, poisoned,
or otherwise hurt, upon the sea, or at any place out of Canada,
dies of such stroke, poisoning or hurt, in Canada, or, being
feloniously stricken, poisoned or otherwise hurt at any place
in Canada, dies of such stroke, poisoning, or hurt, upon the
sea, or at any place out of Canada, every offence committed
in respect of any such case, whether the same amounts to
murder or manslaughter, or of being accessory to murder or
manslaughter, may be dealt with, inquired of, tried, deter-
mined and punished in the district, county or place in Can-
ada in which such death, stroke, poisoning or hurt happens,
in the same manner, in all respects, as if such offence had
been wholly committed in that district, county or place.
32-33 W., c. 20, s. 9.
10. When any felony or misdemeanor is committed on
the boundary of two or more districts, counties or places, or
within the distance of one mile of any such boundary, or in
any place with respect to which it is uncertain within which
of two or more distiicts, counties or places it is situate, or
when any felony or misdemeanor is begun in One district,
county or place, and completed in another, every such felony
or misdemeanor may be dealt with, inquired of tried, deter-
mined and punished, in any one of the said districts, counties
or places, in the same manner as if it had been actually and
wholly committed therein. 32-33 W., c. 29, s. 8.
I1. When any felony or misdemeanor is committed on
any person, or on or in respect of any property, in or upon
any coach, wagon, cart or other carriage whatsoever, em-
ployed in any journey, or is committed on any person, or on
or in respect of any property on board any vessel, boat or
raft whatsoever, employed in any voyage or journey upon
any navigable river, canal or inland navigation, such felony
or misdemeanor may be dealt with, inquired of tried, deter-
mined and punished, in any district, county or place, through
any part whereof such coach, wagon, cart, carriage or vessel,
boat or raft, passed in the course of the journey or Voyage
during which such felony or misdemeanor was committed,
Offences com-
mitted within
the jurisdic-
tion of the
Admiralty.
*
If death only
or cause of
death only
happens in
Canada.
Offences com-
mitted on the
confines of
districts, &c.
Offences com-
mitted on
persons or
property in
transit.
48% 2003
Chap. 174. Procedure in Criminal Cases. 40 WICT.
Offences com-
mitted Oil
highways,
rivers, &c.,
dividing two
districts.
Place of trial
after dissolu-
tion of union
of counties to
be as ordered
by the court.
If no order is
made.
Place of trial
of indictable
offence in
such case.
Where
offences in
unorganized
tracts may be
charged to
have been
in the same manner as if it had been actually committed in
such district, county or place. 32-33 W., c. 29, S. 9.
12. Whenever the side, centre, bank or other part of any
highway or of any river, canal or navigation, constitutes the
boundary of any two districts, counties or places, any felony
or misdemeanor mentioned in the two sections next preced-
ing may be dealt with, inquired of, tried, determined and
punished in either of such districts, counties or places,
through or adjoining to, or by the boundary of any part
whereof such coach, wagon, cart, carriage or vessel, boat or
raft, passed in the course of the journey or voyage during
which such felony or misdemeanor was committed, in the
same manner as if it had been actually committed in such
district, county or place. 32-33 W., c. 29, s. 10.
13. If, upon the dissolution of a union of counties, any
information, indictment or other criminal proceeding, in
which the venue is laid in a county of the union is pending,
the court in which such information, indictment or proceed-
ing is pending, or any judge who has authority to make
orders therein, may, by consent of parties, or on hearing the
parties upon affidavit, order the venue to be changed to the
mew county, and all records and papers to be transmitted to
the proper officers of such county,+and in the case of any
such indictment found at any court of criminal jurisdiction,
any judge of a superior court may make the Order:
2. If no such change is directed, all such informations,
indictments and other proceedings shall be carried on and
tried in the senior county :
3. Any person charged with an indictable offence who,
at the time of the disuniting of a junior from a senior county,
is imprisoned on the charge in the gaol of the senior county,
or is under bail or recognizance to appear for trial at any
court in the senior county, and against whom no indictment
has been found before the disunion takes place, shall be
indicted, tried and sentenced in the senior county, unless a
judge of a superior court Orders the proceedings to be con-
ducted in the junior county,+in which event the prisoner or
recognizance, as the case may be, shall be removed to the
latter county and the proceedings shall be had therein ; and
when, in any such case, the offence is charged to have been
committed in a county other than that in which such pro-
ceedings are had, the venue may be laid in the proper county
describing it as “formerly one of the united counties of
.” 29-30 W. (Can.), c. 51, ss. 52, 53 and 55.
14- All crimes and offences committed in any of the unor-
ganized tracts of country in the Province of Ontario, inclu-
ding lakes, rivers and other waters therein, not embraced
within the limits of any organized county, or within any
* 2004
1886. Procedure in Criminal Cases. Chap. 174. 5
provisional judicial district, may be laid and charged to have committed,
been committed and may be inquired of tried and punished "*"
within any county of such Province; and such crime or
offence shall be within the jurisdiction of any court having
jurisdiction over crimes or offences of the like nature com-
mitted within the limits of such county,+before which court
such crime or offence may be prosecuted; and such court
shall proceed therein to trial, judgment and execution or
other punishment for such crime or offence, in the same
manner as if such crime or offence had been committed within
the county where such trial is had :
2. When any provisional judicial district or new county Where to be
is formed and established in any of such unorganized tracts, i.
all crimes and offences committed within the imits of such lºw
provisional judicial district or new county, shall be inquired ... *
of tried and punished within the same, in like manner as º
such crimes or offences would have been inquired of, tried
and punished if this section had not been passed:
3. Any person accused or convicted of any offence in any Persons ac-
such provisional district may be committed to any common ºn-
gaol in the Province of Ontario; and the constable or other crimes in any
officer having charge of such person and intrusted with his ºil,
conveyance to any such common gaol, may pass through #: Hºe
any county, in such Province with such person in his cus-ºº
tody; and the keeper of the common gaol of any county in ºn
such Province in which it is found necessary to lodge for
safe keeping any such person so being conveyed through
such county in custody, shall receive such person and safely
keep and detain him in such common gaol for such period
as is reasonable or necessary; and the keeper of any common
gaol in such Province, to which any such person is com-
mitted as aforesaid, shall receive such person and safely
keep and detain him in such common gaol under his custody
until discharged in due course of law, or bailed in cases in
which bail may by law be taken. C. S. U. C., c. 128, ss. 100,
101 and 105.
15. Whenever any offence is committed in the district of Commitment
Gaspé, the offender, if committed to gaol before trial, may be ...; or
committed to the common gaol of the county in which the Gaspé.
offence was committed, or may, in law, be deemed to have
been committed, and if tried before the Court of Queen’s
Bench, he shall be so tried at the sitting of such court held
in the county to the gaol of which he has been committed,
and if imprisoned in the common gaol after trial he shall be
so imprisoned in the common gaol of the county in which
he has been tried. C. S. L. C., c. 80, s. 6.
16- Every person accused of perjury, bigamy or any offence Venue in the
under the provisions of sections fifty-three, fifty-four and ºrain
fifty-five of “The Larceny Act,” may be dealt with, indicted, `
tried and punished in the district, county or place in which … - .
48].3% 2005
\
\
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Place of trial
of accessories.
No second
prosecution.
Place of trial
of forgery
offences.
And of acces-
Sories in such
C&SCS.
Place of trial
of offences by
kidnapping.
No second
prosecution.
Place of trial
for receiving
stolen goods.
the offence is committed, or in which he is apprehended or
is in custody. 32-33 W., c. 20, s. 58, part, and c. 21, s. 72, part,
and c. 23, s. 8;—33 W., c. 26, s. 1, part.
17. The offence of any person who is an accessory, either
before or after the fact, to any felony, may be dealt with,
inquired of, tried, determined and punished by any court
which has jurisdiction to try the principal felony, or any
felonies committed in any district, county or place in which
the act, by reason whereof such person became such acces-
sory, has been committed : I’rovided, that no person once
duly tried, either as an accessory before or after the fact, or
for a substantive felony, shall be liable to be afterwards pro-
secuted for the same offence. 31 W., c. 72, s. 8 –32-33 W.,
c. 17, s. 2. .
18. Every one who commits any offence against the “Act
Tespecting Forgery,” or commits any offence of forging or
altering any matter whatsoever, or of offering, uttering, dis-
posing of or putting off any matter whatsoever, knowing
the same to be forged or altered, whether the offence in any
such case is indictable at common law, or by virtue of any
Act, may be dealt with, indicted, tried and punished in any
district, county or place in which he is apprehended or is in
custody, in the same manner in all respects as if the offence
had been actually committed in that district, County or
place; and every accessory before or after the fact to any
such offence, if the same is a felony, and every person aiding,
abetting or counselling the commission of any such offence,
if the same is a misdemeanor, may be dealt with, indicted,
tried and punished, in any district, county or place in which
he is apprehended or is in custody, in the same manner in
all respects as if his offence, and the offence of his principal,
had been actually committed in such district, county or place.
32-33 W., c. 19, s. 48.
H9. Every one accused of any offence against the pro-
visions of section forty-six of the “Act respecting Offences
against the Person " may be tried either in the district, county
or place in which the same was committed, or in any district,
county or place into or through which the person kidnapped
or confined was carried or taken while under such confine-
ment; but no person who has been once duly tried for any
such offence shall be liable to be again indicted or tried for
the same offence. 32-33 W., c. 20, s. 71,
20. Every one who receives any chattel, money, valuable
security or other property whatsoever, knowing the same
to have been feloniously or unlawfully stolen, taken, ob-
tained, converted or disposed of, whether charged as an
accessory after the fact to the felony, or with a substantive
Kºlony, or with a misdemeanor 2006
only, may be dealt with, in-
1886. Procedure in Criminal Cases. Chap. 174. 7
dicted, tried and punished in any county, district or place
in which he has or has had any such property in his posses-
sion, or in any county, district or place in which the person
guilty of the principal felony or misdemeanor may, by law,
be tried, in the same manner as such receiver may be dealt
with, indicted, tried and punished in the county, district or
place where he actually received such property. 32-33 W.,
c. 21, s. 105. q
21. Every one who brings into Canada, or has in his pos- ; trial
session therein, any property stolen, embezzled, converted or #.".
obtained by fraud or false pretences in any other country, in ..".
such manner that the stealing, embezzling, converting or stolen, &c.
obtaining it in like manner in Canada, would, by the laws
of Canada, be a felony or misdemeanor, may be tried and
convicted in any district, county or place in Canada into
or in which he brings such property, or has it in possession.
32-33 W., c. 21, s. 112, part.
22- If any person has in his possession in any one part . of trial
of Canada, any chattel, money, valuable security or other pro- 'º
perty whatsoever, which he has stolen or otherwise feloni- stolen in one
ously or unlawfully taken or obtained, by any offence against º
“The Larceny Act,” in any other part of Canada, he may be the property
dealt with, indicted, tried and punished for larceny or theft *
in that part of Canada where he so has such property, in the
same manner as if he had actually stolen, or taken or ob-
tained it in that part ; and if any person in any one part of
Canada receives or has any chattel, money, valuable security
or other property whatsoever, which has been stolen or other-
wise feloniously or unlawfully taken or obtained in any
other part of Canada, such person knowing such property
to have been stolen or otherwise feloniously or unlawfully
taken or obtained, may be dealt with, indicted, tried and
punished for such offence in that part of Canada where he
so receives or has such property, in the same manner as if it
had been originally stolen or taken or obtained in that part.
32-33 W., c. 21, s. 121.
23. If any person tenders, utters, or puts off any false or ºrial
counterfeit coin in any one Province of Canada, or in any sº
one district, county or jurisdiction therein, and also tenders, counterfeit
utters or puts off any other false or counterfeit coin, in any . it."
other Province, district, county or jurisdiction, either on the than one.
day of such first mentioned tendering, uttering or putting
off, or within the space of ten days next ensuing, or if two
or more persons, acting in concert in different Provinces, or
in different districts, counties or jurisdictions therein, commit
any offence against the “Act respecting Offences relating to
the Coin,” every such offender may be dealt with, indicted,
tried and punished, and the offence laid and charged to have
been committed, in any one of the said Provinces, or dis-
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1886. Procedure in Criminal Cases. Chap. 174.
9
29. Any person may apprehend any other person who is
found committing any indictable offence, against the “Act
respecting Offences relating to the Coin,” and convey and
deliver him to a peace officer, constable or officer of police, so
that he may be conveyed, as soon as reasonably may be,
before a justice of the peace, to be dealt with according to
law. 32-33 W., c. 18, s. 33.
T.NFORCING APPEARANCE OF ACCUSEI).
30. Whenever a charge or complaint (A) is made before
any justice of the peace for any territorial division in Canada,
that any person has committed, or is suspected to have com-
mitted, any treason or felony, or any indictable misdemeanor
or offence within the limits of the jurisdiction of such justice,
or that any person guilty or suspected to be guilty of having
Committed any such crime or offence elsewhere out of the
jurisdiction of such justice, is or resides or is suspected to be
or reside within the limits of the jurisdiction of such justice,
then, and in every such case, if the person so charged or
complained against is not in custody, such justice may issue
his warrant (B), to apprehend such person, and to cause him
to be brought before him or any other justice for the same
territorial division. 32-33 W., c. 30, s. 1.
31. The justice to whom the charge or complaint is pre-
ferred, instead of issuing, in the first instance, his warrant to
apprehend the person charged or complained against, may, if
he thinks fit, issue his summons (C) directed to such person,
requiring him to appear before him at the time and place
therein mentioned, or before such other justice of the same
territorial division as shall then be there, and if, after being
served with the summons in manner hereinafter mentioned,
he fails to appear at such time and place, in obedience to such
summons, the justice or any other justice for the same ter-
ritorial division may issue his warrant (D), to apprehend
the person so charged or complained against, and cause such
person to be brought before him, or before some other justice
for the same territorial division, to answer to the charge or
complaint, and to be further dealt with according to law ;
but any justice may, if he sees fit, issue the warrant herein-
before first mentioned, at any time before or after the time
mentioned in the summons for the appearance of the accused
person. 32-33 W., c. 30, s. 2.
32. Whenever any indictable oftence is committed on the
high seas, or in any creek, harbor, haven or other place, in
which the Admiralty of England have or claim to have ju-
risdiction, and whenever any offence is committed on land
beyond the seas for which an indictment may be preferred
or the offender may be arrested in Canada, any justice for
any territorial division in which any person charged with
Apprehension
of person
committing
coinage
offence.
Justice may
grant a war-
rant to Cause
persons
charged with
Certain
offences to be
brought be-
fore him.
Justice may
issue a sum-
mons instead
of a warrant
in the first
instance.
Warrant if
Summons is
disobeyed
Proviso.
As to indict-
able offences
committed on
the high seas,
&c.
2009
10
Chap. 114 Procedure in Criminal Cases. 49 WICT.
Warrant to
apprehend
person
against
whom an in-
dictment is
found.
Commitment,
or bail.
If person in-
dicted is
already in
prison for
some other
offence, jus-
tice may order
him to be
detained.
Bench war-
rants not pre-
vented.
having committed, or suspected of having committed any
such offence, is or is suspected to be, may issue his warrant
(D2), to apprehend such person, to be dealt with as therein
and hereby directed. 32-33 W., c. 30, s. 3.
$$. If an indictment is found by the grand jury in any
court of criminal jurisdiction, against any person then at
large, and whether such person has been bound by any recog- .
mizance to appear to answer to any such charge or not, and if
such person has not appeared and pleaded to the indictment,
the person who acts as clerk of the Crown or chief clerk of
such court shall, at any time, at the end of the term or sit-
tings of the court at which the indictment has been found,
upon application of the prosecutor, or of any person on his
behalf, and on payment of a fee of twenty cents, grant to
such prosecutor or person a certificate (E) of such indictment
having been found; and upon production of such certificate
to any justice for the territorial division in which the offence
is alleged in the indictment to have been committed, or in
which the person indicted resides, or is supposed or sus-
pected to reside or to be, such justice shall issue his warrant
(F), to apprehend the person so indicted, and to cause him to
be brought before him or any other justice for the same ter-
ritorial division, to be dealt with according to law. 32-33 W.,
c. 30, s. 4. -
34. If the person is thereupon apprehended and brought
before any such justice, such justice, upon its being proved
upon oath or affirmation before him that the person so appre-
hended is the person charged and named in the indictment,
shall, without further inquiry or examination, commit (G)
him for trial or admit him to bail as hereinafter mentioned.
32-33 W., c. 30, s. 5. -
35. If the person so indicted is confined in any gaol or
prison for any other offence than that charged in the indict-
ment at the time of such application and production of such
certificate to the justice, such justice, upon its being proved
before him, upon oath or affirmation, that the person so
indicted and the person so confined in prison are one and
the same person, shall issue his warrant (H) directed to the
gaoler or keeper of the gaol or prison in which the person
so indicted is then confined, commanding him to detain
such person in his custody until he is removed therefrom
by writ of habeas corpus, or by order of the proper court,
for the purpose of being tried upon the said indictment, or
until he is otherwise removed or discharged out of his cus-
tody by due course of law. 32-33 W., c. 30, s. 6. -
36. Nothing hereinbefore contained shall prevent the
issuing or execution of bench warrants, whenever any court
of competent jurisdiction thinks proper to order the issuing
of any such warrant, 32-33 W., c. 30, s. 7.
2010
1886. Procedure in Criminal Cases. Chap. 174. 1I
*.
37. Amy justice may grant or issue any warrant as afore-Warrant may
e - be issued on
said, or any search warrant, on a Sunday or other statutory ...
holiday, as well as on any other day. 32-33 W., c. 30, s. 8.
38. Whenever a charge or complaint for any indictable Ifa warran is
e º * , gº fº tº 6 ſº º e to be issued,
offence is made before any justice, if it is intended to issue a j
warrant in the first instance against the person charged, an to º
information and complaint thereof (A) in writing, on the * *
oath or affirmation of the informant, or of some witness or
witnesses in that behalf, shall be laid before such justice.
32-33 W., c. 30, s. 9.
39. When it is intended to issue a summons instead of a And so in case.
te e * fºre e g of summons,
warrant in the first instance, the information and complaint hijº-
shall also be in writing, and be sworn to or affirmed in wº-
e Vl iº
manner aforesaid, except whenever, by some Act or law,
it is specially provided that the information and complaint
may be by parol merely, and without any oath or affirmation
to support or substantiate the same. 32-33 W., c. 30, s. 10.
40. The justice receiving any information and complaint Upºn.cºm.
* * & * - gº e J plaint, justice
as aforesaid, if he thinks fit, may issue his summons or j
warrant as hereinbefore directed, to cause the person charged º
gº W 3.] I’8, Il T
to be and appear as thereby directed ; and every summons ... of
(C) shall be directed to the person so charged by the inform- £iºd
& . - e ſº * • Or sº
ation, and shall state shortly the matter of such information, *
and shall require the person to whom it is directed to be
and appear at a certain time and place therein mentioned,
before the justice who issues the summons, or before such
other justice for the same territorial division as shall then
be there, to answer to the charge and to be further dealt
with according to law. 32-33 W., c. 30, s. 13.
41. Every such summons shall be served by a constable ...
or other peace officer, upon the person to whom it is directed, tº dºs
by delivering the same to such person, or if he cannot con-
veniently be so served, then by leaving the same for him
with some person at his last or usual place of abode. 32-33 W.,
c. 30, s. 14.
42. The constable or other peace officer who serves the Constables,
º & g tendº
same, shall attend at the time and place, and before the jus-º º
tice in the summons mentioned, to depose, if necessary, to service.
the service of the summons. 32-33 W., c. 30, s. 15.
, 43. If the person served does not appear before the justice ºf ºn-
at the time and place mentioned in the summons, in obe: .
dience to the same, the justice may issue his warrant (D) justice mºy
for apprehending the person so summoned, and bringing ...""
him before such justice, or before some other justice for the
same territorial division, to answer the charge in the inform-
ation and complaint mentioned, and to be further dealt
with according to law. 32-33 W., c. 30, s. 16.
2011
12
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Warrant to
apprehend to
be under the
hand and seal
of justice : to
whom to be
addressed, &c.
44. Every warrant (B) issued by any justice to apprehend
any person charged with any indictable offence shall be
under the hand and seal of the justice issuing the same,
and may be directed to all or any of the constables or other
peace officers of the territorial division within which the
same is to be executed, or to any such constable and all
other constables or peace officers in the territorial division
within which the justice issuing the same has jurisdiction,
or generally to all the constables or peace officers within
What it shall
set forth.
Affixing seal
and effect
thereof.
Warrant in
force until
‘executed.
How and
where a war-
rant may be
executed.
When any
constable,
&c., may exe-
Cºllte Warrant.
such last mentioned territorial division; and it shall state
shortly the offence on which it is founded, and shall name
or otherwise describe the offender; and it shall order the
person or persons to whom it is directed to apprehend the
offender, and bring him before the justice issuing the war-
rant, or before some other justice for the same territorial
division, to answer the charge contained in the information,
and to be further dealt with according to law. 32-33 W.,
c. 30, s. 17.
45. If, in any warrant or other instrument or document
issued in any Province of Canada, at any time, by any jus-
tice, it is stated that the same is given under the hand and
seal of any justice signing it, such seal shall be presumed
to have been affixed by him, and its absence shall not inval-
idate the instrument, or such justice may, at any time there-
after, affix such seal, with the same effect as if it had been
affixed when such instrument was signed. 32-33 W., c. 36,
S. 4, part.
46. It shall not be necessary to make the warrant return-
able at any particular time, but the same shall remain in
force until executed. 32-33 W., c. 30, s. 18.
47. Such warrant may be executed by apprehending the
offender at any place in the territorial division within which
the justice issuing the same has jurisdiction, or in case of
fresh pursuit, at any place in the next adjoining territorial
division, and within seven miles of the border of the first
mentioned territorial division, without having the warrant
backed as hereinafter mentioned. 32-33 W., c. 30, s. 19.
4S. If any warrant is directed to all constables or other
peace officers in the territorial division within which the
justice has jurisdiction, any constable or other peace officer
for any place within such territorial division may execute
the warrant at any place within the jurisdiction for which
the justice acted when he granted such warrant, in like
manner as if the warrant had been directed specially to such
constable by name, and notwithstanding the place within
which such warrant is executed is not within the place for
which he is constable or peace officer. 32-33 W., c. 30, s. 20.
2012
A-l *
1886. Procedure in Criminal Cases. Chap. 174. 13
49. If the person against whom any warrant has been Prºvisions as
* ſº e 8 ° tº tº e º º e tº e o the in-
issued cannot be found within the jurisdiction of the justice àojnºt of
by whom the same was issued, or if he escapes into, or is warrants.
supposed or is suspected to be, in any place within Canada,
out of the jurisdiction of the justice issuing the warrant,
any justice within the jurisdiction of whom the person so
escapes, or in which he is or is suspected to be, upon proof
alone being made on oath or affirmation of the handwriting
of the justice who issued the same, without any security
being given, shall make an indorsement (I) on the warrant,
signed with his name, authorizing the execution of the
warrant within the jurisdiction of the justice making the
indorsement; and such indorsement shall be sufficient au- Effect of such
thority to the person bringing such warrant, and to all ”
other persons to whom the same was originally directed,
and also to all constables and other peace officers of the
territorial division where the warrant has been so indorsed,
to execute the same in such other territorial division, and to
Carry the person against whom the warrant issued, when
apprehended, before the justice who first issued the warrant,
or before some other justice for the same territorial division,
or before some justice of the territorial division in which
the offence mentioned in the warrant appears therein to have
been committed. 32-33 W., c. 30, s. 23. -
50. If the prosecutor or any of the witnesses for the pro-Proceedings
secution are then in the territorial division where such ... ."
person has been apprehended, the constable or other person
or persons who have apprehended him may, if so directed by
the justice backing the warrant, take him before the justice
who backed the warrant, or before some other justice for
the same territorial division or place; and the said justice
may thereupon take the examination of such prosecutor or
witnesses, and proceed in every respect in the manner here-
inafter directed, with respect to persons charged before a
justice with an offence alleged to have been committed in
another territorial division than that in which such persons
have been apprehended. 32-33 W., c. 30, s. 24.
SEARCH wattſ ANTS AND SEARCHES.
51- If a credible witness proves, upon oath (K) before a Search war-
justice, that there is reasonable cause to suspect that any º
property whatsoever, on or with respect to which any lar- certain cases.
ceny or felony has been committed, is in any dwelling-house,
out-house, garden, yard, croft or other place or places, the
justice may grant a warrant (K2), to search such dwelling-
house, garden, yard, croft or other place or places for such
property, and if the same, or any part thereof, is then found,
to bring the same and the person or persons in whose pos-
session such house or other place then is, before the justice
granting the warrant, or some other justice for the same
territorial division. 32-33 W., c. 30, s. 12.
20 i 3
14
Chap. 174. Procedure in Criminal cases. 49 WICT,
And in cer-
tain other
C3S6S,
Search war-
rant for gold,
silver, quartz,
&c.
Order, if the
same is found.
Appeal on
certain condi-
tionS.
Search for
timber, lum-
ber, &c.,
unlawfully
detained.
Search for
paper or im-
plements
employed in
any forger
52. If any credible witness proves, upon oath before any
justice, a reasonable cause to suspect that any person has in
his possession or on his premises any property whatsoever,
on or with respect to which any offence, punishable either
upon indictment or upon summary conviction, by virtue of
“The Larceny Act” or the “Act respecting the protection of the
Property of Seamen in the Navy,” has been committed, the
justice may grant a warrant to search for such property, as
in the case of stolen goods. 32-33 W., c. 21, s. 117, part ;
—33 W., c. 31, s. 5, part. - .
53- On complaint in writing made to any justice of the
county, district or place, by any person interested in any
mining claim, that mined gold or gold-bearing quartz, or
mined or unmanufactured silver or silver ore, is unlawfully
deposited in any place, or held by any person contrary to
haw, a general search warrant may be issued by such justice,
as in the case of stolen goods, including any number of
places or persons named in such complaint; and if, upon
such search, any such gold or gold-bearing quartz, or silver
or silver ore is found to be unlawfully deposited or held,
the justice shall make such order for the restoration thereof
to the lawful owner as he considers right :
2. The decision of such justice shall be subject to appeal,
as in ordinary cases on summary conviction ; but before such
appeal shall be allowed, the appellant shall enter into a re-
cognizance in the manner provided by law in cases of appeal
from summary convictions, to the value of the gold or other
property in question, that he will prosecute his appeal at
the next sittings of any court having jurisdiction in that
behalf, and will pay the costs of the appeal in case of a de-
cision against him, Land, if the defendant appeals, that he
will pay such fine as the court may impose, with costs.
32-33 W., c. 21, ss. 33 and 34. -
54. If any constable or peace officer has reasonable cause
to suspect that any timber, mast, spar, saw-log or other de-
scription of lumber, belonging to any lumberman or owner
of lumber, and bearing the registered trade mark of such
lumberman or owner of lumber, is kept or detained in any
saw-mill, mill-yard, boom or raft, without the knowledge or
consent of the owner, such constable or peace officer may
enter into or upon the same, and search or examine, for the
purpose of ascertaining whether such timber, mast, spar,
saw-log or other description of lumber is detained therein
without such knowledge and consent. 38 W., c. 40, s. 1, part.
55. If it is made to appear, by information on oath or
affirmation before a justice, that there is reasonable cause to
believe that any person has in his custody or possession,
and for forged without lawful authority or excuse, any Dominion or Pro-
instruments.
Vincial note, or any note or bill of any bank or body corpo-
2014
1886. Procedure in Criminal Cases. Chap. 174.
15
rate, company or person carrying on the business of bankers,
or any frame, mould, or implement for making paper in
imitation of the paper used for such notes or bills, or any
such paper, or any plate, wood, stone or other material,
having thereon any words, forms, devices or characters capa-
ble of producing or intended to produce the impression of
any such note or bill or any part thereof, or any tool, imple-
ment or material used or employed, or intended to be used
or employed, in or about any of the operations aforesaid, or
any forged security, document or instrument whatsoever,
or any machinery, frame, mould, plate, die, seal, paper or
other matter or thing used or employed, or intended to be
used or employed, in the forgery of any security, document
or instrument whatsoever, such justice may, if he thinks fit,
grant a warrant to search for the same ; and if the same is
found upon such search, it shall be lawful to seize and carry
the same before some justice of the district, county or place,
to be by him disposed of according to law ; and all such
matters and things so seized as aforesaid shall, by order of
the court by which any such offender is tried, or if there is
no such trial, then by order of some justice of the peace, be
defaced and destroyed, or otherwise disposed of as such court
or justice directs. 32-33 W., c. 19, s. 53.
56. If any person finds or discovers, in any place whatso-
ever, or in the custody or possession of any person having the
same without lawful authority or excuse, any false or coun-
terfeit coin resembling or apparently intended to resemble or
pass for any current gold, silver or copper coin, or any coin
of any foreign prince, state or country, or any instrument,
tool or engine whatsoever, adapted and intended for the coun-
terfeiting of any such coin, or any filings or clippings, or any
gold or silver bullion, or any gold or silver, in dust, solution
or otherwise, which has been produced or obtained by dim-
inishing or lightening any current gold or silver coin, the
person so finding or discovering shall seize and carry the
same forth with before a justice :
2. If it is proved, on the oath of a credible witness, before
any justice, that there is reasonable cause to suspect that any
person has been concerned in counterfeiting current gold,
silver or copper coin, or any foreign or other coin mentioned
in the “Act respecting Offences relating to the Coin,” or has in
his custody or possession any such false or counterfeit coin,
or any instrument, tool or engine whatsoever, adapted and
intended for the making or counterfeiting of any such coin,
or any other machine used or intended to be used for making
or counterfeiting any such coin, or any such filings, clippings
or bullion, or any such gold or silver, in dust, solution or
otherwise, as aforesaid, any justice may, by warrant under
his hand, cause any place whatsoever belonging to or in the
occupation or under the control of such suspected person to
The same may
be destroyed
by order of
the COUlrt.
Counterfeit
coin, &c., and
coining tools
to be seized.
Search for
counterfeit
coin and coin-
ing tools.
20 ! 5
16 Chap. 174. Procedure in Criminal Cases. 49 WICT,
be searched, either in the day or in the might, and if any such
false or counterfeit coin, or any such instrument, tool or
engine, or any such machine, or any such filings, clippings
or bullion, or any such gold or silver, in dust, solution or
otherwise, as aforesaid, is found in any place so searched, to
cause the same to be seized and carried forth with before a
justice:
How counter. 3. Whenever any such false or counterfeit coin, or any such
...; * instrument, tool or engine, or any such machine, or any such
tools shall be filings, clippings or bullion, or any such gold or silver, in dust,
. ºf * solution or otherwise, as aforesaid, is in any case seized and
carried before a justice, he shall, if necessary, cause the same
to be secured, for the purpose of being produced in evidence
against any person prosecuted for an offence against such Act;
and all such false and counterfeit coin, and all instruments,
tools and engines adapted and intended for the making or
counterfeiting of coin, and all such machines, and all such
filings, clippings and bullion, and all such gold and silver,
in dust, solution or otherwise, as aforesaid, after they have
been produced in evidence, or when they have been seized
and are not required to be produced in evidence, shall forth-
with be defaced, by the order of the court, or otherwise dis-
posed of as the court directs. 32-33 W., c. 18, s. 27.
DROC EEDINGS ON AIPPEARANCE.
Place of exa- 57. The room or building in which the justice takes the
*ion nºt examination and statement shall not be deemed an open
an open court. e -: i.e. s . * * tº
court; and the justice, in his discretion, may order that no
person shall have access to or be or remain in such room or
building without his consent or permission, if it appears to
him that the ends of justice will be best answered by so doing.
32-33 W., c. 30, s. 35.
No objection 58. No objection shall be taken or allowed to any inform-
#: #. et ation, complaint, summons or warrant, for any defect therein
in substance in substance or in form, or for any variance between it and
or form. the evidence adduced on the part of the prosecution, before
the justice who takes the examination of the witnesses in
that behalf. 32-33 W., c. 30, ss, 11 and 21. .
If variance is 59. If it appears to the justice that the person charged
º has been deceived or misled by any such variance in any
adjourned summons or warrant, such justice, at the request of the per-
son charged, may adjourn the hearing of the case to some
future day, and in the meantime may remand such person,
or admit him to bail, as hereinafter mentioned. 32-33 W.,
c. 30, s. 22.
i...ºf 60. If it is made to appear to any justice, by the oath or
mon wit- affirmation of any credible person, that any person within
In CSSèS to Canada is likely to give material evidence for the prosecution,
2016
1886. Procedure in Criminal Cases. Chap. 174. 17
and will not voluntarily appear for the purpose of being ex- alºnd, and
amined as a witness at the time and place appointed for the jº
examination of the witnesses against the accused, such jus-
tice shall issue his summons (L) to such person, requiring
him to be and appear before him at a time and place therein
mentioned, or before such other justice for the same terri-
torial division as shall then be there, to testify what he knows
concerning the charge made against the accused person.
32-33 W., c. 30, s. 25. - -
61. If any person so summoned neglects or refuses to ap- º is.
pear at the time and place appointed by the summons, and ºy
no just excuse is offered for such neglect or refusal, (after ...tº
proof upon oath or affirmation of the summons having been ...
served upon such person, personally or by being left with some
person for him at his last or usual place of abode), the justice
before whom such person should have appeared may issue a
warrant (L 2), to bring such person, at a time and place
therein mentioned, before the justice who issued the sum-
mons, or before such other justice for the same territorial divi-
sion as shall then be there, to testify as aforesaid, and, if
necessary, the said warrant may be backed as hereinbefore
mentioned, so that it may be executed out of the jurisdiction
of the justice who issued the same. 32-33 W., c. 30, s. 26.
62. If the justice is satisfied, by evidence upon oath or In certain
affirmation, that it is probable the person will not attend to sº
give evidence unless compelled so to do, then, instead of first instance.
issuing such summons, the justice may issue his warrant
(L 3) in the first instance, and the warrant, if necessary, may
be backed as aforesaid. 32-33 W., c. 30, s. 27.
63. If, on the appearance of the person so summoned, Person;
e º - t - appearing on
either in obedience to the summons or by virtue of the war- j
rant, he refuses to be examined upon oath or affirmation refusing to be
- e º g examined
concerning the premises, or refuses to take such oath or affir- ...,m-
mation, or having taken such oath or affirmation, refuses to mitted.
answer the questions then put to him concerning the pre-
mises, without giving any just excuse for such refusal, any
justice then present and there having jurisdiction may, by
warrant (L 4) commit the person so refusing to the common
gaol or other place of confinement, for the territorial division
where the person so refusing then is, there to remain and be
imprisoned for any term not exceeding ten days, unless he
in the meantime consents to be examined and to answer con-
cerning the premises. 32-33 W., c. 30, s. 28.
64. If, from the absence of witnesses or from any other Persºn ac:
te • * * ** º cused may be
reasonable cause, it becomes necessary or advisable to defer .nj
the examination or further examination of the witnesses for ſº º: to
any time, the justice before whom the accused appears or ...” ”
has been brought may, by his warrant (M), from time to
2017
18 Chap. 174. Procedure in Criminal Cases. 49 WICT.
time, remand the person accused to the common gaol in the
territorial division for which such justice is then acting, for
such time as he deems reasonable, not exceeding eight clear
days at any one time. 32-33 W., c. 30, S. 41.
sºr for three 65. If the remand is for a time not exceeding three clear
'days only by e & - sº
Jºãº dº days, the justice may verbally order the constable or other
person in whose custody the accused person then is, or any
other constable or person named by the justice in that behalf,
to keep the accused person in his custody, and to bring him
before the same or such other justice as shall be there act-
() ing, at the time appointed for continuing the examination.
32-33 W., c. 30, s. 42.
&Person ac- 66- Any such justice may order the accused person to be
Gused may be ę * - * tº •
iro.httpºn brought before him, or before any other justice for the same
an earlier day, territorial division, at any time before the expiration of the
time for which such person has been remanded, and the
gaoler or officer in whose custody he then is shall duly obey
such order. 32-33 W., c. 30, s. 43.
Alº to 67. Instead of detaining the accused person in custody
... during the period for which he has been so remanded, any
sº one justice, before whom such person has appeared or been
brought, may discharge him, upon his entering into a re-
cognizance (M 2, 3), with or without sureties, in the discre-
tion of the justice, conditioned for his appearance at the time
and place appointed for the continuance of the examination.
32-33 W., c. 30, s. 44.
tº , 6s. If the accused person does not afterwards appear at
does not the time and place mentioned in the recognizance, the said
ºppºal agº, justice, or any other justice who is then and there present,
:...having certified (M 4) upon the baok of the recognizance
recognizance. 8-) 85
the non-appearance of such accused person, may transmit
the recognizance to the clerk of the court where the accused
person is to be tried, or other proper officer appointed by
law, to be proceeded upon in like manner as other recogni-
Zances; and such certificate shall be primá facie evidence of
the non-appearance of the accused person. 32-33 W., c. 30,
S. 45. -
łºńination 69. Whenever any person appears or is brought before
of witnesses e e •' . & de
to be in jº any justice charged with any indictable offence,—whether
pºsºnce of committed in Canada, or upon the high seas, or on land
the accused,
&c. beyond the sea, and whether such person appears volun-
tarily upon summons or has been apprehended, with or
without warrant, or is in custody for the same or any other
offence,—such justice, before he commits such accused person
to prison for trial or before he admits him to bail, shall, in
the presence of the accused person (who shall be at liberty
to put questions to any witness produced against him), take
2018
1886. Procedure in Criminal Cases. Chap 174. 19
the statements (N) on oath or affirmation of those who know
the facts and circumstances of the case, and shall reduce the
same to writing; and such depositions shall be read over to
and signed respectively by the witnesses so examined, and
shall be signed also by the justice taking the same; and the Witnesses to
justice shall, before any witness is examined, administer to **
such witness the usual oath or affirmation. 32-33 W., c. 30,
SS. 29 and 30, part.
70. After the examinations of all the witnesses for the After exami-
prosecution have been completed, the justice or one of the ...,
justices, by or before whom the examinations have been depositions
completed, shall, without requiring the attendance of the tº
Witnesses, read or cause to be read to the accused, the depo- and caution'
sitions taken against him, and shall say to him these words, *ē, ºy
or words to the like effect : “Having heard the evidence, may make.
“do you wish to say anything in answer to the charge 2
“You are 1-of obliged to say anything unless you desire to
“do so, but whatever you say will be taken down in writ-
“ing, and may be given in evidence against you at your
* trial ; ” and whatever the prisoner then says in answer
thereto shall be taken down in writing (O) and read over to
him, and shall be signed by the justice, and kept with the
depositions of the witnesses, and shall be transmitted with
them, as hereinafter mentioned. 32-33 W., c. 30, s. 31.
71. The justice shall, before the accused makes any state- Explanations
ment, state to him and give him clearly to understand that ...”
he has nothing to hope from any promise of favor, and person.
nothing to fear from any threat which may have been held
out to him to induce him to make any admission or confes-
sion of his guilt, but that whatever he then says may be
given in evidence against him upon his trial, notwithstand-
ing such promise or threat. 32-33 W., c. 30, s. 32.
72. Nothing herein contained shall prevent any prosecu- Not to pre-
tor from giving in evidence any admission or confession, or ...;
other statement, made at any time by the person accused or confession,
charged, which by law would be admissible as evidence **
against him. 32-33 W., c. 30, s. 33.
73. When all the evidence offered upon the part of the Discharge if
prosecution against the accused has been heard, if the justice ...
is of opinion that it is not sufficient to put the accused upon -
his trial for any indictable offence, such justice shall forth-
with order the accused, if in custody, to be discharged as to
the information then under inquiry ; but if in the opinion Admission to
of such justice the evidence is sufficient to put the accused ‘’”
upon his trial for an indictable offence, although it may not
raise such a strong presumption of guilt as would induce
him to commit the accused for trial without bail, or if the
offence with which the person is accused is a misdemeanor,
49% 2019
20
Chap. 174. Procedure in Criminal Cases. 49 Vict.
Committal in
Certain CaSeS
*.
As to bail
after com-
mittal for
trial.
Person ac-
then the justice shall admit the accused to bail, as herein-
after provided; but if the offence is a felony, and the evidence
given is such as to raise a strong presumption of guilt, then
the justice shall, by his warrant (P), commit the accused to
the common gaol for the territorial division to which, by
law, he may be committed,—or in the case of an indictable
offence committed on the high seas or on land beyond the
sea, to the common gaol of the territorial division within
which such justice has jurisdiction, to be there safely kept
until delivered in due course of law : Provided, that in cases
of misdemeanor the justice who has committed the accused
for trial may, at any time before the first day of the sitting
of the court at which the accused is to be tried, admit him
to bail in manner aforesaid, or may certify on the back of
the warrant of committal the amount of bail to be required,
in which case any justice for the same territorial division
may admit such person to bail in such amount, at any time
before such first day of the sitting of the court aforesaid.
32-33 W., c. 30, s. 56.
74. At any time after all the examinations have been
cused entitled completed, and before the first sitting of the court at which
to a copy of
depositions.
Justice may
bind over the
prosecutors
and wit-
InêSSes.
Recogniz-
ances to be
Subscribed
by justice,
&c.
Recogniz-
ances, &c.,
to be trans-
any person so committed to prison or admitted to bail is to
be tried, such person may require and shall be entitled to
have from the officer or person having the custody of the
same, copies of the depositions on which he has been com-
mitted or bailed, on payment of a reasonable sum for the
same, not exceeding the rate of five cents for each folio of
one hundred words. 32-33 W., c. 30, s. 58.
RECOGNIZANCES TO PROSECUTE OR GIVE EVIDENCE.
75- Any justice before whom any witness is examined,
may bind, by recognizance (Q), the prosecutor and every such
witness (except married women and infants, who shall find
security for their appearance, if the justice sees fit) to appear
at the next court of competent criminal jurisdiction at which
the accused is to be tried, then and there to prosecute, or
prosecute and give evidence, or to give evidence, as the case
may be, against the person accused, which recognizance shall
particularly specify the place of residence and the addition
or occupation of each person entering into the same. 32-33 W.,
c. 30, s. 36.
76. The recognizance, being duly acknowledged by the
person entering into the same, shall be subscribed by the
justice before whom the same is acknowledged, and a notice
(Q. 2) thereof, signed by the said justice, shall, at the same
time, be given to the person bound thereby. 32-33 W., c. 30,
s. 37.
77. The several recognizances so taken, together with the
written information, if any, the depositions, the statement
2020
1886. Procedure in Criminal Cases. Chap. 174. 21
of the accused, and the recognizance of bail, if any, shall be mitted to the
delivered by the justice, or he shall cause the same to be ºne
delivered to the proper officer of the court in which the trial trial is to be
is to be had, before or at the opening of the court on the first"
day of the sitting thereof, or at such other time as the judge,
justice or person who is to preside at such court, or at the
trial, orders and appoints. 32-33 W., c. 30, s. 38.
78. If any witness refuses to enter into recognizance, the Witness re-
justice, by his warrant (R), may commit him to the common tºº
gaol for the territorial division in which the person accused nizances may
is to be tried, there to be imprisoned and safely kept until "“”
after the trial of such accused person, unless in the mean-
time such witness duly enters into a recognizance before a
justice for the territorial division in which such gaol is
situate. 32-33 W., c. 30, s. 39.
79. If afterwards, for want of sufficient evidence in that Release if per-
behalf, or other cause, the justice before whom the accused i. IS
person has been brought does not commit him or hold him
to bail for the offence charged, such justice, or any other
justice for the same territorial division, by his order (R 2)
in that behalf, may order and direct the keeper of the gaol
where the witness is in custody to discharge him from the
same, and such keeper shall thereupon forthwith discharge
him accordingly. 32-33 W., c. 30, s. 40.
sº. If any charge or complaint is made before any jus- ºg.
tice that any person has committed, within the jurisdiction **
of such justice, any of the offences following, that is to say : fences.
perjury, subornation of perjury, conspiracy, obtaining money
or other property by false pretences, forcible entry or detainer,
nuisance, keeping a gambling house, keeping a disorderly
house, or any indecent assault, and such justice refuses to
commit or to bail the person charged with such offence, to
be tried for the same, then, if the prosecutor desires to prefer
an indictment respecting the said offence, the said justice
shall take the recognizance of such prosecutor, to prosecute
the said charge or complaint, and transmit the recognizance,
information and depositions, if any, to the proper officer, in
the same manner as such justice would have done in case
he had committed the person charged to be tried for such
offence. 32-33 W., c. 29, s. 29 ;-40 W., c. 26, s. 2.
BAIL.
81. When any person appears before any justice charged Two justices
with a felony, or suspicion of felony, other than treason or ; º
felony punishable with death, or felony under the “Act re-gharged with
specting Treason and other Offences against the Queen's author- ºś.
ity,” and the evidence adduced is, in the opinion of such ;
justice, sufficient to put the accused on his trial, but does
49.3% 2021
22 Chap. 174. Procedure in Criminal Cases. 49 WICT.
not furnish such a strong presumption of guilt as to Warrant
his committal for trial, the justice, jointly, with some other
justice, may admit the accused to bail upon his procuring
and producing such surety or sureties as, in the opinion of
the two justices, will be sufficient to insure his appearance
at the time and place when and where he ought to be tried
for the offence; and thereupon the two justices shall take the
recognizances (S and S 2) of the accused and his sureties,
conditioned for his appearance at the time and place of trial,
and that he will then surrender and take his trial and not
And one depart the court without leave; and when the offence com-
...is mitted or suspected to have been committed is a misde-
demeanor, meanor, any one justice before whom the accused appears
may admit to bail in manner aforesaid, and such justice
may, in his discretion, require such bail to justify upon oath
as to their sufficiency, which oath the said justice may ad-
minister; and in default of such person procuring sufficient
bail, such justice may commit him to prison, there to be
kept until delivered according to law. 32-33 W., c. 30, s. 52.
º, , S2. In all cases of felony, or suspicion of felony, other
may § than treason or felony punishable with death, or felony under
pºol, ºn the “Act respecting Treason and other Offences against the
mitted for 3 . . 4... ?? º g *
i., i. Queen's authority,” and in all cases of misdemeanor, where
ºted to the accused has been finally committed as herein provided,
8.11 . any judge of any superior or county court, having jurisdic-
tion in the district or county within the limits of which
the accused is confined, may, in his discretion, on applica-
tion made to him for that purpose, order the accused to be
admitted to bail on entering into recognizance with sufficient
sureties before two justices, in such amount as the judge
directs, and thereupon the justices shall issue a warrant of
deliverance (S 3) as hereinafter provided, and shall attach
thereto the order of the judge directing the admitting of the
accused to bail. 32-33 W., c. 30, s. 53.
Certain offen- 88. No judge of a county court or justices shall admit
iº, any person to bail accused of treason or felony punishable
judge's with death, or felony under the “Act respecting Treason and
order. other Offences against the Queen's authority,” nor shall any
such person be admitted to bail, except by order of a superior
court of criminal jurisdiction for the Province in which the
accused stands committed, or of one of the judges thereof, or
in the Province of Quebec, by order of a judge of the Court
of Queen's Bench or Superior Court ; and nothing herein
contained shall prevent such courts or judges admitting any
person accused of felony or misdemeanor to bail when they
think it right so to do. 32-33 W., c. 30, s. 54.
ºil... sº. Whenever any justice or justices admit to bail, any
j person who is then in any prison charged with the offence
* Yarrant of for which he is so admitted to bail, such justice or justices
deliverance. 2022 t
1886. Procedure in Criminal Cases. Chap. 174. 23
shall send to or cause to be lodged with the keeper of such
prison, a warrant of deliverance (S 3) under his or their hands
and seals, requiring the said keeper to discharge the person
so admitted to bail if he is detained for no other offence, and
upon such warrant of deliverance being delivered to or
lodged with such keeper, he shall forthwith obey the same.
32-33 W., c. 30, s. 55.
DELIVERY OF ACCUSED TO PRISON.
85. The constable or any of the constables, or other per- Conveyance
son to whom any warrant of commitment authorized by this . *
or any other Act or law is directed, shall convey the accused .
person therein named or described to the gaol or other prison
mentioned in such warrant, and there deliver him, together
with the warrant, to the keeper of such gaol or prison, who
shall thereupon give the constable or other person delivering
the prisoner into his custody, a receipt (T) for the prisoner,
setting forth the state and condition of the prisoner when
delivered into his custody. 32-33 W., c. 30, s. 57.
PROCEEDINGS WHERE OFFENDER IS APPREHENDED IN A DIS-
TRICT IN WEHICH THE OFFENCE WAS NOT COMMITTED,
86. Whenever a person appears or is brought before a If a person is
justice in the territorial division, wherein such justice has º.º.
jurisdiction, charged with an offence alleged to have been ion for an
committed within any territorial division in Canada wherein ..."
such justice has not jurisdiction, such justice shall examine another, he
such witnesses and receive such evidence in proof of the .º.
charge as may be produced before him within his jurisdic-former, and
tion; and if in his opinion, such testimony and evidence ...'"
are sufficient proof of the charge made against the accused,
the justice shall thereupon commit him to the common gaol
for the territorial division where the offence is alleged to have
been committed, or shall admit him to bail as hereinbefore
mentioned, and shall bind over the prosecutor (if he has
appeared before him) and the witnesses, by recognizance as
hereinbefore mentioned. 32-33 W., c. 30, s. 46.
87. If the testimony and evidence are not, in the opinion. If evidençºis
of the justice, sufficient to put the accused upon his trial for *
the offence with which he is charged, the justice shall, by it may be
recognizance, bind over the witness or witnesses whom he º,
has examined to give evidence as hereinbefore mentioned; division, &c.
and such justice shall, by warrant (U), order the accused to
be taken before any justice in and for the territorial division
where the offence is alleged to have been committed, and
shall, at the same time, deliver up the information and com-
plaint, and also the depositions and recognizances so taken
by him to the constable who has the execution of the last
mentioned warrant, to be by him delivered to the justice
before whom he takes the accused, in obedience to the war-
2023 -
24
Chap. 174, Procedure in Criminal Cases. 49 WICT.
Transmission
of record in
such case.
Expenses of
constable con-
veying the
accused to be
repaid him.
Justice to fur-
nish constable
with a receipt
or certificate,
&c.
Constable to
be paid by
proper officer.
Recogniz-
ances void in
certain cases.
Duty of coro-
ner, in cases
of murder or
manslaugh-
ter.
rant; and the depositions and recognizances shall be deemed
to be taken in the case, and shall be treated to all intents and
purposes as if they had been taken by or before the last
mentioned justice,—and shall, together with the depositions
and recognizances taken by the last mentioned justice in the
matter of the charge against the accused, be transmitted to
the clerk of the court or other proper officer where the accused
ought to be tried, in the manner and at the time herein men-
tioned, if the accused is committed for trial upon the charge,
or is admitted to bail. 32-33 W., c. 30, s. 47.
88. If the accused is taken before the justice last afore-
said, by virtue of the said last mentioned warrant, the con-
stable or other person or persons to whom the said warrant
is directed, and who has conveyed the accused before such
last mentioned justice, shall, upon producing the accused
before such justice and delivering him into the custody of
such person as the said justice directs or names in that be-
half, be entitled to be paid his costs, and expenses of con-
veying the accused before such justice. 32-33 W., c. 30, s.48.
S9. Upon the constable delivering to the justice the war-
rant, information, if any, depositions and recognizances, and
proving on oath or affirmation, the handwriting of the justice
who has subscribed the same, such justice, before whom the
accused is produced, shall thereupon furnish such constable
with a receipt or certificate (U2) of his having received from
him the body of the accused, together with the warrant, in-
formation, if any, depositions and recognizances, and of his
having proved to him, upon oath or affirmation, the hand-
writing of the justice who issued the warrant. 32-33 W.,
c. 30, s.49.
90. The said constable, on producing such receipt or cer-
tificate to the proper officer for paying such charges, shall
be entitled to be paid all his reasonable charges, costs and
expenses of conveying the accused into such other territorial
division, and returning from the same. 32-33 W., c. 30, s. 50.
91. If such justice does not commit the accused for trial,
or hold him to bail, the recognizances taken before the first
mentioned justice shall be void. 32-33 W., c. 30, s. 51.
I)"UTIES OF CORONERS AND JUSTICES.
92. Every coroner, upon any inquisition taken before
him, whereby any person is indicted for manslaughter or
murder, or as an accessory to murder before the fact, shall,
in presence of the accused, if he can be apprehended, re-
duce to writing the evidence given to the jury before him,
or as much thereof as is material, giving the accused full
opportunity of cross-examination; and the coroner shall have
2024
1886. Procedure in Criminal Cases. Chap. 174. 25
authority to bind by recognizance all such persons as know
or declare anything material touching the manslaughter or
murder, or the offence of being accessory to murder, to ap-
pear at the next court of oyer and terminer, or gaol delivery,
or other court or term or sitting of a court, at which the
trial is to be, then and there to prosecute or give evidence
against the person charged; and every such coroner shallº
certify and subscribe the evidence and all the recognizances, jºo
and also the inquisition taken before him, and shall deliver proper officer.
the same to the proper officer of the court at the time and in
the manner specified in the seventy-seventh section of this
Act. 32-33 W., c. 30, s. 60.
93. When any person has been committed for trial by When person
any justice or coroner, the prisoner, his counsel, attorney or ...,
agent may notify the committing justice or coroner, that he bailed, jus-
will, as soon as counsel can be heard, move before a superior ...º.º.
court of the Province in which such person stands com-mation to the
mitted, or one of the judges thereof, or the judge of the county P*P* *
court, if it is intended to apply to such judge, under the
eighty-second section of this Act, for an order to the justice
or coroner for the territorial division where such prisoner is
confined, to admit such prisoner to bail,-whereupon such
committing justice or coroner shall, as soon as may be, trans-
mit to the office of the clerk of the Crown, or the chief clerk
of the court, or the clerk of the county court or other proper
officer, as the case may be, close under his hand and seal,
a certified copy of all informations, examinations and other
evidences, touching the offence where with the prisoner has
been charged, together with a copy of the warrant of com-
mitment and inquest, if any such there is ; and the packet How trans-
containing the same shall be handed to the person apply- ".
ing therefor, for transmission, and it shall be certified on
the outside thereof to contain the information concerning
the case in question. 32-33 W., c. 30, s. 61.
94. Upon such application to any such court or judge, as Same ºrder to
in the next preceding section mentioned, the same Order tºº,
concerning the prisoner being bailed or continued in custody, corpus.
shall be made as if the prisoner was brought up upon a
habeas corpus. 32-33 W., c. 30, s. 62.
25. If any justice or coroner neglects or offends in any ...,
thing contrary to the true intent and meaning of any of the ºl.
provisions of the three sections next preceding, the court to obeying fore-
whose officer any such examination, information, evidence, º
bailment, recognizance or inquisition ought to have been
delivered, shall, upon examination and proof of the offence,
in a summary manner, impose such fine upon every such
justice or coroner as the court thinks fit. 32-33 W., c. 30, s. 63.
2025
26
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Provisions to
apply to all
justices and
COI’OR10 T.S.
Removal of
prisoners to
another gaol
may be
ordered if gaol
is insecure.
Authority for
such removal.
Sheriff may
be directed
to remove
prisoner.
Removal for
trial into
county where
indictment is
found.
When sen-
tence of death
or of im-
#. ent
as been pro-
nounced.
96. The provisions of this Act relating to justices and
coroners, shall apply to the justices and coroners not only of
districts and counties at large, but also of all other territorial
divisions and jurisdictions. 32-33 W., c. 30, s. 64.
REMOVAL OF PRISONERS.
97. The Governor in Council or the Lieutenant Governor
in Council of any Province may, if, from the insecurity or
unfitness of any gaol of any county or district for the safe
custody of prisoners, or for any other cause, he deems it
expedient so to do, order any person charged with treason
or felony confined in such gaol or for whose arrest a warrant
has been issued, to be removed to any other gaol of any
other county or district in the same Province, to be named
in such order, there to be detained until discharged in due
course of law, or removed for the purpose of trial to the gaol
of the county or district in which the trial is to take place;
and a copy of such order, certified by the clerk of the Queen's
Privy Council for Canada, or the clerk of the Executive
Council, or by any person acting as such clerk of the Privy
Council or Executive Council, shall be sufficient authority
to the sheriffs and gaolers of the counties or districts respect-
ively named in such order, to deliver over and to receive
the body of any person named in such order. 31 W., c. 74,
S. 1;-47 W., c. 44, ss. 1 and 2, parts. >
98. The Governor in Council or a Lieutenant Governor in
Council may, in any such order, direct the sheriff in whose
custody the person to be removed then is, to convey the
said person to the gaol of the county or district in which he
is to be confined, and the sheriff or gaoler of such county or
district to receive the said person, and to detain him until
he is discharged in due course of law, or is removed for the
purpose of trial to any other county or district. 31 W., c. 74,
s. 2;-47 W., c. 44, ss. 1 and 2, parts.
99. If a true bill for treason or felony, is afterwards re-
turned by any grand jury of the county or district from
which any such person is removed, against any such person,
the court into which such true bill is returned, may make
an order for the removal of such person, from the gaol in
which he is then confined, to the gaol of the county or dis-
trict in which such court is sitting, for the purpose of his
being tried in such county or district. 31 W., c. 74, s. 3;-
47 W., c. 44, s. 2, part.
100. The Governor in Council or a Lieutenant Governor
in Council may make an order as hereinbefore provided in
respect of any person under sentence of imprisonment or
under sentence of death, and, in the latter case, the sheriff to
whose gaol the prisoner is removed shall obey any direction
2026
- 1886. Procedure in Criminal Cases. Chap. 174. 27
given by the said order or by any subsequent order in coun-
. cil, for the return of such prisoner to the custody of the
sheriff by whom the sentence is to be executed. 47 W.,
c. 44, s. 3. .
191. When an indictment is found against any person. When indict-
and such person is confined in any penitentiary or gaol . *
within the jurisdiction of such court, under warrant of com- son already in
mitment or under sentence for some other offence, the court "*
may, by order in writing, direct the warden of the peniten-
tiary or the keeper of such gaol, to bring up such person to
be arraigned on such indictment, without a writ of habeas
corpus, and the warden or keeper shall obey such order.
32-33 W., c. 29, s. 14.
CHANGE OF VENUE.
102. Whenever it appears to the satisfaction of the court Change of
or judge hereinafter mentioned, that it is expedient to the ..."...”
ends of justice that the trial of any person charged with
felony or misdemeanor should be held in some district,
county or place other than that in which the offence is sup-
posed to have been committed, or would otherwise be triable,
the court before which such person is or is liable to be in-
dicted may, at any term or sitting thereof, and any judge
who might hold or sit in such court may, at any other time,
either before or after the presentation of a bill of indict-
ment, order that the trial shall be proceeded with in some
other district, county or place within the same Province,
named by the court or judge in such order; but such order Payment of
shall be made upon such conditions as to the payment of any “P”
additional expense thereby caused to the accused, as the
court or judge thinks proper to prescribe :
2. Forthwith upon the order of removal being made by Transmission
the court or judge, the indictment, if any has been found . º
against the prisoner, and all inquisitions, informations, de- trial.
positions, recognizances and other documents whatsoever,
relating to the prosecution against him, shall be transmitted
by the officer having the custody thereof to the proper officer
of the court at the place where the trial is to be had, and all
proceedings in the case shall be had, or, if previously com-
menced, shall be continued in such district, county or place,
as if the case had arisen or the offence had been committed
therein : - *
3. The order of the court, or of the judge, made under this Removal º:
section, shall be a sufficient warrant, justification and autho-H...?
rity, to all sheriffs, gaolers and peace officers, for the removal, trial.
disposal and reception of the prisoner, in conformity with the
terms of such order ; and the sheriff may appoint and em-
power any constable to convey the prisoner to the gaol in the
district, county or place in which the trial is ordered to be
had :
2027
28
Chap. 174. Procedure in Criminal Cases. 49 WYCT.
Recogni-
Z8,nces to
apply to such
place.
Proviso :
notice to
Cognizors,
Indictment
need not be on
parchment.
Not necessary
to state the
venue in the
body of the
indictment.
As to aboli-
tion of benefit
of clergy.
In cases speci-
fied more than
Qne Overt act
may be
charged.
Form of in-
dictment for
perjury.
4. Every recognizance entered into for the prosecution of
any person, and every recognizance, as well of any witness
to give evidence, as of any person for any offence, shall, in
case any such order, as provided by this section, is made, be
obligatory on each of the persons bound by such recogni-
Zance as to all things therein mentioned with reference to
the said trial, at the place where such trial is so ordered to
be had, in like manner as if such recognizance had been
originally entered into for the doing of such things at such
last mentioned place: Provided that notice in writing shall
be given either personally or by leaving the same at the
place of residence of the persons bound by such recognizance,
as therein described, to appear before the court, at the place
where such trial is ordered to be had. 32-33 W., c 29, s. 11.
INDICTMENTS.
103. It shall not be necessary that any indictment or any
record or document relative to any criminal case be written
on parchment. 32-33 W., c. 29, s. 13.
104. It shall not be necessary to state any venue in the
body of any indictment; and the district, county or place
named in the margin thereof, shall be the venue for all the
facts stated in the body of the indictment; but if local descrip-
tion is required, such local description shall be given in the
body thereof. 32-33 W., c. 29, s. 15. -
105. The abolition of the benefit of clergy shall not pre-
vent the joinder in any indictment of any counts which
might have been joined but for such abolition. 32-33 W.,
c. 29, s. 16.
106. Any number of the matters, acts or deeds by which
any compassings, imaginations, inventions, devices or inten-
tions, or any of them, have been expressed, uttered or de-
clared, may be charged against the offender, for any felony,
under the “Act respecting Treason and other Offences against
the Queen's authority.” 31W., c. 69, s. 7.
107. In any indictment for perjury, or for unlawfully,
illegally, falsely, fraudulently, deceitfully, maliciously or
corruptly taking, making, signing or subscribing any oath,
affirmation, declaration, affidavit, deposition, bill, answer,
notice, certificate or other writing, it shall be sufficient to
set forth the substance of the offence charged against the
accused, and by what court or before whom the oath, affirma-
tion, declaration, affidavit, deposition, bill, answer, notice,
certificate or other writing was taken, made, signed or sub-
scribed, without setting forth the bill, answer, information,
indictment, declaration, or any part of any proceeding, either
in law or equity, and without setting forth the commission
or authority of the court or person before whom such offence
was committed. 32-33 W., c. 23, s. 9.
2028
1886. Procedure in Criminal Cases. Chap. 174. 29
108. In every indictment for subornation of perjury, or Form of in-
for corrupt bargaining or contracting with any person to ...;
commit wilful and corrupt perjury, or for inciting, causing of perjury.
or procuring any person unlawfully, wilfully, falsely, fraud-
ulently, deceitfully, maliciously or corruptly, to take, make,
sign or subscribe any oath, affirmation, declaration, affidavit,
deposition, bill, answer, notice, certificate or other writing, it
shall be sufficient, whenever such perjury or other offence
aforesaid has been actually committed, to allege the offence
of the person who actually committed such perjury or other
offence, in the manner hereinbefore mentioned, and then to
allege that the defendant unlawfully, wilfully and corruptly
did cause and procure the said person to do and commit the
said offence in manner and form aforesaid; and whenever
such perjury or other offence aforesaid has not actually been
committed, it shall be sufficient to set forth the substance of
the offence charged upon the defendant, without setting
forth or averring any of the matters or things hereinbefore
rendered unnecessary to be set forth or averred in the case
of wilful and corrupt perjury. 32-33 W., c. 23, s. 10.
109. In any indictment for murder or manslaughter, or Form of in-
for being an accessory to any murder or manslaughter, it ..."
shall not be necessary to set forth the manner in which, or man-
the means by which, the death of the deceased was caused; *
but it shall be sufficient in any indictment for murder to
charge that the accused did feloniously, wilfully, of his
malice aforethought, kill and murder the deceased,—and it
shall be sufficient in any indictment for manslaughter to
eharge that the accused did feloniously kill and slay the
deceased; and it shall be sufficient in any indictment against
any accessory to any murder or manslaughter to charge
the principal with the murder or manslaughter, as the case
may be, in the manner hereinbefore specified, and then to
charge the accused as an accessory, in the manner heretofore
used and accustomed, or by law provided. 32-33 W., c. 20, s. 6.
110. In any indictment for stealing, or, for any fraudulent ...
e º g - e ictment for
purpose, destroying, cancelling, obliterating or concealing stealing, &c.,
the whole or any part of any document of title to land, it ºf
shall be sufficient to allege such document to be or contain title to lands.
evidence of the title, or of part of the title, or of some matter
affecting the title, of the person or of some one of the persons
having an interest, whether vested or contingent, legal or
equitable, in the real property to which the same relates,
and to mention such real property or some part thereof.
32-33 W., c. 21, s. 16, part.
III. Any number of distinct acts of embezzlement, or of Distinct acts
fraudulent application or disposition, not exceeding three, *
committed by the offender, against Her Majesty, or against may be, ,
the same municipality, master or employer, within the space "*"
2029
30
Chap. 174. Procedure in Criminal Cases. 49 WICT.
the same in-
dictment.
Form of in-
dictment for
obtaining
roperty by
alse pre-
ten CeS.
Intent to de-
fraud need
not be stated
in case
specified.
Form of in-
dictment for
forgery, &c.
Form of in-
dictment for
buying or
selling coun-
terfeit coin,
&c.
of six months from the first to the last of such acts, may be
charged in any indictment, and if the offence relates to any
money or any valuable security, it shall be sufficient to
allege the embezzlement or fraudulent application or dis-
position to be of money, without specifying any particular
coin or valuable security ; and such allegation, so far as
regards the description of the property, shall be sustained
if the offender is proved to have embezzled or fraudulently
applied or disposed of any amount, although the particular
species of coin or valuable security of which such amount
was composed is not proved, or if he is proved to have
embezzled or fraudulently applied or disposed of any piece
of coin or any valuable security, or any portion of the value
thereof, although such piece of coin or valuable security
was delivered to him in order that some part of the value
thereof should be returned to the person delivering the same
or to some other person, and such part has been returned
accordingly. 32-33 W., c. 21, s. 73. .
IF2. In any indictment for obtaining or attempting to
obtain any property by false pretences it shall be sufficient
to allege that the person accused did the act with intent to
defraud, and without alleging an intent to defraud any
particular person, and without alleging any ownership of
the chattel, money or valuable security; and on the trial
of any such indictment, it shall not be necessary to prove
an intent to defraud any particular person, but it shall be
sufficient to prove that the person accused did the act charged
with an intent to defraud. 32-33 W., c. 21, s.93, part.
113. It shall not be necessary to allege, in any indictment
against any person for wrongfully and wilfully pretending
or alleging that he inclosed and sent, or caused to be inclosed
and sent, in any post letter, any money, valuable security or
chattel, or to prove on the trial that the act was done with
intent to defraud. 32-33 W., c. 21, s. 96, part.
IH4. In any indictment for forging, altering, uttering,
offering, disposing of or putting off any instrument what-
soever, where it is necessary to allege an intent to defraud,
it shall be sufficient to allege that the person accused did
the act with intent to defraud, without alleging an intent
to defraud any particular person ; and on the trial of any
such offence it shall not be necessary to prove an intent to
defraud any particular person, but it shall be sufficient to
prove that the person accused did the act charged with an
intent to defraud. 32-33 W., c. 19, s. 51. -
115. In any indictment against any person for buying,
selling, receiving, paying or putting off, or offering to buy, sell,
receive, pay or put off, without lawful authority or excuse, any
false or counterfeit coin, resembling or apparently intended
4. 2030
1886. . Procedure in Criminal Cases. Chap. 174. r 31
to resemble or pass for any current gold or silver coin, at or
for a lower rate or value than the same imports or was appa-
rently intended to import, it shall be sufficient to allege that
the person accused did buy, sell, receive, pay or put off, or did
offer to buy, sell, receive, pay or put off the false or coun-
terfeit coin, at or for a lower rate of value than the same
imports, or was apparently intended to import, without
alleging at or for what rate, price or value the same was
bought, sold, received, paid or put off, or offered to be bought,
sold, received, paid or put off 32-33 W., c. 18, S. 6, part.
116. It shall be sufficient in any indictment for any Form of in-
offence against the “Act respecting Malicious Injuries to Pró- i.
perty,” where it is necessary to allege an intent to injure or jury to pro-
defraud, to allege that the person accused did the act with Pº"
intent to injure or defraud, as the case may be, without
alleging an intent to injure or defraud any particular person;
and on the trial of any such offence it shall not be necessary
to prove an intent to injure or defraud any particular person,
but it shall be sufficient to prove that the person accused did
the act charged with an intent to injure or defraud, as the
case may be. 32-33 W., c. 22, s. 68.
187. In any indictment for any offence committed in or In case of.
upon or with respect to,- - º
(a.) Any church, chapel, or place of religious worship, or churches, &c.
anything made of metal fixed in any sºuare or street, or in
any place dedicated to public use or ornament, or in any
burial-ground,- -
(b.) Any highway, bridge, court-house, gaol, house of cor- Public build-
rection, penitentiary, infirm \ry, asylum, or other public * &c.
building, L `...
(c.) Any railway, Canal, lock, dam, or other public work, Public works.
erected or maintained in whole or in part at the expense of
Canada, or of any of the Provinces of Canada, or of any mu-
nicipality, county, parish or township, or other sub-division
thereof.- -
(d.) Any materials, goods or chattels belonging to or pro- Materials for
vided for, or at the expense of Canada, or of any such Pro- tºº.
vince, or of any municipality or other sub-division thereof,
to be used for making, altering or repairing any highway or
bridge, or any court-house or other such building, railway,
canal, lock, dam or other public work as aforesaid, or to be
used in or with any such work, or for any bther purpose
whatsoever,
(e.) The whole or any part of any record, writ, return, Records of
affirmation, recognizance, cognovit actionem, bill, petition, * *
answer, decree, panel, process, interrogatory, deposition, affi-
davit, rule, order or warrant of attorney, or of any original
document whatsoever, of or belonging to any court of justice,
or relating to any cause or matter, begun, depending or
terminated in any such court, or of any original document
2031 -
32
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Wills.
Election
documents.
in any wise relating to the business of any office or employ-
ment under Her Majesty, and being or remaining in any
office appertaining to any court of justice, or in any Govern-
ment or public office,—
(f) The whole or any part of any will, codicil or other
testamentary instrument, or— -
(g.) Any writ of election, return to a writ of election, in-
denture, poll-book, voters' list, certificate, affidavit, report,
document or paper, made, prepared or drawn out according to
Allegations
as to pro-
perty.
If property is
owned sº
artners, &c.,
it shall be
sufficient to
name one of
such part-
ners, &c.
Case of joint
tenants, joint
stock com-
panies, &c.
Property in
roads, &c., to
be laid in
trusteeS Or
commis-
sioners with-
out naming
them.
Ownership of
property in
possession of
E. officers,
ow to be
stated.
any law respecting provincial, municipal or civic elections,—
It shall not be necessary to allege that any such property,
instrument or article is the property of any person. 32-33 W.,
c. 21, ss. 17, part, 18, part, 20, part, and c. 29, s. 19 ;-29-30 W.
(Can.), c. 51, s. 188, part.
118. If, in any indictment for any offence, it is requisite
to state the ownership of any property, real or personal, which
belongs to or is in possession of more than one person, whether
such persons are partners in trade, joint tenants, parceners
or tenants in common, it shall be sufficient to name one of
Such persons, and to state the property to belong to the per-
son so named, and another or others, as the case may be.
32-33 W., c. 29, s. 17.
119. If, in any indictment for any offence, it is necessary
for any purpose to mention any partners, joint tenants, par-
ceners or tenants in sommon, it shall be sufficient to describe
them in the manner aforesaid; and this provision and that
of the next preceding section shall extend to all joint stock
companies and trustees. 32-33 W., c. 29, s. 18.
120. In any indictment for any offence committed on or
with respect to any house, building, gate, machine, lamp,
board, stone, post, fence or other thing erected or provided
by any trustees or commissioners, in pursuance of any Act
in force in Canada, or in any Province thereof, for making
any turnpike road, or to any conveniences or appurtenances
thereunto respectively belonging, or to any materials, tools
or implements provided for making, altering or repairing
any such road, it shall be sufficient to state any such pro-
perty to belong to the trustees or commissioners of such
road, without specifying the names of such trustees or com-
missioners. 32-33 W., c. 29, s. 20.
121. In any indictment for any offence committed on or
with respect to any buildings, or any goods or chattels, or
any other property, real or personal, in the occupation or
under the Superintendence, charge or management of any
public officer or commissioner, or any county, parish, town-
ship or municipal officer or commissioner, it shall be suffi-
cient to state any such property to belong to the officer or
commissioner in whose occupation or under whose super-
- 2032 -
1886. Procedure in Criminal Cases. Chap. 174. 33
intendence, charge or management such property is, and it
shall not be necessary to specify the names of any such
officers or commissioners. 32-33 W., c. 29, s. 21.
122. All property, real and personal, whereof any body Property
corporate has, by law, the management, control or custody, *::::::::
shall, for the purpose of any indictment or proceeding against body corpo-
any other person for any offence committed on or in respect “
thereof, be deemed to be the property of such body corporate.
32-33 W., c. 29, s. 22.
123. In any indictment against any person for stealing County or
any oysters or oyster brood from any oyster bed, laying or º:
fishery, it shall be sufficient to describe, either by name or in indictment
otherwise, the bed, laying or fishery in respect of which any º:
of the said offences has been committed, without stating the “” ”
same to be in any particular county, district or local division.
32-33 W., c. 21, s. 14, part.
124. In any indictment for any offencementioned in sec- In whom
tions twenty-five to twenty-nine, both inclusive, of “The º,”
Larceny Act,” it shall be sufficient to lay the property in Her indictment
Majesty, or in any person or corporation, in different counts ;..."#.
in such indictment; and any variance in the latter case, 3 * ~ *
between the statement in the indictment and the evidence
adduced, may be amended at the trial ; and if no owner is
proved the indictment may be amended by laying the pro-
perty in Her Majesty. 32-33 W., c. 21, s. 36. -
4-º.
125. In any indictment for any offence committed in In indictment
respect of any postal card, postage stamp or other stamp º
issued or prepared for issue by the authority of the Parlia- stamps, &c.
ment of Canada, or of the Legislature of any Province of
Canada, for the payment of any fee, rate or duty whatsoever,
the property therein may be laid in the person in whose
possession, as the owner thereof, it was when the larceny or
offence was committed, or in Her Majesty, if it was then
unissued, or in the possession of any officer or agent of the
Government of Canada or of the Province, by authority of
the Legislature whereof it was issued or prepared for issue.
35 W., c. 33, s. 1, part.
126. In every case of larceny, embezzlement or fraudulent In indictment
application or disposition of any chattel, money or valuable º:
security, under sections fifty-three, fifty-four and fifty-five sons in the
of “The Larceny Act,” the property in any such chattel, º Self-
money or valuable security may, in the warrant of commit-
ment by the justice of the peace before whom the offender
is charged, and in the indictment preferred against such
offender, be laid in Her Majesty, or in the municipality, as
the case may be. 32-33 W., c. 21, s. 72, part.
2033
34
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Form of in-
dictment in
case of steal-
ing by
lodgers.
Omission of
certain aver-
ments, &c.,
not fatal to
indictment.
What neces-
sary to state
in describing
money or
bank notes.
Description of
instruments
generally.
127. An indictment in the common form for larceny may
be preferred against any person who steals any chattel let
to be used by him in or with any house or lodging, -and
in every case of stealing any fixture so let to be used, an
indictment in the same form as if the offender was not a
tenant or lodger may be preferred,—and in either case the
property may be laid in the owner or person letting to hire.
32-33 W., c. 21, s. 75, part.
128- No indictment shall be held insufficient for want of
the averment of any matter unnecessary to be proved, nor
for the omission of the words “as appears upon the record ”
or “as appears by the record,” or of the words “with force
and arms,” or of the words “against the peace,”—or for the
insertion of the words “against the form of the statute ’’
instead of the words “against the form of the statutes,” or
vice versé, or for the omission of such words,--or for the
want of an addition or for an imperfect addition of any per-
son mentioned in the indictment, or because any person
mentioned in the indictment is designated by a name of
office or other descriptive appellation instead of his proper
name, or for omitting to state the time at which the offence
was committed in any case in which time is not of the essence
of the offence, or for stating the time imperfectly, or for
stating the offence to have been committed on a day subse-
quent to the finding of the indictment, or on an impossible
day, or on a day that never happened,—or for want of a proper
or perfect venue, or for want of a proper or formal conclu-
sion, or for want of or imperfection in the addition of any
defendant, or for want of the statement of the value or price
of any matter or thing, or the amount of damage, injury or
spoil, in any case in which the value or price or amount of
damage, injury or spoil is not of the essence of the offence.
32-33 W., c. 29, s. 23.
129. Whenever, in any indictment, it is necessary to make
an averment as to any money or to any note of any bank, or
Dominion or Provincial note, it shall be sufficient to describe
such money or note simply as money, without any allega-
tion, so far as regards the description of the property, spe-
cifying any particular coin or note; and such averment shall
be sustained by proof of any amount of coin or of any such
note, although the particular species of coin of which such
amount was composed or the particular nature of the note
is not proved. 32-33 W., c. 29, s. 25.
130- Whenever it is necessary to make an averment in an
indictment, as to any instrument, whether the same consists
wholly or in part of writing, print or figures, it shall be
sufficient to describe such instrument by any name or desig-
nation by which the same is usually known, or by the
purport thereof, without setting out any copy or facsimile
of the whole or of any part thereof. 32-33 W., c. 29, s. 24.
2034
1886. . Procedure in Criminal cases. Chap. 174. 35
131. In any indictment for forging, altering, offering, Description of
uttering, disposing of or putting off any instrument, stamp, ..."
mark or thing, it shall be sufficient to describe the same by for forgery.
any name or designation by which the same is usually -
known, or by the purport thereof, without setting out any
copy or facsimile thereof, or otherwise describing the same
or the value thereof. 32-33 W., c. 19, s.49.
132. In any indictment for engraving or making the And in indict-
whole or any part of any instrument, matter or thing what- º'"
soever, or for using or having the unlawful custody or pos- graving.
session of any plate or other material upon which the whole
or any part of any instrument, matter or thing whatsoever
has been engraved or made, or for having the unlawful
custody or possession of any paper upon which the whole
or any part of any instrument, matter or thing whatsoever
has been made or printed, it shall be sufficient to describe
such instrument, matter or thing by any name or desig-
nation by which the same is usually known, without setting
out any copy or facsimile of the whole or any part of such
instrument, matter or thing. 32-33 W., c. 19, s. 50.
133. Any number of accessories at different times to any Several acces-
felony may be charged with substantive felonies, in the same ...”.”
indictment, and may be tried together, notwithstanding the one indict-
principal felon is not included in the same indictment, or is "* .
not in custody or amenable to justice. 31 W., c. 72, s. 7, part.
134. Several counts may be inserted in the same indict- Three lar-
ment against the same person for any number of distinct acts ...; be
of stealing, not exceeding three, committed by him against one indict-
the same person, within six months from the first to the last "*
of such acts, and all or any of them may be proceeded upon.
32-33 W., c. 21, s. 5.
135. In any indictment containing a charge of feloni- Indictment
ously stealing any property, a count, or several counts, for tº:
feloniously receiving the same or any part or parts thereof, count for re-
knowing the same to have been stolen may be added, and in *.
any indictment for feloniously receiving any property, know-
ing it to have been stolen, a count for feloniously stealing .
the same may be added. 32-33 W., c. 21, s. 101, part.
136. Every one who receives any chattel, money, valu- ºver
able security or other property whatsoever, the stealing, tak- º ºy be
ing, extorting, obtaining, embezzling and otherwise disposing indicted, &c
whereof, amounts to a felony, either at common law or by
statute, knowing the same to have been feloniously stolen,
taken, extorted, obtained, embezzled or disposed of, may be
indicted and convicted, either as an accessory after the fact
or for a substantive felony, and in the latter case, whether
the principal felon has or has not been previously convicted,
50% 2035
36
Chap. 174. Procedure in Criminal Cases. 49 WICT.
If stealing,
&c., is a mis-
demeanor.
Separate re-
ceivers may
be included in
the same in-
dictment.
Indictment,
&c., for sub-
sequent of
fences : what
Statements
shall be
sufficient.
Require-
ments as to
indictments
for certain
offences.
or is or is not amenable to justice: Provided, that no person,
howsoever tried for receiving as aforesaid, shall be liable to
be prosecuted a second time for the same offence, 32-33 W.,
c. 21, s. 100, part. - -
187. Every such receiver may, if the offence is a misde-
meanor, be indicted and tried for the misdemeanor, whether
the person guilty of the principal misdemeanor has or has
not been previously convicted thereof, or is or is not amenable
to justice. 32-33 W., c. 21, s. 104, part.
138. Any number of receivers at different times, of pro-
perty, or any part or parts thereof, so stolen, taken, extorted,
obtained, embezzled or otherwise disposed of at one time,
may be charged with substantive felonies in the same in-
dictment, and may be tried together, notwithstanding that
the principal felon is not included in the same indictment, or
is not in custody or amenable to justice. 31 W., c. 72, s. 7,
part ;-32-33 W., c. 21, s. 102. -
139. In any indictment for any indictable offence, com-
mitted after a previous conviction or convictions for any
felony, misdemeanor, or offence or offences punishable upon
summary conviction (and for which a greater punishment
may be inflicted on that account), it shall be sufficient, after
charging the subsequent offence, to state that the offender
was at a certain time and place, or at certain times and places
convicted of felony or of a misdemeanor, or of an offence or
offences punishable upon summary conviction, as the case
may be, and to state the substance and effect only, omitting
the formal part of the indictment and conviction, or of the
summary conviction, as the case may be, for the previous
offence, without otherwise describing the previous offence or
offences. 32-33 W., c. 29, s. 26, part. -
PRELIMINARY REQUIREMENTS AS TO CERTAIN INDICTMENTs.
140. No bill of indictment for any of the offences follow-
ing, that is to say: perjury, subornation of perjury, con-
spiracy, obtaining money or other property by false pretences,
forcible entry or detainer, nuisance, keeping a gambling
house, keeping a disorderly house, or any indecent assault,
shall be presented to or found by any grand jury, unless the
prosecutor or other person presenting such indictment has
been bound by recognizance to prosecute or give evidence
against the person accused of such offence, or unless the per-
son accused has been committed to or detained in custody,
or has been bound by recognizance to appear to answer to an
indictment to be preferred against him for such offence, or
unless the indictment for such offence is preferred by the
direction of the Attorney General or Solicitor General for the
Province, or by the direction or with the consent of a court
2036
1886. - - Procedure in Criminal Cases. Chap. 174. - 37
or judge having jurisdiction to give such direction or to try
the offence:
2. Nothing herein shall prevent the presentment to or Indictment
finding by a grand jury of any bill of indictment, containing ...”.”
a count or counts for any of such offences, if such count or such offences
counts are such as may now be lawfully joined with the rest ..."
of such bill of indictment, and if the same count or counts
are founded, in the opinion of the court in or before which
the said bill of indictment is preferred, upon the facts or
evidence disclosed in any examination or deposition taken
before a justice in the presence of the person accused or pro-
posed to be accused by such bill of indictment, and trans-
mitted or delivered to such court in due course of law.
32-33 W., c. 29, s. 28;-40 W., c. 26, ss. 1 and 2.
PIAEAS,
141. No person prosecuted shall be entitled as of right āś,
to traverse or postpone the trial of any indictment preferred *:::::::::::
against him in any court, or to imparl, or to have time to have time
allowed him to plead or demur to any such indictment: “ plead.
Provided always, that if the court, before which any person º
is so indicted, upon the application of such person, or other- }.n
wise, is of opinion that he ought to be allowed a further terms, &c.
time to plead or demur or to prepare for his defence, or
otherwise, such court may grant such further time to plead
or demur, or may adjourn the receiving or taking of the plea
or demurrer and the trial, or, as the case may be, the trial
of such person, to a future time of the sittings of the court or
to the next or any subsequent session or sittings of the court,
and upon such terms, as to bail or otherwise, as to the court
seem meet, and may, in the case of adjournment to another
session or sitting, respite the recognizances of the prosecutor
and witnesses accordingly,–in which case the prosecutor
and witnesses shall be bound to attend to prosecute and give
evidence at such subsequent session or sittings, without enter-
ing into any fresh recognizances for that purpose. 32-33 W.,
c. 29, s. 30.
142. No indictment shall be abated by reason of any dila- Indictment
* e - º 4 tº not to be
tory plea of misnomer, or of want of addition, or of wrong j'.
addition of any person offering such plea ; but if the court reason of dila-
is satisfied, by affidavit or otherwise, of the truth of such ...
plea, the court shall forth with cause the indictment to be w
amended according to the truth, and shall call upon such per-
son to plead thereto, and shall proceed as if no such dilatory
plea had been pleaded. 32-33 W., c. 29, s. 31.
143. Every objection to any indictment, for any defect ºn
apparent on the face thereof, shall be taken by demurrer or ..."
motion to quash the indictment, before the defendant has taken-
pleaded, and not afterwards; and every court before which
50.3% 2037
. . .)
, S.)
S
Chap. 174. Procedure in Criminal Cases. 40 WIC
*-
How defects
may be
amended.
Effect of plea
Of “ Not,
guilty.”
Court may
order a plea
of “ Not
guilty” to be
entered, in
case of refusal
to plead.
Form of plea
of autrefois
convict or au-
frefois acquit.
Attainder of
another' crime
not pleadable.
What may be
pleaded in a
case of libel.
Truth not to
be inquired
into unless
specially
pleaded.
Effect of plea
of justifica-
*ion. . .
32-33 W., c. 29, s. 34.
any such objection is taken may, if it is thought necessar
cause the indictment to be forthwith amended in such p
ticular, by some officer of the court or other person, a
thereupon the trial shall proceed as if no such defect h
appeared ; and no motion in arrest of judgment shall
allowed for any defect in the indictment which might hav
been taken advantage of by demurrer, or amended under the
authority of this Act. 32-33 W., c. 29, s. 32.
14 f. If any person, being arraigned upon any indictment
for any indictable offence, pleads thereto a plea of “not,
guilty,” he shall, by such plea, without any further form, be".
deemed to have put himself upon the country for trial, and
the court may, in the usual manner, order a jury for the trial/
of such person accordingly, 32-33 W., c. 29, s. 33. A
145. If any person, being arraigned upon any indictment
for any indictable offence, stands mute of malice, or will not
answer directly to the indictment, the court may order the
proper officer to enter a plea of “not guilty,” on behalf o
such person, and the plea so entered shall have the same force
and effect as if such person had actually pleaded the same:
146. In any plea of autrefois convict or autrefois acquit it
shall be sufficient for any defendant to state that he has beel,
lawfully convicted or acquitted, as the case may be, of
offence charged in the indictment, 32-33 W., c. 29, s. 35.
147. No plea setting forth any attaindershall be .
in bar of any indictment, unless the attainder is for tº
offence as that charged in the indictment. 32-33 W., c. W
IIIBEI.
148. Every one accused of publishing a defamators fibël.
may plead that the defamatory matter was true, and that it
was for the public benefit that such matter should be pub-
lished, to which plea the prosecutor may reply generally,
denying the whole thereof 37 V., c. 38, s. 5, part, and s. 6,
part. - w
149. Without such plea, the truth of the matters charged
as libellous in any such indictment or information, or that
it was for the public benefit that such matters should have
been published, shall in no case be inquired into. 37 W.,
c. 38, s. 7. * - -
150- If, after such plea, the defendant is convicted d
such indictment or information, the court, in pronouncing"
sentence, may consider whether the guilt of the defendant























2038
383. Procedure in Criminal Cases. Chap. 174. 39
§ aggravated or mitigated by such plea, and by the evidence
ven to prove or disprove the same. 37 V., c. 88, s. 8.
151. In addition to such plea of justification, the defend-Plea of not
timay plead not guilty; and no defence otherwise open #.
o the defendant under the plea of not guilty shall be taken
away or prejudiced by reason of such special plea. 37 W.,
c. 38, s. 9. - - -
152. On the trial of any indictment or information for the Proceedings
making or publishing of any defamatory libel, on the plea ..."
of not guilty pleaded, the jury sworn to try the issue may
give a general verdict of guilty or not guilty, upon the whole
matter put in issue upon such indictment or information,
and shall not be required or directed, by the court or judge
before whom such indictment or information is tried, to find
the defendant guilty, merely on the proof of publication by
such defendant of the paper charged to be a defamatory libel,
and of the sense ascribed to the same in such indictment or
information; but the court or judge before whom such trial
is had shall, according to the discretion of such court or
judge, give the opinion and direction of such court or judge
to the jury, on the matter in issue, as in other criminal cases;
and the jury may, on such issue, find a special verdict if they
think fit so to do ; and the defendant, if found guilty, may
move in arrest of judgment on such ground and in such
canner as he might have dome before the passing of this Act.
, W., c. 38, s. 4. -
i. the In the case of an indictment or information by a As between
and prosecutor for the publication of a defamatory libel, ...".
judgment is given against the defendant he shall be liable fendant, costs
yr the costs sustained by the prosecutor, by reason of such ..."
** e a * jº - tº ſº º tº º judgment.
... dictment or information; and if judgment is given for the " ?
defendant he shall be entitled to recover from such prosecutor
the costs incurred by him, by reason of such indictment or
information; and such costs, so to be recovered by the pro-
secutor or defendant respectively, shall be taxed by the court,
judge or the proper officer of the court before which such
indictment or information is tried. 37 W., c. 38, s. 12.
154. The costs mentioned in the next preceding section Enforcing,
shall be recoverable either by warrant of distress issued out pººl
of the said court, or by action or suit as for an ordinary
debt. 37 W., c. 38, s. 13.
CORPORATIONS.
155. Every corporation against which a bill of indict ºn
ment for a misdemeanor is found, at any court having crim- jº
inal jurisdiction, shall appear by attorney in the court in plºad by
which such indictment is found, and plead or demur there- *
to. 46 W., c. 34, s. 1.
- 2039
40
Certiorari not
required, &c.
What notice
shall be
served on the
corporation.
()n default to
appear, court
may order
plea of not
guilty to be
entered.
Trial may be
proceeded
with in
absence of de-
fendant.
Who are
qualified to
serve as grand
or petit
jurors.
•
*
Chap. 174. Procedure in Criminal Cases. 49 WICT.
156. No writ of certiorari shall be necessary to remove
any such indictment into any superior court with the view
of compelling the defendant to plead thereto; nor shall it
be necessary to issue any writ of distringas, or other process,
to compel the defendant to appear and plead to such indict-
ment. 46 W., c. 34, s. 2. .
157. The prosecutor, when any such indictment is found
against any corporation, or the clerk of the court, when such
indictment is founded on a presentment of the grand jury,
may cause a notice thereof to be served on the mayor or
chief officer of such corporation, or upon the clerk or secre-
tary thereof, stating the nature and purport of such indict-
ment, and that, unless such corporation appears and pleads
thereto in two days after the service of such notice, a plea
of not guilty will be entered thereto for the defendant by the
court, and that the trial thereof will be proceeded with in
like manner as if the said corporation had appeared and
pleaded thereto. 46 W., c. 34, s. 3. º
158. If such corporation does not appear, in the court in
which the indictment has been found, and plead or demur
thereto within the time specified in the said notice, the judge
presiding at such court may, on proof to him by affidavit of
the due service of such notice, order the clerk or proper
officer of the court to enter a plea of “not guilty " on behalf
of such corporation ; and such plea shall have the same force
and effect as if such corporation had appeared by its attorney
and pleaded such plea. 46 W., c. 34, s, 4.
159. The court may, whether such corporation appears
and pleads to the indigºment, or whether a plea of “not
guilty” is entered by order of the court, proceed with the
trial of the indictment in the absence of the defendant, in
the same manner as if the corporation had appeared at the
trial and defended the same ; and, in case of conviction, may
award such judgment and take such other and subsequent
proceedings to enforce the same as are applicable to convic-
tions against corporations. 46 W., c. 34, s. 5.
JURIES AND CHAI, LENGES.
160. Every person qualified and summoned as a grand
juror or as a petit juror, according to the laws in force for the
time being in any Province of Canada, shall be and shall be
held to be duly qualified to serve as such grandor petit juror
in criminal cases in that Province, whether such laws were
in force or were or are enacted by the Legislature of the Pro-
vince before or after such Province became a part of Canada,
but subject always to any provision in any Act of the Parlia-
ment of Canada, and in so far as such laws are not inconsist-
ent with any such Act. 32-33 W., c. 29, s. 44 –46 W., c. 10,
5,
2040
1886. Procedure in Criminal Cases. Chap. 174, 41
161. No alien shall be entitled to be tried by a jury de Juries de
(medietate lingua, but shall be tried as if he was a natural º
born subject. 32-33 W., c. 29, s. 39 –44 W., c. 13, s. 8.
162. Any quaker or other person allowed by law to Certain per-
affirm instead of swearing in civil cases, or solemnly declar- ...".ma.
ing that the taking of any oath is, according to his religious tion and act
belief, unlawful, who is summoned as a grand or petit juror ****
in any criminal case shall, instead of being sworn in the
usual form, be permitted to make a solemn affirmation be-
ginning with the words following: “I, A. B. do solemnly,
sincerely and truly affirm,” and then may serve as a juror as
if he had been sworn, and his declaration or affirmation
shall have the same effect as an oath to the like effect ; and
in any record or proceeding relating to the case, it may be
stated that the jurors were sworn or affirmed; and in any
indictment, the words “upon their oath present,” shall be
understood to include the affirmation of any juror affirming
instead of swearing. 32-33 W., c. 29, s. 43.
163. If any person arraigned for treason or felony chal- Perºmptory
lenges peremptorily a greater number of persons returned to : º:;
be of the jury than twenty, in a case of indictment for trea- to what ex-
son or felony punishable with death, or twelve, in a case of . .”
indictment for any other felony, or four, in a case of indict- void.
ment for misdemeanor, every peremptory challenge beyond
the number so allowed in the said cases respectively, shall
be void, and the trial of such person shall proceed as if no
such challenge had been made ; but nothing herein con-
tained shall be construed to prevent the challenge of any
number of jurors for cause. 32-33 W., c. 29, s. 37.
164. In all criminal trials, four jurors may be perempto- Challenges on
rily challenged on the part of the Crown; but this shall not ...”
be construed to affect the right of the Crown to cause any tº
juror to stand aside until the panel has been gone through,
or to challenge any number of jurors for cause. 32-33 W.,
c. 29, s. 38.
H65. The right of the Crown to cause any juror to stand. As to right to
aside until the panel has been gone through, shall not be ºsses
exercised on the trial of any indictment or information by of libel.
a private prosecutor for the publication of a defamatory libel.
37 W., c. 38, s. 11.
166. In those districts in the Province of Quebec in As to juries
which the sheriff is required by law to return a panel of petit º: ºlish
jurors, composed one half of persons speaking the English French in
language, and one half of persons speaking the French lan” “
guage, he shall, in his return, specify separately those jurors
whom he returns as speaking the English language, and
those whom he returns as speaking the French language
2041
Chap. 174.
Procedure in Criminal Cases. 49 WICT.
Peremptory
challenges to
be divided.
Application
of section.
As to juries
half English
and jš
French in
Manitoba.
|Provision if
the panel is
exhausted.
Peremptory
challenges to
be divided.
Application
of section.
Supplying
jurors if the .
panel is
exhausted
respectively; and the names of the jurors so summoned shall
be called alternately from such lists :
2. Whenever any person accused of treason or felony elects
to be tried by a jury composed one half of persons skilled in
the language of the defence, the number of peremptory chal-
lenges to which he is entitled shall be divided, so that he
shall only have the right to challenge one half of such num-
ber from among the English speaking jurors and one half
from among the French speaking jurors : . -
3. This section applies only to the Province of Quebec.
32-33 W., c. 29, s. 40.
167. Whenever any person who is arraigned before the
Court of Queen's Bench for Manitoba, demands a jury com-
posed for the one half at least of persons skilled in the lan-
guage of the defence, if such language is either English or
French, he shall be tried by a jury composed for the one half
at least of the persons whose names stand first in succession
upon the general panel, and who, on appearing, and not be-
ing lawfully challenged, are found, in the judgment of the
court, to be skilled in the language of the defence:
2. Whenever, from the number of challenges, or any other
cause, there is, in any such case, a deficiency of persons.
skilled in the language of the defence, the court shall fix
another day for the trial of such case, and the sheriff shall
supply the deficiency by summoning, for the day so fixed,
such additional number of jurors skilled in the language of
the defence as the court orders, and as are found inscribed
next in succession on the list of petit jurors:
3. Whenever a person accused of treason or felony elects.
to be tried by a jury composed one half of persons skilled in
the language of the defence, the number of peremptory chal-
lenges to which he is entitled shall be divided, so that he
shall only have the right to challenge one half of such num-
ber from among the English speaking jurors, and one half
from among the French speaking jurors:
4. This section applies only to the Province of Manitoba.
34 W., c. 14, ss. 3, 4 and 5.
168. Whenever, in any criminal case, the panel has been
exhausted by challenge, or by default of jurors by non-
attendance or not answering when called, or from any other
cause, and a complete jury for the trial of such case cannot
be had by reason thereof, then, upon request made on behalf
of the Crown, the court may, in its discretion, order the sheriff
or other proper officer forthwith to summon such number of
good men of the district, county or place, whether on the
roll of jurors or otherwise qualified as jurors or not, as the
court deems necessary and directs, in order to make up a full
jury:
2042
1886; Procedure in Criminal Cases. Chap. 174. 43
2. Such sheriff or officer shall forth with summon by word Hºº
. . - º © & - urors shall
of mouth or in writing; the number of persons he is so re-bººmººd.
quired to summon, and add their names to the general panel
of jurors returned to serve at that court, and, subject to the
right of the Crown and of the accused respectively, as to
challenge or direction to stand; aside, the persons whose
names are so added to the panel shall, whether otherwise
qualified or not, be deemed duly qualified as jurors in the
case, and so until a complete jury is obtained, and the trial
shall then proceed as if such jurors were originally returned
duly and regularly on the panel; and if, before such order,
one or more persons have been sworn or admitted unchal-
lenged on the jury, he or they may be retained on the jury,
or the jury may be discharged, as the court directs:
3. Every person so summoned as a juror-shall forthwith Person so
attend and act in obedience to the summons, and if he makes ;...a.
default shall be punishable in like manner as a juror sum-
moned in the usual way; and such jurors so newly sum-
moned shall be added to the panel for such case only. 32-33
W., c. 29, s. 41.
169. In all criminal cases, less than felony, the jury may, Jury may be
in the discretion of the court, and under its direction as to ...”
the conditions, mode and time, be allowed to separate during ”
the progress of the trial. 32-33 W., c. 29, s. 57.
170. Nothing in this Act shall alter, abridge or affect any saving of
power or authority which any court or judge has when this ſº."
Act takes effect, or any practice or form in regard to trials tº
by jury, jury process, juries or jurors, except in cases where
such power or authority is expressly altered by or is incon-
sistent with the provisions of this Act. 32-33 W., c. 29, s. 42.
VIEW.
171. Whenever it appears to any court having criminal Court may
jurisdiction or to any judge thereof, that it will be proper §."."
and necessary that the jurors, or some of them, who are out of the
to try the issues in such case, should have a view of the .
place in question, in order to their better understanding venue is laid.
the evidence that may be given upon the trial of such
issues, whether such place is situate within the county or
united counties in which the venue in any such case is
laid, or without such county or united counties, in any other
county, such court or judge may order a rule to be drawn Rule.
up, containing the usual terms, and, if such court or judge
thinks fit, also requiring the person applying for the view to Deposit by
deposit in the hands of the sheriff of the county or united ...
counties in which the venue in any such case is laid, a sum " &
of money to be named in the rule, for payment of the ex-
penses of the view. 29-30 W. (Can.), c. 46, s. 1.
2043
44
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Duties of
sheriffs, &c.,
in such cases.
172. All the duties and obligations now imposed by law
on the several sheriffs and other persons when the place to
be viewed is situate in the county or united counties in
which the venue in any such case is laid, shall be imposed
Witness be-
fore grand
jury need not
be sworn in
Court.
How such
witness may
be sworn.
Name to be
indorsed on
the bill and
marked With
initials of
the foreman.
Who may be
examined be-
fore grand
jury.
As to fees.
Full defence
allowed.
upon and attach to such sheriffs and other persons when
the place to be viewed is situate out of the county or united
counties in which the venue in any such case is laid. 29-30W.
(Can), c. 46, s. 2. -
SWEARING WITNESSES BEFORE GRAND JURY.
173. It shall not be necessary for any person to take an
oath in open court in order to qualify him to give evidence
before any grand jury. C. S. U. C., c. 109, s. 1.
174. The foreman of the grand jury and any member of .
the grand jury who may, for the time being, act on behalf
of the foreman in the examination of witnesses, may admin-
ister an oath to every person who, under the circumstances
hereinafter enacted, appears before such grand jury to give
evidence in support of any bill of indictment; and every
such person may be sworn and examined upon oath by such
grand jury touching the matters in question. C. S. U. C.,
c. 109, ss. 2 and 6, part;--C. S. L. C., c. 105, s. 2.
175. The name of every witness examined, or intended
to be so examined, shall be indorsed on the bill of indict-
ment; and the foreman of the grand jury, or any member of
the grand jury so acting for him, shall write his initials
against the name of each witness sworn by him and exam-
ined touching such bill of indictment. C. S. U. C., c. 109,
s. 3. -
176. The name of every witness intended to be examined
on any bill of indictment shall be submitted to the grand
jury by the officer prosecuting on behalf of the Crown, and
no others shall be examined by or before such grand jury, un-
less upon the written order of the presiding judge. C. S.U.C.,
c. 109, s. 4.
177. Nothing in this Act shall affect any fees by law
payable to any officer of any court for swearing witnesses,
but such fees shall be payable as if the witnesses had been
sworn in open court. C. S. U. C., c. 109, s. 5.
TRIAI1.
178. Every person tried for any indictable offence shall
be admitted, after the close of the case for the prosecution,
to make full answer and defence thereto by counsel learned
in the law. 32-33 W., c. 29, s. 45, part.
2044
1886. Procedure in Criminal Cases. Chap. 174. 45.
179. Upon the trial the addresses to the jury shall be How ad-
regulated as follows: the counsel for the prosecution, in the jº,
event of the defendant or his counsel not announcing, at the jury shall be
close of the case for the prosecution, his intention to adduce “*
evidence, shall be allowed to address the jury a second time
at the close of such case, for the purpose of summing up the
evidence; and the accused, or his counsel, shall then be
allowed to open his case and also to sum up the evidence, if
any is adduced for the defence; and the right of reply shall
be according to the practice of the courts in England: Pro-Proviso.
vided always, that the right of reply shall be always allowed
to the Attorney General or Solicitor General, or to any Queen's
counsel acting on behalf of the Crown. 32-33 W., c. 29, s.45,
part.
189- Every person under trial shall be entitled, at the Inspection of
time of his trial, to inspect, without fee or reward, all depo- º,
sitions, or copies thereof, taken against him, and returned
into the court before which such trial is had. 32-33 W.,
c. 29, s. 46.
181- Every person indicted for any crime or offence shall, Gopy of in-
before being arraigned on the indictment, be entitled to a *:::::::::
copy thereof, on paying the clerk ten cents per folio for the trial.
same, if the court is of opinion that the same can be made
without delay to the trial, but not otherwise. 32-33 W., c. 29,
s. 47.
182. Every person indicted shall be entitled to a copy of Also copies of
the depositions returned into court on payment of ten cents ...,
per folio for the same, provided, if the same are not demanded conditions.
before the opening of the assizes, term, sittings or sessions,
the court is of opinion that the same can be made without
delay to the trial, but not otherwise; but the court may, if
it sees fit, postpone the trial on account of such copy of the
depositions not having been previously had by the person
charged. 32-33 W., c. 29, s. 48. .
183. If, on the trial of any person charged with any felony Verdict and
or misdemeanor, it appears to the jury, upon the evidence, i.e.,
that the defendant did not complete the offence charged, but offences are
that he was guilty only of an attempt to commit the same, ..."
such person shall not, by reason thereof, be entitled to be
acquitted, but the jury shall be at liberty to return as their
verdict that the defendant is not guilty of the felony or mis-
demeanor charged, but is guilty of an attempt to commit
the same ; and thereupon such person shall be liable to be
punished in the same manner as if he had been convicted
upon an indictment for attempting to commit the particular
felony or misdemeanor charged in the indictment ; and no
person tried as lastly mentioned shall be liable to be after-
wards prosecuted for committing or attempting to commit
2045
46 Chap. 174. Procedure in Criminal Cases. 49 Vict.
the felony or misdemeanor for which he was so tried. 32-33W.,
c. 29, s.49.
#.” 184. If, upon the trial of any person for any misdemea-
meanor and nor, it appears that the facts given, in evidence, while they
†". include such misdemeanor, amount in law to a felony, such
º" person shall not, by reason thereof, be entitled to be acquitted
quitted. of such misdemeanor, unless the court before which such
trial is had thinks fit, in its discretion, to discharge the jury
from giving any verdict upon such trial, and to direct such
person to be indicted for felony, in which case such person
may be dealt with in all respects as if he had not been put
upon his trial for such misdemeanor; and the person tried
for such misdemeanor, if convicted, shall not be liable to be
afterwards prosecuted for felony on the same facts. 32-33 W.,
c. 29, s. 50. -
Nº. 185- No person shall be tried or prosecuted for an attempt.
after ºf for to commit any felony or misdemeanor, who has been pre-
commission: viously tried for committing the same offence. 32-33 W.,
c. 29, s. 52.
fººt 186. If the facts or matters alleged in an indictment for
j."ºugh any felony under the “Act respecting Treason and other Offences
facts amount against the Queen's authority,” amount in law to treason, such
** indictment shall not, by reason thereof, be deemed void.
erroneous or defective ; and if the facts or matters proved on
the trial of any person indicted for felony under the said Act
amount in law to treason, such person shall not, by reason
thereof, be entitled to be acquitted of such felony; but no
person tried for such felony shall be liable to be afterwards
prosecuted for treason upon the same facts. 31 W., c. 69, s. 8.
. 187. The jury empanelled to try any person for treason
isis.” or felony shall not be charged to inquire concerning his
lands, tenements or goods, nor whether he fled for such
treason or felony. 32-33 W., c. 29, s. 53.
On º º 188- If any person tried for the murder of any child is
i.e. acquitted thereof, the jury by whose verdict such person is
ion may be acquitted may find, in case it so appears in evidence, that
jºin the child had recently been born, and that such person did,
by some secret disposition of such child or of the dead body
of such child, endeavor to conceal the birth thereof, and
thereupon the court may pass such sentence as if such per-
son had been convicted upon an indictment for the conceal-
ment of birth. 32-33 W., c. 20, s. 61, part.
§. 189. If, upon the trial of any indictment for any felony,
§ ..., except in cases of murder or manslaughter, the indictment
lºsing alleges that the accused did wound or inflict grievous bodily
#im. harm on any person with intent to maim, disfigure or disable
2046
1886. Procedure in Criminal Cases. Chap. 174.
4'I
any person, or to do some other grievous bodily harm to any
person, or with the intent to resist or prevent the lawful
apprehension or detainer of any person, and the jury is sat-
isfied that the accused is guilty of the wounding, or inflict-
ing grievous bodily harm, charged in the indictment, but is
not satisfied that the accused is guilty of the felony charged
in such indictment, the jury may acquit of the felony, and
find the accused guilty of unlawfully and maliciously wound-
ing, or inflicting grievous bodily harm ; and such accused
shall be liable to three years' imprisonment, 32-33 W., c. 20,
s. 19, part.
190. If, upon the trial of any person for unlawfully and
maliciously administering to or causing to be administered
to or taken by any other person, any poison or other destruc-
tive or noxious thing, so as thereby to endanger the life of
such person, or so as thereby to inflict upon such person any
. . grievous bodily harm, the jury is not satisfied that such
person is guilty of such felony, but is satisfied that he is
... guilty of the misdemeanor of unlawfully and maliciously
administering to, or causing to be administered to or taken
by such person, any poison or other destructive or noxious
thing, with intent to injure, aggrieve or annoy such person,
the jury may acquit the accused of such felony, and find
him guilty of such misdemeanor; and thereupon he shall be
punished in the same manner as if convicted upon an in-
dictment for such misdemeanor. 32-33 W., c. 20, s. 24.
191. If, upon the trial of any person for any felony what-
soever, the crime charged includes an assault against the
person, although an assault is not charged in terms, the jury
may acquit of the felony, and find a verdict of guilty of as-
sault against the person indicted, if the evidence warrants
... such finding, and the person so convicted shall be liable to
five years' imprisonment. 32-33 W., c. 29, s. 51.
192. If, upon the trial of any person upon an indictment
for robbery, it appears to the jury, upon the evidence, that
ihe accused did not commit the crime of robbery, but that
he did commit an assault with intent to rob, the accused
shall not, by reason thereof, be entitled to be acquitted, but
the jury may find him guilty of an assault with intent to
rob ; and thereupon he shall be liable to be punished in the
same manner as if he had been convicted upon an indict-
ment for feloniously assaulting with intent to rob ; and no
person so tried, as is herein lastly mentioned, shall be liable to
be afterwards prosecuted for an assault with intent to commit
the robbery for which he was so tried. 32-33 W., c. 21, s. 40.
193. Every one who is indicted for any burglary, where
the breaking and entering are proved at the trial to have
been made in the day-time and no breaking out appears to
On trial for
felony by
poisoning,
conviction
may be of mis-
demeanor.
Verdict of
assault in
cases of .
felony includ-
ing assault.
On trial for
robbery, con-
viction may
be of assault
with intent to
rob.
On trial for
burglary, con-
viction may
be of house-
- 2047
breaking,
48
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Proof of bur-
glary not a
defence on
charge of
house-
breaking.
Offender in
such case may
be indicted
for burglary.
On trial for
embezzle-
ment, &c.,
conviction
may be of
largeny and
vice versä.
have been made in the night-time, or where it is left doubtful
whether such breaking and entering or breaking out took
place in the day or night-time, shall be acquitted of the
burglary, but may be convicted of the offence of breaking
and entering the dwelling-house with intent to commit a
felony therein. 32-33 W., c. 21, s. 57.
194. It shall not be available, by way of defence, to a
person charged with the offence of breaking and entering
any dwelling-house, church, chapel, meeting-house or other
place of divine worship, or any building within the curtilage,
school-house, shop, warehouse or counting-house, with intent
to commit any felony therein, to show that the breaking and
entering were such as to amount in law to burglary: Pro-
vided, that the offender shall not be afterwards prosecuted
for burglary upon the same facts; but it shall be open to
the court before which the trial for such offence takes place,
upon the application of the person conducting the prosecu-
tion, to allow an acquittal on the ground that the offence,
as proved, amounts to burglary; and if an acquittal takes
place on such ground, and is so returned by the jury in
delivering its verdict, the same shall be recorded together
with the verdict, and such acquittal shall not then avail as
a bar or defence upon an indictment for such burglary.
32-33 W., c. 21, s. 58.
195. If, upon the trial of any person indicted for em-
bezzlement or fraudulent application or disposition of any
chattel, money or valuable security, it is proved that he
took the property in question in any such manner as to
amount in law to larceny, he shall not by reason thereof be
entitled to be acquitted, but the jury may acquit the ac-
cused of embezzlement or fraudulent application or dispo-
sition, and find him guilty of simple larceny or larceny as
a clerk, servant or person employed for the purpose or in
the capacity of a clerk or servant, or as a person employed in
the public service, as the case may be, and thereupon the
accused shall be liable to be punished in the same manner
as if he had been convicted upon an indictment for such
larceny ; and if, upon the trial of any person indicted for
larceny, it is proved that he took the property in question
in any such manner as to amount in law to embezzlement
or fraudulent application or disposition as aforesaid, he shall
not, by reason thereof, be entitled to be acquitted, but the
jury may acquit the accused of larceny, and find him guilty
of embezzlement or fraudulent application or disposition, as
the case may be, and thereupon the accused shall be liable
to be punished in the same manner as if he had been con-
victed upon an indictment for such embezzlement, fraud-
ulent application or disposition ; and no person so tried
for embezzlement, fraudulent application or disposition, or
larceny as aforesaid, shall be liable to be afterwards prose-
2048
1886. Procedure in Criminal cases. Chap. 174. 49
cuted for larceny, fraudulent application or disposition, or
embezzlement, upon the same facts. 32-33 W., c. 21, s. 74,
196. If, upon the trial of any person indicted for obtaining No acquittar
from any other person, by any false pretence, any chattel, :::::::::
money or valuable security, with intent to defraud, it is }. pre-
proved that he obtained the property in question in any ...,
such manner as to amount in law to larceny, he shall not, by amounts to
reason thereof, be entitled to be acquitted of such misde- "y.
meanor; and no person tried for such misdemeanor shall
be liable to be afterwards prosecuted for larceny upon the
same facts. 32-33 W., c. 21, s.93, part.
R97. If, upon the trial of any person for any misdemeanor, The like in
under any of the provisions of sections sixty to seventy-six, #iº,
both inclusive, of “The Larceny Act, ” it appears that the agents, &c.
offence proved amounts to larceny, he shall not by reason
thereof be entitled to be acquitted of the misdemeanor.
32-33 W., c. 21, s. 92, part.
198. If, upon the trial of any person for larceny, it appears On trial for
that the property taken was obtained by such person by .;ºn."
fraud, under circumstances which do not amount to such be of obtain-
taking as constitutes larceny, such person shall not by reason §§
thereof be entitled to be acquitted, but the jury may acquit tënces.
the accused of larceny, and find him guilty of obtaining
such property by false pretences, with intent to defraud,
if the evidence proves such to have been the case, and there-
upon the accused shall be punished in the same manner as
if he had been convicted upon an indictment for obtaining
property by false pretences, and no person so tried for larceny
as aforesaid, shall be afterwards prosecuted for obtaining
property by false pretences upon the same facts. 32-33 W.,
c. 21, s.99.
199. If any indictment containing counts for feloniously When indict-
stealing any property, and for feloniously receiving the same, .# COIl-
or any part or parts thereof, knowing the same to have been tains a count
stolen, has been preferred and found against any person, the * *
prosecutor shall not be put to his election, but the jury may
find a verdict of guilty, either of stealing the property or of
receiving the same, or any part or parts thereof, knowing
the same to have been stolen ; and if such indictment has If two or more
been preferred and found against two or more persons, the ..."
jury may find all or any of the said persons guilty either of
stealing the property or receiving the same, or any part or
parts thereof, knowing the same to have been stolen, or may
find one or more of the said persons guilty of stealing the
property, and the other or others of them guilty of receiv-
ing the same, or any part or parts thereof, knowing the same
to have been stolen. 32-33 W., c. 21, s. 101, part.
2049
50 Chap. 174. Procedure in Criminal Cases. 49 WICT.
* 200. If, upon the trial of two or more persons indicted for
fºr jºi." jointly receiving any property, it is proved that one or more
receiving of such persons separately received any part or parts of such
property, the jury may convict, upon such indictment, such
of the said persons as are proved to have received any part
or parts of such property. 32-33 W., c. 21, s. 103. -
'On trial for 201. If, on the trial of any person for larceny, for em-
‘....” bezzlement, or for obtaining any property by false pre-
may be of tences, the jury is of opinion that such person is not guilty
º: of the offence charged in the indictment, but is of opinion
tion. that he is guilty of an offence against section eighty-five of
“The Larceny Act,” it may find him so guilty, and he shall
be liable to be punished as therein provided, as if he had been
convicted on an indictment under such section. 32-33 W.,
c. 21, s. 110, part.
if one age of 292. If, upon the trial of any indictment for larceny, it
Marceny is - g wº te
..i.a'ind appears that the property alleged in such indictment to
several acts have been stolen at one time was taken at different times,
at different ſº
times are the prosecutor or counsel for the prosecution shall not, by
proved. reason thereof, be required to elect upon which taking he
will proceed, unless it appears that there were more than
three takings, or that more than six months elapsed between
the first and the last of such takings; and in either of such
last mentioned cases the prosecutor or counsel for the pro-
secution shall be required to elect to proceed for such num-
ber of takings, not exceeding three, as appear to have taken
place within the period of six months from the first to the
last of such takings. 32-33 W., c. 21, s. 6.
#. of 203. When proceedings are taken against any person
O TIOleI DOSS6S- F. e & * * - -
jº. for having received goods, knowing them to be stolen, or
º gº's for having in his possession stolen property, evidence may
11 e g *
... be given, at any stage of the proceedings, that there was
found in the possession of such person other property stolen
within the preceding period of twelve months, and such
evidence may be taken into consideration for the purpose of
roving that such person knew the property which forms
D e perso. te º
the subject of the proceedings taken against him to be stolen :
Nº.10 Provided, that not less than three days' notice in writing
accused. g :----e
has been given to the person accused, that proof is in-
tended to be given of such other property, stolen within
the preceding period of twelve months, having been found
in his possession ; and such notice shall specify the nature
or description of such other property, and the person from
whom the same was stolen. 40 W., c. 26, s. 3.
*: Jºvi , 294. When proceedings are taken against any person for
tion of fraud having received goods, knowing them to be stolen, or for
9, ºy having in his possession stolen property, and evidence has
in such cases. ſº ity * * ſº
been given that the stolen property has been found in his
2050
1886. Procedure in Criminal Cases. Chap. 174. 51
possession,-then if such person has, within five years im-
mediately preceding, been convicted of any offence involv-
ing fraud or dishonesty, evidence of such previous convic-
tion may be given at any stage of the proceedings, and may
be taken into consideration for the purpose of proving that
the person accused knew the property which was proved
to be in his possession to have been stolen : Provided, that Nº ſo
e te tº 3 tº * accused.
not less than three days' notice in writing has been given
to the person accused, that proof is intended to be given
of such previous conviction; and it shall not be necessary, Preyious con-
for the purposes of this section, to charge in the indictment ..."”
the previous conviction of the person so accused. 40 W., charged.
c. 26, S. 4.
205. Upon the trial of any person accused of any offence Differences in
respecting the currency or coin, or against the provisions of ...” of
{ { * a & º g rue and false
the “Act respecting Offences relating to the Coin" no difference coin, not
in the date or year, or in any legend marked upon the lawful ground for
coin described in the indictment, and the date or year or acquittal.
legend marked upon the false coin counterfeited to resemble
or pass for such lawful coin, or upon any die, plate, press,
tool or instrument used, constructed, devised, adapted or
designed, for the purpose of counterfeiting or imitating any
such lawful coin, shall be considered a just or lawful cause
or reason for acquitting any such person of such offence;
and it shall, in any case, be sufficient to prove such general
resemblance to the lawful coin as will show an intention
that the counterfeit should pass for it. 32-33 W., c. 18, s. 31.
206. If upon the trial of any person for any felony men- ºn trial for
tioned in the ninth section of the “Act respecting riots, un- ;
lawful assemblies, and breaches of the peace,” the jury is not conviction
satisfied that such person is guilty thereof, but is satisfied #. 1Il-
that he is guilty of any offence mentioned in the tenth section same:
of such Act, they may find him guilty thereof, and he may
be punished accordingly. 32-33 W., c. 22, s. 16, part.
Proceedings when previous offence charged.
207. The proceedings upon any indictment for com- How previous
gº iſ a tº re * re º & 8 & º tº t tº conviction
mitting any offence after a previous conviction or convictions, ...
shall be as follows, that is to say: the offender shall, in the proved.
first instance, be arraigned upon so much only of the indict-
ment as charges the subsequent offence, and if he pleads not
guilty, or if the court orders a plea of not guilty to be entered
on his behalf, the jury shall be charged, in the first instance,
to inquire concerning such subsequent offence only, and if
the jury finds him guilty, or if, on arraignment, he pleads
guilty, he shall then, and not before, be asked whether he
was so previously convicted as alleged in the indictment;
and if he answers that he was so previously convicted, the
court may proceed to sentence him accordingly, but if he
51% 2051
52 Chap. 174. Procedure in Criminal Cases. 49 Vict.
denies that he was so previously convicted, or stands mute
of malice, or will not answer directly to such question, the
jury shall then be charged to inquire concerning such pre-
vious conviction or convictions, and in such case it shall not
be necessary to swear the jury again, but the oath already
taken by them shall, for all purposes, be deemed to extend
If the defend- to such last mentioned inquiry: Provided, that if upon the
...; trial of any person for any such subsequent offence, such per-
good charac- son gives evidence of his good character, the prosecutor may,
ter. in answer thereto, give evidence of the conviction of such
person for the previous offence or offences, before such verdict
of guilty is returned, and the jury shall inquire concerning
such previous conviction or convictions at the same time that
they inquire concerning such subsequent offence. 32-33 W.,
c. 29, s. 26, part.
Impounding Documents.
Court may 208. Whenever any instrument which has been forged or
.*... fraudulently altered is admitted in evidence, the court or the
ments to be . tº *
impounded. judge or person who admits the same, may, at the request of
any person against whom the same is admitted in evidence,
direct that the same shall be impounded and be kept in cus-
tody of some officer of the court or other proper person, for
such period and subject to such conditions as to the court,
judge or person admitting the same, seems meet. 32-33 W.,
c. 19, s. 36.
Destroying Counterfeit Coin.
Counterfeit 209. If any false or counterfeit coin is produced in any
*: ** court, the court shall order the same to be cut in pieces in
~ va v J - vº. • open court, or in the presence of a justice of the peace, and
then delivered to or for the lawful owner thereof, if such
owner claims the same. 32-33 W., c. 18, s. 28.
WITNESSES AND EVIDENCE.
Witnesses 210. Every witness duly subpoenaed to attend and give
... evidence at any criminal trial before any court of criminal
jurisdiction, shall be bound to attend and remain in attend-
ance throughout the trial. 39 W., c. 36, s. 1.
Judge may 211. Upon proof to the satisfaction of the judge, of the
... service of the subpoena upon any witness who fails to attend
to answer for or remain in attendance, and that the presence of such wit-
** mess is material to the ends of justice, he may, by his war-
rant, cause such witness to be apprehended and forthwith
brought before him to give evidence and to answer for his
disregard of the subpoena ; and such witness may be detained
on such warrant before the judge or in the common gaol,
with a view to secure his presence as a witness, or, in the
discretion of the judge, he may be released on a recognizance.
2052
1886. Procedure in Criminal Cases. Chap. , 74. 53
with or without sureties, conditioned for his appearance to
give evidence and to answer for his default in not attending
or not remaining in attendance ; and the judge may, in a Punishment
summary manner, examine into and dispose of the charge **,
against such witness, who, if he is found guilty thereof, shall of such
be liable to a fine not exceeding one hundred dollars, or to *
imprisonment, with or without hard labor, for a term not
exceeding ninety days, or to both. 39 W., c. 36, s. 2.
212. If any witness in any criminal case, cognizable by Witnesses
indictment in any court of criminal jurisdiction at any term, ś, but
sessions or sittings of any such court in any part of Canada, without the
resides in any part thereof, not within the Ordinary jurisdic- º,
tion of the court before which such criminal case is cogni- ºt." As ºf ſº
Zable, such court may issue a writ of subpoena, directed to
such witness, in like manner as if such witness was resident
within the jurisdiction of the court ; and if such witness º
does not obey such writ of subpoena, the court issuing the ..."...a.
same may proceed against such witness for contempt or other-
wise, or bind over such witness to appear at such days and
time as are necessary, and upon default being made in such
appearance, may cause the recognizances of such witness to
be estreated, and the amount thereof to be sued for and re-
covered by process of law, in like manner as if such witness
was resident within the jurisdiction of the court. 32-33 W.,
c. 29, s. 59.
213. When the attendance of any person confined in any witnesses
penitentiary or in any prison or gaol in Canada, or upon the tº
limits of any gaol, is required in any court of criminal juris- ...”
diction in any case cognizable therein by indictment, the
court before whom such prisoner is required to attend may,
or any judge of such court, or of any superior court or county
court may, before or during any such term or sittings at
which the attendance of such person is required, make an
order upon the warden of the penitentiary, or upon the sheriff,
gaoler or other person having the custody of such prisoner,
to deliver such prisoner to the person named in such order
to receive him ; and such person shall, at the time prescribed
in such order, convey such prisoner to the place at which
such person is required to attend, there to receive and obey
such further order as to the said court seems meet. 32-33 W.,
c. 29, s. 60.
214. No person offered as a witness shall, by reason of Yº
e tº * tº 3,01IIll UU6
any alleged incapacity from crime or interest, be excluded ...
from giving evidence on the trial of any criminal case, or in
any proceeding relating or incidental to such case. 32-33 W.,
c. 29, s. 62, and c. 19, s. 54, part.
215. Every person so offered shall be admitted and be flºº."
compellable to give evidence on oath, or solemn affirmation, º º
where an affirmation is receivable, notwithstanding that such lion nº to
51.4% 2053 disqualify.
2
54
Chap. 174. Procedure in Criminal Cases. - 49 VICT. -
Defendant
competent as
witness in
case of as-
Sault.
Evidence of
wife or hus-
band.
If another
crime is
charged, but
not proved.
Application
of section.
In other cases,
accused or
wife or hus-
band not to
give evi-
dence,
Corroborative
evidence
necessary in
forgery cases.
Certain per-
Sons may
make solemn
affirmation.
person has or may have an interest in the matter in question,
or in the event of the trial in which he is offered as a witness,
or of any proceeding relating or incidental to such case, and
notwithstanding that such person so offered as a witness has
been previously convicted of a crime or offence. 32-33 W.,
c. 29, s. 63.
216. On the summary or other trial of any person upon any
complaint, information or indictment, for common assault,
or for assault and battery, the defendant shall be a competent
witness for the prosecution or on his own behalf: .
2. On any such trial the wife or husband of the defend-
ant shall be a competent witness on behalf of the defendant :
3. If another crime is charged, and the court having power
to try the same is of opinion, at the close of the evidence for
the prosecution, that the only case apparently made out is
one of common assault, or of assault and battery, the defen-
dant shall be a competent witness for the prosecution or on
his own behalf, and his wife, or her husband, if the defen-
dant is a woman, shall be a competent witness on behalf of
the defendant, in respect of the charge of common assault,
or assault and battery :
4. Except as in the next preceding sub-section mentioned,
this section shall not apply to any prosecution in which any
other crime than common assault, or assault and battery, is
charged in the information or indictment. 43 W., c. 37, s. 2.
217. Nothing herein contained shall, except as provided
in the next preceding section, render any person who is
charged, in any criminal proceeding, with the commission
of any indictable offence, or any offence punishable on sum-
mary conviction, competent or compellable to give evidence
for or against himself, or shall render any person compellable
to answer any question tending to criminate himself; and
nothing herein contained shall render any husband compe-
tent or compellable to give evidence for or against his wife,
or any wife competent or compellable to give evidence for or
against her husband in any criminal proceeding. C. S. U. C.,
c. 32, s. 18;-R. S. N. S. (3rd S.), c. 135, s. 44, part ;-19 W.
(N.B.), c. 41, s. 2, part ;-16 W. (P. E. I.), c. 12, s. 13, part.
218. The evidence of any person interested or supposed
to be interested in respect of any deed, writing, instrument
or other matter given in evidence on the trial of any indict-
ment or information against any person for any offence
punishable under the “Act respecting Forgery,” shall not be
sufficient to sustain a conviction for any of the said offences
unless the same is corroborated by other legal evidence in
support of such prosecution. 32-33 W., c. 19, s. 54, part.
219. Any quaker or other person allowed by law to affirm
instead of Swearing in civil cases, or who solemnly declares
that the taking of any oath is, according to his religious
2054
1886. Procedure in Criminal cases. Chap. 174. - 55
belief, unlawful, who is required to give evidence in any
criminal case shall, instead of taking an oath in the usual
form, be permitted to make his solemn affirmation or decla-
ration, beginning with the words following, that is to say :
“I, (A. B.), do solemnly, sincerely and truly declare and
affirm ; ” which said affirmation or declaration shall be of the
same force and effect as if such quaker or other person as
aforesaid had taken an oath in the usual form. 32-33 W.,
c. 29, s. 61.
220. Whenever it is made to appear at the instance of the Commis-
Crown, or of the prisoner or defendant, to the satisfaction of sº
a judge of a superior court, or a judge of a county court take evidence
having criminal jurisdiction, that any person who is dan- iºn,
gerously ill, and who, in the opinion of some licensed medical ill.
practitioner is not likely to recover from such illness, is able
and willing to give material information relating to any in-
dictable offence, or relating to any person accused of any
Such offence, such judge may, by order under his hand,
appoint a commissioner to take in writing the statement on
oath or affirmation of such person :
2. Such commissioner shall take such statement and shall Tº be trans-
subscribe the same and add thereto the names of the persons, : to the
if any, present at the taking thereof, and if the deposition officers.
relates to any indictable offence for which any accused per-
son is already committed or bailed to appear for trial, shall
transmit the same, with the said addition, to the proper
officer of the court for trial at which such accused person
has been so committed or bailed; and in every other case he
shall transmit the same to the clerk of the peace of the county,
division or city in which he has taken the same, and such
clerk of the peace shall preserve the same and file it of record,
and, upon order of the court or of a judge, transmit the same
to the proper officer of the court where the same shall be
required to be used as evidence:
3. If afterwards, upon the trial of any offender or offence jº, d
to which the same relates, the person who made the state- in &iº"if
ment is proved to be dead, or if it is proved that there is º. i.
no reasonable probability that such person will ever be able je º
to attend at the trial to give evidence, such statement may, tend.
upon the production of the judge's order appointing such
commissioner, be read in evidence, either for or against the
accused, without further proof thereof.--if the same purports
to be signed by the commissioner by or before whom it pur-
ports to have been taken, and if it is proved to the satisfac-
tion of the court that reasonable notice of the intention to
take such statement was served upon the person (whether
prosecutor or accused) against whom it is proposed to be read
in evidence, and that such person or his counsel or attorney
had, or might have had, if he had chosen to be present, full
opportunity of cross-examining the person who made the
same. 43 W., c. 35, ss. 1 and 3, part.
2055
56 Chap. 174. Procedure in Criminal Cases. 49 WICT,
How prisoner 221. Whenever a prisoner in actual custody is served or
† at the receives notice of an intention to take such statement as
taking of such hereinbefore mentioned, the judge who has appointed the
* commissioner may, by an order in writing, direct the gaoler
having the custody of the prisoner to convey him to the
place mentioned in the said notice, for the purpose of being
present at the taking of the statement ; and such gaoler shall
convey the prisoner accordingly, and the expenses of such
conveyance shall be paid out of the funds applicable to the
other expenses of the prison from which the prisoner has
been conveyed. 43 W., c. 35, ss, 2 and 3, part.
Depositions of 222. If, upon the trial of any accused person, it is proved
§.bent, upon the oath or affirmation of any credible witness, that any
º person whose deposition has been taken by a justice in the
be used. preliminary or other investigation of any charge, is dead, or
is so ill as not to be able to travel, or is absent from Canada,
and if it is also proved that such deposition was taken in the
presence of the person accused, and that he, his counsel or
attorney, had a full opportunity of cross-examining the wit-
ness, then if the deposition purports to be signed by the jus-
tice by or before whom the same purports to have been taken,
it shall be read as evidence in the prosecution, without fur-
ther proof thereof, unless it is proved that such deposition
was not in fact signed by the justice purporting to have
signed the same. 32-33 W., c. 30, s. 30, part.
Statement of 223. The statement made by the accused person before
tº:* the justice may, if necessary, upon the trial of such person,
evidence. be given in evidence against him without further proof
thereof, unless it is proved that the justice purporting to have
signed the same did not in fact sign the same. 32-33 W.,
c. 30, s. 34.
Pºiº. 224. Depositions taken in the preliminary or other in-
... vestigation of any charge against any person may be read
be read in as evidence in the prosecution of such person for any other
#.” offence whatsoever, upon the like proof and in the same
manner, in all respects, as they may, according to law, be
read in the prosecution of the offence with which such per-
son was charged when such depositions were taken. 32-33 W.,
c. 29, s. 58.
Certificate of 225. A certificate, containing the substance and effect
*...* Y." only, omitting the formal part, of the indictment and trial
perjury was e e iº
Committed, for any felony or misdemeanor, purporting to be signed by
... the clerk of the court or other officer having the custody of
the records of the court whereat the indictment was tried,
or among which such indictment has been filed, or by the
deputy of such clerk or other officer, shall, upon the trial of
an indictment for perjury or subornation of perjury, be suffi-
cient evidence of the trial of such indictment for felony or mis-
2056
1886. Procedure in Criminal Cases. Chap. 174 57
de...leanor, without proof of the signature or official character
of the person appearing to have signed the same. 32-33 W.,
c. 23, S. 11.
226. Whenever, upon the trial of any offence, it is neces- Wºbe
sary to prove carnal knowledge, it shall not be necessary to tºw.
prove the actual emission of seed in order to constitute a ledge.
carnal knowledge, but the carnal knowledge shall be deemed
complete on proof of any degree of penetration only. 32-33 W.,
c. 20, s. 65.
227. The trial of any woman charged with the murder Eyilºnge ºf
- -- e - * º º º trial for child
of any issue of her body, male or female, which, being born j
alive, would, by law, be bastard, shall proceed and be gov-
erned by such and like rules of evidence and presumption
as are by law used and allowed to take place in respect to
other trials for murder. 32-33 W., c. 20, s. 62.
228. In any prosecution, proceeding or trial for any offence What shall be
under the eighty-seventh section of “The Larceny Act,” ãº
a timber mark, duly registered under the provisions of the timber.
“Act respecting the Marking of Timber,” on any timber, mast,
spar, saw-log, or other description of lumber, shall be primá
facie evidence that the same is the property of the registered
owner of such timber mark; and possession by any offender, Proof of law-
or by others in his employ, or on his behalf of any such º'
timber, mast, spar, saw-log or other description of lumber so timber to lie
marked, shall, in all cases, throw upon the person charged "***
with any such offence the burden of proving that such tim-
ber, mast, spar, saw-log or other description of lumber, came
lawfully into his possession, or the possession of such others
in his employ or on his behalf as aforesaid. 38 W., c. 40, s. 1,
p(tºt.
229. When, upon the trial of any person, it becomes nec- What shall be
essary to prove that any coin produced in evidence against º
such person is false or counterfeit, it shall not be necessary false or
to prove the same to be false and counterfeit by the evidence *
of any moneyer or other officer of Her Majesty's mint, or other
person employed in producing the lawful coin in Her Ma-
jesty's dominions or elsewhere, whether the coin counterfeited
is current coin, or the coin of any foreign prince, state or
country, not current in Canada, but it shall be sufficient to
prove the same to be false or counterfeit by the evidence of
any other credible witness. 32-33 W., c. 18, s. 30.
230. A certificate, containing the substance and effect Certificº by
- - a i & & - ~~~~ e * tº proper officer
only, omitting the formal part, of any previous indictment ºf ºvi.
and conviction for any felony or misdemeanor, or a copy of tº: º
- 3 & g e º € eVICICI, Ce .
any summary conviction, purporting to be signed by the -
clerk of the court or other officer having the custody of the
records of the court before which the offender was first con-
2057
58
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Proof of pre-
vious convic-
tion of a wit-
ness may be
given, if he
denies it, &c.
When attest-
ing witness
need not be
called.
Comparison
of disputed
writing with
genuine.
How far a
party may .
discredit his
Own Witness.
Cross-exami-
nation as to
previous
statements in
Writing.
victed, or to which such summary conviction was returned,
or by the deputy of such clerk or officer, shall, upon proof
of the identity of the person of the offender, be sufficient
evidence of such conviction, without proof of the signature
or official character of the person appearing to have signed
the same. 32-33 W., c. 29, s. 26, part.
231. A witness may be questioned as to whether he has
been convicted of any felony or misdemeanor, and upon being
so questioned, if he either denies the fact or refuses to answer,
the opposite party may prove such conviction ; and a certi-
ficate, as provided in the next preceding section, shall, upon
proof of the identity of the witness, as such convict, be suffi-
cient evidence of his conviction, without proof of the signa-
ture or the official character of the person appearing to have
signed the certificate, 32-33 W., c. 29, s. 65.
232. It shall not be necessary to prove by the attesting
witness any instrument to the validity of which attestation
is not requisite; and such instrument may be proved by
admission or otherwise as if there had been no attesting
witness thereto. 32-33 W., c. 29, s. 66.
288- Comparison of a disputed writing with any writing
proved to the satisfaction of the court to be genuine, shall
be permitted to be made by witnesses; and such writings
and the evidence of witnesses respecting the same may be
submitted to the court and jury, as evidence of the genuine-
mess or otherwise of the writing in dispute. 32-33 W., c. 29,
S. 67. -
234. A party producing a witness shall not be allowed to
impeach his credit by general evidence of bad character, but
if the witness, in the opinion of the court, proves adverse,
such party may contradict him by other evidence, or, by leave
of the court, may prove that the witness made at other times
a statement inconsistent with his present testimony; but
before such last mentioned proof can be given, the circum-
stances of the supposed statement, sufficient to designate the
particular occasion, shall be mentioned to the witness, and
he shall be asked whether or not he did make such statement.
32-33 W., c. 29, s. 68.
235. Upon any trial, a witness may be cross-examined as
to previous statements made by him in writing, or reduced
to writing, relative to the subject matter of the case, with-
out such writing being shown to him ; but if it is intended
to contradict the witness by the writing, his attention must,
before such contradictory proof can be given, be called to
those parts of the writing which are to be used for the pur-
pose of so contradicting him ; and the judge at any time
during the trial may require the production of the writing
2058
1886. Procedure in Criminal Cases. Chap. 174, 59
for his inspection, and he may thereupon make such use of
it for the purposes of the trial as he thinks fit : Provided, Proviso:
that a deposition of the witness, purporting to have been . .”
taken before a justice on the investigation of the charge, and witness.
to be signed by the witness and the justice, returned to and
produced from the custody of the proper officer, shall be
presumed primá facie to have been signed by the witness.
32-33 W., c. 29, s. 64;-40 W., c. 26, s. 5.
236. If a witness, upon cross-examination as to a former Progfor con-
statement made by him, relative to the subject matter of the #. by
case, and inconsistent with his present testimony, does not witness.
distinctly admit that he did make such statement, proof may
be given that he did in fact make it ; but before such proof
can be given, the circumstances of the supposed statement,
sufficient to designate the particular occasion, shall be men-
tioned to the witness, and he shall be asked whether or not
he did make such statement. 32-33 W., c. 29, s. 69.
WARIANCES-RECORDS.
287. Whenever, in the indictment whereon a trialispend-Mºº
ing before any court of criminal jurisdiction in Canada, any rected.
variance appears between any matter in writing or in print
produced in evidence, and the recital or setting forth there-
of, such court may cause the indictment to be forthwith
amended in such particular or particulars, by some officer
of the court, and after such amendment the trial shall proceed
in the same manner in all respects, both with regard to the
liability of witnesses to be indicted for perjury, and other-
wise, as if no such variance had appeared. 32-33 W., c. 29,
S. 70.
238. Whenever, on the trial of an indictment for any Court may
felony or misdemeanor, any variance appears between the . .”
statement in such indictment and the evidence offered in amended, to
proof thereof, in names, dates, places or other matters or cir- º
cumstances therein mentioned, not material to the merits of -
the case, and by the misstatement whereof the person on
trial cannot be prejudiced in his defence on such merits, the
court before which the trial is pending may order such in-
dictment to be amended according to the proof, by some
officer of the court or other person—both in that part of the
indictment where the variance occurs, and in every other
part of the indictment which it may become necessary to
amend—on such terms as to postponing the trial to be had Conditions
before the same or another jury as such court thinks reason- ºne
able; and if the trial is postponed the court may respite the court.
recognizances of the prosecutor and witnesses, and of the
defendant and his sureties, if any, in which case they shall
respectively be bound to attend at the time and place to
which the trial is postponed, without entering into new
2059
60
Chap. 174. Procedure in Criminal Cases. 49 WICT.
How trial may
be afterwards
proceeded
with.
Order for
amending to
be recorded.
In case of
trial before a
second jury.
Verdict, &c.,
to be valid
after amend-
ment.
Formal re-
cord, how to
be drawn up.
Record of
Conviction or
acquittal.
What defects
not to vitiate
judgment
after verdict
recognizances, and as if such time and place had been men-
tioned in the recognizances respited, as those at which they
were respectively bound to appear. 32-33 W., c. 29, s. 71.
239. After any such amendment the trial shall proceed,
whenever the same is proceeded with, in the same manner
and with the same consequences, both with respect to the
liability of witnesses to be indicted for perjury and in all
other * as if no such variance had occurred. 32-33 W.,
c. 29, S. 72.
240. In such case the order for the amendment shall be
indorsed on the record ; and all other rolls and proceedings
connected there with shall be amended accordingly by the
proper officer and filed with the indictment, among the pro-
per records of the court. 32-33 W., c. 29, s. 73. .
241. When any such trial is had before a second jury,
the Crown and the defendant respectively shall be entitled
to the same challenges as they were entitled to with respect
to the first jury. 32-33 W., c. 29, s. 74.
242. Every verdict and judgment given after the making
of any such amendment shall be of the same force and effect
in all respects as if the indictment had originally been in
the same form in which it is after such amendment has been
made. 32-33 W., c. 29, s. 75. -
243. If it becomes necessary to draw up a formal record
in any case in which an amendment has been made as afore-
said, such record shall be drawn up in the form in which
the indictment remained after the amendment was made,
without taking any notice of the fact of such amendment
having been made. 32-33 W., c. 29. S. 76.
244. In making up the record of any conviction or acquit-
tal on any indictment, it shall be sufficient to copy the in-
dictment with the plea pleaded thereto, without any formal
caption or heading ; and the statement of the arraignment
and the proceedings subsequent thereto, shall be entered of
record in the same manner as before the passing of this Act,
subject to any such alterations in the forms of such entry as
are, from time to time, prescribed by any rule or rules of the
superior courts of criminal jurisdiction respectively,–which
rules shall also apply to such inferior courts of criminal jur-
isdiction as are therein designated. 32-33 W., c. 29, s. 77.
FORMAL DEFECTS CURED AFTER, VERDICT.
245. No judgment upon any indictment for any felony
or misdemeanor, whether after verdict or outlawry, or by
confession, default or otherwise, shall be stayed or reversed
2060
1886. Procedure in Criminal Cases. Chap. 174.
61
for want of the averment of any matter unnecessary to be
proved,—nor for the omission of the words “as appears by
the record,” or of the words “with force and arms,” or of the
words “against the peace,” nor for the insertion of the words
“against the form of the statute,” instead of the words
“against the form of the statutes,” or vice versá, or the omis-
sion of such words or words of like import, nor because any
person mentioned in the indictment is designated by a name
of office or other descriptive appellation, instead of his pro-
per name, nor for want of or any imperfection in the addition
of any defendant or other person, nor for omitting to state
the time at which the offence was committed in any case
where time is not of the essence of the offence, nor for stat-
ing the time imperfectly, nor for stating the offence to have
been committed on a day subsequent to the finding of the
indictment or exhibiting the information, or on an impos-
sible day, or on a day that never happened,—nor for want of
the statement of the value or price of any matter or thing, or
the amount of damage, injury or spoil, in any case where
such value, price, damage, injury or spoil, is not of the
essence of the offence,—mor for the want of a proper or perfect
venue, where the court appears by the indictment to have
had jurisdiction over the offence. 32-33 W., c. 29, s. 78.
246. Judgment, after verdict upon an indictment for
any felony or misdemeanor, shall not be stayed or reversed
for want of a similiter, nor by reason that the jury process
has been awarded to a wrong officer, upon an insufficient
suggestion,-nor for any misnomer or misdescription of the
officer returning such process, or of any of the jurors, -nor
because any person has served upon the jury who was not
returned as a juror by the sheriff or other officer; and where
the offence charged is an offence created by any statute, or
subjected to a greater degree of punishment by any statute,
the indictment shall, after verdict, be held sufficient, if it
describes the offence in the words of the statute creating the
offence, or prescribing the punishment, although they are
disjunctively stated or appear to include more than one
offence, or otherwise. 32-33 W., c. 29, s. 79.
247. No omission to observe the directions contained in
any Act as respects the qualification, selection, balloting or
distribution of jurors, the preparation of the juror's book,
the selecting of jury lists, the drafting panels from the jury
lists or the striking of special juries, shall be a ground for
impeaching any verdict, or shall be allowed for error upon
any writ of error or appeal to be brought upon any judg-
ment rendered in any criminal case. C. S. U. C., c. 31, s. 139.
COSTS.
248. When any person is convicted on any indictment
of any assault whether with or without battery and wound-
or conviction
by confession
or otherwise.
Certain for-
mal defects
not to stay or
reverse judg-
ment after
verdict.
Verdict not to
be impeached
for certain
omissions as
to jurors.
On conviction
or assault
defendant
2061
62 *
Chap. 174. Procedure in Criminal Cases. 49 WICT.
may be
ordered to
pay prosecu-
tor’s costs.
ing, or either of them, such person may, if the court thinks
fit, in addition to any sentence which the court deems pro-
per for the offence, be adjudged to pay to the prosecutor his
actual and necessary costs and expenses of the prosecution,
and such moderate allowance for loss of time as the court,
Such costs
may be levied
by distress.
Restitution of
stolen pro-
perty after
conviction.
Writs of resti-
tution.
Restitution in
other cases.
As to valuable
and nego-
tiable securi-
ties.
Not to apply
to certain
offenders.
by affidavit or other inquiry and examination, ascertains to
be reasonable ; and unless the sums so awarded are sooner
paid, the offender shall be liable to imprisonment for any
term not exceeding three months, in addition to the term of
imprisonment, if any, to which the offender is sentenced for
the offence. 32-33 W., c. 20, s. 78.
249. The court may, by warrant in writing, order such
sum as is so awarded, to be levied by distress and sale of
the goods and chattels of the offender, and paid to the pro-
secutor, and the surplus, if any, arising from such sale, to
the owner; and if such sum is so levied, the offender shall
be released from such imprisonment. 32-33 W., c. 20, s. 79.
RESTITUTION OF STOLEN PROPERTY.
250- If any person who is guilty of any felony or misde-
meanor, in stealing, taking, obtaining, extorting, embezzling,
appropriating, converting or disposing of, or in knowingly
receiving any chattel, money, valuable security, or other
property whatsoever, is indicted for such offence, by or on
behalf of the owner of the property, or his executor or ad-
ministrator, and convicted thereof, the property shall be
restored to the owner or his representative :
2. In every such case, the court before whom such person
is tried for any such felony or misdemeanor, shall have
power to award, from time to time, writs of restitution for
the said property or to order the restitution thereof in a
Summary manner; and the court may also, if it sees fit,
award restitution of the property taken from the prosecutor,
or any witness for the prosecution, by such felony or mis-
demeanor, although the person indicted is not convicted
thereof, if the jury declares, as it may do, that such pro-
perty belongs to such prosecutor or witness, and that he was
unlawfully deprived of it by such felony or misdemeanor :
3. If it appears before any award or order is made, that
any valuable security has been bond fide paid or discharged
by any person liable to the payment thereof, or being a
negotiable instrument, has been bond fide taken or received
by transfer or delivery, by any person, for a just and valuable
consideration, without any notice or without any reasonable
cause to suspect that the same had, by any felony or mis-
demeanor, been stolen, taken, obtained, extorted, embezzled,
converted or disposed of the court shall not award or order
the restitution of such security :
4. Nothing in this section contained shall apply to the
case of any prosecution of any trustee, banker, merchant,
2062 -
1886. Procedure in Criminal Cases. Chap. 174. 63
attorney, factor, broker or other agent intrusted with the pos-
session of goods or documents of title to goods, for any mis-
demeanor under “The Larceny Act.” 32-33 W., c. 21, S. 113.
251. When any prisoner has been convicted, either sum- Restitution in
marily or otherwise, of any larceny or other offence, includ: º:
ing the stealing or unlawfully obtaining any property, and taken from
it appears to the court, by the evidence, that the prisoner the prisoner.
sold such property or part of it to any person who had no
knowledge that it was stolen or unlawfully obtained, and
that money has been taken from the prisoner on his appre-
hension, the court may, on the application of such purchaser
and on restitution of the property to its owner, order that
out of the money so taken from the prisoner, a sum not
exceeding the amount of the proceeds of the sale be deliv-
ered to such purchaser. 32-33 W., c. 21, S. 114.
INSANE PRISONERS. **
252. Whenever it is given in evidence upon the trial of July acquit.
any person charged with any offence, whether the same is º;
treason, felony or misdemeanor, that such person was insane insanity, to
at the time of the commission of such offence, and such per-ºist.
son is acquitted, the jury shall be required to find, specially,
whether such person was insane at the time of the commis-
sion of such offence, and to declare whether he is acquitted
by it on account of such insanity; and if it finds that such
person was insane at the time of committing such offence,
the court before which such trial is had, shall order such
person to be kept in strict custody in such place and in such
manner as to the court seems fit, until the pleasure of the
Lieutenant Governor is known. 32-33 W., c. 29, S. 99.
253. The Lieutenant Governor of the Province in which Such person
the case arises may, thereupon, make such Order for the tº to be
safe custody of such person during his pleasure, in such kept in cus-
place and in such manner as to him seems fit. 32-33 W., *
c. 29, s. 100.
254. If any person, before the passing of this Act, whether Lt. Governºr
before or after the first day of July, one thousand eight hund-º
red and sixty-seven, was acquitted of any such offence on the tain other
ground of insanity at the time of the commission thereof, *.
and has been detained in custody as a dangerous person by
order of the court before which such person was tried, and
still remains in custody, the Lieutenant Governor may make
a like order for the safe custody of such person during
pleasure. 32-33 W., c. 29, s. 101 ;–40 W., c. 26, s. 7.
255. If any person indicted for any offence is insane, and º
e g e Wºlt, Il TeS De Ct,
upon arraignment is so found by a jury empanelled for lº
that purpose, so that such person cannot be tried upon such indicted for
2063
64 Chap. 174. Procedure in Criminal Cases. 49 Vict.
. §º, indictment, or if, upon the trial of any person so indicted,
beinja such person appears to the jury charged with the indict-
jury. ment to be insane, the court, before which such person is
brought to be arraigned, or is tried as aforesaid, may direct
such finding to be recorded, and thereupon may order such
person to be kept in strict custody until the pleasure of the
Lieutenant Governor is known. 32-33 W., c. 29, s. 102.
And in the . 256. If any person charged with an offence is brought
... before any court to be discharged for want of prosecution,
be discharged and such person appears to be insane, the court shall order
i... a jury to be empanelled to try the sanity of such person ;
prosecution. g ſº ºn º e
and if the jury so empanelled finds him insane, the court
shall order such person to be kept in strict custody, in such
place and in such manner as to the court seems fit, until the
pleasure of the Lieutenant Governor is known. 32-33 W.,
c. 29, s. 103. - --
In such cases 257. In all cases of insanity so found, the Lieutenant
Hºnº Governor may make such order for the safe custody, during
orders, &c., pleasure, of the person so found to be insane, in such place
and in such manner as to him seems fit. 32-33 W., c. 29, s. 104.
Removal and 258. The Lieutenant Governor, upon such evidence of
º: the insanity of any person imprisoned for an offence, or
SOIle l’S. imprisoned for safe custody charged with an offence, or im-
prisoned for not finding bail for good behavior or to keep the
peace, as the Lieutenant Governor considers sufficient, may
order the removal of such insane person to a place of safe
keeping; and such person shall remain there, or in such
other place of safe keeping, as the Lieutenant Governor from
time to time orders, until his complete or partial recovery is
certified to the satisfaction of the Lieutenant Governor, who
may then order such insane person back to imprisonment, if
then liable thereto, or otherwise to be discharged. 36 W.,
c. 51, s. 1. sº “ -
CROWN CASES RESERVED.
tºº. 259. Every court before which any person is convicted
ions ºf iaºw on indictment of any treason, felony Or misdemeanor, and
ºf tº every judge within the meaning of “The Speedy Trials Act,”
te trying any person under such Act, may, in its or his dis-
cretion, reserve any question of law which arises on the trial,
for the consideration of the justices of the court for Crown
cases reserved, and thereupon may respite execution of the
judgment on such conviction, or postpone the judgment,
until such question has been considered and decided; and
gº in either case the court before which the person is convicted
ji in such may, in its discretion, commit the person convicted to prison,
CaSC. or take a recognizance of bail, with one or two sufficient
sureties, in such sum as such court thinks fit, conditioned
- * 2064
1886. f Procedure in Criminal Cases. Chap. 174, 65
for his appearance at such time as such court directs, to re-
ceive judgment or to render himselfin execution, as the case
may be. 38 W., c. 45, s. 1;-46 W., c. 10, s. 5, part;-49 W.,
c. 47, s. 1;-C. S. U. C., c. 112, s. 1;-C. S. L. C., c. 77, s. 57;-
R. S. N. S. (3rd, S.), c. 171, s. 99, part;-1 R. S. N. B., c. 159,
s. 22, part. .
260. The judge or other person presiding at the court Judge to state
before which the person is convicted, shall thereupon state and sign a
in a case to be signed by such judge or other person, any “
question of law so reserved, with the special circumstances
upon which the same arose; and such case shall be trans- Transmis.
mitted by such judge, or other person, to the court for Crown sion thereof.
cases reserved, on or before the last day of the first week of
the term of such court next after the time when such trial
was had. C. S. U. C., c. 112, s. 2;-C. S. L. C., c. 77, s. 58,
part;-R. S. N. S. (3rd S.), c. 171, s. 100;-1 R. S. N.B., c. 159,
S. 23, part. - -
261. The justices of the court for Crown cases reserved, proceedings
to which the case is transmitted, shall hear and finally thereupon in
determine such question, and reverse, affirm or amend any à...ses
judgment given on the trial wherein such question arose, or reserved.
shall avoid such judgment or order an entry to be made on
the record, that in the judgment of such justices the person
convicted ought not to have been convicted, or shall arrest
the judgment, or if no judgment has been given, shall order
judgment to be given thereon at some future session of the
court before which the person was convicted, or shall make
such other order as justice requires. C. S. U. C., c. 112, s. 3;
—C. S. L. C., c. 77, s. 58, part ;--R. S. N. S. (3rd S.), c. 171,
s. 101;-1 R. S. N. B., c. 159, s. 23, part.
262. The judgment and order of such justices shall be How judg-
certified under the hand of the chief justice, president or nº order
senior judge of the court for Crown cases reserved, to the * CCI'-
clerk of the court before which the person was convicted,
who shall enter the same on the original record in proper Entry and
form, and a certificate of such entry, under the hand of such certificate
clerk, in the form as near as may be, or to the effect men- *
tioned in the third schedule to this Act, with the necessary
alterations to adapt it to the circumstances of the case, shall
be delivered or transmitted by him to the sheriff or gaoler *
in whose custody the person convicted is; and the said cer- Effect of such
tificate shall be sufficient warrant to such sheriff or gaoler, certificate.
and all other persons, for the execution of the judgment, as
so certified to have been affirmed or amended, and execution
shall thereupon be carried out on such judgment, or if the
judgment has been reversed, avoided or arrested, the per-
son convicted shall be discharged from further imprison-
ment, and the court before which the person was convicted
shall, at its next session, vacate the recognizance of bail, if
2065 3.
66
Chap. 174. Procedure in Criminal Cases. 49 WICT.
How the judg-.
ment shall be
delivered.
Case may be
sent back for
amendment.
any; or if the court before which the person was convicted
is directed to give judgment, such court shall proceed to
give judgment at the next session thereof 46 W., c. 10,
S. 5, part —C. S. U. C., c. 112, s. 4;-C. S. L. C., c. 77, s. 59;-
R. S. N. S. (3rd S.), c. 171, s. 102;—1 R. S. N. B., c. 159, s. 23,
part. - $
268- The judgment of the justices of the court for Crown
cases reserved shall be delivered in open court, after hear-
ing counsel or the parties, in case the prosecutor or person
convicted thinks it fit that the case should be argued, in
like manner as other judgments of such court are delivered,
but no notice, appearance or other form of procedure, except
such only as such justices in such case see fit to direct, shall
be requisite. C. S. U. C., c. 112, s. 5;-C. S. L. C., c. 77, s. 60;
—R. S. N. S. (3rd S.), c. 171, s. 103.
264. The justices of the court for Crown cases reserved,
when any question has been so reserved for their considera-
tion, may cause the case or certificate to be sent back for
amendment, and thereupon the same shall be amended
accordingly, and judgment may be delivered after it has
Writs of
error, how
tested and
returnable.
On what such
writ shall be
founded.
Proceedings
in Court of
€ l'I'Ol'.
been amended. C. S. U. C., c. 112, s. 6;-C. S. L. C., c. 77,
s. 61 ;-1 R. S. N. B., c. 159, s. 24.
WIRITS OF ERROR.
265. Writs of error shall run in the name of the Queen,
and shall be tested and returnable according to the prac-
tice of the court granting such writ, and shall, in the Pro-
vince of Quebec, operate a stay of execution of the judgment
of the court below. C. S. U. C., c. 113, s. 16, part —C. S. L. C.,
c. 77, s. 56, part. -
266. No writ of error shall be allowed in any criminal
case unless it is founded on some question of law which
could not have been reserved, or which the judge presiding
at the trial refused to reserve for the consideration of the
court having jurisdiction in such cases. 32-33 W., c. 29,
s. 80, part. -
267. Whenever in a criminal case any writ of error has
been brought upon any judgment or any indictment, infor-
mation, presentment or inquisition, and the court of error
reverses the judgment, the court of error may either pro-
nounce the proper judgment, or remit the record to the court
below, in order that such court may pronounce the proper
judgment upon such indictment, information, presentment
or inquisition. C. S. U. C., c. 113, s. 17 –C. S. L. C., c. 77,
s. 62;—1 R. S. N. B., c. 160, s. 1.
2066
1886. Procédure in Criminal Cases. Chap. 174. 67
NEW TRIAI,S.
268. A new trial shall pot be granted in any criminal Wºº,
* * * * : .. * * * * * : e. trial may Bad
ease unless the conviction is declared bad for a cause which jºb.
makes the former trial a nullity so that there was no lawful granted.
trial in the case: Provided that a new trial may be granted
in cases of misdemeanor in which, by law, new trials may
now be granted, and that nothing herein contained shall in-
terfere with the power of the Supreme Court of Canada to
grant a new trial, as provided in “The Supreme and Earche-
4) wer Courts Act,” 32-33 W., c. 29, s. 80, part.
SPECIAT, PROVISIONS.
269. Any judge, retired judge, or Queen's counsel pre-Judge, &c., in
siding at any sittings of the High Court of Justice of Onta-º.”
rio may reserve the giving of his final decision on ques- decision.
tions raised at the trial; and his decision, whenever given,
shall be considered as if given at the time of the trial.
46 W., c. 10, s. 1. •
270. The practice and procedure in all Criminal cases Practice and
and matters whatsoever in the said High Court of Justice Fº in
shall be the same as the practice and procedure in similar ..."
cases and matters before the establishment of the said High
Court. 46 W., c. 10, s. 2.
*7B. If any general commission for the holding of a court who may be
of assize and misi prius, oyer and terminer or general gaol ...,
delivery is issued by the Governor General for any county holding
or district in the Province of Ontario, such commission shall assiº, **
contain the names of the justices of the Supreme Court of
Judicature for Ontario, and may also contain the names of
the judges of any of the county courts in Ontario, and of
any of Her Majesty's counsel learned in the law, appointed
for the Province of Upper Canada, or for the Province of
Ontario, and if any such commission is for a provisional
judicial district such commission may contain the name of
the judge of the district court of the said district :
2. The said courts shall be presided over by one of the Who shaft
justices of the said Supreme Court, or in their absence by P*.
one of such county court judges or by one of such counsel,
or in the case of the said district by the judge of the said
district court. 46 W., c. 10, s. 4. -
272. It shall not be necessary for any court of General Court not
Sessions in the Province of Ontario to deliver the gaol of all jº.
prisoners who are confined upon charges of simple larceny, gaol.
but the court may leave any such cases, to be tried at the
next court of oyer and terminer and general gaol delivery,
if, by reason of the difficulty or importance of the case, or for
any other cause, it appears to it proper so to do, C. S. U. C.,
c. 17, s. 8. -
52% 2067
68
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Defendant in
misdemeanor
Imay not
one trial by
imparlance. .
Defendant
may be re-
quired to
plead forth-
with.
Time may be
allowed.
Provision if
defendant is
not brought
to trial
Within 12
months.
Calendar of
criminal cases,
for grand
jury in N. S.
Ost-
273. If any person is prosecuted in either division of
the High Court of Justice for Ontario, for any misdemeanor,
by information there filed or by indictment there found, or
removed into such court, and appears therein in term time,
in person, or, in case of a corporation, by attorney, to answer
to such information or indictment, such defendant, upon
being charged there with, shall not imparl to a following
term, but shall plead or demur thereto, within four days.
from the time of his appearance; and in default of his plead-
ing or demurring within four days as aforesaid, judgment
Imay be entered against such defendant for want of a plea.
C. S. U. C., c. 108, s. 1.
2.74. If such defendant appears to such information or
indictment by attorney, such defendant shall not imparl
to a following term, but a rule, requiring him to plead, may
forthwith be given and served, and a plea to such informa-
tion or indictment may be enforced, or judgment in default
may be entered, in the same manner as might have been
dome formerly in cases in which the defendant had appeared
to such information or indictment by attorney in a previous
term ; but the court, or any judge thereof, upon sufficient
cause shown for that purpose, may allow further time for
such defendant to plead or demur to such information or
indictment. C. S. U. C., c. 108, s. 2. -
275. If any prosecution for misdemeanor instituted by
the Attorney General for Ontario in the said court, is not
brought to trial within twelve months next after the plea
of not guilty has been pleaded thereto, the court in which
such prosecution is depending, upon application made on
behalf of any defendant in such prosecution, of which appli-
cation twenty days’ previous notice shall be given to such
Attorney General, may make an order, authorizing such
defendant to bring on the trial of such prosecution ; and
thereupon such defendant may bring on such trial accord-
ingly, unless a nolle prosequi is entered to such prosecution.
C. S. U. C., c. 108, s. 4.
276. In the Province of Nova Scotia a calendar of the
criminal cases shall be sent by the clerk of the Crown to
the grand jury in each term, together with the depositions
taken in each case and the names of the different witnesses,
and the indictments shall not be made out, except in Hali-
fax, until the grand jury so directs. R. S. N. S. (3rd S.), c. 123,
s. 17.
277. A judge of the Supreme Court of Nova Scotia may
sentence convicted criminals on any day of the sittings at
Halifax, as well as in term time. R. S. N. S. (3rd S.), c. 171,
When sen-
tence may be
pronounced
in N. S.
s. 75.
2068
1886. Procedure in Criminal Cases. Chap. 174. 69
GENERAL PROVISIONS.
278. The several forms in the schedules to this Act, or Forms in
forms to the like effect, shall be good, valid and sufficient ...”
in law, and the forms of indictment contained in the second
schedule to this Act may be used, and shall be sufficient as
respects the several offences to which they respectively re-
late ; and as respects offences not mentioned in such second As to offences
schedule, the said forms shall serve as a guide to show the º-
e º . . tioned.
manner in which offences are to be charged, so as to avoid
surplusage and verbiage, and the averment of matters not
necessary to be proved, and the indictment shall be good if,
in the opinion of the court, the prisoner will sustain no in-
jury from its being held to be so, and the offence or offences
intended to be charged by it can be understood from it.
32-33 W., c. 29, s. 27, and c. 30, s. 66. -
279. Nothing herein contained shall alter or affect any Army, and
of the laws relating to the government of Her Majesty's º'
land or naval forces. 32-33 W., c. 29, s. 137.
FIRST SCHEDULE.
(A.)
INFORMATION AND COMPLAINT FOR AN INDICTABLE OFFENCE.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
The information and complaint of C. D. of (yeoman),
taken this day of , in the year before the under-
signed, , a justice of the peace in and for the said
district (or county, or as the case may be), of , who
says that (&c., stating the offence).
Sworn (or affirmed) before (me) the day and year first
above mentioned, at
J. S.
524% 2069
Chap. 174. Procedure in Criminal Cases. 40 WICT.
(B.)
wARRANT TO APPREHEND A PERSON CHARGED WITH AN
INDICTABLE OFFENCE.
Province of
district (or county,
united counties, or
Canad a, )
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or County, united counties, or as the case may
be), of -
Whereas A. B., of (laborer), has this day been
charged upon oath before the undersigned , a justice
of the peace in and for the said district (or county, united
counties, or as the case may be), of , for that he, on 5
at , did (&c., stating shortly the offence): These are there-
fore to command you, in Her Majesty's name, forthwith to
apprehend the said A. B., and to bring him before (me) or
some other justice of the peace in and for the said district
(or county, united counties, or as the case may be), of y
to answer unto the said charge, and to be further dealt with
according to law.
Given under (my) hand and seal, this day of
at , in the district (county, &c.), aforesaid.
J. S. [L.s.]
(C.)
SUMMONS TO A PERSON CHARGED WITH AN INDICTABLE
OFFENCE. -
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To A. B., of , (laborer) :
Whereas you have this day been charged before the under-
signed , a justice of the peace in and for the said
district (or county, united counties, or as the case may be),
of for that you on , at (&c., stating shortly the
offence): These are therefore to command you, in Her Ma-
jesty's name, to be and appear before (me) on , at
o'clock in the (fore) noon, at , or before such other jus-
tice or justices of the peace for the same district (or county,
united counties, or as the case may be), of , as shall then
2070
1886. Procedure in Criminal Cases. Chap. 174. 'T1:...'
be there, to answer to the said charge, and to be further
dealt with according to law. Herein fail not.
Given under (my) hand and seal, this day of , in
the year , at , in the district (or county, &c.), aforesaid.
J. S. [L. S.]
(D.)
WARRANT WHEN THE SUMMIONS IS DISOBEYED.
- Canada,
Province of
district (or county, W.
united counties, or
as the case may be),
of
To all or any of the constables, or other peace officers in the
said district (or county, united counties, or as the case
may be), of :
Whereas on the day of . . . (instant or last past)
A. B., of the , was charged before (me or us,)
the undersigned (or name the justice or justices, or as the
case may be), (a) justice of the peace in and for the said
district (or county, united counties, as the case may be), of
º for that (&c., as in the summons); and whereas
(I, or he the said justice of the peace, or we or they, the said
justices of the peace) did then issue (my, our, his or their)
summons to the said A. B., commanding him, in Her Ma-
jesty's name, to be and appear before (me) on
at o'clock in the (fore) moon, at , or before
such other justice or justices of the peace as should then
be there, to answer to the said charge and to be further
dealt with according to law ; and whereas the said A. B.
has neglected to be or appear at the time and place ap-
pointed in and by the said summons, although it has now
been proved to (me) upon oath that the said summons was
duly served upon the said A. B. : These are therefore to
command you, in Her Majesty's name, forthwith to appre-
hend the said A. B., and to bring him before (me) or some
other justice of the peace in and for the said district (or
county, united counties, or as the case may be), of , to
answer the said charge, and to be further dealt with ac-
cording to law.
Given under (my) hand and seal, this day of
in the year , at , in the district (or county,
&c.), aforesaid. -
J. S. (L.S.]
2071
72
Chap. 174. Procedure in Criminal Cases. 49 VICT.
(D. 2.) -
WARRANT TO APPREHEND A PERSON CHARGED WITH AN IN-
DICTABLE OFFENCE COMMITTED ON THE HIGHEL SEAS OR
A BROAD. •
For offences committed on the high seas the warrant may be
the same as in ordinary cases, but describing the offence to have
been committed “on the high seas, out of the body of any
district or county of Canada and within the jurisdiction of
the Admiralty of England.”
For offences committed abroad, for which the parties may be
indicted in Canada, the warrant also may be the same as in
ordinary cases, but describing the offence to have been com-
mitled “on land out of Canada, to wit : at in the
Kingdom of , or, at , in the Island of y
in the West Indies, or at , in the East Indies,” or as
the case may be.
-*=-
(E.)
CERTIFICATE of INDICTMENT BEING FOUND.
I hereby certify that at a Court of (Oyer and Terminer,
or General Gaol Delivery, or General Sessions of the Peace)
holden in and for the district (or county, united counties,
or as the case may be), of , at , in the said district,
(county, &c), on , a bill of indictment was found by
the grand jury against A. B., therein described as A. B.,
late of (laborer), for that he (&c., stating shortly the
offence), and that the said A. B. has not appeared or pleaded
to the said indictment. -
Dated this day of , in the year
Z. X.
Clerk.
Clerk of the Crown, (or deputy clerk of the Crown) for
the district (or county, united counties, or as the case may
- O?” ‘. . - -
Clerk of the peace of and for the said district (or county,
united counties, or as the case may be). . -
2072
1886. Procedure in Criminal Cases. Chap. 174.
T3
(F) *.
WARRANT TO APPREHEND A PERSON INDICTED.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in
the said district (or county, united counties, or as the case
may be), of * - *
Whereas it has been duly certified by J. D., clerk of the
Crown, of (name the court) (or E. G., deputy clerk of the
Crown or clerk of the peace, as the case may be), in and for
the district (or county, united counties, or as the case may
be), of , that (&c., stating the certificate): These are
therefore to command you in Her Majesty's name forthwith
to apprehend the said A. B., and to bring him before (me)
or some other justice or justices of the peace in and for the
said district (or county, united counties, or as the case may
be), to be dealt with according to law.
Given under my hand and seal, this day of
in the year , at , in the district (or
county, &c.), aforesaid.
J. S. [L. S.]
J. P.
(G.)
WARRANT OF COMMITMENT OF A PERSON INDICTED.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables, or other peace officers in the
said district (or county, &c.), of , and the
keeper of the common gaol, at . , in the said district (or
county, united counties, or as the case may be), of
Whereas by a warrant under the hand and seal of
(a) justice of the peace in and for the said district (or county,
united counties, or as the case may be), of under
hand and seal, dated , after reciting that it had
been certified by J. D., (&c., as in the certificate), ( )
the said justice of the peace commanded all or any of
the constables, in Her Majesty's name, forthwith to ap-
prehend the said A. B., and to bring him before (him) the
said justice of the peace in and for the said district (or
2073
Chap. 174. Procedure in Criminal Cases. 49 WICT.
county, united counties, or as the case may be), of Ol”
before some other justice or justices in and for the said dis-
trict (or county, united counties, or as the case may be), to be
dealt with according to law; and whereas the said, A. B.
has been apprehended under and by virtue of the said war-
rant, and being now brought before (me) it is hereupon duly
proved to (me) upon oath that the said A. B. is the same
person who is named and charged by , in the said
indictment: These are therefore to command you, the said
constables and peace officers, or any of you, in Her Majesty's.
name, forthwith to take and convey the said A. B. to the
said common gaol at , in the said district (or
county, united counties, or as the case may be), of -
and there to deliver him to the keeper thereof, together with
this precept; and (I) hereby command you the said keeper
to receive the said A. B., into your custody in the said gaol,
and him there safely to keep until he shall thence be de-
livered by due course of law. -
Given under (my) hand and seal, this day of
in the year - - w , at , in the district
(or county, &c.), aforesaid.
J. S. [L.s...}
J. P.
* -
(H.)
WARRANT TO DETAIN A PERSON INDICTED WIHO IS AIREADYT
IN CUSTODY FOR ANOTHER OFFENCE.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To the keeper of the common gaol at in the said
ºptic (or county, united counties, or as the case may be)
O
Whereas it has been duly certified by J. D., clerk of the
Crown of (name the court, or deputy clerk of the Crown or
clerk of the peace) of and for the district (or county, united
counties, or as the case may be), of that (&c., stating
the certificate); And whereas (I am) informed that the said
A. B., is in your custody in the said common gaol at
aforesaid, charged with some offence, or other matter; and it
being now duly proved upon oath before (me) that the said
A. B., so indicted as aforesaid, and the said A. B., in your
custody, as aforesaid, are one and the same person: These are
therefore to command you, in Her Majesty's name, to detain
the said A. B. in your custody in the common gaol aforesaid,
until by a writ of habeas corpus he shall be removed there-
;-
from, for the purpose of being tried upon the said indict-
2074
1886. Procedure in Criminal Cases. Chap. 174.
T
ment, or until he shall otherwise be removed or discharged
out of your custody by due course of law. -
Given under (my) hand and seal, this day of
in the year , at , in the
district (or county, &c.), aforesaid. -
J. S. [L.S.]
J. P.
(I.)
INDORSEMENT IN BACKING A WARRANT.
Canada,
Province of * y
district (or county, (.
united counties, or
as the case may be),
of
Whereas proof upon oath has this day been made before
Ime, a justice of the peace in and for the said
district (or county, united counties, or as the case may be), of
that the name of J.S. to the within warrant subscribed,
is of the handwriting of the justice of the peace within
mentioned: I do therefore hereby authorize W.T. who brings
to me.this warrant and all other persons to whom this war-
rant was originally directed, or by whom it may be law-
fully executed, and also all constables and other peace
officers of the said district (or county, united counties, or
as the case may be), of , to execute the same within the
said last mentioned district (or county, united counties, or
as the case may be). s
Given under my hand, this day of , in the
year - - , at , in the district (or
county, &c.), aforesaid. -
J. L.
(K.)
INFORMATION TO OBTAIN A SEARCH WARRANT.
* Canada,
Province of
district (or county,
united counties, or
as the case may be),
of - -
The information of A. B., of the , of
in the said district (or county, &c.), (yeoman), taken this
- day of , in the year
before me, W. S., Esquire, a justice of the peace, in and for
the district (or county, united counties, or as the case may
be), of , who says that, on the day of
(insert the description of articles stolen) of the goods and chat-
2075
Chap. 174. Procedure in Criminal Cases. 49 WICT.
f
tels of deponent, were feloniously stolen, taken and carried
away, from and out of the (dwelling-house, &c.), of this
deponent, at the (township, &c.), aforesaid, by some person
or persons unknown (or name the person), and that he has just
and reasonable cause to suspect, and suspects, that the said
goods and chattels, or some part of them are concealed in
the (dwelling-house, &c.,) of C. D., of
in the said district (or county, &c.), (here add the causes of sus-
picion, whatever they may be): Wherefore (he) prays that a
search warrant may be granted to him to search the (dwell-
$ng-house, &c.), of the said C. D., as aforesaid, for the said
goods and chattels so feloniously stolen, taken and carried
away as aforesaid.
Sworn (or affirmed) before me the day and year first above
mentioned, at in the said district (or county, &c.), of
W. S.,
*=======
(K. 2.)
SEARCH WARRANT.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of -
To all or any of the constables, or other peace officers, in
* district (or county, united counties, or as the case may
be), of :
Whereas A. B. of the of in the said district
(or county, &c.), has this day made oath before me the un-
dersigned a justice of the peace, in and for the said
district (or county, united counties, or as the case may be), of
that, on the day of , (copy information
as far as place of supposed concealment): These are therefore
in Her Majesty's name to authorize and require you, and
each and every of you, with necessary and proper assistance,
to enter in the day-time into the said (dwelling-house, &c.),
of the said , and there diligently search for the said
goods and chattels, and if the same, or any part thereof, are
found upon such search, that you bring the goods so found,
and also the body of the said C. D. before me, and some
other justice of the peace, in and for the said district (or
county, united counties, or as the case may be), of
to be disposed of and dealt with according to law.
Given under my hand and seal, at , in the said
district (or county, &c.), this day of , in the
year
W. S., (Seal.)
20.76
1886. Procedure in Criminal Cases. Chap. 174.
iſ
(L.)
SUMMONS TO A WITNESS.
Canada,
Province of &
district (or county,
united counties, or
as the case may be),
of
To E. F., of (laborer).
Whereas information has been laid before the undersigned
- , a justice of the peace in and for the said district (or
county, united counties, or as the case may be), of . .
that A. B. (&c., as in the summons or warrant against the
accused), and it has been made to appear to me upon (oath),
that you are likely to give material evidence for (the prosecu-
tion); These are therefore to require you to be and to appear
before me on next, at o'clock in the (fore)
noon, at , or before such other justice or justices
of the peace of the same district (or county, united counties,
or as the case may be), of , as shall then be there, to
testify what you know concerning the said charge so made
against the said A. B. as aforesaid. Herein fail not.
Given under my hand and seal, this day of in
the year , at , in the district (or county, &c.),
aforesaid.
J.S. [L.S.]
*=======mºse
(L. 2.)
WARRANT WHEN A WITNESS HAS NOT OBEYED THE
SIſ MMONS. -
Canada,
Province of
district (or county,
united counties, or
as the case may be),
Of
To all or any of the constables or other peace officers in
the said district (or county, united counties, or as the case
may be), of
Whereas information having been laid before , 8,
justice of the peace, in and for the said district (or county,
&c.), of , that A. B. (&c., as in the summons); and
it having been made to appear to (me) upon oath that E.F.
of (laborer), was likely to give material evidence for
(the prosecution), (I) duly issued (my) summons to the said
B.F., requiring him to be and appear before (me) on
2077
'78.
Chap. 174. Procedure in Criminal 'Cases. 49 WICT.
, at or before such other justice or justices
of the peace for the same district (or county, united coun-
ties, or as the case may be), as should then be there, to testify
what he knows respecting the said charge so made against
the said A.B., as aforesaid ; and whereas proof has this day
been made upon oath before (me) of such summons having
been duly served upon the said E.F.; and whereas the said
E.F. has neglected to appear at the time and place appointed
by the said summons, and no just excuse has been offered
for such neglect: These are therefore to command you to
bring and have the said E.F. before (me) on at
o'clock in the (fore) noon, at or before
such other justice or justices for the same district (or county,
united counties, or as the case may be), as shall then be there,
to testify what he knows concerning the said charge so made
against the said A.B. as aforesaid.
Given under (my) hand and seal, this day of
in the year , at in the district (or county,
&c.), aforesaid.
J. S. [L.S.] -
(L. 3.)
WARRANT FOR A WITNESS IN THE FIRST INSTANCE.
Janada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in
the said district (or county, united counties, or as the case
may be), of
Whereas information has been laid before the undersigned
, a justice of the peace, in and for the said district (or
county, united counties, or as the case may be), of , that
(&c., as in the summons); and it having been made to appear
to (me) upon oath, that E. F. of (laborer), is likely to
give material evidence for the prosecution, and that it is
probable that the said E. F. will not attend to give evidence
unless compelled to do so: These are therefore to command
you to bring and have the said E. F. before (me) on
at o'clock in the (fore) noon, at , or before
such other justice or justices of the peace for the same
district (or county, united counties, or as the case may be),
as shall then be there, to testify what he knows concerning
the said charge so made against the said A. B. as aforesaid.
Given under my hand and seal, this day of
in the year , at in the district (or county,
&c.), aforesaid.
J. S. [L.s.
2078
1886. Procedure in Criminal Cases. Chap. 174.
79
(L. 4.)
w ARRANT of COMMITMENT OF A WITNESS FOR REFUSING TO
BE SWORN, OR TO GIVE EVIDENCE.
Canada,
Province of
district (or 'county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in
the district (or county, united counties, or as the case may
be), of and to the keeper of the common gaol
at . , in the said district (or county, united coun-
ties, or as the case may be), of :
Whereas A. B. was lately charged before
a justice of the peace in and for the said district (or county,
united counties, or as the case may be), of , for that (&c.,
as in the summons); and it having been made to appear to
(me) upon oath that E. F. of was likely to give
material evidence for the prosecution (I) duly issued (my)
summons to the said E. F., requiring him to be and appear
before me on , at , or before such
other justice or justices of the peace for the same district (or
county, united counties, or as the case may be), as should then
be there, to testify what he knows concerning the said
charge so made against the said A. B. as aforesaid; and the
said E. F. now appearing before (me) (or being brought
before (me) by virtue of a warrant in that behalf), to testify
as aforesaid, and being required to make oath or affirmation
as a witness in that behalf, now refuses so to do (or being
duly sworn as a witness now refuses to answer certain
questions concerning the premises which are now here put
to him, and more particularly the following
without offering any just excuse for such refusal: These are
therefore to command you, the said constables, peace officers,
or any one of you, to take the said E. F. and him safely con-
vey to the common gaol at , in the district (or
county, &c.), aforesaid, and there to deliver him to the keeper
thereof, together with this precept: And (I) do hereby com-
mand you, the said keeper of the said common gaol to
receive the said E. F. into your custody in the said common
gaol, and him there safely keep for the space of days,
for his said contempt, unless in the meantime he consents
to be examined, and to answer concerning the premises; and
for your so doing, this shall be your sufficient warrant.
Given under (my) hand and seal, this day of
in the year , at , in the district (or county,
&c.), aforesaid.
J. S. [L. S.]
2079
80
Chap. 174. Procedure in Criminal Cases. 49 WICT.
(M.)
WARRANT REMANDING A PRISONER,
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of -
To all or any of the constables and other peace officers in the
said district (or county, united counties, or as the case may
be), of , and to the keeper of the (common gaol or
lock-up house) , in the said district (or county,
&c.), of .
Whereas A. B. was this day charged before the under-
signed , a justice of the peace in and for the said
district (or county, united counties, or as the case may be), of
, for that (&c., as in the warrant to apprehend), and
it appears to (me) to be necessary to remand the said A. B. :
These are therefore to command you, the said constables and
peace officers in Her Majesty's name, forthwith to convey the
said A. B. to the (common gaol or lock-up house) at y
in the said district (or county, &c.), and there to deliver him
to the keeper thereof, together with this precept; and I
hereby command you the said keeper to receive the said
A. B. into your custody in the said (common gaol or lock-up
house), and there safely keep him until the day
of , , (instant) when I hereby command you to
have him at , at o'clock in the
(fore) noon of the same day before (me) or before such other
justice or justices of the peace for the said district (or county,
united counties, or as the case may be), as shall then be there,
to answer further to the said charge, and to be further dealt
with according to law, unless you shall be otherwise ordered
in the meantime.
Given under my hand and seal, this day of y
in the year , at in the district (or county, &c.),
aforesaid.
J. S. [L.s.]
(M. 2.)
|RECOGNIZANCE OF BAIL INSTEAD OF REMAND ON AN ADJOURN-
MENT OF EXAMINATION.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
Be it remembered, that on the day of
in the year A.B. of (laborer),
2080 -
1886. Procedure in Criminal Cases. Chap. 174.
, 81
L. M., of (grocer), and N. O., of (butcher)
personally came before me, , a justice
of the peace for the said district (or county, united coun-
ties, or as the case may be), and severally acknowledged them-
selves to owe to our Sovereign Lady the Queen, her heirs
and successors, the several sums following, that is to say:
the said A. B. the sum of . and the said L. M.
and N. O. the sum of , each, of good and lawful
Current money of Canada, to be made and levied of their
several goods and chattels, lands and tenements respective-
ly, to the use of our said Lady the Queen, her heirs and suc-
cessors, if he, the said A. B., fails in the condition indorsed
(or hereunder written).
Taken and acknowledged the day and year first above
mentioned, at before me.
J. S.
CONDITION.
The condition of the within (or above) written recogniz-
ance is such that whereas the within bounden A.B. was this
day (or on last past) charged before me for that (&c.,
as in the warrant); and whereas the examination of the wit-
nesses for the prosecution in this behalf is adjourned until
the day of (instant): If, therefore, the
said A. B. appears before me on the said day of
(instant) at o'clock
in the (fore) noon, or before such other justice or justices
of the peace for the said district (or county, united counties,
or as the case may be), as shall then be there, to answer
(further) to the said charge, and to be further dealt with
according to law, the said recognizance to be void, otherwise
to stand in full force and virtue.
(M. 3.)
NOTICE OF RECOGNIZANCE TO BE GIVEN TO THE ACCUSED AND
HIS SURETIES.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
Take notice that you, A. B., of , are bound in
the sum of , and your Sureties, L. M. and N. O., in
the sum of , each, that you, A. B., appear before
me, J. S., a justice of the peace for the district (or county,
united counties, or as the case may be), of
OIl , the day of (instant), at
o'clock in the (fore) noon at , or before such other
2081
82
Chap. 174. Procedure in Criminal Cases. 49 WICT.
justice or justices of the same district (or county, united
counties, or as the case may be), as shall then be there, to
answer (further) to the charge made against you by C. D.,
and to be further dealt with according to law; and unless
you, A. B., personally appear accordingly, the amounts men-
tioned in the recognizance entered into by yourself and
sureties will be forth with levied on you and them.
Dated this day of , in the year --
J. S.
(M. 4.)
CERTIFICATE OF NON-APPEARANCE TO BE INDORSED ON THE
RECOGNIZANCE. *—.
I hereby certify that the said A. B. has not appeared at
the time and place, in the above condition mentioned, but
therein has made default, by reason whereof the within
written recognizance is forfeited. -
J. S.,
J. P.
(N.)
T) EPOSITIONS OF WITNESSES.
Canada,
Province of
district (or county,
united counties, or
as the case may be), \
of
The examination of C. D., of (farmer), and E. F.,
of , (laborer), taken on (oath) this day of y
in the year º, at in the district (or
county, &c., or as the case may be), aforesaid, before the under-
signed , a justice of the peace for the said district
(or county, united counties, or as the case may be), in the pres--
ence and hearing of A. B., who is charged this day before
(me) for that he, the said A. B., at (&c.,
describe the offence as in a warrant of commitment).
This deponent, C. D., upon his (oath) says as follows:
(&c., stating the deposition of the witness as nearly as possible
in the words he uses. When his deposition is completed let him
sign iſ).
And this deponent, E. F., upon his (oath) says as follows:
(&c.) - - t
The above depositions of C. D. and E. F. were taken and
(sworn) before me, at - ; on the day and year first
above mentioned.
- J. S.
2082
1886. Procedure in Criminal Cases. Chap. 174.
83
(O.)
STATEMENT OF THE ACCUSED.
Canada,
Province of }
district (or county, A
united counties, or
as the case may be),
of
A. B. stands charged before the undersigned
- }
3
a justice of the peace, in and for the district (or county,
united counties, or as the case may be), aforesaid, this
- day of -- , in the year s , for
that the said A. B., on , at (&c.,
as in the captions of the depositions); and the said charge
being read to the said A. B., and the witnesses for the prose-
cution, C. D. and E. F., being severally examined in his
presence, the said A. B. is now addressed by me as follows:
“Having heard the evidence, do you wish to say anything
“in answer to the charge 2 You are not obliged to say any-
“thing unless you desire to do so; but whatever you say
“will be taken down in writing, and may be given in
“evidence against you at your trial.” Whereupon the said
A. B. says as follows: (Here state whatever the prisoner says,
and in his very words, as nearly as possible. Get him to sign
it if he will). 3.
A. B.
Taken before me, at , the day and year first
above mentioned.
J.S.
s===ºmº
(P.)
WARRANT OF COMMITMENT.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
district (or county, united counties, or as the case may be)
y
of , and to the keeper of the common gaol of
the district (or county, united counties, or as the case
may be), at , in the said district
(or county, &c.), of
53% 2083
84
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Whereas A. B. was this day charged before (me) J. S., a
justice of the peace in and for the said district (or county,
united counties, or as the case may be), of on the
oath of C. D., of (farmer), and others, for
that (&c., stating shortly the offence): These are therefore to
command you the said constables or peace officers, or any
of you, to take the said A. B., and him safely convey to the
common gaol at aforesaid, and there deliver
him to the keeper thereof, together with this precept :
And I do hereby command you, the said keeper of the said
common gaol, to receive the said A. B. into your custody in
the said common gaol, and there safely to keep him until
he shall be thence delivered by due course of law.
Given under my hand and seal, this day of
, in the year , at
, in the district (or county, &c.), aforesaid.
J. S. [L. S.]
(Q.)
RECOGNIZANCE TO PROSECUTE OR GIVE EVIDENCE.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of *
Be it remembered, that on the day of 7
in the year C. D. of 7
in the of , in the (township) of 3.
in the said district (or county, &c.), of (farmer), per-
sonally came before me , a justice of the peace in and for
the said district (or county, united counties, or as the case
may be), of , and acknowledged himself to owe to our
Sovereign Lady the Queen, Her heirs and successors, the
sum of , of good and lawful current money of
Canada, to be made and levied of his goods and chattels,
lands and tenements, to the use of our said Sovereign Lady
the Queen, Her heirs and successors, if the said C. D. fails
in the condition indorsed (or hereunder written).
Taken and acknowledged the day and year first above
mentioned at , before me.
J. S.
2084
1886. Procedure in Criminal Cases. Chap. 174.
85
CONDITION TO PROSECUTE. *
The condition of the within (or above) written recogniz-
ance is such that whereas one A. B. was this day charged
before me, J. S., a justice of the peace within mentioned, for
that (&c, as in the caption of the depositions); if, therefore, he
the said C. D. appears at the next court of oyer and terminer
or general gaol delivery, (or at the next court of General or
Quarter Sessions of the Peace), to be holden in and for the
district (or county, united counties, or as the case may be),
Of 36 , and there prefers or causes to be pre-
ferred a bill of indictment for the offence aforesaid, against
the said A. B., and there also duly prosecutes such indict-
ment, then the said recognizance to be void otherwise to
stand in full force and virtue.
CONDITION TO PROSECUTE AND GIVE EVIDENCE.
(Same as the last form, to the asterisk, * and then thus):—
And there prefers or causes to be preferred a bill of in-
dictment against the said A. B. for the offence aforesaid,
and duly prosecutes such indictment, and gives evidence
thereon, as well to the jurors who shall then inquire into
the said offence, as also to them who shall pass upon the
trial of the said A. B., then the said recognizance to be void,
or else to stand in full force and virtue. -
CONDITION TO GIVE EVIDENCE.
(Same as the last form but one, to the asterisk,” and them
thus):—And there gives such evidence as he knows upon a
bill of indictment to be then and there preferred against the
said A. B. for the offence aforesaid, as well to the jurors who
shall there inquire of the said offence, as also to the jurors
who shall pass upon the trial of the said A. B., if the said
bill shall be found a true bill, then the said recognizance to
be void, otherwise to remain in full force and virtue.
(Q. 2.)
NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE
PROSECUTOR, AND HIS WITNESSES.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
Take notice that you C. D. of , are bound in the
sum of to appear at the next court of oyer and ter-
miner and general gaol delivery (or at the next court of
534% 2085
86
Chap. 174. Procedure in Criminal Cases. 49 WICT.
General Sessions of the Peace), in and for the district (or
county, united counties, or as the case may be), of
to be holden at , in the said district (or county, &c.),
and then and there (prosecute and) give evidence against
A. B., and unless you then appear there (prosecute) and give
evidence accordingly, the amount mentioned in the recogni-
zance entered into by you will be forthwith levied on you.
Dated this day of in the year J. S
(R.)
COMMITMENT OF A WITNESS FOR REFUSING TO ENTER INTO
THE RECOGNIZANCE,
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, &c.), of , and to the keeper
of the common gaol of the said district, (or county, &c.,
or as the case may be), at , in the said district
(or county, &c., or as the case may be), of :
Whereas A. B. was lately charged before the undersigned
(name of the justice of the peace), a justice of the peace in and
for the said district (or county, &c.), of for that (&c.,
as in the summons to the witness), and it having been made
to appear to (me) upon oath that E. F., of WaS
likely to give material evidence for the prosecution, (I) duly
issued (my) summons to the said E. F., requiring him to be
and appear before (me) on , at or before such
other justice or justices of the peace as should then be there,
to testify what he knows concerning the said charge so
made against the said A. B. as aforesaid; and the said E. F.
now appearing before (me) (or being brought before (me) by
virtue of a warrant in that behalf to testify as aforesaid), has
been now examined before (me) touching the premises, but
being by (me) required to enter into a recognizance condi-
tioned to give evidence against the said A. B., now refuses
so to do : These are therefore to command you the said con-
stables or peace officers, or any one of you, to take the said
E. F. and him safely convey to the common gaol at 3.
in the district (or county, &c.), aforesaid, and there deliver
him to the said keeper thereof, together with this precept :
And I do hereby command you, the said keeper of the said
common gaol, to receive the said E. F. into your custody in
2086
1886. Procedure in Criminal Cases. Chap. 174.
87
the said common gaol, there to imprison and safely keep
him until after the trial of the said A. B. for the offence
aforesaid, unless in the meantime the said E. F. duly enters
into such recognizance as aforesaid, in the sum of
before some one justice of the peace for the said district, (or
County, united counties, or as the case may be), conditioned
in the usual form to appear at the next court of oyer and
terminer, or general gaol delivery (or General or Quarter
Sessions of the Peace), to be holden in and for the said dis-
trict (or county, united counties, or as the case may be), of
, and there to give evidence before the grand jury
upon any bill of indictment which shall then and there
be preferred against the said A. B. for the offence aforesaid,
and also to give evidence upon the trial of the said A. B. for
the said offence, if a true bill is found against him for the
Sa,IIl 62.
Given under my hand and seal, this day of , in
the year , at in the district (or county, &c.),
aforesaid.
J. S. |L.S.]
(R. 2.)
subsequENT ORDER TO DISCHARGE THE WITNESS.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To the keeper of the common gaol at . , in the
district (or county, &c.), of aforesaid
Whereas by (my) order dated the day of
(instant) reciting that A. B. was lately before then charged
before (me) for a certain offence therein mentioned, and that
E. F. having appeared before (me) and being examined as a
witness for the prosecution on that behalf, refused to enter
into recognizance to give evidence against the said A. B.,
and I therefore thereby committed the said E. F. to your
custody, and required you safely to keep him until after the
trial of the said A. B. for the offence aforesaid, unless in the
meantime he should enter into such recognizance as afore-
said; and whereas for want of sufficient evidence against
the said A. B., the said A. B. has not been committed or
holden to bail for the said offence, but on the contrary
thereof has been since discharged, and it is therefore not
necessary that the said E. F. should be detained longer in
your custody : These are therefore to order and direct you
2087
88
Chap. 174. Procedure in Criminal Cases. 49 WICT.
the said keeper to discharge the said E. F. out of your
custody, as to the said commitment, and suffer him to go at
large.
Given under my hand and seal, this day of
in the year , at in the district (or county,
&c.), aforesaid.
J. S. |L. S.]
J. P.
(S.)
RECOGNIZANCE OF BAIL.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
Be it remembered, that on the day of in
the year , A. B. of (laborer), L. M.
of , (grocer), and N. O. of (butcher,) personally
came before (us) the undersigned, (two) justices of the peace
for the district (or county, united counties, or as the case
may be), of and severally acknowledged themselves
to owe to our Sovereign Lady the Queen, Her heirs and
successors, the several sums following, that is to say : the
said A. B. the sum of , and the said L. M. and N.O.
the sum of , each, of good and lawful current money
of Canada, to be made and levied of their several goods and
chattels, lands and tenements respectively, to the use of
our said Sovereign Lady the Queen, Her heirs and succes-
sors, if he, the said A. B., fails in the condition indorsed (or
hereunder written).
Taken and acknowledged the day and year first above
mentioned, at before us.
- J. S.
J. N.
CONDITION.
The condition of the within (or above) written recogni-
Zance, is such that whereas the said A. B. was this day
charged before (us), the justices within mentioned for that
(&c., as in the warrant); if, therefore, the said A. B. appears
at the next court of oyer and terminer (or general gaol de-
livery or court of General or Quarter Sessions of the Peace) to
be holden in and for the district (or county, united counties,
or as the case may be), of , and there surrenders himself
into the custody of the keeper of the common gaol (or lock-
up house) there, and pleads to such indictment as may be
2088 *
1886. *s Procedure in Criminal Cases. Chap. 174.
89
found against him by the grand jury, for and in respect to
the charge aforesaid, and takes his trial upon the same, and
does not depart the said court without leave, then the said
recognizance to be void, otherwise to stand in full force and
virtue. -
(S. 2.)
NOTICE OF THE SAID RECOGNIZANCE TO BE GIVEN TO THE
ACCUSED AND HIS BAIT.
Take notice that you A. B., of , are bound in the
sum of , and your sureties (L. M. and N. O.) in
the sum of , each, that you A. B. appear (&c., as in the
condition of the recognizance), and not depart the said court
without leave ; and unless you, the said A. B., personally
appear and plead, and take your trial accordingly, the
amount mentioned in the recognizance entered into by you
and your sureties shall be forthwith levied on you and them.
Dated this day of , in the year
J. S.
(S. 3.)
WARRANT OF DELIVERANCE ON BAII, BEING GIVEN FOR, A
PRISONER ALREADY COMMITTED.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To the keeper of the common gaol of the district (or county,
united counties, or as the case may be), of at
, in the said district (or county, united counties,
or as the case may be).
Whereas A. B. late of (laborer), has before (us) (two)
justices of the peace in and for the said district (or county,
united counties, or as the case may be), of , entered
into his own recognizance, and found sufficient sureties for
his appearance at the next court of oyer and terminer or
general gaol delivery (or court of General or Quarter Ses-
Sions of the Peace), to be holden in and for the district (or
county, united counties, or as the case may be), of 2
to answer Our Sovereign Lady the Queen, for that (&c., as
in the commitment), for which he was taken and committed
to your said common gaol: These are therefore to command
2089 ''
90
Chap. 174. Procedure in Criminal cases. 49 WICT.
you, in Her Majesty's name, that if thefsaid A. B. remains
in your custody in the said common gaol for the said cause,
and for no other, you shall forthwith suffer him to go at
large. -
Given under our hands and seals, this day of
, in the year , at in the
district (or county, &c.), aforesaid.
J. S. [L. S.]
J. N. [L. S.]
- (T.)
GAOLER'S RECEIPT TO THE CONSTABLE FOR THE PRISONER.
I hereby certify that I have received from W.T., constable,
of the district (or county, &c.), of , the body of
A. B., together with a warrant under the hand and seal of
J. S., Esquire, a justice of the peace for the said district (or
county, united counties, or as the case may be), of
, and that the said A. B. was sober, (or as the case may
be), at the time he was delivered into my custody.
P. K.,
Keeper of the common gaol of
the said district (or county,
&c).
(U.)
WARRANT TO CONVEY THE ACCUSED BEFORE A JUSTICE OF THE.
COUNTY IN WEHICH THE OFFENCE WAS COMMITTED.
Canada,
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of * -
Whereas A. B., of (laborer), has this day been
charged before the undersigned , a justice of the peace,
in and for the said district (or county, united counties, or as
the case may be), of , for that (3*., as in the warrant
to apprehend); and whereas (I) have taken the deposition of
C. D., a witness examined by (me) in this behalf, but inas-
much as (I) am informed that the principal witnesses to
prove the said offence against the said A. B. reside in the
2090
1886. Procedure in Criminal Cases. Chap. 174.
91
district (or county, united counties, or as the case may be), of
where the said offence is alleged to
have been committed: These are therefore to command you,
in Her Majesty's name, forthwith to take and convey the
said A. B. to the said district (or county, united counties, or
as the case may be), of , and there carry him
before some justice or justices of the peace in and for that
district (or county, united counties, or as the case may be),
and in or near unto the (township of ) where the
offence is alleged to have been committed, to answer further
to the said charge before him or them, and to be further
dealt with according to law; and (I) hereby further command
you to deliver to the said justice or justices the informa-
tion in this behalf, and also the said deposition of C. D., now
given into your possession for that purpose, together with
this precept. -
Given under my hand and seal, this day of
, in the year , at , in the
district (or county, &c.), aforesaid.
J. S. (L.S.]
sºms wºmmºmºsº ºsºme
(U. 2.)
FECEIPT TO BE GIVEN TO THE CONSTABLE TRY. THE JUSTICE
FOR THE COUNTY IN WIHICH THE OFFENCE WAS COMMIT-
TED.
Canada,
Province of --
district (or county,
united counties, or
as the case may be),
of
I, J. P., a justice of the peace in and for the district (or
county, &c.), of , hereby certify that W. T., con-
stable, (or peace officer), of the district (or county, united
counties, or as the case may be), of , has, on this
day of , in the year
, by virtue of and in obedience to a warrant of
J. S., Esquire, a justice of the peace in and for the district
(or county, united counties, or as the case may be), of }
produced before me one A. B., charged before the said J. S.
with having (&c., stating shortly the offence), and delivered
him into the custody of , by my direction, to
answer to the said charge, and further to be dealt with
according to law, and has also delivered unto me the said
warrant, together with the information (if any) in that be-
half, nd the deposition (s) of C. D. (and of ) in the
said warrant mentioned, and that he has also proved to me,
2091
Chap. 174. Procedure in Criminal Cases. 49 WICT.
upon oath, the handwriting of the said J. S. subscribed to
the same.
Dated the day and year first above mentioned, at
in the said district (or county, &c.), of
J. P.
SECOND SCHEDULE.
FORMS OF INDICTMENT.
JMurder.
County (or district) The jurors for our Lady the Queen,
of to Wit: ) upon their oath, present that A. B., on
the day of in the year
, at in the county (or district)
of , did feloniously, wilfully, and of his malice afore-
thought, kill and murder one C. D.
Manslaughter.
Same as last form, omitting “wilfully
and of malice aforethought,” and sub-
stituting the word “slay” for the word “murder.”
County (or district)
of , to wit:
Bodily Harm.
County (or district) |
Of , to wit : The jurors for our Lady the Queen,
upon their oath, present that J. B., on
the day of , at , did feloniously administer
to (or cause to be taken by) one A. B., poison (or other des-
tructive thing) and did thereby cause bodily harm to the
said A. B., with intent to kill the said A. B. (or C. D.)
Rape.
County (or district)
iurors for our Ladv t
of , to wit : The jurors for Our Lady the Queen,
upon their oath, present that A. B., on
the day of , at , by force and against her
will, feloniously ravished and carnally knew C.D., a woman
above the age of twelve years.
Simple Larceny.
County (or district)
The iuror *
of , to wit: ſ , he jurors for our Lady the Queen,
upon their oath, present that A.B., on
the day of , at , did feloniously steal a
gold watch, the property of C. D.
2092
1886. Procedure in Criminal Cases Chap. 174,
93
Robbery.
County (or distriº) | The jurors for our Lady the Queen,
Of to Wit ) upon their oath, present that A. B.,
on the day of , at , did feloniously
rob C.D. (and at the time of, or immediately before or after
such robbery (if the case is so), did cause grievous bodily
harm to the said C. D.), (or to any person, naming him).
Burglary.
County (or district) | The jurors for our Lady the Queen,
of tº Wit upon their oath, present that A. B., on
the day of , at did feloniously
break into and enter the dwelling-house of C. D., in the
night-time, with intent to commit a felony therein (or as
the case may be).
Stealing Money.
County (or district) The jurors for our Lady the Queen,
of tº Wº) upon their oath, present that A. B., on
the - day of , at , did feloniously
steal a certain sum of money, to wit, to the amount of
dollars, the property of one C. D. (or as the case may be).
Embezzlement.
County (or district) The jurors for our Lady the Queen,
of , to wit: ) upon their oath, present that A. B., on
the day of , at , being a servant
(or clerk) then employed in that capacity by one C. D., did
then and there, in virtue thereof, receive a certain sum of
money, to wit, to the amount of , for and on
account of the said C. D., and the said money did feloniously
embezzle.
False Pretences.
County (or district) The jurors for our Lady the Queen,
Of to Wit: ) on their oath, present that A. B., on
the day of , at , unlawfully,
fraudulently and knowingly, by false pretences, did obtain
from one C. D., six yards of muslin, of the goods and chattels
of the said C. D., with intent to defraud.
Offences against the Habitation.
County (or district) The jurors for our Lady the Queen,
of * Wit: ) upon their oath, present that A.B., on
the day of , at , did feloniously
and maliciously set fire to the dwelling-house of C. D., the
said C. D. (or some other person by name, or if the name is un-
Known, some person) being therein.
2093
94
Chap. 174. Procedure in Criminal Cases. 49 WICT.
County (or district)
County (or district)
Malicious Injuries to Property.
The jurors for our Lady the Queen,
upon their oath, present that A. B., on
the day of , at , did feloniously
and maliciously set fire, or attempt to set fire, to a certain
building or erection, that is to say (a house or barn or bridge,
or as the case may be) the property of one C. D. (or as the case
may be).
of , to wit:
Forgery.
The jurors for our Lady the Queen,
upon their oath, present that A. B., on
the day of , at , did feloniously
forge (or utter, knowing the same to be forged) a certain
of , to wit:
promissory note, &c. (or clandestinely and without the con-
sent of the owner, did make an alteration in a certain writ-
ten instrument with intent to defraud, or as the case may be).
Coining.
County (or district) The jurors for our Lady the Queen,
of to Wit: ) on their oath, present that A. B., on
the day of , at , did feloniously
counterfeit a gold coin of the United Kingdom, called a
sovereign, current by law in Canada, with intent to defraud,
(or had in his possession a
counterfeit of a gold coin of the United Kingdom, called a
sovereign, current by law in Canada, knowing the same to be
counterfeit, and with intent to defraud by uttering the same).
Perjury.
County (or district)
of , to wit : The jurors for our Lady the Queen,
upon their oath, present that hereto-
fore, to wit, at the (assizes) holden for the county (or dis-
trict) of , on the day of 2
before (one of the judges of our Lady the Queen), a certain
issue between one E. F. and one J. H., in a certain action of
covenant, was tried, upon which trial A. B. appeared as a
witness for and on behalf of the said E. F., and was then
and there duly sworn before the said , and did then
and there, upon his oath, aforesaid, falsely, wilfully and
corruptly depose and swear in substance and to the effect
following, “ that he saw the said G. H. duly eaecule the deed
on which the said action was brought,” whereas, in truth, the .
said A. B. did not see the said G. H. execute the said deed,
and the said deed was not executed by the said G. H., and
the said A. B. did thereby commit wilful and corrupt perjury.
2094 -
i886. Procedure in Criminal Cases. Chap. 174.
95
Subornation of Perjury.
County (or district) Same as last form to the end, and then
of. to Wit ) proceed:—And the jurors further pre-
sent, that before the committing of the said offence by the
said A. B., to wit, on the day of , at , C.D.,
unlawfully, wilfully and corruptly did cause and procure
the said A. B. to do and commit the said offence in manner
and form aforesaid.
Offences against the Public Peace.
County (or district) |
of to wit: ) The jurors for Our Lady the Queen,
upon their oath, present that A.B., on
the day of , at , with two or more persons,
did riotously and tumultuously assemble together to the
disturbance of the public peace, and with force did demo-
lish, pull down or destroy (or attempt or begin to demolish,
&c.), a certain building or erection of C. D.
Offences against the Administration of Justice.
County (or district) The jurors for our Lady the Queen,
of to Wit ) upon their oath, present that A.B., on
the day of , at did corruptly take or receive
money under pretence of helping C. D. to a chattel (or
money, &c.), that is to say, a horse (or five dollars, or a note,
or a carriage), which had been stolen (or as the case may be).
Bigamy or offences against the Law for the Solemnization of
Marriage.
County (or district) | The jurors for Our Lady the Queen,
of , to wit : ) upon their oath, present that A.B., on
the day of , at , being then married, did
feloniously marry C. D. during the lifetime of the wife of
the said A. B —(or not being duly authorized, did solemnize
(or assist in the solemnization of) a marriage between C, D
and E. F., or being duly authorized to marry, did solemnize
marriage between C. D. and E. F. before proclamation of
banns according to law, or without a license for such mar-
riage under the hand and seal of the Governor).
Offences relating to the Army.
County (or district)
of , to wit : The jurors for our Lady the Queen,
upon their oath, present that A.B., on
the day of , at , did solicit (or procure) a
soldier to desert the Queen's service (or as the case may be).
2095
96
Chap. 174. Procedure in Criminal Cases. 49 WICT.
Offences against Public Morals and Decency.
County (or district) | The jurors for our Lady the Queen,
of to Wit: ) upon their oath, present that A. B., on
the day of , at , did keep a common gaming,
bawdy or disorderly house (or rooms).
Geºeral Form.
County (or district) The jurors for our Lady the Queen,
of * Wit ) upon their oath, present that A.B., on
the day of , at , did (here describe the
offence in the terms in which it is described in the law, or state
such facts as constitute the offence intended to be charged, and
if the offence is felony, state the act to have been done feloniously).
THIRD SCHEDULE.
Whereas at (stating the session of the court before which
the person was convicted), held for the county (or united
counties) of , Oll before
A. B., late of , having been found
guilty of felony, and judgment thereon given, that (state
the substance), the court before whom he was tried reserved
a certain question of law for the consideration of the justices
of (name of court), and execution was thereupon respited in
the meantime (as the case may be): This is to certify that
the justices of (name of court) having met at
in term (or as the case may be), it was con-
sidered by the said justices there, that the judgment afore-
said should be annulled, and an entry made on the record,
that the said A. B. ought not, in the judgment of the said
justices, to have been convicted of the felony aforesaid; and
you are therefore hereby required forthwith to discharge the
said A. B. from your custody.
(Signed), E. F.
Clerk of (as the case may be).
To the sheriff of , and
the gaoler of , and
all others whom it may concern.
32-33 W., c. 29, sch. A, and c 30, sch. —C. S. U. C., c. 112,
sch. ;—C. S. L. C., c. 77, sch. A.;-R. S. N. S. (3rd S.), c.
171, sch. ;-1 R. S. N. B., Title XL, and sch., Form (U).
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2096
CHAPTER IV5.
An Act for the speedy trial, in the Provinces of Ontario, A. D. 1886.
Quebec and Manitoba, of certain indictable offences.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
* follows : —
! - This Act may be cited as “The Speedy Trials Act.” Short title.
42 W., c. 44, s. 1.
2- In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “judge' means and includes, º
5 * *
(1.) In the Province of Ontario, any judge of a county. In Ontario.
court, junior judge or deputy judge authorized to act as
chairman of the General Sessions of the Peace, and also the
judge of the provisional district of Algoma, authorized to act
as chairman of the General Sessions of the Peace ;
(2.) In the Province of Quebec, in any district wherein. In Quebec.
there is a judge of the sessions, such judge of sessions, and
in any district wherein there is no judge of sessions but
wherein there is a district magistrate, such district magis-
trate, and in any district wherein there is neither a judge
of sessions nor a district magistrate, the sheriff of such dis-
trict ;
(3.) In the Province of Manitoba, the chief justice, or a In Manitoba.
puisné judge of the Court of Queen's Bench or a judge of a
county court : -
(b.) The expression “Court of General Sessions of the gourt of
Peace ’’ means and includes, General
5 ‘‘ Sessions of
(1) In the Province of Quebec, any court for the time “the Peace.”
being discharging the functions of a Court of General Ses- In Quebec.
sions of the Peace ;
(2) In the Province of Manitoba, the Court of Queen's In Manitoba.
Bench and the county court judges' criminal courts :
(c.) The expression “county attorney” or “clerk of the Gounty at-
peace” includes, in the Province of Manitoba, any deputy . . .
clerk of the peace, Crown attorney, the prothonotary of “peace.”
the Court of Queen's Bench and any deputy prothonotary
thereof. 32-33 W., c. 35, s. 8;-37 W., c. 41;-42 W., c. 44, s. 9;
—47 W., c. 41, s 1.

2097
2
Chap. 175. Speedy Trials Act. 49 WICT.
Application
of Act.
Court to be a
Court of
record.
How styled.
Records,
where filed.
j. trial
of certain
offenders with
their own
COn Sent.
Duty of sheriff
having a pri-
SOI.161 S6)
triable.
Statement to
be made to
the prisoner
by the judge.
If the prisoner
objects—or
COnSents.
If he pleads
guilty.
3. This Act shall apply to the Provinces of Ontario, Que-
bec and Manitoba only. 32-33 W., c. 35, s. 9;-38 W., c. 54,
S. 1. w
4. The judge sitting on any trial under this Act, for all
the purposes thereof and proceedings connected there with
or relating thereto, shall be a court of record, and in the Pro-
vinces of Ontario and Manitoba such court shall be called
“The County Judge's Criminal Court” of the county or
union of counties or judicial district in which the same is
held :
2. The record in any such case shall be filed among the
records of the court of General Sessions of the Peace, as in-
dictments are filed, and as part of such records. 32-33 W.,
c. 35, s. 5;-42 W., c. 44, s. 2.
5. Every person committed to a gaol for trial on a charge
of being guilty of any offence for which he may be tried
at a court of General Sessions of the Peace, may, with his
own consent (of which consent an entry shall then be made
of record), and subject to the provisions herein, be tried out
of sessions, whether the court before which, but for such
consent, the said person would be triable for the offence
charged, or the grand jury thereof is or is not then in ses-
Sion, and if such person is convicted, he may be sentenced
by the judge. 32-33 W., c. 35, s. 1;-38 W., c. 45, s. 2.
6- Every sheriff shall within twenty-four hours after any
prisoner charged as aforesaid is committed to gaol for trial,
notify the judge in writing that such prisoner is so confined,
stating his name and the nature of the charge preferred
against him, whereupon with as little delay as possible,
such judge shall cause the prisoner to be brought before
him. 32-33 W., c. 35, s. 2.
7. The judge, upon having obtained the depositions on
which the prisoner was so committed, shall state to him,
(a.) Tha the is charged with the offence, describing it :
(b.) That he has the option to be forthwith tried before
such judge without the intervention of a jury, or to remain
untried until the next sittings of the court of the General
Sessions of the Peace or of a court of oyer and terminer, or,
in Quebec, of any court having criminal jurisdiction :
2. If the prisoner demands a trial by jury the judge shall
remand him to gaol; but if he consents to be tried by the
judge without a jury, the county attorney or clerk of the
peace shall draw up a record of the proceedings as nearly
as may be in one of the forms A or B in the schedule to this
Act ; and if, upon being arraigned upon the charge, the
prisoner pleads guilty, such plea shall be entered on the
record, and the judge shall pass the sentence of the law on
Such prisoner, which shall have the same force and effect
2098
1886. Speedy Trials Act. Chap. 175. 3
as if passed at any Court of General Sessions of the Peace.
32-33 W., c. 35, s. 3.
8.- If one of two or more prisoners charged with the same As to several
offence demands a trial by jury, and the other or others º
e * g e & charged with
consent to be tried by the judge without a jury, the judge, the same
in his discretion, may remand the said prisoners to gaol to offence.
await trial, in all respects as if this Act had not been passed.
38 W., c. 45, s. 3.
9- If under “The Summary Trials Act,” or “The Juvenile Effect of elec-
Offenders’ Act,” any person has been asked to elect whether he *i.
would be tried by the magistrate or justices of the peace, as of triaibya'
the case may be, or before a jury, and he has elected to be jury.
tried before a jury, and if such election is stated in the
warrant of committal for trial, the sheriff and judge shall
not be required to take the proceedings directed by this Act.
38 W., c. 47, s. 6, part.
10- If, on the trial under “ The Summary Trials Act,” or If the magis-
“The Juvenile Offenders’ Act,” of any person charged with any º: d
offence triable under this Act, the magistrate or justices of º
the peace decide not to try the same summarily, but com- said Acts:
mit such person for trial, such person may afterwards, with
his own consent, be tried under this Act. 32-33 W., c. 33,
s. 5, part ;-38 W., c. 47, s. 7, part.
I 1- If the prisoner upon being so arraigned and consent- If the pri-
ing as aforesaid pleads not guilty, the judge shall appoint *
an early day, or the same day, for his trial, and the county
attorney or clerk of the peace shall subpoena the witnesses
named in the depositions, or such of them and such other
witnesses as he thinks requisite to prove the charge, to
attend at the time appointed for such trial, and the prisoner Trial and
being ready, the judge shall proceed to try him, and if he . *
is found guilty, sentence shall be passed as hereinbefore 5 * *
mentioned; but if he is found not guilty the judge shall
immediately discharge him from custody, so far as respects
the charge in question. 32-33 W., c. 35, S. 4.
12. The county attorney or clerk of the peace may, with Offender may
the consent of the judge, prefer against the prisoner a 'º';
charge or charges for any offence or offences for which he offences than
may be tried at a court of General Sessions of the Peace, º ...”
other than the charge or charges for which he has been com-mitted.
mitted to gaol for trial, although such charge or charges do
not appear or are not mentioned in the depositions upon
which the prisoner was so committed. 42 W., c. 44, s. 3.
18- The judge shall, in any case tried before him, have Powers of the
the same power as to acquitting or convicting, or convict-º.”
ing of any other offence than that charged, as a jury would before him.
5.4% 2099
4 Chap. 175. Speedy Trials Act. 49 WICT.
tried without
have in case the prisoner was tried at a sitting of the court
of General Sessions of the Peace, and may render any ver-
dict which may be rendered by a jury, upon a trial at a sit-
ting of a court of General Sessions of the Peace. 42 W., c. 44,
S. 4. *
§n 14- If a prisoner elects to be tried by the judge without
jº “ the intervention of a jury, the judge may, in his discretion,
electing to be admit him to bail to appear for his trial, and extend the
bail, from time to time, in case the court is adjourned or
there is any other reason therefor; and such bail may be
entered into and perfected before the clerk of the peace in
open court. 42 W., c. 44, s. 5.
a jury.
Or if heeless 15. If a prisoner elects to be tried by a jury, the judge
º,” may, instead of remanding him to gaol, admit him to bail,
a Jury. to appear for trial at such time and place and before such
court as is determined upon, and such bail may be entered
into and perfected before the clerk of the peace in open court.
42 W., c. 44, s. 6.
Adjourning 16- The judge may adjourn any trial from time to time
trial. until finally terminated. 42 W., c. 44, s. 7.
Powers of 17. The judge shall have all powers of amendment
amendment.
which the court of General Sessions of the Peace would
have if the trial was before such court. 42 W., c. 44, S. 8.
Attendance of 18. Every witness, whether on behalf of the prisoner or
"* against him, duly summoned or subpoenaed to attend and
give evidence before such judge, sitting on any such trial,
on the day appointed for the same, shall be bound to attend,
and remain in attendance throughout the trial; and if he
fails so to attend, he shall be held guilty of contempt of
court, and may be proceeded against therefor accordingly.
32-33 W., c. 35, s. 6.
Proceedings 19. Upon proof to the satisfaction of the judge of the
#ºing service of subpoena upon any witness who fails to attend
to attend before him, as required by such subpoena, and such judge
.* being satisfied that the presence of such witness before
te him is indispensable to the ends of justice, he may, by his
warrant, cause the said witness to be apprehended and
forthwith brought before him to give evidence as required
by such subpoena, and to answer for his disregard of the
same ; and such witness may be detained on such warrant
before the said judge or in the common gaol, with a view to
Witness may secure his presence as a witness; or, in the discretion of
.* the judge, such witness may be released on recognizance with
or without sureties, conditioned for his appearance to give
evidence as therein mentioned, and to answer for his de-
fault, in not attending upon the said subpoena, as for a con-
- 2100
1886. Speedy Trials Act. Chap. 175. 5
tempt; and the judge may, in a summary manner, examine Punishment
into and disposé of the charge of contempt against the said "****
witness who, if found guilty thereof, may be fined or im-
prisoned, or both, such fine not to exceed one hundred dol-
lars, and such imprisonment to be in the common gaol, with
. without hard labor, and not to exceed the term of ninety
ays: -
2. Such warrant may be in the form C and the convic-ºwar:
tion for contempt in the form D in the schedule to this Act, ..ºn.
and the same shall be authority to the persons and officers
therein required to act, to do as therein they are respectively
directed. 32-33 W., c. 35, s. 7.
SCHEDULE.
FORM A.
Form of Record when the Prisoner pleads Not Guilty.
Prºvince of . . . ; ) Be it remembered that A.B., being
Cºunty (or district) { a prisoner in the gaol of the said
of to Wit: ) county (or district), committed for
trial on a charge of having, on day of , 18 , feloniously
stolen, &c. (one cow, the property of C.D., or as the case may
be, stating briefly the offence), and being brought before me,
- (describe the judge) on the day of , 18 , and
asked by me if he consented to be tried before me without
the intervention of a jury, consented to be so tried; and that
upon the day of , 18 , the said A.B., being again
brought before me for trial, and declaring himself ready, was
arraigned upon the said charge and pleaded not guilty; and
after hearing the evidence adduced, as well in support of
the said charge as for the prisoner's defence (or as the case
may be), I find him to be guilty of the offence with which
he is charged as aforesaid, and I accordingly sentence him
to be (here insert such sentence as the law allows and the judge
thinks right), (or I find him not guilty of the offence
with which he is charged, and discharge him accordingly).
Witness my hand at , in the county (or district)
of. , this day of , 18
O. K.,
Signature of Judge.
*- -ºº ºmºmº
FORM B.
Form of Record when the Prisoner pleads Guilty.
Province of y |
County (or district)
of . , to wit: \
Be it remembered that A.B., being
a prisoner in the gaol of the said
county (or district), on a charge of
having on the day of , 18 , feloniously stolen, &c.,
54% - 21 ()1
Chap. 175. g Speedy Trials Act. 49 WICT.
(one cow, the property of, or as the case may be, stating briefly
the offence), and being brought before me (describe the judge)
on the day of , 18 , and asked by me if he
consented to be tried before me without the intervention of
a jury, consented to be so tried; and that the said A.B., being
then arraigned upon the said charge, he pleaded guilty
thereof, whereupon I sentenced the said A.B. to be (here
insert such sentence as the law allows and the judge thinks
Tight).
Witness my hand this day of . 18 . .
O.K.,
Signature of Judge.
FORM C.
Form of Warrant to apprehend Witness.
(L.S.) Canada, To all or any of the constables
Province of , I or other peace officers in the said
County (or district, as) county (or district, or as the case
ſhe case may be) of may be) of * *
, to wit:
Whereas it having been made to appear before me, that
E. F., in the said county (or district, or as the case may be),
was likely to give material evidence on behalf of the prose-
cution or defence (as the case may be) on the trial of a certain
charge of . (as larceny, or as the case may be), against
A. B., and that the said E. F. was duly subpoenaed or bound
under recognizances to appear on the day of y
18 , at , in the said county (or district, or as the case
"may be), at o'clock (forenoon or afternoon, as the case may
be), before me, to testify what he knows concerning the said
charge against the said E. F.
And whereas proof has this day been made before me,
upon oath, of such subpoena having been duly served upon
the said E. F., or of the said E. F. having been duly bound
in recognizances to appear before me (as the case may be);
and whereas the said E. F. has neglected to appear at the
trial and place appointed, and no just excuse has been offered
for such neglect: These are therefore to command you to
take the said E. F., and to bring him and have him forthwith
before me, to testify what he knows concerning the said
charges against the said A. B., and also to answer his con-
tempt for such neglect.
Given under my hand this day of , in the
year 18 º
O. K.,
Judge.
2102
1886. Speedy Trials Act. Chap. 175.
FORM D.
Form of Conviction for Contempt.
(L.S.) Canada, Be it remembered, that on the
Province of , , , , ; ) day of , in the year 18 , in
Cºunty (or district) (the county' (or district, or as the
of , to Wit: case may be) of , E. F. is
convicted before me, for that he the said E. F. did not attend
before me to give evidence on the trial of a certain charge
against one A. B. of (larceny, or as the case may be), although
duly subpoenaed or bound by recognizance to appear and
give evidence in that behalf (as the case may be), but made
default therein, and has not shown before me any sufficient
excuse for such default, and I adjudge the said E. F., for his
said offence, to be imprisoned in the common gaol of the
county (or district) of at for the space of y
there to be kept at hard labor (and in case a fine is also in-
tended to be imposed, then proceed); and I also adjudge that
the said E. F. do forthwith pay to and for the use of Her
Majesty a fine of dollars, and in default of payment,
that the said fine, with the cost of collection, be levied by
distress and sale of the goods and chattels of the said E. F.
(or in case a fine alone is imposed, then the clause for imprison-
ment is to be omitted).
Given under my hand at in the said county (or
district) of , the day and year first above mentioned.
O. K.,
Judge.
32-33 W., c. 35, sch. A, B, C and D.
OTTAWA : Printed by BRowN CHAMRERLIN, Law Printer to the Queen's Most
- Excelle nt Majesty.
2103
An Act respecting the Summary Administration of Cri- A.D. 1886.
minal Justice. - -
|HER Majesty, by and with the advice and consent of the
g Senate and House of Commons of Canada, enacts as
follows :-
1. This Act may be cited as “The Summary Trials Act.” Short title.
2. In this Act, unless the context otherwise requires,- Interpreta-
(a.) The expression “magistrate ’’ means and includes, L ºil.
(1.) In the Provinces of Ontario, Quebec and Manitoba, “trate.”
any recorder, judge of a county court, being a justice of the In Ont., Que.
peace, commissioner of police, judge of the sessions of the * *
peace, police magistrate, district magistrate, or other func-
tionary or tribunal, invested by the proper legislative author.
ity, with power to do alone such acts as are usually required
to be done by two or more justices of the peace, and acting
within the local limits of his or of its jurisdiction ;
(2.) In the Provinces of Nova Scotia and New Brunswick, º §s and
any recorder, judge of a county court, stipendiary magis- “”
trate or police magistrate, acting within the local limits of
his jurisdiction, and any commissioner of police and any
functionary, tribunal or person invested by the proper legis-
lative authority with power to do alone such acts as are
usually required to be done by two or more justices of the
peace ; - -
(3.) In the Provinces of Prince Edward Island and British In is %. &
Columbia and in the District of Keewatin, any two justices “*” “
of the peace sitting together, and any functionary or tribunal
having the powers of two justices of the peace:
(4.) In the North-West Territories, any judge of the ºr
Supreme Court of the said Territories, any two justices of " " ' ' '
the peace sitting together, and any functionary or tribunal
having the powers of two justices of the peace:
(b.) The expression “the common gaol or other place of . Common
confinement,” in the case of any offender whose age at the **
time of his conviction does not, in the opinion of the magis- of confine-.
trate, exceed sixteen years, includes any reformatory prison "".
provided for the reception of juvenile offenders in the Pro-
vince in which the conviction referred to takes place, and
to which by the law of that Province the offender may be
sent; and—

2105
2
Chap. 176. Summary Trials Act. 49 WICT.
“Property.”
Certain offen-
oes specified.
Larceny, &c.
Attempts at
larceny.
Aggravated
assault.
Assaults on
females or
children.
(c.) The expression “property” includes everything in-
cluded under the same expression or under the expression
“valuable security,” as defined by “The Larceny Act,” and in
the case of any “valuable security,” the value thereof shall
be reckoned in the manner prescribed in the said Act.
32-33 W., c. 32, ss. 1 and 33;-37 W., c. 39, s. 3;-37 W., c. 40,
s. 1:—39 W., c. 21, sch., part;—40 W., c. 4, sch, part —47 W.,
c. 42, s. 1, part ;-49 W., c. 25, s. 30.
3- Whenever any person is charged before a magis-
trate, L -
(a.) With having committed simple larceny, larceny from
the person, embezzlement or obtaining money or property
by false pretences, or feloniously receiving stolen property,
and the value of the property alleged to have been stolen,
embezzled, obtained or received, does not, in the judgment
of the magistrate, exceed ten dollars,
(b.) With having attempted to commit larceny from the
person, or simple larceny,
(c.) With having committed an aggravated assault by un-
lawfully and maliciously inflicting upon any other person,
either with or without a weapon or instrument, any grievous
bodily harm, or by unlawfully and maliciously wounding
any other person, - -
(d.) With having committed an assault upon any female
whatsoever, or upon any male child whose age does not, in
the opinion of the magistrate, exceed fourteen years, such
assault being of a nature which cannot, in the opinion of
the magistrate, be sufficiently punished by a summary con-
Assaults on
Imagistrates
or officers.
Disorderly
houses. .
Using pre-
mises for bet-
ting or pool-
gelling.
viction before him under any other Act, and such assault,
if upon a female, not amounting, in his opinion, to an assault
with intent to commit a rape, -
(e.) With having assaulted, obstructed, molested or hin-
dered any magistrate, bailiff or constable, or officer of customs
or excise or other officer, in the lawful performance of his
duty, or with intent to prevent the performance thereof—
(f) With keeping or being an inmate, or habitual fre-
quenter of any disorderly house, house of ill-fame or bawdy
house, or—
(g.) With using or knowingly allowing any part of any
premises under his control to be used for the purpose of
recording or registering any bet or wager, or selling any
pool, or— - - -
Keeping, exhibiting, or employing, or knowingly allow-
ing to be kept, exhibited or employed, in any part of any pre-
mises under his control, any device or apparatus for the
purpose of recording or registering any bet or wager, or
selling any pool, or— -
Becoming the custodian or depositary of any money, pro-
perty, or valuable thing staked, wagered or pledged, or—
2106
1886. Summary Trials Act. Chap. 176. 3.
Recording or registering any bet or wager, or selling any
ool,- .*
p Upon the result of any political or municipal election, or
of any race, or of any contest or trial of skill or endurance
of man or beast,-
The magistrate may, subject to the provisions hereinafter Summary
made, hear and determine the charge in a summary way."
32-33 W., c. 32, s. 2;-40 W., c. 31, s. 3. &
4- The jurisdiction of such magistrate shall be absolute Jurisdiction
in the case of any person charged, within the police limits jº"
of any city in Canada, with therein keeping or being an certain cases.
inmate or habitual frequenter of any disorderly house, house
of ill-fame or bawdy house, and shall not depend on the
consent of the person charged to be tried by such magis-
trate, nor shall such person be asked whether he consents
to be so tried ; nor shall this Act affect the absolute sum-
mary jurisdiction given to any justice or justices of the
peace in any case by any other Act. 32-33 W., c. 32, s. 15.
5. The jurisdiction of the magistrate shall be absolute And as to cer–
in the case of any person who, being a seafaring person “”
and only transiently in Canada, and having no permanent
domicile therein, is charged, either within the city of Quebec,
as limited for the purpose of the police ordinance, or within
the city of Montreal, as so limited, or in any other seaport
city or town in Canada, where there is such magistrate, with
the commission therein of any of the offences hereinbefore
mentioned, and also in the case of any other person charged
with any such offence on the complaint of any such seafar-
ing person whose testimony is essential to the proof of the
offence ; and such jurisdiction shall not depend on the con-
sent of any such person to be tried by the magistrate, nor
shall such person be asked whether he consents to be so
tried. 32-33 W., c. 32, s. 16.
6- The jurisdiction of the magistrate under this Act shall, A.ii.º.
in the Provinces of Prince Edward Island and British Col- iºr
umbia, and in the District of Keewatin, be absolute without Canada.
the consent of the person charged. 39 W., c. 21, sch., part;
—40 W., c. 4, sch., part;-47 W., c. 42, s. 1, part.
7- If any person is charged, in the Province of Ontario, ...'..."
before a police magistrate or before a stipendiary magistrate magistrate in
in any county, district or provisional county in such Pro- 9 º'.
g * & tº e Stead of Cour:
vince, with having committed any offence for which he may ºf Č.'s.
be tried at a court of General Sessions of the Peace, or if any
person is committed to a gaol in the county, district or pro-
visional county, under the warrant of any justice of the
peace, for trial on a charge of being guilty of any such
offence, such person may, with his own consent, be tried
before such magistrate, and may, if found guilty, be sen-
2107
Chap 176. Summary Trials Act. 49 WICT.
Accused to be
asked if he
consents to be
tried sum-
marily.
If he con-
sents, or the
jurisdiction is
absolute.
lf he admits
the charge.
If not.
And if he has
a defence.
Sentence in
Case of con-
viction of
iarceny, &c.
Sentence on
persons con-
victed of cer-
tain offences.
tenced, by the magistrate, to the same punishment as he
would have been liable to if he had been tried before the
court of General Sessions of the Peace. 38 W., c. 47, SS. 1 and 2.
8. Whenever the magistrate, before whom any person is
charged as aforesaid, proposes to dispose of the case summa-
rily under the provisions of this Act, such magistrate, after
ascertaining the nature and extent of the charge, but before
the formal examination of the witnesses for the prosecution,
and before calling on the person charged for any statement
which he wishes to make, shall state to such person the
substance of the charge against him, and (if the charge is
not one that can be tried summarily without the consent of
the accused) shall then say to him these words, or words to
the like effect: “Do you consent that the charge against
you shall be tried by me, or do you desire that it shall be
sent for trial by a jury at the (naming the court at which it
could soonest be tried); ” and if the person charged consents
to the charge being summarily tried and determined as
aforesaid, or if the power of the magistrate to try it does
not depend on the consent of the accused, the magistrate
shall, reduce the charge to writing, and read the same to
such person, and shall then ask him whether he is guilty
or not of such charge. 32-33 W., c. 32, s. 3. * -
9- If the person charged confesses the charge, the magis-
trate shall then proceed to pass such sentence upon him as
by law may be passed in respect to such offence, subject to
the provisions of this Act; but if the person charged says
that he is not guilty, the magistrate shall then examine the .
witnesses for the prosecution, and when the examination
has been completed, the magistrate shall inquire of the per-
son charged whether he has any defence to make to such
charge, and if he states that he has a defence, the magistrate
shall hear such defence, and shall then proceed to dispose
of the case summarily. 32-33 W., c. 32, s. 4.
10- In the case of larceny, feloniously receiving stolen
property, or attempt to commit larceny from the person, or
simple larceny, charged under paragraphs (a) or (b) of the
third section of this Act, the magistrate, after hearing the
whole case for the prosecution and for the defence, shall, if
he finds the charge proved, convict the person charged and
commit him to the common gaol or other place of confine-
ment, there to be imprisoned, with or without hard labor,
for any term not exceeding six months. 32-33 W., c. 32, s. 5.
11. In any case summarily tried under paragraphs (c), (d),
(e), (f) or (g), of the third section of this Act, if the magistrate
finds the charge proved, he may convict the person charged
and commit him to the common gaol or other place of confine-
ment, there to be imprisoned, with or without hard labor,
2108
1886. Summary Trials Act. Chap. 176. 5.
for any term not exceeding six months, or may condemn
him to pay a fine not exceeding, with the costs in the case,
one hundred dollars, or to both fine and imprisonment not
exceeding the said sum and term ; and such fine may be Levying fine
levied by warrant of distress under the hand and seal of *P*.
the magistrate, or the person convicted may be condemned, -
in addition to any other imprisonment on the same convic-
tion, to be committed to the common gaol or other place of
confinement for a further term not exceeding six months,
unless such fine is sooner paid. 32-33 W., c. 32, s. 17.
12. When any person is charged before a magistrate with If the value of
simple larceny, or with having obtained property by false ...;
pretences, or with having embezzled, or having feloniously and the ' "
received stolen property, or with committing larceny from *
the person, or with larceny as a clerk or servant, and the case one to
value of the property stolen, obtained, embezzled or received ºu"
exceeds ten dollars, and the evidence in support of the pro- " " '
secution is, in the opinion of the magistrate, sufficient to put
the person on his trial for the offence charged, such magis-
trate, if the case appears to him to be one which may pro-
perly be disposed of in a summary way, and may be ade-
* punished by virtue of the powers conferred by this
ct, shall reduce the charge to writing, and shall read it
to the said person, and, unless such person is one who can be
tried summarily without his consent, shall then put to him
the question mentioned in the eighth section, and shall ex-.
plain to him that he is not obliged to plead or answer before
such magistrate, and that if he does not plead or answer
before him, he will be committed for trial in the usual course.
32-33 W., c. 32, s. 10. -
18- If the person so charged consents to be tried by the If the offender
magistrate, the magistrate shall then ask him whether he ...
is guilty or not of the charge, and if such person says that
he is guilty, the magistrate shall thereupon cause a plea of
guilty to be entered upon the proceedings, and shall convict
him of the offence, and commit him to the common gaol or
other place of confinement, there to be imprisoned, with
or without hard labor, for any term not exceeding twelve
months. , 32-33 W., c. 32, s. 11, part. .
14. If, when his consent is necessary, the person charged . the accused
* wº - tº Oes not Con-
does not consent to have the case heard and determined by jºin.
the magistrate, or whenever it appears to the magistrate *
that the offence is one which, owing to a previous convic- ...r.
tion of the person charged, or from any other circumstance, to be º-
ought to be made the subject of prosecution by indictment " ".
rather than to be disposed of summarily, such magistrate
may, before such person has made his defence, decide not
to adjudicate summarily upon the case, and shall deal there-
with in all respects as if this Act had not been passed;
2109
Chap. 176. Summary Trials Act. 49 WICT.
Fact of elec-
tion to be
mentioned in
the warrant.
Full defence
allowed.
Magistrate's
cóurt to be
open.
Power to Sum-
mon and com-
pel attend-
ance of
witnesses.
Mode of sum-
moning under
this Act.
Offence not
proved. .
Discharge in
Certain C&SeS.
but a previous conviction shall not prevent the magistrate
from trying the offender summarily, if he thinks fit so to do.
32-33 W., c. 32, s. 8;-38 W., c. 47, s. 7, part.
15- If, when his consent is necessary, the person charged
does not so consent, but elects to be tried before a jury, the
magistrate shall state in the warrant of committal the fact
of such election having been made, 38W., c. 47, s. 6, part.
16- In every case of summary proceedings under this
Act, the person accused shall be allowed to make his full
answer and defence, and to have all witnesses examined and
cross-examined by counsel or attorney, 32-33 W., c. 32, s. 12.
17- Every court, held by a magistrate for the purposes of
this Act, shall be an open public court, and a written or
printed notice of the day and hour for holding such court
shall be posted up or affixed, by the clerk of the court, upon
the outside of some conspicuous part of the building or place
where the same is held. 32-33 W., c. 32, s. 26.
18- The magistrate before whom any person is charged
under this Act may, by summons, require the attendance
of any person as a witness upon the hearing of the case, at
a time and place to be named in such summons, and such
magistrate may bind, by recognizance, all persons whom he
considers necessary to be examined, touching the matter of
such charge, to attend at the time and place appointed by
him and then and there to give evidence upon the hearing
of such charge ; and if any person so summoned, or required
or bound as aforesaid, neglects or refuses to attend in pur-
suance of such summons or recognizance, and if proof is
made of such person having been duly summoned as here-
inafter mentioned, or bound by recognizance as aforesaid, the
magistrate before whom such person should have attended
may issue a warrant to compel his appearance as a witness.
32-33 W., c. 32, s. 13.
19. Every summons issued under this Act may be served
by delivering a copy of the summons to the person sum-
moned, or by delivering a copy of the summons to some
inmate of such person's usual place of abode ; and every
person so required by any writing under the hand of any
magistrate to attend and give evidence as aforesaid, shall be
deemed to have been duly summoned. 32-33 W., c. 32, s. 14.
20. Whenever the magistrate finds the offence not proved,
he shall dismiss the charge, and make out and deliver to
the person charged a certificate under his hand stating the
fact of such dismissal. 32-33 W., c. 32, s. 6.
21. If, upon the hearing of the charge, the magistrate is
of opinion that there are circumstances in the case which
2 [10
1886. Summary Triats Act. Chap. 176. 7
render it inexpedient to inflict any punishment, he may
dismiss the person charged, without proceeding to a con-
viction. 32-33 W., c. 32, s. 9. , -
22- Every conviction under this Act shall have the same Effect of con-
effect as a conviction upon indictment for the same offence viction.
would have had, except that no conviction under this Act
shall be attended with forfeiture beyond the penalty, if any,
imposed in the case. 32-33 W., c. 32, s. 28;-38 W., c. 47, s. 3.
23- Every person who obtains a certificate of dismissal or And of dis-
is convicted under this Act, shall be released from all further ".
or other criminal proceedings for the same cause. 32-33 W.,
c. 32, s. 29;-38 W., c. 47, s. 4.
24- No conviction, sentence or proceeding under this No conviction
Act, shall be quashed for want of form; and no warrant of ...”.”
commitment upon a conviction shall be held void by reason form.
of any defect therein, if it is therein alleged that the offender
has been convicted, and there is a good and valid conviction
to sustain the same. 32-33 W., c. 32, s. 30;-38 W., c. 47, s. 5.
25. The magistrate adjudicating under this Act shall conviction to
transmit the conviction, or a duplicate of a certificate of *.
dismissal, with the written charge, the depositions of wit- of sessions of
nesses for the prosecution and for the defence, and the state- the Pºº.
ment of the accused, to the next court of General or Quarter
Sessions of the Peace or to the court discharging the func-
tions of a court of General or Quarter Sessions of the Peace,
for the district, county or place, there to be kept by the
proper officer among the records of the court. 32-33 W.,
c. 32, s. 23.
26- A copy of such conviction, or of such certificate of Proof of con-
dismissal, certified by the proper officer of the court, or jº
e -> j dismissal.
proved to be a true copy, shall be sufficient evidence to
prove a conviction or dismissal for the offence mentioned
therein, in any legal proceedings whatsoever. 32-33 W.,
c. 32, s. 24.
27. The magistrate by whom any person has been con- Restitution of
victed under this Act, may order restitution of the property P*.
stolen, or taken or obtained by false pretences, in any case
which the court before whom the person convicted would
have been tried but for this Act, might by law order restitu
tion. 32-33 W., c. 32, s. 25. -
28. Whenever any person is charged before any justice or Persons
wº e -> g tº is brought be-
justices of the peace, with any offence mentioned in this ;
Act, and in the opinion of such justice or justices the case may be re-
is proper to be disposed of by a magistrate, as herein pro-...".
vided, the justice or justices before whom such person is so this Act.
2111
8 Chap. 176. . Summary Trials Act 49 WICT, .
charged may, if he or they see fit, remand such person for
further examination before the nearest magistrate, in like
manner in all respects as a justice or justices are authorized
to remand a person accused for trial at any court, under
“The Criminal Procedure Act.” 32-33 W., c. 32, s. 19. -
ºnto 29. No justice or justices of the peace, in any Province,
#. shall so remand any person for further examination or trial
before any such magistrate in any other Province. 32-33 W.,
c. 32, s. 20. -
; ºn , 30. Any person so remanded for further examination be:
fore a magistrate in any city, may be examined and dealt
with by any other magistrate in the same city. 32-33 W.,
c. 32, s. 21. - -
Person not 31- If any person suffered to go at large, upon entering
*::::.."; into such recognizance as the justice or justices are author:
recognizance. ized, under the last mentioned Act, to take on the remand
of a person accused, conditioned for his appearance before
a magistrate, does not afterwards appear, pursuant to such
recognizance, the magistrate before whom he should have
appeared shall certify, under his hand, on the back of the
recognizance, to the clerk of the peace of the district, county
or place, or other proper officer, as the case may be, the fact
of such non-appearance, and such recognizance shall be pro-
ceeded upon in like manner as other recognizances; and
such certificate shall be primá facie evidence of such non-
appearance. 32-33 W., c. 32, s. 22.
Application 32. Every fine and penalty imposed under the authority
*P* of this Act shall be paid and applied as follows, that is to
say:—
In Ontario. (a.) In the Province of Ontario, to the magistrate who im-
posed the same, or to the clerk of the court or clerk of the
peace, as the case may be, to be paid over by him to the
county treasurer for county purposes;
In Quebec. (b.) In any new district in the Province of Quebec, to the
sheriff of such district, as treasurer of the building and jury
fund for such district, to form part of such fund,-and if in
any other district in the said Province, to the prothonotary
of such district, to be applied by him, under the direction
of the Lieutenant Governor in Council, towards the keep-
ing in repair of the court house in such district, or to be
added by him to the moneys and fees collected by him for
the erection of a court house and gaol in such district, so
long as such fees are collected to defray the cost of such
erection ;
§ ps. and (c.) In the Provinces of Nova Scotia and New Brunswick,
JN . If , to the county treasurer for county purposes; and— -
} n P.E.I., (d.) In the Provinces of Prince Edward Island, Manitoba
*** and British Columbia, to the treasurer of the Province.
32-33 W., c. 32, s. 32 ;-40 W., c. 4, s. 8, part.
2112 • *
1886. Summary Trials Act. Chap. 176. 9.
*
33. Every conviction or certificate may be in the form in .
the schedule hereto applicable to the case, or to the like effect, * may
and whenever the nature of the case requires it, such forms
may be altered by omitting the words stating the consent of
the person to be tried before the magistrate, and by adding
the requisite words, stating the fine imposed, if any, and the
imprisonment, if any, to which the person convicted is to
be subjected if the fine is not sooner paid. 32-33 W., c. 32,
s. 7, s. 11, part, and s. 18.
$4. The provisions of “The Criminal Procedure Act,” ex-Certain prº
e º - e { { Visions not to
cept as mentioned in the twenty-eighth section, and of “The jºio.s.
Summary Convictions Act,” shall not apply to any proceed- * this
ings under this Act. 32-33 W., c. 32, s. 27.
35. Nothing in this Act shall affect the provisions of ...º.º.
“The Juvenile Offenders' Act,” and this Act shall not extend triai of juven.
to persons punishable under that Act, so far as regards "***nders.
offences for which such persons may be punished there-
under. 32-33 W., c. 32, s. 31.
SCHEDULE.
|FORM A.
- - CONWICTION.
Province of , city (or as the
case may be) of to Wit :
Be it remembered that on the day of s
in the year , at , A.B., being
charged before me, the undersigned, , of the said
(city) (and consenting to my trying the charge summarily),
is convicted before me, for that he, the said A.B., &c. (stating
the offence, and the time and place when and where committed),
and I adjudge the said A.B., for his said offence, to be im-
prisoned in the (and there kept to hard labor)
for the term of º
Given under my hand and seal, the day and year first
above mentioned, at aforesaid.
J. S. [L.S.]
FORM B.
CON VICTION UPON A PLEA OF GUILTY.
Province of , city (or as the '
case may be) of to wit :
Be it remembered that on the day of 2
in the year , at A.B., being
charged before me, the undersigned, , of the said
2113
10
Chap. 176. Summary Trials Act. 49 WICT.
(city) (and consenting to my trying the charge summarily),
for that he, the said A.B.,’ &c. (stating the offence, and the time
and place when and where committed), and pleading guilty to
such charge, he is thereupon convicted before me of the said
offence; and I adjudge him, the said A.B., for his said offence,
to be imprisoned in the (and there kept to hard
labor) for the term of º
Given under my hand and seal, the day and year first
above mentioned, at aforesaid. -
J. S. [L.S.]
FORM C.
CERTIFICATE OF DISMISSAL.
Province of , city (or as the
case may be) of to wit:
I, the undersigned, , of the city (or as
the case may be) of , certify that on the
day of , in the year , at
aforesaid, A.B., being charged before me (and
consenting to my trying the charge summarily), for that he,
the said A.B., &c. (stating the offence charged, and the time and
place when and where alleged to have been committed), I did,
after having summarily tried the said charge, dismiss the
S{l,IIl€. º
Given under my hand and seal, this day of
, at aforesaid. -
J. S. [L.s]
32-33 W., c. 32, sch.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen’s Most
Excellent Majesty.
2114
º * fº * : *
sº & § ãº
sº 5 * * §: -
CHAPTER 177,
An Act respecting Juvenile Offenders. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:–
1- This Act may be cited as “The Juvenile Offenders’ Act.” Short title.
2. In this Act, unless the context otherwise requires,- Hºprºtº-
(a.) The expression “two or more justices,” or “the jus- ºo or
tices” includes,< “more justi-
(1.) In the Provinces of Ontario and Manitoba any judge º
of the county court being a justice of the peace, police magis- In Ontario
trate or stipendiary magistrate, or any two justices of the and Mani-
peace, acting within their respective jurisdictions; toba.
(2.) In the Province of Quebec any two or more justices In Quebec.
of the peace, the sheriff of any district, except Montreal and
Quebec, the deputy sheriff of Gaspé, and any recorder, judge
of the Sessions of the Peace, police magistrate, district magis-
trate or stipendiary magistrate acting within the limits of
their respective jurisdictions;
(3.) In the Provinces of Nova Scotia, New Brunswick, In N
Prince Edward Island, and British Columbia, and in the Nº
District of Keewatin, any functionary or tribunal invested
by the proper legislative authority with power to do acts
usually required to be done by two or more justices of the
peace ;
(4.) In the North-West Territories, any judge of the In the ,
Supreme Court of the said Territories, any two justices of ***
the peace sitting together, and any functionary or tribunal
having the powers of two justices of the peace:
(b.) The expression “the common gaol or other place of . Common
confinement” includes any reformatory prison provided for hºuse
the reception of juvenile offenders in the Province in which of confine-
the conviction referred to takes place, and to which, by the "*
law of that Province, the offender may be sent. 32-33 W.,
c. 33, s. 1 :-37 W., c. 39, s. 3, part;-39 W., c. 21, sch., part ; –
40 W., c. 4, sch., part —47 W., c. 42, s. 2, part ;---49 W., c. 25,
S. 30.
*
3. Every person charged with having committed, or Summary
having attempted to commit, or with having been an aider, i. # fºre
abettor, counsellor or procurer in the commission of any than sixteen






55% 2115
2
Chap. 177. Juvenile Offenders' Act. 49 WICT.
years of age
charged with
certain offen-
C&S.
offence which is simple larceny, or punishable as simple
larceny, and whose age, at the period of the commission or
attempted commission of such offence, does not, in the opin-.
ion of the justice before whom he is brought or appears, ex-
ceed the age of sixteen years, shall, upon conviction thereof,
in open court, upon his own confession or upon proof, before
any two or more justices, be committed to the common gaol
or other place of confinement within the jurisdiction of such
justices, there to be imprisoned, with or without hard labor,
Compelling
person
accused to
attend.
Power to
remand or
take bail.
Condition of
recognizance.
Enlarging or
discharging
recognizance.
Defendant to
be asked if he
Consents to be
tried sum-
marily.
for any term not exceeding three months, or, in the discre-
tion of such justices, shall forfeit and pay such sum, not ex-
ceeding twenty dollars, as such justices adjudge. 32-33 W.,
c. 33, s. 2.
4- Whenever any person, whose age is alleged not to ex-
ceed sixteen years, is charged with any offence mentioned in
the next preceding section, on the oath of a credible witness,
before any justice of the peace, such justice may issue his
summons or warrant, to summon or to apprehend the person
so charged, to appear before any two justices of the peace,
at a time and place to be named in such summons or war-
rant. 32-33 W., c. 33, s. 7.
5. Any justice of the peace, if he thinks fit, may remand.
for further examination or for trial, or suffer to go at large,
upon his finding sufficient sureties, any such person charged
before him with any such offence as aforesaid. 32-33 W.,
c. 33, s. 8.
6- Every such surety shall; be bound by recognizance to
be conditioned for the appearance of such person before the
same or some other justice or justices of the peace for further
examination, or for trial before two or more justices of the
peace as aforesaid, or for trial by indictment at the proper
court of criminal jurisdiction, as the case may be, 32-33 W.,
c. 33, s. 9.
7. Every such recognizance may be enlarged, from time
to time, by any such justice or justices to such further time
as he or they appoint; and every such recognizance not so
enlarged shall be discharged without fee or reward, when
the person has appeared according to the condition thereof.
32-33 W., c. 33, s. 10. -
S. The justices before whom any person is charged and
proceeded against under this Act, before such person is asked
‘ whether he has any cause to show why he should not be
convicted, shall say to the person so charged, these words,
or words to the like effect:
“We shall have to hear what you wish to say in answer
“to the charge against you ; but if you wish to be tried by
“a jury, you must object now to our deciding upon it at
“once.”
2116
1886. Juvenile Offenders' Act. Chap. 177. 3
And if such person, or a parent or guardian of such per- the dºes not
tº j s º . c. * * . Consent.
son, then objects, such person shall be dealt with as if this
Act had not been passed ; but nothing in this Act shall
prevent the summary conviction of any such person before
one or more justices of the peace, for any offence for which
he is liable to be so convicted under any other Act. 32-33 W.,
c. 33, s. 3.
9- If the justices are of opinion, before the person charged Justices may
has made his defence, that the charge is, from any circum- i. º,
stance, a fit subject for prosecution by indictment, or if the a jury.
person charged, upon being called upon to answer the charge,
objects to the case being summarily disposed of under the
provisions of this Act, such justices shall, instead of sum-
marily adjudicating thereupon, deal with the case in all
respects as if this Act had not been passed; and, in the
latter case, shall state in the warrant of commitment the fact
of such election having been made. 32-33 W., c. 33, s. 5,
part ;-38 W., c. 47, s. 6, part.
10. Any justice of the peace may, by summons, require Summoning
the attendance of any person as a witness upon the hearing "***
of any case before two justices, under the authority of this
Act, at a time and place to be named in such summons.
32-33 W., c. 33, s. 11.
11. Any such justice may require and bind by recogni-Binding wit-
zance every person whom he considers necesssary to be ex- ...”
amined, touching the matter of such charge, to attend at the
time and place appointed by him and then and there to give
evidence upon the hearing of such charge. 32-33 W., c. 33,
s. 12.
12. If any person so summoned or required or bound, as Compelling,
aforesaid, neglects or refuses to attend in pursuance of such ... "
summons or recognizance, and if proof is given of such fusal or
person having been duly summoned, as hereinafter men- "*
tioned, or bound by recognizance, as aforesaid, either of the
justices before whom any such person should have attended,
may issue a warrant to compel his appearance as a witness.
32-33 W., c. 33, s. 13. - -
£8. Every summons issued under the authority of this ºf
Act may be served by delivering a copy thereof to the per-" S.
son, or to some inmate at such person's usual place of abode,
and every person so required by any writing under the
hand or hands of any justice or justices to attend and give
evidence as aforesaid, shall be deemed to have been duly
summoned. 32-33 W., c. 33, s. 14.
14- If the justices, upon the hearing of any such case, º º
deem the offence not proved, or that it is not expedient to “"“”
553% 2117
Chap 177. Juvenile Offenders' Act.
49 WICT.
Certificate of
discharge.
|Effect of such
certificate or
of conviction.
Form of con-
Viction.
Conviction
not void for
want of form,
&c.
Conviction to
be sent to
clerk of the
peace, &c.
Returns to
Minister of
Agriculture.
No forfeiture;
but restitu-
tion may be
ordered.
Or the pay-
ment of the
Value in
money.
inflict any punishment, they shall dismiss the person charged,
—in the latter case on his finding sureties for his future
good behavior, and in the former case without Sureties, and
then make out and deliver to the person charged a certifi-
cate in the form A in the schedule to this Act, or to the like
effect, under the hands of such justices, stating the fact of
such dismissal. 32-33 W., c. 33, S. 4, part.
15. Every person who obtains such certificate of dismis-
sal, or is so convicted, shall be released from all further or
other criminal proceedings for the same cause. 32-33 W.,
c. 33, s. 6.
16- The justices before whom any person is summarily
convicted of any offence hereinbefore mentioned, may cause
the conviction to be drawn up in the form B in the schedule
hereto, or in any other form to the same effect, and the
conviction shall be good and effectual to all intents and pur-
poses. 32-33 W., c. 33, s. 15, part.
17. No such conviction shall be quashed for want of form,
or be removed by certiorari or otherwise into any court of
record; and no warrant of commitment shall be held void
by reason of any defect therein, if it is therein alleged that
the person has been convicted, and there is a good and valid
conviction to sustain the same. 32-33 W., c. 33, s. 16. -
1S. The justices before whom any person is convicted
under the provisions of this Act, shall forthwith transmit
the conviction and recognizances to the clerk of the peace
or other proper officer, for the district, city, county or union
of counties wherein the offence was committed, there to be
kept by the proper officer among the records of the court of
General or Quarter Sessions of the Peace, or of any other
court discharging the functions of a court of General or
Quarter Sessions of the Peace. 32-33 W., c. 33, s. 17.
19. Every clerk of the peace, or other proper officer, shall
transmit to the Minister of Agriculture a quarterly return
of the names, offences and punishments mentioned in the
Convictions, with such other particulars as are, from time
to time, required. 32-33 W., c. 33, s. 18.
20. No conviction under the authority of this Act shall
be attended with any forfeiture, except such penalty as is
imposed by the sentence; but whenever any person is ad-
judged guilty under the provisions of this Act, the presid-
ing justice may order restitution of the property in respect
of which the offence was committed, to the owner thereof
or his representatives. 32-33 W., c. 33, s. 19. *,
2H. If such property is not then forthcoming, the justices,
whether they award punishment or not, may inquire into
and ascertain the value thereof in money; and, if they
2118
1886. Juvenile Offenders’ Act. Chap. 177. 5
think proper, order payment of such sum of money to the
true owner, by the person convicted, either at one time or
by instalments, at such periods as the justices deem reason-
able. 32-33 W., c. 33, s. 20.
22. The person ordered to pay such sum may be sucd for Recovery of
the same as a debt in any court in which debts of the like * *
amount are, by law, recoverable, with costs of suit, accord-
ing to the practice of such court. 32-33 W., c. 33, s. 21.
23. Whenever the justices adjudge any offender to forfeit Enforcing,
and pay a pecuniary penalty under the authority of this º
Act, and such penalty is not forthwith paid, they may, if
they deem it expedient, appoint some future day for the
payment thereof, and order the offender to be detained in
safe custody until the day so appointed, unless such offender
gives security, to the satisfaction of the justices, for his
appearance on such day ; and the justices may take such
security by way of recognizance or otherwise in their dis-
cretion. 32-33 W., c. 33, s. 22. . -
24. If at any time so appointed such penalty has not been Committal for
paid, the same or any other justices of the peace may, by "****
warrant under their hands and seals, commit the Offender
to the common gaol or other place of confinement within
their jurisdiction, there to remain for any time not exceed-
ing three months, reckoned from the day of such adjudica-
tion. 32-33 W., c. 33, s. 23.
25. The justices before whom any person is prosecuted ºf prº-
te ---.' ..ſºſ.” e & ; , , secution may
or tried for any offence cognizable under this Act, may, in j
their discretion, at the request of the prosecutor or of any -
other person who appears on recognizance or Summons to
prosecute or give evidence against such person, Order pay-
ment to the prosecutor and witnesses for the prosecution,
of such sums as to them seem reasonable and sufficient, to
reimburse such prosecutor and witnesses for the expenses
they have severally incurred in attending before them, and
in otherwise carrying on such prosecution, and also to com-
pensate them for their trouble and loss of time therein,--and
may order payment to the constables and other peace officers
for the apprehension and detention of any person so charged.
32-33 W., c. 33, s. 24. sº
26. The justices may, although no conviction takes place, Even without
order all or any of the payments aforesaid to be made, when “”
they are of opinion that the persons, or any of them, have
acted in good faith. 32-33 W., c. 33, s. 25.
2”. Every fine imposed under the authority of this Act .#.
shall be paid and applied as follows, that is to say: of penalties.
2119
(3
Chap. 177. Juvenile Offenders' Act. 49 WICT.
: In Ontario.
In Quebec.
In N.S. and
N.B.
In P.E.I.,
Man., and
Certificate of
expenses.
By whom such
expenses shall
be paid.
As to certain
offences in
P.E.I., B.C.,
(a.) In the Province of Ontario, to the justices who impose
the same, or the clerk of the county court, or the clerk of the
peace, or other proper officer, as the case may be, to be by
him or them paid over to the county treasurer for county
purposes; g
(b) In any new district in the Province of Quebec, to the
sheriff of such district as treasurer of the building and jury
fund for such district, to form part of such fund, and in any
other district in the Province of Quebec, to the prothonotary
of such district, to be applied by him, under the direction
of the Lieutenant Governor in Council, towards the keep-
ing in repair of the court house in such district, or to be
added by him to the moneys or fees collected by him for the
erection of a court house or gaol in such district, so long as
such fees are collected to defray the cost of such erection ;
(c.) In the Provinces of Nova Scotia and New Brunswick,
to the county treasurer, for county purposes; and—
(d.) In the Provinces of Prince Edward Island, Manitoba
and British Columbia, to the treasurer of the Province.
32-33 W., c. 33, s. 26;-40 W., c. 4, s. 8, part.
28. The amount of expenses of attending before the jus-
tices and the compensation for trouble and loss of time there-
in, and the allowances to the constables and other peace offi-
cers for the apprehension and detention of the offender, and
the allowances to be paid to the prosecutor, witnesses and
constables for attending at the trial or examination of the
offender, shall be ascertained by and certified under the
hands of such justices; but the amount of the costs, charges
and expenses attending any such prosecution, to be allowed
and paid as aforesaid, shall not in any one case exceed the
sum of eight dollars. 32-33 W., c. 33, s. 27.
29. Every such order of payment to any prosecutor or
other person, after the amount thereof has been certified by
the proper justices of the peace as aforesaid, shall be forth-
with made out and delivered by the said justices or one of
them, or by the clerk of the peace or other proper officer,
as the case may be, to such prosecutor or other person, upon
such clerk or officer being paid his lawful fee for the same,
and shall be made upon the officer to whom fines imposed
under the authority of this Act are required to be paid
over in the district, city, county or union of counties in
which the offence was committed, or was supposed to have
been committed, who, upon sight of every such order, shall
forthwith pay to the person named therein, or to any other
person duly authorized to receive the same on his behalf,
out of any moneys received by him under this Act, the
money in such order mentioned, and shall be allowed the
same in his accounts of such moneys. 32-33 W., c. 33, s. 28
80. This Act shall not apply to any offence committed
in the Provinces of Prince Edward Island or British Colum-
2120
1886. Juvenile Offenders' Act. Chap. 177. 7
bia, or the District of Keewatin, punishable by imprison- and Kee-
ment for two years and upwards; and in such Provinces ".
and District it shall not be necessary to transmit any recog-
nizance to the clerk of the peace or other proper officer.
39 W., c. 21, sch., part; —40 W., c. 4, sch., part;-–47 W., c. 42,
S. 2, part. - - . . "
$4. This Act shall not authorize two or more justices of *::::::::.
the peace to sentence offenders to imprisonment in a reform-iory in
atory in the Province of Ontario. 43 W., c. 39, s. 15, part, Ontario.
SCHEDULE.
FORM A.
... , ! , justices of the peace for
To wit: ) the of , (or if a recorder,
&c., I, a - , of the
of , as the case may be), do hereby certify, that
on the day of , in the year 2
at , in the said of , (M. N.)
was brought before us, the said justices (or me, the said
), charged with the following offence, that is
to say (here state briefly the particulars of the charge), and that
we, the said justices, (or I, the said ) thereupon
dismissed the said charge. * *
Given under our hands (or my hand) this day of
* J. P. [L. S.]
J. R. [L. S.]
or S. J. [L. S.]
FORM B.
} Be it remembered, that on the day of
To wit : , in the year
, at , in the district of
(county or united counties, &c., or as the case
may be), A. O. is convicted before us, J. P. and J. R., justices
of the peace for the said district (or city, &c., or me, S.J.,
recorder, &c., , of the , of ; Or
as the case may be) for that, he, the said A. O. did (specify the
Offence and the time and place when and where the same was
committed, as the case may be, but without setting forth the evi-
dence), and we, the said J. P. and J. R. (or I, the said S. J.),
adjudge the said A. O., for his said offence, to be imprisoned
in the (or to be imprisoned in the 2
and there kept at hard labor), for the space of 5
(or we) (or I) adjudge the said A. O., for his said offence, to
2121 -
Chap. 177. Juvenile Offenders’ Act. 49 WICT.
forfeit and pay (here state the penalty
actually imposed), and in default of immediate payment of
the said sum, to be imprisoned in the (or to
be imprisoned in the and kept at hard
labor) for the term of , unless the said sum
is sooner paid. -
Given under our hand and seals (or my hand and seal),
the day and year first above mentioned. .
J. P. [L. s.]
J. R. [L. S.]
O'ſ S. J. |[L. S.]
32-33 W., c. 33, s. 4, part, and s. 15, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2122
º º - * * * * -
§. º. §§ lºs
º, & Z/6/2:A; §
$º§ º
*Sºś
Erºsiº
-'º' ſº jºº " E. Sº
- was “...a º a
Wºº & Y. &
CHAPTER 178.
An Act respecting Summary Proceedings before Justices
of the Peace.
and with the advice and consent of the
ouse of Commons of Canada, enacts as
|HER Majesty, b
Senate and
follows:—
SHORT TITLE.
1- This Act may be cited as “The Summary Convictions
Act.”
INTER PRETATION.
2. In this Act, unless the context otherwise requires,-
(a.) The expression “justice” means a justice of the peace,
and includes two or more justices if two or more justices
act or have jurisdiction, and also a police magistrate, a
stipendiary magistrate and any person having the power or
authority of two or more justices of the peace ;
(b.) The expression “clerk of the peace ’’ includes the
proper officer of the court having jurisdiction in appeal
under this Act ;
(c.) The expression “territorial division ” means district,
County, union of counties, township, city, town, parish or
other judicial division or place;
(d.) The expression “district” or “county’ includes any
territorial or judicial division or place, in and for which
there is such judge, justice, justice's court, officer or prison
as is mentioned in the context ;
(e.) The expression “common gaol” or “prison " means
any place other than a penitentiary in which persons
charged with offences are usually kept and detained in
custody. 32-33 W., c. 31, ss. 94 and 95;-40 W., c. 27, s. 3;-
49 W., c. 49, s. 1.
JURISDICTION.
3. This Act shall apply to,
(a.) Every case in which any person commits, or is sus-
pected of having committed any offence or act over which
the Parliament of Canada has legislative authority, and for
which such person is liable, on summary conviction, to im-
prisonment, fine, penalty or other punishment ;
A. D. 1886.
Short title.
Interpreta-
tion.
** Justice.”
‘‘ Clerk of the
“ peace.”
‘‘Territorial
“ division.’’
{{District ’’
or “county.”
“Common
“ gaol” or
“prison.”
Application
of Act.
Offences pun-
ishable on
summary con-
viction.



2123
2 Chap. 178. Summary Convictions Act. 49 WICT.
Cases in (b.) Every case in which a complaint is made to any
** as justice in relation to any matter over which the Parliament
payment of of Canada has legislative authority, and with respect to
jº.'" which such justice has authority by law to make any order
for the payment of money or otherwise;—
Subject to any special provision otherwise enacted with
respect to such offence, act or matter. 32-33 W., c. 18, s. 35,
c. 20, s. 80, c. 21, s. 123, c. 22, s. 75, c. 27, s. 7, c. 29, s. 7, and
c. 31, s. 1, part ;-33 W., c. 31, s. 6;-35 W., c. 31, ss. 2, part,
and 3;-38 W., c. 42, s. 11;-40 W., c. 35, s. 5;-43 W., c. 38,
s. 4;-44 W., c. 30, s. 10, part. &
By whom cºm- 4. Every complaint and information shall be heard, tried,
i..." determined and adjudged by one justice or two or more
justices, as directed by the Act or law upon which the
complaint or information is framed, or by any other Act or
law in that behalf. 32-33 W., c. 31, s. 27.
If there is no 5- If there is no such direction in any Act or law, then
direction in & * g * *
the Act. the complaint or information may be heard, tried, deter-
mined and adjudged by any one justice for the territorial
division where the matter of the complaint or information
arose. 32-33 W., c. 31, s. 28.
º: 6- Any one justice may receive the information or com-
j. plaint, and grant a summons or warrant thereon, and issue
always act. his summons or warrant to compel the attendance of any
witnesses for either party, and do all other acts and matters
necessary, preliminary to the hearing, even if by the statute
in that behalf it is provided that the information or com-
plaint shall be heard and determined by two or more
justices. 32-33 W., c. 31, s. 85.
***ing ... 7. After a case has been heard and determined, one jus-
tice may issue all warrants of distress or commitment
thereon. 32-33 W., c. 31, s. 86.
Fº 8. It shall not be necessary that the justice who acts be-
º!" fore or after the hearing be the justice or one of the justices
by whom the case is or was heard and determined. 32-33
W., c. 31, s. 87.
º 9. If it is required by any Act or law that an information
or complaint shall be heard and determined by two or more
justices, or that a conviction or order shall be made by two
or more justices, such justices shall be present and acting
together during the whole of the hearing and determination
of the case. 32-33 W., c. 31, s. 88.
Certain ma- 10- Every judge of Sessions of the Peace, recorder, police
#.”.” magistrate, district magistrate or stipendiary magistrate,
power of two appointed for any district, county, city, borough, town or
justices. 124
1886 Summary Convictions Act. Chap. 178. 3
place, shall have full power to do alone whatever is au-
thorized to be done by two or more justices. 32-33 W., c. 31,
S. 91, part. . Y
IIIMITATIONS.
11. If no time is specially limited for making any com- When no.
plaint or laying any information in the Act or law relating ...”
to the particular case, the complaint shall be made and the tion or com-
information shall be laid within three months from the time P"
when the matter of the complaint or information arose, ex-
cept in the North-West Territories, and in that part of the Exception as
county of Saguenay which extends from Portneuf, in the ..."
said county, to the eastward as far as the limits of Canada, e
including all the islands adjoining thereto, where the time
within which such complaint shall be made, or such infor-
mation shall be laid, shall be extended to twelve months
from the time when the matter of the complaint or informa-
tion arose. 32-33 W., c. 31, s. 26;-43 W., c. 25, sch., part.
A BETTORS.
12. Every one who aids, abets, counsels or procures the Where abet-
commission of any offence punishable on summary convic- ...”
tion, may be proceeded against and convicted either in the against.
territorial division or place where the principal offender
may be convicted, or in that in which the offence of aiding,
abetting, counselling or procuring was committed. 32-33 W.,
C. 31, S. 15, part. -
ENFORCING ATTENDANCE OF DEFENDA NTS.
13. Whenever an information (A) is laid before any jus- When infor-
tice for any territorial division of Canada, that any person, i.
being within the jurisdiction of such justice, has commit- a summons, to
ted or is suspected to have committed any offence or act for º
which he is liable by law, on summary conviction, to be im- issued.
prisoned or fined, or otherwise punished, or a complaint
is made to any such justice in relation to any matter upon
which he has authority by law to make any order for the
payment of money or otherwise, such justice may issue his
summons (B), directed to such person, stating shortly the
matter of the information or complaint, and requiring him
to appear at a certain time and place, before such justice,
or before such other justice in and for the same territorial
division as shall then be there, to answer to the said infor-
mation or complaint, and to be further dealt with according
to law. 32-33 W., c. 31, s. 1, part.
14- Every such summons shall be served by a constable Service of
or other peace officer, or other person to whom the same is “”
delivered, upon the person to whom it is directed, by deliver-
ing the same to such person personally, or by leaving it with
2125
Chap. 178. Summary Convictions Act. 49 WICT.
Proof of Ser-
vice.
As to ea parte
Cà,SCS.
If the sum-
mons is not
obeyed, the
justice may
issue his war-
l'a, Ilt.
Warrant may
issue in the
first instance
on informa-
tion sup-
ported by
oath, &c.
Copy of war-
rant to be
Served on
defendant.
Warrant to be
under hand
and seal; to
whom
directed.
some person for him at his last or most usual place of abode.
32-33 W., c. 31, s. 2. -
15- The constable, peace officer or person who serves such
summons, shall attend at the time and place, and before the
justice in the summons mentioned, to depose, if necessary,
to the service thereof. 32-33 W., c. 31, s. 3.
H6- Nothing herein contained shall oblige any justice to
issue any such summons whenever the application for any
order may, by law, be made ea; parte. 32-33 W., c. 31, S. 4.
17- If the person served with a summons does not ap-
pear before the justice at the time and place mentioned in
the summons, and it is made to appear to the justice, by oath
or affirmation, that the summons was duly served, a reason-
able time, in the opinion of the justice, before the time
therein appointed for appearing to the same, the justice,
upon oath or affirmation being made before him, substan-
tiating the matter of the information or complaint to his
satisfaction, may, if he thinks fit, issue his warrant (C) to
apprehend the person so summoned, and to bring him be-
fore such justice or before some other justice in and for the
same territorial division, to answer to the said information
or complaint, and to be further dealt with according to law.
32-33 W., c. 31, s. 6, part.
18- Any justice before whom any such information is
laid for any offence punishable on summary conviction,
may, if he thinks fit, upon oath or affirmation being made
before him, substantiating the matter of the information to
his satisfaction, instead of issuing a summons, issue in the
first instance his warrant (D) for apprehending the person
against whom the information has been laid, and bringing
him before such justice, or before some other justice in and
for the same territorial division, to answer to the informa-
tion and to be further dealt with according to law : Pro-
vided, that whenever a warrantis issued in the first instance,
the justice issuing it shall furnish a copy or copies thereof,
and cause a copy to be served on each person arrested at the
time of such arrest. 32-33 W., c. 31, s. 6, part.
19. Every warrant to apprehend a defendant, that he may
answer to an information or complaint, shall be under the
hand and seal of the justice issuing the same, and may be
directed to any one or more or to all of the constables or
other peace officers of the territorial division within which
it is to be executed, or to such constable and all other con-
stables in the territorial division within which the justice
who issued the warrant has jurisdiction, or generally to all
the constables or peace officers within such territorial divi-
sion :
2126
f886. Summary Convictions Act. Chap. 178
5
2. Such warrant shall state shortly the matter of the in-
formation or complaint on which it is founded, and shal
name or otherwise describe the person against whom it has
been issued, and it shall order the constables or other peace
officers to whom it is directed, to apprehend the defendant
and to bring him before one or more justice or justices of the
same territorial division, as the case requires, to answer to
the information or complaint and to be further dealt with
according to law. 32-33 W., c. 31, s. 8.
29. It shall not be necessary to make the warrant re-
turnable at any particular time, but the same shall remain
in full force until executed ; and the warrant may be exe-
cuted by apprehending the defendant at any place in the
territorial division within which the justice who issued the
same has jurisdiction, or, in case of fresh pursuit, at any
place in the next adjoining territorial division, within seven
miles of the border of the first mentioned territorial division,
without having the warrant backed as hereinafter men-
tioned. 32-33 W., c. 31, s. 9. -
21- If the warrant is directed to all constables or peace
officers in the territorial division within which the justice
who issued the same has jurisdiction, any constable or peace
officer for any place within the limits of the jurisdiction
may execute the warrant, in like manner as if the warrant
was directed specially to him by name, and notwithstand-
ing that the place in which the warrant is executed is not
within the place for which he is a constable or peace officer.
32-33 W., c. 31, s. 10. -
22- If any person against whom any warrant has been
issued is not found within the jurisdiction of the justice by
whom it was issued, or, if he escapes into, or is or is sus-
pected to be in any place within Canada, out of the juris-
diction of such justice, any justice, within whose jurisdic-
tion such person is or is suspected to be, upon proof upon
oath or affirmation of the handwriting of the justice issuing
the warrant, may make an indorsement upon it, signed with
his name, authorizing the execution of the warrant within
his jurisdiction; and such indorsement shall be a sufficient
authority to the person bringing the warrant, and to all other
persons to whom it was originally directed, and to all con-
stables or other peace officers of the territorial division where-
in the indorsement is made, to execute the same in any place
within the jurisdiction of the justice indorsing the same,
and to carry the offender, when apprehended, before the jus-
tice who first issued the warrant or some other justice having
the same jurisdiction. 32-33 W., c. 31, s. 11.
What the
warrant shall
contain.
Duration of
warrant and
how to be
executed.
What officer
may execute
it, and where.
Indorsing of
the Warrant
in another
jurisdiction.
Effect of such
indorsement.
2127 -
6 Chap. 178. Summary Convictions Act. 49 WICT.
INFORMATIONS AND COMPLAINTS.
. --i-
Certain com- 23. It shall not be necessary that any Sümplaint upon
...* which a justice may make an order for the payment of money
writing. or otherwise, shall be in writing, unless it is so required by
some particular Act or law upon which such complaint is
founded. 32-33 W., c. 31, s. 20. -
Complaints 24- Every complaint upon which a justice is authorized by
... law to make an order, and every information for any offence
so provided or act punishable on Summary conviction, may, unless it is
herein or by some particular Act or law otherwise provided,
be made or laid without any oath or affirmation as to the
truth thereof. 32-33 W., c. 31, s. 24.
Exception, 25. Whenever the justice issues his warrant in the first
When wºrrant instance, the matter of the information shall be substantiated
º" by the oath or affirmation of the informant, or by some wit.
instance. ness or witnesses on his behalf, before the warrant is issued.
32-33 W., c. 31, s. 25, part.
Complaint to 26. Every complaint shall be for one matter of complaint
Hºly only, and not for two or more matters of complaint, and
&c. every information shall be for one offence only, and not for
two or more offences ; and every complaint or information
may be laid or made by the complainant or informant in per-
son, or by his counsel or attorney or other person authorized
in that behalf. 32-33 W., c. 31, s. 25, part.
Description of 27. In any information or complaint, or proceedings there-
; ‘.... on, in which it is necessary to state the ownership of any
property belonging to or in possession of partners, joint
tenants, parceners or tenants in common, or par indivis, it
shall be sufficient to name one of such persons, and to state
the property to belong to the person so named, and another
or others, as the case may be :
Partners, &c., 2. Whenever, in any information or complaint, or the pro-
jºi. ceedings thereon, it is necessary to mention, for any purpose
II13, Illil (21'. whatsoever, any partners, joint tenants, parceners or tenants
in common, or par indivis, it shall be sufficient to describe
them in the manner aforesaid:
Description of 3. Whenever, in any information or complaint, or the
§." proceedings thereon, it is necessary to describe the owner-
corporation. ship of any work or building made, maintained or repaired
at the expense of the corporation or inhabitants of any
territorial division or place, or of any materials for the mak-
ing, altering or repairing the same, they may be therein
described as the property of the inhabitants of such terri-
torial division or place. 32-33 W., c. 31, s. 14.
Nº.” 28. No objection shall be allowed to any information, com-
8, º º
... plaint, summons or warrant, for any alleged defect therein,
defect in sub- in substance or in form, or for any variance between such in-
2128
* &
1886. f Summary Convictions Act. Chap. 178.
formation, complaint, Summons or warrano, and the evidence
adduced on the part of the informant or complainant at the
hearing of stºº information or complaint:
2. Any variance between the information, for any offence
or act punishable on summary conviction, and the evidence
adduced in support thereof as to the time at which such
offence or act is alleged to have been committed, shall not
be deemed material, if it is proved that such information
was, in fact, laid within the time limited by law for laying
the same :
3. Any variance between the information and the evi-
dence adduced in support thereof, as to the place in which
the offence or act is alleged to have been committed, shall
not be deemed material, if the offence or act is proved to
have been committed within the jurisdiction of the justice
by whom the information is heard and determined :
4. If any such variance, or any other variance between
the information, complaint, summons or warrant, and the
evidence adduced in support thereof, appears to the justice
present, and acting at the hearing, to be such that the defen-
dant has been thereby deceived or misled, the justice may,
upon such terms as he thinks fit, adjourn the hearing of the
case to some future day. 32-33 W., c. 31, ss. 5, 12, part, 21
and 22, part.
WITNESSES.
29- If it is made to appear to any justice, by the oath or
affirmation of any credible person, that any person within
the jurisdiction of such justice is likely to give material
evidence on behalf of the prosecutor or complainant or de-
fendant, and will not voluntarily appear as a witness at
the time and place appointed for the hearing of the in-
formation or complaint, the justice shall issue his summons
(E 1) to such person, requiring him to be and appear at a
time and place mentioned in the summons, before such
justice, or any other justice in and for the territorial division,
who shall then be there, to testify what he knows concern-
ing the information or complaint. 32-33 W., c. 31, s. 16.
$4}. If any person so summoned neglects or refuses to
appear at the time and place appointed by the Summons,
and no just excuse is offered for such neglect or refusal,
then, after proof upon oath or affirmation of the summons
having been served upon him, either personally or by leav-
ing the same for him with some person at his last or most
usual place of abode, the justice before whom such person
should have appeared may issue a warrant (E 2) to bring
and have such person, at a time and place to be therein
mentioned, before the justice who issued the summons, or
before any other justice in and for the same territorial div-
ision who shall then be there, to testify as aforesaid, and
Stan Ce Or
form, &c.
When Vari-
an Ce as to
time shall
not be
material.
When vari-
an Ce aS to
place shall
not be ma—
terial.
If defendant
had been mis-
led, the justice
may adjourn
the case.
Summons to
person likely
to give mate-
rial evidence.
Warrant if
such person
fails to ap-
pear.
2129
8
Chap. 178. 'Summary Convictions Act. 49 WICT.
t
May be
backed.
Warrant in
the first in-
Stance.
Commitment
for refusal to
give evidence.
Place of hear-
ing to be
deemed an
open court.
Defendant
may make full
defence.
Prosecutor
may be heard
by counsel or
attorney.
Witnesses to
be examined
On oath.
the said warrant may, if necessary, be backed as herein men-
tioned, in order to its being executed out of the jurisdiction
of the justice who issued the same. 32-33°Wº, c. 31, s. 17.
31. If the justice is satisfied, by evidence upon oath or
affirmation, that it is probable that the person will not at-
tend to give evidence without being compelled so to do, he
may instead of issuing a summons issue his warrant (E 3)
in the first instance, and the warrant may, if necessary, be
backed as aforesaid. 32-33 W., c. 21, s. 18. -
32. If, on the appearance of the person so summoned be-
fore the justice, either in obedience to the summons or upon
being brought before him, by virtue of the warrant, such
person refuses to be examined upon oath or affirmation,
concerning the premises, or refuses to take an oath or affir-
mation, 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 excuse for his refusal,
any justice then present and having jurisdiction, may, by
warrant (E 4), commit the person so refusing to the common
gaol or other prison for the territorial division where the
person then is, there to remain and be imprisoned for any
term not exceeding ten days, unless, in the meantime, he
consents to be examined and to answer concerning the
premises. 32-33 W., c. 31, s. 19.
HEARING.
38. The room or place in which the justice sits to hear
and try any complaint or information shall be deemed an
open, and public court, to which the public generally may
have access, so far as the same can conveniently contain
them. 32-33 W., c. 31, s. 29.
34. The person against whom the complaint is made or
information laid shall be admitted to make his full answer
and defence thereto, and to have the witnesses examined
and cross-examined by counsel or attorney on his behalf.
32-33 W., c. 31, s. 30.
35. Every complainant or informant in any such case
shall be at liberty to conduct the complaint or information,
and to have the witnesses examined and cross-examined,
by counsel or attorney on his behalf. 32-33 W., c. 31, s. 31.
36. Every witness at any hearing shall be examined
upon oath or affirmation, and the justice before whom any
witness appears for the purpose of being examined shall
have full power and authority to administer to every wit-
ness the usual oath or affirmation. 32-33 W., c. 31, s.45, part.
2180 -
1886. Summary Convictions Act. Chap. 178. 9.
37. Every prosecutor of any information not having any .*.
pecuniary interest in the result, and every complainant in ent §es
any complaint, whatever his interest may be in the result in ºrtain
of the same, shall be a competent witness to support such “
information or complaint; and no prosecutor shall be deemed
incompetent as a witness on the ground only that he may
be liable to costs. 32-33 W., c. 31, s. 45, part.
*s. The evidence of the person aggrieved, and also the .
evidence of any inhabitant of the district, county or place º "
in which any offence has been committed, shall be admitted
in proof of the offence, notwithstanding that any forfeiture
or penalty incurred by the offence is payable to any public
fund of such district, county or place. 32-33 W., c. 31, s.90.
39. If, on the day and at the place appointed by the sum- If º defend-
mons for hearing and determining the complaint or infor- : not
mation, the defendant against whom the same has been
made or laid does not appear when called, the constable or
other person who served the defendant with the summons
shall declare upon oath in what manner he served the sum-
Imons; and if it appears to the satisfaction of the justice that Proºeeding tº
such constable or other person duly served the summons a jºi"
reasonable time before the time appointed for appearance, adjournment.
such justice may proceed ea; parte to hear and determine the -
case in the absence of the defendant, as fully and effectually,
to all intents and purposes, as if the defendant had person-
ally appeared in obedience to such summons, or the justice,
upon the non-appearance of the defendant, may, if he thinks
fit, issue his warrant in manner herein directed, and adjourn
the hearing of the complaint or information until the de-
fendant is apprehended. 32-33 W., c. 31, ss. 7 and 32.
49. When the defendant has been apprehended under Yº defend-
the warrant, he shall be brought before the justice who tºº,
issued it, or some other justice in and for the same territo-
rial division, who shall thereupon, either by his warrant
(F) commit the defendant to the common gaol or other
prison, or if he thinks fit, verbally to the custody of the
constable or other person who apprehended him, or to such
other safe custody as he deems fit, and may order the defen-
dant to be brought up at a certain time and place before him,
—of which order the complainant or informant shall have
due notice; but no committal under this section shall be Proviso.
for more than one week. 32-33 W., c. 31, s. 33.
41. If, upon the day and at the place so appointed, the ºl.
defendant appears voluntarily in obedience to the summons º
in that, behalf served upon him, or is brought before the ſºnant does
justice by virtue of a warrant, then, if the complainant or "
informant, having had due notice, does not appear by him-
self, his counsel or attorney, the justice shall dismiss the
*
56% 2131
10 Chap. 178. Summary Convictions Act. 49 WICT.
complaint or information, unless for some reason he thinks
proper to adjourn the hearing of the same until some other
day, upon such terms as he thinks fit. 32-33 W., c. 31, s. 34,
part.
If both parties 42. If both parties appear, either personally or by their
appear. respective counsel or attorneys, before the justice who is to
hear and determine the complaint or information, such jus-
tice shall proceed to hear and determine the same. 32-33 W.,
c. 31, s. 36.
lººdings 43. If the defendant is present at the hearing, the sub-
hearing. stance of the information or complaint shall be stated to
him, and he shall be asked if he has any cause to show why
he should not be convicted, or why an Order should not be
made against him, as the case may be. 32-33 W., c. 31, s. 37.
º: * , 44. If the defendant thereupon admits the truth of the
ifiefºndant' information or complaint, and shows no sufficient cause
* the why he should not be convicted, or why an order should
& sº tº tº inot be made against him, as the case may be, the justice
present at the hearing, shall convict him or make an order
against him accordingly, 32-33 W., c. 31, s. 38.
If he does not 45. If the defendant does not admit the truth of the
admit the * * * ſº g º *
†. ..., information or complaint, the justice shall proceed to hear
º, the prosecutor or complainant and such witnesses as he
... “” examines and such other evidence as he adduces in support
of his information or complaint, and shall also hear the de-
fendant and such witnesses as he examines, and such other
evidence as he adduces in his defence, and also hear such
witnesses as the prosecutor or complainant examines in
reply, if such defendant has examined any witnesses or
given any evidence other than evidence as to his general
character. 32-33 W., c. 81, s. 39.
Asto observe 46. The prosecutor or complainant shall not be entitled
tions by e e & g
iºarty to make any observations in reply, upon the evidence given
by the defendant, nor shall the defendant be entitled to make
any observations in reply upon the evidence given by the
prosecutor or complainant in reply. 32-33 W., c. 31, S. 40.
If information 47. If the information or complaint in any case negatives
tº..., any exemption, exception, proviso or condition in the statute
ºxemption, on which the same is founded, it shall not be necessary for
&c. the prosecutor or complainant to prove such negative, but
the defendant may prove the affirmative thereof in his de-
fence, if he wishes to avail himself of the same. 32-33 W.,
c. 31, S. 44.
ºnt 48. Before or during the hearing of any information or
complaint, the justice may, in his discretion, adjourn the
hearing of the same to a certain time and place, to be then
2132
1886. II.
Summary Convictions Act.
Chap. 178.
appointed alld stated in the presence and hearing of the
party or parties, or of their respective attorneys or agents
then present, but no such adjournment shall be for more
than one week. 32-33 W., c. 31, s. 46, part. -
49. If, at the time and place to which the hearing or
further hearing is adjourned, either or both of the parties
do not appear, personally or by his or their counsel or attor-
neys respectively, before the justice or such other justice as
shall then be there, the justice who is then there may pro-
ceed to the hearing or further hearing as if the party or
parties were present, 32-33 W., c. 31, s.47.
50. If the prosecutor or complainant does not appear, the
justice may dismiss the information with or without costs,
as to him seems fit. 32-33 W., c. 31, s. 48.
51. Whenever any justice adjourns the hearing of any
case, he may suffer the defendant to go at large or may
commit him (G) to the common gaol or other prison, within
the territorial division for which such justice is then act-
ing, or to such other safe custody as such justice thinks
fit, or may discharge the defendant upon his recognizance
(H), with or without sureties, at the discretion of such jus-
tice, conditioned for his appearance at the time and place
to which such hearing or further hearing is adjourned :
2. Whenever any defendant who is discharged upon re-
cognizance or allowed to go at large, does not appear at the
time mentioned in the recognizance or to which the hearing
or further hearing is adjourned, the justice may issue his
warrant for the apprehension of the defendant. 32-33 W.,
c. 31, Ss. 12, part, 13, part, 22, part, 34, part, and 46, part,
52. The justice, having heard what each party has to
say, and the witnesses and evidence adduced, shall consider
the whole matter, and, unless otherwise provided, determine
the same, and convict or make an order upon the defendant,
If prosecutor
or defendant
does not ap-
pear, Case
may proceed.
If the prose-
cutor does not
appear.
On adjourn-
ment defend-
ànt may be
allowed to go
at large, or
may be com-
mitted.
Warrant may
be issued for
arrest of de-
fendant on
bail not ap-
pearing.
Decision of
the case.
or dismiss the information or complaint, as the case may be.
32-33 W., c. 31, s. 41.
53- If the justice convicts or makes an order against the
defendant, a minute or memorandum thereof shall then be
made, for which no fee shall be paid, and the conviction or
order shall afterwards be drawn up by the justice on parch-
ment or on paper, under his hand and seal, in such one of
the forms of conviction (J 1, 2, 3) or of orders (K. 1, 2, 3) in
the schedule to this Act, as is applicable to the case or to the
like effect. 32-33 W., c. 31, ss. 42, 50 and 51.
54. When several persons join in the commission of the
same offence, and, upon conviction thereof, each is adjudged
to pay a penalty, which includes the value of the property,
Minute of cen-
viction or
order to be
made.
Amount pay-
able to person
aggrieved
limited.
56.3% 2133
Chap. 178. Summary Convictions Act. 49 WICT.
in certain
cases defend-
sant may be
“discharged on
making Satis-
faction.
Certificate if
the com-
plaint, &c., is
odismissed.
1)efendant to
be served with
copy of the
minute before
distress or
commitment.
Justice may
3.ward costs
not inconsis-
tent with the
fees establish-
sed by law.
Costs may be
awarded to
defendant
when the case
3s dismissed.
Costs so al-
towed shall be
specified, &c.
or the amount of the injury done, no further sum shall be
paid to the person aggrieved than such amount or value, and
costs, if any, and the residue of the penalties imposed shall.
be applied in the same manner as other penalties imposed.
by a justice are directed to be applied. 32-33 W., c. 31, s. 89.
55. Whenever any person is summarily convicted before
a justice of any offence against “The Larceny Act,” or the “Act
respecting Malicious Injuries to Property,” or the “Act respect-
ing the Protection of the Property of Seamen in the Navy,” and it
is a first conviction, the justice may, if he thinks fit, discharge
the offender from his conviction, upon his making such
satisfaction to the person aggrieved, for damages and costs,
or either of them, as are ascertained by the justice. 32-33 W.,
c. 21, s. 119, and c. 22, s. 72;-33 W., c. 31, s. 5, part. -
56. If the justice dismisses the information or complaint,
he may, when required so to do, make an order of dismissal
of the same (L), and shall give the defendant a certificate
thereof (M), which certificate, upon being afterwards pro-
duced, shall, without further proof, be a bar to any subse-
quent information or complaint for the same matter against
the same defendant. 32-33 W., c. 31, s. 43.
57. Whenever, by any Act or law, authority is given to
commit a person to prison or to levy any sum upon his
goods or chattels by distress, for not obeying an order of a
justice, the defendant shall be served with a copy of the
minute of the order before any warrant of commitment or
of distress is issued in that behalf; and the order or minute
shall not form any part of the warrant of commitment or of
distress. 32-33 W., c. 31, s. 52.
COST
S
58. In every case of a summary conviction, or of an order
made by a justice, such justice may, in his discretion, award
and order in and by the conviction or order, that the defend-
ant shall pay to the prosecutor or complainant such costs
as to the said justice seems reasonable in that behalf, and
not inconsistent with the fees established by law to be
taken on proceedings had by and before justices. 32-33 W.,
c. 31, s. 53.
59. Whenever the justice, instead of convicting or mak-
ing an order, dismisses the information or complaint, he
may, in his discretion, in and by his order of dismissal,
award and order that the prosecutor or complainant shall
pay to the defendant such costs as to the said justice seems
reasonable and consistent with law. 32-33 W., c. 31, s. 54.
69. The sums so allowed for costs shall, in all cases, be
specified in the conviction or order, or order of dismissal,
2134 -
1886. Summary Convictions Act. Chap. 178. 13
and the same shall be recoverable in the same manner and
under the same warrants as any penalty, adjudged to be
paid by the conviction or order, is to be recovered. 32-33 W.,
c. 31, s. 55.
61. Whenever there is no such penalty to be recovered, May be re-
such costs shall be recoverable by distress and sale of the ...”
goods and chattels of the party, and in default of distress,
by imprisonment, with or without hard labor, for any term
not exceeding one month. 32-33 W., c. 31, s. 56, part.
W.A.R.R.A.NTS OF DISTRESS AND COMMITMENT.
62. Whenever a conviction adjudges a pecuniary penalty Justice may
or compensation to be paid, or an order requires the pay-jºº."
ment of a sum of money, and by the Act or law authorizing cases where a
such conviction or order, the penalty, compensation or sum ...,
of money is to be levied upon the goods and chattels of the fias been ad-
defendant, by distress and sale thereof, -and whenever, by "*
the Act or law in that behalf, no mode of raising or levying
the penalty, compensation or sum of money, or of enforcing
the payment of the same, is stated or provided, the justice
or any one of the justices making such conviction or order,
or any justice in and for the same territorial division, may
issue his warrant of distress (N 1, N2) for the purpose of
levying the same, which warrant of distress shall be in
Writing, under the hand and seal of the justice making the
same. 32-33 W., c. 31, s. 57.
63. If, after delivery of the warrant of distress to the In certain
constable or constables to whom the same has been directed ..."."
to be executed, sufficient distress cannot be found within ed for execu-
the limits of the jurisdiction of the justice granting the * juris—
warrant, them upon proof being made upon oath or affirma- diction.
tion of the handwriting of the justice granting the war-
rant, before any justice of any other territorial division,
such justice shall thereupon make an indorsement (N 3) on
the warrant, signed with his hand, authorizing the execu-
tion of the warrant within the limits of his jurisdiction,--
by virtue of which warrant and indorsement the penalty
or sum and costs, or so much thereof as has not been before
levied or paid, shall be levied by the person bringing the
warrant, or by the person or persons to whom the warrant
was originally directed, or by any constable or other peace
officer of the last mentioned territorial division, by distress
and sale of the goods and chattels of the defendant therein.
32-33 W., c. 31, s. 58.
64. Whenever it appears to any justice to whom applica- When the
tion is made for any warramt of distress, that the issuing ...”
e º e Warrant
thereof would be ruinous to the defendant and his family, would be
or whenever it appears to the justice, by the confession ruinous to
2135
14 Chap 178. Summary Convictions Act. 49 WICT.
defendant, or of the defendant or otherwise, that he has no goods and
there are no - tº s º g
jois, justice chattels whereon to levy such distress, then the justice, if
tº commit he deems it fit, instead of issuing a warrant of distress, may
g (O 1, O 2) commit the defendant to the common gaol or other
prison in the territorial division, there to be imprisoned,
with or without hard labor, for the time and in the manner
the defendant could by law be committed in case such
warrant of distress had issued, and Ino goods or chattels
had been found whereon to levy the penalty or sum and
costs. 32-33 W., c. 31, s. 59.
When war- 65. Whenever a justice issues any warrant of distress, he
: iºd, may suffer the defendant to go at large, or verbally, or by a
defendant, written warrant in that behalf, may order the defendant to
º" be kept and detained in safe custody, until return has been
until it is re- made to the warrant of distress, unless the defendant gives
turned. sufficient security, by recognizance or otherwise, to the satis-
faction of the justice, for his appearance, at the time and
place appointed for the return of the warrant of distress,
before him or before such other justice for the same territo-
rial division as shall then be there. 32-33 W., c. 31, s. 60.
In default ºf 66. If, at the time and place appointed for the return of
º: any warrant of distress, the constable, who has had the
may commit execution of the same, returns (N 4) that he could find no
. * " goods or chattels whereon he could levy the sum or sums
therein mentioned, together with the costs of or occasioned
by the levy of the same, the justice before whom the same
is returned may issue his warrant of commitment (N 5),
directed to the same or any other constable, reciting the
conviction or order shortly, the issuing of the warrant of
distress and the return thereto, and requiring the constable
to convey the defendant to the common gaol or other prison
of the territorial division for which the justice is then acting,
and there to deliver him to the keeper thereof—and requir-
ing the keeper to receive the defendant into such gaol or
prison, and there to imprison him, or to imprison him and
keep him at hard labor, in the manner and for the time
directed by the Act or law on which the conviction or order
mentioned in the warrant of distress is founded, unless the
sum or sums adjudged to be paid, and all costs and charges of
the distress, and also the costs and charges of the commit-
ment and conveying of the defendant to prison, if such jus-
tice thinks fit so to order (the amount thereof being ascer-
tained and stated in such commitment), are sooner paid.
32-33 W., c. 31, s. 62, part.
Term for 67. Whenever, by the Act or law on which the convic-
Yºlº tion or order is founded, the justice is authorized to issue a
committed in warrant of distress, to levy penalties or other sums recovered
.." "" before him by distress and sale of the defendant's goods, but
-- no further remedy is thereby provided in case no sufficient
2136
1886. Summary Convictions Act. Chap. 178. . 15
distress is found whereon to levy such penalties or other
sums, and whenever the Act or law on which the convic-
tion or order is founded provides no remedy, in case it shall
be returned to a warrant of distress thereon, that no sufficient
goods of the defendant can be found, the justice to whom
such return is made, or any other justice in and for the same
territorial division, may, if he thinks fit, by his warrant, as
aforesaid, commit the defendant to the common gaol or other
prison of the territorial division for which such justice is
acting, for any term not exceeding three months. 32-33 W.,
c. 31, s. 62, part.
68. In every case of a summary conviction for an offence Term of im-
under “The Larceny Act,” the “Act respecting Malicious ..."
Injuries to Property,” or the “Act respecting the Protection of if penalty im-
the Property of Seamen in the Navy,” when the penalty im- º is not
posed by the justice is not paid, either immediately after the
conviction, or within such period as the justice, at the time
of the conviction, appoints, such justice, unless where other-
wise specially directed, may commit the offender to the com-
mon gaol or other place of confinement, there to be impris-
oned only, or to be imprisoned and kept at hard labor, in
the discretion of the justice, for any term not exceeding two
months if the amount of the penalty imposed, together with
the costs, does not exceed twenty-five dollars, and for any
term not exceeding three months if such amount, with costs,
exceeds twenty-five dollars. 32-33 W., c. 21, s. 118, and c. 22,
s. 71;-33 W., c. 31, s. 5, part.
*ś9. Whenever a justice, upon any information or com- Imprisonment
plaint, adjudges the defendant to be imprisoned, and the iº,
defendant is then in prison undergoing imprisonment upon if defendant
conviction for any other offence, the warrant of commitment * lil
for the subsequent offence shall be forth with delivered to
the gaoler or other officer to whom it is directed; and the
justice who issued the same, if he thinks fit, may award and
order therein that the imprisonment for the subsequent of
fence shall commence at the expiration of the imprisonment
to which the defendant was previously sentenced. 32-33 W.,
c. 31, s. 63.
• W g ~ a 4-3 * is . . airvoice xzi. If information
70. When any information or complaintis dismissed with ##. d,
costs, the sum awarded for costs in the order for dismissal costs may be
may be levied by distress (P1) on the goods and chattels of ..."
the prosecutor or complainant, in the manner aforesaid ; prosecutor.
and in default of distress or payment, the prosecutor or com-
plaimant may be committed (P 2) to the common gaol or
other prison, in manner aforesaid, for any term not exceeding
one month, unless such sum, and all costs and charges of the
distress, and of the commitment and conveying of the pros-
ecutor or complainant to prison (the amount thereof being
ascertained and stated in the commitment), are sooner paid.
32-33 W., c. 31, s. 64.
21:37
16 Chap. 178. Summary Convictions Act. 49 WICT.
|RECOGNIZANCES.
If defendant, 71. Whenever a defendant gives security by or is dis-
is discharged
...:” charged upon recognizance and does not afterwards appear
zance and fails at the time and place mentioned in the recognizance, the
*** justice who took the recognizance, or any justice who is then
present, having certified (Q) upon the back of the recogni-
TO what
officers recog-
nizances shall
be trans-
mitted.
In Ontario.
In the other
Provinces.
Proceedings
in a case of
Zance the non-appearance of the defendant, may transmit
such recognizance to the proper officer in the Province ap-
pointed by law to receive the same, to be proceeded upon
in like manner as other recognizances; and such certificate
shall be primá facie evidence of the non-appearance of the
said defendant. 32-33 W., c. 31, ss. 13, part, 23, 35, 49 and 61.
72. Whenever a person who has entered into any recogni-
zance under this Act, has failed to appear according to the
condition of such recognizance, and his default has been cer-
tified by the justice, the proper officer to whom the recogni-
zance and certificate of default are to be transmitted, in the
Province of Ontario, shall be the clerk of the peace of the
county for which such justice is acting; and the court of
General Sessions of the Peace for such county shall, at its
then next sitting, order all such recognizances to be forfeited
and estreated, and the same shall be enforced and collected
in the same manner and subject to the same conditions as
any fines, forfeitures or amercements imposed by or forfeited
before such court; and in the other Provinces of Canada, the
proper officer to whom any such recognizance and certificate
shall be transmitted, shall be the officer to whom like recog-
mizances have been heretofore accustomed to be transmitted
under the law in force before the passing of this Act; and
such recognizances shall be enforced and collected in the
same manner as like recognizances have heretofore been en-
forced and collected, 32-33 W., c. 36, s. 6.
ASSAUILTS.
73. Whenever any person unlawfully assaults or beats
any other person, any justice, upon complaint by or on behalf
assault. & * e e
of the person aggrieved, praying him to proceed summarily
on the complaint, may hear and determine such offence :
When there 2. If such justice finds the assault or battery complained
.." of to have been accompanied by an attempt to commit felony,
. or is of opinion that the same is, from any other circum-
felony, &c. stance, a fit subject for prosecution by indictment, he shall
abstain from any adjudication thereupon, and shall deal with
the case in all respects in the same manner as if he had no
authority finally to hear and determine the same:
In certain 3. No justice shall hear and determine any case of assault
... or battery, in which any question arises as to the title to
mine the any lands, tenements, hereditaments, or any interest therein
Imatter.
or accruing therefrom, or as to any bankruptcy or insolvency,
2138
1886. - Summary Convictions Act. Chap. 178.
17.
or any execution under the process of any court of justice.
32-33 W., c. 20, s. 43, part, and s. 46.
74. If the justice, upon the hearing of any case of assault
or battery upon the merits, where the complaint is preferred
by or on behalf of the person aggrieved, under the next pre-
ceding section, deems the offence not to be proved, or finds
the assault or battery to have been justified, or so trifling as
not to merit any punishment, and accordingly dismisses the
complaint, he shall forth with make out a certificate under
his hand, stating the fact of such dismissal, and shall deliver
such certificate to the person against whom the complaint
was preferred. 32-33 W., c. 20, s. 44.
75. If any person against whom any such complaint has
been preferred, by or on the behalf of the person aggrieved,
obtains such certificate, or, having been convicted, pays the
whole amount adjudged to be paid or suffers the imprison-
ment, or imprisonment with hard labor awarded, he shall
be released from all further or other proceedings, civil or
Criminal, for the same cause. 32-33 W., c. 20, s. 45.
APPEALS.
76. Unless it is otherwise provided in any special Act
under which a conviction takes place or an order is made
by a justice, or unless some other court of appeal having juris-
diction in the premises is provided by an Act of the Legis-
lature of the Province within which such conviction takes
place or such order is made, any person who thinks himself
aggrieved by any such conviction or order may appeal, in
the Province of Ontario, to the court of General Sessions of
the Peace ; in the Province of Quebec, to the Court of
Queen's Bench, Crown side; in the Provinces of Nova Scotia,
New Brunswick and Manitoba, to the county court of the
district or county where the cause of the information or com-
plaint arose ; in the Province of Prince Edward Island, to
the Supreme Court; in the Province of British Columbia, to
the county or district court, at the sitting thereof which
shall be held nearest to the place where the cause of the
information or complaint arose; and in the North-West Ter-
ritories, to a judge of the Supreme Court of the said terri-
tories sitting without a jury; and if any other court of ap-
peal is provided in any Province as aforesaid, the appeal
shall be to such court:
2. In the districts of Muskoka and Parry Sound, in the
Province of Ontario, such person may appeal to the court of
General Sessions of the Peace for the county of Simcoe ; in
the provisional county of Haliburton, to the court of General
Sessions of the Peace for the county of Victoria, in the said
Province ; in the district of Thunder Bay, to the court of
General Sessions of the Peace for the district of Algoma ;
Certificate if
the case is
dismissed.
Certificate or
conviction a
bar to any
further
proceeding.
Unless other-
wise provided
parties
aggrieved
may appeal to
certain courts
in the several
Provinces.
In certain
districts and
provisional
counties in
Ontario.
2139
18 Chap. 178. Summary Convictions Act. 49 WICT.
and in the district of Nipissing, to the court of General Ses-
sions of the Peace for the county of Renfrew. 40 W., c. 4,
s. 6, part, and c. 27, s. 2, part;-47 W., c. 43, s. 1;–48-49 W.,
c. 51, s. 7, part. t
Conditions of 77. Every right of appeal shall, unless it is otherwise
appeal. provided in any special Act, be subject to the conditions
following, that is to say:—
To what sit: (a.) If the conviction or order is made more than fourteen
ºši. days before the sittings of the court to which the appeal is
- given, such appeal shall be made to the then next sittings
of such court; but if the conviction or order is made within
fourteen days of the sittings of such court, then to the second
sittings next after such conviction or order:
Notice to be (b.) The person aggrieved shall give to the prosecutor or
glven. complainant, or to the convicting justice, for him, a notice
in writing (R) of such appeal, within ten days after such
l conviction or order:
Person so ap- (c.) The person aggrieved shall either remain in custody
jºš.” until the holding of the court to which the appeal is given,
tody or give or shall enter into a recognizance (S) with two sufficient
security. sureties, before a justice, conditioned personally to appear
at the said court, and to try such appeal, and to abide the
judgment of the court thereupon, and to pay such costs as
are awarded by the court; or, if the appeal is against any
tº conviction or order, whereby only a penalty or sum of money
Hº'º. is adjudged to be paid, the person aggrieved, (although the
tain cases. order directs imprisonment in default of payment), instead
of remaining in custody as aforesaid, or giving such recog-
Inizance as aforesaid, may deposit with the justice convict-
ing or making the order such sum of money as such justice
deems sufficient to cover the sum so adjudged to be paid,
together with the costs of the conviction or order, and the
costs of the appeal; and upon such recognizance being given,
or such deposit being made, the justice before whom such
recognizance is entered into, or deposit made, shall liberate
such person, if in custody :
Proceedings (d.) The court to which such appeal is made shall there-
ºn the appeal. upon hear and determine the matter of appeal and make
such order therein, with or without costs to either party,
- including costs of the court below, as seems meet to the
If the conyic- court, Land, in case of the dismissal of the appeal or the
| "...” affirmance of the conviction or order, shall order and ad-
-- judge the offender to be punished according to the convic-
tion, or the defendant to pay the amount adjudged by the
said order, and to pay such costs as are awarded,—and shall,
if necessary, issue process for enforcing the judgment of the
court; and whenever after any such deposit has been made as
aforesaid, the conviction or order is affirmed, the court may
order the sum thereby adjudged to be paid, together with
the costs of the conviction or order, and the costs of the ap-
peal, to be paid out of the money deposited, and the residue,
214()
1886. Summary Convictions Act. Chap. 178. 19
if any, to be repaid to the defendant; and whenever, after If quashed.
any such deposit, the conviction or order is quashed, the
court shall order the money to be repaid to the defendant:
(e.) The said court shall have power, if necessary, from Proceedings
time to time, by order indorsed on the conviction or order, º
to adjourn the hearing of the appeal from one sittings to
another, or others, of the said court :
(f) Whenever any conviction or order is quashed on ap-º.
peal, as aforesaid, the clerk of the peace of other proper ..."
officer shall forthwith indorse on the conviction or order a
memorandum that the same has been quashed ; and when-
ever any copy or certificate of such conviction or order is
made, a copy of such memorandum shall be added thereto,
and shall, when certified under the hand of the clerk of the Its effect.
peace, or of the proper officer having the custody of the same,
be sufficient evidence, in all courts and for all purposes, that
the conviction or order has been quashed. 33 W., c. 27, s. 1,
part –40 V., c. 4, s. 6, part, and c. 27, s. 2, part ;-49 W., c. 49,
ss. 11 and 12.
78. When an appeal against any summary conviction or Court appeal-
decision has been lodged in due form, and in compliance tº:
with the requirements of this Act, the court appealed to to try the
may, at the request of either appellant or respondent, em- *
panel a jury to try the facts of the case, and shall adminis-
ter to such jury an oath in the form following –
“You shall well and truly try the facts in dispute in the Oath of juror.
“matter of A. B. (the informant) against C. D. (the defendant),
“and a true verdict give according to the evidence. So help
“you God:” -
And the court, on the finding of the jury, shall give such Judgment.
judgment as the law requires; and if a jury is not so de-
manded, the court shall try and be the absolute judge, as
well of the fact as of the law, in respect to such conviction
or decision ; and any of the parties to the appeal may call As to evi-
witnesses and adduce evidence, whether such witnesses “"“”
were called or evidence adduced at the hearing before the
justice or not. 32-33 W., c. 31, s. 66;-42 W., c. 44, s. 10.
79. No judgment shall be given in favor of the appellant P.": to
if the appeal is based on an objection to any information, *i; ºct
complaint or summons, or to any warrant to apprehend a in fºrm or
defendant, issued upon any such information, complaint or ºº::
summons, for any alleged defect therein, in substance or in specified.
form, or for any variance between such information, com-
plaint, summons or warrant and the evidence adduced in
support thereof at the hearing of such information or com-
plaint, unless it is proved before the court hearing the ap-
peal that such objection was made before the justice before
whom the case was tried and by whom such conviction,
judgment or decision was given, nor unless it is proved that
notwithstanding it was shown to such justice that by such
- 2141
Chap. 178. Summary Convictions Act. 49 WICT.
Decision to be
given on the
merits, not-
withstanding
defect of form
in conviction,
which may be
amended.
If appeal is
abandoned,
after notice
given, costs
to be re-
coverable.
Proceedings
after appeal.
No conviction
approved to
be removed
by certiorari,
&c.
No certãorari
when appeal
is had.
variance the person summoned and appearing or appre-
hended had been deceived or misled, such justice refused
to adjourn the hearing of the case to some further day, as
herein provided. 32-33 W., c. 31, s. 67.
80. In every case of appeal from any summary convic-
tion or order had or made before any justice, the court to
which such appeal is made shall hear and determine the
charge or complaint on which such conviction or order has
been had or made, upon the "merits, notwithstanding any
defect of form or otherwise in such conviction or order; and
if the person charged or complained against is found guilty,
the conviction or order shall be affirmed and the court shall
amend the same if necessary; and any conviction or order
so affirmed, or affirmed and amended, shall be enforced in
the same manner as convictions or orders affirmed on ap-
peal. 32-33 W., c. 31, s. 68.
SH- The court to which an appeal is made, upon proof
of notice of the appeal to such court having been given to
the person entitled to receive the same, though such appeal
was not afterwards prosecuted or entered, may, if such ap-
peal has not been abandoned according to law, at the same
sittings for which such notice was given, order to the party
or parties receiving the same such costs and charges as are
thought reasonable and just by the court, to be paid by the
party or parties giving such notice; and such costs shall be
recoverable in the manner provided by this Act for the re-
covery of costs upon an appeal against an order or convic-
tion. 32-33 W., c. 31, s. 69.
S2. If any appeal against any conviction or order is de-
cided in favor of the respondents, the justice who made the
conviction or order, or any other justice for the same terri-
torial division, may issue the warrant of distress or com-
mitment for execution of the same, as if no appeal had been
brought. 32-33 W., c. 31, s. 70.
S3- No conviction or order affirmed, or affirmed and
amended, in appeal, shall be quashed for want of form, or
be removed by certiorari into any superior court, and no
warrant or commitment shall be held void by reason of
any defect therein, provided it is therein alleged that the
defendant has been convicted, and there is a good and valid
conviction to sustain the same. 33 W., c. 27, s. 2. .
84. No writ of certiorari shall be allowed to remove any
conviction or order had or made before any justice of the
peace if the defendant has appealed from such conviction or
order to any court to which an appeal from such conviction
or order is authorized by law, or shall be allowed to remove
any conviction or order made upon such appeal. 49 W.,
c. 49, s. 7. -
2142
1886. Summary Convictions Act. Chap. 178. 21
så. Every justice before whom any person is summarily ºn-
convicted of any offence, shall transmit the conviction to ºne
the court to which the appeal is herein given, in and for the conviction.
district, county or place wherein the offence has been com-
mitted, before the time when an appeal from such convic-
tion may be heard, there to be kept by the proper officer
among the records of the court; and if such conviction has º.º.
been appealed against, and a deposit of money made, such º y
justice shall return the deposit into the said court, and the
conviction shall be presumed not to have been appealed
against, until the contrary is shown. 32-33 W., c. 31, s. 72,
part. * -
86. And upon any indictment or information against Certificate of
any person for a subsequent offence, a copy of such convic-.”
tion, certified by the proper officer of the court, or proved
to be a true copy, shall be sufficient evidence to prove a
conviction for the former offence. 32-33 W., c. 31, s. 72, part.
87. No conviction or order made by any justice of the Gonvictions,
peace and no warrant for enforcing the same, shall, on being º"
removed by certiorari be held invalid for any irregular- informalities.
ity, informality or insufficiency therein, provided that the Proviso.
court, or judge before which or whom the question is raised
is, upon perusal of the depositions, satisfied that an offence
of the nature described in the conviction, order or warrant,
has been committed, over which such justice has jurisdic-
tion, and that the punishment imposed is not in excess of
that which might have been lawfully imposed for the said
offence; and any statement which, under this Act or other-
wise, would be sufficient if contained in a conviction, shall
also be sufficient if contained in an information, summons,
Order or warrant. 49 W., c. 49, s. 2. -
8s. The following matters amongst others shall be held ºf with:
to be within the provisions of the next preceding section — "“”
(a.) The statement of the adjudication, or of any other Statements.
rmatter or thing, in the past tense instead of in the present ;
(b.) The punishment imposed being less than the punish- Punishment.
ment by law assigned to the offence stated in the conviction
or order, or to the offence which appears by the depositions
io have been committed ;
(c.) The omission to negative circumstances, the existence Omission to
of which would make the act complained of lawful, whether º
such circumstances are stated by way of exception or other- prºviso.
wise in the section under which the offence is laid, or are
stated in another section ;
But nothing in this section contained shall be construed Proviso.
to restrict the generality of the wording of the next preced-
ing section. 49 V., c. 49, s. 3. -
2143
22
Chap. 178 Summary Convictions Act. 49 WICT.
Protection of
justices.
Order may be
made as to
security in
proceedings
to quash.
superseded.
&ourt to take
* * *
judicial
aotice of pro-
elamations.
Proceden do
not necessary
for return of
proceedings
89. If an application is made to quash a conviction or
order made by a justice of the peace, on the ground that
such justice has exceeded his jurisdiction, the court or judge
to which or whom the application is made, may, as a con-
dition of quashing the same, if the court or judge thinks fit
so to do, provide that no action shall be brought against the
justice of the peace who made the conviction, or against
any officer acting under any warrant issued to enforce such
conviction or order. 49 W., c. 49, s. 5.
90. The court having authority to quash any conviction,
order or other proceeding by or before a justice of the peace
may prescribe by general order that no motion to quash any
conviction, order or other proceeding by or before such
justice and brought before any court by certiorari, shall be
entertained unless the defendant is shown to have entered
into a recognizance with one or more sufficient sureties,
before a justice or justices of the county or place within
which such conviction or order has been made, or before a
judge or other officer, as may be prescribed by such general
order, or to have made a deposit to be prescribed in like
manmer, with a condition to prosecute such writ of certiorari
at his own costs and charges, with effect, without any wil-
ful or affected delay, and, if ordered so to do, to pay the
person in whose favor the conviction, order or other pro-
ceeding is affirmed, his full costs and charges to be taxed
according to the course of the court where such conviction,
order or proceeding is affirmed. 49 W., c. 49, s. 6.
91- The second section of the Act of the Parliament of
the United Kingdom, passed in the fifth year of the reign
of His Majesty King George the Second, and chaptered nine-
teen, shall no longer apply to any conviction, order or other
proceeding by or before a justice of the peace in Canada,
but the next preceding section of this Act shall be substi-
tuted therefor, and the like proceedings may be had for
enforcing the condition of a recognizance taken under the
said section as might be had for enforcing the condition
of a recognizance taken under the said Act of the Parlia-
ment of the United Kingdom, 49 W., c. 49, s. 8.
92. No order, conviction or other proceeding shall be
quashed or set aside, and no defendant shall be discharged
by reason of any objection that evidence has not been
given of a proclamation or order of the Governor General in
ſº & - - : -- - N .
Council, but such proclamation or order of the Governor
3eneral in Council shall be judicially noticed. 49 V., c. 49,
s..9. -
93. If a motion or rule to quash a conviction, order or
other proceeding is refused or discharged, it shall not be
mecessary to issue a writ of procedendo, but the order of the
Hot quashed.
2144
1886. Summary Convictions Act. Chap. 178. 23.
court refusing or discharging the application shall be a
sufficient authority for the registrar or other officer of the
court forthwith to return the conviction, order and proceed-
ings to the court or justice from which or whom they were
removed, and for proceedings to be taken thereon for the
enforcement thereof, as if a procedendo had issued, which
shall forthwith be done. 49 W., c. 49, s. 10.
94. Whenever it appears by the conviction, that the de-ºº-
fendant has appeared and pleaded, and the merits have A.' Il O
been tried, and that the defendant has not appealed against
the conviction, where an appeal is allowed, or if appealed
against, the conviction has been affirmed, such conviction
shall not afterwards be set aside or vacated in consequence
of any defect of form whatever, but the construction shall
be such a fair and liberal construction as will be agreeable
to the justice of the case. 32-33 W., c. 31, s. 73.
95. If upon any appeal the court trying the appeal orders Tº º
either party to pay costs, the Order shall direct the costs to jºi. )e.
be paid to the clerk of the peace or other proper officer of the
court, to be paid over by him to the person entitled to the
same, and shall state within what time the costs shall be
paid. 32-33 W., c. 31, s. 74.
96. If such costs are not paid within the time so limited, ..."
and the person ordered to pay the same has not been bound pay ©
by any recognizance conditioned to pay such costs, the clerk
of the peace or his deputy, on application of the person
entitled to the costs, or of any person on his behalf, and on
payment of any fee to which he is entitled, shall grant to
the person so applying, a certificate (T) that the costs have
not been paid ; and upon production of the certificate to
any justice in and for the same territorial division, such jus- e. g.
tice may enforce the payment of the costs by warrant of #º Ol'
distress (U 1) in manner aforesaid, and in default of dis- ment.
tress may commit (U 2) the person against whom the war-
rant has issued in manner hereinbefore mentioned, for any
term not exceeding two months, unless the amount of the
costs and all costs and charges of the distress and also the
costs of the commitment and conveying of the party to
prison, if the justice thinks fit so to order, (the amount
thereof being ascertained and stated in the commitment),
are sooner paid. 32-33 W., c. 31, s. 75.
TENDER AND PAY MENT.
97. Whenever a warrant of distress has issued against case ºften-
any person, and such person pays or tenders to the consta- lºſſ.
ble having the execution of the same, the sum or sums in amount of
the warrant mentioned, together with the amount of the distress.
expenses of the distress up to the time of payment or tender,
2145
Chap. 178. Summary Convictions Act. 49 WICT.
Payment may
be made to the
keeper of the
prison.
Returns to be
Imade quarter-
ly by justices.
Joint return.
In Prince
Edward
Island.
In certain dis-
tricts and
provisional
counties in
Ontario.
the constable shall cease to execute the same. 32-33 W.,
c. 31, s. 83. r -
98. Whenever any person is imprisoned for non-payment
of any penalty or other sum, he may pay or cause to be paid
to the keeper of the prison in which he is imprisoned, the
sum in the warrant of commitment mentioned, together
with the amount of the costs and charges and expenses
therein also mentioned, and the keeper shall receive the
same, and shall thereupon discharge the person, if he is in
his custody for no other matter. 32-33 W., c. 31, s. 56, part,
and s. 84.
RETURNS RESPECTING CON VICTIONS AND MONEY S RECEIVED.
99. Every justice shall, quarterly, on or before the second
Tuesday in each of the months of March, June, September
and December in each year, make to the clerk of the peace
or other proper officer of the court having jurisdiction in
appeal, as herein provided, a return in writing, under his
hand, of all convictions made by him, and of the receipt and
application by him of the moneys received from the defen-
dants, which return shall include all convictions and other
matters not included in some previous return, and shall be
in the form (W) in the schedule to this Act :
2. If two or more justices are present, and join in the
conviction, they shall make a joint return :
3. In the Province of Prince Edward Island such return
shall be made to the clerk of the court of assize of the county
in which the convictions are made, and up to the fourteenth
day next before the sitting of the said court next after such
convictions are so made :
4. Every such return shall be made, in the districts of
Muskoka and Parry Sound, in the Province of Ontario, to
the clerk of the peace for the county of Simcoe, in the said
Province ; in the provisional county of Haliburton, in the
said Province, to the clerk of the peace for the county of
Victoria, in the said Province ; in the district of Thunder
Bay, in the said Province, to the clerk of the peace for the
Return of
subsequent
receipts, &c.
district of Algoma, in the said Province ; and in the district
of Nipissing in the said Province, to the clerk of the peace
for the county of Renfrew, in the said Province. 32-33 W.,
c. 31, s. 76, part ;-33 W., c. 27, s. 3;-40 W., c. 4, s. 7 ;—47 W.,
c. 43, s. 2;-49 W., c. 49, s. 13.
100. Every justice, to whom any such moneys are after-
wards paid, shall make a return of the receipts and applica-
tion thereof, to the court having jurisdiction in appeal as
hereinbefore provided,—which return shall be filed by the
clerk of the peace with the records of his office. 32-33 W.,
c. 31, s. 77.
2146
1886. Summary convictions Act. Chap. 178. 25
101. Every justice, before whom any such conviction ºf ºu
takes place or, who receives any such moneys, who neglects łºś.
or refuses to make such return thereof, or wilfully makes a ng tº comply
false, partial or incorrect return, or wilfully receives a larger Y. ºis
amount of fees than by law he is authorized to receive, shall Act as to
incur a penalty of eighty dollars, together with full costs of "" *
suit, which may be recovered by any person who sues for
the same by action of debt or information in any court of
record in the Province in which such return ought to have
been or is made :
2. One moiety of such penalty shall belong to the person Application
suing, and the other moiety to Her Majesty, for the public ""
uses of Canada. 32-33 W., c. 31, s. 78.
102. All prosecutions for penalties arising under the pro-Actions fºr.
visions of the next preceding section shall be commenced hº
within six months next after the cause of action accrues, and months after
the same shall be tried in the district, county or place where- *
in such penalties have been incurred; and if a verdict or
judgment passes for the defendant, or the plaintiff becomes As to costs.
non-suit, or discontinues the action after issue joined, or if,
upon demurrer or otherwise, judgment is given against the
plaintiff, the defendant shall recover his full costs of suit,
as between solicitor and client, and shall have the like
remedy for the same as any defendant has by law in other
cases. 32-33 W., c. 31, s. 79.
103. The clerk of the peace of the district or county in Clerk of the
which any such returns are made, or the proper officer, other ;....”
than the clerk of the peace, to whom such returns are made, post up the
shall, within seven days after the adjournment of the next ...”
ensuing General or Quarter Sessions, or of the term or sitting
of such other court as aforesaid, cause the said returns to
be published in one newspaper in the district or county, or
if there is no such newspaper, then in a newspaper of an
adjoining district or county, and shall also post up in the
court house of the district or county, and also in a conspicu-
ous place in the office of such clerk of the peace, or other
proper officer, for public inspection, a schedule of the re-
turns so made by such justices ; and the same shall continue
to be so posted up and exhibited until the end of the next
ensuing General or Quarter Sessions of the Peace, or of the
term or sitting of such other court as aforesaid ; and for every Fee for post-
schedule so made and exhibited by such clerk or officer, he "é "P.
shall be allowed the expense of publication, and such fee
as is fixed by competent authority. 32-33 W., c. 31, s. 80.
H4} f - Such clerk of the peace or other officer of each dis- Copy ºf e-
• 1. & 8 °º e o § turns to be
trict or county, within twenty days after the end of each jºid Minis-
General or Quarter Sessions of the Peace, or the sitting of #.
e e tº º - I Ilall CC.
such court as aforesaid, shall transmit to the Minister of
57% 2147
Chap. 178. Summary Convictions Act 49 WICT.
Not to pre-
vent prosecu-
tion of a
justice in
default.
Returns not
vitiated by
certain mat-
ters being
included
therein.
Offences may
be laid con-
junctively or
disjunctively.
Example.
Seals to war-
rants and
other docu-
ImentS.
Power to pre-
serve order,
&c.
Finance and Receiver General atrue copy of all such returns
made within his district or county. 32-33 W., c. 31, S. 81.
195. Nothing in the six sections next preceding shall
have the effect of preventing any person aggrieved from
prosecuting, by indictment, any justice, for any offence, the
commission of which would subject him to indictment at
the time of the coming into force of this Act. 32-33 W.,
c. 31, s. 82. .
GENERAI, PROVISIONS.
106. No return purporting to be made by any justice
under this Act shall be vitiated by the fact of its including,
by mistake, any convictions or orders had or made before
him in any matter over which any Provincial Legislature
has exclusive jurisdiction, or with respect to which he acted
under the authority of any provincial law. 32-33 W., c. 36,
S. 7. t
107. No information, summons, conviction, order or other
proceeding shall be held to charge two offences, or shall be
held to be uncertain on account of its stating the offence to
have been committed in different modes, or in respect of
one or other of several articles, either conjunctively or dis-
junctively ; for example, in charging an offence under sec-
tion twenty-four of the “Act respecting Malicious Injuries
to Property,” it may be alleged that “the defendant unlaw-
fully and maliciously did cut, break, root up and otherwise
destroy or damage a tree, sapling or shrub ; ” and it shall
not be necessary to define more particularly the nature of
the act done, or to state whether such act was done in
respect of a tree, or a sapling, or a shrub. 49 W., c. 49, s. 4.
Ho8. If it is stated in any summons, warrant, document
or other instrument issued at any time in any Province of
Canada, by any justice, that the same is given under the
hand and seal of the justice signing it, such seal shall be
presumed to have been affixed by him, and its absence shall
not invalidate the instrument; or such justice may at any
time thereafter affix such seal with the same effect as if it
had been affixed when such instrument was signed. 32-33
V., c. 36, s. 4, part.
109. Every judge of Sessions of the Peace, police magis-
trate, district magistrate or stipendiary magistrate, shall have
such and like powers and authority to preserve order in the
said courts during the holding thereof, and by the like ways
and means as now by law are or may be exercised and used
in like cases and for the like purposes by any court in Can-
ada, or by the judges thereof, during the sittings thereof.
32-33 W., c. 31, s. 92.
*
2148
1886. Summary Convictions Act Chap. 178. 27
HIQ. Every judge of the Sessions of the Peace, police Pºwer to pun:
magistrate, district magistrate or stipendiary magistrate, tº:
whenever any resistance is offered to the execution of any
Summons, warrant of execution or other process issued by
him, may enforce the due execution of the same by the
means provided by the law for enforcing the execution of
the process of other courts in like cases. 32-33 W., c. 31, S. 93.
111. The several forms in the schedule to this Act con- ſº tº be
tained, varied to suit the case, or forms to the like effect, sufficient.
shall be deemed good, valid and sufficient in law. 32-33 W.,
c. 31, ss. 91, part, and 96.
SCHEDULE.
(A.)
FORM OF INFORMATION OR OF COMPLAINT ON OATH.
Canada.
Province of
district (or county,
united counties, or as
the case may be),
of
The information (or complaint) of C. D., of the township
of , in the said district (or county, united counties,
or as the case may be), of (laborer). (If preferred by an
attorney or agent, say—by D. E., his duly authorized agent or
attorney, in this behalf), taken upon oath before me, the
undersigned, a justice of the peace in and for the said dis-
trict (or county, united counties, or as the case may be),
Of - , at N., in the said district (or county, as
the case may be) of, this day of 2
in the year 2
who says that he has just cause to suspect and believe,
and does suspect and believe that A. B., of the (township)
of , in the said district (or county, as the case
'may be) of , within the space of 2
(the time within which the information (or complaint) should be
laid), last past, to wit, on the . day of 2
at the (township) of , in the district (county,
or as the case may be) aforesaid, did (here set out the Offence,
&c.), contrary to the form of the statute in such case made
and provided.
C. D. (or D. E.)
Taken and sworn before me, the day and year and at the
place above mentioned. J. S
57.3% 2149
28
Chap. 178. Summary Convictions Act. 49 WICT.
(B.)
SUMMONS TO THE DEFENDANT UPON AN INFORMATION OR
COMPTAINT,
Canada.
Province of
district (or county,
united counties, or
as the case may be),
Of - º
To A. B., of (laborer) :
Whereas information has this day been laid (or complaint
has this day been made) before the undersigned, a justice
of the peace in and for the said district (or county, united
counties, city, town, &c., as the case may be), of
for that you (here state shortly the matter of the information or
complaint): These are, therefore, to command you, in Her
Majesty's name, to be and appear on 2
at o'clock in the (fore) moon, at 2
before me, or such justice or justices of the peace for the
said district (or county, united counties, or as the case may
be), as shall then be there, to answer to the said informa-
tion (or complaint), and to be further dealt with according
to law.
Given under my hand and seal this day of 2
in the year , at in the district
(or county, or as the case may be), aforesaid.
J. S. [L. S.]
(C.)
WARRANT WHEN THE SUMMONS IS DISOBEYED.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
Of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of
Whereas on last past, information was laid (or
complaint was made) before , a justice of the peace
in and for the said district (or county, united counties, or as
the case may be), of , for that A. B. (&c., as in the sum-
mons); And whereas (I) the said justice of the peace then
issued (my) summons unto the said A. B., commanding him,
in Her Majesty's name, to be and appear on , at
&
2150
1886. Summary Convictions Act. Chap. 178.
9
o'clock in the (fore) moon, at , before (me) or such justice
or justjøes of the peace as should then be there, to answer
unto the said information (or complaint), and to be further
dealt with according to law ; And whereas the said A. B.
has neglected to be and appear at the time and place so
appointed in and by the said summons, although it has now
been proved to me upon oath that the said summons was
duly served upon the said A. B. : These are, therefore, to
command you, in Her Majesty's name, forth with to appre-
hend the said A. B. and to bring him before (me) or some
One or more justices of the peace in and for the said district
(or county, united counties, or as the case may be), to answer
to the said information (or complaint), and to be further
dealt with according to law.
Given under my hand and seal, this day of
in the year at , in the district (or
county, united counties, or as the case may be), aforesaid.
J. S. [L. S.]
(D.)
WARRANT IN THE FIRST INSTANCE.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of
Whereas information has this day been laid before the
undersigned, a justice of the peace in and for the said dis-
trict (or county, united counties, or as the case may be), of
for that A. B. (here state shortly the matter of informa-
tion); and oath being now made before me substantiating
the matter of such information : These are, therefore, to com-
mand you, in Her Majesty's name, forth with to apprehend
the said A. B. and to bring him before (me) or some one or
more justices of the peace in and for the said district (or
County, united counties, or as the case may be), to answer to
the said information, and to be further dealt with accord-
ing to law. ..
Given under my hand and seal, this day of , in
the year , at , in the district (county,
&c., as the case may be) aforesaid.
J. S [L. S.]
2151
Chap. 178. Summary Convictions Act. 49 Vict.
(E. 1.)
SUMMONS TO A WITNESS.
Canada.
Province of
district (or county,
united counties, or
as the case may be), \
Of
To E. F., of , in the said district (or county,
united counties, or as the case may be), of - e
Whereas information was laid (or complaint was made)
before , a justice of the peace in and for the said
district (or county, united counties, or as the case may be), of
, for that (&c., as in the summons), and it has been
made to appear to me upon (oath) that you are likely to give
material evidence on behalf of the prosecutor (or complain-
ant or defendant), in this behalf: These are, therefore, to
require you to be and appear on at
o'clock in the (fore) noon, at , before
me or such justice or justices of the peace for the said dis-
trict (or county, united counties, or as the case may be), as
shall then be there, to testify what you know concerning
the matter of the said information (or complaint).
Given under my hand and seal this day of }
in the year , at - , in the district
(or county, or as the case may be), aforesaid.
* J. S. [L. S.]
(E. 2.)
WARRANT WHERE A WITNESS HAS NOT OBEYED A SUMMONS.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables and other peace officers in
the said district (or county, united counties, or as the case
may be), of
Whereas information was laid (or complaint was made)
before , a justice of the peace in and for the
said district (or county, united counties, or as the case may
215.2
I886. Summary Convictions Act. Chap. 178.
31
º
be), of , for that (&c., as in the summons),
and it having been made to appear to (me) upon oath that
E. F., of in the said district (or county,
united counties, or as the case may be), (laborer) was likely
to give material evidence on behalf of the (prosecutor, or as
the case may be), (I) did duly issue (my) summons to the said
E. F., requiring him to be and appear on , at
o'clock in the (fore) moon of the same day,
at - , before me or such justice or justices of
the peace for the said district (or county, united counties,
or as the case may be), as should then be there, to testify to
what he knew concerning the said A. B., or the matter of
the said information (or complaint); And whereas proof has
this day been made before me, upon oath, of such summons
having been duly served upon the said E, F. ; And whereas
the said E. F. has neglected to appear at the time and place
appointed by the said summons, and no just excuse has
been offered for such neglect: These are, therefore, to com-
mand you to take the said E. F., and to bring and have him
O]] , at o'clock in the (fore)
moon, at r , before me or such justice or
justices of the peace for the district (or county, united coun-
ties, or as the case may be), as shall then be there, to testify
what he knows concerning the said information (or com-
plaint).
Given under (my) hand and seal this day of
in the year , at in the district
(or county, or as the case may be), aforesaid.
J. S. [L. S.]
(E. 3.)
WARRANT FOR, A WITNESS IN THE FIRST INSTANCE,
Canada. \
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case
may be), of
Whereas information was laid (or complaint was made)
before the undersigned , a justice of the
peace in and for the said district (or county, united coun-
ties, or as the case may be), of for that (&c.,
as in the summons), and it being made to appear before me
2153
Chap. 178. Summary Convictions Act. 49 WICT.
upon oath, that E. F., of , (laborer),
is likely to give material evidence on behalf of the (prose-
cutor, or as the case may be), in this matter, and it is probable
that the said E. F. will not attend to give evidence without
being compelled so to do : These are, therefore, to command
you to bring and have the said E. F., on , at
o'clock in the (fore) moon, at , before me
or such other justice or justices of the peace, for the district
(or county, united counties, or as the case may be), as shall
then be there, to testify what he knows concerning the
matter of the said information (or complaint). -
Given under (my) hand and seal this day of 9.
in the year , at * , in the district
(or county, or as the case may be), aforesaid.
J. S. [L. S.]
(E. 4.)
COMMITMENT OF A WITNESS FOR REFUSING TO BE SWORN
OR GIVE EVIDENCE.
Canada.
Province of
district (or county,
united counties or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case
may be), of and to the keeper of the common gaol of
the said district (or county, united counties, or as the
case may be), at
Whereas information was laid (or complaint was made)
before (me) , a justice of the peace, in and for the said
district (or county, united counties, or as the case may be), of
, for that (&c., as in the summons), and one E. F.,
now appearing before me, such justice as aforesaid, on 2
at , and being required by me to make oath (or
affirmation) as a witness in that behalf, refuses so to do [or
being now here duly sworn as a witness in the matter of
the said information (or complaint) refuses to answer eer-
tain questions concerning the premises which are now here
put to him, and more particularly the following question
here insert the ea act words of the question], without offering
any just excuse for such his refusal : These are, therefore, to
command you, or any one of the said constables or peace
officers, to take the said E. F., and him safely to convey to
the common gaol at aforesaid, and there deliver
him to the said keeper thereof, together with this precept ;
215.4
1886. Summary Convictions Act. Chap. 178.
33
And I do hereby command you, the said keeper of the said
common gaol, to receive the said E. F. into your custody in
the said common gaol and there imprison him for such his
contempt for the term of sº days, unless he
shall in the meantime consent to be examined and to answer
concerning the premises, and for so doing this shall be your
sufficient warrant. -
Given under (my) hand and seal, this day of
in the year , at , in the district (or
county, or as the case may be), aforesaid.
J. S. [L. S.]
(F)
WARRANT TO REMAND A DEFENDANT WIFIEN APPREHENDED.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables, or other peace officers in the
said district (or county, united counties, or as the case may
be), of , and to the keeper of the common gaol (or
lock-up house) at
Whereas information was laid (or complaint was made)
before , a justice of the peace in and for the
district (or county, united counties, or as the case may be), of
- , for that (&c., as in the summons or warrant); And
whereas the said A. B. has been apprehended, under and by
virtue of a warrant, upon such information (or complaint),
and is now brought before me as such justice as aforesaid :
These are, therefore, to command you, or any one of the said
constables or peace officers, in Her Majesty's name, forth-
with to convey the said A. B. to the common gaol (or lock-
up house) at , and there to deliver him to the said
keeper thereof, together with this precept; And I do hereby
command you, the said keeper, to receive the said A. B. into
your custody in the said common gaol (or lock-up house),
and there safely keep him until Inext, the
day of (instant), when you are hereby commanded
to convey and have him at , at o'clock in the
noon of the same day, before me, or such justice or
justices of the peace for the said district (or county, united
counties, or as the case may be), as shall then be there, to
answer to the said information (or complaint), and to be
further dealt with according to law.
215.5
34
Chap. 178. Summary Convictions Act. 49 Vict.
Given under (my) hand and seal, this day of
in the year \ , at , in the district (or
county, or as the case may be), aforesaid.
J. S. [L. S.]
sºmeºmºmºmºs ºsmº
(G.)
WARRANT OF COMMITMENT FOR SAFE CUSTODY DURING AN
AIDJOURNIMENT OF THE HEARING.
Canada.
Province of r
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or peace officers in the dis-
trict (or county, united counties, or as the case may be), of
, and to the keeper of the common gaol (or lock-up
house) at
Whereas on last past, information was
laid (or complaint made) before , a justice of
the peace in and for the said district (or county, united
counties, or as the case may be), of , for that (&c.; as
in the summons); And whereas the hearing of the same is
adjourned to the Of (instant) at
o'clock in the (fore) noon, at , and it is
necessary that the said A.B. should, in the meantime, be
kept in safe custody : These are, therefore, to command you,
or any one of the said constables or peace officers, in Her
Majesty's name, forthwith to convey the said A.B. to the
common gaol (or lock-up house), at , and there
deliver him into the custody of the keeper thereof, together
with this precept; And I do hereby require you, the said
keeper, to receive the said A.B. into your custody in the
said common gaol (or lock-up house), and there safely keep
him until the day of , (instant) when
you are hereby required to convey and have him, the said
A.B., at the time and place to which the said hearing is so
adjourned as aforesaid, before such justices of the peace for
the said district (or county, united counties, or as the case may
be), as shall then be there, to answer further to the said in-
formation (or complaint), and to be further dealt with accord-
ing to law.
Given under my hand and seal, this day of y
in the year , at , in the district (or county,
&c., as the case may be) aforesaid.
J. S. [L.S.]
2156
1886. Summary Convictions Act. Chap. 178. 35
(H.)
RECOGNIZANCE FOR THE APPEARANCE OF THE DEFENDANT
WHEN THE CASE IS ADJOURNED, OR NOT AT ONCE PRO-
CEEDED WITH.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
Of
Be it remembered, that on , A. B.
(laborer), and L. M., of (grocer), and O. P. of
(yeoman), personally came and appeared before the under-
signed, , a justice of the peace in and for the
said district (or county, united counties, or as the case may
be) of , and severally acknowledged
themselves to owe to our Sovereign Lady the Queen the
several sums following, that is to say: the said A. B., the
sum of , and the said L. M. and O. P. the sum
of , each, of good and lawful current money of
Canada, to be made and levied of their several goods and
chattels, lands and tenements respectively, to the use of our
said Lady the Queen, her heirs and successors, if he, the said
A. B., fails in the condition indorsed (or hereunder written).
Taken and acknowledged the day and year first above
mentioned at before me.
J. S. [L. S.]
The condition of the within (or the above) written recog-
mizance is such that if the said A. B. personally appears on
the day of , (instant) at o'clock in the
(fore) moon, at , before me or such justices of
the peace for the said district (or county, united counties,
or as the case may be), as shall then be there, to answer
further to the information (or complaint) of C. D., exhibited
against the said A. B., and to be further dealt with accord-
ing to law, then the said recognizance to be void, otherwise
to remain in full force and virtue. -
NOTICE OF SUCH IRECOGNIZANCE TO BE GIVEN TO THE
DEFENDANT AND HIS SURETIES.
Take notice that you, A. B., are bound in the sum of
, and you, L. M. and O. P., in the sum of
each, that you A. B., appear personally on at
o'clock in the (fore) noon at , before me or such
justice of the peace for the district (or county, united coun-
ties, or as the case may be), of * , as shall then be
there, to answer further to a certain information (or com-
2157
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ºptºtleg)
‘JNGIWNOSIQIdINI X8 ‘SSGI’IJSICI LN'HIOI, IHſn's HO IIIſ) WAGICI NI
CINV ‘SSH?ILSICI X&I (IHIA'H'I 318 OL XLTVNGId W HOH NOILOIANOO
(I ſ]
|'S "I] 'S ſº
pub pa.[puſhū 1U5 ſe
putsmoul outo Jo Kup SIU[] polº (I
‘UIoun put no Å uo
papaal aq. UTIAUTIOJ IIIAA ‘sailorms Inok se 'd 'O put W. "I
Āq put “g W ‘no Å Kq Oluſ potolue oottºzjuáoool out ‘ĀlāU
-piodou Igodde noA ssoſun pub tooed put outſ] pſes out on
patrºnoſpº St. A Uſoſu A Jo 5UTIbou Iaul Inj out “CI ‘O Jo (ºuſtºd
gº- 89 IC,
1886. Summary Convictions Act. Chap. 178.
37
* Or when the issuing of a distress warrant would be ruin-
ous to the defendant or his family, or it appears he has no
goods whereon to levy a distress, then instead of the words
between the asterisks º * say, “inasmuch as it is now made
to appear to me that the issuing of a warrant of distress in
this behalf would be ruinous to the said A. B. and his family,”
[or, “that the said A. B. has no goods or chattels whereon to
levy the said sums by distress”], I adjudge, &c., [as above,
to the end].
*
(J. 2.)
CONVICTION FOR A PENAITY, AND IN DEFAULT OF PAYMENT,
IMPRISONMENT.
Canada. \
Province of
district (or county,
united counties, or
as the case may be),
of e
Be it remembered, that on the day of s:
in the year , at , in the said district
(or county, united counties, or as the case may be), A. B. is con-
victed before the undersigned, a justice of the peace
for the said district (or county, united counties, or as the case
"may be), for that he the said A. B. (&c., stating the offence, and
the time and place when and where it was rommitted), and I
adjudge the said A. B. for his said offence to forfeit and pay
the sum of (stating the penalty and the compensation,
ãf any), to be paid and applied according to law ; and also
to pay to the said C. D. the sum of for his costs in
this behalf; and if the said several sums are not paid forth-
with (or, on or before next), I adjudge the said A. B.
to be imprisoned in the common gaol of the said district
(or county, united counties, or as the case may be), at *
in the said district (or county) of (and there to be
kept at hard labor) for the term of , unless the
said suins and the costs and charges of conveying the said
A. B. to the said common gaol are sooner paid.
Given under (my) hand and seal, the day and year first
above mentioned, at in the district (or county,
tunited counties, or as the case may be), aforesaid.
J. S. [L.S.]
21.59
38
Chap. 178. Summary Convictions Act. 49 WICT.
(J. 3.)
CON VICTION WI-IEN THE PUNISHMENT IS BY IMIPRISON-
MENT, ETC.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of tº
Be it remembered, that on the day of 2
in the year , in the said district (or county,
united counties, or as the case may be), A. B. is convicted
before the undersigned, , a justice of the peace
in and for the said district (or county, united counties, or
as the case may be), for that he the said A. B. (&c., stating the
offence, and the time and place when and where it was com-
mitted); and I adjudge the said A. B. for his said offence to
be imprisoned in the common gaol of the said district (or
county, united counties, or as the case may be), at 2
in the county of (and there to be kept at hard
labor) for the term of ; and I also adjudge the
said A. B. to pay to the said C. D. the sum of 2
for his costs in this behalf, and if the said sum for costs are
not paid forthwith (or on or before next,) then *
I order that the said sum be levied by distress and sale of
the goods and chattels of the said A. B. ; and in default of
sufficient distress in that behalf, * I adjudge the said A. B.
to be imprisoned in the said common gaol (and kept there
at hard labor) for the term of , to Commence at
and from the term of his imprisonment aforesaid, unless th
said sum for costs is sooner paid. *
Given under (my) hand and seal, the day and year first
above mentioned at , in the district (or county,
united counties, or as the case may be), aforesaid.
J. S. (L.S.]
* Or, when the issuing of a distress warrant would be ruin-
ous to the defendant and his family, or it appears that he has
no goods whereon to levy a distress, then, instead of the words
between the asterisks & # say, “inasmuch as it is now made
to appear to me that the issuing of a warrant of distress in
this behalf would be ruinous to the said A. B. and his
family,” (or, “that the said A. B. has no goods or chattels
whereon to levy the said sum for costs by distress") I
adjudge, &c.
2160
T886. $ Summary Convictions Act. Chap. 178.
39
-- (K. 1.)
or DER FOR PAYMENT OF MONEY TO BE LEVIED BY DISTRESS,
AND IN DEFAULT OF DISTRESS, IMPRISONMENT.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
Be it remembered, that on , complaint was made
before the undersigned, , a justice of the peace
in and for the said district (or county, united counties, or
as the case may be), of , for that (stating the facts
entitling the complainant to the Order, with the time and place
when and where they occurred), and now at this day, to wit,
O]] , at , the parties aforesaid appear
before me the said justice (or, the said C. D. appears before
me the said justice, but the said A. B., although duly called,
does not appear by himself, his counsel or attorney, and it
is now satisfactorily proved to me on oath that the said A. B.
was duly served with the summons in this behalf, which
required him to be and appear here on this day before me or
such justice or justices of the peace for the district (or county,
united counties, or as the case may be), as should now be
here, to answer the said complaint, and to be further dealt
with according to law); and now having heard the matter
of the said complaint, I do adjudge the said A. B. to pay to
the said C. D. the sum of forth with (or on or before
next, or as the Act or law requires), and also to pay
to the said C. D. the sum of for his costs in this
behalf; and if the said several sums are not paid forthwith
(or on or before next), then, % I hereby order that
the same be levied by distress and sale of the goods and
chattels of the said A. B., and in default of sufficient distress
in that behalf, * I adjudge the said A. B. to be imprisoned
in the common gaol of the said district (or county, united
counties, or as the case may be), at , in the said district
(or county) of , (and there kept at hard labor) for
the term of , unless the said several sums, and all
costs and charges of the said distress (and the commitment
and conveyance of the said A. B. to the said common gaol)
are sooner paid.
Given under (my) hand and seal, this day of
in the year , at in the district (or county, or
as the case may be), aforesaid.
* J. S. (L.S.]
*Or, when the issuing of a distress warrant would be ruinous
to the defendant and his family, or it appears he has no goods
whereon to levy a distress, then, instead of the words between
the asterisks & 36 say, “inasmuch as it is now made to appear
2161
40 Chap. 178, Summary Convictions Act. 49 WICT. -
to me that the issuing of a warrant of distress in this behalf
would be ruinous to the said A. B. and his family,” (or,
“that the said A. B. has no goods or chattels whereon to levy
the said sums by distress").
(K. 2.)
ORDER FOR PAYMENT OF MONEY, AND IN DEFAULT OF
PAYMENT, IMPRISONMENT.
Canada.
Province of ~.
district (or county, -
united counties (or
as the case may be),
of
Be it remembered, that on , complaint was made
before the undersigned, a justice of the peace
in and for the said district (or county, united counties, or
as the case may be) of - , for that (stating the facts
entitling the complainant to the order, with the time and place
when and where they occurred), and now on this day, to wit,
O]]. , at , the parties aforesaid appear
before me the said justice (or the said C. D. appears before
me the said justice, but the said A. B., although duly called,
does not appear by himself, his counsel or attorney, and it
is now satisfactorily proved to me upon oath that the said
A. B. was duly served with the summons in this behalf,
which required him to be and appear here this day before
me, or such justice or justices of the peace for the said district
(or county, united counties, or as the case may be), as should
now be here, to answer to the said complaint, and to be
further dealt with according to law), and now having heard
the matter of the said complaint, I do adjudge the said A.B.
to pay to the said C. D. the sum of forth with
(or on or before next, or as the Act or law
requires), and also to pay to the said C.D. the sum of
for his costs in this behalf; and iſ the said several sums are
not paid forthwith (or on or before next),
then I adjudge the said A. B. to be imprisoned in the com-
mon gaol of the said district (or county, united counties, or
as the case may be), at , in the said district
(or county) of (there to be kept at hard labor
tf the Act or law authorizes this) for the term of
unless the said several sums (and costs and charges of com-
mitment and conveying the said A. B. to the said common
gaol) are sooner paid.
Given under (my) hand and seal this day of 7
in the year , at , in the district (or county,
united counties, or as the case may be), aforesaid.
J. S. [L.S.]
2162
1886. Summary Convictions Act. Chap. 178.
4t
(K. 3.)
ORDER FOR ANY OTHER MATTER WHERE THE DISOBEYING
OF IT IS PUNISHABI,E WITH IMPRISONMENT.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
Be it remembered, that on , complaint was made
before the undersigned, a justice of the peace in and
for the said district (or county, united counties, or as the case
may be), of , for that (stating the facts entitling the com-
plainant to the order, with the time and place where and when
they occurred); and now on this day, to wit, on , at
, the parties aforesaid appear before me the said jus-
tice (or the said G.D. appears before me the said justice, but
the said A.B., although duly called, does not appear by
himself, his counsel or attorney, and it is now satisfactorily
proved to me, upon oath, that the said A.B. was duly served
with the summons in this behalf, which required him to
be and appear here this day before me, or such justice or
justices of the peace for the said district (or county, united
counties, or as the case may be), as should now be here, to
answer to the said complaint, and to be further dealt with
according to law); and now having heard the matter of the
said complaint, I do adjudge the said A.B. to (here state the
matter required to be done), and if, upon a copy of the minute
of this order being served upon the said A.B., either person-
ally or by leaving the same for him at his last or most usual
place of abode, he neglects or refuses to obey the same, in
that case I adjudge the said A.B., for such his disobedience,
to be imprisoned in the common gaol of the said district (or
county, united counties, or as the case may be), at 2
in the said county of (there to be kept at hard
labor, if the statute authorizes this), for the term of 2
unless the said order is sooner obeyed, and I do also adjudge
the said A.B. to pay to the said C.D. the sum of y
for his costs in this behalf, and if the said sum for costs is
not paid forthwith (or on or before next), I order
the same to be levied by distress and sale of the goods and
chattels of the said A.B., and in default of sufficient distress
in that behalf, I adjudge the said A.B. to be imprisoned in
the said common gaol (there to be kept at hard labor) for
the space of , to commence at and from the
termination of his imprisonment aforesaid, unless the said
sum for costs is sooner paid.
Given under (my) hand and seal, this day of , in
the year , at , in the district (or county, united
counties, or as the case may be), aforesaid.
J. S. [L.S.]
58% 2163
42
Chap. 178. Summary Convictions Act 49 WICT.
(L.)
, FORM OF ORDER OF DISMISSAL OF AN INFORMATION OR,
COMPLAINT.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of ſº
Be it remembered, that on , information was laid
(or complaint was made) before the undersigned, 8, .
justice of the peace in and for the said district (or county,
united counties, or as the case may be), of , for that
(&c., as in the summons of the defendant) and now at this day,
to wit, on - , at , (if at any adjournment
insert here : “to which day the hearing of this case was duly
adjourned, of which the said C.D. had due notice”), both
the said parties appear before me in order that I should
hear and determine the said information (or complaint) (or
the said A.B. appears before me, but the said C.D., although
duly called, does not appear); [whereupon the matter of the
said information (or complaint) being by me duly considered,
it manifestly appears to me that the said information (or
complaint) is not proved, and] (if the informant (or complain-
ant) does not appear, these words may be omitted), I do therefore
dismiss the same, and do adjudge that the said C.D. do pay
to the said A.B. the sum of , for his costs incurred
by him in defence in his behalf; and if the said sum for
costs is not paid forth with (or on or before ),
I order that the same be levied by distress and sale of the
goods and chattels of the said C.D., and in default of suffi-
cient distress in that behalf, I adjudge the said C.D. to
be imprisoned in the common gaol of the said district (or
county, united counties, or as the case may be), of y-
at , in the said (county) of (and
there kept at hard labor) for the term of , unless
the said sum for costs, and all costs and charges of the said
distress (and of the commitment and conveying of the said
C.D. to the said common gaol) are sooner paid.
Given under my hand and seal, this day of 7.
in the year , at , in the district (or county,
united counties, or as the case may be), aforesaid.
J. S. (L.S.]
2164
1886. Summary Convictions Act. Chap. 178.
48
(M.)
FORM OF CERTIFICATE OF DISMISSAL.
I hereby certify that an information (or complaint) pre-
ferred by C.D. against A.B. for that (&c., as in the summons)
was this day considered by me, a justice of the peace in
and for the said district (or county, united counties, or as
the º may be), of , and was by me dismissed (with
costs). -
Dated this day of , one thousand
º J. S.
(N. 1.)
f
WARRANT OF DISTRESS UPON A CONVICTION FOR A PENALTY.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of
Whereas A.B., late of (laborer) was on this day
(or on last past) duly convicted before
a justice of the peace, in and for the said district (or county,
united counties, or as the case may be), of - , for
that (stating the offence, as in the conviction), and it was
thereby adjudged that the said A.B. should for such his
offence, forfeit and pay (&c., as in the conviction), and should
also pay to the said C.D. the sum of , for his
costs in that behalf; and it was thereby ordered that if the
said several sums were not paid (forthwith) the same should
be levied by distress and sale of the goods and chattels of
the said A.B., and it was thereby also adjudged that the said
A.B., in default of sufficient distress, should be imprisoned
in the common gaol of the said district (or county, united
counties, or as the case may be), at , in the said
county of (and there kept at hard labor) for
the space of - , unless the said several sums and
all costs and charges of the said distress, and of the com-
mitment and conveying of the said A.B. to the said common
gaol were sooner paid; *And whereas the said A.B., being
so convicted as aforesaid, and being (now) required to pay
the said sums of • and - has not paid
the same or any part thereof, but therein has made default:
5.83% . * 2165
-44
Chap. 178. Summary Convictions Act. 49 WICT.
These are, therefore, to command you, in Her Majesty's name,
forth with to make distress of the goods and chattels of the
said A.B.; and if within days next after the
making of such distress, the said sums, together with the
reasonable charges of taking and keeping the distress, are
not paid, then to sell the said goods and chattels so by you
distrained, and to pay the money arising from such sale unto
me (the convicting justice, or one of the convicting justices)
that I may pay and apply the same as by law directed, and
may render the overplus, if any, on demand, to the said
A.B.; and if no such distress is found, then to certify the
same unto me, that such further proceedings may be had
thereon as to law appertain.
Given under my hand and seal, this day of
in the year , at , in the district (or
county, or as the case may be), aforesaid.
J. S. (L.S.]
(N. 2.)
YWARRANT OF DISTRESS UPON AN ORDER FOR THE PAYMENT
OF MONEY. e
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers, in the
said district (or county, united counties, or as the case may
be), of - -
Whereas on , last past, a complaint was made
before , a justice of the peace in and for the said
district (or county, united counties, or as the case may be),
for that (&c., as in the order), and afterwards, to wit, on
, at , the said parties appeared before
(as in the order), and thereupon the matter of the
said complaint having been considered, the said A.B. was
adjudged (to pay to the said C. D. the sum of , Oll
or before then next), and also to pay to the said
C.D. the sum of , for his costs in that behalf; and
it was ordered that if the said several sums were not paid
on or before the said then next, the same should
be levied by distress and sale of the goods and chattels of
the said A.B.; and it was adjudged that in default of suffi-
cient distress in that behalf, the said A.B. should be im-
prisoned in the common gaol of the said district (or county,
united counties, or as the case may be), at , lll
2166
1886. Summary Convictions Act. Chap. 178.
45
the said county of (and there kept at hard labor)
for the term of , unless the said several sums
and all costs and charges of the distress (and of the commit-
ment and conveying of the said A.B. to the said common
gaol) were sooner paid ; *And whereas the time in and by
the said order appointed for the payment of the said several
sums of , and has elapsed, but the said
A. B. has not paid the same, or any part thereof, but therein
has made default: These are, therefore, to command you, in
Her Majesty's name, forthwith to make distress of the goods
and chattels of the said A. B. ; and if within the space of
days after the making of such distress, the said
last mentioned sums, together with the reasonable charges
of taking and keeping the said distress, are not paid, then
to sell the said goods and chattels so by you distrained, and
to pay the money arising from such sale unto me (or some
other of the convicting justices, as the case may be), that I (or
he) may pay and apply the same as by law directed, and
may render the overplus, if any, on demand to the said A. B. ;
and if no such distress can be found, then to certify the same
unto me, to the end that such proceedings may be had
therein, as to law appertain.
Given under my hand and seal, this day of . ,
in the year , at , in the district (or
county, or as the case may be), aforesaid.
| J. S. [L. S.]
- (N. 3.)
INDORSEMENT IN BACKING A WARRANT OF DISTRESS.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of e
Whereas proof upon oath has this day been made before me
, a justice of the peace in and for the said district (or
county, united counties, or as the case may be), that the name
of J. S. to the within warrant subscribed, is of the hand-
Writing of the justice of the peace within mentioned, I do
therefore authorize U. T., who brings me this warrant, and
all other persons to whom this warrant was originally
directed, or by whom the same may be lawfully executed,
and also all constables and other peace officers in the said
district (or county, united counties, or as the case may be), of
to execute the same within the said district (or
county, united counties, or as the case may be).
Given under my hand, this day of , One
thousand eight hundred and ſº
O. K.
2167
46
Chap. 178. Summary Convictions Act. 49 WICT.
(N. 4.)
CONSTABLE'S RETURN TO A WARRANT OF DISTRESS.
I, W. T., constable of , in the district (or
county, united counties, or as the case may be), of
hereby certify to J. S., Esquire, a justice of the peace in and
for the district (or county, united counties, or as the case
may be), of , that by virtue of this warrant I have
made diligent search for the goods and chattels of the within
mentioned A. B., and that I can find no sufficient goods or
chattels of the said A. B. whereon to levy the sums within
mentioned. -
Witness my hand, this day of , one thou-
sand eight hundred and -
W. T.
*=====e
- (N. 5.
WARRANT OF COMMITMENT FOR WANT of DISTRESs.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables, or other peace officers in
the district (or county, united counties, or as the case may
be), of , and to the keeper of the common gaol
of the said district (or county, united counties, or as the
case may be), of , at , in the said district
(or county) of - -
Whereas (&c., as in either of the foregoing distress war-
rants, N1, N2, to the asterisk,” and then thus): And whereas,
afterwards on the day of , in the year
aforesaid, I, the said justice, issued a warrant to all or any
of the constables or other peace officers of the district (or
county, united counties, or as the case may be), of . ,
commanding them, or any of them, to levy the said sums of
and by distress and sale of the goods and
chattels of the said A. B. ; And whereas it appears to me,
as well by the return of the said warrant of distress, by the
constable who had the execution of the same, as otherwise,
that the said constable has made diligent search for the
goods and chattels of the said A. B., but that no sufficient
distress whereon to levy the sums above mentioned could
be found: These are, therefore, to command you, the said
constables or peace officers, or any one of you, to take the
said A. B., and him safely to convey to the common gaol at
2168
1886. Summary Convictions Act. Chap. 178.
47.
aforesaid, and there deliver him to the said
keeper, together with this precept: And I do hereby com-
mand you, the said keeper of the said common gaol, to re-
ceive the said A. B. into your custody, in the said common
gaol, there to imprison him (and keep him at hard labor) for
the term of , unless the said several sums, and all
the costs and charges of the said distress (and of the com-
mitment and conveying of the said A. B. to the said common
gaol) amounting to the further sum of , are SOOmer
paid unto you, the said keeper; and for so doing this shall
be your sufficient warrant.
Given under my hand and seal, this day of ,
in the year , at . , in the district (or county,
united counties, or as the case may be), aforesaid.
J. S. [L. S.]
(O. 1.)
WARRANT OF COMMITMENT UPON A CON VICTION FOR. A.
PENALTY IN THE FIRST INSTANCE.
Canada.
Province of
district (or county
united counties, or
as the case may be),
Of e
To all or any of the constables and other peace officers in
the said district (or county, united counties, or as the
case may be), of , and to the keeper of the common
gaol of the said district (or county, united counties, or as
the case may be), of , at , in the said
district (or county) of s
Whereas A. B., late of (laborer), was on this day
convicted before the undersigned , a justice of the
peace in and for the said district (or county, united counties,
or as the case may be), for that (stating the offence, as in the con-
viction), and it was thereby adjudged that the said A. B., for
his offence, should forfeit and pay the sum of
(&c., as in the conviction), and should pay to the said C. D.
the sum of , for his costs in that behalf; and it was
thereby further adjudged that if the said several sums we e
not paid (forthwith) the said A. B. should be imprisoned in
the common gaol of the said district (or county, united
counties, or as the case may be), at , in the said
district (or county) of (and there kept at hard labor)
for the term of , unless the said several sums (and
the costs and charges of conveying the said A. B. to the
said common gaol) were sooner paid ; And whereas the
time in and by the said conviction appointed for the pay-
ment of the said several sums has elapsed, but the said
2169
48
Chap. 178. Summary Convictions Act. 49 WICT.
A. B. has not paid the same, or any part thereof, but therein.
has made default: These are, therefore, to command you, the
said constables or peace officers, or any one of you, to take
the said A. B., and him safely to convey to the common
gaol at aforesaid, and there to deliver him to the
said keeper thereof, together with this precept: And I do.
bereby command you, the said keeper of the said common
gaol, to receive the said A. B. into your custody in the said
common gaol, there to imprison him (and keep him at hard
labor) for the term of , unless the said
several sums (and costs and charges of carrying him to the
said common gaol, amounting to the further sum of .
), are sooner paid unto you, the said keeper; and for
your so doing, this shall be your sufficient warrant.
Given under (my) hand and seal, this day of ,
in the year , at , in the district
or county, united counties or as the case may be), aforesaid.
J. S. [I. S.]
(O. 2.)
WARRANT OF COMAIITMENT ON AN ORDER IN THE FIRST
INSTANCE.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables and other peace officers in
the said district (or county, united counties, or as the case
may be), of , and to the keeper of the common gaol
of the district (or county, united counties, or as the case:
Thay be), of , at , in the said district (or county)
of -
Whereas, on last past, complaint was made before
the undersigned , a justice of the peace in and for the
said district (or county, united counties, or as the case may be),
of , for that (&c., as in the order), and afterwards, to
wit, on the day of , at , the parties
appeared before me, the said justice (or as it is in the order),
and thereupon having considered the matter of the com-
plaint, I adjudged the said A. B. to pay the said C. D. the
sum of , on or before the day of then
next, and also to pay to the said C. D. the sum of , for
his costs in that behalf; and I also thereby adjudged that
if the said several sums were not paid on or before the
day of then next, the said A. B. should be.
imprisoned in the common gaol of the district (or county,
united counties, or as the case º be), of , at , in
2170
1886. Summary Convictions Act. Chap. 178.
49
the said county of (and there be kept at hard labor)
for the term of , unless the said several sums (and the
costs and charges of conveying the said A.B. to the said
Common gaol, as the case may be) were sooner paid ; And
whereas the time in and by the said order appointed for
the payment of the said several sums of money has elapsed,
but the said A.B. has not paid the same, or any part thereof,
but therein has made default: These are, therefore, to com-
mand you, the said constables and peace officers, or any of
you, to take the said A.B. and him safely to convey to the
said common gaol, at aforesaid, and there to deliver
him to the keeper thereof, together with this precept; And
I do hereby command you, the said keeper of the said com-
mon gaol, to receive the said A.B. into your custody in the
said common gaol, there to imprison him (and keep him at
hard labor) for the term of , unless the said several
sums (and the costs and charges of conveying him to the
said common gaol, amounting to the further sum of ),
are sooner paid unto you the said keeper; and for your so
doing, this shall be your sufficient warrant.
Given under my hand and seal, this day of y
in the year , at , in the district (or county, united
counties or as the case may be), aforesaid. -
J. S. (L.S.]
*ºssºms.
(P. 1.)
WARRANT OF DISTRESS FOR COSTs UPON AN ORDER FOR
DISMISSAL OF AN INFORMATION OR COMPLAINT.
Canada
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of - :
Whereas on last past, information was laid (or
complaint was made) before a justice of the peace in
and for the said district (or county, united counties, or as the
case may be), of , for that (&c., as in the order of dismis-
sal) and afterwards, to wit, on at , both par-
ties appearing before , in order that (I) should hear
and determine the same, and the several proofs adduced to
(me) in that behalf, being by (me) duly heard and considered,
and it manifestly appearing to (me) that the said informa-
tion (or complaint) was not proved, (I) therefore dismissed
2171
50.
Chap. 178. Summary Convictions Act. 49 WICT.
the same and adjudged that the said C.D. should pay to the
said A.B. the sum of , for his costs incurred by him in
his defence in that behalf; and (I) ordered that if the said
sum for costs was not paid (forth with) the same should be
levied on the goods and chattels of the said C.D., and (I).
adjudged that in default of sufficient distress in that behalf
the said C.D. should be imprisoned in the common gaol of the
said district (or county, united counties, or as the case may
be), of , at , in the said district or county of
(and there kept at hard labor) for the space of , un-
less the said sum for costs, and all costs and charges of the
said distress, and of the commitment and conveying of the
said A.B. to the said common gaol, were sooner paid; *And
whereas the said C.D. being now required to pay to the said
A.B. the said sum for costs, has not paid the same, or any
part thereof, but therein has made default : These are, there-
fore, to command you, in Her Majesty's name, forth with to
make distress of the goods and chattels of the said C.D.,
and if within the term of days next after the making
of such distress, the said last mentioned sum, together with,
the reasonable charges of taking and keeping the said dis-
tress, shall not be paid, then to sell the said goods and
chattels so by you distrained, and to pay the money arising
from such sale to me (the justice who made such order or dis-
missal, as the case may be) that (I), may pay and apply the
same as by law directed, and may render the overplus (if
any) on demand to the said C.D., and if no distress can be
found, then to certify the same unto me (or to any other jus-
tice of the peace for the same district or county, united coun-
ties, or as the case may be), that such proceedings may be had
therein as to law appertain.
Given under my hand and seal, this day of . ,
in the year , at , in the district (or county, united
counties, or as the case may be), aforesaid. * -
J.S. (L.S.]
(P. 2.)
WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN
THE LAST CASE.
Canada.
Province of
district (or county, {
united counties, or
as the case may be),
of º r
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of , and to the keeper of the common gaol of
the said district (or county, united counties, or as the case
may be), of , at , in the said district (or
county) of
2172
1886. Summary Convictions Act. Chap. 178.
51.
Whereas (&c., as in the last form, to the asterisk, * and then
thus): And whereas afterwards, on the day of
, in the year aforesaid, I, the said justice, issued
a warrant to all or any of the constables or other peace offi-
cers of the said district (or county, united counties, or as the
case may be), commanding them, or any one of them, to levy
the said sum of , for costs, by distress and sale of
the goods and chattels of the said C. D. : And whereas it
appears to me, as well by the return to the said warrant of
distress of the constable (or peace officer) charged with the
execution of the same, as otherwise, that the said constable
has made diligent search for the goods and chattels of the
said C.D., but that no sufficient distress whereon to levy the
sum above mentioned could be found: These are, therefore,
to command you, the said constables and peace officers, or
any one of you, to take the said C.D., and him safely convey
to the common gaol of the said district (or county, united
Counties, or as the case may be), at aforesaid, and
there deliver him to the keeper thereof, together with this
precept ; And I hereby command you, the said keeper of the
said common gaol, to receive the said C.D. into your cus-
tody in the said common gaol, there to imprison him (and
keep him at hard labor) for the term of - , unless
the said sum, and all the costs and charges of the said dis-
tress (and of the commitment and conveying of the said
C.D. to the said common gaol, amounting to the further sum
of . ), are sooner paid unto you the said keeper; and
for your so doing, this shall be your sufficient warrant. -
Given under my hand and seal, this day of
, in the year , at - , in the
district (or county, united counties, or as the case may be),
aforesaid.
- J. S. [L.S.]
-*-*-*
(Q.)
CERTIFICATE OF NON-APPEARANCE TO BE INDORSED ON THE
DEFENDANT'S RECOGNIZANCE.
. I hereby certify that the said A.B. has not appeared at the
time and place in the said condition mentioned, but therein
has made default, by reason whereof the within written
recognizance is forfeited.
* . J. S. [L. s.]
*-*-*. J. P.
(R.)
NOTICE OF APPEAL AGAINST A CONVICTION OR ORDER.
To C.D., of, &c., and (the names and additions of the
parties to whom the notice of appeal is required to be given)
Take notice, that I, the undersigned, A.B., of
intend to enter and prosecute an appeal at the next General
2173.
52
Chap. 178. Summary Convictions Act. 49 WICT.
Sessions of the Peace (or other court, as the case may be), to
be holden at , in and for the district (or county
united counties, or as the case may be), of , against a
certain conviction (or order) bearing date on or about the
day of , instant, and made by (you) C.D., Esquire,
a justice of the peace in and for the said district (or county,
united counties, or as the case may be), of , whereby I,
the said A.B. was convicted of having (or was ordered) to
pay , (here state the offence as in the conviction, informa-
tion, or summons, or the amount adjudged to be paid, as in the
order, as correctly as possible).
Dated this day of , one thousand eight
hundred and -
A. B.
MEMORANDUM.–If this notice is given by several defendants,
or by an attorney, it may be adapted to the case.
ºsºmsºmºsºs
(S.)
FORM OF RECOGNIZANCE TO TRY THE APPEAL.
Be it remembered, that on , A. B., of (laborer),
and L. M., of , (grocer), and N. O., of , (yeoman),
personally came before the undersigned , a justice of
the peace in and for the said district (or county, united coun-
ties, or as the case may be), of , and severally acknow-
ledged themselves to owe to our Sovereign Lady the Queen,
the several sums following, that is to say, the said A. B. the
sum of , and the said L. M. and N.O. the sum of
, each, of good and lawful money of Canada, to be
made and levied of their several goods and chattels, lands
and tenements respectively, to the use of our said Lady the
Queen, her heirs and successors, if he the said A. B. fails in
the condition indorsed (or hereunder written).
Taken and acknowledged the day and year first above
Imentioned at , before me. -
J. S.
The condition of the within (or the above) written recog-
nizance is such that if the said A. B. personally appears at
the (next) General Sessions of the Peace (or other court dis-
charging the functions of the court of General Sessions, as the
case may be), to be holden at , on the
day of next, in and for the said district (or county,
united counties, or as the case may be), of , and
tries an appeal against a certain conviction, bearing date the
day of instant, and made by (me) the said
justice, whereby he, the said A. B., was convicted, for that
he, the said A. B., did, on the day of , at the
2174
1886. - Summary convictions Act. Chap. 178.
53
township of , in the said district (or county, united
counties, or as the case may be), of , (here set out the
offence as stated in the conviction); and also abides by the
judgment of the court upon such appeal and pays such costs
as are by the court awarded, then the said recognizance to
be void, otherwise to remain in full force and virtue.
FORM OF NOTICE OF SUCH RECOGNIZANCE TO BE GIVEN TO
THE DEFENDANT (APPELLANT) AND HIs SURETIES.
Take notice, that you, A. B., are bound in the sum of }
and you L. M. and N. O. in the sum of , each, that
you the said A. B. will personally appear at the next General
Sessions of the Peace to be holden at , in and
for the said district (or county, united counties, or as the case
may be), of , and try an appeal against a con-
viction (or order) dated the day of
(instant) whereby you A. B. were convicted of (or ordered,
&c.), (stating offence or the subject of the order shortly), and
abide by the judgment of the court upon such appeal and
pay such costs as are by the court awarded, and unless you
the said A. B. personally appear and try such appeal and
abide by such judgment and pay such costs accordingly,
the recognizance entered into by you will forthwith be
levied on you, and each of you. - -
Dated this day of , one thousand eight
hundred and e
(T)
CERTIFICATE of CLERK OF THE PEACE THAT THE COSTS OF
AN APPEAT, ARE NOT PAID.
Office of the clerk of the peace for the district (or county,
united counties, or as the case may be), of g ©
Title of the Appeal.
I hereby certify, that at a court of General Sessions of
the Peace, (or other court discharging the functions of the Court
of General Sessions, as the case may be), holden at y
in and for the said district (or county, united counties, or as
the case may be), on last past, an appeal by A. B.
against a conviction (or order) of J. S., Esquire, a justice of
the peace in and for the said district (or county, united coun-
ties, or as the case may be), came on to be tried, and was
there heard and determined, and the said court of General
Sessions (or other court, as the case may be), thereupon ordered
that the said conviction (or order) should be confirmed (or
quashed), and that the said (appellant) should pay to the
said (respondent) the sum of , for his costs
incurred by him in the said appeal, and which sum was
thereby ordered to be paid to the clerk of the peace for the
- 2175 *
54
Chap. Fºš. . Summary Convictions Act. 49 WICT.
said district (or county, united counties, or as the case may
be), on or before the day of instant, to be
by him handed over to the said (respondent), and I further
certify that the said sum for costs has not, nor has any part
thereof, been paid in obedience to the said order.
Dated this day of , one thousand eight
hundred and º -
G. H.
Clerk of the Peace.
(U. 1.)
WARRANT OF DISTRESS FOR COSTs OF AN APPEAL AGAINST
A CONVICTION OR ORDER.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of e * -
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case
may be), of :
Whereas (&c., as in the warrants of distress, N 1, N2, ante,
and to the end of the statement of the conviction or order, and
then thus): And whereas the said A. B. appealed to the court
of General Sessions of the Peace (or other court discharging
the functions of the Court of General Sessions, as the case may
be), for the said district (or county, united counties, or as the
case may be), against the said conviction or order, in which
appeal the said A. B. was the appellant, and the said C. D.
(or J. S., Esquire, the justice of the peace who made the
said conviction or order) was the respondent, and which
said appeal came on to be tried and was heard and deter-
mined at the last General Sessions of the Peace (or other
court, as the case may be) for the said district (or county,
united counties, or as the case may be), holden at y
O]] ; and the said court thereupon ordered
that the said conviction (or order) should be confirmed (or
quashed) and that the said (appellant) should pay to the
said (respondent) the sum of , for his costs incurred
by him in the said appeal, which said sum was to be paid
to the clerk of the peace for the said district (or county,
united counties, or as the case may be), on or before the
day of , one thousand eight hundred
and , to be by him handed over to the said
C. D.; and whereas the clerk of the peace of the said district
(or county, united counties, or as the case may be), has, on
the day of instant, duly certified
that the said sum for costs had not been paid : * These are,
2176
1886. Summary Convictions Act. Chap. 178.
3:)
therefore, to command you, in Her Majesty's name, forth-
with to make distress of the goods and chattels of the said
A. B., and if, within the term of days next
after the making of such distress, the said last mentioned
sum, together with the reasonable charges of taking and
keeping the said distress, are not paid, then to sell the said
goods and chattels so by you distrained, and to pay the
money arising from such sale to the clerk of the peace for
the said district (or county, united counties, or as the case
may be), of , that he may pay and apply the same
as by law directed; and if no such distress can be found,
then to certify the same unto me or any other justice of the
peace for the same district (or county, united counties, or as
the case may be), that such proceedings may be had therein
as to law appertain. -
Given under my hand and seal, this day of y
in the year , at , in the district (or
county, or as the case may be), aforesaid.
O. K. (L.S.]
(U. 2.)
WARRANT OF COMMITMENT FOR WANT OF DISTRESS IN THE
- IIAST CASE.
Canada.
Province of
district (or county,
united counties, or
as the case may be),
of
To all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of , and to the keeper of the common gaol of the
said district (or county, united counties, or as the case
may be), of , at , in the said county of ;
Whereas (&c., as in the last form, to the asterisk,” and then
thus): And whereas, afterwards, on the day of 5
in the year aforesaid, I, the undersigned, issued a warrant
to all or any of the constables or other peace officers in the
said district (or county, united counties, or as the case may
be), of , commanding them, or any of them, to levy the
said sum of , for costs, by distress and sale of the
goods and chattels of the said A. B. ; And whereas it ap-
pears to me, as well by the return to the said warrant of
distress of the constable (or peace officer) who was charged
with the execution of the same, as otherwise, that the said
constable has made diligent search for the goods and chat-
tels of the said A. B., but that no sufficient distress whereon
to levy the said sum above 2177
mentioned could be found :
56
Chap. 178. Summary Convictions Act. 49 WICT.
These are, therefore, to command you, the said constables
or peace officers, or any one of you, to take the said A. B.,
and him safely to convey to the common gaol of the said
district, (or county, united counties, or as the case may be), of
at aforesaid, and there deliver him to the said
keeper thereof, together with this precept ; And I do hereby
command you, the said keeper of the said common gaol, to
receive the said A. B. into your custody in the said common
gaol, there to imprison him (and keep him at hard labor)
for the term of , unless the said sum and all costs
and charges of the said distress (and for the commitment
and conveying of the said A. B. to the said common gaol;
amounting to the further sum of ), are sooner paid
unto you, the said keeper; and for so doing this shall be
your sufficient warrant.
Given under my hand and seal, this day of }
in the year , at , in the district (or county,
united counties, or as the case may be), aforesaid.
J. N. (L.S.]
W.
RETURN of convictions made by me (or us, as the case may
be), during the quarter ending 18
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A. B., Convicting Justice,
Or
A. B. and C. D., Convicting Justices (as the case may be).
32-33 W., c. 31, s. 76 part and sch. part —33 W., c. 27, s. 4.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
CHAPTER 179.
An Act respecting Recognizances. A. D. 1886.
HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Any surety for any person charged with any indict- Surety may
able offence may, upon affidavit showing the grounds there- ...”
for, with a certified copy of the recognizance, obtain from a º
judge of a superior court or from a judge of a county court
having criminal jurisdiction, an order in writing under his
hand, to render such person to the common gaol of the county
where the offence is to be tried. 1 R. S. N. B., c. 157, s. 1.
2. The sureties, under such order, may arrest such person, Sureties may
and deliver him, with the order, to the gaoler named therein, “* *
who shall receive and imprison him in the said gaol, and
shall be charged with the keeping of such person until he
is discharged by due course of law. 1 R. S. N. B., c. 157, s. 2.
3. The person rendered may apply to a judge of a superior Application
court, or in cases in which a judge of a county court may ...:”
admit to bail, to a judge of a county court, to be again ad- e
mitted to bail, who may on examination allow or refuse the
same, and make such order as to the number of the Sureties
and the amount of recognizance as he deems meet,_which
order shall be dealt with in the same manner as the first
order for bail, and so on as often as the case requires. 1 R. S.
N. B., c. 157, s. 3.
4- On due proof of such render, and certificate of the Entry of such
sheriff, proved by the affidavit of a subscribing witness, that render.
such person has been so rendered, a judge of the superior
or county court, as the case may be, shall order an entry of
such render to be made on the recognizance by the officer
in charge thereof, which shall vacate the recognizance, and Effect of
may be pleaded or alleged in discharge thereof. 1 R. S. N. B., *y-
c. 157, S. 4. .
5- The sureties may bring the person charged as afore- Render in
said into the court at which he is bound to appear, during open 99".
the sitting thereof, and then, by leave of the court, render
him in discharge of such recognizance at any time before

59% 217.9
2 Chap. 179. Recognizances. 49 WICT.
trial, and such person shall be committed to gaol, there to
remain until discharged by due course of law; but such
court may admit such person to bail for his appearance at
any time it deems meet. 1 R. S. N. B., c. 157, s. 5.
Arraignment 6- The arraignment or conviction of any person charged
...” and bound as aforesaid, shall not discharge the recognizance,
charge recog- but the same shall be effectual for his appearance for trial
Ill Z8. Il Ce. or sentence, as the case may be ; and the court may commit
such person to gaol upon his arraignment or trial, or may
require new or additional sureties for his appearance for trial
or sentence, as the case may be, notwithstanding such recog-
nizance ; and such commitment shall be a discharge of the
sureties. 1 R. S. N. B., c. 157, s. 6.
Other rights 7. Nothing in the foregoing provisions shall limit or
** restrict any right which a surety now has of taking and
rendering to custody any person charged with any such
offence, and for whom he is such surety.
Fines, for- 8- Unless otherwise provided, all fines, issues, amerce-
;...". ments and forfeited recognizances, the disposal of which is
to be entered’ within the legislative authority of the Parliament of Canada,
*** set, imposed, lost or forfeited before any court of criminal
jurisdiction shall, within twenty-one days after the adjourn-
ment of such court be fairly entered and extracted on a roll
by the clerk of the court, or in case of his death or absence,
by any other person, under the direction of the judge who
presided at such court, which roll shall be made in dupli-
cate and signed by the clerk of the court, or in case of his
death or absence, by such judge :
With whom 2. If such court is a superior court of criminal jurisdic-
#"* tion, one of such rolls shall be filed with the clerk, protho-
notary, registrar or other proper officer,
(a) In the Province of Ontario, of a division of the High
Court of Justice,—
(b.) In the Provinces of Nova Scotia, New Brunswick and
British Columbia, of the Supreme Court of the Province,—
(c.) In the Province of Prince Edward Island, of the Su-
preme Court of Judicature of that Province,
(d.) In the Province of Manitoba, of the Court of Queen's
Bench of that Province and,-
(e.) In the North-West Territories, of the Supreme Court
of the said Territories,
Time for On or before the first day of the term next succeeding
filing. the court by or before which such fines or forfeitures were
imposed or forfeited :
Copy with 3. If such court is a court of General Sessions of the Peace,
clerk of cer- e -
i."... or a county court, one of such rolls shall remain deposited
in the office of the clerk of such court. C. S. U. C., c. 117,
SS. 1 and 2, part, 3 and 4, part ;—49 W., c. 25, s. 14.
2180
1886. Recognizances. Chap. 179.
3
9- The other of such rolls shall, as soon as the same is pre-
pared, be sent by the clerk of the court making the same, or ;
in case of his death or absence, by such judge as aforesaid,
with a writ of fieri facias and capias, according to the form
in the schedule to this Act, to the sheriff of the county in
and for which such court was holden ; and such writ shall
be authority to the sheriff for proceeding to the immediate
levying and recovering of such fines, issues, amercements
and forfeited recognizances, on the goods and chattels, lands
and tenements of the several persons named therein, or for
taking into custody the bodies of such persons respectively,
in case sufficient goods and chattels, lands or tenements
cannot be found, whereof the sums required can be made ;
and every person so taken shall be lodged in the common
gaol of the county, until satisfaction is made, or until the
court into which such writ is returnable, upon cause shown
by the party, as hereinafter mentioned, makes an order in
the case, and until such order has been fully complied with.
C. S. U. C., c. 117, ss. 2, part, 4, part, and 5.
10- If any person bound by recognizance for his appear-
ance (or for whose appearance any other person has become
so bound) to prosecute or give evidence in any case of felony
or misdemeanor, or to answer for any common assault, or to
articles of the peace, makes default, the officer of the court
by whom the estreats are made out, shall prepare a list in
writing, specifying the name of every person so making de-
fault, and the nature of the offence in respect of which such
person, or his surety, was so bound, together with the resi-
dence, trade, profession or calling of every such person and
Surety, -and shall, in such list, distinguish the principals
from the sureties, and shall state the cause, if known, why
each such person did not appear, and whether, by reason of
the non-appearance of such person, the ends of justice have
been defeated or delayed. C. S. C., c. 99, s. 120.
H1. Every such officer shall, before any such recognizance
is estreated, lay such list before the judge or one of the
judges who presided at the court, or if such court was not
presided over by a judge, before two justices of the peace
who attended at such court, and such judge or justices shall
examine such list, and make such order touching the estreat-
ing or putting in process any such recognizance as appears
just, subject, in the Province of Quebec, to the provisions
hereinafter contained; and no officer of any such court shall
estreat or put in process any such recognizance without the
written order of the judge or justices of the peace before
whom respectively such list has been laid. C. S. C., c. 99,
s. 121.
12. Except in the cases of persons bound by recognizance
for their appearance, or for whose appearance any other per-
Duplicate to
e tranS-
mitted to
Sheriff.
Powers of the
sheriff there-
under.
List of
estreats to be
prepared.
What the list
shall set forth.
To be sub-
mitted to the
judge.
No eStreat
without
order.
Court may
orbear es-
treating re-
59.3% 2181
4 Chap, 179. Recognizances. 49 WICT-
...in son has become bound to prosecute or give evidence in any
circum- case of felony or misdemeanor, or to answer for any common
StanceS. assault, or to articles of the peace, in every case of default
whereby a recognizance becomes forfeited, if the cause of
absence is made known to the court in which the person was
bound to appear, the court, on consideration of such cause,
and considering also, whether, by the non-appearance of such
person the ends of justice have been defeated or delayed, may
forbear to order the recognizance to be estreated; and, with
respect to all recognizances estreated, if it appears to the
satisfaction of the judge who presided at such court that the
absence of any person for whose appearance any recogni-
Zance was entered into, was owing to circumstances which
rendered such absence justifiable, such judge may make an
Order directing that the sum forfeited upon such estreated
recognizance shall not be levied. C. S. U. C., c. 117, s. 6, part.
º roll 13. The clerk of the court shall, for such purpose, before
ºgº sending to the sheriff any roll, with a writ of fieri facias
thereof. and capias, as directed by this Act, submit the same to the
judge who presided at the court, and such judge may make
a minute on the said roll and writ of any such forfeited
recognizances and fines as he thinks fit to direct not to be
levied ; and the sheriff shall observe the direction in such
minute written upon such roll and writ, or indorsed thereon,
and shall forbear accordingly to levy any such forfeited recog-
nizance or fine. C. S. U. C., c. 117, s. 7.
... 14. If upon any writ issued under this Act, the sheriff
are seized takes lands or tenements in execution, he, shall advertise
the same in like manner as he is required to do before the
sale of lands in execution in other cases ; and no sale shall
take place in less than twelve months from the time the
writ came to the hands of the sheriff. C. S. U. C., c. 117, s. 8.
§§ 15. The clerk of the court shall, at the foot of each roll
ºne oi." made out as herein directed, make and take an affidavit in
the following form, that is to say :—
“I, A. B. (describing his office), make oath that this roll is
“truly and carefully made up and examined, and that all
“fines, issues, amercements, recognizances and forfeitures
“ which were set, lost, imposed or forfeited, at or by the
“court therein mentioned, and which, in right and due
“course of law, ought to be levied and paid, are, to the best
“ of my knowledge and understanding, inserted in the said
“roll ; and that in the said roll are also contained and ex-
“ pressed all such fines as have been paid to or received by
“ me, either in court or otherwise, without any wilful dis-
“charge, omission, misnomer or defect whatsoever. So help
“me God;”
Which oath any justice of the peace for the county is
hereby authorized to administer. C. S. U. C., c. 117, s. 9.
- - 2182
1886. Recognizances. Chap. 179. 5
16- If any person on whose goods and chattels a sheriff, Rººse of a
bailiff or other officer is authorized to levy any such for jº,
feited recognizance, gives security to the said sheriff or other periº in
officer for his appearance at the return day mentioned in the custody.
writ, in the court into which such writ is returnable, then
and there to abide the decision of such court, and also to
pay such forfeited recognizance, or sum of money to be paid
in lieu or satisfaction thereof, together with all such expenses
as are adjudged and ordered by the court, such sheriff or
officer shall discharge such person out of custody; and if
such person does not appear in pursuance of his undertaking,
the court may forth with issue a writ of fieri facias and
capias against the surety or sureties of the person so bound
as aforesaid. C. S. U. C., c. 117, s. 10.
17. The court, into which any writ of fieri facias and capias, Forfeited re-
- : .. º - s º º COQ'Il 17,8,1] CeS
issued under this Act, is returnable, may inquire into the . .';
circumstances of the case, and may, in its discretion, order charged un-
the discharge of the whole of the forfeited recognizance, or ..."
sum of money paid or to be paid in lieu or satisfaction there- stances.
of, and make such order thereon as to such court appears
just; and such order shall accordingly be a discharge to the
sheriff, or to the party, according to the circumstances of the
case. C. S. U. C., c. 117, s. 11.
18. The sheriff, to whom any writ is directed under this Return of writ
Act, shall return the same on the day on which the same is "Y" "*
made returnable, and shall state, on the back of the roll
attached to such writ, what has been done in the execution
thereof; and such return shall be filed in the court into
which such return is made. C. S. U. C., c. 117, s. 12.
I9. A copy of such roll and return, certified by the clerk Copy of roll
of the court into which such return is made, shall be forth- º
with transmitted to the Minister of Finance and Receiver Finance.
General, with a minute thereon of any of the sums therein
mentioned, which have been remitted by order of the court,
in whole or in part, or directed to be forborne, under the
authority of this Act. C. S. U. C., c. 117, s. 13.
20. The sheriff or other officer shall, without delay, pay ºy
over all moneys collected under this Act by him, to the " " ".
Minister of Finance and Receiver General, or other person
entitled to receive the same. C. S. U. C., c. 117, s. 14.
QUEBEC.
21. The provisions of sections eight and nine and of ºr
twelve to nineteen, both inclusive, shall not apply to the §.
Province of Quebec, and the following provisions shall apply
to that Province only.
2183
6
Chap. 179. Recognizances. 49 WICT.
Forfeited re-
cognizances
in criminal
cases in
Quebec to be
estreated.
And certified
to Superior
Court.
Judgment for
the Crown to
be entered.
Execution to
issue on fiat
of Attorney
General.
Other modes
of recovery
not affected.
Proceedings
in such case.
22. Whenever default is made in the condition of any
recognizance lawfully entered into or taken in any criminal
case, proceeding or matter, in the Province of Quebec, within
the legislative authority of the Parliament of Canada, so
that the penal sum therein mentioned becomes forfeited and
due to the Crown, such recognizance shall thereupon be
estreated or withdrawn from any record or proceeding in
which it then is—or a certificate or minute of such recog-
nizance, under the seal of the court, shall be made from the
records of such court where the recognizance has been en-
tered into orally in open court :
2. Such recognizance, certificate or minute, as the case
may be, shall be transmitted by the court, recorder, justice
of the peace, magistrate or other functionary before whom
the cognizor, or the principal cognizor, where there is a
Surety or Sureties, was bound to appear, or to do that, by his
default to do which the condition of the recognizance is
broken, to the Superior Court in the district in which the
place where such default was made is included for civil pur-
poses, with the certificate of the court, recorder, justice of
the peace, magistrate or other functionary as aforesaid, of the
breach of the condition of such recognizance, of which and
of the forfeiture to the Crown of the penal sum therein men-
tioned, such certificate shall be conclusive evidence :
3. The date of the receipt of such recognizance or minute
and certificate by the prothonotary of the said court, shall
be indorsed thereon by him, and he shall enter judgment in
favor of the Crown against the cognizor for the penal sum
mentioned in such recognizance, and execution may issue
therefor after the same delay as in other cases, which shall
be reckoned from the time when the judgment is entered by
the prothonotary of the said court:
4. Such execution shall issue upon fiat or praecipe of the
Attorney General, or of any person thereunto authorized in
writing by him ; and the Crown shall be entitled to the
costs of execution and to costs on all proceedings in the case
Subsequent to execution, and to such costs for the entry of
the judgment, as are fixed by any tariff:
5. Nothing in this section contained shall prevent the
recovery of the sum forfeited by the breach of any recog-
nizance from being recovered by suit in the manner pro-
vided by law, whenever the same cannot, for any reason, be
recovered in the manner provided in this section :
6. In such case the sum forfeited by the non-performance
of the conditions of such recognizance shall be recoverable,
with costs, by action in any court having jurisdiction in civil
cases to the amount, at the suit of the Attorney General of
Canada or of Quebec, or other person or officer authorized to
sue for the Crown; and in any such action it shall be held
that the person suing for the Crown is duly empowered so
to do, and that the conditions of the recognizance were not
performed, and that the sum therein mentioned is, there-
21.84
I886. Recognizances. Chap. 179. 7
fore, due to the Crown, unless the defendant proves the con-
trary :
7. In this section, unless the context otherwise requires, Çognizor
the expression “cognizor" includes any number of cognizors"
in the same recognizance, whether as principals or Sureties.
C. S. L. C., c. 106, s. 2. -
28. When a person has been arrested in any district for Recogni.
a crime or offence committed within the limits of the Pro- . .”
vince of Quebec, and a justice of the peace has taken recog- have the
mizances from the witnesses heard before him or another #.”
justice of the peace, for their appearance at the next session where the
or term of the court of competent criminal jurisdiction, be- ***
fore which such person is to undergo his trial, there to tes-
tify and give evidence on such trial, and such recognizances
have been transmitted to the office of the clerk of such court,
the said court may preceed on the said recognizances in the
same manmer as if they had been taken in the district in
which such court is held. C. S. L. C., c. 106, s. 1.
SCHEDULE.
FORM.
Victoria, by the Grace of God, &c.
To the sheriff of , Greeting:
You are hereby commanded to levy of the goods and
chattels, lands and tenements, of all and singular, the per-
soms mentioned in the roll or extract to this writ annexed,
all and singular the debts and sums of money upon them
severally imposed and charged, as therein is specified; and
if any of the said several debts cannot be levied, by reason
that no goods or chattels, lands or tenements can be found
belonging to the said persons, respectively, then, and in all
such cases, that you take the bodies of such persons, and keep
them safely in the gaol of your county, there to abide the
judgment of our court (as the case may be) upon any matter
to be shown by them, respectively, or otherwise to remain
in your custody as aforesaid, until such debt is satisfied,
umless any of such persons respectively gives sufficient se-
curity for his appearance at the said court, on the return
day hereof, for which you will be held answerable ; and
what you do in the premises make appear before us in our
court (as the case may be), on the day of
term next, and have then and there this writ. Witness,
&c., A. B., clerk (as the case may be). C. S. U. C., c. 117, sch.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2.185
An Act respecting Fines and Forfeitures. A. D. 1886.
Hº Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows ...—
1- Whenever any pecuniary penalty or any forfeiture is Recovery of
imposed for any violation of any Act, and no other mode is ;...ther
prescribed for the recovery thereof, such penalty or for- mode is pre-
feiture shall be recoverable or enforceable, with costs, by *
civil action or proceeding at the suit of Her Majesty only,
or of any private party suing as well for Her Majesty as
for himself—in any form allowed in such case by the law of
that Province in which it is brought—before any court hav-
ing jurisdiction to the amount of the penalty in cases of
simple contract—upon the evidence of any one credible
witness other than the plaintiff or party interested; and if Appropria-
no other provision is made for the appropriation of any ".
penalty or forfeiture so recovered or enforced, one moiety
shall belong to Her Majesty, and the other moiety shall be-
long to the private party suing for the same, if any, and if
there is none, the whole shall belong to Her Majesty. 31 W.,
c. 1, s. 7, part.
2- Whenever no other provision is made by any law of º
Canada for the application of any fine, penalty or forfeiture tº:
imposed for the violation of any such law, the same shall
belong to the Crown for the public uses of Canada. 49 W.,
c. 48, s. 1.
3. The Governor in Council may, from time to time, direct May be other-
that any fine, penalty or forfeiture, or any portion thereof, sº
which would otherwise belong to the Crown for the public Council.
uses of Canada, be paid to any provincial, municipal or
local authority, which wholly or in part bears the expenses
of administering the law under which such fine, penalty
or forfeiture is imposed, or that the same be applied in any
other manner deemed best adapted to attain the objects of
such law and to secure its due administration. 49 W., c. 48,
s. 2.
- & w º * Arº fº Crown’s
4- Any duty, penalty or sum of money, or the proceeds ..."...hen
of any forfeiture, which is, by any Act, given to the Crown, not otherwise

218.7
2 Chap. 180. Fines and Forfeitures, 49 WICT.
º shall, if no other provision is made respecting it, form part
§."o." of the Consolidated Revenue Fund of Canada, and shall be
Rev. Fund, accounted for and otherwise dealt with accordingly. 31.W.,
c. 1, S. 7, part.
Limitation of 5- No action, suit or information shall be brought or laid
a CtionS. for any penalty or forfeiture under any Act except within
two years after the cause of action arises or after the offence
is committed, unless the time is otherwise limited by such
Act. C. S. U. C., c. 78, s. 7, part ;-C S. L. C., c. 108, s. 1, part
and s. 2;-29 W., (N.S.) c. 12, s 15 part ;-1 R. S. N. B., c. 140,
S. 2.
OTT AWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's
Most Excellent Majesty.
218.8
CEIAPTER 181.
An Act respecting Punishments, Pardons and the Com-A. D. 1886.
mutation of Sentences.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :-
PUNISHMENTS.
1. Whenever a person doing a certain act is declared to .
be guilty of any offence, and to be liable to punishment º
therefor, it shall be understood that such person shall only
be deemed guilty of such offence and liable to such punish-
ment after being duly convicted of such act. 32-33 W., c. 29,
S. 1, part.
2- Whenever it is provided that the offender shall beliable *. Of t
to different degrees or kinds of punishment, the punishment º'
to be inflicted shall, subject to the limitations contained in ºretiºn of the
the enactment, be in the discretion of the court or tribunal *
before which the conviction takes place. 32-33 W., c. 29,
S. 1, part.
3. Whenever any offender is punishable under two or º
more Acts or two or more sections of the same Act, he may indºor
be tried and punished under any of such Acts or sections; ºore Acts,
e - &c.
but no person shall be twice punished for the same offence.
32-33 W., c. 20, ss. 40, part and 41, part, and c. 21, S. 90, part ; ;
—36 W., c. 55, s. 33 –40 W., c. 35, s. 6. -
CAPITAT, PUNISHMENT.
4- Every one who is indicted as principal or accessory Conviction by
for any offence made capital by any statute, shall be liable ...”
to the same punishment, whether he is convicted by verdict
or on confession. 32-33 W., c. 29, s. 82.
5. In all cases of treason, the sentence or judgment to be Sentence on
pronounced against any person convicted and adjudged ..." "
guilty thereof shall be, that he be hanged by the neck until
he is dead. 31 W., c. 69, s. 4.
6. Upon every conviction for murder, the court shall Sentºnºe on
- conviction for
pronounce sentence of death, and the same may be carried j

21.89
2
Chap. 181. Punishments, Pardons, &c. 49 WICT.
Court to
direct execu-
tion of sen-
tence of
death.
Report to be
made by the
judge.
Reprieve in
Certain CàSeS.
Treatment of
persons con-
demned to
death.
Judgment to
be executed
within Walls
of prison.
Sheriff, &c.,
to be present.
into execution, and all other proceedings upon such seri-
tence and in respect thereof may be had and taken in the
same manner, and the court before which the conviction
takes place shall have the same powers in all respects, as
after a conviction for any other felony for which a prisoner
may be sentenced to suffer death as a felon. 32-33 W., c. 20,
7. Whenever any offender has been convicted before any
court of criminal jurisdiction, of an offence for which such
offender is liable to and receives sentence of death, the court
shall order and direct execution to be done on the offender
in the manner provided by law. 32-33 W., c. 29, s. 106.
S. In the case of any prisoner sentenced to the punish-
ment of death, the judge before whom such prisoner has
been convicted shall forthwith make a report of the case to
the Secretary of State, for the information of the Governor
General ; and the day to be appointed for carrying the sen-
tence into execution shall be such as, in the opinion of the
judge, will allow sufficient time for the signification of the
Governor's pleasure before such day, and if the judge thinks
such prisoner ought to be recommended for the exercise of
the Royal mercy, or if, from the non-decision of any point of
law reserved in the case, or from any other cause, it becomes
necessary to delay the execution, he, or any other judge of
the same court, or who might have held or sat in such
court, may, from time to time, either in term or in vacation,
reprieve such offender for such period or periods beyond the
time fixed for the execution of the sentence as are necessary
for the consideration of the case by the Crown. 32-33 W.,
c. 29, s. 107;-36 W., c. 3, s. 1.
9. Every one who is sentenced to suffer death shall, after
judgment, be confined in some safe place within the prison,
apart from all other prisoners; and no person except the
gaoler and his servants, the medical officer or surgeon of the
prison, a chaplain or a minister of religion, shall have access
to any such convict, without the permission, in writing, of
the court or judge before whom such convict has been tried,
or of the sheriff. 32-33 W., c. 29, s. 108.
19- Judgment of death to be executed on any prisoner
shall be carried into effect within the walls of the prison in
which the offender is confined at the time of execution.
32-33 W., c. 29, s. 109.
11- The sheriff charged with the execution, and the gaoler
and medical officer or surgeon of the prison, and such other
officers of the prison and such persons as the sheriff requires,
shall be present at the execution. 32-33 W., c. 29, s. 110.
2190
1886. Punishments, Pardons, &c. Chap. 181. 3
12. Any justice of the peace for the district, county or Justices of the
place to which the prison belongs, and such relatives of the flºº.
prisoner or other persons as it seems to the sheriff proper to sent.
admit within the prison for the purpose, and any minister
of religion who desires to attend, may also be present at the
execution. 32-33 W., c. 29, s. 111.
13. As soon as may be after judgment of death has been Surgeon to
executed on the offender, the medical officer or surgeon of * *
the prison shall examine the body of the offender, and shall
ascertain the fact of death, and shall sign a certificate there-
of, and deliver the same to the sheriff. 32-33 W., c. 29, s. 112.
14- The sheriff and the gaoler of the prison, and such jus- Declaration
tices and other persons present, if any, as the sheriff requires §º.
or allows, shall also sign a declaration to the effect that judg- y
ment of death has been executed on the offender. 32-33 W.,
c. 29, s. 113.
15. The duties imposed upon the sheriff, gaoler, medical Pºputies may
officer or surgeon by the four sections next preceding, may “
and shall, in his absence, be performed by his lawful deputy
or assistant, or other officer or person ordinarily acting for
him, or conjointly with him, in the performance of his duties.
32-33 W., c. 29, s. 114.
16. A coroner of the district, county or place to which ſº
the prison belongs, wherein judgment of death is executed tº body.
on any offender, shall, within twenty-four hours after the
execution, hold an inquest on the body of the offender ; and
the jury at the inquest shall inquire into and ascertain the
identity of the body, and whether judgment of death was
duly executed on the offender; and the inquisition shall be
in duplicate, and one of the originals shall be delivered to
the sheriff. 32-33 W., c. 29, s. 115.
17. No officer of the prison or prisoner confined therein Officers and
* * > g •: t
* in any case, be a juror on the inquest. 32-33 W., c. 29, º
S. 116.
18. The body of every offender executed shall be buried Burial ºf
within the walls of the prison within which judgment of "“”
death is executed on him, unless the Lieutenant Governor in
Council, being satisfied that there is not, within the walls
of any prison, sufficient space for the convenient burial of
offenders executed therein, permits some other place to be
used for the purpose. 32-33 W., c. 29, s. 117.
19. Every one who knowingly and wilfully signs any Penalty for
false certificate or declaration required with respect to any ºt
execution, is guilty of a misdemeanor, and liable to impri-
sonment for any term less than two years. 32-33 W., c. 29,
S. 120.
2191
4 Chap. 181. Punishments, Pardons, &c. 49 WICT.
Certificate, 20. Every certificate and declaration, and a duplicate of
is..." the inquest required by this Act, shall, in every case, be sent
of State, and with all convenient speed by the sheriff to the Secretary of
º i. State, or to such other officer as is, from time to time,
prison. appointed for the purpose by the Governor in Council; and
printed copies of such several instruments shall, as soon as
possible, be exhibited, and shall, for twenty-four hours at
least, be kept exhibited on or near the principal entrance of
the prison within which judgment of death is executed.
32-33 W., c. 29, s. 121.
iº º: 21. The omission to comply with any provision of the
º ... preceding sections of this Act shall not make the execution
of judgment of death illegal in any case in which such exe-
cution would otherwise have been legal. 32-33 W., c. 29,
S. 123.
* other 22- Except in so far as is hereby otherwise provided,
"* judgment of death shall be carried into effect in the same
manner as if this Act had not been passed. 32-33 W., c. 29,
s. 124.
IMPRISONMENT.
Offence not 28. Every one who is convicted of any offence not pun-
isliabl e º º º ©
§. ishable with death shall be punished in the manner, if any,
prescribed by the statute especially relating to such offence.
32-33 W., c. 29, s. 88, part.
iºn 24- Every person convicted of any felony for which no
jail. punishment is specially provided, shall be liable to impri-
ishment. sonment for life:
. 2. Every one who is convicted on indictment of any mis-
inje. demeanor for which no punishment is specially provided,
shall be liable to five years' imprisonment :
i.º.º. 3. Every one who is summarily convicted of any offence
tion. for which no punishment is specially provided, shall be
liable to a penalty not exceeding twenty dollars, or to im-
prisonment, with or without hard labor, for a term not ex-
ceeding three months, or to both. 32-33 W., c. 29, s. 88, part.
§. º 25. Every one who is convicted of felony, not punish-
felony. able with death, committed after a previous conviction for
felony, is liable to imprisonment for life, unless some other
punishment is directed by any statute for the particular
offence,—in which case the offender shall be liable to the
punishment thereby awarded, and not to any other. 32-33 W.,
c. 29, s. 83.
º:in , 26. Every one who is liable to imprisonment for life, or
iñº discretion for any term of years, or other term, may be sentenced to im-
of the court prisonment for any shorter term : Provided, that no one shall
2192
1886. Punishments, Pardons, &c. Chap. 181. 5
be sentenced to any shorter term of imprisonment than the
minimum term, if any, prescribed for the offence of which
he is convicted. 32-33 W., c. 29, ss. 89 and 90, part. th
27. When an offender is convicted of more offences than Offender con-
one, before the same court or person at the same sitting, or ..º
when any offender, under sentence or undergoing punish- one, &c.
ment for one offence, is convicted of any other offence, the
court or person passing sentence may, on the last conviction,
direct that the sentences passed upon the offender for his
several offences shall take effect one after another, 32-33 W.,
c. 29, s. 92.
28. Every one who is sentenced to imprisonment for life, Imprisonment
or for a term of years, not less than two, shall be sentenced *
to imprisonment in the penitentiary for the Province in ſº
which the conviction takes place:
2. Every one who is sentenced to imprisonment for a term. In the com-
less than two years shall, if no other place is expressly men- * *
tioned, be sentenced to imprisonment in the common gaol
of the district, county or place in which the sentence is pro-
nounced, or if there is no common gaol there, then in that
common gaol which is nearest to such locality, or in some
lawful prison or place of confinement, other than a peniten-
tiary, in which the sentence of imprisonment may be law-
fully executed :
3. Provided, that any prisoner sentenced for any term by Prisoners sen-
any military, naval or militia court martial, or by any mili- i.e.,
tary or naval authority under any Mutiny Act, may be sen- º
tenced to imprisonment in a penitentiary :
4. Imprisonment in a penitentiary, in the Central Prison Hard labor in
for the Province of Ontario, in the Andrew Mercer Ontario ...”
Reformatory for females, and in any reformatory prison for
females in the Province of Quebec, shall be with hard labor,
whether so directed in the sentence or not :
5. Imprisonment in a common gaol, or a public prison, And in other
other than those last mentioned, shall be with or without ... *
hard labor, in the disgretion of the court or person passing
sentence, if the offender is convicted on indictment, or under
“The Speedy Trials Act,”—and, if convicted summarily, may
be with hard labor, if hard labor is part of the punishment
for the offence of which such offénder is convicted,—and if
such imprisonment is to be with hard labor, the sentence
shall so direct :
6. The term of imprisonment, in pursuance of any sen- Commence-
tence, shall, unless otherwise directed in the sentence, com- jº
Imence on and from the day of passing such sentence, but ment.
no time during which the convict is out on bail shall be
reckoned as part of the term of imprisonment to which he
is sentenced :
7. Every one who is sentenced to imprisonment in any Prisoners sub-
penitentiary, gaol, or otheºlic or reformatory prison, łº fºur
* el)
6 Chap. 181. Punishments, Pardons, &c. 49 WICT.
shall be subject to the provisions of the statutes relating to
such penitentiary, gaol or prison, and to all rules and regula-
tions lawfully made with respect thereto. 32-33 W., c. 29,
ss. 1, part, 91, 93, 94, part, 96, part, and 97 —–34 W., c. 30, s. 3,
part ;--43 W., c. 39, s. 14, part ;-43 W., c. 40, s. 9, part ;—
44 W., c. 32, s. 4;-46 W., c. 37, s. 4. r
REFORMATORIES.
Certain offen- 29. The court or person before whom any offender whose
... age at the time of his trial does not, in the opinion of the
imprisonment court, exceed sixteen years, is convicted, whether summarily
º; reforma- or otherwise, of any offence punishable by imprisonment,
- may sentence such offender to imprisonment in any reforma-
tory prison in the Province in which such conviction takes
place, subject to the provisions of any Act respecting im-
prisonment in such reformatory; and such imprisonment
shall be substituted, in such case, for the imprisonment in
the penitentiary or other place of confinement by which the
offender would otherwise be punishable under any Act or
As to term of law relating thereto : Provided, that in no case shall the
jº sentence be less than two years' or more than five years'
º confinement in such reformatory prison; and in every case
where the term of imprisonment is fixed by law to be more
than five years, then such imprisonment shall be in the
penitentiary: w
Labor in a re. 2. Every person imprisoned in a reformatory shall be liable
*Y to perform such labor as is required of such person. 38W.,
c. 43;-43 W., c. 39, SS. 1, part, and 14, part, and c. 40, Ss. 1,
part, and 9, part. *.
WHIPPING.
Whipping. 30. Whenever whipping may be awarded for any offence,
the court may sentence the offender to be once, twice or
thrice whipped, within the limits of the prison, under the
supervision of the medical officer of the prison ; and the
number of strokes and the instrument with which they shall
be inflicted shall be specified by the court in the sentence;
Time for its and, whenever practicable, every whipping shall take place
infliction, not less than ten days before the expiration of any term of
imprisonment to which the offender is sentenced for the
offence :
NO . º 2. Whipping shall not be inflicted on any female. 32-33 W.,
*** c. 20, ss. 20, 2i, parts, and c. 29, s. 95;-40 W., c. 26, s. 6.
SURETIES FOR KEEPING THE PEACE, AND FINES.
i. º 31. Every one who is convicted offelony may be required
.*.*.* to enter into his own recognizances, and to find sureties,
felony. both or either, for keeping the peace, in addition to any
punishment otherwise authorized :
2194
1886. - Punishments, Pardons, &c. Chap. 181. 7
2. Every one who is convicted of any misdemeanor may, And in cases
in addition to or in lieu of any punishment otherwise author. ...”
ized, be fined, and required to enter into his own recogni- is
Zances, and to find sureties, both or either, for keeping the
peace and being of good behavior:
3. No person shall be imprisoned for not finding sureties Imprisonment
under this section, for any term exceeding one year. 31 V., fºll
c. 72, s. 5, part:-32-33 W., c. 18, s. 34, and c. 19, s. 58, and "“
c. 20, s. 77, and c. 21, s. 122, and c. 22, s. 74.
32. Whenever any person who has been required to enter Notice to be
into a recognizance with sureties to keep the peace and É. º
be of good behavior has, on account of his default therein, : "...' 8.
remained imprisoned for two weeks, the sheriff, gaoler or been im;
warden shall give notice, in writing, of the facts to a judge ...”
of a superior court, or to a judge of the county court of indefault of
the county or district in which such gaol or prison is situate, *
or, in the North-West Territories, to a stipendiary magistrate,
—and such judge or magistrate may order the discharge of Discharge
such person, thereupon or at a subsequent time, upon notice . *
to the complainant or otherwise, or may make such other &
order, as he sees fit, respecting the number of sureties, the
sum in which they are to be bound and the length of time
for which such person may be bound. 41 W., c. 19, s. 1.
38. Whenever a fine may be awarded or a penalty im- ñº
posed for any offence, the amount of such fine or penalty ..."?".
shall, within such limits, if any, as are prescribed in that court.
behalf, be in the discretion of the court or person passing
sentence or convicting, as the case may be. 32-33 W., c. 29,
s. 90, part.
SOLITARY CONFINEMENT.—PILLORY.
34. The punishment of solitary confinement or of the No solitary
pilºy shall not be awarded by any court. 32-33 W., c. 29, º
S. & J .
DEOD AND.
35. There shall be no forfeiture of any chattels, which No deodand.
have moved to or caused the death of any human being, in
respect of such death. 32-33 W., c. 29, s. 54.
ATTAINDER.
36. Except in cases of treason, or of abetting, procuring Except for
or counselling the same, no attainder shall extend to the #.
disinheriting of any heir, or to the prejudice of the right or to disinherit
title of any person, other than the right or title of the the hºr.
offender during his natural life only. 32-33 W., c. 29, s. 55.
60% .219.5
8
Chap. 181. Punishments, Pardons, &c. 49 Vict.
The heir may
enter after
death of
offender.
Pardon when
the committal
is for non-
payment of
moneys,
liffect of
pardon.
As to subse-
quent convic-
tionS.
Crown
may commute
sentence of
death.
Form and
effect of com-
mutation.
37. Every one to whom, after the death of any such
offender, the right or interest to or in any lands, tenements
or hereditaments, should or would have appertained, if no
such attainder had taken place, may, after the death of such
offender, enter into the same. 32-33 W., c. 19, s. 56. º
PARDONS.
$S- The Crown may extend the Royal mercy to any
person sentenced to imprisonment by virtue of any statute,
although such person is imprisoned for non-payment of
money to some person other than the Crown. 32-33 W.,
c. 29, s. 125. -
39. Whenever the Crown is pleased to extend the Royal
mercy to any offender convicted of a felony punishable with
death or otherwise, and grants to such offender either a free
or a conditional pardon, by warrant under the Royal Sign
Manual, countersigned by one of the principal Secretaries of
State, or by warrant under the hand and seal-at-arms of the
Governor General, the discharge of such offender out of
custody, in case of a free pardon, and the performance of
the condition in the case of a conditional pardon, shall have
the effect of a pardon of such offender, under the Great Seal,
as to the felony for which such pardon has been granted;
but no free pardon, nor any discharge in consequence thereof,
nor any conditional pardon, nor the performance of the con-
dition thereof, in any of the cases aforesaid, shall prevent or
mitigate the punishment to which the offender might other-
wise be lawfully sentenced, on a subsequent conviction for
any felony or offence other than that for which the pardon
was granted, 32-33 W., c. 29, s. 126.
|
COMMUTATION OF SENTENCE.
40. The Crown may commute the sentence of death
passed upon any person convicted of a capital crime, to im-
prisonment in the penitentiary for life, or for any term of
years not less than two years, or to imprisonment in any
other gaol or place of confinement for any period less than
two years, with or without hard labor; and an instrument
under the hand and seal-at-arms of the Governor General,
declaring such commutation of sentence, or a letter or other
instrument under the hand of the Secretary of State or of
the Under Secretary of State, shall be sufficient authority to
any judge or justice, having jurisdiction in such case, or to
any sheriff or officer to whom such letter or instrument is
addressed, to give effect to such commutation, and to do all
such things and to make such orders, and to give such direc-
tions, as are requisite for the change of custody of such
convict, and for his conduct to and delivery at such gaol
or place of confinement or penitentiary, and his detention
- 21.96 *
T886. Punishments, Pardons, &c. Chap. 181. 9.
therein, according to the terms on which his sentence has
heen commuted. 32-33 W., c. 29, s. 127. -
UNDERGOING SENTENCE, EQUIVALENT TO A PARDON.
41. When any offender has been convicted of an offence not Undergoing
punishable with death, and has endured the punishment to :a: to
which such offender was adjudged,—or if such offence is a pardon.
punishable with death and the sentence has been commuted, -
then if such offender has endured the punishment to which
his sentence was commuted, the punishment so endured
shall, as to the offence whereof the offender was so convicted,
have the like effect and consequences as a pardon under
the Great Seal; but nothing herein contained, nor the en-Proviso.
during of such punishment, shall prevent or mitigate any
punishment to which the offender might otherwise be law-
fully sentenced, on a subsequent conviction for any other
offence. 32-33 W., c. 29, s. 128.
42. When any person convicted of any offence has paid the Undergoing
sum adjudged to be paid, together with costs, under such º,
conviction, or has received a remission thereof from the further pro.
Crown, or has suffered the imprisonment awarded for non- ***
payment thereof, or the imprisonment awarded in the first
instance, or has been discharged from his conviction by the
justice of the peace in any case in which such justice of
the peace may discharge such person, he shall be released
from all further or other proceedings for the same cause.
32-33 W., c. 21, s. 120, and c. 22, s. 73.
48. Nothing in this Act shall, in any manner, limit or Royal prero-
affect Her Majesty's Royal prerogative of mercy. 32-33 W., &"****
c. 29, s. 129.
GENERAL PROVISIONS.
44. The Governor in Council may, from time to time, Governor in
make such rules and regulations to be observed on the §.
execution of judgment of death in every prison, as he, from &c., as to }.
time to time, deems expedient for the purpose, as well of ****
guarding against any abuse in such execution, as also of
giving greater solemnity to the same, and of making known
without the prison walls the fact that such execution is tak-
ing place. 32-33 W., c. 29, s. 118.
45. All such rules and regulations shall be laid upon the §":
tables of both Houses of Parliament within six weeks after º’
the making thereof, or, if Parliament is not then sitting,
within fourteen days after the next meeting thereof 32-33
W., c. 29, s. 119.
46. The forms set forth in the schedule to this Act, with ; i. to
such variations or additions as circumstances require, shall j
604% 2197
I ()
Chap. 181. Punishments, Pardons, &c. 49 WICT.
Laws as to
army and
navy not
affected.
that the said C. D. was dead.
be used for the respective purposes indicated in the said
schedule, and according to the directions contained therein.
32-33 W., c. 29, s. 122.
47. Nothing in this Act shall alter or affect any laws re-
lating to the government of Her Majesty's land or naval
forces. 32-33 W., c. 29, s. 137.
*=s*
SCHEDULE.
CERTIFICATE OF SURGEON.
I, A. B., surgeon (or as the case may be) of the (describe the
prison), hereby certify that I, this day, examined the body
of C. D., on whom judgment of death was this day executed
in the said prison ; and that on Such examination I found
(Signed), A. B.
Dated this day of 18
DECLARATION OF SHERIFF AND OTHERS.
We, the undersigned, hereby declare that judgment of
death was this day executed on C. D., in the (describe the
prison) in our presence.
Dated this day of 18
E. F., Sheriff of
L. M., Justice of the Peace for—
G. H., Gaoler of
&c., &c.
32-33 W., c. 29, sch. B.
SURETIES.
COMPLAINT BY THE PARTY THREATENED, FOR SURETIES FOR
THE PEACE.
Canada.
Province of 2
district (or county,
united counties, or
as the case may be),
of
The information (or complaint) of C. D., of the township
of in the said district (or county, united counties,
or as the case may be), of (laborer). (If preferred by
an attorney or agent, say—by D. E., his duly authorized agent.
(or attorney), in this behalf), taken upon oath, before me, the
undersigned, a justice of the peace, in and for the said dis-
trict (or county, united counties, or as the case may be) of
2198
1886. Punishments, Pardons, &c. Chap. 181.
11
, at N., in the said district, (county, or as the
case may be) of this day of , in the year
one thousand eight hundred and , who says
that A. B., of the (township) of , in the district
{county, or as the case may be), of , did, on the
day of (instant or last past, as the
case may be), threaten the said C. D. in the words or to the
effect following, that is to say, (set them out, with the circum-
stances under which they were used): and that from the above
and other threats used by the said A. B. towards the said
C. D., he, the said C. D., is afraid that the said A. B. will do
him some bodily injury, and therefore prays that the said
A. B. may be required to find sufficient sureties to keep the
peace and be of good behavior towards him, the said C. D.;
and the said C.D. also says that he does not make this com-
plaint against nor require such sureties from the said A. B.
from any malice or ill-will, but merely for the preservation
of his person from injury.
IFORM OF RECOGNIZANCE FOR THE SESSIONS.
Be it remembered that on the day of y
in the year - , A. B. of (laborer),
L. M. of (grocer), and N. O. of (butcher),
personally came before (us) the undersigned, (two) justices
of the peace for the district (or county, united counties, or
as the case may be), of , and severally acknowledged
themselves to owe to our Lady the Queen the several sums
following, that is to say: the said A. B. the sum of y
and the said L. M. and N. O. the sum of , each, of
good and lawful money of Canada, to be made and levied of
their goods and chattels, lands and tenements respectively,
to the use of our said Lady the Queen, her heirs and succes-
sors, if he, the said A. B., fails in the condition indorsed (or
hereunder written). *
Taken and acknowledged the day and year first above
mentioned, at before us.
J. S.
J. T.
The condition of the within (or above) written recogni-
Zance is such that if the within bound A. B. (of, &c.), appears
at the next court of General Sessions of the Peace, (or other
court discharging the functions of the court of General Sessions,
or as the case may be), to be holden in and for the said dis-
trict (or county, united counties, or as the case may be), of
* to do and receive
what is then and there enjoined him by the court, and in
the meantime keeps the peace and is of good behavior to-
wards Her Majesty and her liege people, and specially
- 2 |99
12.
Chap. 181. Punishments, Pardons, &c. 49 WICT.
towards C. D. (of, &c.), for the term of now next en-
suing, then the said recognizance to be void, otherwise to
stand in full force and virtue.
FORM OF COMMITMENT IN DEFAULT OF SURETIES.
Canada. |
Province of .
district (or county,
united counties, or
as the case may be),
of .
To all or any of the constables or other peace officers in the
district (or county, united counties, or as the case may be),
}
Of , and to the
keeper of the common gaol of the said district (or county,
united counties, or as the case may be), at , in
the said district (or county, &c.)
Whereas on the day of instant, Com-
plaint on oath was made before the undersigned (or J. L.,
Esquire) a justice of the peace in and for the said district (or
county, united counties, or as the case may be), of
7
by C. D., of the township of - , in the said
district (or county, or as the case may be) (laborer), that A. B.,
of (&c.), on the day of , at the township.
of , aforesaid, did threaten (&c., follow
to end of complaint, as in form above, in the past tense, them):
And whereas the said A. B. was this day brought and
appeared before the said justice (or J. L., Esquire), a justice
of the peace in and for the said district (or county, united
counties, or as the case may be), of , to
answer unto the said complaint: and having been required
by me to enter into his own recognizance in the sum of
, with two sufficient sureties in the sum
of each, as well for his appearance at the
next General Sessions of the Peace (or other court discharg-
ing the functions of the court of General Sessions, or as the case
may be), to be held in and for the said district (or county,
united counties, or as the case may be), of r.
to do what shall be then and there enjoined him by the
court, as also in the meantime to keep the peace and be of
good behavior towards Her Majesty and her liege people,
and especially towards the said C. D., has refused and neg-
lected, and still refuses and neglects, to find such sureties:
These are therefore to command you, and each of you, to take
the said A. B., and him safely to convey to the (common gaol)
at aforesaid, and there to deliver him
to the keeper thereof, together with this precept; And I do.
hereby command you, the said keeper of the (common gaol),
2200
1886. Punishments, Pardons, &c. Chap. 181.
1:
to receive the said A. B. into your custody in the said (com-
mon gaol), there to imprison him until the said next General
Sessions of the Peace (or the neart term of sitting of the said
court discharging the functions of the court of General Sessions,
or as the case may be), unless he, in the meantime, finds
sufficient sureties as well for his appearance at the said
sessions (or court) as in the meantime to keep the peace as
aforesaid.
Given under my hand and seal, this day of ?
in the year , at in the district
(or county, or as the case may be) aforesaid.
32-33 W., c. 31, sch., part. J. S. (L.S.]
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty. -
220.1
CHAPTER 182.
An Act respecting Penitentiaries. A. D., 1886.
ER. Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
1. This Act may be cited as “The Penitentiary Act.” 46 W., Short title.
c. 37, s. 81. -
2. All the penitentiaries in Canada and such other prisons, Penitenti-
hospitals, asylums and other public institutions as are, from ...”.”
time to time, designated for that purpose by the Governor under control
in Council, by proclamation in the Canada Gazette, and all ºff.”
prisoners and other persons confined therein and inmates "***
thereof, shall be under the control of the Minister of Justice,
who shall exercise over them complete administrative power.
46 W., c. 37, s. 1, part.
3. The Minister of Justice shall submit to the Governor Annual report
General an annual report upon all the penitentiaries, prisons ...”
and other institutions under his control, to be laid before both
Houses of Parliament within the first twenty-one days of
each session thereof, showing the state of each penitentiary,
prison or other institution, and the amounts received and
expended in respect thereof, with such further information
as is requisite. 46 W., c. 37, s. 1, part. .."
4. The penitentiary situate near the city of Kingston, in Peniten-
the Province of Ontario, known as the Kingston Peniten- ...,
tiary, the penitentiary situate at St. Vincent de Paul, in the j.
Province of Quebec, known as the St. Vincent de Paul Peni-
tentiary, the penitentiary situate at Dorchester, in the Pro-
vince of New Brunswick, known as the Dorchester Peniten-
tiary, the penitentiary situate in the county of Lisgar, in the .
Province of Manitoba, known as the Manitoba Penitentiary,
and the penitentiary situate in the district of New West-
minster, in the Province of British Columbia, known as the
British Columbia Penitentiary, together with all the land
appertaining to the same respectively, according to the re-
spective metes and bounds thereof as now known and defined,
and all the buildings and property thereon belonging to the
same, are, all and each of them, hereby declared to be peni-
tentiaries of Canada. 46 W., c. 37, s. 2.

2203
2
Chap. 182. Penitentiaries. 49 WICT.
Peniten-
tiaries for the
Several Pro-
vinces.
Governor in
Council may
establish
peniten-
tiaries, and
declare any
lands estab- .
lished as such
not to be so.
What shall be
included as
part of a peni-
tentiary.
5. The Kingston Penitentiary, for the Province of Ontario,
—the St. Vincent de Paul Penitentiary, for the Province of
Quebec,+the Dorchester Penitentiary, for the Provinces of
Nova Scotia, New Brunswick and Prince Edward Island,-
the Manitoba Penitentiary, for the Province of Manitoba, the
North-West Territories and the District of Keewatin, and the
British Columbia Penitentiary, for the Province of British
Columbia, shall each be maintained as a prison for the con-
finement and reformation of persons lawfully convicted of
crime before the courts of criminal jurisdiction of the Pro-
vince, Territory or District for which it is the penitentiary,
and sentenced to confinement for life, or for any term not less
than two years. 32–33 W., c. 29, s. 96, part ;-46 V., c. 37, s. 3.
6. The Governor in Council may declare, from time to time,
by proclamation, to be published in the Canada Gazette, that
any tract of land within Canada, of which the boundaries
shall be particularly defined in the proclamation, is a peni-
tentiary, and is to be so held within the meaning of this Act,
—and by such proclamation may declare for what part of
Canada the same shall be a penitentiary; and the Governor
in Council, by any proclamation published as aforesaid, may
declare that any tract of land established as a penitentiary
by the fourth section of this Act, or by any other law, or by
proclamation under this section, from and after a certain day
to be named in such proclamation, shall cease to be a peni-
tentiary, or a penitentiary for a part of Canada named in
such proclamation,-and such tract of land shall cease to be
a penitentiary, or a penitentiary for such part of Canada,
accordingly. 46 W., c. 37, s. 5.
7. Every penitentiary now established, or hereafter estab-
lished by virtue of this Act, shall be held to include all car-
riages, wagons, sleighs and other vehicles for land carriage,
and all boats, scows and other vessels for water carriage, being
property belonging to such penitentiary, or employed by
hire or otherwise in its service,—and also every wharf at or
near the said penitentiary, which, although not within the
limits mentioned in the proclamation establishing the same,
is used for the accommodation of such boats, scows or other
vessels, when so employed in or about any work or labor
connected with such penitentiary. 46 W., c. 37, s. 6.
Streets, roads,
&c., when to
be part of a
penitentiary.
Escapes.
8. Every street, highway or public thoroughfare of any
kind, along or across which it is necessary that convicts
should pass in going to and returning from their work, shall
be considered, while so used, as a portion of the tract of land
forming the penitentiary; and every escape, or attempt at
escape, and every rescue, or aid in rescue, which takes place
on such street, highway or public thoroughfare, while so
used, shall have the same effect as if such escape, or attempt
at escape, or such rescue, or aid in rescue, had taken place
2204
1886. Penitentiaries. Chap. 182. 3.
within the prison walls or penitentiary limits. 46 W., c. 37,
s. 7. 3.
9. The inspector of penitentiaries, with the approval of Tram roads
the Minister of Justice, may authorize the warden of any ””
penitentiary to construct rail or tram roads to communicate
between any one part of the penitentiary and any other part,
and to carry the same across, upon or along any public road
or street intervening, in such manner as to cause the least
possible inconvenience to passengers or carriages using such
road or street: but the warden of such penitentiary shall not Notice to.
break ground upon any public road or street for the purpose *P*
of constructing such rail or tram roads, in virtue of such
authority from the inspector, until after the lapse of one
month after a copy of the writing giving such authority,
certified by the warden, together with a plan showing the
line which such rail or tram roads are to occupy, has been
served upon the officer or person charged with the care or
Supervision of such public road. 46 W., c. 37, s. 8.
10. The construction and repairs of buildings and other Construction
works in the penitentiaries shall be under the control of the #. of
Minister of Public Works. 46 W., c. 37, s. 9.
INSPECTOR.
11. The Governor in Council may appoint some fit and Governor in
proper person to be inspector of all penitentiaries, and of such ; ºy
other prisons, hospitals, asylums and other public institutions spéctor.
as are, from time to time, designated by the Governor in
Council; and the inspector shall hold office during pleasure,
and shall be an officer of the Department of Justice, and, as
such inspector, shall act as the representative of the Minister
of Justice. 46 W., c. 37, s. 10.
12. The inspector, under direction from the Minister of Inspector to
Justice, shall visit, examine and report to him, upon the state ..."
and management of all the penitentiaries, and all suggestions report.
which the wardens thereofmake for the improvement of such
•penitentiaries. 46 W., c. 37, s. 11. -
13. The inspector shall keep an exact record of all minutes To keep min-
º e tº * e g . . utes and
of inspection made by him in the inspection books of the said ji copy
institutions, together with all his proceedings in connection to Minister.
there with, and, after each visit of inspection, shall transmit
a copy thereof, under his hand, to the Minister of Justice.
46 V., c. 37, s. 12.
14. The inspector, by virtue of his office, without any Tº be jus-
* ºr ºt * g e tice of the
property qualification, shall be a justice of the peace for every ...ac.
district, county, city or town of Canada, but shall have
power to act in matters connected with the criminal law
of Canada only. 46 W., c. 37, s. 13.
2205
4
Chap. 182. Penitentiaries. 49 VICT.
To make rules
and regula-
tions, &c.,
- subject to ap-
proval of the
Governor in
Council.
15. The inspector shall, subject to the approval of the
Governor in Council, make rules and regulations for the
management, discipline and police of the penitentiaries, and
for the duties and conduct of the wardens thereof, and of
every other officer or class of officers or servants employed
therein, and for the diet, clothing, maintenance, employment,
instruction, discipline, correction, punishment and reward
of convicts imprisoned therein, and may, from time to time,
with such approval, annul, alter or amend the same; and the
wardens of the penitentiaries, and every other officer and
servant employed in or about the same, shall be bound to
To make an
annual re-
port.
What the re-
port shall
contain.
Statistics,
facts and
suggestions.
Inventory
and valuation
of property.
Receipts, ex-
penditure and
Statement of
debts.
Estimates for
ensulng year.
Officers to
furnish infor-
mation.
obey such rules and regulations when so approved. 46 W.,
c. 37, s. 14, part.
15. The inspector shall make an annual report to the
Minister of Justice on or before the first day of December in
each year, which shall contain a full and accurate statement
of the state, condition and management of the penitentiaries
under his control and supervision, and inspected during the
preceding fiscal year, together with such suggestions for the
improvement of the same as he deems necessary and ex-
pedient, and accompanied by copies of the annual reports of
the officers of the penitentiaries, and by such financial and
statistical statements and tables as the books kept by them
contain ; and such report shall also comprise and embrace
the following particulars, that is to say:—
(a) Such statistical information in respect to each peniten-
tiary as is embraced in the registers of such penitentiaries,
together with any facts which have come to his knowledge
with respect to the working of the criminal laws and penal
system of Canada, or any injustice or hardship which, in
his opinion, has arisen therefrom, and such suggestions for
the improvement or amendment of the same, and for the
prevention of crime or the reformation of criminals, as he
deems expedient ;
(b.) An inventory and valuation of all the movable and
immovable property belonging to the penitentiaries, respect-
ively—distinguishing the estimated value of the several
descriptions of property;
(c.) A detailed statement showing the money receipts of
the penitentiaries, and the sources from which they have
been derived; also, the expenditures, together with a state-
ment of all debts due on account of the penitentiaries, show-
ing the names of the persons to whom each is due, and show-
ing also the debts, if any, due to the penitentiary, with the
amount and nature of each debt; .
(d.) An estimate of the expense of the penitentiaries for the
ensuing year—distinguishing the ordinary from the extra-
ordinary :
2. The wardens and other officers shall furnish to the
inspector all information necessary for the preparation of
2206 s
1886. Penitentiaries. Chap. 182. 5
his report, on or before the first day of October in each year.
46 W., c. 37, s. 15. .
17. If the inspector at any time finds that any peniten- Special re-
tiary is out of repair, or does not possess the proper and º
requisite sanitary arrangements, or has become unsafe or ments and
unfit for the confinement of prisoners, or that the same does *P*
not afford sufficient space or room for the number of prisoners
confined therein, or the requisite amount of shop and yard
space for the proper industrial employment of the prisoners,
he shall forthwith report the same to the Minister of Justice, Copy to Min-
and at the same time shall furnish a copy of such report for ..."
the Minister of Public Works. 46 W., c. 37, s. 16. *
EXAMINATIONS AND INVESTIGATIONS.
18. The inspector may, at all times, enter into and remain Entry and
within any penitentiary or other public institution placed ...".
under his control as aforesaid, and have access to every part papers, &C.
of the same, and examine all papers, documents, vouchers,
records and books of every kind belonging thereto. 46 W.,
c. 37, s. 17, part.
19. The inspector may investigate the conduct of any Inquiries into
officer or servant employed in or about any penitentiary, or º:
other such public institution, as aforesaid, or of any person “” “
found within the precincts thereof; and, for that purpose, summoning
by subpoena issued by him, may summon before him an ... and
person, and examine such person upon oath, which oath the *istering
inspector may administer, and may compel the production
of papers and writings before him ; and if any person duly Punishment
summoned neglects or refuses to appear at the time and place ..." "
specified in the subpoena legally served upon him, or refuses dence.
to give evidence or to produce the papers demanded of him,
the inspector may cause the said person, by warrant under
his hand, to be taken into custody and to be imprisoned in
the common gaol of the locality, as for contempt of court, for
a period not exceeding fourteen days. 46 W., c. 37, s. 17, part.
20. The Minister of Justice, at any time when he deems Minister of
it necessary, may appoint One or more persons to make 8, łºś.
special report on the state and management of any peniten- reports to be
tiary, and in such case the person or persons so appointed, º: *
in order to enable him or them to make such special report, inspector.
shall have the powers given to the inspector by the two
sections next preceding. 46 W., c. 37, s. 18.
ACCOUNTANT OF PENITENTIARIES.
21. The Governor in Council may appoint a fit and proper Accountant
person to be the accountant of penitentiaries, who shall be ..."
an officer of the Department of Justice, and shall be charged
2207
6
Penitentiaries. 49 WICT.
Chap. 182.
His duties.
To audit ac-
counts and
inquire into
money mat-
{erS.
‘Powers.
Appointment
of officers for
each peni-
tentiary.
Inspector
Imay suspend
any officer.
Removal may
be recom-
mended.
generally with the direction, inspection and audit of the
books, accounts, money transactions and financial affairs of
the penitentiaries, and shall have such other powers as are
assigned to him by the Governor in Council; and he shall
perform such other duties as are required of him by the Min-
ister of Justice : - - -
2. He shall audit the accounts of the penitentiaries and
transmit the same, duly certified as to correctness, to the
Minister of Justice; he shall also inquire into the money
transactions and financial affairs of the penitentiaries, prisons,
hospitals, asylums or other public institutions supported
wholly or in part by Canada:
3. He shall, in the performance of his duties, have all the
powers given to the inspector by sections eighteen and nine-
teen of this Act. 46 W., c. 37, s. 19.
W ARIDENS AND OTHER, OFFICERS.
22. The Governor in Council may appoint, for any peni-
tentiary, a warden, a deputy warden, a Protestant chaplain,
an assistant Protestant chaplain when required, a Roman
Catholic chaplain, an assistant Roman Catholic chaplain
when required, a surgeon and an accountant, all of whom
shall hold their offices during pleasure : -
2. The inspector may summarily suspend any of the above
named officers for misconduct, until the circumstances of the
case, of which the Minister of Justice shall be at once noti-
fied, have been decided upon by the Minister, and the inspec-
tor may, until such decision has been so intimated, cause
any officer so suspended to be removed beyond the precincts
of the prison; and the inspector shall recommend the removal
of any of the above named officers whom he deems incapable,
inefficient or negligent in the execution of his duty, or whose
presence in the penitentiary he considers detrimental to the
Minister of
Justice may
appoint cer-
tain officers.
Warden may
suspend any
of them.
Warden may
appoint cer-
tain officers,
guards, &c.,
and suspend
or dismiss
them.
interests thereof. 46 W., c. 37, s. 20, part.
23. The Minister of Justice may appoint, for any peni-
tentiary, a schoolmaster, a schoolmistress, a storekeeper, a
steward, a chief keeper, an engineer, a matron, a deputy
matron, and such trade instructors as are, from time to time,
required, who shall hold their offices during pleasure :
2. The warden may, for misconduct, summarily suspend
any of the officers named in this section until the next visit of
the inspector, when the warden shall submit to the inspector
a report of the circumstances of the case, to be dealt with as
to the inspector seems meet. 46 W., c. 37, s. 21, part.
24. The warden may appoint, for any penitentiary, an
assistant deputy matron and a clerk, and such and so many
keepers and guards and other servants, for the proper pro-
tection and care of the institution, as the Minister author-
izes, and may suspend any of them for neglect of duty, for
such time as he sees fit, or dismiss them, without further
- 2208
I886. - Penitentiaries. Chap. 182. 7
charge than that, in his opinion, they are inefficient; and
such suspension or dismissal shall be reported forthwith to
the inspector. 46 W., c. 37, s. 22.
25. The pay of every officer so suspended by the inspec- ºn
tor or by the warden shall cease during the period of his ..."
suspension ; but the Minister of Justice may direct payment
of the same. 46 W., c. 37, s. 23.
26. The warden may impose upon any officer or servant .
e º tº - º o pose fines
appointed by him or by the Minister of Justice, for any act for neglect of
of negligence or carelessness committed by him, a fine, pay- *Y.
able in money, of such reasonable amount, not exceeding
one month's pay, as the warden, under the circumstances
of the case, thinks fit; and, under like circumstances, the
Minister of Justice may impose a like fine on the deputy
warden and accountant. 46 W., c. 37, s. 24.
27. The warden of a penitentiary shall be the chief exe- . F.
cutive officer of the same ; and as such shall have the entire warden.
executive control and management of all its concerns, subject
to the rules and regulations duly established, and the written
instructions of the inspector authorized by the Minister of
Justice; and, in all cases not provided for, and where the
said inspector cannot readily be consulted, the warden shall
act in such manner as he deems most advantageous for the
penitentiary; he shall be responsible for the faithful and
efficient administration of the affairs of every department of
the penitentiary, shall reside in the penitentiary, and shall ºil.
receive such allowance of fuel and light as the Governor in ...”
Council sees fit to make. 46.V., c. 37, s. 25.
*s. In the absence or during the incapacity of the warden º
the deputy warden shall exercise all the powers and perform i º
all the duties of the warden ; and in the absence or during
the incapacity of the deputy warden the chief keeper shall
exercise all the powers and perform all the duties of the
deputy warden. 46 W., c. 37, s. 20, part, and s. 21, part.
29. Every warden, accountant, storekeeper, steward, and Whº.
- - e • * * ---, to give bonds
every such other officer as is, from time to time, designated jºiréties
by the Governor in Council, shall give and enter into a bond of office.
or bonds for the faithful performance of the duties of his office
according to law, and in such sum, and with such sufficient
surety or sureties, as the Governor in Council or the Minister
of Justice approves of, and such bonds shall be filed in the
office of the Secretary of State of Canada. 46 W., c. 37, s. 27.
30. Every warden, and every other officer and servant ºil
employed permanently in a penitentiary, shall severally take #.” "
and subscribe, in a book to be kept for that purpose by the
accountant in his office, the oath of allegiance to Her Majesty,
and an oath of office in the form following, that is to say:—
2209
8
Chap. 182. Penitentiaries. 49 WICT.
Form of oath
of office,
Before whom.
Penalty if in-
Spector,
warden, &c.,
acts as Con-
tractor,
Warden, &c.,
not to exer-
cise any other
calling.
Nor to buy or
Sell from or
to convicts,
&c.
Governor in
Council to fix
pay of warden
and officers.
Warden to be
a corporation
sole.
Contracts,
dealings, per-
sonal pro-
perty,’ &c., to
be in his
In 8. Rººkè.
“I (A.B.) do promise and swear that I will faithfully,
“diligently and justly serve in the office and perform the
“ duties of in the penitentiary, to the
“best of my abilities; and that I will carefully observe and
“carry out all the regulations of the prison. So help me God:”
2. The inspector or warden is hereby authorized to admin-
ister such oaths, 46 W., c. 37, s. 28.
31. Every inspector, warden, or other officer or servant
employed in a penitentiary, who, either in his own name or
in the name of, or in connection with, any other person, pro-
vides, furnishes or supplies any materials, goods or provisions
for the use of any penitentiary, or is concerned directly or
indirectly in furnishing or supplying the same, or in any
contract relating thereto, shall incur a penalty of five hun-
dred dollars, recoverable, with costs, by any person who sues
for the same in any court of competent jurisdiction. 46 W.,
c. 37, s. 29.
32. No warden, officer or servant, except the surgeon and
chaplain, shall carry on any trade or calling of profit or emolu-
ment other than his office in the penitentiary ; and, except
in the case mentioned in section sixty-four, no officer shall
buy from or sell to or for any convict anything whatsoever;
or take or receive for his own use, or for that of any other
person, any fee or gratuity or emolument from any convict
or visitor or other person ; or, without the consent of the
Minister, employ any convict in working for him. 46 W.,
c. 37, s. 30.
83. The Governor in Council may, from time to time, fix
the sums to be annually paid to the warden and the other
officers and servants of any penitentiary established under
the provisions of this Act, regard being had to the number
of convicts confined therein, and the consequent responsi-
bility attaching to their offices respectively, and to the length
of service and amount of labor devolving upon them ; but
such salaries shall not exceed the sums specified in the sche-
dule to this Act. 46 W., c. 37, s. 31.
84. The warden shall be a corporation sole known by
the name of “The Warden of the Penitentiary,”
(designating the place as named in this Act, or named in the
proclamation establishing it as a penitentiary), and by that
name he and his successors shall have perpetual succession,
and may sue and be sued, and may plead and be pleaded
unto, in any of Her Majesty's courts. 46 W., c. 37, s. 32.
35. All dealings and transactions on account of any peni-
tentiary, and all contracts for goods, wares or merchandise
necessary for maintaining and carrying on the penitentiary,
or for the sale of goods prepared or manufactured in the peni-
2210
1886. Penitentiaries. Chap. 182. 9
tentiary, shall be entered into and carried out in the corporate
name of the warden ; and all personal property belonging to
the penitentiary shall be held, in the corporate name of the
warden, for Her Majesty. 46 W., c. 37, s. 33.
36. The real property of every penitentiary, as well as all Real pro-
the other property thereto belonging, shall be vested in Her º.
Majesty; but the warden and his successors in office shall managed.
have the custody and care thereof under the provisions of
this Act. 46 W., c. 37, s. 34.
37. Whenever any difference arises, between the warden Arbitration in
and any person having dealings with him on account of the . 3.
penitentiary, such difference may, by order of the inspector, warden and
and with the consent of such person, be referred either to . *
one arbitrator, selected by the warden and such person, or
to three arbitrators, one of whom shall be named by the
warden, and another by such other person, and a third by
the two so named as aforesaid; and, in the one case, the
award of the arbitrator, and, in the other case, of any two of
the arbitrators, shall be final. 46 W., c. 37, s. 35.
38. The warden of a penitentiary shall exercise due dili-Warden to
gence in enforcing the payment of debts due to the peniten-º’."
tiary, and with as little expense as possible; and, on the tiary.
report of the inspector approved by the Governor in Council,
he may accept of such security from any debtor on granting
time, or such composition in full settlement, as is thought
conducive to the interests of the penitentiary. 46 W., c. 37,
s. 36.
39. All books of account and other books, bills, registers, Books, docu-
returns, receipts, bills of parcels and vouchers, and all other . *:::::
papers and documents of every kind relating to the affairs º
of the penitentiary, shall be the property of the penitentiary,
and shall remain therein; and the warden shall preserve Copies of re-
therein at least one set of copies of all official reports, made Pº tº be
to Parliament respecting the penitentiary, for which pur- *
pose, and for the purpose of enabling him to distribute such
official reports in exchange for like documents from other
similar institutions abroad, he shall, as soon as they are By whom to
printed, be furnished by the clerk of the House of Commons **
with fifty copies of such reports as are printed by order of
the House. 46 W., c. 37, s. 37.
40. The warden and accountant shall transmit monthly, tº
to the accountant of penitentiaries, a statement of the receipts ...?
and expenditures for the preceding month, verified under accountant.
oath in the manner following:—
“I. warden, and I, accountant, of the Oath of
* † - warden and
penitentiary, make oath and say, that the fore- ...
“going statement of receipts and expenditures on account of
4 (
61% 2211
10
Chap. 182. Penitentiaries. 49 WICT.
Storekeeper's
oath.
By whom ad-
ministered.
Who shall
have the right
of visiting.
What shall
he sufficient
authority for
conveying
convicts to
penitentiary.
When
brought from
any other
penitentiary
or gaol.
“the said penitentiary for the month of 18 , is true
“and correct.
“Sworn before me at the day.
“Of A D., 18 ,
C & Inspector, or as the case may be.”
“I, storekeeper of the
“penitentiary, make oath and say thatthe articles mentioned
“in the foregoing statement, as purchased for the said peni-
“tentiary for the month of 18 , were duly received.
“Sworn before me at the
“day of A.D., 18
Inspector, or as the case may be "
2. Such oaths may be administered by the inspector or the
accountant of penitentiaries, or by any justice of the peace,
notary public, or commissioner for taking affidavits, 46 V.,
c. 37, s. 38.
PRIVILEGED WISITORS.
41. The following persons, other than the inspector or
persons specially appointed by the Minister of Justice may
visit any penitentiary at pleasure, that is to say,+the Gov-
ernor General of Canada, the Lieutenant Governor of any
Province of Canada, any member of the Queen's Privy Council
for Canada, any member of the Executive Council of any of
the said Provinces, any member of the Parliament of Canada
or of any of the local Legislatures, any judge of any court of
record in Canada or in any of the said Provinces, and any
Queen's Counsel; but no other person shall be permitted to
enter within the walls wherein the prisoners are confined,
except by the special permission of the warden, and under
such regulations as the inspector prescribes. 46 W., c. 37, s. 39.
CONVEYANCE, RECEIPT AND REMOVAL OF CONVICTS.
42. The sheriff or deputy sheriff of any county or district,
or any bailiff, constable, or other officer, or other person, by
his direction or by the direction of a court, or any officer
appointed by the Governor in Council and attached to the
staff of a penitentiary for that purpose, may convey to the
penitentiary named in the sentence, any convict sentenced
or liable to be imprisoned therein, and shall deliver him to
the warden thereof, without any further warrant than a
copy of the sentence taken from the minutes of the court be-
fore which the convict was tried, and certified by a judge or
by the clerk or acting clerk of such court. 46 W., c. 37, s. 40.
43. Whenever a prisoner is ordered, by competent author-
ity, to be conveyed to any penitentiary from any other peni-
tentiary, or from a reformatory prison, or from a common
gaol, there shall be delivered to the warden of the penitenti-
2212
1886. º Penitentiaries. Chap. 182. 11
ary receiving such prisoner, together with all other necessary
documents, a certificate signed by the medical officer of the
institution from which such prisoner has been taken, and
countersigned by the warden, if the prisoner has been taken
from a penitentiary or a reformatory prison, or by the sheriff
or his deputy if from a common gaol, declaring that such
prisoner is free from any putrid, infectious or cutaneous
disease, and that he is fit to be removed. 46 W., c. 37, S. 41.
44. The warden shall receive into the penitentiary every puty of war-
convict legally certified to him as sentenced to imprison- º and
ment therein, and shall there detain him, subject to all the detaining
rules, regulations and discipline thereof, until the term for “”
which he has been sentenced is completed, or until he is
otherwise discharged in due course of law. 46 W., c. 37, s. 42.
45. The Governor General may, by warrant signed by Governor may
the Secretary of State of Canada, or by such other officer as *ś,
is, from time to time, authorized by the Governor in Council, to any peni.
direct the removal of any convict from any one penitentiary *Y.
to another ; and the warden of the penitentiary having the Proceedings
custody of any convict so ordered to be removed, when re-in such “sº
quired so to do, shall deliver up the said convict to the con-
stable or other officer or person who produces the said war-
rant, together with a copy, attested by the said warden, of
the sentence and date of conviction of such convict as given
to him on reception of such convict into his custody; and
the constable or other officer or person shall give a receipt
to the warden for the convict, and shall thereupon, with all
convenient dispatch, convey and deliver up such convict,
with the said attested copy, into the custody of the warden
of the penitentiary mentioned in the warrant, who shall give
a receipt in writing for every convict so received into his
custody, to such constable or other officer or person, as his
discharge ; and the convict shall be kept in custody in the Detention of
penitentiary to which he is so removed, until his removal **
to another penitentiary, or until the termination of his sen-
tence, or until his pardon or release, or discharge by law.
46 W., c. 37, s. 43.
46. The sheriff, or other officer or person employed by Powers of
competent authority to convey any convict to any peniten. ...
tiary to which such convict is ordered to be taken, either veying con-
by sentence of a court or by order of the Secretary of State jºiary.
or other officer, as in the next preceding section mentioned,
may secure and convey him through any county or district
through which he has to pass in any of the Provinces of
Canada; and until the convict has been delivered to the
warden of such penitentiary, such sheriff, officer or person
shall, in all territorial divisions or parts of Canada through
which it may be necessary to convey such convict, have the
same authority and power over and with regard to such con-
61.3% 22 || 3
12
Chap. 182. Penitentiaries. ſº 49 WICT.
Assistance in
case of escape.
Power to con-
vey a convict
whose sen-
tence of death
has been com-
muted, and
effect of com-
mutation.
What shall be
sufficient
authority to
the warden in
Such case.
Juvenile
offenders
found incor-
rigible may
be removed
from reforma-
tory to peni-
tentiary.
vict, and to command the assistance of any person in pre-
venting his escape, or in recapturing him in case of an escape,
as the sheriff of the territorial division in which he was con-
victed would himself have, in conveying him from one part
of that division to another. 46 W., c. 37, s. 44.
47. If sentence of death has been passed upon any convict
by any court in Canada, and the Governor General, on behalf
of Her Majesty, has been pleased to commute such sentence
to imprisonment for life, or for any term of years, such com-
mutation shall have the same effect as the judgment of a
competent court legally sentencing such convict to such
imprisonment for life or other term, and the sheriff, or other
officer, or other person having such convict in custody, on
receipt of a letter from the Secretary of State or such other
officer as aforesaid, notifying him of the fact of such commu-
tation, and directing him to convey such convict to a peni-
tentiary therein named, shall forthwith convey such convict
thereto, and shall have the same rights and powers, in con-
veying such convict to such penitentiary, as if the convey-
ance took place by virtue of the sentence of a competent
court. 46 W., c. 37, s. 45.
48. A letter signed by the Secretary of State or such
other officer as aforesaid, notifying the warden of the fact of
the commutation of any sentence of death to imprisonment
for life or for a term of years, and of the term of years or life
term to which the sentence has been commuted, shall be
sufficient authority to the warden to receive such convict
into the penitentiary, and to deal with him as if he had
been sentenced by a competent court to confinement therein
for the period or life term in the said letter mentioned; and
it shall not be necessary, for the purpose of commuting such
sentence, or of authorizing the conveyance of a prisoner to
any penitentiary, or for his reception and detention therein
for the term to which such sentence is commuted, that the
warden should have in his possession a copy of any pardon.
46 W., c. 37, s. 46.
TRANSFER OF JUVENILE OFFENDERS FROM AND TO REFOR-
MATORY PRISONS.
49. If a juvenile offender has been ordered by competent
authority to be imprisoned in any reformatory prison, and
after being imprisoned therein has become incorrigible, and
is so certified by the warden and one of the chaplains, the
Lieutenant Governor of the Province in which the reforma-
tory prison is situate, by a warrant under his hand, addressed
to the warden of such reformatory prison, setting forth the
sentence or order under which the juvenile offender was im-
prisoned therein, and the fact that he is incorrigible, may
direct that such juvenile offender be removed to any péni-
2214 -
1886. Penitentiaries. Chap. 182. 13
tentiary named in the said warrant ; and the warden, or any
other officer of the prison, or any other person authorized by
him, shall have the same powers in conveying such juvenile
offender to such penitentiary as are hereinbefore given to a
sheriff or other person in like cases :
2. The warden of the penitentiary therein named shall And dealt
receive such juvenile offender and deal with him for the ... to
unexpired term of the sentence or order under which he the peniten-
was ordered to be imprisoned in such reformatory prison, as ".
if he had been sentenced to such penitentiary by a compe-
tent court : Provided, that together with the said offender, a Copy of sen-
copy of the said sentence or order, attested by the warden §: ºrder
of the reformatory prison, and also an order from the Lieu-livered.
tenant Governor, directing the warden of such penitentiary
to receive such juvenile offender, shall be delivered to the
warden of the penitentiary. 46 W., c. 37, s. 47.
W
50. The Governor General may, at any time, in his dis ºf
Cretion, by warrant under his hand, cause any convict in a jºy
penitentiary, whose sentence is for a term not less than two º lºans.
years, and who appears to the inspector to be under sixteen ºlor,
years of age, and susceptible of reformation, to be transferred, prison.
for the remainder of his term of imprisonment, to the re-
formatory prison, if there is one, of the Province where such
convict was sentenced, 46 W., c. 37, s.48.
TREATMENT OF CON VICTS.
51. The following general rules shall be observed in the General rules.
treatment of convicts in a penitentiary —
a.) Every convict shall, during the term of his confine- Clothing.
ment, be clothed, at the expense of the penitentiary, in suit-
able prison garments;
(b.) He shall be fed on a sufficient quantity of wholesome Food.
food ; -
(c.) He shall be provided with a bed and pillow with Bedding.
sufficient covering, varied according to the season ; and— -
(d.) He shall, except in case of sickness, be kept in a cell jºon-
by himself at night, and during the day when not employed. tº
46 W., c. 37, s.49.
52. Convict labor may be of two descriptions,— º
(a) Obligatory, that is to say: every convict, except during obligatory.
sickness or other incapacity, shall be kept constantly at hard
labor during at least ten hours, exclusive of hours for meals
or schools, of every day, except Sunday, Good Friday, Christ- Holidays.
mas Day, and such other days as the Governor General sets
apart for days of fasting or thanksgiving, and such days as
are designated in the rules made by the inspector in that be-
half; and the warden shall determine the kind of such labor;
but no convict professing the Roman Catholic faith shall be As to R. C.
compelled to labor on any of the obligatory holidays of his "***
2215
14
Chap. 182. Penitentiaries. 49 WICT.
Voluntary.
Over hours,
and payment
therefor.
Labor of con-
victs not to
be let out.
Female con-
victs to be
kept separate
and under
female offi-
Cel’S.
Penal cells
may be con-
structed.
Rules as to
rewards for
good conduct
and diligence.
Remission of
time within a
certain limit.
Provision for
increased
rates of re-
mission.
church,--that is to say, Circumcision, Epiphany, Annuncia-
tion, Corpus Christi, Saint Peter and Saint Paul, All Saints,
Conception and Ascension, or other festival days of obliga-
tion ;
(b.) Voluntary, that is to say: a convict of exemplary con-
duct may be allowed by the warden, if he sees fit, to work
over hours at such work as may be conveniently done in the
penitentiary, and at such rates as are fixed by the inspector,
the value of which overwork, at such rates, may either be paid
to the convict's family during his imprisonment, should he
so desire it, or be credited to him in the books of the peni-
tentiary, to be paid him on his discharge, subject, however,
to any general rules which the inspector makes upon the
subject : º
2. The convicts may be employed either in labor or at
trades under the control of the Crown ; but no labor shall be
let out to any company or private person. 46 W., c. 37, s. 50.
FEMALE PRISONERS.
53. The female convicts shall be kept separate and
secluded from the male convicts, and shall be under the
charge of a matron, with such and so many female officers
as the inspector, from time to time, sees fit to order to be
employed, reference being had to the number of such con-
victs and the kinds of work in which they are engaged.
46 W., c. 37, s. 51.
PENAI, CELLS.
54. The Governor in Council, whenever he deems it ex-
pedient, may order such and so many penal cells to be con-
structed at any penitentiary, as he sees fit. 46 W., c. 37, s. 52.
SHORTENING OF SENTENCE.
55. The inspector may, for the purpose of encouraging
convicts to good behavior, diligence and industry, and of
rewarding them for the same, make rules and regulations,
under which a correct record may be kept of the daily con-
duct of every convict in any penitentiary, noting his in-
dustry, diligence and faithfulness in the performance of his
work, and the strictness with which he observes the prison
rules, with a view to permit such convict, under the prison
rules, to earn a remission of a portion of the time for which
he is sentenced to be confined, not exceeding five days for
every month during which he is exemplary in industry,
diligence and faithfulness in his work, and does not violate
any of the prison rules:
2. When any convict has earned and has at his credit
any of the several numbers of days of remission hereinafter
respectively mentioned, he may be allowed, for every subse-
quent month during which his industry, diligence, faithful-
2216
1886. Penitentiaries. Chap. 182. 15
mess in his work and observance of the prison rules continue
satisfactory, the following increased rates of remission, that
is to say:— -
(a.) When he has thirty days' remission at his credit, seven When 30 days
days and one half day's remission may be allowed him for **
every month thereafter ; -
(b) When he has one hundred and twenty days' remission. When 120
at his credit, ten days' remission may be allowed him for ...”
every month thereafter :
3. If any convict, by reason of sickness or any other in- Remission in
firmity, not intentionally produced by himself, is unable to ...”
labor, he shall be entitled, by good conduct, to one-half the ``
remission from his sentence every month to which he would
otherwise be entitled:
4. Every convict who escapes, attempts to escape, breaks Forfeiture for
prison, attempts to break prison, breaks out of his cell, or .
makes any breach therein with intent to escape, or assaults
any officer or servant of the penitentiary, shall forfeit the
whole of such remission which he has earned. 46 W., c. 37,
ss. 54, 55 and 56, parts.
OFFENCES AND PENALTIES.
56. Every convict confined in any penitentiary, who Assaulting
assaults any officer or servant employed therein, is guilty "*
of an aggravated assault and liable to imprisonment in the
said penitentiary for a term not exceeding two years. 46 W.,
c. 37, s. 56, part.
57. The inspector shall draw up a list of prison offences, Inspector to
by way of general warning to the convicts as to their con- º of
duct in the prison, among which it shall specially be de- offences.
clared that no convict shall be permitted to speak to another No talking
convict upon any pretence whatsoever, nor to any officer or *
guard, or other servant of the institution, except with respect
to the work at which he is employed, and then only in the
fewest words possible and in a respectful manner: and such . ºting up
list shall be printed, and a copy of the same placed in every "
cell of the penitentiary. 46W., c. 37, s. 60. -
58. The inspector may, subject to the approval of the Inspector to
Minister of Justice, make and, from time to time, alter rules #;
for the discipline and correction of convicts confined in any correction.
penitentiary as hereinbefore provided; but in case any con- Corporal
vict is accused of having committed any offence which, if P*
proved, would be followed by the infliction of corporal pun-
ishment or a remand to the penal prison, where such penal 4.
prison is established, the warden shall investigate, under Investigation.
Oath, the facts of the case, before awarding such punishment
or remand, and make a minute of the evidence taken by him,
which shall be forwarded forthwith to the inspector; and Surgical cer-
no such punishment shall be inflicted unless the surgeon "***
2217
16 Chap. 182. Penitentiaries. 49 WIC; " .
of the penitentiary has certified that the prisoner is in a
Limited to 60 physical condition to bear such punishment, and unless the
lashes. surgeon is present during its infliction; and nöt more than
sixty lashes shall be inflicted upon any prisoner for any such
offence. 46 W., i. 37, s. 61. -
Bringing 59. Every offiºer, guard or servant of any penitentiary, or
money,
j let other person, who brings in or carries out, or endeavors to
ters, sº to bring in or carry out, or knowingly allows to be brought in
“” or carried out, to or from any convict, or carries to any con-
vict while employed outside the prison walls, any money,
clothing, provisions, tobacco, spirits, letters, papers or other
articles whatsoever, not allowed by the rules of the peni-
Penalty. tentiary shall, on summary conviction, be liable to a penalty
not exceeding one hundred dollars, or to imprisonment with
hard labor, for a term not exceeding three months. 46 W.,
c. 37, s. 59. -
TRESPASSES.
º 60. Every person who is found trespassing upon any
jº grounds, buildings, yards, offices or other premises whatso-
on penitºi ever, belonging or appertaining to any penitentiary, or who
ary grounds. *** * * t g
enters the same, not being an officer or servant of the peni-
tentiary, or authorized by the warden, shall, on summary
conviction for a first offence, be liable to a penalty not exceed-
ing ten dollars, and in default of payment to imprisonment,
Subsequent with or without hard labor, for a term not exceeding one
offence. month ; and for a subsequent offence to a penalty not exceed-
ing fifty dollars, and in default of payment to imprisonment
with or without hard labor, for a term not exceeding three
months. 46 W., c. 37, s. 62.
Penalty if 61. Every person who moors or anchors, or causes to be
... ºn moored or anchored, any raft, boat, vessel or craft of any kind
in 300 feet of within three hundred feet of the shore or wharf bounding
*...*.*na the lands of any penitentiary towards any lake, arm of the
ing peniten sea, bay or river, without the permission of the warden of
tiary. such penitentiary, shall, on summary conviction, be liable to
a penalty of twenty dollars, and in default of payment of
such penalty and costs, to imprisonment with hard labor, for
a term not exceeding two months; and the amount of such
penalty may be levied upon such raft, boat, vessel or craft,
in whomsoever the property thereof may be, as well as on
the offender's own goods and chattels. 46 W., c. 37, s. 63.
LIQUORS.
No spirits 62. No spirituous or fermented liquors shall be brought
†, into the penitentiary for the use of any officer or person
except for therein (except the warden or deputy warden, if the latter
* * is resident therein), or for the use of any convict confined
therein, except under the rules of the penitentiary ; and any
2218
;1886. . Penitentiaries. Chap. 182. . 17
person who gives any spirituous or fermented liquor, tobacco, Giving liquor
snuff or cigars, to any convict, except under the rules of the .”.
penitentiary, or conveys the same to any convict, shall incur victs.
a penalty of forty dollars, which shall be recoverable by the
warden before any court of competentjuris 'liction, and placed Penalty.
to the credit of the Minister of Finance and Receiver General.
46 W., c. 37, s. 64.
DISCHARGE OF CONWICTS.
68. No convict shall be discharged from a penitentiary Discharge, of
e e tº g e tº convicts at
on the termination of his sentence, or otherwise, if he is labor- ...º.es
ing under any contagious or infectious disease; or, unless at and under
his own request, during the months of November, December, .
8-> } 3 CumstanceS.
January, February or March, or if he is laboring under any
acute or dangerous disease; but such convict may remain
in the penitentiary until he recovers from such disease, or
until the first day of April following the termination of his
sentence : but a convict remaining from any cause in a
penitentiary after the termination of his sentence, shall be
under the same discipline and control as if his sentence were
still unexpired:
2. On the first day of April a list shall be made of all the ºl.
prisoners whose sentences have expired during the five pre- º:
ceding months, and who are still in prison, according to the
dates when their sentences expired; and according to such
order they shall be discharged, one convict on the said first
day of April, and one on every day thereafter, until the whole
are discharged:
3. Whenever the term of any prisoner's sentence expires on **
a Sunday, he shall be discharged on the Saturday preceding, Šunday.
unless he desires to remain until the Monday following:
4. Every convict under sentence for life, or for a term not gºing and
gº * & money to
less than two years, shall, upon his discharge, either by ex- jets dis-
piration of sentence, or otherwise, be furnished, at the expense charged.
of the penitentiary, with a suit of clothing other than prison
clothing, and with such sum of money as is sufficient to pay
his travelling expenses to the place at which he received his
sentence, and such other sum in addition, not exceeding
twenty dollars, as the warden deems proper; and if any sum Money for
remains at his credit for earnings for overwork, such sum * *
shall be paid to him at such times, and in such amounts, as As to convict
the prison rules direct; but if the warden is of opinion that ..."."
a convict, on being discharged, does not intend bond ſide to conviction.
return to the place at which he received his sentence, but
intends to go to some other place, Inearer to the penitentiary,
such convict shall be furnished with such less sum of money
as is, in the warden's opinion, sufficient to pay his travelling
expenses to such nearer place. 46 W., c. 37, s. 65.
PRISONERS’ EFFECTS,
64. Every article found upon the person of a convict at A.
& e & * º g tº g Oll 11 (1 O]] COIl-
the time of his reception into the penitentiary, which is com-º.
2219
18
Chap. 182. Penitentiaries. 49 WICT.
to be kept
for him.
May be sold if
he desires to
dispose of
them.
Coroner to
hold inquest
in certain
C8,SeS.
Admittance
of coroner
and jury.
How the body
of convict
shall be dis-
posed of.
Kingston
penitentiary
insane Ward.
Surgeons to
report cases
of insanity
among con-
victs.
sidered worth preservation, shall be taken from him, and a
description thereof entered in a book kept for that purpose;
and if the convict does not see fit otherwise to dispose of it
at the time, it shall be carefully put away until the day of
his discharge, when it shall be delivered up to him again in
the state in which it then is ; but the warden shall not be
liable for any deterioration which takes place in such article
in the interval: -
2. If, at the time of his reception, the convict desires to
dispose of any such article, and it is so disposed of, a memo-
randum of the fact shall be noted in the said book, and signed
by the proper officer who has charge thereof, and also by
the convict; and any money received therefor shall be placed
to his credit. 46 W., c. 37, s. 66.
CORONERS’ INQUESTS.
65. If a convict dies in a penitentiary, and the inspector,
warden, surgeon or chaplain has reason to believe that the
death of such convict arose from any other than ordinary
causes, he shall call upon a coroner having jurisdiction to
hold an inquest upon the body of such deceased convict ;
and upon such requisition by one or more of the officers
above named, the said coroner shall hold such inquest, and,
for that purpose, he and the jury, and all other persons neces-
sarily attending such inquest, shall have admittance to the
prison. 46 W., c. 37, s. 67.
DECEASED CONWICTS.
66. The body of every convict who dies in a penitentiary
shall, if claimed by his relatives, be given up to and shall be
taken away by them ; but if not so claimed, the body may be
delivered to an inspector of anatomy, duly appointed under
any Act authorizing such appointment, or to the professor
of anatomy in any college wherein medical science is taught ;
or if not so delivered, shall be decently interred at the ex-
pense of the penitentiary. 46 W., c. 37, s. 68.
INSANE CONWICTS.
67. The Governor in Council may direct the warden of
the Kingston Penitentiary to set apart a portion thereof for
the reception, confinement and treatment of insane convicts;
and the portion so set apart shall be used for such purposes
accordingly, and shall be known as the ward for the insane.
46 W., c. 37, s. 69.
68. If at any time it appears to a surgeon of a peniten-
tiary that any convict confined therein is insane and Ought
to be removed to the ward for the insane, he shall report
the same in writing to the warden, and on such report the
warden shall forth with remove such convict to the ward for
the insane. 46 W., c. 37, s. 70.
2220
1886. Penitentiaries. Chap. 182. 19
69. If, at any time before the termination of the sentence ºf i. COIl-
of such convict, it is certified to the warden by the surgeon *comes
that such convict has recovered his reason, and is in a fit
state to be removed from the ward for the insane, the warden
shall remove such convict therefrom. 46 W., c. 37, s. 71.
70. If the term of imprisonment of any convict expires º
while detained as insane in the ward for the insane, he may tºires.
continue to be detained therein pending the proceedings
authorized by this Act; and in such case the surgeon shall
forthwith certify to the warden whether the person is same
or insane. 46 W., c. 37, ss. 72 and 73.
71. If the surgeon certifies that such person is sane, he Discharge, if
shall be forthwith discharged. 46 W., c. 37, s. 74. S8,119.
72. If the surgeon certifies that the person is insane, the jº
warden shall report the fact to the inspector ; and the Sec- jº.
retary of State shall thereupon communicate the fact to the same convict:
Lieutenant Governor of the Province within which the per-
son was sentenced, so that he may be removed to a place of
safe keeping :
2. The Lieutenant Governor may, thereupon, order the Lt. Governor
removal of the person to a place of safe keeping within the ..."
Province, and he shall, upon such order, be delivered to the
person therein designated, for transport to such place, and
he shall remain and be detained there or in such other place
of safe keeping as the Lieutenant Governor, from time to
time, orders, until it appears to the Lieutenant Governor
that he is of sound mind, when the Lieutenant Governor
may order him to be discharged; but if, at any time after his Further f
removal to such place of safe keeping, and before his com- i.at
plete recovery, the Lieutenant Governor thinks fit to order Governor.
that he shall be given up to any person by him named, he
shall be given up accordingly. 46 W., c. 37, SS. 75 and 76.
73. If the Lieutenant Governor of the Province within Provision if
which any such person was sentenced has made arrange-ºff.”
ments with the Lieutenant Governor of the Province of made for safe
Ontario for the safe keeping of any such person in Ontario, ...; º
and such arrangements have been communicated to the Ontario.
Secretary of State by the Lieutenant Governors of the Pro-
vinces concerned, the Secretary of State shall, in the case of
any such person, communicate, under the next preceding
section, with the Lieutenant Governor of Ontario, who shall,
in such cases, have all the powers thereby given :
2. If the Lieutenant Governor does not, within two months Proyision iſ.
after the Secretary of State has communicated, as provided ...: º:
by the next preceding section, cause the person to be removed vide for re-
under the provisions thereof, the Secretary of State may, on ".
the recommendation of the Minister of Justice, direct the
convict to be removed for safe keeping to the gaol in which
2221
20
Chap. 182 Penitentiaries. 49 WICT.
Question of
sanity, how
decided.
he was last confined previous to his transfer to the peniten-
tiary, or to any other gaol in the Province within which he
was sentenced; and, after such removal, all the provisions
of the next preceding section shall apply to his case. 46 W.,
c. 37, ss. 77 and 78.
74. If any question arises as to the sanity of any convict,
the Minister of Justice may order an inquiry and report to
be made by one or more medical men, in conjunction with
the surgeon, and may, upon such report, direct such action
a.S ; necessary to carry out the provisions of this Act. 46 W.,
c. 37, s 79.
SCHEDULE.
Warden, not exceeding......................................... $3,000
and not less than...................................... $1,000
Deputy Warden, not exceeding..................................... 1,400
and not less than......................................... 600
Chief Keeper, not exceeding............................................ 900
and not less than.................................... 500
Chaplain, not exceeding........... … 1,200
and not less than............. .................... 400
Assistant Chaplain, not exceeding................. 500
and not less than............................................... 300
Surgeon, not exceeding................................................ 1,800
and not less than............................................. 400
Accountant, not exceeding............................................. 1,000
and not less than............................................... 500
Schoolmaster, not exceeding.......................................... 600
and not less than................................................ 250
Storekeeper, not exceeding............................................ 900
and not less than............................................. 400
Steward, not exceeding................................................... 700
and not less than............................................. 400
(If the offices of Steward and Storekeeper
are combined, the salary may be that of
the Storekeeper).
Chief Trade Instructor, not exceeding......................... 1,100
and not less than.......................................... 700
Trade Instructor, not exceeding.................................. 750
and not less than........................................ 500
Hospital Keeper, not exceeding..................................... 750
and not less than............................................... 500
Engineer, not exceeding.............................................. 900
and not less than................................................ 500
Farmer and Gardener, not exceeding............................ 650
and not less than........ … 500
Keeper, not exceeding........................................... 600
and not less than..................................... 400
1886. Penitentiaries.
21
Chap. 182.
Guard, not exceeding...................................
and not less than............................................
tº e º e º g º º º º
Messenger, not exceeding..............................................
and not less than..............................................
Teamster, not exceeding.................................................
and not less than..........
Other male servants, not exceeding per day................
Matron, not exceeding.................................................
and not less than.........................................
Deputy Matron, not exceeding.......................
and not less than..............................................
Assistant Deputy Matron, not exceeding........
and not less than..............
Schoolmistress, not exceeding. º
and not less than....................................º º
46 W., c. 37, schedule A.
$600
600
400
550
350
250
250
OTTAWA : Printed by BR.own CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2223
* A
CHAPTER 183.
An Act respecting Public and Reformatory Prisons. A. D. 1886.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:— -
1. In this Act, unless the context otherwise requires, the Hºpeta-
expression “Lieutenant Governor’ means the Lieutenant tº fieutenant
Governor in Council. “Governor.”
PART I.
INSECURE PRISONS.
2. The Lieutenant Governor of any Province of Canada Lt.-Governor
may, by proclamation published in the official Gazette of . sºil.
the Province, and in the Canada Gazette, declare that the boring gaol
common gaol of any district, county or place in such Prov- ...e.
ince is insecure, and may name the gaol of any adjoining dis-
trict, county or place as the gaol to which offenders within
such first mentioned district, county or place, may, from
and after a time stated, be committed or sentenced. 40 W.,
c. 37, s. 1.
z
3. The Lieutenant Governor may, after the issue of such Transfer of
proclamation, from time to time, direct the sheriff to transfer ...”
such of the prisoners then confined in such insecure gaol, as gaol.
the Lieutenant Governor thinks proper, to the gaol so named
as aforesaid; and such order shall be a sufficient authority
to the respective sheriffs and officers to deliver and receive,
and to the keeper of such last mentioned gaol to detain -*
therein, any such prisoner, according to the exigency of the
warrant or sentence under which he was confined in such
insecure gaol. 40 W., c. 37, s. 4.
4. During the continuance of such proclamation, any per- Effect of such
son who would otherwise be committed to or sentenced to rº
imprisonment in the common gaol so declared insecure, shall who would
be committed to or sentenced to imprisonment in the gaol :*
named in the proclamation for the purpose, and the respec- the insecure
tive sheriffs and officers shall have authority to deliver and **
receive such person ; and a warrant directed to the gaoler
of the insecure gaol shall be a sufficient authority for the
gaoler of the gaol so named as aforesaid to detain in such


22.25
2
Chap. 183. Public and Reformatory Prisons. 49 WICT.
As to place of
trial of pri-
Somers in
substituted
gaol, &c.
Powers of
court and
judges.
Proclamation
Superseding
that first
issued.
Re-transfer of
prisoners in
consequence.
\
Lt.-Governor
in Council
may make
regulations.
And may
then autho-
rize employ-
ment ºp
prisoners out-
side of gaols.
-*.
gaol the person named in such warrant, according to the
exigency of the warrant, or until he is removed, as is here-
inafter provided. 40 W., c. 37, s. 2.
5. Every person so confined in the gaol named in such
proclamation, may be tried in the district, county or place
in the gaol whereof he is confined, unless the judge, or other
person presiding at the court at which it is proposed to try
such person, or a judge of a court having jurisdiction to try
the offence, otherwise directs; and the court of general gaol
delivery or General Sessions of the Peace, or other court
having like powers, held in such district, county or place,
and every judge presiding thereat, shall have jurisdiction
to make, in reference to any person committed in default of
sureties for good behavior, or to keep the peace, the like
order as such court or judge might. make if the court was
being held in the district, county or place in which such per-
son was committed. 40 W., c. 37, s. 3.
6- The Lieutenant Governor may, at any time, by his
proclamation published in the official Gazette of the Prov-
ince, and in the Canada Gazette, declare that any proclama-
tion issued under the second section of this Act, shall, from
and after a time stated, cease to have effect; and such pro-
clamation shall cease to have effect accordingly. 40 W., c. 37,
S. 5.
7. The Lieutenant Governor may, after the issue of such
last mentioned proclamation, direct the sheriff to transfer
so many of the prisoners then confined in the gaolso named
as aforesaid, as the Lieutenant Governor thinks proper, to
the gaol of the district, county or place in which, but for the
operation of the preceding sections, such prisoners would
have been confined ; and such order shall be sufficient
authority to the respective sheriffs and officers to deliver
and receive, and to the keeper of such last mentioned gaol to
detain therein, any such prisoners, according to the exigency
of the warrant or sentence under which they were originally
confined. 40 W., c. 37, s. 6.
EMPLOYMENT OF FIRISONERS.
S. The Lieutenant Governor of any Province may, from
time to time, make regulations for the purpose of prevent-
ing escapes and preserving discipline in the case of prisoners
in any common gaol, employed beyond the limits thereof.
40 W., c. 36, s. 1.
9. After such regulations are made, the Lieutenant Gov-
ernor may, from time to time, direct or authorize the em-
ployment, upon any specific work or duty, beyond the limits
of any common gaol, of any prisoner who is sentenced to
2226
I886. Public and Reſormatory Prisons. Chap. 183. 3
be imprisoned with hard labor in such gaol, for any offence
against any law of Canada. 48-49 W., c. 81, s. 1.
10. Every such prisoner shall, during such employment, #;"..
be subject to such regulations and to all the rules, regula- jh.
tions and discipline of the gaol, so far as applicable. 40 W.,
c. 36, s. 3.
11- No such prisoner shall be so employed, except under Supervision.
the strictest care and supervision of officers appointed to
that duty. 40 W., c. 36, s. 4.
12. Every street, highway or public thoroughfare of any . .
kind, along or across which prisoners pass in going to or º: “
returning from their work, and every place where they are part of gaol.
so employed, shall, while so used, be considered as a portion
of the gaol; and any escape or attempt at escape, and any
rescue or attempt at rescue, made on such street, highway
or thoroughfare, shall be held to have been made within or
from such gaol. 40 V. c. 36, s. 5.
IMPROVEMENT OF PRISON DISCIPLINE.
13. If, in any Province, there is at any time a prison of 9...a
such a character as to render practicable the application of i.i.
the three sections next following to such Province, and if next follºw-
the Lieutenant Governor makes rules for keeping a correct j º
record of the daily conduct of every prisoner in such prison, fºrce in any
noting his behavior, industry, diligence and faithfulness,”
and the strictness with which he observes the prison regu-
lations, and if such prison, and the rules so made, are, by
the Governor in Council, declared adequate, the Governor
in Council may, by proclamation published in the Canada
Gazette, reciting the premises, and describing the prison,
declare such sections in force within such Province from
and after a day named in such proclamation. 40 W., c. 39,
SS. 1 and 5.
14- Any judge sentencing any prisoner to imprisonment Power to
in any prison named in the proclamation in the next pre- łºś.
ceding section mentioned, may sentence such prisoner for prisoner in
a term not more than one sixth longer than the maximum *****
term at present prescribed by law for the offence; and any
such sentence Inay be carried out in such prison, although
it is for any term not exceeding two years and four months.
40 W., c. 39, s. 2.
15- Every prisoner sentenced to such prison shall be en- Prisoner may
titled to earn a remission of a portion of the time for which . ºf
he is sentenced, not exceeding five days for every month sentence.
during which he is exemplary in behavior, industry and
faithfulness, and does not violate any of the prison rules ;
62% 2227
Chap. 183. Public and Reformatory Prisons. 49 WICT.
Forfeiture of
remission in
Certain cases.
Provisions
applicable to
Ontario.
Interpreta-
tion.
** Court.”
Imprisonment
in the Central
Prison.
Transfer of
prisoners to
the Central
Prison.
Transfer
although im-
prisonment is
and if prevented from labor by sickness, not intentionally
produced by himself, he shall be entitled to earn, by good.
conduct, a remission not exceeding two and one half days.
for every such month. 40 W., c. 39, s. 3.
16- Every such prisoner who commits any breach of the
laws or of the prison regulations shall, besides any other
penalty to which he is liable, be liable to forfeit the whole
or any part of any remission which he has so earned. 40W.,
c. 39, s. 4. * . w -
PART II.
ONTAIRIO.
17. The provisions of sections eighteen to forty-eight both
inclusive, being Part two of this Act apply only to the Pro-
Vince of Ontario. 43 W., c. 39, s. 16, part, and c. 40, s. 10, part.
18- In this part of this Act, the expression “court” in-
cludes a police or stipendiary magistrate, but does not in-
clude one or more justices of the peace. 43 W., c. 39, s. 2, and
c. 40, s. 2;-44 W., c. 32, s. 1, part, and s. 6, part.
The Central Prison for the Province of Ontario.
19. Every court in the Province of Ontario, before which
any person is convicted for an offence against the laws of
Canada, punishable by imprisonment in the common gaol,
for the term of two months, or for any longer time, may
sentence such person to imprisonment in the central prison
for the Province of Ontario, instead of the common gaol of
the county or judicial district where the offence was com-
mitted, or was tried. 44 W., c. 32, s. 6, part.
20. Every person confined in any one of the common
gaols of the said Province, under sentence of imprisonment
for any offence, may, by direction of the Provincial Secretary,
be transferred from such common gaol to such central
prison, there to be imprisoned for the unexpired portion of
the term of imprisonment to which such person was origin-
ally sentenced or committed to such common gaol; and such
person shall thereupon be imprisoned in such central prison
for the residue of such term, unless in the meantime he is
lawfully discharged or removed, and shall be subject to all
the rules and regulations of such central prison. 36 W.,
c. 69, s. 2.
21. Such person may be removed to the central prison,
notwithstanding such imprisonment, or any part thereof, is
imposed in default of the payment of a fine or penalty in
2228
1886. Public and Reformalary Prisons. Chap. 183. 5
money, and that such person is entitled to be discharged .º.
upon payment of such fine or penalty : Ille 11t Of Ill].62,
2. If the fine or penalty is paid after the removal of the If fine is paid
offender, the same shall be paid to the proper officer of such "“”
prison, to defray the expenses of the removal of the said
offender to such prison, and otherwise for the uses of such
prison ; but nothing herein contained shall affect the right
of any private person to such fine or penalty, or any part
thereof. 44 V., c. 32, s. 5.
22. The warden of the central prison shall receive into Warden to re-
te - - ..ſºſ." e º ceive and
the said prison every offender legally certified to him as ājºren-
sentenced to imprisonment therein; and shall detain him, ders.
subject to all the rules, regulations and discipline thereof,
until the term for which he has been sentenced is com-
pleted, or until he is otherwise dischanged in due course of
law. 36 W., c. 69, s. 3.
23. The Lieutenant Governor may, from time to time, Employment
authorize, direct or sanction the employment upon any spe: ||..."
cific work or duty, without or beyond the walls or limits of without the
such central prison, of any of the prisoners confined or sen- "*"
tenced to be imprisoned therein; and all such prisoners
shall, during such last mentioned employment, be subject
to all the rules, regulations and discipline of such prison,
so far as the same are applicable, and to such other regula-
tions, for the purpose of preventing escapes, and otherwise,
as are approved by the Lieutenant Governor in that behalf:
Provided, that when prisoners are so employed without the
walls or limits of such prison, it shall only be done under
the strictest care and supervision of officers appointed to
that duty. 36 W., c. 69, s. 4.
24. The Lieutenant Governor may, from time to time, by Transfer ºf
- - -: º prisoners to
warrant signed by the Provincial Secretary, or by such ... g.o.
other officer as is authorized by the Lieutenant Governor in
that behalf, direct the removal of any offender from the cen-
tral prison to the Ontario reformatory for boys, or from the
central prison to the common gaol of the county in which
he was sentenced, or to any other gaol, or from the said
reformatory to the said central prison. 48-49 W., c. 79, s. 1.
Ontario Reformatory for Boys.
25. If any boy, who, at the time of his trial, appears to What offen-
the court to be under the age of sixteen years, is convicted ...'.
of any offence for which a sentence of imprisonment for a the Ontario
period of three months or longer, but less than five years, Fºº
may be imposed upon an adult convicted of the like offence, º
and the court before which such boy is convicted is satisfied
that a due regard for the material and moral welfare of the
boy manifestly requires that he should be committed to the
62.3% - 2229
6
Chap. 183. Public and Reformatory Prisons. 49 WICT.
As to term of
imprison-
Ament.
Hu certain
cases offen-
ders sum-
marily con-
victed may
be sentenced
to such refor-
matory.
Detention for
purposes of
reform.
Commitment
of boy to gaol
until convey-
ed to reforma-
tory.
If the boy is
in bad health.
Ontario reformatory for boys, then such court may sentence
the boy to be imprisoned in such reformatory for such term
as the court thinks fit, not being greater than the term of
imprisonment which could be imposed upon an adult for
the like offence; and may further sentence such boy to be
kept in such reformatory for an indefinite time after the
expiration of such fixed term : Provided, that the whole
period of confinement in such reformatory shall not exceed
five years from the commencement of his imprisonment.
43 W., c. 39, s. 1, part.
26- If any boy, apparently under the age of sixteen years,
is convicted of any offence punishable by law on summary
conviction, and thereupon is sentenced and committed to
prison in any common gaol for a period of fourteen days at
the least, any judge ºf any one of the superior courts, or any
judge of a county court, in any case occurring within his
county, may examine and inquire into the circumstances of
such case and conviction, and when he considers the material
and moral welfare of the boy requires such sentence, he
may, as an additional sentence for such offence, sentence
such boy to be sent either forth with or at the expiration of
his imprisonment in such gaol, to such reformatory, to be
there detained for the purpose of his industrial and moral
education, for an illdefinite period, not exceeding in the
whole five years, from the commencement of his imprison-
ment in the common gaol. 43 W., c. 39, s. 3.
27. Every boy so sentenced shall be detained in such
reformatory until the expiration of the fixed term, if any, of
his sentence, unless sooner discharged by lawful authority,
and thereafter shall, subject to the provisions hereof and to
any regulations made, as hereinafter provided, be detained
in such reformatory for a period not to exceed five years
from the commencement of his imprisonment, for the pur-
pose of his industrial and moral education. 43 W., c. 39, s. 4.
28. A copy of the sentence of the court, duly certified
by the proper officer, or the warrant or order of the judge
or other magistrate by whom any boy is sentenced to con-
finement in such reformatory, shall be a sufficient authority
to the sheriff, constable or other officer who is directed,
verbally or otherwise, so to do, to convey such boy to the com-
mon gaol of the county where such sentence is pronounced,
and for the gaoler of such gaol to receive and detain such
boy, until some person, lawfully authorized, requires the
delivery of such boy for removal to the reformatory. 43 W.,
c. 39, s. 6.
29. If any boy sentenced to be confined in such reforma-
tory is in such a weak state of health that he cannot safely
or conveniently be removed to the reformatory, he may be
2230
1886. Public and Reformatory Prisons. Chap. 183.
7
detained in the common gaol or other place of confinement
in which he is, until he is sufficiently recovered to be
safely and conveniently removed to the reformatory. 43 W.,
c. 39, s. 7.
30. No boy shall be discharged from such reformatory at As to dis-
the termination of his term of confinement, if then laboring tº:
under any contagious or infectious disease, or under any health.
acute or dangerous illness, but he shall be permitted to re-
main in such reformatory until he recovers from such disease
or illness : Provided, that any boy remaining in such refor- Proviso.
matory for any such cause shall be under the same disci-
pline and control as if his term was still unexpired. 43 W.,
c. 39, s. 13.
The Andrew Mercer (Ontario) Reformatory for Females.
31. Every court in the Province of Ontario, before which When females
any female is convicted of an offence against the laws of ..."
Canada, punishable by imprisonment in the common gaol Andrew Mer-
for the term of two months, or for any longer time, may sºme
sentence such female to imprisonment in the Andrew Mercer
(Ontario) reformatory for females, instead of the common gaol
of the county or judicial district where the offence was com-
mitted or was tried. 44 V., c. 32, s. 1, part. -
32. Any female, from time to time, confined in any com-Transfer of
mon gaol in the said Province, under sentence of imprison- ;”.
ment for any offence against the laws of Canada, may, by tory.
direction of the Provincial Secretary, be transferred from
such common gaol to such reformatory, to be imprisoned
for the unexpired portion of the term of imprisonment to
which such female was originally sentenced or committed
to the common gaol; and such female shall thereupon be
imprisoned in such reformatory for the residue of the said
term, and shall be subject to all the rules and regulations of
the reformatory. 44 W., c. 32, s. 2.
33. Any female so sentenced to imprisonment may be Transfer ,
removed to such reformatory, notwithstanding such im- *:::::",
prisonment, or any part thereof, is imposed in default of for non-pay-
the payment of a fine or penalty in money, and that such "****
offender is entitled to be discharged upon payment of such
fine or penalty:
2. If the fine or penalty is paid after the removal of the ſº
offender, the same shall be paid to the proper officer of such subsequently.
reformatory, to defray the expense of the removal of the said
offender to such reformatory, and otherwise for the uses of
such reformatory; but nothing herein contained shall affect
"the right of any private person to such fine or penalty, or
any part thereof. 42 W., c. 43, s. 3.
2281
8
Chap. 183. Public and Reformatory Prisons. 49 WICT.
\
Term of im-
prisonment in
certain cases.
Conveyance
of prisoners.
Superinten-
dent to re-
ceive and
detain offend-
Cl’S.
Transfer of
prisoners to
common gaol.
Delivery of
offender to
the proper
officer.
$4. Whenever any female is convicted under the eighth
section of the “Act respecting Offences against Public Morals
and Public Convenience,” or, under “The Summary Trials Act,”
she may be sentenced to the said reformatory for any term
less than two years; but if any term exceeding six months
is inflicted, no fine shall be imposed in addition, 44W.,
C. 32, s. 3. - g - -
85- Any officer appointed by the Lieutenant Governor, or
other officer or person, by his direction or by direction of
the court or other lawful authority, may convey to such
reformatory any convict sentenced, or liable to be imprison-
ed therein, and deliver her to the superintendent or keeper
thereof, without any further warrant than a copy of the
sentence, taken from the minutes of the court before which
the offender was tried, and certified by a judge or the clerk
or acting clerk of such court. 42W., c. 43, s. 7.
86. The superintendent of the reformatory shall receive
into the same every offender legally certified to her as sen-
tenced to imprisonment therein, and shall there detain her,
subject to all the rules, regulations and discipline thereof,
until the term for which she has been sentenced is com-
pleted, or until she is otherwise discharged in due course of
law. 42 W., c. 43, s. 8.
37. The Lieutenant Governor may, from time to time,
by warrant signed by the Provincial Secretary, or by such
other officer as is authorized by the Lieutenant Governor in
that behalf, direct the removal from such reformatory back
to the common gaol, or to any other gaol in Ontario, of any
person removed to such reformatory under this Act. 42 W.,
c. 43, s. 9. -
38. The superintendent of such reformatory, or the keeper
of any common gaol, having the custody of any offender
ordered to be removed, shall, when required so to do, deliver
up to the constable or other officer or person who produces
the said warrant, such offender, together with a copy, at-
tested by the said superintendent or gaoler, of the sentence
and date of conviction of such offender, as given on the
reception of the offender into the custody of such super-
On conviction
for certain
offences girls
may be sen-
tenced to In-
dustrial
JRefuge.
intendent or keeper. 42 W., c. 43, s. 10.
The Industrial Refuge for Girls.
39. If any girl who at the time of her trial appears to
the court to be under the age of fourteen years, is convicted
of any offence for which a sentence of imprisonment for a
term of one month or longer, but less than five years, may
be imposed upon an adult convicted of the like offence, and
the court before which the girl is convicted is satisfied that
2232
1886. Public and Reformatory Prisons. Chap. 183.
a due regard for her material and moral welfare manifestly
requires that she should be committed to the Industrial
Refuge for Girls of Ontario, such court may sentence such
girl to be imprisoned in the Andrew Mercer (Ontario) refor-
matory for females, for such fixed term as the court thinks
fit, not being greater than the term of imprisonment which
could be imposed upon an adult for the like offence, and
may further sentence the said girl to be kept in such indus-
trial refuge for girls for an indefinite time after the expira-
tion of such fixed term : Provided, that the whole term of
confinement in such reformatory and industrial refuge shall
not exceed five years from the commencement of her im-
prisonment. 43 W., c. 40, s. 1, part.
40. If any girl apparently under the age of fourteen years,
is convicted of any offence punishable by law on summary
conviction, and thereupon is sentenced and committed to
prison in any common gaol for a term of fourteen days at
the least, any judge of one of the superior courts, or any
judge of a county court, in any case occurring within his
county, may examine and inquire into the circumstances
of such case and conviction, and if he considers the material
and moral welfare of the girl requires it, he may, as an
additional sentence for such offence, sentence such girl to
be sent either forth with, or at the expiration of her imprison-
ment in such gaol, to such industrial refuge for girls, to be
there detained for the purpose of her industrial and moral
education for an indefinite period, not exceeding in the
As to term of
imprison-
ment.
In certain
cases offen-
ders sum-
marily con-
victed may be
sentenced to
such refuge.
whole five years from the commencement of her imprison-
ment in the common gaol. 43 W., c. 40, s. 3.
41. Every girl so sentenced shall be detained in such
reformatory until the expiration of the fixed term of her
sentence, unless sooner discharged by lawful authority; and
such girl thereafter shall, and every girl sentenced under
the next preceding section shall, subject, in both cases, to
the provisions hereof, and to any regulations made as here-
inafter provided, be detained in such industrial refuge for
girls for a term not to exceed five years from the commence-
ment of her imprisonment, for the purpose of her industrial
and moral education. 43 W., c. 40, s. 4.
General Provisions.
42. Any sheriff or other person having the custody of
any offender sentenced to imprisonment in the said central
prison or either of the said reformatories, may detain the
offender in the common gaol of the county or district in
which such offender is sentenced, or other place of confine-
ment in which such offender is, until some person lawfully
authorized in that behalf requires such offender's delivery
for the purpose of being conveyed to such prison or either
Detention for
purposes of
reform.
Detention in
gaol until
demanded by
proper
authority.
º 2233
10
Chap. 183. Public and Reformatory Prisons. 49 Vict.
If offender is
certified to be
in weak
health.
Computation
of time in such
căSeS.
of such reformatories. 38 W., c. 46, s. 1;-42 W., c. 43, S. 4;-
43 W., c. 39, s. 5. -
43. If the gaol surgeon, or other medical practitioner
acting in that behalf, certifies that any offender sentenced
to the central prison or to the Andrew Mercer (Ontario)
reformatory for females, is in such a weak state of health.
that such offender is unable to perform hard labor, such
offender may be detained in the common gaol or other place
of confinement in which such offender is, until such offender
is sufficiently recovered to be employed at hard labor. 38 W.,
c. 46, s. 2;-42 W., c. 43, s. 5.
44. The time for which any person, sentenced to im-
prisonment in the central prison or in the Andrew Mercer
(Ontario) reformatory for females, is held in custody under
the provisions of the two sections next preceding, shall be
reckoned in computing the time served by such person in
If term ex-
pires on Sun-
day.
Apprentice-
ship of juven-
ile offenders.
Discharge on
probation in
such case.
As to wages.
such prison or reformatory. 38 W., c. 46, s. 3;-42 W., c. 43,
s. 6.
45. Whenever the time of any offender's sentence in.
such prison, reformatories or refuge, under any law within.
the legislative authority of the Parliament of Canada, ex-
pires on a Sunday, such offender shall be discharged on the
previous Saturday, unless such offender desires to remain.
until the Monday following. 36 V., c. 69, s. 6;-42 W.,
c. 43, s. 11;-43 W., c. 39, s. 12.
46. If any respectable and trustworthy person is will-
ing to undertake the charge of any boy committed to the
Ontario Reformatory for Boys, when such boy is over the
age of twelve years, or of any girl committed to the In-
dustrial Refuge for Girls, as an apprentice to the trade.
or calling of such person, or for the purpose of domestic:
service, and such boy or girl is confined to the refor-
matory or refuge by virtue of a sentence or order pro-
nounced under the authority of any Act of the Parliament
of Canada, the superintendent of the reformatory or refuge
may, with the consent and in the name of the inspector of
prisons and public charities of Ontario, bind the said boy
or girl to such person for any term not to extend, without
his or her consent, beyond a term of five years, from the
commencement of his or her imprisonment; and the in-
spector shall thereupon order that such boy or girl shall be
discharged from the said reformatory or refuge on probation,
to remain so discharged, provided his or her conduct during
the residue of the term of five years, from the commence-
ment of his or her imprisonment, continues good, and such
boy or girl shall be discharged accordingly : Provided, that
any wages reserved in any indenture of apprenticeship made
under this section shall be payable to such boy or girl, or
to some other person for his or her benefit:
2234
1886. Public and Reformatory Prisons. Chap. 183. 11.
2. No boy or girl shall be discharged under this section ºnºtion of
until after the fixed term of his or her sentence has elapsed, ..."
unless by the authority of the Governor General. 43 W.,
c. 39, ss. 8 and 9;-43 W., c. 40, ss. 5 and 6.
47. The Governor in Council may make such regulations Regulations
as he considers advisable for the discharge, after the expira- ºr
tion of the fixed term of sentence, of prisoners confined in
such reformatory or refuge under any Act of the Parliament
of Canada; and such discharge may be either absolute or
upon probation, subject to such conditions as are imposed
under the authority of the said regulations. 43 W., c. 39,
S. 10;-43 W., c. 40, s. 7.
48. The judge of any county court or any police magis-Re-commit-
trate may, upon satisfactory proof that any boy or girl who ...}.
was sentenced under the provisions of any Act of the Parlia- ditions of dis-
ment of Canada, and who has been discharged on probation, *
has violated the conditions of his or her discharge, order
such boy or girl to be recommitted to such reformatory or
refuge, and thereupon such boy or girl shall be detained
therein under his or her original sentence, as if such boy or
girl had never been discharged. 43 W., c. 39, s. 11, and c. 40,
s. 8.
PART III.
QUEBEC.
Reformatory Schools for Boys.
49. The provisions of sections fifty to sixty, both in- Provisions
clusive, being Part three of this Act, apply only to the Pro- º to,
vince of Quebec. 32-33 W., c. 34, s. 10, part.
50- Every person apparently under the age of sixteen Offenders
years, who is convicted before any court of criminal juris- sº, be
diction or before any judge of the Sessions of the Peace, sent to Refor-
recorder, district or police magistrate, of any offence for .
which he would be liable to imprisonment, may be sen-
tenced, on such conviction, to be detained in a certified
reformatory school for any term not less than two years
nor more than five years, or he may be sentenced to be first
imprisoned in the common gaol for a term not in any case
exceeding three months, and at the expiration of his sen-
tence, to be sent to a certified reformatory school, and to be
there detained for a term of not less than two years and
not more than five years. 32-33 W., c. 34, s. 2.
51. The Lieutenant Governor may, at any time, in his Power to
discretion, order that any offender détained in such reform- *
atory school, under a summary conviction, be discharged.
32-33 W., c. 34, s. 3.
2235
12.
Chap. 183. Public and Reformatory Prisons. 49 WICT.
Removal of
incorrigibles.
52. The Lieutenant Governor may, at any time, on the
report of one of the inspectors of prisons for the Province of
Quebec, order any offender undergoing sentence in any cer-
tified reformatory school, on a conviction for felony, to be
removed as incorrigible ; and in any such case, the offender
shall be imprisoned in the penitentiary for the remainder of
the term of his sentence. 32-33 W., c. 34, s. 4.
Detention of
offenders
under 16
years pre-
vious to trial.
JPunishment
of persons
breaking the
rules of
reformatory
schools.
53- A person apparently under the age of sixteen years,
arrested on a charge of having committed any offence not
capital, shall not, while awaiting trial for such offence, be
detained in any common gaol, if there is a certified reforma-
tory school within three miles of such gaol, but shall be
detained in such reformatory school while awaiting trial;
and if there is more than one such school within such dis-
tance, the person so charged shall be detained in that one
of them which is conducted nearest in accordance with the
religious belief to which his parents belong, or in which he
has been educated. 32-33 W., c. 34, s. 5.
54. Every offender detained in a certified reformatory
school, who wilfully neglects or refuses to conform to the
rules thereof, shall, on summary conviction before a justice
of the peace having jurisdiction in the place or district in
which the school is situate, be imprisoned with hard labor,
for any term not exceeding three months; and at the expi-
ration of the term of his imprisonment, he shall, by and at
the expense of the managers of the school, be brought back
to the school from which he was taken, there to be detained
during a period equal to so much of his period of detention
as remained unexpired at the time of his being sent to the
When Refor-
matory Pri-
SOIAS 8.I'ê
established
certain female
convicts may
be sentenced
to be detained
therein.
prison. 32-33 W., c. 34, s. 6.
* Reformatory Prisons for Females.
55. Whenever the Lieutenant Governor of the Province
of Quebec has declared, by proclamation published in the
Official Gazette of that Province, that suitable arrangements
have been made in any district in that Province, for the de-
tention and proper government and discipline of female cop-
victs in any separate building or separate portion of the
common gaol in such district, as a reformatory prison for
such convicts, and that such separate building or portion of
a common gaol shall be a reformatory prison for the pur-
poses hereof.-them if any female person is convicted in the
said Province of any felony, not capital, and for which she
would, without this Act, otherwise be punishable by im-
prisonment for any term not less than two years, but not
exceeding seven years, such female convict shall be punish-
able by imprisonment in the female reformatory prison for
any term less than seven, but not less than five years, and
she may be sentenced to such imprisonment accordingly,
2236
1886. Public and Reformatory Prisons. Chap. 183. 13
although otherwise she would not be liable to imprisonment
in the penitentiary for so long a term as that for which she
may be so sentenced to imprisonment in the female reforma-
tory prison. 34 W., c. 30, s. 1.
56. If, after such proclamation, any female is convicted ãº.
of any felony or misdemeanor otherwise punishable by im- º
prisonment, but not for any term so long as two years, or Hºwith
of any offence under the eighth section of the “Act respecting ..."
Offences against Public Morals and Public Convenience,” then,
unless it is proved that she has been previously convicted
and imprisoned twice or oftener, each of such convictions
being for some such felony, misdemeanor or offence, as afore-
said, such convict shall be asked, by the judge, recorder,
judge of the Sessions of the Peace, commissioner of police,
district, police or stipendiary magistrate, mayor, warden or
the two justices of the peace, or other functionary before
whom the conviction is had, whether she consents, instead
of the imprisonment to which she is otherwise liable, to be
sentenced to imprisonment for a term of five years, in the
female reformatory prison; and if she refuses to give such
consent, sentence shall be passed upon her as if this Act had
not been passed, but if she gives such consent, or it is proved
that she has been twice convicted as aforesaid, the fact shall
be duly recorded or entered on the proceedings in the case,
and she shall be sentenced accordingly to imprisonment in
the female reformatory prison for a term of five years. 34 W.,
c. 30, s. 2.
57. If, at the time of the passing of any such sentence, In what pri-
there is more than one female reformatory prison in such ..."...i.
Province, the imprisonment under such sentence shall be carried out.
in that one of such reformatory prisons which is in the same
district as the place at which the sentence is passed, or if
there is no reformatory prison in such district, then in the
reformatory prison nearest to such place; but if there is not
more than one such reformatory prison in the Province, then
such imprisonment shall be in it ; and in any case the Power to con-
sheriff of the district in which the sentence is passed, or any ºf prisoner
person thereunto by him deputed, shall have the like powers “
for conveying the convict to the reformatory prison in which
she is to be imprisoned, as any sheriff has to convey any
Convict to the penitentiary. 34 W., c. 30, s. 3, part.
58. Each such female reformatory prison as aforesaid, Every such
shall be a house of correction and a public reformatory * ...”
prison, within the meaning of the sixth sub-section of the rection, &c.
minety-second section of “The British North America Act,
1867,” and subject to such laws as the Legislature of such
Province makes with respect to the establishment, mainten-
ance and management thereof. 34 V., c. 30, s. 4.
2237
- Chap. 183. Public and Reformatory Prisons. 49 WICT.
Convicts in
Common gaols
may be em-
ployed out-
side the same.
Powers for
preventing
escapes, &c.
Sentence to
include such
employment.
Gaols to be
houses of
correction.
Certain offen-
ders may be
sentenced to
Halifax In-
dustrial .
School.
As to support
of such boys.
Employment of Prisoners.
59. Every sheriff or gaoler in the Province of Quebec,
being thereunto authorized by the Lieutenant Governor, or
in such manner as any Act of the Legislature of the Pro-
vince provides, and under such regulations as the said
Legislature makes or authorizes to be made in that behalf,
may employ any male convict sentenced to hard labor in
such prison, at hard labor outside the walls or precincts of
such prison, and may exercise the same powers of restraint
and discipline, and for preventing escape, while such con-
vict is so outside of the walls or precincts, as if he was inside
the same, and whether his labor is so employed directly by
the Government of the said Province or by any contractor to
whom such labor is let or hired out by the said Govern-
ment, or by any competent authority ; and the sentence of
any such male convict, whether pronounced before or after
the passing of this Act, shall be understood to include such
employment as aforesaid, -and any time during which a
convict is so employed, shall be reckoned as part of the
term for which he was sentenced to be confined in such
prison 34 W., c. 30, s. 5. -
Common Gaols.
€50- Every common gaol in such Province shall be a house
of correction, reformatory prison and place of detention.
34 W., c. 30, s. 6.
PART IV.
NOVA SCOTIA.
The Halifaa Industrial School.
61. Whenever any boy, who is a Protestant and a minor,
apparently under the age of sixteen years, is convicted be-
fore the police court in the city of Halifax, or before the
stipendiary magistrate for the city of Halifax, of any offence
for which, by law, he is liable to imprisonment, the police
court or stipendiary magistrate may sentence such boy to
be detained in the Halifax Industrial School for any term
not exceeding five years, and not less than two years, as to
the said police court or stipendiary magistrate appears
proper. 33 W., c. 32, s. 1.
62. No such sentence shall be pronounced unless, nor
until, provision has been made by the city of Halifax, out of
its funds, for the support of boys so sentenced, at the rate of
not less than forty dollars per annum for each boy. 33 W.,
c. 32, s. 2.
2.238
1886. Public and Reformatory Prisons. Chap. 183. 15
63. The said industrial school shall, at all times, be open School to be
to inspection by the mayor and aldermen of the city of º,"
Halifax, and the stipendiary magistrate for the city of Hali-
fax, or any of them. 33 W., c. 32, s. 3.
64. The committee of the said industrial school shall be Boys to be
bound to teach and instruct each boy so sentenced and de- tº:
tained as aforesaid, in reading and writing, and in arith-
metic as far as the rule of three, and also to teach each such
boy such one of the trades or occupations which is, from
time to time, taught in the said school, as the committee
deems most adapted to his capabilities. 33 W., c. 32, s. 4.
Halifax Reformatory School for Boys of the Roman Catholic
Faith.
$5. As soon as a proclamation has been issued by the Gertain offen-
Pieutenant Governor of Nova Scotia, declaring that a refor-jºº,
matory, orphanage, industrial school or home for boys of the Halifax Ro-.
Roman Catholic faith has been established in the county of º
Halifax, and made ready for the confinement of prisoners,
any boy, who is a Roman Catholic and apparently under
the age of sixteen years, who is convicted before the police
court of the city of Halifax, or before the stipendiary magis-
trate for such city, of any offence for which by law he is
liable to imprisonment, with or without hard labor, may
be sentenced by such police court or stipendiary magistrate
to be detained in such home, whether situate in such city
or elsewhere in such county, for any term not exceeding five
years, as to such police court or stipendiary magistrate
appears proper. 47 W., c. 45, s. 1. -
66. The governing body or head of such home may, at Number of
any time, notify the mayor of the city of Halifax that no sº
prisoners, beyond those already under sentence in such ed by the
home, will be received therein; and after the receipt of such º
motice by such mayor, no such sentence shall be pronounced
until notice has been received by the mayor from such gov-
erming body or head that prisoners will again be received
in such home. 47 W., c. 45, s. 2. - -
67. Such home shall, at all times, be dºpen to inspection Reformatory
by any officer appointed by the Governor in Council to in- º
spect the same, and, when and so long as any pecuniary aid
is received from the city of Halifax, shall be open to inspec-
tion by the mayor, aldermen and stipendiary magistrate of
such city, or any of them. 47 W., c. 45, s. 3. -
68. The governing body of such home shall be bound to Boys to be
teach and instruct each boy so sentenced and detained as º §:
aforesaid in reading and writing, and in arithmetic to the º
and of simple proportion, and also to teach each such boy
2239 -
ió
Chap. 183. Public and Reformatory Prisons. 49 Vict,
Removal of
incorrigibles.
Ticket of
leave may be
granted by
Minister of
Justice.
And may be
revoked or
altered.
Minister to
make regula-
tions.
Contraven-
tion of con-
ditions of
ticket of
leave how
dealt with.
Jurisdiction
of police
court, &c.,
extended.
such one of the trades or occupations which are, from time
to time, taught in such home, as such governing body deems
most adapted to his capabilities. 47 W., c. 45, S. 4.
69. If any offender detained in such home becomes in-
corrigible, he may, on a certificate from the officer in charge
of such home, be removed to a penitentiary, as provided in
“The Penitentiary Act.” 47 W., c. 45, s. 5.
70. If any boy so sentenced and detained in such Home
has, in the opinion of the governing body of such Home, so
conducted himself during a term of six consecutive months
as by his good behaviour, diligence and industry, to war-
rant his being set at large and no longer detained in the
Home, and if the police court or stipendiary magistrate of
the city of Halifax concurs with the said governing body in
recommending the issue of a license to such boy to be at
large, then the Minister of Justice, or such person as he
appoints to issue such licenses, may issue a license to such
boy to be at large in the Province of Nova Scotia, or in such
part thereof as is specified in such license : sº • *-
2. Such license may be revoked or altered at pleasure by
the Minister of Justice, or by such person as he appoints
as aforesaid:
3. The Minister of Justice may make such regulations as
he sees fit as to the form of such licenses. the conditions of
enjoyment and forfeiture thereof, and for ascertaining that
such conditions are duly complied with : -
4. Upon information on oath that the holder of any such
license has contravened any of the conditions thereof, the
police court or stipendiary magistrate of the city of Halifax
may issue a warrant for his arrest, wherever in the Domin-
ion of Canada he may be, and cause him to be brought
before such court or magistrate, and upon conviction of
such contravention, shall remand him to such Home, there
to serve the remainder of his original sentence, with such
additional term, not exceeding one year, as to such court or
magistrate seems proper. 49 W., c. 54, s. 1.
71. The jurisdiction of the police court and of the sti-
pendiary magistrate of Halifax, and of the policemen and
other officers of such court or magistrate, shall, for the pur-
poses hereof, extend to every boy so convicted and sentenced.
as aforesaid, although he is in any place in the county of
Halifax beyond the limits of the city of Halifax. 47 W., c. 45,
s. 7.
2240
1886. . . Public and Reformatory Prisons. Chap. 188. 17
PART W.
PRINCE IEDWARD ISTAND.
Reformatory Prison.
72. As soon as a proclamation has been issued by the gertain offen-
Lieutenant Governor of the Province of Prince Edward ...",
Island, declaring that a reformatory for juvenile offenders F. E.T. Re:
has been established and made ready for the confinement formatory.
of prisoners, any person, apparently under the age of sixteen,
who is convicted in that Province, before the Supreme Court
or stipendiary magistrate, of any offence for which, by law,
he is liable to imprisonment, may, by the said court or sti-
pendiary magistrate, be sentenced to be detained in the said
reformatory for any term not exceeding five years and not
less than two years, as to the said court or magistrate ap-
pears proper. 43 W., c. 41, s. 1.
73. Any person, apparently under the age of sixteen Offenders
years, thereafter arrested on a charge of having committed ...”
any offence within the said Province, not capital, shall not,
while awaiting trial for such offence, be detained in any
common gaol, but shall be detained in such reformatory.
43 W., c. 41, s. 2.
74. If any offender, detained in such reformatory, wilfully Punishment
neglects to conform to the rules thereof, he may, upon sum- º
mary conviction, be imprisoned in the common gaol, with rules.
hard labor, for any term not exceeding three months; and
at the expiration of his term of imprisonment, he shall be
brought back to the reformatory, there to be detained during
a term equal to so much of his term of imprisonment as re-
mained unexpired at the time of his being sent to the prison.
43 W., c. 41, s. 3.
Removal of Prisoners to the Gaol of Queen's County.
75. The Supreme Court of Judicature of the Province of Removal º:
Prince Edward Island, or any judge thereof, may, on the ; ºrs w
application of the Attorney General or other Crown officer Queen's
of such Province, whenever any prisoner is sentenced to ...”
any term of imprisonment, with hard labor, in either of the
counties of Prince County or King's County, make an order
or give directions for the transfer and removal of such pri-
soner from the gaol of the county in which the conviction
of such prisoner takes place, to the gaol of the county of
Queen's County, and such order may be made or directions
given at the time of passing sentence. 17 W. (P.E.I.), c. 13,
S. 1, part.
76. Whenever such order is made or directions given, ****
the sheriff of the county in which the conviction takes place j
2241
18 Chap. 188. Public and Reformatory Prisons. 49 Vict.
shall cause such prisoner to be removed with all convenient
despatch to the gaol of the county of Queen's County, pur-
suant to such order or direction. 17 W. (P.E.I.), c. 13, s. 1,
part.
lº. 77. Upon such removal, such prisoner shall be subject
jners to the same authority and jurisdiction as if he had been
shall be sub- convicted in the county of Queen's County. 17 W. (P.E.I.),
ject. c. 13, S. 1, part.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
4.
An Act respecting the Police of Canada. A. D. 1886.
Hº Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1. The Governor in Council may, from time to time, Governor may
appoint, by commission under the Great Seal, one or more #.
fit and proper persons to be a commissioner or commis- police.
sioners of police within Canada, or within one or more of
the Provinces, Territories or Districts of Canada, or within
any one or more of the districts or counties in any Province,
Territory or District, or within any temporary judicial dis-
trict, or any provisional judicial district in Ontario. 42 W.,
c. 37, s. 1. --
2. The Governor in Council may, from time to time, Appointment
direct and authorize any commissioner of police, under this ...,
Act to appoint any fit and proper persons to serve as police
constables under and within the jurisdiction of such com-
missioner of police, and such commissioner may, at his
pleasure, remove any such police constable; and every such Their duties
police constable shall obey all lawful directions and be and powers.
subject to the government of such commissioner of police,
and shall be charged with all the powers, rights and re-
sponsibilities which belong, by law, to constables duly ap-
pointed in the Province, District or county of the Province
or Territory for which they are appointed, but for the purpose
of carrying out the criminal laws and other laws of Canada
only. 31.V., c. 73, s. 2.
3. Every such commissioner of police shall, for the pur-Powers of the
pose of carrying out the criminal laws and other laws of commission-
Canada only, have and exercise, within the limits of his i.
jurisdiction, all the powers and authority, rights and privi- jaws ºf
ieges, by law appertaining to justices of the peace generally, ".
—and shall, within the limits of his jurisdiction within any
Province have and exercise, for the purpose aforesaid, all
the powers and authority, rights and privileges by law
appertaining to police magistrates of cities in the same Pro-
vince,—and shall, within the limits of his jurisdiction in
any of the Territories or Districts of Canada, have and exer-
cise, for the purpose aforesaid, all the powers and authority,

63% 2243
Chap. 184. Police of Canada. 49 WICT.
No property
º
c., required.
Duties of com-
missioners.
Regulations,
pay and an-
mual account
to parlia-
ment.
Penalty for
misconduct
by police
constables.
Application
of penalties.
rights and privileges by law appertaining to stipendiary
magistrates in the same District or Territory, and shall be
subject in all respects, except as otherwise provided by this
Act, to the regulations of the law of the Province, District
or Territory, in which he is acting, respecting police magis-
trates and the office of justice of the peace ; but it shall not
be necessary for any commissioner of police appointed under
this Act to possess any property qualification, or to be actu-
ally resident within the Province, District or Territory for
which, or part of which, he is appointed. 42 W., c. 37, s. 2.
4. Every such commissioner of police shall keep minutes
of every proceeding had by and before him, and shall keep
such accounts, make such returns and collect such informa-
tion within his jurisdiction, and perform such other duties.
as the Governor in Council, from time to time, prescribes
and requires. 31 W., c. 73, s. 5.
5. Every such commissioner of police and every such
police constable, shall be subject to such regulations in
respect to the Order, management and disposition of the
police, and shall receive such rates of pay or allowance
as are, from time to time, prescribed by the Governor in
Council; and an account shall be laid before Parliament,
within the first fourteen days after the meeting of each
session, of the average number of men employed during
each month of the year, and of their pay and travelling
expenses. 31.W., c. 73, s. 6.
6. Every such police constable, who is guilty of any dis-
obedience of orders, neglect of duty, or any misconduct as
such police constable, shall, on summary conviction before
any commissioner of police, police magistrate or justice of
the peace, be liable to a penalty not exceeding forty dollars.
and costs, and in default of immediate payment thereof, to
imprisonment for any term not exceeding three months,
unless such penalty and costs are sooner paid ; and any such
person may be proceeded against by indictment for any
offence committed by him as such constable, but not both
by indictment and under this Act for the same offence.
31 W., c. 73, s. 3.
7. All moneys arising from penalties, forfeitures and fines
imposed by any commissioner of police, if not directed by
law to be otherwise appropriated, shall be, from time to
time, paid to such commissioner of police, who shall account
for the same and pay over or disburse the moneys arising
therefrom at such times and in such manner and to such
persons as the Governor in Council, from time to time,
directs. 31 W., c. 73, s 7.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2244
º º, º sº
§ 2.33% - & Cº
ºšº
* Pºś
ºgº C
CHAPTER 185.
An Act respecting actions against persons administering A. D. 1886.
the Criminal Law.
|HER Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows:—
1- Every action and prosecution against any person, for Limitation of
anything purporting to be done in pursuance of any Act of .
the Parliament of Canada relating to criminal law, shall,” ©
unless otherwise provided, be laid and tried in the district,
county or other judicial division, where the act was com-
mitted, and not elsewhere, and shall not be commenced
except within six months next after the act committed.
31 W., c. 15, s. 7, part ;-32-33 W., c. 29, s. 130.
2. Notice in writing of such action and of the cause Notice to de-
thereof, shall be given to the defendant, one month at least ".
before the commencement of the action. 32-33 W., c. 29,
s. 131. -
3. In any such action the defendant may plead the gen- General issue.
eral issue, and give this Act and the special matter in
evidence at any trial had thereupon. 31 W., c. 15, s. 7, part ;
—32-33 W., c. 29, s. 132.
4- No plaintiff shall recover in any such action, if tender In case of
of sufficient amends is made, before such action brought, or *::::
if a sufficient sum of money is paid into court by or on amends.
behalf of the defendant, after such action brought. 32-33 W.,
c. 29, s. 133.
5. If such action is commenced after the time hereby Verdict or
limited for bringing the same, or is brought or the venue †.';
laid in any other place than as aforesaid, a verdict shall be º,
found or judgment shall be given for the defendant; or if ºvery
the plaintiff becomes non-suit, or discontinues any such * *
action after issue joined, or if upon demurrer or otherwise,
judgment is given against the plaintiff, the defendant shall
recover his full costs as between solicitor and client, and
shall have the like remedy for the same as any defendant
has by law in other cases; and although a verdict or judg-
ment is given for the plaintiff in any such action, such

















634% 224.5
2 Chap. 185. Administration of Criminal Law. 49 WICT,
plaintiff shall not have costs against the defendant, unless
the judge, before whom the trial is had, certifies his appro-
val of the action. 31.W., c. 15, s. 7, part ;-32-33 W., c. 29, S.
134.
... , 6. Nothing herein shall prevent the effect of any Act
#. &. * in force in any Province of Canada, for the protection of
justices of the peace or other officers from vexatious actions
for things purporting to be done in the performance of their
duty. 32-33 W., c. 29, s. 135.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most
Excellent Majesty.
2246
S C H E D U L E A.
ACTS AND PARTS OF ACTS REPEALED, from the date of the coming into force
of the Revised Statutes of Canada, so far as the said Acts and parts of
Acts relate to matters within the legislative authority of the Parlia-
ment of Canada.
Chap. Title of Act. Extent of Repeal.
CoNSOLIDATED STATUTES of CANADA.
1...... An Act respecting the Legislative Council.................................... The Whole.
2...... An Act respecting the Representation of the People in the Legislative
Assembly .......................................................................... do
3...... An Act containing special provisions respecting both Houses of the
Provincial Parliament......................................................... do
5...... An Act respecting the Provincial Statutes...................................... Sub-sec. 13 of Sec. 6 from
the word “made '' in
line 8 to the end of the
sub-section.
6 ..... An Act respecting Elections of Members of the Legislature.............. The whole.
7......|An Act respecting Controverted Parliamentary Elections............... do
8 ..... An Act respecting the Naturalization of Aliens.............................. do
10...., |An Act respecting the Governor, Civil List, and Salaries of certain
Public Officers ................................................................... The whole, except sec. 6.
12 ..... An Act respecting the Commissions of Public Officers, and the Oaths
of Office and Security to be taken and given by them ............ The Whole.
13...... |An Act respecting Inquiries concerning Public Matters, and Official
Notices …........................................................................ do
14 .... An Act respecting the Public Moneys, Debt and Accounts.............. do
16..... An Act respecting the Collection and Management of the Revenue,
the Auditing of Public Accounts, and the liability of Public
Accountants....................................................................... do
18 .... An Act respecting Reciprocity with the United States, as to Customs
Duties .............................................................. .* * * * * * * * * * * * * * * * do
21 ..... An Act respecting the Duty on Bank-Notes.................................... do
23 ..... An Act respecting the sale and management of Timber on Public
Lands....................................…........................................ Section 9, from the word
“seized '' in line four to
the end of the Section,
sub-sec. 1 of Sec. 10, and
Sec. 13.
24.... . An Act respecting the Ordnance and Admiralty Lands transferred
to the Province.................................................................. The whole.
28...... An Act respecting the Public Works............................................. do
29...... An Act respecting Riots near Public Works.................................. do
32,.... An Act respecting the Bureau of Agriculture and Agricultural
Societies.......................................................................... do
33 ..... An Act respecting the Board of Registration and Statistics, and the wº
Census and Statistical information....................................... Section 37, so far as it
constitutes a misde-
II].0 8,1101’.
34,..., |An Act respecting Patents for Inventions ...................................... The Whole.
36..... An Act respecting Lands and Real Property, held or required by the
Imperial Government for the Military defence of this Province. do
37......|An Act respecting Lands and Real Property held by the Imperial
Authorities for the Naval Defence of the Province.................. do
46 ..., |An Act respecting the Culling and Measuring of Lumber........ ....... do
54 - ... An Act respecting Incorporated Banks .......................................... do e •
57..... An Act respecting Promissory Notes and Bills of Exchange............. Sections 1 to 5, inclusive.
58 ..... An Act respecting Interest........................................................... The Whole.
59 .... An Act respecting the protection of Persons who receive Assignments
and enter into Contracts in relation to Goods intrusted to s -
Agents....................................................................…. Sections 15, 16, 17 and 19.
2247
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
CoNSoLIDATED STATUTES OF CANADA—Continued.
61...... An Act respecting Pawnbrokers and Pawnbroking......................... Sections 6, and 10 to 14,
inclusive, and 24 to 27,
inclusive.
64...... An Act respecting Mining Companies........................................... The whole.
67......|An Act respecting Electric Telegraph Companies........................... The whole, except sec. 20.
68...... An Act respecting Joint Stock Companies to construct works to
facilitate the transmission of Timber down Rivers and Streams.|Section 67.
71,..... An Act respecting Charitable, Philanthropic and Provident Associa-
tions.................................................................................. The whole.
77...... An Act respecting Land Surveyors and the Survey of Lands ........... Sections 104 and 107.
80 ..... An Act respecting the admission of evidence of foreign judgments,
and certain official and other documents............................... Section 7.
82 .... An Act respecting the calling and orderly holding of Public Meet-
ings............................................................. * * * * * * * * * g e is e º 'º es e º a e s & Sections 15 to 21 inclu-
sive.
87......|An Act to exempt Firemen from certain Local Duties and Services...|So much of sections 1 and
4 as relates to exemp-
tion from militia duty.
95 ..... An Act respecting Lotteries......................................................... The whole.
99...... An Act respecting the Procedure in Criminal cases........................ Sections 97, 120 and 121.
100....., |An Act respecting the qualification of Justices of the Peace............ Section 14.
101...... An Act respecting the appointment of Magistrates for the more
remote parts of this Province............................................... The whole.
104....., An Act respecting the appointment of Special Constables................ Section 13.
107 .... An Act respecting Prisons for Young Offenders ............................. The Whole.
109..... An Act respecting the confinement of Lunatics whose being at large
may be dangerous to the public........................................... Šections 1 to 6, inclusive.
CONSOLIDATED STATUTEs For UPPER CANADA.
2 ..., |An Act respecting the interpretation of certain words and terms
therein mentioned............................................................... The last 6 lines of sec. 15.
6...... An Act respecting the maintenance of persons disabled, and the
Widows and Children of persons killed in the Military Service
of the Crown................................... .................................. The Whole.
8 ..., |An Act respecting Light Houses................................................... do
10..... An Act respecting the Superior Courts of Civil and Criminal
jurisdiction ........................................................................ Sections 11 to 14, inclu-
sive, and 17.
12...... An Act respecting the Court of Chancery...................................... Sections 5, 6 and 7.
15...... An Act respecting County Courts.................................................. Sections 3, 10, 11 and 12.
16.... An Act respecting the Surrogate Courts............................ ........... Section 15 from the word
“any ” in line 10 to
the end of the section,
and section 16.
17 .... |An Act relating to the Court of General Quarter Sessions of the
€808. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................... Section 8.
19..... An Act respecting the Division Courts .......................................... Sections 105, 181 and 184.
24...... An Act respecting Arrest and Imprisonment for Debt...................... Section 6.
26...... An Act respecting relief of Insolvent Debtors................................. Sections 14, 19 and 20.
31...... An Act respecting Jurors and Juries............................................. Sections 101, 129, 139 and
166.
32...... An Act respecting Witnesses and Evidence.................................... Sections 8 and 18.
39..... An Act respecting the appointment of Commissioners to take
Affidavits and Bail............................................................... Section 2 from the word
‘‘ and ’’ in line 5 to the
end of the section.
42 ..., |An Act respecting Bills of Exchange and Promissory Notes............. Sections 1 to 13 and 15 to
22, inclusive.
43..... An Act respecting Interest............................................................ Section 4.
49.... An Act respecting Joint Stock Companies for the construction of
Roads and other Works in Upper Canada.............................. Section 103.
54 ..... An Act respecting the Municipal Institutions of Upper Canada....... .|The whole.
64...... An Act respecting Common Schools in Upper Canada.................... Section 18.
2248
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
CONSOLIDATED STATUTEs For UPPER CANADA—Concluded.
67,..., |An Act respecting Companies for the establishment of Cemeteries in
sº Upper Canada.….............................................................. Section 29 from the word
“shall ” to the word
- ‘‘ and '' in line 12.
93...... An Act respecting the Survey of Lands in Upper Canada................ Sections 4 and 52.
94..... An Act respecting the Criminal Law of Upper Canada.................. ... The whole.
95...... An Act respecting the apprehension of Criminals, escaping from any
of Her Majesty's Provinces and Governments in North America,
into Upper Canada........................................... . ............... do
98...... An Act to protect the Inhabitants of Upper Canada against lawless
aggressions from Subjects of Foreign Countries at peace with
Her Majesty.................................................. . . . . . . . . . . . . . . . . . . . . . . do
99..... An Act to prevent the unlawful training of persons in Military
evolutions, and the use of Fire Arms; and to authorize the
Seizure of Fire Arms collected for purposes dangerous to the
public peace............................................ • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Section 3.
101...... An Act respecting Forgery and Perjury in certain cases.................. Section 2.
102 ..... An Act respecting the punishment of Persons illegally solemnizing
- Marriage in Upper Canada.................................................. The whole.
103...... An Act respecting Sländer and Libel............................................. do
107...... An Act respecting proceedings to Outlawry in Criminal Cases......... do
108 ..... An Act respecting Prosecutions in cases of Misdemeanor................. do
109...... An Act to facilitate the despatch of business before Grand Juries...... do
112. .... An Act respecting the reservation of Points of Law in Criminal Cases do
113 ..... An Act respecting new Trials and Appeals and Writs of Error in
Criminal Cases in Upper Canada.......................................... Sections 16 and 17.
114....., |An Act respecting Appeals in cases of Summary Conviction............ The whole.
117...... An Act respecting Estreats.................................... ....................... do
118..... An Act respecting the appropriation of Fines in certain cases.......... do
119...... An Act respecting the Fees of Counsel and other Ministers of Justice. Section 4.
124 ..... An Act respecting the return of Convictions and Fines by Justices
of the Peace and of Fines levied by Sheriffs........................... ection 7.
128 ..... An Act respecting the administration of Justice in the unorganized
tracts................................................................................. Sections 17, 29, 100, 101,
104 and 105; section 8
from the word “and”
in line 10 to the end of
the section; section 9
from the Word “but ’’
in line 7 to the end of
the section; and Sec-
tion 103 from the word
“and” Where it first
occurs in line 8 to the
end of the section.
CoNsolipATED STATUTES FOR LOWER CANADA.
9....., |An Act respecting certain Ferries over the River St. Lawrence........ The whole.
11...... An Act respecting Newspapers, and other like Publications............. Section 8. g
20..... An Act respecting Registers of Marriages, Baptisms and Burials...... The proviso to section 13
and section 14.
24...... An Act respecting Municipalities and Roads in Lower Canada......... The whole.
37...... An Act respecting the Registration of Titles to or Charges upon
Real Estate,_the Law of Hypothecs, the Dower and Property *
of Married Women,-and the Conveyance of Soccage Lands...|Sections 112, 113 and 114-
46...... An Act respecting fraudulent seizures of township lands................. The whole.
58...... An Act respecting Voyageurs....................................................... Section 4.
60...... An Act respecting the discharging of the Cargoes of Wessels............ The whole.
61...... An Act respecting the Inspection of Butter..............................::::... do
63..... An Act respecting the Measurement of Coals and the Weight of Hay
and Straw....... e s a s s a e < e < e < e < e < e < e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
64 An Act respecting Bills of Exchange and Promissory Notes............. do
2249
Acts and parts of Acts repealed.
... . . . . . .”
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
CoNSOLIDATED STATUTHS For LoweR CANADA – Concluded.
68......|An Act respecting Mutual Insurance Companies............................. Section 17 from the word
“and” in line 12 to the
end of the section.
70..... An Act respecting Joint Stock Companies for the Construction of .
Roads and certain other Works............................................ The whole.
75......|An Act respecting the division of Lower Canada into Counties, and
the boundaries of certain Cities and Towns for the purpose of º
Representation in the Legislature......................................... Section 1: tº
77....., |An Act respecting the Court of Queen's Bench............................... Sections 56 to 62, inclu-
sive, and section 64.
78..... An Act respecting the Superior Court........................................... Sections 7 and 10.
80,.... An Act respecting the Court of Queen's Bench, and the Superior and e
Circuit Courts in the District of Gaspé.................................. Section 6.
81....., |An Act respecting the Independence of the Judges of the Court of
82 * & © tº tº
92 ..
96 ....
97 ſº e s a
98.....
99.....
102......
103......
105......
106......
109......
110......
111......
• e º 'º e
a w e º º º
|An Act relating to the Sinking Fund for the redemption of the
..|An Act to grant additional aid to the Canadian Line of Steamers,
. An Act for granting to Her Majesty certain sums of money requir–
Queen's Bench and Superior Court, and their Recusation in
certain cases............. ‘....................................... ..................
An Act respecting certain matters relating to the Administration of
Justice generally,– and certain special actions and matters of
Procedure.................................. .......................................
An Act respecting the Offices of Sheriff and Coroner
An Act respecting Courts of Oyer and Terminer............................
An Act respecting the Courts of General or Quarter Sessions of the
Peace, Justices of the Peace, and Special Sessions of the Peace.
An Act respecting Appeals from the decisions of Justices of the Peace
in Summary Convictions....................................................
An Act respecting the Registers to be kept by Justices of the Peace..
An Act respecting the Police in Quebec and Montreal, and certainſ
regulations of Police in other Towns and Villages
* * * * * * * * * * * * * * * * * * * * * * *
* * * * g º 'º - tº e º 'º g º & © 2 &
An Act respecting officers of Militia as Peace Officers and inquests to
be held by them in certain cases
An Act respecting certain matters connected with the Administration
of Justice in Criminal matters..............................................
An Act respecting proceedings on Recognizances...........................
An Act respecting Houses of Correction, Court Houses and Gaols....
An Act respecting Court Houses and Gaols in the New Districts......
An Act respecting Annual Statistical Returns of Judicial Matters.....
* * * * * * * * * * * * s tº e º 'º e º 'º º ſº e º º e º 'º e º 'º e s e º e º e º gº e tº e
STATUTES of THE LATE PRoyINCE OF CANADA.
23 Victoria (1860).
An Act to amend the Act respecting the Representation of the
People in the Legislative Assembly......................................
An Act respecting the sale and management of the Public Lands....
An Act to provide for the election of the Speaker of the Legisla-
tive Council
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e e º e s tº e s = e e º & e º e º e º 'º e e º e º e º e s s a
Imperial Guaranteed Loan ..................................................
and for the extension of the Line of Telegraph to Belle-Isle.....
An Act to continue for a limited time the several Acts and Ordin-
ances therein mentioned, and for other purposes....................
ed for defraying certain expenses of the Civil Government for
the year 1860, and for certain other expenses connected with
the Public Service, and also for raising a Loan on the credit of
the Consolidated Revenue Fund...........................................
An Act respecting certain Ordnance Land Reserves in Upper
Canada
Sections 1 and 2.
Sub-section 3 of section 1.
Section 17.
Sections 2, 3 and 4.
Sections 14 and 16.
The Whole.
Sections 4, 5 and 6.
Sections 7 and 8 and 10.
to 19, inclusive, and
sections 22 and 23.
The whole.
do
do
Section 3.
Section 13.
Sub-section 6 of section 1,
and section 6.
The whole.
Section 33.
The whole
do
do
do
do
... An Act to amend chapter fifty-eight of the Consolidated Statutes
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s a e e s e e s s e º e s > * * * * * * * * *
Section 1.
of Canada, as regards the investment of money by Insurance
Companies
• * * * * * * * * * * * s > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
The whole.
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap.
Title of Act.
Extent of Repeal.
s e e º ſº is
tº g c e º &
tº e º e º 'º
* * * g º e
..|An Act to amend chapter fifty-four of
..|An Act respecting Forfeited Estates in
STATUTEs of THE LATE PROVINCE OF CANADA—Continued.
23 Victoria (1860)—Concluded.
An Act to amend chapter ninety-five of the Consolidated Statutes
of Canada, in tituled “An Act respecting Lotteries.”............
of Upper Canada.’.............................................................
An Act to amend the Act respecting the representation of the
People in the Legislative Assembly, and the Act respecting
the Territorial Division of Upper Canada..............................
An Act respecting the ninety-sixth chapter of the Consolidated
Statutes for Upper Canada, respecting the apprehension of
fugitive offenders in Foreign Countries.
An Act to amend the Upper Canada Common School Act..............
An Act respecting the management of Indian Lands and Property..
tº ſº e º 'º º º is a e g e º is is tº $ tº e º a s g g g tº e º e º gº s e
24 Victoria (1861).
..|An Act for granting to Her Majesty certain sums of money required
for defraying certain expenses of the Civil Government for the
§. 1861, and for certain other expenses connected with the
ublic Service, and also for raising a Loan on the credit of
the Consolidated Revenue Fund. ................................ ....
An Act to amend the twenty-eighth chapter of the Consolidated
Statutes of Canada, intituled “An Act respecting the Public
Works,” in so far as respects the powers of Official Arbitrators.
An Act to continue for a limited time the several Acts therein
mentioned, and for other purposes.....................................
An Act to amend and extend the law in respect to persons injured
in this Province and dying abroad .....................................
An Act to abolish the mode of procedure in criminal cases called
Recording Sentence of death ......................... ...................
the Consolidated Statutes
of Canada, intituled “An Act respecting Incorporated Banks.”
An Act to amend and consolidate the laws respecting the Recor-
der's Court of the City of Quebec ......................................
Upper Canada....................
An Act to remove all doubts as to the validity of certain certificates
issued by Judges of the County Courts to Insolvents under the
Act of 1856.......................................................... ..... .........
An Act to amend chapter 72 of the Consolidated Statutes for Upper
Canada, in tituled : “An Act respecting Marriages in Upper
Canada''....................... • * * * * * * . * e e s e e º 'º e º e s e e < * * * * * * * * * * * * * e s a e s e º e º e g g º e e
25 Victoria (1862).
An Act to extend the provisions of an Act respecting lands and
real property held or required by the Imperial Government for
the Military defence of this Province, to the construction of
Lines of Telegraph connected with such defence ..................
An Act for granting to Her Majesty certain sums of money requir-
ed for defraying certain expenses of the Civil Government and
other purposes, for the year 1862, and for making good certain
sums expended for the Public Service in the year 1861
An Act to . amend “An Act respecting the Territorial Division|
The Whole.
do
do
do
Sections 1, 3 and 8.
The whole.
The Whole.
do
do
do
do
Sections 1 and 3.
Sub-section 3 of section 14.
The Whole.
do
do
. The whole.
do
... An Act to continue for a limited time the several Acts therein
mentioned, and for other purposes............................... ......
An Act respecting the Court of Error and Appeal in Upper Canada
An Act to amend the Act respecting the Municipal Institutions
of Upper Canada, as to the issue of Shop and Tavern Licenses
in Cities........................... ... ...........................................
An Act to annex the Township of Aston and part of the Township
of Wendover to the County of Nicolet...................................
do
Section 3.
Section 7.
Section 1.
2251
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Ghap. Title of Act. Extent of Repeal.
STATUTEs of THE LATE PROVINCE OF CANADA—Continued.
26 Victoria (1863, 1st Session).
7......|An Act to amend chapter seventy-five of the Consolidated
Statutes for Lower Canada, concerning the division of Lower
Canada into Countie.................. ........................................ Section 1.
41,..... An Act respecting affidavits, declarations and affirmations made
out of this Province, for use therein........ tº e s sº e a s e º is e s s e º e s tº g ea tº e º 'º e º ſº tº e tº Section 7.
27 Victoria (1863, 2nd Session).
1...... An Act for granting to Her Majesty certain sums of money requir-
6......
7......
8......
10......
l 1... tº gº •
20......
ed for defraying certain expenses of the Civil Government and
other purposes, for the year 1863, for making good certain sums
expended for the Public Service in 1862, and for raising a Loan
on the credit of the Consolidated Revenue Fund....................
An Act respecting the Militia ........................................................
..|An Act respecting the Volunteer Militia Force................................
An Act to revive and continue, for a limited time, the several
Acts therein mentioned.......................................................
An Act to amend the Act of 1841, relating to Savings Banks.....,
An Act to amend the law respecting the qualification and registra-
tion of voters in Lower Canada..........................‘..….......
An Act to enable Municipal Corporations in Upper Canada to invest
their surplus Clergy Reserve money for educational purposes
in certain securities, and to legalize such investments already
made, and for other purposes...............................................
An Act relative to Summary Convictions under municipal by-laws
in Upper Canada........ * † e g g g g g g º g g º & © tº £ tº tº e º 'º e º $ tº $ tº £ tº * * * * * * * * * * * * * * * * * * * * * * * * * * *
27-28 Victoria (1864).
An Act for granting to Her Majesty certain sums of money requir-
ed for defraying certain expenses of the Civil Government, and
for certain other purposes connected with the Civil Service,
from the end of the year 1863 to the thirtieth day of June, 1865.
An Act to impose duties on Promissory Notes and Bills of Exchange.
. An Act for the collection, by means of Stamps, of fees of office,
dues and duties payable to the Crown upon Law Proceedings
and Registrations ...............................................................
An Act to amend the law respecting the Public Accounts, and
the Board of Audit...............................................................
An Act to authorize the acceptance of certain Incorporated Com-
panies as Sureties for Public Officers.....................................
An Act to revive and continue for a limited time the provision
for the Geological Survey of this Province............................
An Act to amend the Acts respecting the Militia, and the Volun-
teer Militia Force................................................................
An Act respecting the Ocean Mail Service......................................
An Act to amend the one hundred and first chapter of the Con-
Solidated Statutes of Canada, respecting the appointment of
Magistrates in remote parts of the Province...........................
..|An Act to continue, for a limited time, the several Acts therein
mentioned...........................................................................
An Act to repeal chapter thirty-eight of the Consolidated Statutes
for Upper Canada, in tituled “An Act respecting the office of
Sheriff, and to make further provisions respecting the said office
The whole.
do
do
do
do
do
Section 6.
The whole.
The whole.
do
Section 32.
The whole.
do
do
do
do
do
do
30......
34......
in Upper Canada. ".............................................................
An Act to afford a more expeditious remedy as regards Tenants
Overholding wrongfully in Upper Canada..............................
An Act to extend the jurisdiction of Police Magistrates in Towns
Sections 31 and 52.
Section 7.
in Upper Canada................................................................
The whole.
Acts and parts of Acts repealed 7
SCHEDULE A–Continued.
Chap. | Title of Act. Extent of Repeal.
STATUTES OF THE LATE PROVINCE OF CANADA—Continued.
27-28 Victoria (1864)—Concluded.
41......|An Act respecting Jurors and Juries.............................................. Sub-sections 8 and 9 of
- section 7, and section 8.
43......|An Act to amend the Law in qui tam actions in Lower Canada...|Section 2.
54......|An Act respecting the representation of the people in the Legis-
lative Assembly as regards the Counties of L'Assomption, gº
Joliette and Montcalm, and for other purposes....................... Section 1.
57...... An Act to amend the Act twelfth Victoria, chapter one hundred and
fourteen, relative to the powers and duties of the Trinity
House of Quebec, and for other purposes.............................. The Whole. '
28 Victoria (1865, 1st Session).
1......|An Act for the prevention and repression of outrages in violation
of the Peace on the Frontier of this Province, and for other pur- d
OS68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O
2...... An A& to facilitate the conviction and punishment of persons|
enticing Her Majesty’s subjects to enter any Foreign Service,
contrary to the provisions of the Foreign Enlistment Act....... do
3...... An Act for granting to Her Majesty certain sums of money re-
*. for defraying certain expenses of the Civil Government
or the year 1865, and for certain other purposes connected
with the Public Service....................................................... do
4......|An Act to continue, for a limited time, the several Acts therein
mentioned........................................................................... do
5......|An Act respecting Ocean Mail Service............................................ do
9......|An Act to remove doubts as to the limits of certain Counties in
Lower Canada .................................................................... do
10......|An Act to explain chapter seventy-five of the Consolidated Sta-
tutes for Lower Canada and to declare certain Islands to be in
the County of Werchères for all purposes............................... do
ll...... An Act to amend the Act twenty-seventh and twenty-eighth Vic-
toria, chapter twenty, respecting the appointment of Magis-
trates in remote parts of the Province................................... do
15......|An Act to amend chapter eleven of the Consolidated Statutes for
Lower Canada, respecting Newspapers and other like publica-
tions............................................................. .................... Section 1.
20......|An Act respecting Police Magistrates................................... ... ...|The Whole.
29 Victoria (1865, 2nd Session).
1...... An Act to amend the Act intituled “An Act containing special
provisions respecting both Houses of the Provincial Parlia-
ment” .................. ........................................................... The whole.
2...... An Act for granting to Her Majesty certain sums of money required
for defraying certain expenses of the Civil Government for the
financial year ending thirtieth June, 1866, and for other purposes
connected with the Public Service ........................................ do
4...... An Act to extend the Act to impose Duties on Promissory Notes and
Bills of Exchange to all Notes and Bills of whatever amount, and
otherwise to amend the said Act........................................... do
6...... An Act further to amend the Act respecting the Militia. ................... do
7...... An Act to extend and amend the Acts respecting Public Works, to -
and with respect to Works connected with the Defence of the
Province....................................... .................. .................. do
8...... An Act for the prevention of contagious diseases at certain Military
and Naval Stations in this Province...................................... do
16...... An Act to enable aliens to transmit and take Real Property in this
Province by descent............................................................ do
19...... An Act granting additional facilities in Commercial transactions...... do
2253
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Extent of Repeal.
Chap.
Title of Act.
& º 'º e º &
;
STATUTES OF THE LATE PROVINCE OF CANADA—Continued.
29 Victoria (1865, 2nd Session)—Concluded.
An Act to authorize the formation of Companies or Co-operative
Associations, for the purpose of carrying on, in common, any
trade or business
• * * * * * * * * * * * * * * * * * * * * * g e e s e º e s a e e s tº e e s e º e º e e s a t e e º s 2 g o e º s e s m e º s tº
An Act respecting Registrars, Registry Offices, and the Registration
of Instruments relating to Lands in Upper Canada ................
An Act for quieting Titles to Real Estate in §. Canada...............
An Act to amend the Law of Property and Trusts in Upper Canada
An Act to regulate the Qualifications of Practitioners in Medicine and
Surgery in Upper Canada....................................................
An Act respecting the Civil Code of Lower Canada.......................
An Act to amend chapter seventy-five of the Consolidated Statutes
for Lower Canada, respecting the division of Lower Canada
into Counties, in so far as it relates to the Counties of Rimouski
and Gaspé
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e a e e s e º e e s e º a a s s e s e º e a s e = e s s e e a
29–30 Victoria (1866).
An Act to authorize the apprehension and detention, until the eighth
day of June, 1867, of such persons as shall be suspected of
committing acts of hostility or conspiring against Her Majesty's
Person and Government.....................................................,
An Act to protect the inhabitants of Lower Canada against lawless
aggressions from subjects of Foreign Countries at peace with
Her Majesty........................................................................
An Act to amend the Act of the present Session, intituled “An Act
to protect the inhabitants of Lower Canada against lawless
aggressions from subjects of Foreign Countries at peace with
Her Majesty”...................................................................
An Act to amend the ninety-eighth chapter of the Consolidated
Section 18, from the word
“and” where it occurs
secondly in line 7 to the
end of the section.
Sections 24, 80 and 81.
Section 49.
Section 20, except the
Words from “award ''
in line 14 to ‘‘ but '' in
line 25.
Sections 30 and 31.
The following Articles
of the Civil Code
of Lower Canada,
brought into force on
1st August, 1866, by
proclamation, dated
26th May, 1866, under
the provisions of this
Act :—Articles 22, 25,
26, 609, 1037; Article
1039 from the word
“saving ” to the end
of the Article ; Article
1638 from the word
“subject” in line 5 to
the end of the Arti-
cle; Article 1656 from
the word “and” where
it occurs the second
time in line 2 to the end
of the Article; Articles
1672 to 1675, inclusive,
and Article 1677, so far
as they relate to carriers
by water; , , Article
1888, the third line
of Article 1991, and
Article 2463.
Section 1 from the begin-
ning to the word “re-
presentation ” in lines
8 and 9.
The Whole.
do
do
Statutes for Upper Canada...................................................
do
Acts and parts of Acts repealed.
SCHEDULE A-- Continued.
Chap. | Title of Act. Extent of Repeal.
STATUTES OF THE LATE PROVINCE OF CANADA—Concluded.
29-30 Victoria (1866)—Concluded.
8...... An Act for granting to Her Majesty certain sums of money required
for defraying certain expenses of the Civil Government for the
financial year ending on the thirtieth of June, 1867, and for
other purposes connected with the Public Service.................. The whole.
9...... An Act for indemnifying the Members of the Executive Government,
and others, for the unavoidable departure from the provisions
of the Audit Act, occasioned by the necessity of maintaining a
large Militia Force on active duty on the Frontier, in the years
1865 and 1866..................... ................................................ do
10...... An Act to provide for the issue of Provincial Notes.......................... do
12...... An Act to amend “An Act respecting the Volunteer Militia Force ’’. do
13...... An Act to amend chapter six of the Consolidated Statutes of Canada,
intituled : “An Act respecting Elections of Members of the
Legislature”............ ......................................................... do
14...... An Act to continue, for a limited time, the several Acts therein men-
tioned.................................................. .............................. do
19...... An Act to amend chapter thirty-four of the Consolidated Statutes of
Canada relating to Patents of lnvention................................ do
21...... An Act to amend the Act twenty-ninth Victoria, chapter seven, res-
pecting Works connected with the Defence of the Province... do
37...... An Act to amend chapter seventy of the Consolidated Statutes for
Lower Canada, in tituled : “An Act respecting Joint Stock
Companies for the construction of roads and certain other
Works” ................... ......................................... .................. do
40...... An Act to amend an Act respecting the Superior Courts of Civil and
- Criminal Jurisdiction in Upper Canada................................. Sec. 1.
41...... An Act to amend the Law of Crown and Criminal Procedure and
Evidence at trial in Upper Canada...................................... The whole.
46...... An Act to amend the Law in respect of View by Jurors in Upper
Canada....................................... ....................................... do
47...... An Act to amend the Law respecting the appointment of Recorders
in Upper Canada................................................................. do
51...... An Act respecting the Municipal Institutions of Upper Canada........ The whole, except section
409.
53...... An Act to amend and consolidate the several Acts respecting the
assessment of Property in Upper Canada......... ..................... Sub-section 12 of section
61 from the word “and”
where it secondly oc-
curs in line 18 to the
end of the sub-section,
and sections 178 and
180.
J77...... An Act to postpone for a limited time the issuing of writs for the next
election of Members of the Legislative Council....................... The whole.
REVISED STATUTEs, Nov A Scot1A, 3RD SERIES.
4...... Of the prevention of corrupt practices at Elections.......................... Sub-sec. 5 of sec. 3; sub-
* * Sec. 2 of Sec. 4 and s. 5.
8......|Part the second. Of a certain Treaty between Her Majesty and the
United States of America..................................................... The whole of part the
second.
10...... Of the Board of Revenue............................................................... The whole.
ll...... Of the appointment and duties of Officers of the Customs..............., do
17...... Of Distilleries.........................................** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
23...... Of Sable, Saint Paul and Scatterie Islands, and of Lighthouses........ Secs. 3, 5 and 6.
27...... Of Trespasses to Crown property................................................... The words “indictment
or '' in line 6 of Sec. 10.
30...... Of billeting the Troops and Militia................................................. The whole.
31...... Of Public Fortifications................................................................ do
34...... Of the privileges and naturalization of Aliens................................. Secs. 1, 2 and 3.
35...... Of the Census and Statistical information....................................... Sec. 7.
10 º - Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTEs, Nov A Scotia, 3RD SERIES-Concluded.
36...... Of the Salaries of certain Public Officers and certain Pensions.......... The whole.
37...... Of the qualifications, appointment and tenure of office of the princi-
pal Judicial Officers............................................................ do
38...... Of the offices of Receiver-General and Financial Secretary, and the
rendering and audit of the Public Accounts........................... Sec.S. 2, 7, 8 and 10.
39...... Of Treasury Notes, the Savings Bank and Provincial Loan.............. The whole, except secs.
9 to 12 inclusive.
44...... Of General and Special Sessions ................................................... Secs. 5, 6 and 7.
53...... Of Boards of Health and Infectious Disease..................................... The whole.
55...... Of Nuisances................................................................................ Secs. 14 and 15.
68...... Of Bridges and Public Landings...... ............................................. The whole.
69...... Of Ferries..........................…..................................................... do
70...... Of Provincial Government Railroads........................... ................. do
71...... Of Railroads other than Provincial Government Railroads.............. do
79...... Of Pilotage, Harbors and Harbor-masters...................................... Secs. 17 to 31 inclusive;
* | Sec.S. 33, 35 to 43 in-
clusive, and Schedule B.
80...... Of Partnerships ........................................................................... Secs. 22 and 24.
81...... Of Factors and Agents................................................................. Secs. 11, 12, 13 and 14.
82...... Qf Bills of Exchange and Promissory Notes.................................... Sec. 1.
83...... Of Currency...…................................................................... Sec. 3 and secs. 8 to 14
inclusive.
84...... Of Mills and Millers..................................................................... Sec. 3
85...... Of the Regulation and Inspection of Provisions, Lumber, Fuel and
other Merchandise............................................................... Sec. 72.
92...... Of the Preservation of useful Birds and Animals............................. Secs. 15 to 18 inclusive.
103...... Of the conveying of Timber and Lumber on Rivers and the removal
of obstructions therefrom................................. & e s e s ∈ e s = < e < e < e < * ..., |The whole.
117...... Of Patents for useful Inventions.................................................... do
123...... Of the Supreme Court and its Officers............................................ Sec. 17.
125...... Of an Equity Judge, his office and duties....................................... Sec. 1. •
129......|0f Stipendiary or Police Magistrates............................................. Secs. 6 to 13 inclusive.
133...... Of Municipalities.......................................................................... Secs. 20, 56 to 58 inclu-
sive; sub-sections 7 and
15 of Sec. 66; secs. 88,
94, 100, 102, 104, 109, 12i
t and 123.
134...... Qf pleadings and practice in the Supreme Court, part 2.................. The proviso to sec. 6.
135...... Of Witnesses and Evidence and the proof of written Documents...... Secs. 3, 31, 32 and 33;
Sec. 44 except as to any
proceeding instituted
in Consequence of adul-
tery; secs. 55 and 57;
also secs. 40 to 43 in-
clusive, 47 to 50 inclu-
Sive, and 54, in so far
as they relate to crimi-
nal matters.
144...... Of Commissioners without the Province......................................... Sec. 1 from “ or ’’ in line
10 to ‘‘ Province ’’ in
line 12.
147...... Of Petty Offences and Trespasses, and Assaults.............................. Secs. 17 to 20 inclusive,
and 23 to 28 inclusive.
152...... Qf Madmen and Vagrants, and of the custody and estates of Lunatics. Secs. 2, 10, ll and 30.
158...... Of Illegal Enlistment................................................................... The whole.
160...... Of Offences against Public Morals .................. ............................. Secs. 3 to 8 inclusive.
161,..... Qf Qffºnces against the Law of Marriage........................................ Sec 3.
162...... Of Offèhces against the Public Peace............................................. Secs. 5 to 9 inclusive.
165...... Of Combinations of Workmen....................................................... The whole.
171...... Of the administration of Criminal Justice in the Supreme Court...... Secs. 67, 75, 94, 95, 99 to
103 inclusive, and the
Schedule.
2256
Acts and parts of Acts repealed.
11
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF Now A Scotia NoT REPEALED BY THE REVISED STATUTES, 3RD
SERIES.
Revised Statutes of Nova Scotia, 2nd Series.
82...... Of Interest................................................................................. Sec. 2.
25 Victoria—1862.
2...... An Act for the incorporation and winding up of Joint Stock
Companies .....….............................................................. Sec. 19.
26 Victoria—1863.
28...... An Act to regulate the election of Members to serve in the General
Assembly......... ............................................................... Sec. 78 and the remainder
as respects Elections
for the House of Com-
27 Victoria—1864, mons of Canada.
20...... An Act concerning the Election of representatives to serve in Gen-
eral Assembly.................................................................... Sec. 3.
ACTs of Nov A Scotia SUBSEQUENT To THE REVISED STATUTEs, 3RD
SERIES.
28 Victoria—1865.
1...... An Act to amend certain chapters of the Revised Statutes, 3rd
Series, and to revive certain Acts.....................................'.... Sec. 13.
4...... An Act to alter and amend chapter 117 of the Revised Statutes:
“Of Patents for useful Inventions” ..................................... The Whole.
5...... An Act to amend chapter 128 of the Revised Statutes: “Of the
jurisdiction of Justices of the Peace in civil cases”............... do
10...... An Act to amend the Laws affecting 'Trade and Commerce............. Sec. 5.
12...... An Act to amend chapter 70 of the Revised Statutes: “Of Provincial
Government Railroads”..................................................... The whole.
13...... An Act to provide for the construction of two other Sections of the
Provincial Railways............................................................l. do
14...... An Act in addition to and to amend chapter 70 of the Revised
Statutes (third Series) : “Of Railroads” .............. ................. do
15...... An Act to amend the Act to provide for the construction of the St.
Peter's Canal .................................................................... do
16...... An Act in reference to the Militia ................................................. do
17...... An Act to amend the Acts relative to the Elective Franchise........... do
22...... An Act to continue and amend chapter 8 of the Revised Statutes :
“Of Customs Duties”.......................................... .............. do
23...... An Act to continue chapter 9 of the Revised Statutes : “Of Excise
Duties”........................... ............................................ do
24...... An Act to continue chapter 18 of the Revised Statutes : “Of Light-
house Duties”.................................................................... do
25...... An Act to add an Electoral District in the Western Division of the
County of Halifax............................................ .................. do
26...... An Act to add an Electoral District in the Eastern Division of the
County of Halifax............................................................... do
32...... An Act to confirm and render valid Marriages solemnized in this
Province, in certain cases.................................................... do
34...... An Act to change the name of a Polling District in the County of -
Digby........................................….................................... do
85...... An Act to authorize the appointment of a Harbor Master at Sydney,
Cape Breton....................................................................... do
29 Victoria—1866. -
3...... An Act to continue and amend chapter 9 of the Revised Statutes:
“Of Excise Duties’’.................. ... ........................ ............... do
12
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of Nov A Scotia subsequeNT To THE REVISED STATUTES, 3RD
SERIES—Concluded.
29 Victoria—1866–Concluded.
4...... An Act to continue chapter 18 of the Revised Statutes : “Of Light-
house Duties”................ ..................................* * * * * * * * * * * * * * * * . The Whole.
11...... An Act to amend chapters 125 and 124 of the Revised Statutes: “Of
an Equity Judge,” and “Of Proceedings in Equity ''............ Sec. 15 from “and” in
line 8 to the end of the
- section.
13,..... An Act to amend the Laws relating to Divorce and Matrimonial
CallS6S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 12.
17...... An Act to enforce the taking of the Oath of Allegiance.................. The whole.
18...... An Act to amend chapter 70 of the Revised Statutes: “Of Provin.
cial Government Railways”................................................ do
28...... An Act to amend chapter 120 of the Revised Statutes: “Of the
Solemnization of Marriage, and the Registration of Marriages,
Births and Deaths” .......................................... .................. Secs. 33 and 37.
29...... An Act to provide against the introduction of Diseases among
Horses and Cattle............................................. ................., |The whole.
34...... An Act to amend the Act in reference to the Militia........................ do
49...... An Act relating to the Sessions of the County of Halifax................ Secs. 2 and 3.
70...... An Act to protect the Navigation of Cow Bay, in Cape Breton........ The whole.
30 Victoria—1867.
11...... An Act further to amend chapter 18 of the Revised Statutes: “Of
Lighthouse Duties” ............................................................ do
14...... An Act relating to the Refining of Sugar and the Manufacture of
Tobacco ........................... ......... ........................................ do
16...... An Act to amend chapter 25 of the Revised Statutes: “Of Mines and
Minerals''.......................................................................... Secs. 2, 3, 6 and 7.
17...... An Act to repeal chapter 19 of the Acts of 1859, and to substitute
other provisions in lieu thereof............................................ The whole.
25...... An Act to amend the Act in reference to the Militia and the Act in
amendment thereof................... ......... ................................. do
100...... An Act relating to River Philip Harbor, in the County of Cumber-
land......... .................................... .................................... do
REVISED STATUTEs of NEW BRUNswick, WoL. I.
2...... Of the Grounds and Enclosures around the Province Buildings in
Fredericton........................................................................ The whole.
3...... Of the Land belonging to Government House................................. do
4...... Of Lands for Military purposes..................................................... do
5...... Of the Territorial and Casual Revenue...... .................................. do
12...... Of Trespasses to Lands and other Property of the Crown................ do
16...... Of Sales by Auction............................................... ..................... Sec. 7.
17...... Of Pawnbrokers........................................... ............................... Sec. 4.
20...... Of the Regulation of Lighthouses................................................. Secs. 7, 8, 9, 10 and 16.
23...... Of Charlotte County Exemptions from Duties................................ The whole.
25...... Of the Importation of Books and the protection of the British Authors do
30...... Of certain Salaries....................................................................... Secs. 1, 2 and 3.
37...... Of old Soldiers of the Revolutionary War........• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The whole.
41...... Of auditing the Public Accounts .................................................. do
47...... Of Penalties and Forfeitures........................ ................................ Secs. 1 and 2.
52...... Of Parish and County Officers...................................................... Secs. 1 and 8.
53...... Of Rates and Taxes................ ...................................................... Sec. 2.
60...... Of Harbors ................................................................................. The whole.
63...... Of Dams, Sluiceways and Fish Ways .............................................. Secs. 5, 6 and 7.
64...... Of Rules and Regulations ............................................................ Sub-secs. 2, 11, 15 and 16
of sec. 1.
77...... Of Courts Martial........................................................................ The whole.
98...... Of Controverted Elections........................................................... Sec. 16.
99...... Of the Free Navigation of the Internal Waters.............................. The whole.
100...... Of the Treaty of Washington........................................................ do
Acts and parts of Acts repealed. 13
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTEs of NEW BRUNswick, Vol. I—Concluded.
116...... Of Bills, Notes and Choses in Action ............................................ Sec. 4.
118......] Of Letters Patent for Useful Inventions......................................... The whole.
120...... Of Banking........................... ................. .................................... Sec. 3.
125...... Of Absconding, Concealed and Absent Debtors...... ....................... Sec. 23.
133...... Of Trespasses on Lands, Private Property and Lumber............ ...... The whole.
138...... Of Summary Convictions............................................................. Sec. 22.
144...... Of Offences against Religion ........................................................ Sec. 1.
145...... Of Offences against Public Morals and Decency.............................. Secs. 4 and 5.
i46...... Of Offences against the Law of Marriage....................................... Secs. 2 and 3.
147......] Of Offences against the Public Peace............................................. Secs. 6, 7, 8, 9 and 10.
153...... Of Malicious Injuries to Property.................................................. Sec. 16.
i56...... Of Proceedings before Indictment................................................. Secs. 18, 20 and 22.
157...... Of Recognizance in Criminal Cases............................................... The whole.
ū58...... Of Proceedings on Indictment ...................................................... Secs. 3 and 23.
lö9...... Of Trial...................................................................................... Secs. 10, 22, 23, 24, 25,
26 and 27, and Form ºf
in the Schedule.
J60...... Of Error, Punishment and Expenses.............................................. Secs. 1, 8, 9 and 10.
16l...... Of Terms, Explanations and General Provisions ............................ Sec. 30 from “false’’ in
line 18 to the end of
f the section.
162...... Of the Promulgation and Repeal of Statutes.................................. ec. 15.
163...... Of Fees.......................................................................... ............ So much of the Table of
Fees as relates to fees
on Patents of Invention.
and Discovery.
PUBLIC STATUTES of New BRUNswick, Vol. II.
8 Victoria.
1...... An Act relating to certain lands belonging to Her Majesty, and for
vesting the title to the same in the Principal Officers of Her
Majesty's Ordnance Department.......................................... The Whole.
9 Victoria.
73...... An Act relating to an exchange of lands in Fredericton with the
Ordnance Department................ . . . . . . . . . . . . . . . . . . . . . . . ......... ......... Secs. 1, 2 and 4.
32 George III.
9...... An Act to restrain all persons that may be concerned in the collection
of Impost Duties from owning any Wessel, or trading or dealing
in Dutiable Articles............................................................ The Whole.
15 Victoria.
45...... An Act to reduce the Fees on Militia Commissions......................... The whole.
6 George IV.
4......|An Act to encourage the establishment of Banks for Savings in this
Province............................................................................ do
6 William IV.
52...... An Act to make provision for carrying on the affairs of the Savings
& Bank at Saint John............................................................. do
64%
14
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap.
Title of Act.
Extent of Repeal."
* * * * * *
& e º 'º - tº
37......
PUBLIC STATUTEs of NEW BRUNswick, Vol. II—Concluded.
4 Victoria.
An Act to extend the provisions of an Act in tituled “An Act to
encourage the establishment of Banks for Savings in this
Province”............ .. • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * *
An Act further to amend the Act to encourage the establishment of
Banks of Savings in this Province......................................
9 Victoria.
\
An Act further to extend the provisions of an Act intituled “An
Act to encourage the establishment of Banks for Savings in
the Province.”....................................................................
10 Victoria.
An Act relating to Banks for Savings
w e o a c e º e º e º e < e e s m e º 'º e º e º a s tº gº º tº e º 'º e º e º e º e º e º e
15 Victoria.
An Act further to extend the
provisions of the Bank for Savings at
Sailºt John -
* * * * * * * * * * * * * * * * * * * * * * * * c e s is e º t e e º e º e º e º 'º e º u e º e º 'º e º 'º e º ſº e is e e º 'º a s sº e º se e º s is
26 George III.
An Act for admitting depositions de bene esse of Witnesses aged,
infirm and otherwise unable to travel, and of Witnesses
departing from the Province
e s sº a tº e s tº e s is e e s is e s s is a s > * * * * * * * * * * * * * * * * * * * * * * * * *
5 William IV.
An Act to facilitate the examination of Witnesses before trial in the
Supreme Court................................. ............... ..................
12 Victoria.
An Act to consolidate and amend various Acts of Assembly relating
to the further amendment of the Law
s e s a s s e e s e º 'º a e º e s = e e º e - © e º 'º - e º e º is e º e
Local, AND PRIVATE STATUTEs, NEW BRUNswick, Wol. III.
5 George IV.
An Act to extend the powers of the Mayor, Aldermen and Common-
alty of the City of Saint John, for preventing the encumbering
and filling up of the Harbor of the said City, to the waters and
places of anchorage in the vicinity thereof............................
3 William IV.
An Act to prevent the importation and spreading of Infectious
Distempers in the City of Saint John
4 William IV.
e e e s e e s a s a e º e º e º is e e s is tº e º e s e a e º e e º e º a
An Act to explain the Act for preventing the importation and
spreading of Infectious Distempers in the City of Saint John...
7 Victoria.
An Act for more effectually securing the Navigation of the River and
Harbor of Saint John, in the City and County of Saint John.
The whole.
do
do.
do.
do.
Sec. 6.
Sec. 4.
Secs. 5 and 9.
The whole.
do
do aſ
do
2260
Acts and parts of Acts repealed.
15
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
Local AND PRIVATE STATUTES, NEW BRUNSWICK, VoI. III—Concluded.
ll Victoria.
31,...., |An Act further to continué an Act in tituled “An Act to extend the
jurisdiction of the Corporation of the City of Saint John, for
the regulation of the rates of pilotage, beyond the limits now
prescribed by charter’’.......................... .................... ........ The whole.
12 Victoria.
52.....
11......
39......
& e º 'º e -
e e s e º 'º
e a tº º tº e
. |An Act in addition to, and in amendment of, the Act relating to the
..|An Act to amend chapter 118, Title X
Navigation of the River and Harbor of Saint John
a s tº e s a s & 6 º' e º e º e
14 Victoria.
An Act relating to the Navigation of the River and Harbor of Saint
John
* e g º e º e a s e º e º 'º º a tº w e º e s e º e º ºs e º v c e º e º 'o e º a º e º 'º e º 9 tº e s 6 & ſº a g º e < e º e º e º e º g º e º e º sº e º 'º e º 'º e is
16 Victoria.
An Act to revive and amend an Act to regulate the Herring Fishery
in the Parishes of Grand Manam, West Isles, Campo Bello,
Pennfield and Saint George, in the County of Charlotte
17 Victoria.
An Act to authorize the erection of a Marine Hospital at the Port of
Bathurst
a 4 tº e º e º e s a a e º 3 e º s is a c e º s a º e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Acts OF NEW BRUNSWICK SINCE REVISED STATUTES.
18 Victoria–1854.
An Act for giving effect on the part of the Province of New Bruns-
wick to a certain Treaty between Her Majesty and the United
States of America....................... © . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * *
An Act to relieve certain articles from the payment of Duty
18 Victoria—1855.
An Act relating to Jurors ............................................................
An Act relating to the Service of Process.......................................
An Act relating to Trespasses on Lands and Lumber.......................
An Act to regulate the Election of Members to serve in the General
Assembly...........................................................................
An Act to regulate the navigation of the River Saint John at or near
Indian Town, in the County of Saint John \
An Act º establish a Board of Healt
John
h in the City and County of Št.
* e s tº s is a a e g º º e º e º e s - e º e º e s is a e s e º a 6 s is tº e s tº e º e º s a tº e º s e s tº e º e s tº t e s - a e º 'º e s a e º e º a º is e º c e s &
19 Victoria—1856.
An Act to authorize the construction of Railways in this Province...
An Act relating to lands required for Railway purposes
An Act to levy an Impost for Railway ºpº
X, of the Revised Statutes
“Of Letters Patent for Useful Inventions”
© tº e g º ºs e º e a s g º e º e º a
e e º e º e s is e e º e g g º e g º e s e s e e s is a
do
do
do
do
do
do
Secs 11, 13, 14 and 15.
i. whole.
do
do
The last two lines of see.
5, and sec. 12 from
‘‘ and '' in line 4 to the
end of the section.
The whole.
do
do
do
An Act relating to the Collection of the Revenue
is a e º 'º e s = e º 'º e º e º e º e s is e e º 'º e º e
do
64}%
2261
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of NEW BRUNswick SINCE REVISED STATUTEs–Continued.
19 Victoria—1856—Concluded.
36....., |An Act relating to the exportation of Saltpetre, Nitrate of Soda and
other Chemical Salts used in the manufacture of Military and
Naval Stores .......................................................... ........... The whole.
41...... An Act in further amendment of the Law .............. Jº e º º sº tº e º e º 'º t e º 'º e º is tº e º is tº . Sec. 2, except as to any
proceeding instituted
in consequence of adul-
tery, secs. 8, 9 and 11,
also secs. I2 to 19 in-
clusive in so far as they
relate to criminal mat-
terS.
46...... An Act for transferring to one of Her Majesty's Principal Secretaries
of State the Powers and Estates vested in the Principal Officers
of the Ordnance.................................................................. The whole.
20 Victoria—1857.
3...... An Act relating to Railways in this Province................................. do
4...... An Act to alter and amend an Act intituled “An Act to authorize
the construction of Railways in this Province''............ ........ do
21 Victoria—1858.
3...... An Act to compel the attendance of Witnesses under Commissions
from other countries, and in further amendment of the Law of
Evidence............................................................................ Secs. 2 and 3.
15...... An Act to prevent the use of Poisons in the destruction of Foxes and
other Animals................................................................ .... The whole.
18...... An Act for the regulation of Railways .......................................... do
22...... An Act in amendment of the Criminal Law.............................. * * * * * * Sec. 5.
33...... An Act in amendment of Act 18 Victoria, chapter 37, in tituled “An
Act to regulate the election of Members to serve in the General -
Assembly” ........................................................................ The Whole.
22 Victoria—1859.,
1...... An Act imposing Duties for raising a Revenue............................... do
3...... An Act to establish additional Polling Places in King's County...... do
16...... An Act to repeal an Act intituled “An Act to amend the Law for
the relief of Insolvent Debtors ”........................................... do
17...... An Act to alter and amend the Law relating to Absconding and
Insolvent Confined Debtors. ................................................ do
20...... An Act relating to the Law of Evidence ................................... . . . . . do *
21...... An Act to modify the Laws relating to Interest and Usury ......., . . . . . do
22......|An Act in amendment of chapter 116, Title XXX, of the Revised
Statutes “Of Bills, Notes and Choses in Action ”.................. do
24...... An Act relating to the recovery of Damages against the Commis-
sioners of the European and North American Railway, in cer-
* tain cases ........................ .................................................. do
, 29...... An Act to place certain Provincial Buildings under the control of
the Board of Works .......................................... ................. do
34,..... An Act to alter the place for polling at Elections in the Parish of
* Brunswick, in Queen's County............................................. do
* 23 Victoria—1860.
19......|An Act in addition to, and in amendment of an Act passed in the
twenty-second year of the reign of Her present Majesty Queen
Victoria, intituled “An Act imposing Duties for raising a
Revenue” ............ ..., ****** - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
3263
Acts and parts of Acts repealed.
17
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF NEW BRUNSwick since REVISED STATUTEs—Continued.
23 Victoria—1860–Concluded.
21...... An Act relating to the Protection of the Revenue........................... The whole. ,
22......|An Act further to amend the Law relating to the Protection of the
Revenue ........................................................................... do
27...... An Act to declare the Law relating to the repeal of the Act intituled
“An Act to amend the Law É. the relief of Insolvent Debtors.” do
32...... An Act relating to procedure in Criminal Cases.............................. Secs. 1 and 2.
35...... An Act respecting the apprehension of Criminals escaping from any
of Her Majesty’s Provinces and Governments in North America
- into New Brunswick............................................................ The Whole.
41...... An Act in further amendment of chapter 118, Title XXX, of the
Revised Statutes “Of Letters Patent for Useful Inventions”. . do
42...... An Act to establish a Polling Place in the Parish of Kars, in King's
County ….............................................................…. do
48...... An Act relating to the mode of Accounting and Currency............... Sec. 2.
50...... An Act relating to certain Lands of the War Department ............... The Whole.
53......|An Act to authorize Investigation in cases of Fire in the City of
Fredericton................. * * * * * * s ſº t e º is tº e º 'º e º e s a g º e º ºs e e s m e o e º e º e º e g º s e º e º e º is tº º e e º e e Sec. 4.
65...... An Act relating to the Inspection and Testing of Gas and Gas Meters
in the City of St. John......................................................... The Whole.
24 Victoria–1861.
3,..... An Act relating to Savings Banks ................................................ do
13,..... An Act to establish additional Polling Places in the City of Saint
John and City and County of Saint John.............................. do
25 Victoria — 1862.
9...... An Act in addition to, and in amendment of, the Acts imposing
Duties for raising a Revenue, and in amendment of an Act
passed in the nineteenth year of Her present Majesty's Reign,
intituled “An Act to levy an Impost for Railway purposes '' do
12......|An Act to explain an Act passed at the present Session, intituled
“An Act in addition to, and in amendment of the Acts impos-
ing Duties for raising a Revenue, and in amendment of an Act
passed in the nineteenth year of Her Majesty's Reign, intituled
An Act to levy an Impost for Railway purposes’ ” ............. do
22,..... An Act to authorize Investigation in cases of Fire in the several
Counties in this Province ................................................... Sec. 4.
30......|An Act to amend the Revised Statutes, chapter 53, “Of Rates and
Taxes’..........................................…................................ Sec. 17.
33...... An Act to repeal part of chapter 163 of the Revised Statutes, ‘‘ Of
Fees,” so far as the same relates to Fees on Patents, and to
make other provisions in lieu thereof.................................... The Whole.
58...... An Act to change the present Polling Place in the Parish of Cam-
bridge, in Queen's County, and to establish another Polling
Place in said Parish in lieu thereof....................................... do
59...... An Act to establish an additional Polling Place in the Parish of
Grand Manan, in the County of Charlotte.......... .................. do
60...... An Act to change the Polling Place in the Parish of St. Leonard, in
the County of Victoria....................................................... do
6l...... An Act relating to the Polling Place in the Parish of Maugerville,
in the County of Sunbury ................................................... do
62...... An Act relating to the Polling Places in the Parishes of West Isles
and Campo Bello, in the County of Charlotte........................ do
63...... An Act to establish additional Polling Places in the County of York. do
80....., |An Act relating to the office of Commander-in-Chief ...................... do
26 Victoria—1863.
1....., |An Act to continue and amend an Act imposing Duties for raising
a Revenue, and the several Acts in amendment thereof, and to
make further provision for raising a Revenue ........................ do
5...... An Act to authorize a Loan, and for the construction and manage-
ment of the Intercolonial Railway ....................................... do
2263
18
Acts and parts of Acts repealed.
SCHEDULE A–Continued.

Châp. Title of Act. Extent of Repeal.
Acts of New BRUNswick since REVISED STATUTEs—Concluded.
27 Victoria–1864.
13......|An Act relating to the Savings Bank in the City of Saint John........ The whole.
40......|An Act relating to Affidavits, Declarations and Affirmations made.
out of this Province for use therein..................................... ... [Sec. 7.
44......|An Act to facilitate the winding up of the affairs of Incorporated &
Companies ..... .................….................................…........ The whole so far as it re-
- - lates to insolvency or
to the winding up of
companies, º
winding up of which
provision has •
f made by the Parlia-
ment of Canada.
28 Victoria—1865.
1...... An Act relating to the Militia .......................................... ........... The Whole.
24...... An Act to enlarge and improve the Landings at Indian Town, in
the Parish of Portland, and for other purposes..................... Sec. 10.
6l...... An Act to authorize the exchange of certain Public Lands in the -
City of Fredericton............................................................ Secs. 1 and 2.
29 Victoria—1866.
4...... An Act to establish additional Polling Places in the County of York|The whole.
5...... An Act to alter the place for Polling at Elections in the Parish of
Hampton, in King's County............................................... do
6...... An Act to establish a Board of Health for the City of Fredericton...|Sec. 7.
30 Victoria—1866.
1...... An Act relating to the imposition of Duties for raising a Revenue....|The whole.
6...... An Act in amendment of an Act relating to the Militia ................... do
25,..... An Act relating to the Polling Places in the County of York.......... do
30 Victoria—1867.
1......|An Act to amend the Law relating to the imposition of Duties for
raising a Revenue.............…............................................... O
10...... An Act to establish County Courts................................................ Secs. 2 to 6 inclusive, and
Sec. 35.
ll...... An Act in addition to an Act thirtieth Victoria, intituled “An Act
to amend the Law, relating to the imposition of Duties for
raising a Revenue.”............................................... .* * * * * * * * * * * * * The whole.
15...... An Act to repeal, an Act intituled “An Act relating to certain
exemptions from duty at the Port of Saint Stephen................. do
23...... An Act to establish an additional Polling Place in the Parish of
Grand Falls, in the County of Victoria........................ ........ do
24......|An Act to establish an additional Polling Place in the Parish of
Carleton, in the County of Kent.......................................... do
25...... An Act to change the place for holding Elections in the Parish of
Lepreaux, in the County of Charlotte................................... do
26...... An Act to establish additional Polling Places in the County of
Carleton......…............................ ........................ .......... do
34...... An Act to amend Chapter 116, Title XXX, of the Revised Statutes
“Of Bills, Notes and Choses in Action; ” also, twelfth Victoria,
chapter 39, relating thereto ................................................ Sec. 2.
37...... An Act, to prevent non-resident Peddlers travelling and selling
Within this Province without License.......................... & e º g g g g tº º 0. Sec. 7.
2264
Acts and parts of Acts repealed.
19
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF BRITISH Columſ BIA.
Laws of the formerly separate Colony of Vancouver Island.
10......|An Act to authorize the Governor of Vancouver Island to borrow
the sum of Forty Thousand Pounds on the security of the
General Revenue of the said Colony..................................... Sec. 18.
12......|An Act to amend an Act for the preservation of Game.................. Sec. 2.
15...... An Act to provide for the retirement of David Cameron, Chief Jus-
tice of the Colony of Vancouver Island and its Dependencies...|The whole.
18...... An Act to prevent the unauthorized issue of Bank Notes and Paper
Currency......... ........................... ...................................... do
19...... An Act to provide for the periodical publication of the Liabilities
- and Assets of Banks in Vancouver Island and its Dependen-
cies, and for the registration of the names of the proprietors
: . thereof................................... ........................................... do
21......|An Act for the Regulation of Electric Telegraphs within the Colony
of Vancouver Island and to secure secrecy and fidelity in the
transmission of Telegraphic Messages................................... The whole, except secs.
9, 11, 12, 13 and 15.
24......|An Act to enable the Governor of Vancouver Island to borrow the º
sum of Ninety Thousand Dollars upon the security of the
General Revenue of the Colony ........................................... Sec. 7.
Laws of the formerly separate Colony of British Columbia.
30...... Proclamation respecting Jurors, “Jurors' Act, 1860'’.................. Secs. 2 and 3 in so far as
they relate to criminal
matters, and sec. 5.
32...... Proclamation, “Road Tolls Act, 1860’’.................. . . . . . . . . . . . . . . . . . . . . . . . Secs. 2, 3, and 4.
33......|Proclamation imposing Duties, Tolls and Fines, “Southern Boun-
dary Act, 1860”................................................................. The Whole.
39...... Proclamation, “The British Columbia Loan Act, 1862 ''................... Sec. 18.
45...... Proclamation, “The British Columbia Loan Act, 1863.”........ ........ Sec. 18. º
50...... Proclamation, “Crown Officers' Salaries Act, 1863.”..................... As to salaries of Gov-
ernor, Judge of Su-
preme Court, and Col-
lector of Customs.
52...... An Ordinance to authorize a Loan of one hundred thousand pounds. Sec. 16.
58...... An Ordinance to exempt certain articles from Road and Ferry Tolls
and for other purposes.......................................... ........... The whole as respects
ferry tolls.
60...... An Ordinance for regulating the amount and application of the
Fees to be taken in the Supreme Court of Civil Justice from º
suitors therein..................................................................... The ... ‘ Or º:
ruptcy. 8.D. egis-
. 'or 'o';a As-
signee' in line 10 of
sec. 4, and so much of
the Schedule as relates
- - to fees in bankruptcy.
62...... An Ordinance respecting the Salary of the Office of Governor......... The whole. e
65...... An Ordinance to amend the Law relating to Joint Stock Companies.|The whole so far as it re-
lates to insolvency or
to the winding up of
companies, for the
winding up of which
provision has been
made by the Parlia-
- ment of Canada.
Laws of British Columbia after the Union of Vancouver Island *
and British Columbia.
... “69...... An Ordinance to prevent the violation of Indian Grayes ............. ... The whole. g
70......|An Ordinance to assimilate the general application of English Law.Sec. 2 so far as it relates
- - to the Criminal Law,
and secs. 1 and 3.
2265
20
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTEs of BRITISH Columbia—Continued.
JLaws of British Columbia, &c.—Continued.
72...... An Ordinance for the regulation of Ferries and Bridges.................. The whole.
74,..... An Ordinance to provide for the taking of Oaths and admission of
Evidence in certain cases ........................... e e º e º e o a e º e s e e º s e º e º e º e o s Secs. 3 and 9.
T5...... An Ordinance for the protection of Inventions............................... The Whole.
76......|An Ordinance to assimilate and amend the Laws relating to Licenses
and direct Taxes on Persons ................................................ Sec. 6.
77...... An Ordinance to assimilate the Law exempting the Homestead and
other Property from forced Seizure and Sale in certain cases,
in all parts of the Colony of British Columbia........................ Secs. 5, 11 and 12, as to
exemption from seizure
in bankruptcy matters.
78...... An Ordinance to declare the application of the existing Laws of
Customs ............................................................................ The whole.
79...... An Ordinance to amend the Duties of Customs............................... do . .
80...... An Ordinance to authorize the issue of Debentures for short tempor-
ary Loans.................................................................. ........ Sec. 10.
82...... An Ordinance to render uniform the Laws establishing a Decimal
System of Accounts and regulating the Currency of the
Colony .......................... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * The Whole.
83...... An Ordinance to assimilate the Law empowering the Governor to
create Ports of Entry in British Columbia ............................ do
85...... An Ordinance to assimilate and amend the Law prohibiting the sale
or gift of Intoxicating Liquor to Indians .............................. The wº except secs. 6,.
10 and 11.
88...... An Ordinance respecting Practitioners in Medicine and Surgery...... Sec. 9.
89...... An Ordinance to regulate the Solemnization of Marriages.............. Sec. 14.
90...... An Ordinance to amend the Laws relating to Gold Mining ............. Secs. 153 and 154.
91...... An Ordinance to regulate Excise in all parts of the Colony............. The whole.
92...... An Ordinance to assimilate the Laws for the regulation of Harbors
in all parts of the Colony of British Columbia........................ do
93...... An Ordinance to assimilate the Law regarding Aliens in all parts of
the Colony of British Columbia........................................... Secs. 10 and 11.
95...... An Ordinance to amend and assimilate the procedure of the County
Courts in all parts of the Colony of British Columbia.............|Sec. 3.
98...... An Ordinance for the more effectual protection of Her Majesty's
Naval and Victualling Stores............................................... The whole.
105...... An Ordinance to amend “The Shipping Ordinance, 1867’’............. do
107...... An Ordinance to establish Banks for Savings within the Colony of
British Columbia ................................................................ do
108...... An Ordinance for promoting the Public Health in the Colony of
British Columbia ...... ........................................................ Secs. 1 and 6, in so far as
they relate to quaran-
tine.
110...... An Ordinance respecting the appointment of Commissioners to take
Affidavits and Bail and for the making of Statutory Declara-
tions .......................... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a e e s e e a s e e Sec. 2 from the second
“and” in line 3 to the
end of the section.
114...... An Ordinance for the better protection of Cattle, and the better
prevention of Cattle Stealing .............................................. Sec.S. 1 and 2.
117..... An Ordinance to establish a Volunteer Force ................................. The whole.
125...... An Ordinance respecting Indian Reserves ..................................... O
129...... An Ordinance respecting “The Companies' Ordinance, 1866 ''........ The whole so far as it
relates to insolvency or
to the winding up of
companies, or the
winding up of which
provision has been
made by the Parlia-
ment of Canada.
l34......|An Ordinance to create a further Duty of Customs for the Public
| Service “................................................................... s e º e º e s e e The whole.
Acts and parts of Acts repealed.
21
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal. '
REVISED STATUTEs of BRITISH Columbia—Concluded.
Laws of British Columbia, &c.—Concluded.
138...... An Act to authorize a loan of £75,000 ~~~~ Sec. 18.
141,..... An Act to make general regulations for the establishment and
management of Cemeteries in the Colony of British Columbia. Sec. 10 and the words “he
. shall be guilty of a mis-
demeanor” in line 4 of
& Sec. 11.
143,..... An Ordinance to assimilate the Law relating to the Transfer of Real
* Estate, and to provide for the registration of Titles to Land
throughout the Colony of British Čolumbia....................... Secs. 81, 82, 83, 84 and 85.
149......|An Act to amend “The Tolls Exemption Ordinance, 1865.”........... The whole, as respects
..] An Act for ascertaining damages on protested Bills of Exchange
An Act respecting Literary Societies and Mechanics' Institutes........
An Act to repeal “The Customs Amendment Ordinance, 1870’’......
An Act to amend the Law as to the qualification of Electors, and of
Elective Members for the Legislature, and to provide for the
registration of persons entitled to vote at elections of such
Members
* * * * * * * * * * * * * * * * * * * * * * e º 'º e s e a s a e a a e s s a e e s e s is e º e º 'º e º & a e & a e e s is a w e g º e s e e s = e g º º e
An Act to regulate Elections of Members of the Legislature of this
Colony.......................... F - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
An Act to prevent Bribery, Treating and undue Influence at Elec.
tions of Members of the Legislature
e e s is tº e s tº a tº a tº e º o ºs e º e º º e º 'º e º e º e º e s a 2 g º a s g
An Act to Incorporate Charitable, Philanthropic and Providential
Associations
An Act to abolish Road Tolls on all Articles coming from the Interior
of the Colony, in the direction of the Seaboard
* * * * * * * * tº s sº s is tº e º e º ºs e e s e e º e º s s e s is e e e º e º ºs e e g º e º 'º e º e º ºs e º 'º t e º e º e e º e º e º nº e º 'º
e e s e º a tº e º 'º e s tº e º e º e º e &
An Act to make provision for inquiring into Controverted Elections
and Disputed Returns of Members to serve in the Legis-
lature *
e • B & e º is º & e º e º e º e s tº a s e is a sº & is ſº e º e e s e e s tº e e o e s ∈ is e º is a s e e s e s tº e º 'º e º a e º e s & 8 e º 'º e º s e < e º e º e e g
An Act to exempt (in certain cases) Cattle farmed on shares, and
their increase, from the operation of any Bankruptcy or Insol-
vency Laws
tº s º º e º º 'º a e g º a tº e º ºs e e º e º e º a tº a e º e º e º 'º e o e º is e e º 'º sº e º 'º & s e º 'º e º 'º e s tº e º e º e º e a e g º e º o
REVISED STATUTEs of PRINCE Epward ISLAND.
13 George III.
... An Act for confirming the past Proceedings of His Majesty's Gover-
nor and Council, antecedent to the calling of a General Assem-
bl
An Act to confirm and make valid in Law all manner of process and
roceedings in the several Courts of Judicature within this
sland, from the first day of May, one thousand seven hundred
and sixty-nine, to this present Session of Assembl
e e : º a s e s ∈ e º ſe e º e º e º sº e s is a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a s e s m e º e s is e a e s m & e s is e º 'º e º e º e s a e
ferry tolls.
Sec. 22. .
The Whole.
The form of oath of alle-
giance in sec. 3; secs. 18
and 40, and the whole,
as respects elections for
the House of Commons
of Canada.
Secs. 30, 99, 100 and 106,
and the whole, as re-
spects elections for the
House of Commons of
Canada.
The whole, as respects
elections for the House
of Commons of Canada.
Sec. 9.
The whole, as respects
ferry tolls.
Sec. 29 from “and” in
line 2 to the end of the
section.
Sec. 3 from the second
‘‘ and '' in line 6 to the
end of the section.
The Whole.
do
do
2267
22
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap.
Title of Act.
Extent of Repeal.
12......
* g º 'º º tº
REVISED STATUTES of PRINCE EDWARD ISLAND–Continued.
16 George III.
An Act to confirm and make valid in Law all manner of Process and
Proceedings in His Majesty's Supreme Court of Judicature of
this Island, from the twenty-fifth day of July, in the year of our
Lord one thousand seven hundred and seventy-five, to this pre-
sent Session of Assembly
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
25 George III.
An Act for admitting Depositions, de bene esse, of Witnesses, aged,
infirm or otherwise unable to travel, and of Witnesses depart.
º from this Island............................................................
An Act for permitting persons of the profession of the people called
Quakers to make an Affirmation instead of taking an Oath.....
26 George III.
An Act for the trial of Actions in a summary way
50 George III.
An Act to prevent the harboring deserters from His Majesty's N avy
or Army, and for giving a reward for apprehending deserters ;
gº to prevent harboring deserters from ships in the Merchant
CrVICe
• * * * * * * * * * * * * * * * e s e e º e º s e e s e a e e s a e º & e º a s e s e e s • * * * * * * * * * * * * * * * * * * * g g o e < * * * * * * *
5 George IV.
An Act to regulate the Fisheries of this Island....... * * * * * * * * * * *... • * * * * * * * * * * *
An Act to empower His Excellency the Lieutenant Governor or
Commander-in-Chief for the time being to appoint Commis-
sioners to issue Treasury Notes
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º e e g º e º e º ſº
6 George IV.
An Act to authorize the Commissioners named and appointed under
an Act made and passed in the fifth year of the reign of His
present Majesty, intituled “An Act to empower His Excellency
the Lieutenant Governor or Commander-in-Chief for the time
being to appoint Commissioners to issue Treasury Notes” to
issue notes of the value of ten shillings each
9 George IV.
An Act for continuing several Laws near expiring.........................
10 George IV.
An Act for the security of Navigation, and for preserving all ships,
vessels and goods which may be found on shore, wrecked or
stranded, upon the coasts of this Island, and for punishing
persons who shall steal shipwrecked goods, and for "the relief
of persons suffering loss thereby...........................................
The Whole.
Sec. 3.
Sec. 2 from the begin:
ning to “affirmation”
in line 11.
Sec. 8.
Secs. 1 and 2.
Sec. 6 from “and '' in
line 7 to the end of the
section, and sec. 7.
The whole.
do
do
do
2268
Acts and parts of Acts repealed.
23
SCHEDULE A–Continued.

Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
- ll George IV.
7......|An Act for the relief of His Majesty's Roman Catholic subjects.........|The form of oath insec. 2.
9,.....|An Act for the further security and recovery of moneys due to His
Majesty upon Duties of Impost and Excise, and for regulating
the offices of Treasurer and Collector of Impost..................... Sec. 1, and so much of
- Sec. 2 as relates to Col-
lectors of Impost and
Excise.
16......|An Act to authorize a further issue of Treasury Notes, and to con-
tinue an Act intituled “An Act to revive and continue two
certain Acts therein mentioned”......................................... The whole.
I William IV.
9 .....|An Act to authorize Justices of the Peace to enforce the attendance
of Witnesses in certain cases................................................ do
15......|An Act to authorize a further issue of Treasury Notes .................... do
2 William ITV.
2......|An Act to prevent the destruction of Oysters by burning the same
for the purpose of converting the shells thereof into Lime ...... do
13,.....|An Act to prevent the importation and spreading of Infectious
Diseases within this Island................................................ ... • do
14......|An Act to confirm and render valid certain Marriages heretofore
Solemnized within this Island; and also to declare by whom
and in what manner Marriages shall be celebrated in future, -
and to provide for the public registry of the same.................. Sec. 1.
15......|An Act establishing the mode of recovering Penalties and Costs
before Justices of the Peace, where the same are imposed by
certain Acts of the General Assembly of this Island, and no
provision is made for the enforcing thereof......... . . . . . . . . . . . . . . . . . . The Whole.
3 William IV.
8...... An Act to repeal two certain Acts therein mentioned, for licensing
and gºing Ferries, and to make other provisions in lieu do
thereof.........…..................................................................
10......|An Act to regulate the registry of Deeds and Instruments relating
to the title to Land, and to repeal the Laws heretofore passed
for that purpose................................................................. Sec. 7.
13......|An Act to authorize a further issue of Treasury Notes, to the amount
of Five Thousand Pounds, and to repeal an Act therein men-
tioned.............................................................................. The whole.
4 William IV.
11...... An Act to repeal certain Acts therein mentioned........................... do
18,..... An Act for the better conveyance of the Mails in the Winter
Season. ... ........................................ * * * * * * * * * * * * * - - - - - - - - - - - - - - - . . . . . . do
5 William IV.-(First Session.)
11......|An Act to amend and render perpetual certain laws now in force
relating to Treasury Notes...................................................t do
24
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
6 Wºłłąam IV.
3 .....|An Act to restrain the issue of certain Promissory Notes ................ The Whole.
12...... An Act for the appointment of a Commissioner to ascertain and
determine the amount to be paid by this Island towards the
Support and maintenance of Lighthouses .............................. do
21......|An Act to improve the administration of Justice in Criminal Cases. do
22,.....|An Act to provide for the punishment of Offences against the Person
and Property, and to repeal the Act relating to “Treasons
and Felonies” ................................................................... do
7 William IV.
21...... An Act for granting Patents for useful Inventions ......................... do
1 Vºctoria.
18...... An Act to reduce the penalty imposed on certain offences by an
Act of the Imperial Parliament, passed in the seventh year of
the reign of His late Majesty, intituled “An Act for pun-
ishing Mutiny and Desertion, and for the better payment of
the army and their quarters”............................................... do
2 Victoria—(First Session.)
2...... An Act for further continuing an Act intituled “An Act to regu-
late the Fisheries of this Island................ ........................... do
3 Victoria.
15...... An Act to authorize the sale, in certain cases, of vessels, boats,
oods, Wares and merchandise and other things seized as for-
eited under any Revenue Law of this Colony........................ do
16...... An Act to prevent the bringing persons convicted of felonies and
misdemeanors to this Island from the Island of Newfoundland
or elsewhere in America...................................................... do
8 Victoria.
3...... An Act to make New Provisions for the support of Lighthouses,
Buoys and Beacons.............................................................. do
10...... An Act to dispense with convictions in form as now required, in
certain cases heard before Justices of the Peace..................... do
9 Victoria.
14......|An Act for enabling Courts to abstain from pronouncing sentence of
death in certain cases.......................................................... do
16...... An Act for authorizing the Apprehension of Persons in any County
or place upon Warrants granted by Justices of the Peace of
any other County................................................................ do
21,..... An Act for the better regulation of business in the public Treasury
of this Island............. • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Secs. 2, 5 and 6.
10 Victoria.
4...... An Act to repeal certain Duties and Customs set forth in a certain
Act passed in the Session of Parliament holden in the eighth
and ninth years of Her present Majesty's reign, intituled “An
Act to regulate the trade of the British Possessions abroad,’”
so far as the same relate to this Colony.................................
The Whole,
2270
Acts and parts of Acts repealed. 25
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
10 Victoria—Concluded.
A0...... An Act to abolish Deodands......................................................... The whole.
22,..... An Act to authorize the calling in of all Treasury Notes now in cir-
culation, and the re-issue of the amount thereof from plates
of a new design, and to explain and amend the Acts therein
mentioned.......................................................................... do
17...... An Act to prevent the failure of justice by reason of variances
between Records and the evidence produced in support thereof. The whole, in so far as
it relates to griminal
- - matters.
21...... An Act for doing away with the Qath of Abjuration heretofore im-
posed on Roman Catholics................................................... The Whole.
11 Victoria.
6...... An Act to authorize the appointment of a Master of the Rolls to the
Court of Chancery, and an Assistant Judge of the Supreme
Court of Judicature in this Island.......................................
A. M. An Act to regulate the Importation of Books and to Protect the
British Author....................................................................
12 Victoria.
*...... An Act relating to the limits and rules of Jails in this Island.........
3...... An Act to authorize Free Trade with the United States of America in
certain enumerated articles..................................................
4...... An Act for improving the Law of Evidence...................................
9...... An Act to consolidate, amend and reduce into one Act, all the Acts
of the General Assembly of this Island, relating to the estab-
lishment of terms of the Supreme Court of Judicature.............
12......|An Act to consolidate and amend the several Acts relating to Prison
Discipline and Hard Labor, and to repeal certain Acts therein
mentioned ..........................................................................
16...... An Act to consolidate and amend the several Acts relating to Sum-
mary Trespasses, and to repeal cºrtain Acts therein men-
tioned.............................. ......................... .. .....................
38......|An Act relating to Harbor and Ballast Masters........................ ......
20...... An Act to prevent Peddlers travelling and selling within this Island
without License..................................................................
22......|An Act relating to Lighthouses and Buoys and Beacons .................
26...... An Act to repeal three certain Acts therein mentioned....................
27...... An Act to repeal and alter certain parts of the Emigrant Act.........
28...... An Act relating to costs in cases of penalties recoverable before
Justices of the Peace, and to repeal a certain Act therein men-
tioned................................................................................
Secs. 1 and 4.
The whole.
Sec.4 from the commence-
ment thereof to the
word “committed '' in
line 4.
The Whole.
Sec. 1 from “that ” in
line 9 to “Offence '' in
line 26, and sec 2, both
in so far only as they
relate to criminal mat-
terS.
Sec. 4, as respects Crimi-
mal matters.
Sec. 2.
Secs. 3, 14, 15, 16, 18 and
21.
The Whole.
ec. 5.
The whole.
do
do
do
14 Victoria.
2...... An Act to consolidate and amend the Laws now in force for the
relief of Insolvent Debtors........................................ • * * * * * * * * * *
3...... An Act to commute the Crown Revenues of Prince Edward Island,
and to provide for the Civil List thereof as well as for certain
compensations therein mentioned.........................................
Sec. 17.
The second, third, fourth
and fifth paragraphs of
sec. 1, and secs. 10, 11.
and 16. -
2271
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
14 Victoria—Concluded.
23...... An Act to provide for removing the Post Office of Charlottetown
into the old Court House therein, and for other purposes
therein mentioned............................................................... Sec. 1.
26...... [An Act to reduce the Salary of the Collector of Impost and Excise
for the District of Charlottetown..................................... ..... [The whole.
32...... An Act to provide Salaries for the Controllers of Customs and Navi-
ation Laws, appointed or to be appointed at the various
utports in this Island, and to repeal a certain Act therein
mentioned............................ ..............................................
15 Victoria.
An Act to further continue an Act intituled “An Act to regulate
the Fisheries of this Island ’’................................................
An Act to continue two several Acts therein mentioned, relating to
the floating of logs, scantling, deals, and other kinds of wood
down the rivers and lesser streams in this Island..................
An Act further to continue an Act regulating Seamen shipped on
board of any ship or vessel belonging to Prince Edward
Island, whilst within the precincts of the said Island............
An Act to prevent the Stealing of Dogs.........................................
An Act to facilitate the Proving of Wills and Testamentary Dispo-
sitions within this Island ...................................................
An Act relating to the Charlottetown Ferry and the wharves con-
nected there with.................................................................
16 Victoria.
An Act for further improving the Administration of Criminal Justice.
An Act to amend the Law of Evidence..........................................
An Act to enable the Government of this Island to take possession
of Lands when required to erect Lighthouses, and for other
purposes connected with Lights and Beacons, and to pay
compensation to the Owners or Occupiers thereof..................
An Act relating to the Packet Service between Bedeque and Shediac
do
do
do
do
do
Sec. 2.
Sec. 10.
The whole.
Secs. 3, 4, 6, 8, 13 and 16.
The Whole.
do
* 17 Victoria.
An Act relating to certain lease and monetary obligations entered
into before the passing of the Currency Act..........................
An Act relating to Prisoners under sentence of imprisonment with
hard labor in Prince and King's Counties........ & e s tº e º ºs e º º tº e º e e g c e s e e
18 Victoria.
An Act to authorize free trade with the United States of America,
under a treaty between Great Britain and the United States of
America. ...........................................................................
An Act to consolidate and amend the laws relating to the manner of
proceeding upon Controverted Elections of Members to serve
in the General ASS mbly.....................................................
An Act relating to the office of Road Correspondent, and the ap-
pointment of Assistants in the several offices in this Island
therein mentioned......... ............................................. ........
An Act to continue the Act relating to the limits and rules of Jails
do
do
The whole.
Sec. 11, and the whole as
respects Elections for
the House of Commons
of Canada.
Secs. 2 and 5, as respects
the Postmaster Gener-
al and the Assistant
to the Postmaster Gen.-
eral.
in this Island ............................... .....................................
The Whole.
Acts and parts of Acts repealed.
27
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal. .
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
19 Victoria.
4...... An Act to continue an Act for the regulation of the Mackerel
Fishery.............................................................................. The whole.
5...... An Act to continue the Act relating to the laying down, erection
and maintenance of buoys and beacons in this Island............ do
7...... An Act further to improve the Law of Evidence.............................. Secs. 5 to 9 inclusive, as
respects criminal pro-
cedure.
10......|An Act relating to the Indians of Prince Edward Island.................. The whole.
21...... An Act to increase the number of Members to serve in the General -
Assembly, and to consolidate and amend the laws relating to
Elections ........................................................................... Sec. 53, and the whole so
far as it relates to elec-
tions for the House of
Commons of Canada.
22...... An Act to facilitate the performance of the duties of Justices of the
Peace in this Island, with respect to persons charged with
Indictable Offences............................................................. The whole, except sec. 16
and the scale of fees in
the Schedule.
23...... An Act to facilitate the performance of the duties of Justices
of the Peace with respect to Summary Convictions and º
Orders................................................................................ The whole, except sec. 24
and the scale of fees in
the Schedule.
20 Victoria.
6...... An Act to provide for the appointment of an additional Assistant in
the Post Office, and to increase the salary of the present Assis-
tant.................................... .............…............................. The whole.
7...... An Act relating to Ferries and Minchin's Point Wharf................... do
21 Victoria.
9......|An Act subjecting the Militia to the Mutiny Act and Articles of do
8.1".
14...... An Act for the safe custody of Insane Persons charged with offences,
and otherwise to amend the Law with respect to offenders
convicted of crimes punishable with death ............................ The whole, except sec. 3.
15...... An Act to continue, for certain purposes, the Seduction Act, and to
make other provisions in lieu thereof as regards all future
actions............................................................................... Sec. 10.
22 Victoria.
4...... An Act to enable Aliens to hold real estate.................................... The Whole.
5...... An Act to continue the Act authorizing the appointment of Coal
Meters, except in so far as relates to Charlottetown.................. do
9...... An Act to continue certain Acts therein mentioned........................ do
12...... An Act further to continue an Act regulating Seamen shipped on
board of any ship or vessel belonging to Prince Edward Island,
whilst within the precincts of the said Island............... ......... do
23 Victoria.
8...... An Act to continue certain Acts therein mentioned........................ do
20...... An Act to enable the Controller of Navigation Laws in this Island
to grant and issue Fishery Licenses to citizens of the United
States for Wessels built in Prince Edward Island, and owned
by them ................................................................ * * * * * * * g e e s a tº
do
28
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND–Continued.
24 Victoria.
7...... An Act for the preservation of the Alewives' Fisheries in this Island. Secs. 11 and 12.
70......|An Act to consolidate and amend the Laws relating to Grand and
Petit Jurors in this Island .................................................. Secs. 20, 21 and 30 and
Sec. 33 from ‘‘ or '' in
line 11 to the end of the
section, in so far as they
relate to criminal mat-
terS.
16...... An Act to repeal a certain Act therein mentioned relating to the
prevention of Smuggling..................................................... The Whole.
# 7...... An Act to prevent Congregations being disturbed or disquieted dur-
ing the performance of Public Worship................................. do
23...... An Act to continue certain Acts therein mentioned............. .......... do
36. .... An Act to continue the Act relating to Packets sailing between this
Island and the Provinces of Nova Scotia and New Brunswick. do
37...... An Act relating to the punishment of certain cases of Felony and
ſisdemeanor .......... ........ ......... .......... .................. ........ . . . . . . . Secs. I and 2.
29...... An Act for the Protection of Copyright......................................... The whole.
31...... An Act to give summary protection to persons employed in the
. publication of Parliamentary Papers .................................... The whole, except sec. 4.
34...... An Act to repeal certain parts of the Act consolidating the Election
Laws, and to make other provisions in lieu thereof................ Secs. 18, 24 and 28, and
the whole as respects
elections for the House
of Commons of Canada
25 Victoria.
2...... An Act to consolidate and amend the Laws relating to Statute
Labor and the expenditure of Public Moneys on the Highways. ||Secs. 31 and 48.
3...... An Act to continue the several Acts therein mentioned.................. The whole.
7......|An Act for raising a Revenue.............. ........................................ do
9...... An Act relating to Electric telegraph communication with this
Island................ ................................. ....................... .... do
11...... An Act to authorize the Government to prohibit the exportation of
Military or Naval Stores and Provisions............................... do
19...... An Act to authorize Grants on the Shores of this Island......... ....... do
22...... An Act to promote Vaccination .................................................... Sec. 9.
34...... An Act for the naturalization of Aliens......................................... The Whole.
26 Victoria.
3...... An Act relating to Steam Navigation in this Island........................ do
10...... An Act to alter and amend the Act for the preservation of the Ale-
wives' Fisheries in this Island ............................................. do
H4...... An Act for the naturalization of Aliens......................................... do
27 Victoria.
5...... An Act to regulate the Inspection of Flour and Meal ...................... The whole.
6...... An Act to amend the Law relating to Bills of Exchange and Promis-
sory Notes ......................................................................... Secs. 1 and 2.
8...... An Act relating to the office of Commander-in-Chief ..................... The whole.
3...... An Act to amend the Act now in force for the relief of Insolvent
D btors.............................. ............. .... ............................. Sec. 2.
10...... An Act to revive and continue the Act in tituled “An Act to
regulate the Fisheries of this Island”..................................... The whole.
23...... An Act to provide for the establishment of a Marine Court of Inquiry do
32...... An Act relating to Steam communication between Charlottetown I
and certain parts of the Hillsborough and Elliot Rivers, and
to repeal a certain Act therein mention d...... ..................... Sec. 5.
36...... An Act relating to the fraudulent marking of Merchandise ............ The whole.
2274
Acts and parts of Acts repealed.
29
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
REVISED STATUTES OF PRINCE EDWARD ISLAND– Continued.
28 Victoria.
10...... An Act to amend the Act for constituting Boards of Health............ The whole.
11...... An Act to regulate the salaries of the Collectors of Impost and
Excise, for the districts of Bedeque and Georgetown.............. do
18...... An Act to make provisions for the regulation of seamen shipped on
board of any ship or vessel owned in or belonging to Prince
Edward Island, while such ship or vessel shall be within the
precincts of the said Island.................................................. do
19...... An Act for regulating the Inspection of Pickled Fish for exportation
from this j tº e s e º º e º & e º s e º e º º tº s º a s is e º 'º & © e º g s a g º e s e s a s s a e s is e s tº e º e º 'º e º tº s e s ∈ & e º º ſº do
20...... An Act, in amendment of the Act regulating the Inspection of
- Pickled Fish for exportation from this Island ........................ do
25...... An Act to amend the Law respecting defamatory Words and Libel...|Secs. 3 to 8, inclusive,
secs. 9 and 10 in so far
as they relate to crimi-
nal matters, and sec.
ll.
28,..... An Act to continue the Act of the twenty-first year of the reign of
Her present Majesty, intituled “An Act to continue for cer.
tain purposes the Seduction Act, and to make other provis-
ions in lieu thereof, as regards all future actions "................|The whole.
29 Victoria.
2...... An Act for the regulation of the Militia and Volunteer Forces ......... do
3...... An Act to prevent the concealment of Arms or Munitions of War
intended for unlawful purposes............................................. do
5...... An Act to continue certain Acts therein mentioned........................ do
8...... An Act to prevent the clandestine training of persons to the use of
Arms, and to the practice of Military evolutions.................... O
10...... An Act to amend the laws relating to Elections......................... ... Sec. 11 from the com-
mencement thereof to
“to '' in line 11, and
the whole Act as re-
spects elections for the
ouse of Commons of
; : Canada.
17...... An Act to continue and amend a certain Act therein mentioned...... The Whole.
29...... An Act to consolidate and amend the Laws relating to the convey-
ance and transfer of real and personal Property vested in
Mortgagees and Trustees ..................................................... Sec. 59.
30 Victorza.
5...... An Act to continue certain Acts therein mentioned........................ The whole.
6...... An Act to add to and amend the Act for the regulation of the Militia
and Volunteer Forces ......................................................... do
13,..... An Act to repeal two certain Acts, compelling masters of vessels to
exhibit a Light while in Harbor at night time, and to make
other provisions in lieu thereof........................... .................. do
18...... An Act relating to Practice and Pleading in the Supreme Court...... Sec. 14 from “provided”
in line 9 to the end of
the section.
31 Victoria.
5...... An Act to revive and continue a certain Act therein mentioned...... The whole.
6...... An Act to consolidate and amend the several Laws relating to Edu-
cation............... ......... ........................ • e º ºs e g º e s e º e º 'º e s e s ∈ º e º e º ºs e º e º & tº 4 The words “and militia.
duty'' in sec. 32.
8...... An Act to repeal the Acts now in force, establishing and regulating
the rate of Interest, and to make some provisions on the same
subject
g º e º e g g g º a tº e g º ºs e a tº e s tº g e º e g º º º is tº º e º e s e º ºs e º e s is & º a tº e º ºs e & © e º f * * * * * * * * * * * * * * * * g e e º º
The whole.
65%
30
Acts and parts of Acts repealed.
SCHEDULE A–Contiuued.
Title of Act.
Chap. Extent of Repeal.
REVISED STATUTEs of PRINCE EDWARD ISLAND – Concluded.
31 Victoria—Concluded.
10...... An Act to amend and explain the Act passed in the second year of
His Majesty King William the Fourth, relating to the cele-
bration of Marriages, so far as the same relates to the Bible
Christian Church..................... ......................................... Sec. 2.
12...... An Act for the better security of the Crown and Government of the
United Kingdom within this Island......................................: The Whole.
24,..... An Act to consolidate and amend several Acts therein mentioned
relating to the Savings Bank................................................ do
AcTs of PRINCE EDWARD ISLAND SINCE REVISED STATUTES.
32 Victoria.
2...... An Act to provide for the payment of the salaries of future Lieu-
tenant Governors of this Island...........................................: do
3...... An Act to provide for the appointment of a Board for the general
supervision of the Public Works and Highways in this Island. Secs. 1, 3, 6 and 9.
4...... An Act to authorize the appointment of an Assistant Judge of the
Supreme Court of } udicature and Vice Chancellor of the
Court of Chancery in this Island.......................................... Secs. 1, 12 and 22.
13...... An Act to authorize the increase of the amount of Deposits to be
received in the Savings Bank .............................................. The Whole.
17 ..... An Act further to amend the Acts for the regulation of the Militia
and Volunteer Forces ......................................................... do
18...... An Act to provide for carrying out of Capital Punishment within
Prisons............................................................................. do
19...... An Act in amendment of the Act to provide for the punishment of
Offences against the Person and Property, and to repeal the
Act relating to Treasons and Felonies .................................. do
20...... An Act to add to and amend the Act relating to Patents for useful
Inventions ........................................................... • - - - - - - - - - - - - - do
27...... An Act for the better protection of the Salmon Fisheries, and to
* repeal a certain Act therein mentioned................................. do
29...... An Act to constitute two Polling Divisions in the fifth Electoral
District of Prince County.................................................. The whole, as respects
elections for the House
33 Victoria. •º. of Commons of Can-
& ada.
2...... An Act relating to Public Wharves and Bridges, and to repeal a
certain Act therein mentioned ............................................ The whole.
3...... An Act relating to the mode of summoning Special Juries, and to
the entering up of Judgments in the Šiš. Court.............. Sec. 6, in so far as it re-
lates to criminal mat-
terS.
4...... An Act to amend the Law regulating the hearing of Appeal Causes,
and to repeal part of a certain Act therein mentioned............ Sec. 3, in so far as it re-
lates to criminal mat-
terS.
6...... An Act for taking the Census of Prince Edward Island .................. The whole.
17...... An Act to repeal certain sections of an Act to regulate the Specie
Currency of Prince Edward Island...................................... do
19...... An Act to amend the Act relating to Patents for useful Inventions. do
20...... An Act for the better government of certain rising Towns and
Villages in this Island........................................................ Sec. 14.
34 Victoria.
2...... An Act to explain and amend the Acts relating to the terms of and
proceedings in the Supreme Court of this Island ................... The whole.
3...... An Act to increase the amount of Deposits to be received in the
Savings Bank..................................................................... do
4...... An Act to authorize the construction of a Railroad through Prince
q Ed Ward Island ................................................................. do
Acts and parts of Acts repealed.
31
SCHEDULE A–Continued.
Extent of Repeal.
Chap. Title of Act.
ACTS of PRINCE EDWARD ISLAND SINCE REVISED STATUTES—Concluded.
34 Victoria—Concluded.
5......|An Act to establish a Decimal System of Currency on this
Island.................................................................................
8...... An Act in addition to the Act relating to the appointment of the
Harbor and Ballast Master for Hillsborough Bay and the Port
of Charlottetown...............................................................
10......|An Act to consolidate and amend the several Acts regulating the
Sale by ligense of Spirituous Liquors.....................................
12...... An Act to continue certain Acts therein mentioned......... ..............
16...... An Act to amend the Act relating to Light and Anchorage
Duties................................................................................
20......|An Act relating to the Island Fisheries, and to repeal certain Acts
therein mentioned.................................. ............................
21...... An Act to amend the Act relating to Public Wharves and Bridges...
33...... An Act relating to the Hillsborough and other Ferries...................
35...... An Act to define the Fees on Naturalization under the Imperial Acts
therein mentioned...............................................................
43...... An Act to authorize the Government to prohibit the exportation of
Arms.................................................................................
35-36 Victoria.
2...... An Act relating to the Treaty of Washington, 1871 ........................
7...... An Act to regulate the time of opening and closing Public Offices in
Charlottetown ............................................... jº º s & e º s is e i t e º e º e º e º &
12..v. An Act to amend the Act to establish a Decimal System of Currency
on this Island.....................................................................
13...... An Act to alter and amend the Act to authorize the construction of
a Railroad through Prince Edward Island ...........................
20...... An Act to amend an Act relating to the Inland Fisheries, and to
repeal certain Acts therein mentioned..................................
29...... An Act to revive and continue certain Acts therein mentioned........
36 Victoria.
3...... An Act to establish County Courts of Judicature in this Island.......
4......|An Act for the Regulation of Railways..........................................
5...... An Act relating to crossings on the Railway line and in further
amendment of “An Act to authorize the construction of a Rail-
Way through Prince Edward Island. ....................................
11......|An Act to provide for the collection in this Island of the Cape Race
Lighthouse Toll...........................................................................
12...... An Act relating to Steam Communication between Prince Edward
º and the Provinces of Nova Scotia and New Bruns-
W1CK • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........
22...... An Act to amend the process, practice and mode of pleading in the
Supreme Court of Judicature of Prince Edward Island..........
ACTS OF THE PARLIAMENT OF CANADA.
31 Victoria—1867–68.
1...... An Act respecting the Statutes of Canada......................................
3......|An Act relating to the Indemnity to Members and the Salaries of the
Speakers of both Houses of Parliament.................................
4..... An Act for granting to Her Majesty a certain sum of money required
for defraying the expenses of the Public Service not otherwise
provided for, for the period therein mentioned, for certain
purposes respecting the Public Debt; and for raising money
on the credit of the Consolidated Revenue Fund...................
The whole, except sec. 3.
The whole.
Secs, 44 and 47.
The whole.
do
do
do
do
do
do
Secs. 7, 9, 10 and 43.
The whole.
do
do
do
Sec. 28 from “provid-
ed '' in line 19 to the
end of the section, and
secs. 229 and 281.
The Whole.
do
do
2277
32
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT of CANADA—Continued.
31 Victoria—1867-68–Continued.
7...... An Act imposing Duties of Customs with the Tariff of Duties payable
e e º e º ſº
* e º e º 'º
g e º e º e
under it. ............................................................................
An Act respecting the Public Works of Canada..............................
An Act to protect the Inhabitants of Canada against lawless aggres-
#. from Subjects of Foreign Countries at peace with Her
ajesty........................................... Y e e s a e s e e º e s e a s e e s e a e s a e s a e s e s e s e s s
An Act to prevent the unlawful training of persons to the use or
arms, and the practice of Military evolutions; and to authorize
Justices of the Peace to seize and detain arms collected or kept
for purposes dangerous to the public peace............................
An Act for continuing the Parliament of Canada in case of the
demise of the Crown......................... ‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
An Act to define the privileges, immunities and powers of the Senate
and House of Commons, and to give summary protection to
persons employed in the publication of Parliamentary Papers.
An Act to provide for Oaths to Witnesses being administered in
certain cases for the purposes of either House of Parliament...
An Act to declare certain persons therein mentioned indemnified for
having sat and voted as Members of the House of Commons
while holding certain offices under the Crown ......................
An Act respecting the Internal Economy of the House of Commons,
and for other purposes. ......................................................
An Act to amend an Act intituled “An Act respecting the Statutes
of Canada. "........................................................................
An Act to continue for a limited time the several Acts therein
mentioned. ........................................................................
An Act respecting the commencement of certain Acts of this Session
therein mentioned...............................................................
. 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 respectively the 30th day of June,
1868, and the 30th day of June, 1869; and for other purposes
relating to the Public Service..............................................
An Act respecting the Consolidated Revenue Fund ........................
An Act respecting the Governor General, the Civil List, and the
Salaries of certain Public Functionaries ..............................
An Act to regulate and restrict the contingent charges of the Depart-
ments of the Public Service, and to establish a Stationery
An Act respecting the Security to be given by Officers of Canada....
An Act respecting Inquiries concerning Public Matters...................
An Act respecting the Department of Justice.................................
An Act to make provision for defraying the expense of certain Works
of Fortification required for the Defence of the Dominion.........
An Act providing for the Organization of the Department of the
Secretary of State of Canada and for the Management of
Indian and Ordnance Lands ................................................
.....|An Act constituting the Department of Customs.............................
An Act to amend the Act of the present Session, intituled “An Act
imposing duties of Customs with the Tariff of Duties payable
under it”...........................................................................
An Act respecting the Currency. ..................................................
An Act to enable Banks in any part of Canada to use Notes of the
Dominion instead of issuing Notes of their own .....................
An Act respecting the manufacture or importation of Copper Coins
or Tokens...........................................................................
An Act constituting the Department of Inland Revenue..................
An Act respecting certain penalties in respect of Stamp Duties ......
An Act for the organization of the Department of Agriculture.........
An A&to * a duty on Foreign reprints of British Copyright
VOTKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The whole.
do
do
do
do
do
do
do
do
do
do
do
do
do
do
Acts and parts of Acts repealed.
33
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS of THE PARLIAMENT OF CANADA—Continued.
31 Victoria—1867-68–Concluded.
57...... An Act for the organization of the Department of Marine and Fisheries
of Canada.......................................................................... The Whole.
59...... An Act relating to Lighthouses, Buoys and Beacons........................ do
60...... An Act for the regulation of Fishing and protection of Fisheries ... do
61...... An Act respecting Fishing by Foreign Wessels .............................. do
64...... An Act respecting the treatment and relief of Sick and Distressed -
Mariners............................................................................. do
66...... An Act respecting Aliens and Naturalization ................................. do
69...... An Act for the better security of the Crown and of the Government. do
70...... An Act respecting Riots and Riotous Assemblies ........................... do
71...... An Act respecting Forgery, Perjury and Intimidation in connection
With the Provincial Legislatures and their Acts..................... do
72...... An Act respecting Accessories to, and Abettors of, Indictable Offences do
73...... An Act respecting Police of Canada ............................................. do
74...... An Aft ſºng persons in custody charged with High Treason or d
§ €10DV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IO
76...... An Act to łović for taking Evidence in Canada in relation to Civil
and Commercial Matters pending before Courts of Justice in
any other of Her Majesty's Dominions or before Foreign
Tribunals........................................................................... do
78...... An Act to annex a portion of the Seigniory of Bélair to the County
of Quebec, and another portion thereof to the County of
Portneuf........................................................ ..................... do
32–33 Victoria—1869.
1...... An Act for granting to Her Majesty certain sums of money required
to defray certain expenses of the Public Service, for the
financial years ending respectively the 30th June, 1869, and
the 30th June, 1870; and for other purposes relating to the
Public Service - ............................................ .................... do
2...... An Act respecting Nova Scotia....................................................... do
4...... An Act respecting the Department of Finance .............................. do
5......|An Act respecting the Ocean Mail Service .................................... do
7...... An Act respecting the Office of Queen's Printer and the Public
Printing. ............................................. ::::::::::::::::::............ do
8...... An Act to amend the Act thirty-first Victoria, chapter thirty-three,
and to make further provision with respect to the Salaries and
Travelling Allowances of the Judges............................. ......... do
9...... An Act respecting certain Fee Funds in the Province of Ontario...... do
10...... An Act respecting Immigration and Immigrants ........................... do
11...... An Act respecting Patents of Invention ......................................... do
12...... The Canada Joint Stock Companies' Clauses Act........................... do
14...... An Act to amend chapter sixty-seven of the Consolidated Statutes of
Canada, in tituled “An Act respecting Electric Telegraph
Companies” ....................................................................... do
15...... An Act to avoid the necessity of having Documents engrossed on
Parchment .................................................... .................... do
17...... An Act to remove doubts as to Legislation in Canada regarding
offences not wholly committed within its limits..................... do
18......|An Act respecting offences relating to the Coin.............................. do
19...... An Act respecting Forgery .......................................................... do
20...... An Act respecting offences against the Person ............................... do
21...... An Act respecting Larceny and other similar offences..................... do
22...... An Act respecting Malicious Injuries to Property........................... do
23...... An Act respecting Perjury ........................... ........................: .....: do
24...... An Act for the better preservation of the Peace in the vicinity of
Public Works.................................................. :... . . . . . . . . . . . . . . . do
25...... An Act respecting certain offences relative to Her Majesty's Army
and, Navy ..................................................: *:::. . . . . . . . . . . . . . . . . . . ; do
26...... An Act for the better protection of Her Majesty's Military and Naval
Stores ............................................................ • s º e º 'º e g º tº E tº e º sº tº º tº ſº do
27...... An Act respecting Cruelty to Animals .......................................... | * do
34
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT OF CANADA—Continued.
32-33 Victoria–1869 – Concluded.
28...... An Act respecting Vagrants.........................................: '.............. The whole.
29...... An Act º, Procedure in Criminal Cases, and other matters
relating to Criminal Law .................................................... do
30...... An Act respecting the duties of Justices of the Peace out of Sessions
in relation to persons charged with Indictable Offences ......... do
31...... An Act respecting the duties of Justices of the Peace out of Sessions
In relation to Summary Convictions and Orders..................... do
32......|An Act respecting the prompt and summary administration of Crimi-
mal Justice in certain cases ................... ........ ..................... do
33...... An Act respecting the trial and punishment of Juvenile Offenders ... do
34...... An Act respecting Juvenile Offenders within the Province of Quebec do
35...... An Act for the more speedy trial, in certain cases, of persons charged
with Felonies and Misdemeanors, in the Provinces of Ontario
and Quebec ........................................................................ do
36...... An Act respecting the Criminal Law, and to repeal certain enact-
ments therein mentioned...................................................... do
38...... An Act respecting inquiries and investigations into Shipwrecks and
other matters...................................................................... do
45...... An Act to alter the limits of the Counties of Joliette and Berthier,
for Electoral purposes ........................................................ do
46......|An Act to detach the Township of Doncaster from the County of
Montcalm, and to attach it to the County of Terrebonne, for
Electoral purposes................................ ............................. do
49...... An Act to continue, for a limited time, the Charters of certain Banks do
74..... An Act respecting the Salary of the Governor General ................... do
33 Victoria–1870.
2...... An Act for granting to Her Majesty certain sums of money required
to defray certain expenses of the Public Service, for the
financial years ending respectively the 30th June, 1870, and
the 30th June, 1871......................................................... *.... do
3...... An Act to amend and continue the Act 32 and 33 Victoria, chapter 3,
and to establish and provide for the Government of the
Province of Manitoba. ......................................................... Secs. 1, 3, 4, 5, 25, 27, 28,
29, 30, 31, 32, 33, 34 and
36.
7...... An Act to amend the Law respecting the Department of Finance..... The whole.
9......|An Act to amend the Acts respecting Customs and Inland Revenue;
and to make certain provisions respecting Wessels navigating
the Inland Waters of Canada above Montreal......................... do
10...... An Act to amend the Act 31 Victoria, chapter 46, and to regulate
the issue of Dominion Notes................................................. do
14...... An Act respecting the Coasting Trade of Canada........................... do
15...... An Act to amend the Act respecting Fishing by Foreign Wessels ..... do
16...... An Act to make provision for discipline on board of Canadian
Government Wessels............................................................ do
17...... An Act respecting Certificates to Masters and Mates of Ships ......... do
18...... An Act to amend the Act relating to Lighthouses, Buoys and Beacons do
19...... An Act to amend the Act respecting the treatment and relief of Sick
and Distressed Mariners ...................................................... do
23...... An Act to extend the powers of the Official Arbitrators to certain
cases therein mentioned....................................................... do
26...... An Act to amend the Act respecting Perjury................... .............. do
27...... An Act to amend the Act respecting the Duties of Justices of the
Peace out of Sessions in relation to Summary Convictions and
Orders............................................................................... do
28...... An Act to amend An Act for the better preservation of the peace in
the vicinity of Public Works................................................ do
31 ..... An Act for the better protection of the Clothing and Property of
Seamen in Her Majesty’s Navy ............................................. do
Acts and parts of Acts repealed.
35
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
AcTs of THE PARLIAMENT OF CANADA—Continued.
33 Victoria–1870–Concluded.
32...... An Act to empower the Police Court in the City of Halifax to sentence
Juvenile Offenders to be detained in the Halifax Industrial
School............................................................................... The whole.
34...... An Act to remedy the inconvenience which would arise from the
'expiration of the Acts and parts of Acts herein mentioned before
the passing of the Act of this Session to continue the same..... do
35...... An Act respecting Ferries................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
36...... An Act respecting the Marking of Timber....................................... do
39...... An Act to continue, for a limited time, the Act therein mentioned... do
34 Victoria—1871.
1...... An Act for granting to Her Majesty certain sums of money required
to defray certain expenses of the Public Service, for the
financial years ending respectively the 30th June, 1871, and
the 30th June, 1872 ........... ................................................. do
2...... An Act to indemnify the Members of the Executive Government, --
and others, for the unavoidable expenditure of Public Money,
in excess of the Parliamentary Grant, incurred in repelling
e the threatened invasion of the Fenians in 1870....................... do
3...... An Act respecting the Loan authorized by the Act 32 and 33 Victoria,
chapter 1, for the purpose of paying a certain sum to the Hud-
son's Bay Company..........................................' ...............:” do
4...... An Act to establish one uniform Currency for the Dominion of Canada do
5...... An Act relating to Banks and Banking.......................................... do
6. ....|An Act to provide additional facilities for depositing sayings at
interest with the security of the Government, and for the
issue and redemption of Dominion Notes............................... do
7...... An Act respecting certain Savings Banks in the Provinces of Ontario
and Quebec ............................................................... “ do
10...... An Act to amend the Acts relating to Duties of Customs.................. do
12...... An Act to make provision for validating certain Premium Notes
taken or held by Mutual Fire Insurance Companies ................ do
13,..... An Act respecting the force and effect of the Acts of the Parliament
of Canada, in and in relation to the Province of Manitoba,
and the Colony of British Columbia when it becomes a Pro-
Vince of the Dominion ........................... ......... ......... ............ do
14...... An Act to extend to the Province of Manitoba certain of the Criminal
Laws now in force in the other Provinces of the Dominion...... do
15...... An Act to amend the Inland Revenue Act, 1868, and to alter the
duties of Excise chargeable in the Province of Manitoba. ......... do
21...... An Act in relation to the Library of Parliament............................... do
22,..... An Act to amend the Act 31st Victoria, chapter 66, respecting
Aliens and Naturalization ......... .......................................... do
23...... An Act further to amend the Act respecting Fishing by Foreign
Wessels................................................ .......” “....” “. do
26...... An Act to authorize the sale or lease of the Rockwood Asylum to
the Province of Ontario .................................... ------------------ do
29...... An Act to continue for a limited time the Acts therein mentioned.... do
30...... An Act to make provision for the detention of Female Convicts in
Reformatory Prisons in the Province of Quebec, and for other
purposes relating to Prisons in that Province........................ do
35 Victoria—1872.
1...... An Act to amend the Act respecting the Statutes of Canada............ do
2...... An Act relating to the Treaty of Washington, 1871:................... . . . ; do
3...... 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 respectively the 30th June, 1872, and
the 30th june, 1873, and for other purposes relating to the
Public Service do
• , , , s , , s a , s , , , , , , s , , , s a e s e e s a v e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
36
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT OF CANADA—Continued.
35 Victoria—1872—Concluded.
4...... An Act to indemnify the Members of the Executive Government and
others for the unavoidable expenditure of Public Money with-
out Parliamentary Grant occasioned by the sending of an
expeditionary force to Manitoba in 1871 ................................ The Whole.
5...... An Act to amend the Act 34 Victoria, chapter 3, respecting the Loan e tº
for paying a certain sum to the Hudson's Bay Company ......... Sec. 1 from the beginning
to “ loan '' in line 8
thereof.
6...... An Act respecting the Public Debt and the raising of Loans author-
ized by Parliament ........ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The whole.
7...... An Act to amend the Act regulating the issue of Dominion Notes.... do
8...... An Act to amend the Act relating to Banks and Banking ................ do
9...... An Act to amend the chapters six and seven of the Statutes of 1871,
relating to Savings Banks ................................................... do
10......|An Act relating to Bills of Exchange and Promissory Notes............ do
11......|An Act to repeal the duties of Customs on Tea and Coffee............... do
12...... An Act to amend an Act of the present Session and to enable the
Governor in Council to impose a duty on Tea and Coffee im-
ported from the United States in the case therein mentioned... do
13 ..... An Act to readjust the Representation in the House of Commons...... do
15...... An Act to compel Members of the Local Legislature in any Pro-
vince where dual representation is not allowed, to resign their
seats before becoming candidates for seats in the Dominion
Parliament ........................................................................ do
16...... An Act to provide for the Revisal of Woters' Lists for Elections to
the House of Commons, in a certain Revisal District of the
County of Victoria, Noya Scotia. ..........................…............. do
17...... An Act to divide certain Polling Districts in the County of Inverness,
in the Province of Nova Scotia, and to provide for Voters'
Lists therefor ......... ........................................................... do
19...... An Act further to amend an Act respecting the security to be given
by Officers of Canada .......................................................... do
20...... An Act further to amend the Act 31 Victoria, chapter 33 ................ do
21...... An Act to amend the Act 32 and 33 Wictoria, chapter 8................... do
24...... An Act to remove doubts under the Act respecting the Public
Works of Canada ............................................................... do
25...... An Act respecting Bridges............................................................ do
26...... An Act respecting Patents of Invention ........................................ do
27...... An Act relating to Quarantine...................................................... do
28...... An Act to amend the Immigration Act of 1869 ............................... do
29......|An Act to provide for the Incorporation of Immigration Aid
Societies ..............................…........................................... do
30......|An Act respecting Trade Unions................................................... do
31...... An Act to amend the Criminal Law relating to Violence, Threats
and Molestation .................................................................. do
32......|An Act to amend the Law relating to the fraudulent marking of
Merchandise ....................................................................... do
33...... An Act for the avoidance of doubts respecting Larceny of Stamps.... do
34...... An Act to correct a clerical error in the Act respecting Malicious
Injuries to Property ........................................................... do
35...... An Act to amend the Law relating to Advertisements respecting
Stolen Goods ..................................................................... do
37......|An Act to extend the Canadian Tariff of Duties of Customs and
Excise, and certain Acts relating to Customs and the Revenue,
to the Province of British Columbia ..................................... do
38......|An Act to extend certain Laws relating to matters connected with
Navigation, to the Province of British Columbia ................... do
36 Viatoria—1873.
2......|An Act to render Members of the Legislative Councils and Legis-
lative Assemblies of the Provinces now included, or which may
hereafter be included within the Dominion of Canada, ineligible
for sitting or voting in the House of Commons of Canada ...... do
2282
Acts and parts of Acts repealed.
37.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
36 Victoria—1873–Continued.
3...... An Act to amend the Act respecting procedure in Criminal Cases....|The whole.
4...... An Act to provide for the establishment of the Department of the
Interior......... ..................................................................” do
8...... An Act , with respect to the Carriage of Dangerous Goods in
Ships.........…..........................................….....................” do
9...... An Act to provide for the appointment of Harbor Masters for certain
ports in the Provinces of Nova Scotia and New Brunswick...... do
26...... 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 respectively the 30th June, 1873, and
the 30th June, 1874, and for other purposes relating to the
Public Service..................................................................... do
29...... An Act to change the limits of the Counties of Montcalm and Joliette,
for Electoral purposes......................................................... do
30...... An Act to re-adjust the amounts payable to, and chargeable against,
the several Provinces of Canada by the Dominion Government,
so far as they depend on the debt with which they respectively
entered the Union ............................................................... do
31...... An Act for the re-adjustment of the salaries and allowances of the
Judges and other Public Functionaries and Officers, and of the
indemnity to the Members of the Senate and House of Commons. do
33...... An Act respecting the Ocean Mail Service...................................... do
35...... An Act respecting the Administration of Justice, and for the estab-
lishment of a Police Force in the North-West Territories......... do
36...... An Act respecting Aliens and Naturalization in the Provinces of
British Columbia and Manitoba.............. ............................... do
38...... An Act to remove doubts as to the construction of section 31 of the
Act 33 Victoria, chapter 3, and to amend section 108 of the
Dominion Lands Act ......................................................... do
39...... An Act to make further provision as to Duties of Customs in Manitoba
and the North-West Territories............................................. do
40...... An Act respecting the admission of the Colony of Prince Edward
Island as a Province of the Dominion.................................... do
41...... An Act respecting the Export Duties imposed on Lumber by the
Legislature of the Province of New Brunswick ..................... do
42...... An Act to continue for a limited time “The Insolvent Act of 1869,”
and the Acts amending the same........................................... do
43...... An Act further to amend the Act relating to Banks and Banking...... do
44...... An Act to amend the Patent Act of 1872 ........................................ do
45...... An Act to amend the Act respecting the construction of the Inter-
colonial Railway................................... ........................... Sec. 1.
48...... An Act to provide for the Inspection of Gas and Gas Meters............. The Whole.
50...... An Act to amend the Act respecting offences against the person....... do
51...... An Act further to amend the law respecting certain matters of
procedure in Criminal Cases................................................ do
54...... An Act respecting Pilotage........................................................... do
55...... An Act respecting Wreck and Salvage........................................... The whole, except secs.
38 and 39. •
56...... An Act respecting Deck Loads...................................................... The whole.
57...... An Act to provide for keeping order on board Passenger Steamers... do
58...... An Act to amend the Acts for more effectually preventing the
Desertion of Seamen; and for other purposes......................... do
59...... An Act to repeal the Law of British Columbia, in tituled “An Ordi-
nance respecting Harbor and Tonnage Dues, and to regulate
the Licenses on the Wessels engaged in the coasting and inland
navigation trade ................................................................. do
69...... An Act respecting the Central Prison for the Province of Ontario..... do
70...... An Act to amend chapter 58 of the Consolidated Statutes of the late
Province of Canada............................................................. do
71...... An Act respecting Interest and Usury in the Province of Nova Scotia. do
72...... An Act to amend the Act respecting certain Savings Banks in the
Provinces of Ontario and Quebec.......................................... do
38
Acts and parts of Acts repealea.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT OF CANADA— Continued.
36 Victoria—1873–Concluded.
128...... An Act relating to Shipping, and for the registration, inspection and
classification thereof............................................................ The whole.
129...... An Act respecting the Shipping of Seamen.................................... e do
37 Victoria—1874.
1...... 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 respectively the 30th June, 1874, and
the 30th June, 1875; and for other purposes relating to the
Public Service .................................................................... do
2...... An Act to authorize the raising of a Loan for the construction of
certain Public Works with the benefit of the Imperial Guar-
antee for a portion thereof................................................... do
3...... An Act to declare the intention of the Act 36 Victoria, chapter 30,
as regards the subsidy to be allowed to Nova Scotia............... do
4...... An Act to amend the Act 36 Victoria, chapter 31, for the re-adjustment
of the Salaries of Judges, and other purposes......................... do
5...... An Act to continue for a limited time certain temporary provisions
in the Act respecting the admission of Prince Edward Island
into the Dominion.............................................................. do
6...... An Act to amend the Act 31 Victoria, chapter 44, and other Acts
amending the same, and the Tariff of Duties of Customs
imposed by the said Acts, and to alter certain Duties of Excise. do
7...... An Act to amend an Act to make further provisions as to Duties of
Customs in Manitoba and the North-West Territoriºs, and
further to restrain the importation or manufacture of intoxi-
cating liquors into or in the North-West Territories............... do
9...... An Act respecting the Elections of Members of the House of Commons. do
10...... An Act to make better provision for the Trial of Controverted Elec-
tions of the Members of the House of Commons, and respecting
matters connected there with ................................................ do
11...... An Act to indemnify Stanislaus Francis Perry, for having sat and
voted as a Member of the House of Commons, under the cir-
cumstances therein mentioned................................... ........ do
12...... An Act to attach the Village of Richmond Hill to the Electoral
District of the West Riding of the County of York.................. do
13...... An Act to amend an Act respecting the Public Works of Canada..... do
20...... An Act respecting the appropriation of certain Dominion Lands in
Manitoba ........................................................................... do
23...... An Act to amend an Act for the organization of the Department of
Marine and Fisheries of Canada ........................................... do
24...... An Act to exempt Transports from Port and Harbor Dues ............... do
25...... An Act respecting Carriers by water............................................. do
26...... An Act to amend the Pilotage Act, 1873 ........................................ do
27...... An Act to extend certain Acts therein mentioned to the Province of
º Prince Edward Island......................................................... do
28...... An Act respecting the extension and application of the Fisheries Act
to and in the Provinces of British Columbia, Prince Edward
Island and Manitoba............................................................ do
29...... An Act for the removal of obstructions by Wreck and like causes in
navigable waters of Canada, and other purposes relative to
Wrecks .............................................................................. do
32...... An Act to provide for the appointment of Port Wardens at certain
Ports of the Dominion......................................................... do
34...... An Act to provide for the appointment of Harbor Masters for certain
Ports in the Provinces of Quebec, Ontario, British Columbia
and Prince Edward Island................................................... do
36...... An Act to establish a Military College in one of the Garrison Towns
of Canada........................................................................... do
37...... An Act for the suppression of Voluntary and Extra-judicial Oaths... do
38...... An Act respecting the Crime of Libel.................................. .... ..... do
Acts and parts of Acts repealed.
39
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT of CANADA—Continued.
37 Victoria—1874–Concluded.
39......|An Act to extend certain Acts relating to the prompt administration
of Justice in Criminal Matters to the Province of Manitoba.....|The whole.
40...... An Act to amend the Act respecting the prompt and summary
administration of Criminal Justice in certain cases as respects
the Provinces of Nova Scotia, and New Brunswick.................. do
41...... An Act for avoiding doubts as to the application of the Act 32 and 33
Victoria, chapter 35, to the District of Algoma...................... do
42...... An Act to extend to the Province of British Columbia certain of the
Criminal Laws now in force in other Provinces of the
Dominion ......................................................... ................. do
43...... An Act to amend an Act respecting Wagrants ................................ do
44...... An Act further to amend the Patent Act of 1872 ............................. do
45...... An Act to make better provision, extending to the whole Dominion
of Canada, respecting the Inspection of certain Staple
Articles of Canadian Produce ......... } • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - do
47...... An Act to amend the Law relating to Bills of Exchange and Promis-
sory Notes ....................................................... .................. do
49...... An Act to authorize Corporations and Institutions incorporated
without the limits of Canada to lend and invest Moneys
therein .......................................... .................................... do
51...... An Act to authorize the Incorporation of Boards of Trade in the
Dominion .......................................................................... do
38 Victoria—1875.
1..... An Act to amend the Interpretation Act, as respects the printing
and distribution of the Statutes, and the territorial application
of Acts amending previous Acts .......................................... do
2...... An Act to continue for a limited time the Acts therein mentioned.... do
3......|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 respectively the 30th June, 1875, and
the 30th June, 1876, and for other purposes relating to the
Public Service .................................................................. do
4...... An Act to amend the Act respecting the Public Debt, and the
raising of Loans authorized by Parliament ........................... do
5...... An Aº further to amend the Acts regulating the issue of Dominion
otes................................................................................. do
7...... An Act to amend and consolidate the Statute Law for the regulation
of the Postal Service........................................................... do
10...... An Act to amend the Acts respecting Controverted Elections.......... do
11...... An Act to establish a Supreme Court and a Court of Exchequer for
the Dominion of Canada..................................................... do
13...... An Act respecting defective Letters Patent, and the discharge of
Securities to the Crown ..................................................... do
14...... An Act still further to amend the Patent Act of 1872, and to extend
the same, as amended, to Prince Edward Island..................... do
15...... An Act to amend the Immigration Act of 1872 ............................... do
17...... An Act to amend the Act therein mentioned, respecting Banks and
Banking ........................................................................... do
18...... An Act relating to Interest and Usury in the Province of New
Brunswick ......................................................................... do
19......|An Act to amend the Law relating to Bills of Exchange.................. do
20...... An Act to amend and consolidate the several Acts respecting Insur-
ance, in so far as regards Fire and Inland Marine Business...... do
26...... An Act to regulate the construction and maintenance of Marine
Electric Telegraphs ............................................................ do
27...... An Act to amend an Act respecting the Coasting Trade of Canada. do
28...... An Act further to amend the Pilotage Act, 1873,............................. do
29......|An Act to extend certain provisions of the Seamen's Act, 1873, to
vessels employed in navigating the Inland Waters of
Canada....….....................…....…..................................... do
40
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
38 Victoria—1875–Concluded:
30...... An Act to amend the Acts thirty-sixth Victoria, chapter nine, and
thirty-seventh Victoria, chapter thirty-four, respecting the
appointment of Harbor Masters ........................................... The whole.
31...... An Act further to amend the Act respecting the treatment and relief
of Sick and Distressed Mariners .......* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
32...... An Act to repeal an Act of the Legislature of Prince Edward Island,
for the collection of the Cape Race Lighthouse Toll............... do
33...... An Act to amend the Fisheries Act.......................... .................... do
34...... An Act to amend the Act chapter forty-six of the Consolidated
Statutes of Canada, in tituled “An Act respecting the Culling
and Measuring of Timber”................................................... do
35...... An Act to repeal the Export Duty on Stave Bolts and Oak
O£S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
36...... An Act to compel persons delivering certain Merchantable Liquids
in Casks to mark on such Casks the capacity thereof............. do
37...... An Act to amend the Gas Inspection Act, 1873. .............................. do
38...... An Act to amend the Acts for the better preservation of the Peace in
the vicinity of Public Works................................................ do
40...... An Act to amend the Act, intituled “An Act respecting Larceny
and other similar offences” ................................................. do
41,.....|An Act for suppressing Gaming Houses, and to punish the Keepers
thereof .............................................................................. do
42...... An Act to prevent Cruelty to Animals while in transit by Railway
or other means of conveyance within the Dominion of
Canada.…....................................................................... do
43...... An Act to amend the Act respecting Procedure in Criminal Cases
and other matters relating to Criminal Law........................... do
45...... An Act to amend the Act for the more speedy trial, in certain cases,
of persons charged with Felonies and Misdemeanors in the
Provinces of Ontario and Quebec.......................................... do
46...... An Act to make further provisions respecting the Central Prison for
Ontario............................................................................. do
47...... An Act for the more speedy trial before Police and Stipendiar
Magistrates in the §a. of Ontario of persons charged wit
Felonies or Misdemeanors ...................................... • - - - - - - - - - - - - - do
48...... An Act to *g. certain provisions of an Act of the Legislature of
Nova Scotia respecting Petty Offences, Trespasses and
Assaults.............................................................................. do
49...... An Act to amend and consolidate the Laws respecting the North-
West Territories.................................................................. do
52......|An Act to amend an Act respecting the appropriation of certain
Lands in Manitoba ............................................................. do
53...... An Act respecting conflicting claims to Lands of Occupants in
Manitoba ........................................................................... do
54...... An Act to extend to the Province of Manitoba, the Act for the more
speedy trial, in certain cases, of persons charged with Felonies
and Misdemeanors in the Provinces of Ontario and Quebec...... do
55..... . An Act respecting the Trinity House and Harbor Commissioners of
Quebec a * * * * * * * * * * * * * * * * * * e s e e s a s e a e º e s a e s º e º e s e s a e s a e e º e s e e s a e 4 e º e e s e º e s e e s 6 & 8 e e s s a s Sec. 2, in so far as it con-
stitutes the Quebec
Harbor Commissioners,
the Pilotage authority
of the Pilotage District
of Quebec; sec. 4, sec.
5 from “and ’’ in line
19 thereof to the end
of the section ; sec. 7
from “the '’ where it
secondly occurs in line
9 thereof to the end of
the section, and secs.
11 and 15.
88...... An Act respecting Copyrights .................................................... . The whole.
2286
Acts and parts of Acts repealed.
41
SCHEDULE A–Continued.
Chap.
Title of Act.
Extent of Repeal.
tº e º & 8 tº
• e º e º º
tº º e º º º
ACTs of THE PARLIAMENT OF CANADA—Continued.
39 Victoria—1876.
..|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 respectively the 30th June, 1876, and
the 30th June, 1877, and for other purposes relating to the
Public Service ...................................................................
An Act to provide for the payment of a temporary Grant to the Pro-
Vince of Manitoba ..............................................................
An Act to extend the Acts respecting Dominion Notes to the
Provinces of Prince Edward Island, British Columbia and
Manitoba. ...........................................................................
An Act to provide for the examination of Witnesses on Oath by
Committees of the Senate and House of Commons, in certain
C88CS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... $
An Act to amend the Act thirty-first Victoria, chapter 3, respecting
the Indemnity to Members of both Houses of Parliament.........
..|An Act to make more effectual provision for the administration of
the Law relating to Corrupt Practices at Elections of Members
of the House of Commons .................... • s v e º e º e º 'º - e. e. e. g. a 6 e s e s e o e º ºs e e º e º 'º
An Act to provide for the more effectual Inquiry into the existence
of Corrupt Practices at Elections of Members of the House of
Commons...........................................................................
An Act to detach a certain portion of the County of Lotbinière and
to attach it to the County of Beauce.....................................
An Act to amend the Acts therein mentioned, respecting the Militia
and the Defence of the Dominion of Canada...........................
An Act to make provision for the Collection and Registration of the
Criminal Statistics of Canada .............................................
An Act respecting Roads and Road Allowances in Manitoba............
An Act respecting the North-West Territories, and to create a separate
Territory out of part thereof................................................
The whole.
do
do
do
do
do
do
do
do
do
do
do
......|An Act to extend the Acts, therein mentioned, respecting Weights
and Measures, and the Inspection of Gas and Gas Meters, to
Prince Edward Island.........................................................
. |An Act to make further provision in regard to the Supreme Court
and the Exchequer Court of Canada.....................................
An Act to make further provision for the institution of Suits against
the Crown by Petition of Right ...........................................
. An Act to extend the provisions of the Act thirty-first Victoria,
chapter 33, respecting the Retiring Allowance of Judges, to
the Chief Justice and Justices of the Court of Error and
Appeal for the Province of Ontario .....................................
An Act to provide for the Salaries of County Court Judges in the
Province of Nova Scotia, and for other purposes....................
An Act to make provision for the winding up of Insolvent Incor-
porated Banks.....................................................................
An Act to amend the Act to make better provision, extending to the
whole Dominion of Canada, respecting the Inspection of
certain Staple Articles of Canadian Produce.........................
An Act to amend the Act thirty-seventh Victoria, chapter 51,
in tituled “An Act to authorize the Incorporation of Boards
of Trade in the Dominion ”..................................................
An Act respecting the attendance of Witnesses on Criminal Trials...
An Act to amend the Criminal Law relating to Violence, Threats
and Molestation ..................................................................
40 Victoria—1877.
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 respectively the 30th June, 1877, and
the 30th June, 1878, and for other purposes relating to the
do
do
do
do
do
do
do
do
do
do
Public Service....................................................................
do
42
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT OF CANADA—Continued.
40 Victoria–1877–Concluded.
2...... An Act respecting the Act further securing the Independence of
Parliament.................................................::::::::::::::::::::::: The whole.
4...... An Act to extend to the Province of Prince Edward Island certain
Criminal Laws now in force in other Provinces of Canada * G - e º tº do
6...... An Act respecting the Boundaries of the Province of Manitoba. ....... do
7......|An Act to amend the “North-West Territories Act, 1875 ”.:...: * * * * * * * tº do
8...... An Act respecting certain Ordnance and Admiralty Lands in the
Provinces of Ontario and Quebec ......................................... do
9...... An Act to make better provision respecting the Geological and
Natural History Survey of Canada, and for the maintenance
of the Museum in connection thereWith................................. do
11...... An Act to amend certain Acts respecting duties of Customs and
Excise .............................. ................................................ do
16...... An Act to amend the Act respecting the Culling and Measuring of
Timber............................................................................... do
17...... An Act to transfer the management of certain Harbors, Piers and
Breakwaters from the Department of Public Works to the
Department of Marine and Fisheries................... .................. do
19...... An Act respecting the Measurement of Steamships registered under
the repealed Act of the late Province of Canada.................... do
20...... An Act to amend the Pilotage Acts of 1873 and of 1875................... do
21...... An Act to establish a Court of Maritime Jurisdiction in the Province
of Ontario.......................................................................... do
22......|An Act to amend the Act to make further provision in regard to the
Supreme and Exchequer Courts ............................................ do
23...... An Act to amend the Act respecting the Salaries of certain
Judges ............................................. ................................. do
24...... An Act to provide for the payment of travelling allowances to the
District or County Court Judges. in the Province of British -
Columbia............................................................................ do
25...... An Act to make provision for the extradition of Fugitive Criminals.. do
26...... An Act respecting Procedure and Evidence in Criminal Cases......... do
27...... An Act to amend the Law respecting appeals from convictions
before, or orders by, Justices of the Peace............................. do
28...... An Act to amend the Act respecting Offences against the person..... do
29...... An Act to amend the Act respecting Larceny and other similar
offences. ................................. ......................................... do
30...... An Act to make provision against the improper use of Fire-arms...... do
31...... An Act for the repression of Betting and Pool Selling........ * & e s e e º e º e º a s is do
32...... An Act for the prevention of Gambling Practices in certain Public
Conveyances ...................................................................... do
33...... An Act to amend the Act for the suppression of Gaming Houses....... do
34......|An Act to amend the Post Office Act, 1875..................................... do
35......|An Act to repeal certain laws making Breaches of Contract of service
criminal, and to provide for the punishment of certain Breaches
- of Contract................... ..................................................... do
36...... An Act to provide for the employment without the walls of Common
& Gaols of prisoners sentenced to imprisonment therein ............ do
37......|An Act to provide for the safe custody of prisoners in places where
the Common Gaols become temporarily insecure................... do
38...... An Act respecting the transfer of Rockwood Asylum to the Province
of Ontario, and to amend “The Penitentiary Act of 1875''..... do
39...... An Act to make provision for improvement in Prison Discipline ...... do
42...... An Act to amend and consolidate certain Acts respecting Insurance. do
43...... An Act to amend the Law respecting the Incorporation of Joint
Stock Companies by Letters Patent...................................... do
44...... An Act to remove doubts as to the right to vote of Shareholders in
certain Banks ..................................................................... do
51...... An Act further to amend the Acts to provide for the management of
the Harbor of Quebec and “The Pilotage Act of 1873 '' ........ Sections 6 and 7.
54...... An Act to extend the provisions of section fifty-six of the Act
thirty-fourth Victoria, chapter 5, in tituled “An Act relating
to Banks and Banking,” to the Bank of British North America. The whole.
2288
43
- l
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. ' Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
41 Victoria—1878.
1...... An Act respecting the Maritime Court of Ontario ........................... The whole.
2,..... An Act to amend the Post Office Act, 1875..................................... do
4...... 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 respectively the 30th June, 1878, and
the 30th 3. 1879, and for other purposes relating to the
Public Service ........................... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - do
5...... An Act further securing the Independence of Parliament ................ do
6...... An Act to amend the Act respecting the Elections of Members of the
House of Commons ............................................................. do
7...... An Act to provide for the better Auditing of the Public Accounts.... do
8...... An Act further to amend the Act intituled “An Act respecting the
Public Works of Canada.”................................................... do
12...... An Act to amend the Law respecting Deck Loads........................... do
13...... An Act to authorize the advance of certain sums to the Province of
Manitoba, in aid of the Public Schools therein ...................... do
14...... An Act to amend an Act respecting conflicting Claims to Lands of
Occupants in Manitoba.........................................'............... do
15...... An Act to provide for the creation and registration of Homestead
Exemption Estates in the Territories of Canada..................... do
16...... An Act respecting the Traffic in Intoxicating Liquors ..................... The whole, except sec. 124
19...... An Act respecting Persons imprisoned in default of giving Sureties
h to keep the Peace .............................................................. The whole.
2]...... An Act to make provision for the winding up of Insolvent Incorpor-
ated Fire or Marine Insurance Companies....................... ...... do
42 Victoria—1879.
1...... 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 respectively the 30th June, 1879, and
the 30th June, 1880, and for other purposes relating to the
Public Service................................................................... do
3...... An Act to provide for the Salary of one additional Judge of the
Supreme Court of New Brunswick, and for the Salary of any
future Judge in Equity of the Supreme Court of Nova Scotia .. do
4...... An Act respecting the salaries of the County Court Judges of Prince
Edward Island ................................................................... do
6...... An Act to amend an Act to provide for more effectual inquiry into
the existence of Corrupt Practices at Elections of Members of º
the House of Commons ....................................................... do
7...... An Act respecting the offices of Receiver General and Minister of
Public Works ...... • * * * * * * g º a tº tº e g º te e º ºs e e º ºs º e º 'º * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - do
8...... An Act respecting the Official Arbitrators ..................................... do
9...... An Act to amend and consolidate the Railway Act, 1868, and the
Acts amending it ................................................................ do
15...... An Act to alter the Duties of Customs and Excise........................... do
16...... An Act to amend and consolidate the Laws relating to Weights and
Measures ............................................................................ do
20......|An Act to amend the Post Office Act, 1875..................................... do
21...... An Act respecting Census and Statistics ....................................... do
22...... An Act respecting Trade Marks and Industrial Designs .................. do
24...... An Act respecting Tonnage Dues levied in Canadian Ports under
Canadian Law ....................................................... • * * * * * * * * * * * do
25...... An Act to amend the Pilotage Act, 1873 ....................................... do
26...... An Act to extend an Act respecting Certificates to Masters and
Mates of Ships.................................................... ................ do
27...... An Act to amend the Seamen’s Act, 1873....................................... do
32...... An Act to explain and amend the Act respecting the appropriation
of certain Dominion Lands in Manitoba................................. do
33...... An Act respecting certain Ordnance and Admiralty Lands in the
Provinces of New Brunswick and Nova Scotia....................... do
2289
44
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTs of THE PARLIAMENT OF CANADA—Continued.
42 Victoria—1879–Concluded.
36...... An Act to amend and consolidate, as amended, the several enact-
ments respecting the North-West Mounted Police Force ......... The whole.
37...... An Act to amend an Act respecting Police of Canada...................., do
39...... An Act further to amend the Supreme and Exchequer Court Act...... do
40...... An Act to amend the Maritime Jurisdiction Act, 1877 ..................... do
41...... An Act to continue in force for a limited time “The better Prevention
of Crime Act, 1878” ........................................................... do
42 ..... An Act to amend the Penitentiary Act, 1875................... ............. do
43...... An Act respecting the “Andrew Mercer Ontario Reformatory for
Females "........................................................................... do
44...... An Act to amend “An Act for the more speedy trial, in certain cases,
of persons charged with felonies and misdemeanors, in the
Provinces of Ontario and Quebec,” and the Act respecting
summary convictions before Justices of the Peace.................. do
45...... An Act to amend the Act relating to Banks and Banking, and the
Acts amending the same...................................................... do
46...... An Act relating to the protest of Inland Bills of Exchange and
Promissory Notes, in Nova Scotia......................................... do
47...... An Act to make the first day of July a Public Holiday, by the name
of Dominion Day................................................................. do
50..... An Act to remove doubts as to the true intent and meaning of certain
provisions of “The Canada Temperance Act, 1878,” and to
make certain amendments thereto in so far as the said Act
relates to Manitoba. ............................................................. do
43 Victoria—1880.
1...... An Act to repeal the Acts respecting Insolvency now in force in
Canada .............................................................................. do
3...... An Act further to amend “An Act respecting the Security to be
given by Officers of Canada’’.............................................. do
4...... An Act to provide for the salaries of two additional Judges of the
Supreme Court of British Columbia ...................................... do
5...... An Act further to continue in force for a limited time “The better
Prevention of Crime Act, 1878’’........................................... do
7...... An Act for the final settlement of claims to lands in Manitoba by
occupancy, under the Act thirty-third Victoria, chapter 3...... do
10...... 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 respectively the 30th June, 1880, and
the 30th June, 1881; and for other purposes relating to the
- Public Service.................................................................... do
11......|An Act for the appointment of a Resident Representative Agent for
Canada in the United Kingdom................... ........................ do
12...... An Act to authorize making certain investigations under oath......... do
13...... An Act further to amend the Acts respecting Dominion Notes.......... do
14...... An Act to repeal the Act forty-second Victoria, chapter 5, for
granting an annual subsidy towards certain telegraphic com-
munication ........................................................................ do
18...... An Act to amend the Act forty-second Victoria, chapter 15, intituled
“An Act to alter the Duties of Customs and Excise.”............ do
20...... An Act to amend “The General Inspection Act, 1874,” and the Act
amending it............................................................ • * * * * * * * * * * * do
21...... An Act to amend the Act respecting the Inspection of Petroleum..... do
22...... An Act to amend “An Act relating to Banks and Banking,” and to
continue for a limited time the charters of certain Banks
to Which the said Act applies.................... .......................... do
23...... An Act respecting certain Savings Banks in the Provinces of Ontario
and Quebec .................. • e º 'º e º ſº e a e º 'º e º e º 'º e º e s ∈ e º e s m e º 'º e º e s e º ºs e º e s e e s a e e s a e º e s a do
24...... An Act for extending the Consolidated Act of 1879, respecting duties
imposed on promissory notes and bills of exchange, to the
Whole Dominion................................................................. do

2290
Acts and parts of Acts repealed.
45
SCHEDULE A–Continued.

Chap. Title of Act.
Extent of Repeal.
.... An Act to amend the Indian Act, 1880
. |An Act respecting the Ontario Reformatory for Boys
ACTs of THE PARLIAMENT or CANADA—Continued.
43 Victoria—1880— Concluded.
. |An Act to amend and consolidate the several Acts relating to the
North-West Territories .................... ...................................
An Act to annend and consolidate the laws respecting Indians..........
An Act to make better provision respecting the navigation of Cana-
dian Waters ............................................. ... º e º a dº ſº e e g º e º 'º a dº e º 'º e s is tº
An Act further to amend “The Supreme and Exchequer Court Act.”
An Act to amend the law of evidence in Criminal Cases, as respects
the taking and use of depositions of persons who may be
unable to attend at the trial ...............................................
An Act to amend the Act intituled “An Act respecting offences
against the person,” and to repeal the Act in tituled “An Act
to provide that persons charged with common assault shall be
competent as witnesses.”.....................................................
An Act further to amend the Act respecting Cruelty to Animals..
* * * * * * * * * * * * * * * * * * * * * * *
An Act respecting “The Industrial Refuge for Girls,” of Ontario....
An Act respecting the Reformatory for Juvenile Oſſenders in Prince
Edward Island................... . .......................... .....................
An Act relating to Interest on moneys secured by Mortgage of Real
Estate ................................................................................
44 Victoria—1880-81.
An Act for granting to Her Majesty certain sums of money required
financial years ending respectively the 30th June, 1881, and
the 30th June, 1882; and for other purposes relating to the
Public Service......................................... ............ is tº g º e º e º 'º e s e e s s
An Act to authorize the raising, by way of loan, of certain sums of
money required for the public service....................... • - - - - - - - - -
An Act to extend the Act establishing one uniform currency for the
Dominion of Canada to the Provinces of British Columbia and
Prince Edward Island.........................................................
An Act to provide for the salaries of an additional Judge of the
Court of Queen's Bench and an additional Judge of the
Superior Court, in the Province of Quebec .............. 's e e. e. e s • * * * * * *
...An Act to increase the salaries of the Judges of the Supreme Court
of Prince Edward Island ......... ..........................................
An Act further to amend an Act respecting certain Savings Banks
in the Provinces of Ontario and Quebec, and to continue for a
limited time the charters of certain banks to which the said
Act applies........................................................................
An Act to correct a clerical error in Schedule B, to the Act forty-
third Victoria, chapter twenty-two, amending the Bank Act
and continuing the charters of certain Banks.........................
An Act further to amend the Acts forty-second Victoria, chapter
fifteen, and forty-third Victoria, chapter eighteen, as respects
Duties of Customs...............................................................
. |An Act respecting Naturalization and Aliens.................................
An Act to provide for the extension of the boundaries of the Province
of Manitoba ........................................................................
. An Act to continue in force for a limited time the Act forty-third
Victoria, chapter thirty-six..................................................
An Act further to amend the Acts therein mentioned respecting the
Militia and Defence of the Dominion of Canada.....................
An Act to provide for the correspondence of certain provisions of
the Act respecting the navigation of Canadian waters with the
provisions for like purposes in force in the United Kingdom ...
An Act to amend the General Inspection Act, 1874, and the Acts
amending it............................. ..........................................
for defraying certain expenses of the Public Service, for the
The whole.
do
do
do
do
de
do
do
de
do
do
do
do
do
do
de
do
do
do
de
66% 2291
Acts and parts of Acts repealed.
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
Acts of THE PARLIAMENT OF CANADA—Continued.
44 Victoria—1880-81—Concluded.
23,..... An Act to amend the Petroleum Inspection Act, 1880...................... The whole.
24...... An Act to amend the Consolidated Railway Act ............................. do -
25...... An Act to amend and consolidate the Laws relating to Government
Railways ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
26...... An Act to prescribe a Declaration to be taken by Employees on -
- Telegraph Lines under the control of the Government, and to
provide for the punishment of Telegraph Operators and
Employees who divulge the contents of certain Telegrams...... do.
27...... An Act to amend the Insolvent Act of 1875, and amending Acts ...... do
28...... An Act to amend the Law respecting Documentary Evidence in
* certain cases ...................................................................... do
29...... An Act further to continue in force for a limited time the better
: Prevention of Crime Act, 1878.............................................. do
30...... An Act respecting Prize Fighting. ...................................:::::::::...; do
31...... An Act to remove doubts as to the power to Imprison with Pſard
Labor under the Acts respecting Vagrants............................. do
32......! An Act with reference to the Andrew Mercer Ontario Reformatory
for Females, and the Central Prison for the Province of
Ontario .............................................................................. do
45 Victoria—1882,
l...... An Act to repeal the Duty on Promissory Notes, Drafts, and Bills of
Exchange..................................................................…. do
2...... 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 respectively the 30th June, 1882, and -
the 30th June, 1883, and for other purposes relating to the #
Public Service .............................................................. ..... do
3...... An Act to readjust the Representation in the House of Commons,
and for other purposes......................................................... do
5...... An Act for increasing, during a certain time, the yearly Subsidy to
the Province of Manitoba. .................................................... do
6...... An Act further to amend the several Acts imposing Duties of Customs,
& now in force....................................................................... do
7...... An Act to provide for the allowance of drawback on certain articles
* manufactured in Canada, for use in the construction of the
Canadian Pacific Railway................................................... Sec. 5.
9...... An Act to provide for the free transmission of Canadian Newspapers
by Mail within the Dominion................................................ he whole
11...... An Act to fix and provide for the payment of the Salaries of the
§ Judges of the Supreme Court of Judicature of Ontario, and of
certain Judges and County Judges in Manitoba and New
Brunswick ......................................................................... do
12...... An Act respecting County Court Judges ....................................... do
18...... An Act to authorize an annual Grant for the development of the Sea
Fisheries and the encouraging of the building of Fishing
Wessels .............................................................................. do
19......|An Act to exempt vessels employed in Fishing from the payment of
Duties for the relief of Sick and Distressed Mariners............... do
20...... An Act to amend the Extradition Act, 1877.................................... do
21,..... An Act respecting Fugitive Offenders in Canada from other parts of
Her Majesty's Dominions..................................................... do
22...... An Act to further amend the Patent Act of 1872.............................. do
23...... An Act respecting Insolvent Banks, Insurance Companies, Loan
Companies, Building Societies and Trading Corporations ...... do
25...... An Act to repeal certain provisions of the General Inspection Act,
1874 .................................................................................. do
26...... An Act further to amend the Petroleum Inspection Act, 1880 .......... do
27...... An Act to correct certain errors in the French versions of the
Dominion Lands Act, and the Dominion Lands Act, 1879 ....... do
28,..... An Act to remove certain doubts as to the effect of the North-West
Territories Act, 1880, and to amend the same......................... do
224)2
Acts and parts of Acts repealed.
47
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT OF CANADA— C'ont ºn utd.
45 Vic oria—1882—Concluded.
29...... An Act to amend on Act to amend and consolidate as amended the
several enactments respecting the North-West Mounted Police
Force................................................................................. The whole.
30...... An Act to further amend the Indian Act, 1880................................. do
31...... An Act to amend and further to continue in force, for a limited time,
the Act forty-third Victoria, chapter thirty-six,...................... do
32..... An Act further to amend the Pilotage Act, 1873, and the other Acts
therein mentioned........................... tº s & e º º e º e s p * * * * * * * * * * * e s e º e º e e g = e º e e do
33......|An Act to further annend the Seamen's Act, 1873 ............................ do
34,..... An Act to amend the Act forty-second Victoria, chapter forty, intituled
“An Act to amend the Maritime Jurisdiction Act, 1877,” and
to make further provision for the recovery of the wages of
seamen employed on vessels navigating the inland waters of do
Canada......... .................................... ........................ * e s is s a º e
35......|An Act to amend and Congolidate the Acts respecting the inspection
of Steamboats, and the CXamination and licensing of Engineers
employed on them............................................................... do
36...... An Act to make further provision respecting Lighthouses, Buoys and
Beacons............................................................................. do
37......|An Act respecting Bridges over navigable waters, constructed under
the authority of Provincial Acts........................................... do
38...... An Act further to continue in force for a limited time the betteſ
Prevention of Crime Act, 1878.............................................. do
39......|An Act to amend the Act fortieth Victoria, chapter thirty, in tituled
“An Act to make provision against the improper use of Fire-
arms” .................. ........................................................... \ do
40......|An Act declaratory of the meaning of the word Telegraph in certain
Cºl.$CS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s e e s a s a º º do
41......|An Act respecting the sale of Railway Passenger Tickets................. ſlo
46......|An Act to amend the General Port Wardens' Act, 1874.................... do
48...... An Act respecting the Harbor and River Police of the Province of
Quebec ........... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e a e s a e º e s a e s e s s a • * * * do
54,.....|An Act to make further provision respecting the inco: poration of a
company to establish a Marine Telegraph between the Pacific
coast of Canada and Asia................................................. tº a do
'46 Victoria—1883.
1......|An Act further to amend the Interpretation Act................ * * * * * ~ * gº is e s ∈ º a do
2...... 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 respectively the 30th June, 1883, and
the 30th June, 1884; and for other purposes relating to the
Public Service.................................................................... do
3,.....|An Act to authorize the raising, by Way of loan, of certain sums of
money required for the public service................................ • * do
4......|An Act to amend the Dominion Elections Act, 1874 ...................... e is do
5......|An Act to amend an Act respecting the offices of Receiver Genera
and Minister of Public Works, as to the powers of the Ministe
of Railways and Canals....................................................... do
6...... An Act to amend the Act thirty-sixth Victoria, chapter four, inti-
tuled “An Act to provide for the establishment of the
Department of the Interior, and to amend the Indian Act,
1880.’’................. * * * * * * * * * * * * * c e e º a tº a s e º e a • * * g º e º 'º - tº e s a s 6 - e º t e º e º 'º e º e s is a e s p ∈ e º a c º do
8......|An Act to amend and colsolidate the Acts relating to the Superan-
nuation of persons employed in the Civil Service of Canada.... do
9......|An Act to provide for the Salaries, and Superannuation and travelling
allowances of certain Judges of certain Provincial Courts...... do
10......|An Act respecting the High Court of Justice................................. do
ll...... An Act consolidating and amending the several Acts relating to the
Militia and Defence of the Dominion of Canada...................... do
12......|An Act to amend and consolidate the Acts respecting the Customs... do
13,....." An Act further to amend the Tariff of Duties of Customs,................. do
66.3% 2.293
48
Acts and parts of Acts repealed.
SCHEDULE A–Continued.

Chap.
Title of Act.
Extent of Repeal. -
Y5......jAn Act to consolidate and amend the several Acts respecting the
- ... [The whole.
16...... i An Act to make further provision respecting the Regulation and -
ACTs of THE PARLIAMENT OF CANADA—Continued.
46 Victoria — 1883 – Concluded.
| Inland Revenue ................. tº e g º e º 'º e º e º e º e e º e º e º g c & G & º ºs e º e º 'º e º 'º - e. e. e. a tº tº e º e º ºs
Collection of Tolls on Government Timber Slides and other
. Works constructed to facilitate the transmission of Timber,
* Lumber and Saw-logs................. tº e o 'º e º e º a s a e s e º e º e s tº s e e s º e º e e s e s - - - - * * * * *
17...... An Act further to amend and to consolidate, as so amended, the
: several Acts respecting the Public Lands of the Dominion
therein mentioned.......... º, º a tº e º ſº tº e º 'º e º 'o g º is a tº 0 tº e º e º º a tº • * * * * * * * * * * * * * * * * * * * * * * * *
18...... iAn Act to amend the Post Office Act, 1875............ tº 4 e s a tº t e º 'º - e º s tº e º e º 'º - tº t e e
19...... An Act to amend the Patent Act of 1872 ........................... • * * * * * * * * * * * *
20...... An Act further to amend an Act in tituled “An Act relating to
! }}anks and Banking,” and the several Acts amending the
! $ill 11C . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * tº a s
22..... An Act relating to Bills of Exchange and Promissory Notes in the
. Province of Prince Edward Island.............. e º e s a s a • * * * * * * * * * * * * * * * * *
23...... An Act to amend an Act respecting Insolvent Banks, Insurance
Companies, Loan Companies, Building Societies and Trading
Corporations -
• * * * * * * * e < * * * * * * * * ... e a e s e s - e º e s s s a e e s - e. e º sº e s - e s e s a e s is a c e s : s e s e º 'º - - - * * * *
24 ..... |An Act further to amend the Consolidated Railway Act, 1879, and to
declare certain Lines of Railway to be works for the general
: advantage of Canada....... ................................................... -
27...... An Act to extend to British Columbia the Act relating to Fishing
: by Foreign Wessels..................................... * * * * * * * * * * * * * * g e º a º º e tº º tº º
28...... An Act respecting Certificates to Masters and Mates of Inland and
Coasting Ships......................................................... tº º e s - e º 'º • *
29...... An Act further to amend the General Inspection Act, 1874........... tº a tº
30......|An Act respecting the sale of Intoxicating Liquors, and the issue of
licenses therefor.............. ....................................................
31...... An Act to legalize proceedings taken for the naturalization of cer-
| tain aliens in the Province of Manitoba........................ .........
:32...... An Act for the better prevention of Fraud in relation to Contracts
i involving the expenditure of Public Moneys...........................
33...... An Act to continue for a limited time the Acts therein mentioned....
-34...... |An Act to amend the Acts respecting procedure in Criminal Cases,
and other matters relating to Criminal Law.......................... &
.35...... An Act to make provision for the taking of Evidence in relation to
- Criminal matters pending in Courts of Justice, in any other of
Her Majesty’s Dominions or before Foreign Tribunals.......... & e
36...... |An Act to amend the Law respecting Lotteries ........ ... • * * * * * * * * * * * * * * * * * * *
37...... |An Act to amend and consolidate the Laws relating to Peniten-
tiaries................................................................. • * * * a tº a tº e © tº tº a tº tº $
43...... i An Act respecting Booms and other works constructed in Navigable
. Waters, whether under the authority of Provincial Acts or
| otherwise .......................................................................... *
45...... An Act further to amend the Act respecting the incorporation of a
ſ company to establish a Marine Telegraph between the Pacific
coast of Canada and Asia......................... tº e º e º it is e = * * * * * * g g g º º tº e º e º a tº
47 Pºctoria—1884.
2...... An Act for granting to Her Majesty certain sums of money required
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l for defraying certain expenses of the public service, for the
financial years ending r spectively the 30th June, 1884, and
the 30th June, 1885, and for other purposes relating to the
* public service.......................... º º ºs e º e º 'º - e º º is * * * * * * * * * e s tº * ~ * * e s tº e s e º e º 'º & & 8
3....... An Act to authorize the raising, by way of loan, of certain moneys
required for the public service......................... ......... . • * * * * * * *
4...... An Act to readjust the yearly Subsidies to be allowed by Canada to
i the several Provinces now included in the Dominion .............
*6...... | An Act respecting the Vancouver Island Railway, the Esquimalt
- Grăving Dock, and certain Railway Lands of the Province of
British Columbia granted to the Dominion .................., tº e º 'º º º º tº t
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Secs. 11 and 12.
2294
Acts and parts of Ac/s repealed.
49
SCHEDULE A–Continued.
Chap. Title of Act.
ACTs of THE PARLIAMENT OF CANADA—Continued.
47 Victoria—1884–Continued.
7......|An Act to authorize a further advance to the Province of Mil nitoba
- in aid of the Public Schools therein......................................
11......|An Act further to amend the Consolidated Railway Act, 1879, and
the Acts amending it.......................... . . . . . . . . . '• • * * * * * * * * * * ‘s a s e s e” e s • a
12...... An Act to provide for the Salary and Travelling Allowances of the
Judge of the County Court of Cariboo, in the Province of
British Columbia ................................................................
13...... An Act to provide for the Salary and Travelling Allowances of an
additional Puisné Judge of the Court of Queen's Bench, in the
Province of Manitoba..........................................................
14...... An Act respecting the Independence of Parliament Act, 1878, forty-
first Victoria, chapter five .................................................... -
16...... An Act further to amend the Act thirty-first Victoria, chapter
twelve, intituled “An Act respecting the Public Works of
Canada”......................................…......…........................
17...... An Act respecting. Fortifications and Military Buildings and their
maintenance and repair.......................................................
18...... An Act respecting the Department of Marine and Fisheries .............-
19...... An Act to amend an Act respecting Certificates to Masters and
Mates of Ships, and the Seamen's Act, 1873...........................
20.....|An Act to amend the Steamboat Inspection Act, 1882, by reducing
the Fees payable on renewal of Engineers' Licenses...............
21...... An Act in further amendment of an Act respecting the treatment and
relief of Sick and Distressed Mariners ..................................
22...... An Act to amend an Act respecting Inquiries and Investigation into
Shipwrecks, and other matters, as to the powers of the
Minister of Marine and Fisheries in certain cases reported to
him under it ...................................................... . . . . . . . . . . . . . . . . -
23...... An Act to amend the North-West Territories Act, 1880 ...................
24...... An Act respecting the territory in dispute between the Dominion of
Canada and the Province of Ontari“....................................
25...... An Act to amend the Dominion Lands Act, 1883 ............................
26...... An Act to extend the limitation of time under the Act forty-third
Victoria, chapter seven, intituled “An Act for the final settle-
ment of Claims to Lands in Manitoba by Occupancy, under the
Act thirty-third Victoria, chapter three ''..............................
27,..... An Act further to amend the Indian Act, 1880 ...............................
28...... An Act for conferring certain privileges on the more advanced Bands
of the Indians of Canada, with the view of training them for
the exercise of Municipal Powers........... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
29...... An Act to amend the Customs Act, 1883 ........................................
30...... An Act further to amend the present Tariff of Duties of Customs......
31......|An Act to amend the Canada Temperance Act, 1878........................
32...... An Act to amend the Liquor License Act, 1883 ...............................
33...... An Act further to amend the General Inspection Act, 1874...............
35...... An A. to amend the Acts respecting the Inspection of Gas and Gas
°ters ..............................................................................
36...... An Act to amend the Weights and Measures Act of 1879..................
38...... An Act for the better prevention of Fraud in connection with the
Sale of Patent Rights .........................................................
39...... An Act further to amend the Act forty-fifth Victoria, chapter twenty-
three intituled “An Act respecting Insolvent Banks, Insurance
Companies, Loan Companies, Building Societies and Trading
Corporations” ........................................ ‘. . . . . . . . . . . . . . . . . . . . . . . . . .
41...... An Act to amend the Act thirty-eighth Victoria, chapter fifty-four,
in tituled “An Act to extend to the Province of Manitoba, the
Act for the more speedy trial, in certain cases, of persons
charged with Felonies and Misdemeanors, in the Provinces of
Ontario and Quebec ............................................................
42......|An Act to amend the Act thirty-seventh Victoria, chapter forty-two,
in tituled “An Act to extend to the Province of British
Columbia certain of the Criminal Laws now in force in other
Provinces of the Dominion ‘’................................................
Extent of Repeal.
The whole.
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Sec. 3.
The Whole.
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2295
50 Acts and parts of Acts repealed.
SCHEI) ULE A – Confinited.

Chap. Title of Act. Extent of Repeal.
Acts of TEIS PARLIAMENT of CANADA—Continued.
47 Pictºria—1884–Concluded
43......|An Act to further amend an Act respecting the duties of Justices of
the Peace out of Sessions, in relation to Summary Convictions ſ
and Orders ................................. • * is a e º e º 'º e º e º 'º - a s 6 & e º 'º e º e º ſº e • * * * * * * * * * * |The Whole.
44...... An Act to authorize the transfer of Prisoners from one gaol to
another, in certain cases..................... ................ • * * * * * * * * * * * * * * * * do
45......|An Act respecting a Reformatory for certain Juvenile Offenders in
the County of Halifax, in the Province of Nova Scotia ........... do
48-49 Pictoria—1885.
1......|An Act to provide for the appointment of a Deputy Speaker of the
House of Commons......... ........................... 0 - - - - - tº e e s tº e º 'º - e º e º 4 tº º 0 - 0 do
2......|An Act to amend the Acts respecting the Department of the Secre-
tary of State................. ........... • * * * * * * * * * * * * * * * • * * * * * * * * * * * * * * * * * * * * * * * * * & do
4...... An Act respecting certain advances to the Provinces...................... do
7......|An Act respecting Explosive Substances....... .* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
40......|An Act respecting the Electoral Franchise....................... tº e º 'º e º e º 'º º e º 'º do
41...... 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 respectively the 30th June, 1885, and the
30th June, 1886, and for other purposes relating to the Public
Service .......... ...................…........ ..................... 4 * * * * * * * * * * * * do
42...... An Act for granting to Her Majesty the sum of . One million seven
hundred thousand dollars, required for defraying certain ex-
penses in connection with the troubles iu the North-West Ter-
ritories .............................................................................. do
43...... An Act to authorize the raising, by way of loan, of certain sums of
money for the Public Service................................................ do
45...... An Act to amend the Act in relation to the Library of Parliament... do
46...... An Act to amend and consolidate the Civil Service Acts of 1882,
º 1883 and 1884 ................ • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s • * * * do
47...... An Act to amend the sections of Acts therein mentioned, relating to
the constitution of the Treasury Board.................................. do
48......|An Act respecting proof of entries in Books of Account kept by
Officers of the Crown........................................................... do
50...... An Act for the final settlement of the claims made by the Province
of Manitoba on the Dominion............................................... do
51...... An Act respecting the administration of Justice, and other matters,
in the North-West Territories........ ... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
52...... An Act to continue for a limited time the Act therein mentioned...... do
53...... An Act to authorize the augmentation of the North-West Mounted
Police ...................….. ................................................... do
54......|An Act respecting the North-West Mounted Police Force................ do
55...... An Act to provide a salary for an additional County Court Judge in
the Province of Manitoba................................................... do
56...... An Act to amend the Act forty-sixth Victoria, chapter nine, intitul-
t d “An Act to provide for the salaries and superannuation
and travelling allowances of certain Judges of certain Pro-
vincial Courts ................ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
61...... An Art to amend the several Acts relating to Dutics of Customs and
Excise......................... ... ......... ......... ................. • * * * * * * s is s a • e o a do
62...... An Act to amend “The Consolidated Inland Revenue Act, 1883 "... do
63...... An Act respecting Canned Goods........................... * * * * * * * * * * * * * * g e º e º a s tº do
64...... An Act further to amend the Acts relating to Weights and Measures. do
65...... An Act further to amend the Acts relating to the Culling and Mea- do
Suring of Timber in the Provinces of Ontario and Quebec......, do
66...... An Act further to amend “The General Inspection Act, 1874,” and
the Acts amending the same................................................ do
67...... An Act respecting the Adulteration of Food, Drugs and Agricultural
Fertilizers....................... - * * * * * * * * * * * * * * * * * * * * * * g e s e º e - © tº s s a tº e - © tº t e e s e e º 'º º tº do
68......|An Act respecting. Agriculturai Fertilizers.................................... do
69...... An Act further to amend the Act respecting the Inspection of Gas
and Gas Meters...................................... .......................... do
2296
Acts and parts of Acts repealed.
51
SCHEDULE A–Continued.
Chap. Title of Act. Extent of Repeal.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
48-49 Victoria—1885—Concluded.
70. “An Act respecting Infectious or Contagious Diseases affecting
Animals..................... '•'s e < * * * * * * * * * * *i e s e s w e s e e a e s a s e s e e s s e º e s a e s e s s a º e s a e s s The whole.
71...... An Act to restrict and regulate Chinese immigration into Canada.... do
72...... An Act to amend “The Consolidated Militia Act of 1883''............. * do
T4 …, |An Act respecting “The Liquor License Act, 1883.”. ..................... t do
T5 ... An Act further to amend “The Steamboat Inspection Act, 1882.”... de
79 .... An Act to amend an Act respecting “The Central Prison for the -
Province of Ontario” ......................................................... do
An Act further to amend “An Act for the better Preservation of the
Peace in the vicinity of Public Works,” and the Acts in
amendment thereof. ......... 's e e s s e s s e e s a s e s a e º e s • * * * * * * * * * * * * * * * * * * * * * * * a s a s a e < de
81...... An Act to amend the Act intituled “An Act to provide for the em-
ployment without the walls of Common Gaols of Prisoners -
Sentenced to imprisonment therein’’.................................... do
82...... An Act further to amend an Act intituled “An Act respecting
offences against the person’’................................................ do
83...... An Act respecting. The Bank of British Columbia........................... do
84...... An Act respecting the Commercial Bank of Windsor................. * . . . . do
49 Victoria—1886.
2...... An Act further to amend “The Interpretation Act.' '...................., do
3...... An Act to amend the Act respecting the Electoral Franchise and
the Dominion Elections Act, 1874............................................ do
5...... An Act respecting Commissions to Public Officers of Canada........... do
6...... An Act to amend the law relating to the salaries of certain Judges
of the Supreme Court of Judicature for Ontario........................ do
7...... An Act to expedite the issue of Letters Patent for Indian
Lands. .............................................................................. do
8...... An Act to explain the Act intituled : “An Act for the final settle-
ment of the claims made by the Province of Manitoba on the
Dominion.”..................................................................…. do
9...... An Act further to amend the Act respecting the Canadian Pacific
Railway............................................................ ..................Sec. 7.
21,..... An Act further to amend “The Post Office Act, 1875.”.................... The Whole.
22,..... An Act respecting the Department of Public Printing and Sta-
tionery ..................................................................…..…. do
23...... An Act respecting Experimental Farm Stations............................. do
24...... An Act respecting the representation of the North-West Territories
in the Parliament of Canada................................................... do
25...... An Act further to amend the law respecting the North-West Ter-
ritories ...................................................... - e º a e e s is º a s g º e º 'º e º 'º º e º ºs e º a tº do
26...... An Act respecting Real Property in the Territories........................ do
27...... An Act further to amend “The hºmºioi, Lands Act, 1883.” ......... do
28...... An Act to make further provision respecting the administration of
the Public Lands of Canada in British Columbia..................... do
34...... An Act further to amend the Steamboat Inspection Act, 1882......... do
35...... An Act respecting certain works constructed in or over Navigable
Waters.................................................................................. do
36...... An Act respecting the protection of Navigable Waters.................... do
37...... An Act further to amend the Acts relating to Duties of Customs
and the importation or exportation of goods into or from
Canada ................................. ............................. … … do
39...... An Act in amendment of “The Consolidated Inland Revenue Act,
1883,” and the Act amending the same........................... ......... i do
40...... An Act in further amendment of the Weights and Measures Act of à
1879.................. ........................................................... …” CiO
41...... An Act to amend “The Adulteration Act.” ................................... do
42......|An Act to prohibit the manufacture and sale of certain substitutes
for Butter.................................................... ......................... do
43...... An Act to amend “The Animal Contagious Diseases Act.”............. do
-44...... An Act respecting Interest in the Province of British of Colum- d
bia..................................... ................................................ Q
Acts and parts of Acts Tepealed.
SCHEDULE A–Concluded.
Acts of THE PARLIAMENT OF CANADA—Concluded.
49 Victoria—1886—Concluded.”
45...... An Act respecting Insurance.................................................. tº e º 'º tº º &
46......|An Act further to amend “An Act 1 especting Insolvent Banks,
Insurance Companies, Loan Companies, Building Societies and
- Trading Corporations.”.........................................................
47...... An Act to amend the law respecting Crown Cases reserved............
48...... An Act respecting the application of certain Fines and Forfeitures....
49...... An Act to make further provision respecting Summary Proceedings
before Justices and other Magistrates.......................................
50...... An Act further to amend the law of evidence in certain cases...........
51...... An Act to amend “An Act respecting offences against the Person.”
52...... An Act to punish seduction, and like offences, and to make further
provision for the Protection of Women and Girls.......................
53......|An Act to amend the Criminal Law, and to declare it a misdemea-
nor to leave unguarded and exposed certain holes, openings and
excavations........................................................................... -
54......|An Act to amend an Act respecting, a Reformatory for certain
Juvenile Offenders in the County of Halifax, in the Province of
Nova Scotia........' ................................................ ................
ll.4...... An † further to amend the Act respecting Fishing by foreign ves-
Sels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The whole.
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OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.
S C H E D U L E B.
ACTS AND PARTS OF ACTs of a public general nature, which affect
Canada, and have relation to matters not within the legislative
authority of Parliament, or in respect to which the power of legis-
lation is doubtful or has been doubted, and which have in consequence
not been consolidated; and also, Acts of a public general nature,
which, for other reasons, have not been considered proper Acts to be
consolidated.
Qhap. Title of Act. Portion of Act.
CoNSOLIDATED STATUTES of CANADA.
5...... An Act respecting the Provincial Statutes...................................... Secs. 1, 2, 3, 4, 5, 6, ex-
cept sub-s. 13 from the
Word “made '' in line
8 to the end of the sub-
section, and sections 14
and 15.
23...... An Act respecting the sale and management of Timber on Public W.
Lands ................................................................................ The whole, except section.
9 from the word
“seized '' in line 4 to
the end of the section,
sub. s. 1 of section 10,
and section 13.
52...... An Act respecting the Inspection of Hops...................................... The whole.
59...... An Act respecting the protection of persons who receive assign-
ments and enter into contracts in relation to Goods intrusted
to Agents ............................................ .............................. Section 21.
60...... An Act respecting Limited Partnerships ....................................... Secs. 17, 19, 20, 21 and 22.
66...... An Act respecting Railways.................................... * * * * * * * * * * g e º 'o tº e º e g º º The Whole.
68...... An Act respecting Joint Šºć. Companies to construct works to
facilitate the transmission of Timber down Rivers and Streams. The whole, scept secs.50,
- 59 and 67.
69...... An Act respecting payment of dividends by Insurance Com-
panies..................................... ................ ........................... The Whole.
79...... An Act respecting the Appointment of Commissioners for taking
Affidavits and the Attendance of Witnesses in the Courts of
Upper and Lower Canada reciprocally.................................. Secs. 4 to 13 inclusive.
CoNSoLIDATED STATUTES FOR UPPER CANADA.
1...... An Act respecting the Consolidated Statutes for Upper Canada...... The Whole.
2...... An Act respecting the interpretation of certain words and terms
therein mentioned...................................................... ......... The whole, except the
last 6 lines of section
15.
18...... An Act respecting Insolvent Debtors' Courts................................. The whole.
19...... An Act respecting the Division Courts.......................................... Sec. 172.
21......|An Act respecting the practice and procedure in Suits instituted on
behalf of the Crown, in matters relating to the Revenue and
the repeal of Letters Patent. ................................................ The whole.
26...... An Act respecting relief of Insolvent Debtors................................. The whole, except secs.
14, 19 and 20.
47...... An Act respecting Rivers and Streams.......................................... The whole.
48...... An Act respecting Mills and Mill-dams.......................................... do
50...... An Act respecting Joint Stock Companies for the construction of
Piers, Wharves, Dry Docks and Harbors. .................., • * * * * * * * * do
2299
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Portion of Act.
º
Chap. Title of Act.
CoNSOLIDATED STATUTES FOR UPPER CANADA—Concluded.
53...... An Act respecting Building Societies............................................ The whole, except secs.
20, 22, 38 and 42.
78...... An Act respecting remedies for and against Executors and Admin-
istrators and respecting the Limitation of certain actions...... Section 7.
79...... An Act to prevent Accidents from Machinery................................. The whole.
104...... An Act to prevent the Profanation of the Lord's Day in Upper Can-
ada....... tº e s tº e º e º e º e º 'º e s m e º & e s e e º e º a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
CONSOLIDATED STATUTES FOR Low ER CANADA.
1...... An Act respecting the Consolidated Statutes for Lower Canada...... do
3...... An Act respecting the time when certain Laws took effect, the pub-
lication of Acts and Proclamations, and the preservation of
certain Records............. • * * * * * * * * * * * * * * * * * * * * * * * * g e º e º e º e º & © e º 'º e º e º s is tº e º e º tº 4 Section 1.
10...... An Act respecting Seditious, and Unlawful Associations and
Oaths.…................................................................... The whole.
14...... An Act respecting Indians and Indian Lands .............................. So much as is not incon-
sistent with or does not
^. make provision in mat-
ters provided for by 39
W., c. 18 (D.)
23......|An Act respecting the sale of Goods on Sundays........................... The Whole.
69...... An Act respecting Building Societies............................................. The yº except sub-s
l of Sec. l.
87...... An Act respecting Arrest and Imprisonment for Debt, and the relief - & &
of Insolvent Debtors............................................................ Secs. 12 to 24 inclusive.
95...... An Act respecting the Writ of Habeas Corpus, Bail and other pro-
- visions of Law for securing the liberty of the Subject............. The whole.
108...... An Act covering the limitation in general of penal actions.............. do
STATUTES OF THE LATE PROVINCE OF CANADA.
23 Victoria—1860.
2......|An Act respecting the sale and management of the Public Lands.....|The whole, except Sec. 33
21...... An Act respecting the Line of Division between Upper and Lower
Canada …..............................................….................... The Whole.
29...... An Act in amendment of the Railway Act .....................................
82...... An Act respecting the Indian Lands in the Township of Durham,
in the County of Drummond................................................ do
123...... An Act to incorporate the Pilots for and below the Harbor of Que-
- - bec......... ......... ............................................................. .... de
24. Victoria—1861.
17...... An Act to explain and amend the Railway Act............................., do
18...... The Joint Stock Companies General Clauses Consolidation Act...... do
'68...... An Act further to amend the Act to provide for the management
and improvement of the Harbor of Montreal and the deepen-
ing of the Ship Channel between Montreal and Quebec.. ........ do
25 Victoria—1862.
26...... An Act to amend the Act for the management of the Toronto Harbor do
46...... An Act to amend the Act to provide for the improvement and man-
agement of the Harbor of Quebec......................................... do
26 Victoria—1863, (1st Session.)
53...... An Act to amend the Act twelfth Victoria, chapter one hundred and d
• * * * * * * tº O
fourteen, relating to the Quebec Trinity House..............
2300
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.

Chap. Title of Act. Portion of Act.
f
STATUTES of THE LATE PROVINCE OF CANADA—Continued.
27-28 Victoria—1864.
12......|An Act to replace the improvements in the Navigation of the River
St. Lawrence, between the Harbors of Quebec and Montreal,
under the control of the Commissioner of Public Works......... The whole.
18......|An Act to amend the Laws in force, respecting the sale of Intoxi-
cating Liquors and the issue of Licenses therefor, and other-
wise for repression of abuses resulting from such sale............ do f
68......|An Act to change the tenure of the Indian Lands in the Township
of Dundee, in the County of Huntingdon.............................. do
69...... An Act to enable the Huron Indians of La Jeune Ilorette, to regulate
the cutting of wood in their Reserve .................................... do
28 Victoria (1865, 1st Session.)
6...... An Act respecting the Weighing, Measuring and Gauging of certain
Articles of General Consumption......................................... do
14...... An Act to regulate the business of Stevedores and Liners in the
Harbor of Montreal ........ tº e º e s s a e e s e e s e e s - e e s e e s a se e s e e s - e s - e e s e º e s e º s v c < * * * * * do
29 Victoria (1865, 2nd Session.)
38...... An Act to make further provisions for the management of Permanent
Building Societies in Upper Canada ..................................... do -
41...... The following articles of
An Act respecting the Civil Code of Lower Canada ......................,
the Civil Code of Lower
Canada brought into
force on 1st August,
1866, by proclamation
dated 26th May, 1866,
under the provisions of
this Act :-Articles 12
to 21, inclusive ; article
23; paragraphs 6 and 7
of article 36; article
108; articles 115 to 127,
inclusive; articles 135
to 156, inclusive ; arti-
cles 185, 206, 367; par-
agraph 2 of article 369;
articles 400, 402, 403;
paragraphs 2, 3 and 4
of article 594; articles
803, 1569, 1573, 1676,
1678, 1679, 1680, 1681,
1682, 1785, 1886, 1989,
1998, 1999, 2007, 2022,
2032, 2000, 2151, 2211
to 2216, inclusive; arti-
cles. 2279 to 2354, inclu-
sive; articles 2355,
2356, 2359, 2361, 2362,
2373 and 2374; articles
2383 to 2403, inclusive ;
articles 2406 to 2462,
inclusive ; articles 2464
to 2467, inclusive; artl-
cles 2552 to 2558, in-
clusive ; articles 2560
to 2567, inclusive ; and
articles 2594 to 2612,
inclusive.
2301
Acts and parts of Acts not consolidated.
SCHEDULE B–Continued.
! -
!
Chap. Title of Act. : Portion of Act.
STATUTEs of THE LATE PROVINCE OF CANADA—Concluded.
|
29 Victoria (1865, 2nd Session)—Concluded.
46...... An Act to amend the tenth chapter of the Consolidated Statutes for
Lower Canada, respecting Seditious and Unlawful Associa-
tions and Oaths................ ................................................. The Whole.
56...... An Act further to provide for the deepening of the Ship Channel
between Montreal and Quebec................................ !........ ..... do
29–30 Victoria—1866.
20...... An Act to confirm the Title to Lands held in trust for certain of the
Indians resident in this Province.......................................... do
43...... An Act to amend the Law of Upper Canada relating to Crown
Debtors.............................................................................. do
45...... An Act for more effectually securing the Liberty of the Subject....... do
51...... |An Act respecting the Municipal Institutions of Upper Canada....... Sec. 409.
58...... An Act to extend the powers of the Trinity House of Quebec.......... The Whole.
REVISED STATUTEs, Nov A Scot1A, 3RD SERIES.
1...... Of the promulgation and construction of Statutes........................... The whole.
28...... Of Naval property............ ...................................................... do
32...... Of an Electric Telegraph for Military purposes............................... do
82...... Of Bills of Exchange and Promissory Notes........... ........................ Sec. 2.
85...... Of the Regulation and Inspection of Provisions, Lumber, Fuel and w -
other Merchandise.................. e e º a 2 e s - a e º 'º - º & e < * * * * * * * * * * * * * * * * * * * * * * * * * g e Secs. 44 to 54, inclusive,
73 to 83, inclusive, and
88 to 121, inclusive.
87...... Of general provisions respecting Corporations................................ The whole.
126...... Of the Court of Marriage and Divorce ........................ & e º sº a tº e º a tº s e o 'º e º e = |Secs. 4 to 7, inclusive.
133......10f Municipalities.......................................................................... So much of sec. 118 as re-
; lates to the appoint-
ment of inspectors of
provisions, lumber,
fuel, and other mer-
chandise, and is unre-
pealed by 36 W., c. 49,
s. 20 (D).
135...... Of Witnesses and Evidence and the proof of written documents...... Sec. 44 in so far as it re-
- lates to any proceeding
instituted in conse-
quence of adultery.
137...... Of the relief of Insolvent Debtors................................................... The Whole.
148...... Of the Writ of Certiorari.............................................................. Secs. 1 and 2.
153...... Of the Liberty of the Subject......................................................... The Whole. -
155...... Of Costs and Fees........................................................................ So much as relates to the
Court of Marriage and
Divorce.
159...... Of offences against Religion.............. tº e s m s e e º a … … . Secs. 2, 4 and 5.
160...... Of offences against Public Morals.................................................. Sec. 2.
|
ACT of:Nova Scot1A NoT REPEALED BY THE REVISED STATUTES, 3Rd;
SERIES.
25 Victoria.—1862.
|
2.... . An Act for the incorporation and winding up of Joint Stock Com-
panies........ .....................….............. ............................ The whole, except sec. 19.
2302
Acts and parts of Acts not consolidated.
|
SCHEDULE B–Continued.
Chap. Title of Act. Portion of Act.
Acts of Nov A Scotia subsequent To THE REVISED STATUTES, 3RD
SERIES.
29 Victoria–1866.
12...... An Act to amend, chapter 154 of the Revised Statutes “Of the
Limitations of Actions.......................... * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 15. |
13...... An Act to amend the Laws relating to Divorce and Matrimonial -
Causes.…....................................................................... The whole, except sec. 12.
30 Victoria—1867.
27...... An Act to vest, in the Crown certain public grounds in the Town
Plot of Chester................................................................. do
28...... An Act to vest in the Crown certain Public Lands in the Town of
Lunenburg ................................................... .................... do
32...... An Act to amend chapter 92 of the Revised Statutes “Of the pre-
servation of useful Birds and Animals "............................... [Sec. 7.
i
REvised STATUTEs of NEW BRUNswick-Wol. 1.
|
64...... Of Rules and Regulations............................................................ Sub-sections 24 and 31 of
Sec. 1. -
92,..... Of the Regulation of sales of Lime................................................ The "whole.
93,..... Of the Measurement of Firewood and Bark..................................... do
96...... Of the Survey and Exportation of Lumber...................................... do
1 16..... Of Bills, Notes and Choses in Action............................................. Sec. 2.
l 19...... ºf Corporations................................................................. * * * * * * * * * The whole.
120...... Of Banking ................................................................................. The whole, except sec. 3.
122...... Of Damaged Goods.….... ............................................................. The whole.
124...... Of Insolvent confined Debtors ...................................................... The whole, except sec. 9.
127...... Qf Habegs Corpus...:::::::::::::::::::::... ............................................ The whole.
140...... Qf the Limitation of Personal Actions........................................... Sec. 2. '
144...... Of Oſtences against Religion......................................................... Sec. 2.
145......|Qf Offences against Public Morals and Decency.............................. Secs 2 and 3.
161...... Of Terms, Explanations and General Provisions............................. The whole, except sec. 30
from “false ’’ in line 18
to the end of the sec-
| - - tion. - -
162......" Of the Promulgation and Repeal of Statutes................................... Secs. 1 to 14, inclusive.
PUBLIC STATUTES OF NEW BRUNSW ICK.—Wol. 2.
31 George III.
5...... |An Act for regulating Marriage and Divorce, and for preventing
and punishing Incest, Adultery and Fornication ...................|Secs. 5, 9 and 10.
:
- 12 Victoria.
39,..... An Act to consolidate and amend various Acts of Assembly relating
ſ
$3 to the further amendment of the Law
• * * * * * * * * * * * * * * * * * * * * * * * g e g º e s e s e º e a
| IlocAL AND PRIVATE STATUTES OF NEW BRUNSWICK.—WOL. 3.
i
t
|
w
i
10 Victoria.
Sec. 23.
t
e g º º q
The whole.
• * * * * * * * * * * * * g e º 'º -
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Ghap. Title of Act. Portion of Act.
AcrS OF NEW BRUNSWICK SINCE THE REVISED STATUTEs.
17 Vietoria.
12...... An Act to authorize the Election of certain Town or Parish Officers...|The whole.
18 Victoria—1855.
22...... An Act in addition to and amendment of certain chapters of Titles
eight and ten, and Titles thirty, thirty-one and thirty-four of
the Revised Statutes......... .................................. ...............
24......|An Act relating to Jurors............................................................
19 Victoria.
41...... An Act in further illmendment of the Law. ......................................
42...... An Act for better securing the liberty of the Subject......................
47...... An Act to explain chapter 120, Title XXXI, of the Revised Statutes
“Of Banking ”...................................................................
57...... An Act to amend chapter 138, Title XXXVII, of the Revised Statutes
“Of Summary Convictions,” so far as the same may apply to
the Parish of Portland.........................................................
21 Victoria.
45...... An Act to provide for the appointment of a Deputy Harbor Master
for the Port and Harbor of Saint John........... • . . . . . . . . . . . . . . . . . . . . .
23 Victoria.
28...... An Act to amend the Law relating to Insolvent confined Debtors...
37...... An Act to amend the Law relating to Divorce and Matrimonial
C&USèS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24 Victoria.
8...... An Act to amend the Law relating to Divorce and Matrimonial
C&llS6S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
25 Victoria.
18......|An Act to amend chapter 96 of the Revised Statutes “Of the Survey
and Exportation of Lumber”................................................
19...... An Act in addition to chapter 93, Title XVIſ, of the Revised Statutes
“Of the measurement of Firewood and Bark”......................
28...... An Act relating to Corporations...................................................
Sec. 6.
Sec. 17.
Sec. 2 in So far as it re-
lates to any proceeding
instituted in conse-
quence of adultery.
The Whole. - -
do
do
do
do
do
do
do
26 Victoria.
10......
An Act to amend chapter 124, Title XXXIV, of the Revised Statutes
“Of Insolvent confined Debtors”
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
do
do
The whole. '
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Portion of Act.
Chap. Title of Act.
Acts of New BRUNswick SINCE THE REVISED STATUTEs.—Concluded.
27 Victoria.
8...... An Act relating to the issuing of Warrants by Justices of the Peace,
and in aid of Police Officers and Constables in the execution of
their duties.............................................. . . . . . . . . . . . . . . . . . . . . . . . . . . .
18...... An Act relating to the Harbor of the City of Saint John.................
28 Victoria.
6...... An Act relating to Marriage and Divorce......... .............................
21...... An Act for the protection of Moose................................................
ſ 29 Victoria.
22...... An Act to revive and continue an Act intituled “An Act for the
regulation of Benefit Building Societies”..............................
30 Victoria—1867.
... 10......|An Act to establish County Courts...............................................
29...... An Act in amendment of twenty-fifth Victoria, chapter 28, intituled
. “An Act relating to Corporations''.....................................
34,..... An Act to amend chapter 116, Title XXX, of the Revised Statutes,
“Of Bills, Notes and Choses in Action ”; also Act 12th Vic-
toria, chapter 39, relating thereto. .......................................
REVISED STATUTES OF BRITISH Columbia.
Laws of the formerly separate Colony of Vancouver Island.
13...... An Act for consolidating in one Act certain provisions usually in-
serted in Acts authorizing the taking of Lands for undertak-
ings of a Public Nature........................... ............................
Laws of the formerly separate Colony of British Columbia.
46...... |Proclamation “The Sunday Observance Act, 1863 ''......................
65...... An Ordinance to amend the Law relating to Joint Stock Com-
panies............................................................. ....................
Laws of British Columbia after the Union of Vancouver Island
and British Columbia. -
74...... An Ordinance to provide for the taking of Oaths and the admission
of Evidence in certain cases.......................... . . . . . . . . . . . . . . . . . . . . . . .
85...... An Ordinance to assimilate and amend the Law prohibiting the sale
or gift of Intoxicating Liquor to Indians ..............................
89...... An Ordinance to regulate the Solemnization of Marriage................
116...... An Ordinance to amend the Law of Partnership........ ... • . . . . . . . . . . . . . . . . . . .
128...... An Ordinance to encourage the establishment of Investment and
Loan Societies .......... .........................................................
Sec. 2.
The whole.
do
Secs. 8, 9 and 10.
The Whole.
Sec. 32.
The whole.
Sec. 1.
Sec. 12.
The whole.
The whole, except secs.
8, 9 and 10, and except
in so far as it relates to
insolvency or to the
winding up of Com-
panies, for the winding
up of which provision
has been made by the
Parliament of Canada.
Secs. 5, 6, 7 and 8.
Secs. 10 and 11.
Secs. 19, 20 and 21.
Sec. 6. 4.
The whole.
2305
8
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Chap. Title of Act. Portion of Act.
REVISED STATUTEs of BRITISH Columbia—Concluded.
Laws of British Columbia after the Union of Vancouver Island
and British Columbia—Concluded. -
d29, .... An Ordinance respecting “The Companies Ordinance, 1866 '' ......... The whole, except in so
w far as it relates to in-
solvency or to the
winding up of com-
panies, for the winding
up of which provision
has been made by the
** * * * * º e Parliament of Canada.
*157...... An Act to regulate Elections of Members of the Legislature of this
Colony............ ::... . . . .'; . . . . . . . . . . . . . . . . . . .'; ... . . . . . . . . . . . . . . . . . . . ….... Secs. 103, 104 and 105.
H58......|An Act to prevent Bribery, Treating and undue Influence at Elec-
tions of Members of the Legislature...................................... Secs. 14, 15, 16 and 17.
165...... An Act to amend the “Investment and Loan Societies Ordinance,
1869”................... ...:... . . .::::::::::::::::::::::: ......... :::::::::::... . The Whole.
I67...... An Act to make provision for inquiring into Controverted Elections
and Disputed Returns of Members to serve in the Legislature. Sec. 31.
d68...... An Act to exempt (in certain cases) Cattle farmed on shares, and -
their increase, from the operation of any Bankruptcy or Insol-
vency Laws ...... '• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a s e The whole except sec. 3
from the second “and”
in line 6 to the end of
- | the section.
REVISED STATCTES OF PRINCE EDWARD ISI, AND. |
20 George III—3rd Session.
3...... An Act for the due observance of the Lord's Day........................... The Whole.
59 George III.
2...... An Act to prevent Acts of the General Assembly from taking effect
from a time prior to the passing thereof.................. .............. do
5 William IV.
I0......|An Act for establishing a Court of Divorce in this Island, and for
repealing a certain Act therein mentioned ............................ do
7 JWilliam IV.
29...... An Act for investing all Estates and Property in this Island belonging
to, or occupied for, the Ordnance Service in the principal
Officers of His Majesty's Ordnance, and for granting certain
powers to the said principal Officers.................................... The whole, except secs. 8
to 13, inclusive.
6 Victoria—1843.
14...... An Act relating to the Fisheries, and for the prevention of Illicit
Trade in Prince Edward Island, and the coasts and harbors
thereof.......... ..................................................................... The whole.
14 Victoria—1851.
2...... An Act to consolidate and amend the Laws now in force for the relief
of Insolvent Debtors........................ : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The whole, except sec. 17.
4......|An Act for shortening the language used in Acts of the General
Assembly.................. ......... ......................... ..................... The Whole.
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Chap. Title of Act.
REVISED STATUTES, PRINCE EDWARD ISLAND–Continued.
15 Victoria—1852.
14...... An Act relating to Corporate Bodies.............................................
15...... An Act to amend an Act relating to Corporate Bodies ...................
34...... An Act relating to the Charlottetown Ferry and the Wharves con-
nected there with.... ............................................................
16 Victoria — 1853.
12...... An Act to amend the Law of Evidence..........................................
19 Victoria—1856.
17...... An Act to alter and amend the Act relating to the Charlottetown
- Ferry, and the Wharves connected therewith........................
19...... An Act for transferring to one of Her Majesty's Principal Secretaries
of State the Powers and Estates vested in the Principal Officers
of the Ordnance ..................................................................
20 Victoria—1858.
10...... An Act for better securing the Liberty of the Subject.....................
23 Victoria—1860.
23...... An Act to amend the Laws relating to Bills of Lading....................
24 Victoria—1861.
7...... An Act for the preservation of the Alewives' Fisheries in this Island.
27...... An Act relating to the punishment of certain cases of felony and
misdemeanor .....................................................................
25 Victoria—1862.
13...... An Act relating to Limited Partnerships .......................................
23...... An Act for vesting all Estates and Property occupied by or for the
Naval Service of the United Kingdom of Great Britain and
Ireland, in the Lord High Admiral, or the Commissioner for
executing the office of the Lord High Admiral of the said Un-
ited Kingdom for the time being............................................
27 Victoria—1864.
9...... An Act to amend the Act now in force for the Relief of Insolvent
Debtors.................. ............................................................
32.... . An Act relating to Steam Communication between Charlottetown
and certain parts of the Hillsborough and Elliot Rivers, and
to repeal a certain Act therein mentioned..............................
29 Victoria—1866.
11...... An Act to amend the Act intituled “An Act for establishing a Court
of Divorce in this Island, and for repealing a certain Act
therein mentioned''.............................................................
37...... An Act for the regulation of Benefit Building Societies...................
Portion of Act.
The whole.
do
The whole, except secs.
4, 5, 6, 10 and 17.
Sec. 14.
The whole.
do
do
do
Sec.
Sec. 3.
Sec. 9.
The Whole.
Sec. 1.
The whole, except sec. 5.
The whole.
The whole, except sec. 33.
67% 2307
10
Acts and parts of Acts not consolidated.
SCHEDULE B–Continued.

Portion of Act.
Chap. Title of Act.
REVISED STATUTEs, PRINCE EDWARD ISLAND–Concluded.
31 Victoria—1868.
14...... An Act to amend the Act for the due observance of the Lord's Day.
ACTS OF PRINCE EDWARD ISLAND SINCE REVISED STATUTES.
32 Victoria—1869.
11...... An Act to provide for the Service of Divorce Process on absent
parties ............................................................... • e s tº e o e º e º e s e e o e
34......|An Act to enable the Government to secure Telegraphic Commu-
nication ....................................... ........................... * * * * c e º 'º - o
33 Victoria–1870.
7...... An Act to procure a Steamboat for the Georgetown Ferry...............
34 Victoria—1871.
13...... An Act to encourage Steam Communication between Charlottetown
and Mount Stewart Bridge, on the Hillsborough River...........
17...... An Act relating to certain Grants by the Crown ...........................
22...... An Act to amend the Act to procure a Steamboat for the George-
town Ferry....... .... ............................................................
ACTS OF THE PARLIAMENT OF CANADA.
31 Victoria — 1867–68.
13...... An Act respecting the construction of “The Intercolonial Railway”
77...... An Act to enable Her Majesty to provide for the Widow and Children
of the late Honorable Thomas D'Arcy McGee........ & e º º e º & 6 º ºs e º e º 'º º
T9...... An Act to amend “An Act to provide for the improvement and
management of the Harbor of Quebec,” and the Act amending
the same ..................................................................... & a s e º 'º -
32–33 Victoria—1869.
40...... An Act to provide means for improving the Harbors and Channels
at certain Ports in the Provinces of the Dominion .................
42...... An Act to amend the Act of the late Province of Canada, twelfth
Victoria, chapter 114, to consolidate the Laws relative to the
powers and duties of the Trinity House of Quebec, and for
other purposes............................................................. * e e s a e &
43...... An Act to amend the Act twenty-third Victoria, chapter 123, being
an Act incorporating the Corporation of Pilots for and below
the Harbor of Quebec.......................................... & e º ºs e º 'º e º 'º e e tº º ºx -
44...... An Act to amend the Act respecting the improvement and manage-
ment of the Harbor of Quebec ................. & a s e º e º e º 'º e º e º e s tº e e º e e s e e e e º 'º
33 Victoria–1870.
3...... An Act to amend and continue the Act thirty-two and thirty-three
Victoria, chapter 3, and to establish and provide for the
Government of the Province of Manitoba................. * * * * * * * e s a e s a
12...... An Act to remove certain restrictions with respect to the issue of
Bank Notes in Nova Scotia.....................................................
20...... An Act to amend and extend the Act to provide means for improving
the Harbors and Channels at certain Ports in the Provinces
of the Dominion............................................... * c e º 'º e º e o e º e s e s e e tº º
24...... An Act respecting certain Works on the Ottawa River ...................
33...... An Act to continue and make permanent certain Acts and parts of
Acts of the Province of New Brunswick relative to the Police
Force in the Parish of Portland, in the City and County of St.
The whole.
do
do
do
do
do
do
The whole, except sec. 3.
—#4
The Whole.
do
do
do
do
do
Secs. 2, 6 to 24, both in-
clusive, and sec. 26.
The Whole.
do
do
John ...... “. … ...............................................................
do
Acts and parts of Acts not consolidated.
11
SCHEDULE B–Continued.
Chap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT of CANADA—Continued.
33 Victoria–1870—Concluded.
40...... An Act to vest in Her Majesty for the purposes, therein mentioned,
the F.P. and powers now vested in the Trustees of the
Bank of Upper Canada........................................................ The whole.
44...... An Act further to amend the Acts respecting the improvement and
management of the Harbor of Quebec .........-------................... do
45...... An Act to authorize the Corporation of the Township of Colling-
wood, in the County of Grey, to impose and collect Tolls or
Harbor Dues at the mouth of Beaver River, and for other
Pllſp0S6S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
46....., An Act to authorize the Town of Belleville to impose and collect
Harbor Dues, and for other purposes .................................... do
34 Victoria—1871.
8......|An Act to amend the Act thirty-third Victoria, chapter 40, respecting
the settlement of the affairs of the Bank of #. Canada....... do
27...... An Act to prolong, for a certain time, the term allowed for the
redemption of Rents reserved on certain Indian Lands in the
Township of Dundee ........................................................... The whole, except sec. 1.
28...... An Act to authorize the Sale of the Oakville Harbor...................... The Whole.
31...... An Act respecting certain Officers of the Trinity House of Quebec... do
33...... An Act to provide for the appointment of a Port Warden for the
Harbor of Quebec ............................ .................................. The whole, except sec. 11.
34...... An Act further to amend the Acts respecting the improvement and
management of the Harbor of Quebec ................... ............... The Whole.
35...... An Act to extend the provisions of the Act authorizing the imposi-
tion and collection of Harbor Dues by the Corporation of the
Town of Owen Sound.......................................................... do
36...... An Act to authorize the incorporated Willage of Trenton to impose
and collect Harbor Dues, and for other purposes......,............ do
35 Victoria—1872.
5...... An Act to amend the Act thirty-fourth Victoria, chapter 3, respect-
ing the Loan for paying a certain sum to the Hudson's Bay
Company ....................................... .................................... The whole, Texcept sec. 1
from the beginning
to “ loan '' in line 8
thereof.
36...... An Act to amend the Act, chapter 47 of the Consolidated Statutes
for Upper Canada, in tituled “An Act respecting Rivers and
Streams”............................................................” “....” The whole.
40......|An Act for imposing Tonnage Dues and Wharfage Rates, to meet
the cost of improving the navigation of the St. Lawrence
between Montreal and Quebec ............................................. do
41...... An Act to extend the Acts thirty-second and thirty-third Victoria,
chapter 40, and thirty-third Victoria, chapter 20, to the Port
Of 8.iº. s e e a e e s a e s a e e s a s a e º e º se e s e e e s • e s e e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * do
42...... An Act to provide for the appointment of a Harbor Master for the
Port of Halifax .................................................................. , The whole, except secs. 'I
and 9.
36 Victoria—1873.
10......|An Act to add to the number of the Members of the Corporation of
the Trinity House of Quebec, and to increase the powers
- thereof............................................................................... The whole.
11...... An Act to amend the Acts relating to Port Wardens at Montreal
and Quebec ........................................................................ The whole, except secs. I
and 2, and except secs.
5, 6 and 7, as to the
Harbor of Montreal.
67.4%
Acts and parts of Acts not consolidated.
SCHEDULE B–Continued.
Chap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT OF CANADA— Continued.
36 Victoria—1873—Concluded.
12...... An Act to amend the Act to provide for the appointment of a
Harbor Master for the Port of Halifax ................................... The whole.
45...... An Act to amend the Act respecting the construction of the Inter-
colonial Railway................................................................. The whole, except sec. 1.
55...... An Act respecting Wreck and Salvage .......................................... Secs. 38 and 39.
60...... An Act to make further provision for the improvement of the River
St. Lawrence between Montreal and Quebec........................., The whole.
61...... An Act respecting the Trinity House and Harbor Commissioners
of Montreal......................................................................... The whole, except secs.
- 12 and 13.
62...... An Act further to amend the Acts to provide for the management
and improvement of the Harbor of Quebec ............................ The whole, except secs, 5
and 6; sec. 18 from
‘‘ on '' in line 17 to
“each '' in line 20, and
from ‘‘ on ” in line 46
to “thereof.” in line
50, Sec. 19 and sec. 23.
63...... An Act respecting the Harbor of Pictou, in Nova Scotia ................. The whole, except sec. 3.
64...... An Act to amend the Act respecting Joint Stock Companies to
construct Works to facilitate the transmission of Timber down
Rivers and Streams............................................................. The Whole.
37 Victoria—1874.
14...... An Act to provide for the construction of the Canadian Pacific
Railway ............................................................................ do
15...... An Act to amend the Act respecting the construction of the Inter-
colonial Railway................................................................. do
16...... An Act to authorize the transfer of the Windsor Branch of the Nova
Scotia Railway to the Western Counties Railway Company... do
17...... An Act to authorize the advance of a certain sum to the Province
of British Columbia for the construction of a Graving Dock at
Esquimalt, and for other purposes........................................ The whole, except sec. 2.
18...... An Act to authorize the purchase of the Pier or Breakwater at Cow
Bay, Nova Scotia, and to provide for its maintenance............. The whole.
31...... An Act to amend the Act respecting the Trinity House and Harbor
Commissioners of Montreal.................................................. The whole, except sec. 3.
50...... An Act to make further provision for the management of Permanent
Building Societies carrying on business in the Province of -
Ontario .............................................................................. The whole, except secs. 4
and 19. -
38 Victoria—1875.
22...... An Act respecting the Intercolonial Railway................................. The Whole.
23...... An Act respecting the Lien of the Dominion on the Northern Rail-
Way of Canada ....................................................... ........... do
55...... An Act respecting the Trinity House and Harbor Commissioners of
Quebec .............................................................................. The whole, except sec. 2,
in So far as it consti-
tutes the Quebec Har-
bor Commissioners the
Pilotage authority of
the Pilotage District of
Quebec, Sec. 4, sec. 5
from ‘‘ and ’’ in line
19 to the end of the
section, sec. 7 from
“ the ’’ where it Se-
condly occurs in line
9 thereof to the end of
the Section, and secs, 11
and 15. tº
2310
Acts and parts of Acts not consolidated.
13
tº
SCHEDULE B-Continued.
Chap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
38 Victoria—1875—Concluded.
56...... An Act respecting the Graving Dock in the Harbor of Quebec, and
aúthorizing the raising of a Loan in respect thereof............... The whole.
39 Victoria — 1876.
6...... An Act to amend the Act thirty-eighth Victoria, chapter 23, respecting
the Northern Railway of Canada .......................................... do
16...... An Act respecting the Intercolonial Railway................................. do
17...... An Act respecting the Desjardins Canal........................................ do
38...... An Act to remove doubts under the Acts therein mentioned respecting
the Harbor Commissioners of Montreal, and to amend the
Same . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . do
39...... An Act to remove doubts under the Acts therein mentioned respect-
• ing the Corporation of the Quebec Harbor Commissioners...... do
40 Victoria—1877.
3...... An Act º the Great Seals of the Provinces of Canada,
other than Ontario and Quebec ............................................ do
46....., An Act to authorize the transfer of the Truro and Pictou Branch of
the Intercolonial Railway, to the person or company construct-
ing a line of railway from New Glasgow to the Strait of Canso,
and providing a proper ferry across the Strait....................... The rºle except secs. 2
and 3.
47...... An Act respecting the claim of the Dominion on the Northern Rail-
Way Company of Canada..................................................... The whole.
48...... An Act to amend the Act thirty-seventh Victoria, chapter 50, respect-
, ing Permanent Building Societies in Ontario ........................ do
49 ..... An Act to amend the “Act to make further provision for the man-
agement of Permanent Building Societies carrying on business -
in the Province of Ontario”................................................ The Yºle. except secs. 2
and 3.
50...... An Act to make further provision respecting the constituting and
management of Building Societies in the Province of Quebec.. The whole.
51...... An Act further to amend the Acts to provide for the management of
the Harbor of Quebec, and the “Pilotage Act, 1873’’............. The rºle. except secs, 6
and 7.
52...... An Act to authorize the Town of Kincardine, in the County of Bruce, *
to impose and collect certain Tolls at the Harbor in the said
Town................................................................................. The whole.
53...... An Act respecting Tolls in the Harbor of Montreal....... ................. do
41 Victoria—1878.
16...... An Act respecting the traffic in Intoxicating Liquors...................... Sec. 124.
22...... An Act to amend the Law respecting Building Societies carrying on
business in the Province of Ontario ..................................... The Whole.
42 Victoria—1879.
10...... An Act to amend an Act in tituled “An Act respecting the Inter-
colonial Railway,” passed in the thirty-ninth year of the reign
of Her Majesty Queen Victoria .......................... : ........ . . . . . . . . . . do
11...... An Act for the acquisition by the Dominion of a certain portion of
the Grand Trunk Railway, to be made part of the Intercolonial
Railway .........................................................…........ …" do
12...... An Act to amend “The Truro and Pictou Railway Transfer Act, d
1877''.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * O
13...... An Act to amend “The Canadian Pacific Railway Act, 1874.”......... do
14...... An Act further to amend “The Canadian Pacific Railway Act, 1874.” do
2311
14
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.

Chap.
Title of Act.
Portion of Act.
ea e o e =
e = e º 'º e
* c q e º &
e e - ºr º º
ACTs of THE PARLIAMENT OF CANADA—Continued.
42 Victoria–1879–Concluded.
An Act to amend the Acts respecting the Trinity House and Har-
bor Commissioners of Montreal.............................................
An Act to amend the “Act respecting the Harbor of Pictou, in
Nova Scotia, ’’
An Act respecting the Harbor of North Sydney, in Nova Scotia......
An Act to provide for the Liquidation of the affairs of Building
Societies in the Province of Quebec .....................................
An Act respecting Building Societies carrying on business in the
Province of Ontario ............................................................
An Act to amend so much of the Act thirty-third Victoria, chapter
46, as relates to the imposition and collection of Dues and
Tolls upon Logs, Timber, Pine, Cedar and Railway Ties pass-
ing down the River Moira, through the Port of Belleville........
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
43 Victoria—1880.
An Act to confirm the purchase, by the Dominion, of a portion of
the Grand Trunk Railway, and the agreement made with the
i. Trunk Railway Company of Canada with respect
the reto
• * ~ * * * * * * * * * * * * * * * * * * * e s e º 'º - e. e. g. e. e. e. e º e º 'º e º e e s tº e º e e - e. e º ſº e º e g º e º 'º e s e º 'º - tº e º 'º - e º & © tº
. An Act to amend the Act respecting Joint Stock Companies to
construct works to facilitate the transmission of Timber down
Rivers and Streams.............................................................
An Act to confirm a certain Order of the Governor in Council
respecting the Graving Dock at Esquimalt............................
An Act to ratify and confirm a certain agreement therein mentioned
between the Government of Canada and the Canada Central
Railway Company...............................................................
An Act to authorize the raising of a further sum to enable the Quebec
Harbor Commissioners to complete their Tidal Dock............
An Act to amend the Acts respecting the Trinity House and Harbor
Commissioners of Montreal............................................ .....
An Act to enable the Harbor Commissioners of Montreal to pay a
life annuity to the Widow of the late Honorable John Young..
An Act further to amend “An Act respecting the Harbor of Pictou,
in Nova Scotia. ".................................................................
An Act for the relief of Permanent Building Societies and Loan
Companies
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e º e º e º 'º e º e º 'º º e s e a tº a
44 Victoria—1881.
An Act respecting the Canadian Pacific Railway............................
An Act to amend the Act thirty-sixth Victoria, chapter 60, respecting
the Montreal Harbor Commissioners
• * * * * * * * * * * e e s e e a e s e e s m e º e º e s e º a e e s e s a
& ſº e º e º 0 º º tº ſº tº º
45 Victoria—1882.
An Act to provide for the allowance of drawback on certain articles
manufactured in Canada, for use in the construction of the
Canadian Pacific Railway....................................................
An Act to increase the amount placed at the disposal of the Governor
in Council by the Act thºr Victoria, chapter 8, for paying
off claims on the Bank of Upper Canada................................
An Act to provide for the granting of subsidies for the construction
of certain Lines of Railway therein mentioned.......................
An Act to provide for building certain Branch Lines of Railway
from points on the Intercolonial Railway and Prince Edward
Island Railway respectively.................................................
An Act respecting the Windsor Branch of the Intercolonial Railway.
An Act to encourage the construction of Dry Docks by granting
* on certain conditions to Companies constructing
them
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e a e s e e s e e s a e e s e º e º e º e a s e e s e e a
The whole.
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
The whole, except sec. 5
The whole.
do
do
do
do
Acts and parts of Acts not consolidated.
15
SCHEDULE B-Continued.
Ghap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT of CANADA—Continued.
45 Victoria—1882—Concluded.
24...... An Act to further amend the law respecting Building Societies and
Loan and Savings Companies carrying on business in the
Province of Ontario ............................................................ The whole.
42...... An Act concerning Marriage with a Deceased Wife's Sister............ do
43...... An Act further to amend the Act respecting the Trinity House and
Harbor Commissioners of Montreal....................................... do
44...... An Act to make further provision for the improvement of the River
St. Lawrence, between Montreal and Quebec......................... do
45...... An Act to amend and consolidate the Acts relating to the Office of
Port Warden for the Harbor of Montreal............................... do
47...... An Act further to amend the Acts to provide for the improvement
and management of the Harbor of Quebec............................. do
49...... An Act to .# the Act thirty-fifth Victoria, chapter 42, respecting
the appointment of a Harbor Master for the Port of Halifax.... do
50...... An Act to amend the Act respecting the Harbor of North Sydney,
in Nova Scotia................................................................... do
51...... An Act relating to the Harbor of St. John, in the Province of New
Brunswick.......................................................................... do
52...... An Act to provide for the improvement and management of the
Harbor of Three Rivers ................................ • * : - - - - - - - - - - - - - - - - - - - - The whole, except sec. 6
53......|An Act to authorize the construction, on certain conditions, of the
Canadian Pacific Railway through some Pass other than the
Yellow Head Pass............................................................... The whole.
55...... An Act to provide for the granting of a subsidy to the Chignecto -
Marine Transport Railway Company (limited)....................... do
46 Victoria—1883.
34...... An Act to encourage the manufacture of Pig Iron in Canada from -
Canadian Ore.................................................................... do
21...... An Act to amend the Act passed in the forty-fifth year of the reign
of Her present Majesty, in tituled “An Act to repeal the duty
on Promissory Notes, Drafts and Bills of Exchange ’’............. do
25...... An Act for authorizing Subsidies for the construction of the Lines
of Railway therein mentioned .............................................. do
26...... An Act to provide for advances to be made by the Government of
Canada to “The Saint John Bridge and Railway Extension
Company”................................................….::::::::::: do
38...... An Act to make further provision for deepening the Ship Channel
of the River St. Lawrence, between Montreal and Quebec....... do
39...... An Act to amend the Act thirty-sixth Victoria, chapter sixty-two,
and the Act forty-third Victoria, chapter seventeen, respecting
the 9. Harbor Commissioners....................................... • do
40...... An Act to imend the Act thirty-eighth Victoria, chapter fifty-Six,
in tituled “An Act respecting the Graving Dock in the Harbor
of Quebec, and authorizing the raising of a Loan in respect
thereof.” ............................................................................ do
41...... An Act respecting the Harbor Master of the Harbor of Three
Rivers...............................................................” “...... do
42...... An Act further to amend the Act respecting the Harbor of Pictou..... do
47 Victoria—1884.
1...... An Act to amend the Actintituled “An Act respecting the Canadian
Pacific Railway,” and for other purposes.............................. do
5...... An Act for giving effect to an agreement therein mentioned between |
the Government of the Dominion and that of Nova Scotia....: do
6...... An Act respecting the Vancouver Island Railway, the Esquimalt
Graving Dock, and certain Railway Lands of the Province of
British Columbia, granted to the Dominion......... ......... ......... Tº ...”. except secs.
8, Il º
8...... An Act to authorize certain subsidies and grants for and in respect
of the construction of the Lines of Railway therein mentioned. The Whole.
2313
Acts and parts of Acts not consolidated.
SCHEDULE B-Continued.
Chap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT OF CANADA—Continued.
47 Victoria—1884—Concluded.
9...... An Act to make further provision towards the completion of the
Tidal Dock in the Harbor of Quebec ............................... ..... The Whole.
10...... An Act to authorize the advance of a further sum for completing the
Graving Dock in the Harbor of Quebec ................................. do
24...... An Act respecting the Territory in dispute between the Dominion of
Canada and the Province of Ontario .................................... The whole, except sec. 3.
40...... An Act to amend the Acts fortieth Victoria, chapter 49, and forty-
fifth Victoria, chapter 24, being Acts relating to Permanent
Building Societies and Loan and Savings Companies carrying
on business in Ontario......................................................... The whole.
48–49 Victoria—1885.
3...... An Act to provide for the taking of a Census in the Province of
Manitoba, the North-West Territories and the District of
Keewatin.................. .................. ...................................... do
5...... An Act to amend the Act forty-fifth Victoria, chapter seventeen, to
encourage the construction of Dry Docks.............................. do
44...... An Act to provide for the fitting representation of Canada at the
Colonial and Indian Exhibition, to be held in London in the
year 1886 .............................. ............................................ do
57...... An Act further to amend the Acts respecting the Canadian Pacific
Railway, and to provide for the completion and successful oper-
ation thereof....................................................................... do
58...... An Act to authorize the granting of further subsidies to and making
further provision for the construction and efficient operation of
the Railways therein described....... ..................................... do
59...... An Act to authorize the granting of the subsidies therein mentioned
in aid of the construction of certain Railways.................. .... do
60...... An Act to authorize the grant of certain subsidies in land for the
construction of the Railways therein mentioned..................... do
73...... An Act to authorize grants of land to members of the Militia. Force
lately on active service in the North-West............................. do
76...... An Act to authorize the advance of a certain sum to the Harbor
Commissioners of Three Rivers.................................... * * * * * * * * tº do
'77...... An Act for facilitating navigation of the River St. Lawrence, in and
near the Harbor of Quebec........................ .......................... do
78...... An Act to amend the Acts respecting the appointment of a Harbor
Master at the Port of Halifax................................................ do
W 49 Victoria—1886.
9...... An Act further to amend the Act respecting the Canadian Pacific
Railway................................................................. ........... The whole, except sec. 7.
10...... An Act to authorize the granting of certain Subsidies for and in aid
of the construction of the lines of Railway therein mentioned..|The whole.
ll...... An Act to authorize the grant of certain Subsidies in Land for the
construction of the Railways therein mentioned..................... do
12...... An Act to amend an Act to authorize the granting of Subsidies in
Land to certain Railway Companies..................................... do
13...... An Act respecting the extension of the Intercolonial Railway from
a point at or near Stellarton to the Town of Pictou................ do
14...... An Act to authorize the construction of a Railway from the Straits
of Canso to Louisburg or Sydney, as a Public Work.............. do
15...... An Act respecting the Railway from Esquimalt to Nanaimo, in Brit-
ish Columbia...................................................... ........ ....... do
16...... An Act respecting the Carleton, City of Saint John, Branch
Railroad ............................................. * - e º sº a s e º sº sº e s e º a sº e s s a s tº e º e s a e º e do
17...... An Act respecting certain Subsidies for a Railway from Metapediac,
on the Intercolonial Railway, to Paspebiac........................... do
18...... An Act to amend the Act to provide for the granting of a Subsidy to
the Chignecto Marine Transport Railway Company (limited). do
19...... An Act respecting the improvement of the Harbor of Quebec........... do
2314
Acts and parts of Acts not consolidated.
17
SCHEDULE B–Concluded.

Chap. Title of Act. Portion of Act.
ACTS OF THE PARLIAMENT OF CANADA— Concluded.
49 Victoria—1886—Concluded.
20...... An Act respecting the transfer of the Lighthouse at Cape Race, New-
foundland, and its appurtenances, to the Dominion of Canada...|The whole.
29...... An Act to make further provision respecting grants of Land to Mem-
bers of the Militia. Force on active service in the North-West... do
30...... An Act respecting Tolls over the Dunnville Dam and Bridge con-
necting works constructed over the Grand River................... do
31...... An Act respecting the Union Suspension Bridge............................ do
32...... An Act respecting the Burlington Bay Canal................................. do tº
33...... An Act for the relief of the Corporation of the Town of Cobourg...... do
38...... An Act respecting the Bounty on Pig Iron manufactured in Canada
from Canadian Ore............................................................. do
OTTAWA : Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.
2315
S C H E D U L E C.
CTS AND PARTS OF ACTS repealed so far as they constitute indictable
offences from and after a day when the proper Legislature makes pro-
vision for the punishment of the offence, by fine or imprisonment, or
by both, under “The British North America Act, 1867.”
Chap. Title of Act. Portion of Act.
CoNSoLIDATED STATUTES OF CANADA.
73...... An Act respecting Private Lunatic Asylums.................................. Sections 17 and 26 ; sec-
tion 30 from the word
“and ” in line 3 to the
end of the section ; sec-
tion 43 from the word
“and” in line 14 to
the end of the section ;
section 46 from the
word “and” in line 14
to the end of the sec-
tion ; section 48; the
last six lines of section
49; section 50 from the
Word “and '' in line
13 to the end of the sec-
tion ; section 52 from
the Word ‘‘ and '' in
line 8 to the end of the
section; section 54 from
the Word “and” in line
11 to the end of the sec-
tion ; section 56 ; sub-
section 4 of section 60
from the word “and ’’
in line 6 to the end of
the sub-section ; section
64 from the Word “and”
where it occurs second-
ly in line 3 to the end
of the section, and sec-
tion 66.
77...... An Act respecting Land Surveyors and the Survey of Lands........... Sec. 31.
82...... An Act respecting the calling and orderly holding of Public Meetings|Sec. 14.
85......" 'An Act respecting certain Roads and Bridges................................. Section 3 from the be-
ginning to the word
‘‘ had '' in line 6.
CoNSOLIDATED STATUTES FOR UPPER CANADA.
19......|An Act respecting the Division Courts........................................... Sec. 48.
125...... An Act respecting Inquests by Coroners........................................ Sec. 9.
CoNSOLIDATED STATUTES FOR LowLR CANADA.
73...... An Act respecting the Notarial Profession..................................... Sec. 34.
109...... An Act respecting Houses of Correction, Court Houses and Gaols.....|The last paragraph of
Sec. 17.
2317
Parts of Acts conditionally repealed.
SCHEDULE C–Concluded.

Chap. Title of Act. Portion of Act.
STATUTES OF THE LATE PROVINCE OF CANADA.
28 Victoria (1865, 1st Session.)
8...... An Act to define the right of property in Swarms of Bees, and to
exempt them from seizure in certain cases.............................. Sec. 5.
29 Victoria (1865, 2nd Session.)
25...... An Act for quicting Titles to Real Estate in Upper Canada.............. Sec.S. 48 and 50.
STATUTES OF Nov A Scot1A SUBSEQUENT TO THE REVISED STATUTES
(3RD SERIES).
28 Victoria—1865.
1...... An Act to amend certain chapters of the Revised Statutes, Third
Series, and to revive certain Acts......................................... Sec. 15.
REVISED STATUTES OF NEW BRUNSWICK–WoL. I.
132...... Of Coroner's Inquests.................................................................. [Sec. 2.
LoCAL AND PRIVATE STATUTES OF NEW BRUNSWICK–VoI. 3.
7 Victoria. -
22...... An Act in addition to an Act intituled “An Act to prevent Nuis-
ances within the City of Saint John ”................................... Sec. 3.
REVISED STATUTEs, BRITISH Columb|A.
Laws of British Columbia since the Union of the two formerly
separate Colonies of Vancouver Island and British Columbia.
76...... An Ordinance to assimilate and amend the laws relating to Licenses
and direct Taxes on Persons............................................... Sec. 7.
77...... An Ordinance to assimilate the Law exempting the Homestead and
other Property from forced seizure and sale in certain cases in
all parts of the Colony of British Columbia.......... .................. Sec. 4.
88...... An Ordinance respecting Practitioners in Medicine and Surgery...... Sec. 10.
89...... An Ordinance to regulate the Solemnization of Marriages............... Sec. 13.
90...... An Ordinance to amend the Laws relating to Gold Mining............. Sec. 152.
131...... An Ordinance to facilitate the issue of Crown Grants.................... Sec. 10.
143...... An Ordinance to assimilate the Law relating to the Transfer of
Real Estate, and to provide for the Registration of Title to land
throughout the Colony of British Columbia............................ Sec. 80.
157...... An Act to regulate Elections of Members of the Legislature of this
010ny ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Secs. 67, 68, 69, 74, 96 and
97.
158...... An Act to prevent Bribery, Treating and Undue Influence at Elec-
tº a e º 'º - © tº t e º e º e º 'º e º e s e e s a e e e s tº e s - e º e º ºs &
tions of Members of the Legislature
Secs. 1, 2, 4 and 9.
OTTAWA : Printed by BRowN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty.
2318
APPENDIX INO. 1.
T A B L E
OF ACTS PASSED PRIOR TO CONFEDERATION BY THE DIFFERENT PROVINCES NOW
COMPRISED IN THE DOMINION OF CANADA, AND OF ACTS OF THE DOMINION
OF CANADA, SHEWING. HOW MUCH OF EACH IS IN FORCE, AND HOW EACH HAS
BEEN DEALT WITH.
Acts of the Province of Canada 1859–1867.
( & ( { Nova Scotia, 1864–1867.
( { & New Brunswick, 1854–1867.
( { {{ British Columbia, 1871.
( : ( { Prince Edward Island, 1773–1873.
f :
Dominion of Canada, 1867—1886.
PROVINCE OF CANADA.
Consolidated Statutes of Canada.-1859.
{ { ( { Upper Canada.-1859.
{ { ( : Lower Canada.-1860.
23 Wict.—1860. 27–28 Wict.—1864.
24 Wict.—1861. 28 Wict.—1865.
25 Wict.—1862. 29 Wict.—1865.
26 Wict.—1863. 29-30 Vict.—1866.
27 Wict.—1863.
CONSOLIDATED STATUTES, CANADA, 1859.
Subject Matter. - Remarks.
**=ă
1|Legislative Council................................ Recommended for repeal.
2|Representation in the Legislative Assem- -
bly.................. ......... ..................... Ss. 1, 5, 6, 7 and sub-s. 1 of s. 10, consolidated. Remain-
der recommended for repeal.
3
Legislature, special provisions relating to
both Houses.................................... Sub-s. 4 of S. 4 repealed by 23 W., c. 3, s. 1(Canada). Re-
mainder recommended for repeal.
Legislative Assembly, office of Speaker...|Provincial.
Provincial Statutes, form, &c................. Sub-S. 13 of s. 6 from the word “made '' in line 8 to the
end of the sub-section recommended for repeal; ss.
7 to 13 provincial. Remainder in Schedule B.
Elections of members of the Legislature...|Sub-ss. 1 and 2 of s 4 repealed as to Upper Canada by 29-
* 30 W., c. 51, s. 81 §. sub-s. 3 of s. 4 repealed
by 29–30 W., c. 13, s. 12 (Canada); and sub-ss. 4 and
5 of S. 42 repealed by s. 10 of the last named Act ; ss.
82 and 83 repealed by 23 W., c. 17, s. 1 (Canada.)
The whole repealed by 37 V., c. 9, s. 133, (D) except
only such provisions thereof as relate to the quali-
fication of electors and the formation of voters'
lists. Recommended for repeal.
7|Controverted elections,.......................... Repealed as to House of Commons elections by 36° W.,
c. 28, s. 56 (D.)
t
6
2319
2 History and disposal of Acts.
CONSOLIDATED STATUTES, CANADA.—Continued.
§, e
5 Subject Matter. Remarks.
C
8|Aliens .................... ............................. Repealed, except S. 9, y 31 W., c. 66, s. 14 (D.); s. 9
superseded by 44 W., c. 13, S. 4 (D.) and recom-
mended for repeal.
9|Indians, civilization and enfranchisement
of .................................................. S. 3 repealed by 23 W., c. 38, s. 1 (Canada); remainder
repealed by 32-33 W., c. 6, s. 23 (D.)
10|Governor, civil list, and salaries of cer-
tain officers .................................... Ss. 1-4 superseded by 31 W., c. 33 (D.); s. 5 superseded
by British North America Act, 1867, s. 106. S. 6
provincial ; remainder recommended for repeal.
11|Civil service......................................... Provincial.
12|Public officers....................................... Superseded, except s. 7, by 31 W., co. 36 and 37 (D.) Re-
commended for repeal. -
13|Inquiries on public matters, official notices Recommended for repeal.
14|Public moneys, debts and accounts......... { { ( :
15|Currency ........................ ..................... Repealed by 31 W., c. 45, s. 5 (D.)
16|Revenue, collection and management of,
&c........................ .......................... Sub-s. 2 of S. 40 consolidated. Remainder recommend-
ed for repeal.
17|Customs, duties and collection............... Repealed by 31 W., c. 6, s. 138 (D.)
18|Customs, reciprocity with United States...|Effete ; recommended for repeal.
19| Excise duties......................................... Repealed by 27–28 W., c. 3, s. 1 (Canada.)
20|Tavern keepers, duty on........................ Provincial.
21|Bank notes, duty on.............................. Effete; recommended for repeal.
22|Public lands, sale, &c........................... Repealed by 23 W., c. 2, s. 39 (Canada.) -
23|Public lands, timber on.......................... S. 9 from the word “seized '' in line 4 to the end of the
section, Sub-S. 1 of s.10, and s. 13, recommended for
- - repeal. Remainder in Schedule B. ſ
24|Ordnance and Admiralty lands transfer-
red to the province.......................... Consolidated, except s 2 from the word “but" in
the 14th line thereof to the end of the section, and
* S. 3 from the word “and” in the 3rd line thereof
to the end of the section, which are recommended
for repeal. -
25|Clergy reserves .................................... Provincial.
26|School lands and fund for education ...... { {
27|Geological Survey ................................. S. 3 provincial. Remainder repealed by 40 W., c. 9, s.
12 (D.
28|Public Works......................................... Sub-s. 2 º S. 46 and s. 59 repealed by 24 V., c. 4, s, 2
e - (Canada). . The whole recommended for repeal.
29|Riots near public Works. ........................ Recommended for repeal.
30|Sale of liquors near public Works ............ Repealed by 32-33 W., c. 36 (D.)
31|Post office............................................. S. 18 repealed by 27-28 V., c. 2, s. 10 (Canada). The
whole repealed by 31 W., c. 10, s. 2 (D.)
32|Agriculture and agricultural societies .....|Recommended for repeal.
33 Census and statistics.............................. Ss. 1-24 repealed by 33 W., c. 21, s. 30 (D.) ; S. 37 recom-
mended for repeal so far as it constitutes a misde-
meanor. . Remainder of Act provincial.
34|Patents for inventions ........................... Repealed so far as inconsistent by 32-33 W., c. 11, s. 52
(D.), and 35 V., c. 26, S. 52 (D.) Recommended for
- - - a tº repeal.
35|Militia................................................... S. 22 repealed by 25 V., c. 1, s. 2 (Canada); s. 32 re-
pealed by 25 V., c. 1, S. 4; S. 40 repealéd by 25 V.,
C. li. S. 63 S. 43 repealed by 25 V., c. 1, s. 7; remain-
e ‘º º der by 27 W., c. 2, s. 110 (Canada).
36|Lands for military defence ..................... S. 21 repealed by 29 W., c. 7, s. 8 (Canada); remainder
- recommended for repeal. -
37|Lands for naval defence ........................ Recommended for repeal.
38|Public health......................................... Repealed by 31 W., c. 63, s. 15 (D.)
39|Inoculation and Vaccination................... Provincial.
40|Emigrants and quarantine ..................... Sub-S. 1 of s. 20 repealed by 25 V., c. 8, s. 1 (Canada);
ss. 22, 23, 24 repealed by 31 V., c. 63, s. 15 (D.j :
&- - - remainder repealed by 32-33, V., c. 10, s. 32 (D.)
41|Registration of inland vessels................. Repealed by 36 W., c. 128, s. 3 (D.)
42|Encouragement of shipbuilding.............. ( & ( &
43|Desertion of seamen................. ............ Repealed by 36 W., c. 129, s. 5 (D.
44||Navigation of Canadian waters.............. Repealed by 27–28 W., c. 13, S. i &mdo
45|Inspection of steamboats........................ |Repealed by 31 W., c. 65, s. 50 (D.)


2320
History and disposal of Acts.
CONSOLIDATED STATUTES, CANADA—Continued.
-#
46
47
48
49
50
51
52
53
54
55
57
60
61
6
2
63
64
65
67
68
69.
70
71
72
7
3
74
75
76
Subject Matter.
Remarks.
Culling and measurement of lumber........
Flour and meal inspection
Beef and pork inspection
Ashes inspection....................................
Fish and oil inspection
Sole leather inspection
• * * * * * * * * * * * * * * * * tº e s a tº e e
tº tº e º 'º - - - - - - tº e º e º tº 4 ſº e º e º e º 'º &
* * * * * * * * * * * * * * * c s ſº e º e º e º e º º º
Hops inspection.....................................
Weights and measures
Incorporated banks
e e º e º 'º e º & © e º 'º e e º 'º ſº tº t e º ºs e º 'º º
Freedom of banking
Savings banks.......................................
Promissory notes and bills of exchange...
Interest and usury
Protection of persons dealing with agents
Limited partnerships
Pawnbrokers
a º e s e s a e e - e a tº e º e º e º e & e e s e º e e s -
* * * * * * * * * is e º 'º e º e º 'º e < * * * * * * * * * * e º s tº 6 º' g º e e -
Fisheries and fishing..............................
Manufacturing companies.......................
Mining companies......... ........................
Gas and water companies
Railways
* * * * * * * * * * * * * * * * * * * > - © tº
* * * * * * * * tº e º a g º e s tº e º 'º e º e º 'º - © º & v e º e º ºs e º tº e º e & e º e º &
e e º e º e º e º e º e º e º e º º
Companies for transmission of timber
down streams....................... ë e º s e e º e º &
Insurance companies dividends...............
Seizure of stock of incorporated companies
under execution........ ‘.....................
Charitable and provident associations.....
Library associations and mechanics' insti-
tutes
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e s e e s e s e e º e s - a
Ss. 5, 6, 11, 12, 13, 14, 17, 18, 19, 20, 24, 30, 31, 32, 33,
35, 40 repealed by 38 V., c. 34, s. 1; the tariff of
fees in s. 29 recommended for repeal; s. 43 recom-
mended for repeal from the word “or’’ where it
last occurs in the fourth line thereof to the word
“thing '' in the fourteenth line thereof. Remainder
consolidated.
Repealed by 36 V., c. 49, s. 20 (D.)
{ { (
( &
( {
{ {
( {
S. 2 repealed by 21 W., c. 22, s. 1 (Canada); remainder
by 36 V., c. 49, s. 20 (D.)
Schedulº B.
Repealed by 36 W., c. 47, s. 52 (D.)
S. ll repealed by 24 V., c. 23, s. 3 (Canada). Remain-
der superseded by 34 W., c. 5 (D.), and recommend-
ed for repeal.
Repealed by 43 W., c. 22, s. 9 (D.)
Repealed by 34 W., c. 7, s. 1 (D.)
SS. 1, 2 and 3 consolidated; ss. 4 and 5 recommended
for repeal. Remainder provincial. ~ :::::. ------
Ss. 4, 5 and 7 superseded by 31 W., c. 11, ss. 17-19 (D.)
and recommended for repeal; ss. 3, 6, 8 and 9
consolidated; remainder recommended for repeal.
Provincial, except Ss. 15, 16, 17 and 19, which are recom-
mended for repeal; s. 21 in Schedule B.
Provincial, except ss. 17, 19, 20, 21 and 22 in Schedule B.
Provincial, except ss. 6, 10, 11, 12, 13, 24, 25, 26
and 27, which are consolidated, and s. 56 which is
repealed by 39 V., c. 18, S. 99 (D.), and s. 14 which
is recommended for repeal.
SS. 1 to 51 repealed by 29 W., c. 11, s. 1 (Canada); re-
mainder repealed by 31 W., c. 60, s. 20 (D.)
Repealed by 32-33 W., c. 13, s. 56 (D.)
Recommended for repeal.
Provincial.
Schedule B.
Ss. 1-7 and 10-13 repealed by 32-33 W., c. 13, s. 56 (D.),
and S. 16 by 44.V., c. 26, s. 7 (D.); ss. 8, 9, 14, 15, 17,
18, 19 consolidated ; SS. 21, 22 and 23 recommended
for repeal; s. 20 provincial. -
S. 50 repealed by 39 V., c. 18, s. 99 (D.); s. 59 repealed
by 43 W., c. 9, S. 1 (D.); s. 67 consolidated. Re-
mainder put in Schedule B.
Schedule B.
Provincial.
S. 8 consolidated. Remainder recommended for repeal.
Provincial.
Provincial, except ss., 17 and 26, s. 30 from the word
“and” in line 3 to the end of the section, s. 43 from
the word “and” in line 14 to the end of the section,
S. 46 from the word “and” in line 14 to the end of the
Section, S.48, the last-6 lines of section 49, s. 50 from
the word “and” in line 13 to the end of thºsection, s.
52 from the word “and” in line 8 to the end of the
Section, S. 54 from the word “and” in line ll to the
end of the section, s. 56, sub-s 4 of s. 60 from the
word, “and” in line 6 to the end of the sub-section,
S. 64 from the word “and” where it secondly occurs
in line 3 to the end of the section, all which are
recommended for repeal; and s. 66 in Schedule C.
Provincial. d
( {
{ {
2321
4 History and disposal of Acts.
CONSOLIDATED STATUTES, CANADA—Continued.
3. *
.# Subject Matter. Remarks.
C
77|Surveyors and survey of land.................. Provincial, except s. 104, which is recommended for
repeal; s. 107 which is consolidated ; and S. 31
which is put in Schedule C.
78|Accidents, duels, &c.............................. Frovincial.
79|Affidavits, witnesses, &g........................ Provincial, except ss. 4 to 13 in Schedule B.
80|Foreign judgments................................. Provincial, except s. 7, which is consolidated from the
beginning to the word “established ” in line 7;
remainder of s. 7 is superseded by 32-33 W., c. 19,
ss. 44-47 (D.) and recommended for repeal.
81|Copyright............................................. Repealed by 31 W., c. 54, s. 19 (D.)
82|Public meetings, calling, &c., of............ Ss. 15, 16, 17, 18, 19, 20 and 21 consolidated ; s. 14 in
Schedule C. Remainder provincial.
83|Consolidated municipal loan fund........... Provincial.
84 Registration of debentures..................... ( &
85|Roads and bridges in cities and towns.....|Provincial, except s. 3 from the beginning to the word
“ had '' in line 6. Schedule C.
86|Exemption from toll.............................. Provincial.
87|Firemen, exemptions...... ........................ Provincial, except so much of ss. 1 and 4 as relates to
exemption from militia duty, which is recommended
for repeal.
88|Investigation of accidents by fire............ Provincial.
89|Extradition (Ashburton Treaty).............. Ss. 1, 2 and 3 repealed by 24 V., c. 6, s. 1 (Canada).
The remainder is repealed by 31 W., c. 94, s. 7 (D.)
90|Offences against the State........................ Repealed by 32–33 W., c. 36 (D.
91|Offences against the person..................... { { t &
92|Offences against the person and property. { { { {
93|Arson and malicious injuries to property. { { ( {
94|Forgery....................................... ......... { { { {
95|Lotteries............................................... Consolidated, except ss. 5 and 8, which are recom-
mended for repeal.
96||Cruelty to animals................................. Repealed by 32-33 W., c. 36 (D.)
97|Principals in the second degree and acces-
sories ............................................. Repealed by 27–28 W., c. 19, s. 1 (Canada).
98|Sale of poisons...................................... Provincial.
99|Procedure in criminal cases.................... S. 43 repealed by 27–28 W., c. 19, s. 1 (Canada); SS. 91
- and 92 repealed by 24 V., c. 9, s. 1 (Canada); S. 97
recommended for repeal; ss. 120 and 121 consoli-
dated; s. 87 pºincial remainder repealed by 32-
33 W., c. 36 (D.
100|Qualification of justices of the peace........ Provincial, except s. 14, which is recommended for
repeal.
101|Appointment of justices in remote parts...|Recommended for repeal.
102|Justices, duties out of sessions (indictable
offences)......................................... S. 59 provincial ; s. 54 repealed by 24 V., c. 15, S. 1 ;
remainder repealed by 32-33 W., c. 36 (D)
103|Justices, duties out of Sessions (summary
convictions).................................... Ss. 74-81 and 85 are provincial ; remainder repealed by
32-33 W., c. 36 (D.)
104|Special constables................................. Provincial, except s. 13, which is recommended for
repeal.
105|Summary administration of justice in I
minor offences................................. Repealed by 32–33 W., c. 36 (D.), except ss. 30-33, which
are repealed by 32-33 W., c. 32, s. 34 (D.)
106|Juvenile offenders.................................. Repealed by 32-33 W., c. 36 (D.), except ss. 6-8, which
are repealed by 32-33 W., c. 33, s. 29 (D.)
107|Prisons for juvenile offenders.................. Repealed as to Province of Ontario, except in so far as
- it affects matters within exclusive jurisdiction of
& Legislatures of Ontario and Quebec, by 43 W., c. 39,
**** s. 15 (D.); ss. 5-12 repealed, as to Quebec, by
32-33 W., c. 34, s. 1 (D.) The whole recommended
for repeal.
108|Lunatic asylums for convicts.................. S. 6 repealed by 24 V., c. 13, s. 1 (Canada); remainder
repealed by 31 W., c. 75, s. 63 (D.)
109|Restraint of dangerous lunatics............... Ss. 1-6 are superseded by 32-33 W., c. 29, ss. 99-104 (D.)
and recommended for repeal; remainder provincial.
110|Inspection of asylums, &c....................... S. 4, sub-ss. I and 3 of s. 11, and s. 25 repealed by 24 V.,
c 11, ss. 1, 3, 4 and 5 respectively (Canada); re-
mainder repealed by 31 V., c. 75, s. 1 (D.)
2322
History and disposal of Acts. 5
CONSOLIDATED STATUTES, CANADA.—Concluded.
fi º
# Subject Matter. Remarks.
c
111|Provincial penitentiary..................... ..... Sub-s. 1 of s. 46 and ss. 73 and 74 repealed by 24 V., c.
12, s. 1 (Canada); remainder repealed by 31 W., c.

75, s. 1 (D.)
:2
.
11
13
H4
15
.
CONSOLIDATED STATUTES, UPPER CANADA, 1859.
The Consolidated Statutes for Upper Can-
* & e s tº e º e º tº tº e º $ tº g º is e º ſº tº e º e º E & º º ºs º ºs e º 'º e e g º e e g º e s a tº
tº º s º º ºs e º 'º e s s e tº e º is tº gº tº gº tº $ tº º e tº e g g g g º ºr g º is g ºf
Territorial divisions of Upper Canada
Government debentures
Registration of Crown debts
Militia pensions
Sale and purchase of claims due to Gov-
ernment......... .................................
Maintenance of lighthouses............... ....
Laws as to property and civil rights
Superior courts of law
Courts of assize and nisi prius.................
Court of chancery...................................
Court of error and appeal
Court of impeachment...........................
County Courts.......................................
Surrogate Courts....................................
Courts of general sessions of the peace.....
Insolvent debtors court........ : º e g º e º e º e s e º a tº e º º
Division courts............................. .........
Fee fund from local courts, &c...............
Proceedings in exchequer and revenue
Schedule B.
Schedule B, except the last six lines of s. 15, which are
recommended for repeal.
Provincial.
Repealed by 29-30 W., c. 43 (Canada)
Superseded by 46 W., c. 11, s. 68 (D.) and recommended
for repeal.
Provincial. º
Superseded by 31 W., c. 59, s. 7 (D.) Recommended fo
repeal. -
Provincial.
Šs. 11, 12 and 13 superseded by British North America
Act, 1867; s. 14 superseded by 36 V., c. 31) D.); and
s 17 superseded by 36 V., c. 31 ( D.), are recom-
mended for repeal ; ss. 16, 18 and 20 repealed by
29–30 V , c. 40, ss 1, 2 and 6 respectively (Canada).
Remainder provincial.
S. 1 repealed by 29–30 W., c. 40, s. 3. (Canada). Remain-
der provincial.
S. 5 superseded by British North America Act, 1867, and
ss. 6 and 7 superseded by 36 W., c. 31, ss. 2 and 3 (D.)
are recommended for repeal. Remainder provin-
cial. *
S. 29 repealed by 32-33 W., c. 29, s. 80 (D.) Remainder
provincial.
Ss. 2, 4 and 5 repealed by 29–30 W., c. 38, ss. 1, 2 and 3
respectively (Canada); remainder repealed by 45
V., c. 12, s. 9 (D.)
Ss. 10, 11, 12 superseded by 36 W., c. 31, s. 10 (D.), and,
with s. 3, recommended for repeal. Remainder pro-
vincial. *
S. 15 from the word “any ” in line 10 to the end of the
section recommended for repeal; s. 16 consolidated.
Remainder provincial.
S. 8 consolidated ; remainder provincial.
Schedule B.
S. 48 in Schedule C ; S. 172 in Schedule B; ss. 105, 181
and 184 recommended for repeal. Remainder pro-
vincial.
Provincial.
17
18
19
20
21
22
23
24
25
26
27
28
29
30
CaSeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Common law procedure..........................
Mandamus, &c.......................................
Imprisonment for debt...........................
Absconding debtors..............................
Relief of insolvent debtors.....................
Ejectment.............................................
Dower ..................................................
Replewin......... ......................................
Interpleading .......................................
Schedule B.
|Provincial.
( &
Provincial, excepts. 6, which is recommended for repeal.
Provincial.
Ss. 19 and 20 consolidated; s. 14 recommended for re-
peal; remainder in Schedule B.
Provincial.
{
{ {
( &
68%
2323
History and disposal of Acts.
CONSOLIDATED STATUTES, UPPER CANADA—Continued.
3tº-f
33
34
36
37
39
40
41
42
59
60
61
(32
63
64
65
66
67
68
69
71
72
73
75
Subject Matter. Remarks.
Jurors and juries.................................... S. 51 repealed by 26 W., c. 44, s. 5 (Canada); ss. 99 and
100 repealed by 32-33 W., c. 36 (D.); s. 101 super-
seded by 32-33 W., c. 29, s. 38 (D.) and recommended
for repeal ; s. 124 repealed by 29–30 W., c. 46, s. 3;
s. 129 superseded by 32-23 W., c. 29, s. 39 (D.) and
recommended for repeal; ss. 139 and 166 consoli-
dated. Remainder provincial.
Witnesses and evidence........................... Ss. 3 and 4 repealed by 32-33 W., c. 36 (D.); s. 8 recom-
mended for repeal; s. 18 consolidated. Remainder
provincial.
Law society.......................................... Provincial.
Barristers-at-law.................................... ( f
Attorneys-at-law................................... { {
Reporters in the superior courts.............. { {
Local Crown attorneys........................... { {
Sheriffs................................................. Repealed by 27–28 W., c. 28, s. 1 (Canada).
Commissioners to take affidavits and bail. |Provincial, except s. 2 from the word “and” in line 5
Medical practitioners..............................
Homoeopathy.........................................
Bills of exchange and promissory notes....
Interest................... • * * * * * * * * * * * * e º a tº e - e º 'º - e º e º e º q
Written promises....................................
Chattel mortgages
Ferries
• * * * * * * * * * * * * * * * * * * * * * * * * * * e º e s e e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a s a e e s is tº
• * * * * * * * * * * * * * * * * * * * * * * e º e e º s e º º
tº e º 'º e º 'º e º e º e º is a º e º 'º e e º e º e º ºs e e s e e º e s e
Joint stock companies for piers and
Wharves..........................................
Joint stock companies for exhibition
buildings.........................................
Mutual fire insurance companies..............
Building societies....... ...........................
Municipal institutions.............................
Assessment of property...........................
Travelling on highways..........................
Line fences and watercourses..................
Weights and measures
Public health
s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e s = e e s a e
…
Destruction of Wolves.............................
Game laws. ..........................................
University of Toronto, &c.......................
Grammar Schools...................................
Common schools....................................
Tiſhes..........
• * * * * * * * * * * * * g º e e e s e e º e e º e º e º e º e s e º e s a e e s e º a
Conveyances to trustees for burial places
Property of religious institutions. ..........
Building fund for lunatic asylums...........
Provincial lunatic asylums
Marriages .............................................
Separate rights of married women...........
Guardians to infants
Master and servant
* * * * * * * * * * * * * * * * * e s e e
thereof to the end of the section, which is recom-
mended for repeal.
Repealed by 29 W., c. 34, s. 35 (Canada).
Provincial. -
Ss. 1, 5, 6, 7, 8, 11, 12, 13, 15, 16, 19, 21 and 22 consoli-
dated ; ss. 2, 3, 4, 9, 10, 17, 18 and 20 recommended
for repeal; remainder provincial.
S. 4 consolidated ; remainder provincial.
Provincial.
Repealed by 33 W., c. 35, s. 11 (D.), as to ferries under
control of Parliament. ”
Schedule B.
( {
S. 29 repealed by 39 W., c. 18, s. 99 (D.); s. 103 recom-
mended for repeal; remainder provincial.
Schedule B.
Provincial.
Repealed by 36 W., c. 44, s. 73.
Ss. 20, 22, 38 and 42 repealed by 37 V., c. 50, (D ss. 11,
4, 6 and 10 respectively ; remainder in Schedule B.
Repealed by 29–30 W., c. 51, s. 428 (Canada), so far as
inconsistent there with. Recommended for repeal.
Repealed by 29-30 W., c. 53, s. 205 (Canada).
Provincial.
Repealed by 36 W., c. 47, s. 52 (D.)
S. 5 repealed by 31 W., c. 63, s. 15 (D.); remainder pro-
vincial.
Provincial.
{ {
( {
( {
Provincial, except s. 18, which is recommended for
repeal.
Provincial.
{ {
Provincial, except s. 29 from the word “shall ” to the
word “and” in line 12, recommended for repeal.
Provincial.
{ {
( {
( {
( {
( {
{ {
Ss. 4, 5, 7, 9, 10 and 11 repealed, so far as they consti-
• * * * * * * * * * * * * * * * * * * * * * * * * * e e e s > g.
tute criminal offences, by 40 W., c. 35, s. 1 (D.) Re-
mainder provincial.
2324
History and disposal of Acts.
CONSOLIDATED STATUTES, UPPER CANADA—Continued.
ºmmº-#
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94.
95
9
6
97
98
9
9
100
101
102
103
104
105
106
10'ſ
108
109
Subject Matter.
t
Apprentices and minors..........................
Actions of seduction..............................
Actions by and against executors and
limitation of certain actions..............
Accidents from machinery.......................
Heir and devisee commission..................
Trespasses to public and Indian lands.....
Descent of real property..........................
Assurances of estates tail.......................
Power ..................................................
Conveyances by married women..............
Partition and sale of real estate...............
Mortgages of real estate..........................
Limitation of actions respecting real pro-
perty
Registration of instruments relating to
land ...............................................
Transfer of real property........................
Short forms of conveyances....................
Short forms of leases
Survey of lands
tº e º e º ſº tº e º 'º º e º 'º º e º e º ºs e e s º e o e º º e s a e = e º º e o e º & e e º e e
• * * * * * * * * * * * * * * * * * * * * * > * e º º e s e
Criminal law of Upper Canada...............
Apprehension of fugitives escaping from
other colonies.................................
Apprehension of fugitives escaping from
foreign countries
Treason, &c..........................................
Protection of inhabitants of Upper Canada
from lawless aggression,
Illegal drilling, &c.................................
Inducing soldiers, &c., to desert..............
Forgery and perjury... ..........................
Punishment of persons illegally solemniz-
ing marriages -
6 s = e s tº 6 e º e º e º & 6 tº s e s s e º e º e º 'º e º 'º e º &
Slander and libel...................................
Profanation of the Lord's Day.................
Petty trespasses............................ ........
County attorneys. .................................
Proceedings to outlawry........................
Prosecutions in cases of misdemeanors.....
To facilitate despatch of business before
grand juries
II.0
111
112
113
114
115
II6
Remarks.
* * * * * * * * * * * * * * * * * * * * s e º 'º e º e e s e º e e e s e
To allow persons indicted a copy of the
indictment.......................................
Reservation of points at the triai'............
Appeals in criminal cases.......................
Appeals in cases of summary convictions.
Commuting sentence of death
Corruption of blood
tº e º e º e º e º & tº e º º e º e
e tº e º e i e º e º - 6 - 8 e º º is e º e º & 4 e º e º e º e g
Provincial.
{ {
Provincial, except s. 7, which is put in Schedule B.
Schedule B.
Provincial.
Repealed, so far as it relates to Indians or Indian lands,
by 39 W., c. 18, s. 99 (D.) Remainder provincial.
Pro win cial.
{
{ {
{ {
{ *
( {
{ {
Repealed by 29 W., c. 24, s 2 (Canada).
Provincial.
{ {
{ {
S. 4 consolidated ; s. 52 superseded by 32-33 W., c. 23
(D) and recommended for repeal. Remainder pro-
vincial.
Consolidated.
Recommended for repeal.
Repealed by 23 W., c. 41, s. 1 (Canada)
Repealed by 32-33 W., c. 36 (D. )
S. 3 repealed by 29-30 W., c. 4, s. 1 (Canada.) The
whole superseded by 31 W., c. 14 (D.) and recom—
mended for repeal.
Repealed by 32-33 W., c. 36 (D ), except s. 3, which is
effete and recommended for repeal.
Repealed by 32–33 W., c 36 D.)
Repealed, excepts. 2, by 32-33 W., c. 36 (D.); S. 2 recom-
mended for repeal.
Consolidated, except s. 1 from “just” in line 9 to the
end of the section, s. 3 from “accordingly ’’ in line
6 to the end of the section, and s. 4 from ‘‘ commit-
ted '' in line 3 to the end of the section, which are
recommended for repeal.
Superseded by 37 V., c. 38, s. 14 (D.) and recommended
for repeal.
Schedule B.
Provincial.
{ {
Recommended for repeal.
S. 3 repealed by 32-33 W., c.
idated.
36 (D.); remainder consol-
Consolidated, except s. 6 from the word, “and” in
line 4 to the end of the section, which is recom-
mended for repeal.
Repealed by 32-33 W., c. 36 (D.)
{ { { {
Consolidated.
Repealed by 32–33 W., c. 36 (D.), except ss. 5, 16 and 17;
s. 5 repealed by 36 W., c. 3, s. 2 (D.); Ss. 16 and 17
consolidated.
Superseded by 32–33 W., c. 31, s. 66 (D.), and 33 W., c.
27, s. 1 (D.). Recommended for repeal.
Repealed by 32-33 W., c. 36 (D.)
{ {
684%
2325
History and disposal of Acts.
CONSOLIDATED STATUTES, UPPER CANADA—Concluded.
ll ºmºmºmºmºă
7
118
120.
12]
122
123
124
Subject Matter. Remarks.
Estreats ........... .................................... Conºiºd, except ss. 15 and 16, recommended for
repeal.
Appropriation of fines............................. Recommended for repeal.
Fees of counsel and officers..................... Provincial, excepts. 4, which is recommended for repeal.
Expenses of administration of justice........ Provincial.
Expenditure of county funds.................. { {
Support of destitute insane persons........; § {
Costs of distresses for small rents and
penalties......................................... { { * -
Returns of convictions and fines.............. Repealed by 32-33 W., c. 36 (D.), except s. 7, which is
recommended for repeal.
125|Inquests by coroners.............................. Provincial, except s. 9, which is put in Schedule C.
126|Protection of justices of the peace from
vexatious actions............................. Provincial.
127|Court houses, gaols, &c............ * * * * * * * * * * * * * * { {
128|Administration of justice in unorganized
tracts............................... ............... Ss. 100, 101, 104 and 105 consolidated ; s. 8 from the
word “and” in line 10 thereof to the end of the
section, s. 9 from the word “but ’’ in line 7 thereof
to the end of the section, ss. 17 and 29, and s. 103
from the word “and” where it first occurs in line 8
to the end of the section, recommended for repeal;
remainder provincial.
CONSOLIDATED STATUTES, LOWER CANADA, 1860.
1|Consolidated Statutes for Lower Canada|Schedule B.
2|Codification of the laws of Lower Canada|Provincial.
3|Commencement of certain Acts, &c., pub-
4
:
:
10
11
12
I3
14
*
1
5
lication of Acts and proclamations,
and preservation of ancient records...
Marriage license fund ; exemption of
Crown property from taxation
Duty on sales by auction
Duty on tavern keepers, and sale of
liquors
is e º e º ſº tº * *
e s e a e º e º a s e e º e e e s a se e º e s ∈ s e º & e º s m e º is e º e º a tº a s
Duty on hawkers and pedlars
Duty on billiard tables. .........................
Certain ferries over the river St. Lawrence
e s e e g º º te tº e s : a e º 'º º
Unlawful associations and oaths..............
Newspapers and like publications...........
Desertion of soldiers
Arms and munitions of War....................
Indians and Indian lands........................
* * * * * * * * * * * * * * * * * * * * * * * e º e º sº a e
Provincial aid for superior education,--
Normal and common schools
Fabrique schools
Royal institution and McGill College.......
Parishes, churches, &c., erection of,
Fabrique meetings...........................
S. 1 in Schedule B ; remainder provincial.
Provincial.
{ {
S. 30 repealed by, 27-28 W., c. 18, s. 40 (Canada); re-
mainder provincial.
Provincial.
{ {
Superseded by 33 W , c. 35, s. 11 (D.) Recommended
for repeal.
Schedule B.
Provincial, except S. 8, which is recommended for repeal.
Repealed by 32-33 W., c. 36 (D.)
{ {
Repealed, so far as inconsistent with or makes provis-
ion in matters provided for by 39 V., c. 18, s. 99 (D.)
Schedule B.
16
17
18
19
20
21
22
23
24
25
e is tº e º is ſº º ſº e º sº e º ſº tº sº I e ſº tº e < * * * * * * * * * * * *
Religious congregations, lands held by...
Registers of marriages, baptisms and
burials,...................... .....................
Interments and disinterments.................
Public worship, good order in or near
places of.........................................
Sunday, sales on, prohibited..................
Municipalities and roads generally...........
Munſºlities taking stock in railways,
C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provincial.
( (
{ {
{ {
{ {
Provincial, except the proviso of s. 13, and s. 14, which
are recommended for repeal.
Provincial.
( (
Schedule B.
Recommended for repeal.
Provincial.
2326
History and disposal of Acts.
CONSOLIDATED STATUTES, LOWER CANADA—Continued.
-
•
J
29
31
32
33
34
3
5
3
7
38
40
41
42
43
44
45
46
47
48
49
50
Subject Matter.
Remarks.
Agriculture, prevention of abuses preju-
dicial to..........................................
Masters and servants in the country parts
Grass on certain beaches in the district of
Quebec ...........................................
Game and hunting.................................
Furious driving on certain highways ......
wing: roads, vehicles used on (sleighs,
c.)…...........................................
Wolves, to encourage the destruction of...
Gunpowder, storing of in Quebec and
Montreal. ............ .....................
Diverse personal rights, viz : majority—
wills—-marriages—criminal connec-
tion—guardians of foundlings—Jews
—Quakers—inhabitants of Indian re-
SGTVeS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Juands in free and common soccage, laws
governing t
Confirmation of titles, and discharge of
incumbrances by Sheriff's sale, licita-
tion, &c,.........................................
Registration of titles—law of hypothecs—
dower and property of married women
—conveyance of soccage lands
• * * * * * e º 'º - e g º e º e e s tº e º º tº e s a e ºs e e < * * * * * * *
Gaspé, titles to lands in
Letters patent for lands..........................
Lessors and lessees................................ º
Seigniorial or feudal tenure, general abo- ,”
lition of &c................................... w
Seminary of St. Sulpice.......................y.
Seigniorial tenure commutation in Crown
seigniories ............................... *.....
Partition of township lands held in 'com
In Oll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ».........
Illegal detention of soccage lands.’..........
Fraudulent seizures of township/lands.....
Fraudulent conveyance of or damage to
lands charged with hypothecs............
Licitations – voluntary—compulsor
Sale of lands under executián by hypothe-
5
l
52
53
54
55
56
57
58
59
60
61
62
63
Cary creditors, when the owner is un-
known, &c.............2%:...............…:
Ground rents, constituted rents, and life
rents................ × . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Water courses, respecting the right of
improving.…..................................
Æde, law repealéd.................................
Retrait lignage) abolished......................
Naturalizationſ certain titles secured by..
Shipping of Seámen................................
Desertion of §eamen..............................
Seamen's Wages, recovery of.......... * * * * * * * *
Voyageurs/engagement of, &c...............
Sick maſhers, provision for medical treat-
meñt of..........................................
Dischgºrge of cargoes of certain vessels.. .
Inspection of butter..............................
Weights and measures, generally .........
oils, hay, straw, measurement or weight
ºf.............. .......... ...... ... ......... .........
Provinclal.
SS. 2, 3, 5 and 7 repealed so far as they constitute crimi-
mal offences, by 40 W., c. 35, s. 1 (D.) Remainder
provincial.
Provincial.
{ {
{ {
( {
{ {
{ {
Provincial, except s. 112, which is recommended for
repeal; and 'ss. 113 and 114, which are consoli-
dated. , …"
Provincial.
ºf
2 : {
A
{ {
( {
( (
{ {
{ {
Consolidated.
P. ovincial.
( {
{ {
{ {
{ {
{ {
{ {
{ {
Repealed by 36 W., c. 129, s. 5 (D.)
( {
{ {
except s. 4, which is recommended for
{ {
Provincial,
repeal
Repealed by 31 W., c. 64, S. 15 (D.)
Consolidated.
Superseded by 36 W., c. 49 (D.) and recommended for
repeal. -
Repealed by 36 W., c. 47, s. 52 (D.)
Repealed by 36 W., c. 47, s. 52 (D.), except ss. 8 and 9,
which are consolidated. -




2327
10 History and disposal of Acts.
CONSOLIDATED STATUTES, LOWER CANADA—Continued.
Subject Matter. - Remarks.
Bills of exchange and promissory notes...|Ss. 5, 21, 22 and 23 and Schedules consolidated ; re-
mainder repealed by 29 W., c. 41, Schedule, Resolur
tion 217 (Canada.) f -
| 65|Partnerships for trading purposes........... |Provincial.
G6 Uncºmed goods in hands of wharfingers, { {
C. . . . . . . . . . . . . . . .-------- . . . . . . . . . . . . . . . . . . . . . . .
67|Limitation of actions in commercial cases
and statute of frauds........................ { {
68|Mutual insurance companies................... S. 17 from the word “and” in line 12 thereof to the end
- of the section recommended for repeal; remainder
provincial.
69|Building societies......... . ....................... Sub-s. 1 of s. 1 repealed by 40 W., c. 50, s. 23 (D.); re- {
mainder Schedule B. -
70|Roads and other works, joint stock com-
panies for........................... . ... . ...|Recommended for repeal.
71|Medical profession and sale of drugs........ Provincial.
72|Bar of Lower Canada, advocates and
attorneys... ....................................|Repealed by 29-30 W., c. 27, S. 40 (Canada.)
73|Notarial profession................................. Provincial, except s. 34, Schedule C.
74|Certain notarial Acts confirmed... .........|Provincial.
75|Counties, &c., division of Lower Canada
into......................................... ......|S. 1 consolidated, except sub-SS. 11 and 31, which are
. - recommended for repeal. Remainder provincial.
Districts, division of Lower Canada into. Provincial. -
76
77|Court of Queen's Bench, appeals, error—
Crown side..................................... Ss. 56 to 62 consolidated; s. 63 repealed by 32-33 W., c.
- 36 (D.); s. 64 recommended for repeal. Remainder
provincial.
78|Superior Court, constitution and jurisdic- c - -
tion ......... ........................................ Provincial, except ss. 7 and 10 which are recommended
\, for repeal.
79|Circuit Court, constitution and jurisdic- N
tion... ......... .................................... Provincial.
80|Superior and Circuit Courts in Gaspé...... Provincial, except s. 6, which is consolidated:
81|Independence of judges, recusation, &c...|Ss. 1 and 2 recommended for repeal ; remainder pro-
i vinciaſ,
82|Certain matters relating to the adminis- \
tration of justice generally, and cer- \ -
tain proceedings and actions ............ Provincial, º sub-s. 3 of s. 1, which is superseded by
34 W., c. 4, s. 3 (D.) and recommended for repeal.
83|Ordinary procedure in the Superior and \
Circuit courts.................................. Provincial. \
84|Jurors, selecting and summoning of, and - . . -
juries......….....................…... * * * * * * * Repealed by 27–28 W.; c. 41, s. 13 (Canada.)
85|S-izures and sales under execution, &c....|Provincial. \\
86|Actes of emancipation—meetings of rela- \,
tions and friends.............................. { { \
87|Arrest for debt, and relief of insolvent \,
debtors............................................ Provincial, except ss. 12 to 24, put in Schedule B.
88|Corporate rights, protection and enforce- S,
ment of............................................ Provincial. N
89|Writs of prohibition, Certiorari and Scire
Facias.................................... ......... { {
90 Foreign judgments and degrees, and proof
of official and other documents exe-
cuted out of Lower Canada............... { {
91|Foreign executors, administrators, cor-
porations, &c., right of action by or
against........... ................................. { {
92|0ffice of sheriff and coroner..................... Provincial, except s. 17, which is su º: by 31 W., c.
71, s 3 (D.) and recommended for repeal.
- \
93|Salaries of certain officers, fee funds, pub- \
lication of decisions.......................... Provincial.
94|Commissioners' courts for the summary w
d-cision of small causes.................... { {
95|Habeas C. rpus, in criminal and civil
J cases, bail, &c,..................... ........ Schedule B.


2328
History and disposal of Acts.
11
CONSOLIDATED STATUTES, LOWER CANADA—Concluded.
gº-ă
96
97
98
Subject Matter. Remarks.
Courts of Oyer and Terminer. ................ Ss. 2, 3 and 4 recommended for repeal; remainder
provincial.
Courts of quarter sessions, and special
sessions of the peace............. ...........
Appeals from summary convictions
Justices of the peace, registers to be kept
by
* * * * * * * * * g º e º 'º e º 'º e e g º ºs s a tº e o 'º e g º e e g º e o tº # = n & e º 'º e º e º º º
Provincial, except ss 14 and 16, which are recommended
for repeal.
Ss. 1 and 2 are repealed by 32-33 W., c. 36 (D.); remain-
der recommended for repeal.
Ss. 4, 5 and 6 superseded by 32-33 W., c. 31, ss. 76, et seq.
(D.) and recommended for repeal; remainder pro-
vincial.
, t.00
Justices of the peace, clerks and bailiffs
employed by.................................... Provincial.
101|Justices of the peace and other officers,
protection of • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * { {
102|Police in towns and villages, &c............. Ss. 7 and 8, the first five paragraphs of s. 11 and SS. 22
and 23 recommended for repeal ; remainder pro-
vincial.
103|Officers of militia as peace officers, in-
quests by them................................. Recommended for repeal.
104|Clerks of the peace, unclaimed goods in
“their hands. .................................... Provincial.
105|Felons from New Brunswick,-grand
juries, traverses in misdemeanor—
women convicted of high treason, *
appeals from large fines.................... Ss. 1, 3, 4, 5, repealed by 32-33 W., c. 36 (D.); s. 2 con-
- e solidated; s. 6 recommended for repeal.
106|Recognizances, proceedings on forfeited. Consolidated.
107|Crown witnesses, payment of........ - - - - - - - - - - Provincial.
108|Limitation of penal actions.....................|Schedule B.
109|Gaols and court houses and houses of cor- g
rection............................................ Last paragraph of s. 17 put in Schedule C ; and S. 3 re-
commended for repeal ; remainder provincial.
110|Court houses and gaols in new districts... Proº except s. 13, which is recommended for
repeal. {}
111|Returns, judicial matters.................. ..... Provincial, except sub-s. 6 of s. 1, and s. 6, which are
* recommended for repeal.
STATUTES OF THE PROVINCE OF CANADA.
23 WICT.-1860.
1|Representation in the Legislative Assembly Sub-SS. 1, 2 and 3 of s. 1, and s. 5, part, consolidated.
Remainder recommended for repeal.
2|Sale and management of the public lands S. 33 consolidated i remainder, Schedule B.
3|Speaker of legislative council.................. Effete ; recommended for repeal.
4|Sinking fund for redemption of Imperial
guaranteed loan.............................. ( { { {
5|Aid to Canadian line of steamers............ { { { {
6|Intoxicating liquors in unorganized tracts.|Provincial. s
7|Standard weight for hay, &c., (Q.).......... Repealed by Consolidated Statutes, Lower Canada,
Schedule A.
8|Constables........ .................................... Provincial.
9
and k ........ ................................................ Not public general,
10
11|Quaker marriages.................................. Provincial.
12
and k ......................................................... Not public general.
13
14|Several Acts continued........................... Effete; recommended for repeal.
15|Supplies................................................ “ * { {
16' Members indemnity................................ Provincial.
2329
History and disposal of Acts.
STATUTES OF THE PROVINCE OF CANADA—Continued.
.# Subject Matter. Remarks.
C
17|Corrupt practices at elections.................. Repealed, as º of Commons' elections, by 37 W.,
- c. 9, s. 133 (D. -
18||Duties of customs................................... Repealed by 31 W., c. 6, s. 138 (D.)
19|Trade with foreign countries................... { { { { -
20|Free ports of entry................................. Repealed by 29-30 W., c. 6, s. 9 (Canada).
21|Line of division between Upper and lower
Canada .......................................... Schedule B.
22 Ordnance land reserves........................... S. l consolidated. Remainder provincial.
23|Board of arts and manufactures............ .. Provincial.
24|Foreign judgments................................. { {
25|Seizure for debt....... .............................. ( &
26|Inspection of flour and meal.................... Repealed by 36 V., c. 49, s. 20 (D.)
27|Trade marks............ ............................. Repealed by 24 V., c. 21, s. 1 (Canada).
28|Passengers by Steamboats....................... Repealed by 31 W., c. 65, s. 50 (D.)
29|Railways............................................:” Schedule B. -
30|Jointstock companies for manufactures, &c. Repealed by 32-33 W., c. 13, s. 56 (D.)
31|Joint stock companies, judicial incorpor-
ation ...........................................” * { { {
32|Joint stock gas and water companies....... Provincial.
33|Fire insurance companies, not within the
limits..................................... ...“ Repealed by 31 W., c. 48, ss. 21 and 24 (D.)
34|Investments by insurance companies........ Consolidated. -
35|Accidents by fire, investigation............... Provincial.
36|Lotteries............................................... Consolidated. -
37|Growing timber..................................... Repealed by 32-33 W., c. 36 (D.)
38|Indians......................................... ....... Repealed by 32-33 W., c. 6, s. 23 (D.)
39|Territorial division, Upper Canada......... Recommended for repeal.
40|Representation in Legislative Assembly... { { { {
41|Apprehension of fugitive offenders........... { { { {
42||Common law procedure............. ............ Provincial.
43|County courts....................................... { {
44|Removal of causes from county Courts...... { {
45|Replevin................ ......... ..................... { {
46|Law Society .......................................... { {
47|Barristers-at-law.................................... * {
48|Attorneys-at-law.................................... { {
49|Common schools.................................... Provincial, except SS. 1, 3 and 8, which are recommended
for repeal.
50|Municipal institutions, Upper Canada......|Repealed by 25 V., c. 19, s. 1 (Canada).
51 Assessment of property, Upper Canada...|Repealed by 29–30 W., c. 53, s. 205 (Canada).
52 - e. e. ( {
53|Intoxicating liquors, Upper Canada......... Repealed by 25 V., c. 23. s. 1 (Canada).
54|Joint stock road companies, Upper Can-
ada ............................... ................ Provincial.
55|Protection of game, Upper Canada ......... : {
56|Consolidated statutes, Lower Canada....... { (
57|Administration of justice, Lower Canada. |
58|Annual returns, judicial matters.............
59|Registry offices, &c., Lower Canada........ |
60|Feudal rights........................................ | Repealed by Consolidated Statutes, Lower Canada,
61|Municipal and road Act, Lower Canada...|ſ Schedule A. g
62|Inspectors of fences and ditches..............
63|Timber, protection of ............................
647 Game Act amendment............................
65|Articles of law students.......................... Provincial.
66|Notarial profession................................. Repealed by Consolidated Statutes, Lower Canada,
Schedule A., except ss. 6, 8 and 9, which are not
º - public general.
67|Fabrique meetings................................. Repealed by Consolidated Statutes, Lower Canada,
Schedule A. -
68
tol F. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
8]
82|Indian lands, Durham............................ Schedule B.
83| |
tol H ......... ............................. .................. Not public general.
122|J
1231Pilots for and below Quebec.................... Schedule B.
2330
History and disposal of Acts.
13.
STATUTES OF THE PROVINCE OF CANADA.—Continued.
3. Subject Matter. Remarks.
O
124
to k ......................................................... Not public general.
150
15llIndian lands.......................................... Superseded by 31 W., c. 42 (D.); recommended for
repeal. - -
24 VICT.-1861.
1|Supplies................................................ Effete ; recommended for repeal.
2|Duties of customs................................... Repealed by 31 W., c. 6, s. 138 (D.)
3|False invoices to evade customs.............. ( & { { y
4|Public Works......................................... Superseded by 31 W., c. 12 (D.) and recommended for
repeal.
5|Several Acts continued.......................... Effete; recommended for repeal.
6|Extradition .......................................... Repealed by 31 W., c. 94, s. 7 (D.)
7|Unlawful administering of poison........... Repealed by 32-33 W., c. 36, (D.)
8|Persons injured in this province and dying
abroad ............................................ Superseded by 32-33 W., c. 20, s. 9 (D.) and recom-
mended for repeal.
9|Recording sentence of death.................... Recommended for repeal.
10|Wexatious indictments for misdemeanors...|Repealed by 32-33 W., c. 36, (D.)
11|Prison and asylum inspection................. ( { { {
12|Provincial penitentiary.......................... { { { {
13|Lunatic asylum for criminals.................. Repealed by 31 W., c. 75, s. 63 (D.)
14|To abolish the right of quarter sessions and
15
16
17
18
19
20
:
;
23
24
25
26
27
28
29
30
31
32
recorders' courts to try capital fel-
OIllèS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Justices of the peace, duties out of session
Offences committed in New Brunswick by
persons afterwards escaping to Can-
* * * * * * * * * * * * * * * * * * * * e s tº e º e º e s a e e s a w e s e s = e s a s a e s a
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Joint Stock companies general clauses.....
Joint stock companies for manufacturers,
&c ........ .........................................
Joint stock companies judicial incorpor-
ation
* * * * * * * * * * * * * * * * * * * * g e º e º 'º e º e º ºs e s a e º e º 4 & e a tº e º 'º 4
fnspection of soiéieather......................
Banks
• * * * * * * * * * * * * * * * * * * g e º e s
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s a e s a e e s e º e
Vaccination ...... ...................................
Election of members of legislature...........
Recorder's court, Quebec........................
Exemption from seizure for debt..............
Registration of marriages, Lower Canada
Municipal Act, Lower Canada...............
Agricultural Act, Lower Canada............
Mining rights, Lower Canada.................
Mutual insurance companies, Lower Can-
Repealed by 32-33 W., c. 36, (D.)
{ {
Disallowed by Order in Council, 6th January, 1863.
Schedule B.
{ {
Repealed by 32-33 W., c. 13, s. 56 (D.)
{ { { {
Repealed by 3] W., c. 55, s. 29 (D.)
Repealed by 36 W., c. 49, s. 20 (D.)
Ss. I and 3 recommended for repeal; remainder pro-
vincial.
Provincial.
S. 36 repealed by 32-33 W., c. 36 (D.); sub-s. 3 of s. 14
recommended for repeal ; remainder provincial.
Provincial. -
{ {
{ {
{ {
{ {
{ {
{ {
{ %
{ {
{ {
33
34
35
36
37
38
39
40
41
42
43
44
45
80.8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accidents by fire...................................
Advocates, Lower Canada
Notarial profession................................
Court of error and appeal.......................
Municipal institutions, Upper Canada.....
Assessment of property, Upper Canada...
Municipal institutions, Upper Canada.....
Assignment of dower.............................
Registration of judgments, Upper Can-
ada, abolished.................................
Registration of deeds, Upper Canada
Religious institutions.............................
Forfeited estates, Upper Canada..............
Walidity of certain certificates
* * * * * * * * * * * * * * * * *
51, s. 428 (Canada.)
Repealed by 29-30 V., c.
Repealed by 29–30 V., c. 53, s. 205 (Canada.)
Repealed by 29–30 W., c. 51, S. 428 (Canada.)
Provincial.
Repealed by 29 W., c. 24, s. 2 (Canada.)
Repealed by 29 W., c. 24, S. 2 (Canada.)
Provincial.
Effete ; recommended for repeal.
( : {
2331
History and disposal of Acts.
STATUTES OF THE PROVINCE OF CANADA.—Continued.
Court of Error and Appeal, Upper Canada
Recorders' courts, Upper Canada
Limitation of actions, Upper Canada
Mortgages, Upper Canada
2|Petty trespasses
Tavern and shop licenses........................
Separation of York and Peel
e e a e s e a e º e s e e s e a e s e s e e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
e e s tº e º e º e º 'º e s sº e º 'º e e º 'º
• * * * * * * * * * s is e s in a e º e º e º e º e º e º a tº a tº e s & &
e e º & e º e º s = º e º s e e º º
• e s e e s e e º e s s s a s tº s e e s e º 'º - e. e. e. e. e º e e s e s tº e s sº e º 'º e º e º a tº e º e º e º e &
a s e º e º 0 & 6 tº t e º a tº G & a
e e e s e e º is a e e s e e s = • e o e s = e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * e e º e º 'º e s e e a e s e º e º e º e º 'º - e º 'º e º e a < e is e º e º 'º e s - e º ºs e > * * * * * is e
Q4
.# Subject Matter. Remarks.
CD -
46|Certain marriages made valid................. Effete; recommended for repeal.
47|Mutual insurance companies.................. Provincial.
48|Constables................................ ............ { {
49|Maps or plans of towns, &c., in Upper
8 Ilê-018 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( {
50
to k ............... ......... ......... ........................ Not public general.
67 -
68|Harbor of Montreal improvements......... Schedule B.
69
tol ..................... .......................... ......... Not public general.
109
110|Eclectic system of medicine..................... Provincial.
111
tol ......................................................... Not public general.
141
25 WICT.—1862.
1|Militia................................................... Repealed by 27 W., c. 2, s. 110 (Canada.)
2|Telegraphs connected with military de-
fence..................................... ......... Recommended for repeal.
3|Supplies................................................ Effete ; recommended for repeal.
4|Customs................................................ Repealed by 31 W., c. 6, s. 138 (D.)
5|Excise................................................... Repealed by 27–28 W., c. 3, s. 1 (Canada.)
6|Tavern licenses. .................................... Provincial.
7|Bureau of Agriculture............................. Repealed by 31 W., c. 53, s. 8 (D.)
8|Emigrants and quarantine.................... Repealed by 32-33 W., c. 10, s. 32 (D.)
9|Certain Acts continued.......................... Effete; recommended for repeal.
10|Court of Appeal, Lower Canada............. Provincial.
11|Registration of titles, Lower Canada ...... (t
12|Lessors and lessees, Lower Canada......... { {
13|Inspectors of police, Montreal and Quebec. { {
14|Municipal Act, Lower Canada ............... { {
15|Public exhibitions, Lower Canada ......... { {
# Registration of marriages, &c ...... ......... .
S. 3 superseded by 37. W., c. 4, s. 6 (D.) and recom-
mended for repeal. Remainder provincial.
Provincial.
{ {
{ {
( {
S. 7 recommended for repeal ; remainder provincial.
Provincial.
Not public general.
Schedule B. -
Not public general.
Schedule B.
Not public general.
S. 1 consolidated ; remainder provincial.
Not public general.
26 VICT.—1863. (First Session.)
1|To enable county councils to raise money
for assisting persons to sow their land,
Upper Canada
Provincial.
2332
History and disposal of Acts.
STATUTES OF THE PROVINCE OF CANADA.—Continued.
24
.# Subject Matter. Remarks.
CD
2|To enable county councils to raise money *
for assisting persons to sow their land,
Lower §. tº º is a e º ſº tº $ tº tº 9 e º ſº tº º is e & e º & tº & © gº tº g º º & Provincial.
3|Inspection of wheat, &c. ......... ............... Repealed by 36 V., c. 49, s. 20 (D.)
4|Sureties of public officers, Upper Canada. Provincial.
5|Separate schools, Upper Canada ............ ( {
6|Royal institution, Lower Canada............ { {
7|Counties, Lower Canada ....................... S. 1, part, consolidated ; remainder of s. 1 recommended
for repeal; remainder of Act provincial.
8|County of Saguenay, Lower Canada.......|Provincial.
9|Representation of Osgoode and Gloucester
in Legislative Council...... ............... { {
10
: * * * * * * * * * * * * * * * * * * * s s a tº a s & d e º a s s e s e s a s a e º 'º e º e s a s tº a e e s a s e a Not public general.
0
41|Affidavits made out of the province......... S. 7, recommended for repeal; remainder provincial.
42|Persons dying in provincial lunatic
asylums........................................... E’rovincial.
43|Fire insurance companies.. ..................... Repealed by 31 W., c. 48, ss. 21 and 24 (D.)
44|Jurors and juries................................... Provincial.
45|Mercantile amendment Act..................... ( &
; Mortgages and sales of personal property. { {
4 -
tol ...... ......... .......................................... Not public general.
51
52|Port warden, Montreal........................... Repealed by 45 W., c. 45, s. 1. (D.)
53|Trinitty house, Quebec........................... Schedule B.
54
tol ......................................................... Not public general.
70
27 WICT.-1863. (Second Session.)
1|Supplies......................................... ...... Effete; recommended for repeal.
2|Militia .................................................. Recommended for repeal.
3|Volunteer militia................................... { { ( &
4|Duties of customs................................... Repealed by 31 W., c. 6, s. 138 (D.)
5|Certain Acts continued.......................... Effete ; recommended for repeal.
6|Saving banks ........................' ............... ( { { {
7|Inspection of pot and pearl ashes............ Repealed by 36 W., c. 49, s. 20 (D.)
8|Qualification and registration of voters,
Lower Canada................................. Recommended for repeal.
9|Municipal Act, Lower Canada................ Provincial.
10|Erection of parishes, Lower Canada...... ! {
ll|Collection of school rates, Lower Canada { {
12|Partition of township lands, Lower Can- { {
ada ......... ............................. .........
13|Common law procedure, Upper Canada... ( &
14|County courts, Upper Canada............... { {
15|Sales of land under execution against
executors, &c................................. { {
16|Municipal institutions, Upper Canada...... Repealed by 29–30 W., c. 51, s. 428 (Canada.)
17|Investment of clergy reserve moneys, tº tº
Upper Canada................................. S. 6 recommended for repeal ; remainder provincial.
18|Summary convictions under municipal
by-laws, Upper Canada.................. Recommended for repeal.
19|Assessment of property, Upper Canada...|Repealed by 29–30 W., c. 53, S. 205. (Canada.)
20|Protection of sheep.............................. Provincial.
21|Recorder's court, Quebec........................ { {
22
to
94
e e s a • * * * * * * * * * * * * * * * * * * * s w w a s a s e s is a s e s - e s - e s e e s s a • * * * * * * *
Not public general.
2333
16
History and disposal of Acts.
STATUTES OF THE PROVINCE OF CANADA.—Continued.
G+
.# Subject Matter. Remarks.
O
27–28 WICT.-1864.
1|Supplies............... ................................ Effete; recommended for repeai.
2|Duties of customs................................... Repealed by 31 W., c. 6, s. 138 (D.)
3|Duties of excise ................................... Repealed by 31 W., c. 8, s. 1 (D.)
4|Duties on bills and notes........................ Superseded by 31 W., c. 9 (D.) and recommended for
repeal.
5|Law Stamps.......................................... S. 32 superseded by 32–33 W., c. 19, s. 14 and recom-
mended for repeal ; remainder provincial.
6|Public accounts.................................... Recommended for repeal.
7|Guarantee companies as security for pub-
lic officers....................................... Superseded by 31 W., c. 37 ; recommended for repeal.
8|Geological Survey....... ........................ Effete; recommended for repeal.
9|Gold mines............................................ Provincial. -
10|Militia ............................ ......... ........... Repealed so far as inconsistent there with, by 31 W., c.
40, s. 99 (D.) Recommended for repeal.
11|Ocean mail service................................. Effete; recommended for repeal.
12|Navigation works on St. Lawrence......... Schedule B.
13|Navigation of Canadian waters............... Repealed by 31 W., c. 58, s. 1 (D.),
14|Investigation into shipwrecks............... Repealed by 32-33 W., c. 38, s. 12 (D.)
15|Inspection of steamboats........................ Repealed by 31 W., c. 65, s. 50 (D.)
16|Emigrants and quarantine..................... Repealed by 32-33 W., c. 10, s. 32 (D.)
17|Insolvency............................................ Repealed by 32-33 W., c. 16, s. 154 (D.)
18|Prohibition, sale of intoxicating liquors...|Schedule B. rº
19|Accessories to indictable offences............ Repealed by 32-33 W., c. 36 (D). §
20|Appointment of justices of the peace........|Recommended for repeal.
21|Inspection of raw hides and leather......... Repealed by 36 W., c. 49, s. 20 (D).
22|Physic, surgery and anatomy, Upper
Canada........................................ Provincial.
23|Manufacturing companies....................... Repealed by 32-33 W., c. 13, s. 56 (D).
24|To continue several Acts........................ Effete ; recommended for repeal.
25|Arrest and imprisonment for debt, Upper
- Canada ......................................... Provincial.
26|Surrogate courts, Upper Canada............. { {
27|Division courts, Upper Canada............... { { - -
28|Sheriffs, Upper Canada.......................... S. 31 consolidated except from “Court” in line 9 to the
end of the section; s. 52 recommended for repeal;
remainder provincial.
29|Limitation of actions, Upper Canada....... Provincial.
30|Overholding tenants, Upper Canada........ Provincial, except s. 7, which is recommended for repeal.
31|Short forms of mortgages, Upper Canada. |Provincial.
32|Certain titles obtained on sales by lot
quieted ......... .......... ..... .................. { {
33|Courts of general sessions, Upper Canada. { {
34|Jurisdiction of police magistrates, Upper
Canada................. ........................ Effete; recommended for repeal.
35|Justices of the peace, provisional judicial
districts, Upper Canada.................... Provincial.
36|Informers suing for penalties, security for
costs by, tjpper Canada. ......... ........ { {
37|Municipal institutions, Upper Canada...... ( {
38|Mutual insurance companies, Upper
Canada........................................... ( (
39|Judicature, Lower Canada..................... { {
40|Registration of hypothecs, Lower Canada. { {
41|Jurors and juries, Lower Canada............ Provincial, except sub-ss. 8 and 9 of s. 7, and s. 8, which
are recommended for repeal.
42|Wills, Lower Canada. ........................... Provincial.
43|Qui tam actions, Lower Canada.............. S. 2 consolidated ; remainder provincial.
44|Certain notarial deeds made valid ......... Provincial.
45|Records of abolished courts, Lower
Canada .......................................... ( :
46|Municipalities, Lower Canada................. { {
47|Convictions under by-laws, Lower Canada { {
48|Tavern keepers, Lower Canada............... { {
49|Lands in Bolton and Magog.................... { {
2334
History and disposal of Acts. - 17
STATUTES OF THE PROVINCE OF CANADA.—Continued.
G.
.# Subject Matter. Remarks.
C
50|Meetings of agricultural societies, Lower
Canada ......... ................................. Provincial.
51|Medical profession................................. { {
52|Protection of insectivorous birds ............ { {
53|Religious societies.................................. - { {
54|Representation of the people, Joliette...... S. I consolidated ; remainder provincial.
55
* • e s e e º e s e e º e s s e º e º e s e s e e s e e º e s - e s a e s e e s e s a º e s e º e º e s • * * * * * Not public general.
6
57|Trinity house, Quebec............................. Recommended for repeal.
58|Trinity house, Montreal ........................ Repealed by 36 W., c. 54, s. 92 (D).”
59|
§ º e º e º e º e º e s tº e s e º e o e º e º e º e o e º f * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
6
68|Indian lands, Dundee ............................ Schedule B.
69|Huron Indian reserve, Lorette ................ { {
28 WICT.-1865. (First Session.)
1|Repression of outrages on the frontier...... Effete ; recommended for repeal.
2|Foreign enlistment.................. ............... Recommended for repeal.
3|Supplies................................................. Effete ; recommended for repeal. '
4|Certain Acts continued.......................... { { { {
5!0cean mail Service................................. { { { {
6|Weighing, &c., certain articles............... Schedule B
7|Acts of certain clergymen made valid...... Provincial. -
8|Property in Swarms of bees..................... S. 5 in Schedule C ; remainder provincial.
9|Limits of certain counties, Lower Canada|Consolidated.
10|Limits of county of Verchères................. ( !
11|Appointment of magistrates in remote
parts.....---. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recommended for repeal.
12|Houses of correction, Lower Canada........ Provincial.
13|Mutual insurance companies, Lower Can- {
ada .................. .................... --------- {
14|Stevedores and liners, Lower Canada...... Schedule B.
15||Newspapers, Lower Canada. ................. S. 1 recommended for repeal; remainder provincial.
16|Municipality of St. Roch........................ Provincial.
17|Court of chancery, Upper Canada........... { {
18|Prohibition and mandamus, Upper Can- { {
8. Cl8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19|Interpleading, Upper Canada.................. { {
20|Police magistrates................................. Effete; recommended for repeal.
21||Attorneys ........................... .................. Provincial.
22|Salling liquor without license.................. { {
23|Joint stock companies (roads)................. { {
24|To enable county councils to raise money
for assisting persons to sow their
land, Upper Canada........................ { {
25
tol • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
74 -
29 WICT.—1865. (Second Session.)
1|Provisions concerning both Houses of
Parliament............... ......... ............ Recommended for repeal.
2|Supplies........................ ............... ......... Effete; recommended for repeal.
3| Duties of excise...................................... Repealed by 31 W., c. 8, s. 1 (D.)
4|Duties on bills and notes........................ Superseded by 31 W., c. 9 (D.) and recommended for
repeal.
5|Railway postal subsidies........................ Repealed by 31 W., c. 10, s. 2 (D.)
* The note as to Cap. 58 has been made in accordance with the third Schedule of 36 W., c. 54;
but an error appears to have occurred in that Schedule by transposition.
2335
18 •
History and disposal of Ac/s.
STATUTES OF THE PROVINCE OF CANADA –Continued.
Subject Matter. Remarks.
6|Militia............ .................... .................. Repealed so far as inconsistent there with by 31 W., c.
40, s. 99 (D.) Recommended for repeal.
7|Public works for defence........................ Repealed so far as inconsistent there with by 31 W., c.
12, s. 71 (D.) Recommended for repeal.
8|Contagious diseases at military and naval -
stations ..................... ..................... Effete; recommended for repeal.
9|Gold mining Act................................... Provincial. '
10|Bureau of agriculture............................. { {
11|Fishing and fisheries.............................. Repealed by 31 W, c. 60, s. 20 (D.)
12|Qualification of justices of the peace........ Provincial.
13|Abolishing punishment of death in certain
C8 SeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed by 32-33 W., c. 36 (D.)
14|Punishment of kidnapping..................... { { { {
15|To prevent the spreading of certain dis-
orders of animals............................. Repeal d by 32-33 W., c. 37, s. 33 (D.)
16|Aliens, transmission of real property...... Recommended for repeal.
17|Assurances on lives of husbands and par-
ents........................... ..................... Provincial.
18|Insolvent Act of 1864 amended............... Repealed by 32-33 W., c. 16, s. 154 (D.)
19|Warehouse receipts as collateral security ||Recommended for repeal.
20|Charters to companies for manufactures,
&c........................ .......................... Repealed by 32-33 W., c. 13, s. 56 (D.)
21|Joint stock companies for manufactures, (
C. . . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * { { {
22|Co-operative associations....................... S. 18, from the word “and” where it occurs secondly
in line 7 to the end of the section, recommended for
repeal; remainder provincial.
23|Grammar Schools................................... Provincial.
24|Registry offices, &c................................ Ss. 24, 80 and 81 recommended for repeal ; remainder
provincial.
25|Quieting titles to real estate, Upper Can-
8018. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S. *commended for repeal; ss. 48 and 50 in Schedule
26|Certain sales made valid........................ Provincial.
{
27|Short forms of mortgages, Upper Canada
28|Law of property and trusts, Upper Canada|S. 20 consolidated except from “award ” in tine 14 to
“but in line 25, which is provincial, and except
from “direct " in line 34 to the end of the section
which is recommended for repeal ; remainder of Act
provincial.
29|Attorneys, Upper Canada....................... Provincial.
30|County courts, Upper Canada................. t y
31|Division courts, Upper Canada............... ( {
32|Costs of arbitrations, Upper Canada...... { {
33|Master and servant, Upper Canada......... ( {
34|Medicine and surgery, Upper Canada...... Ss. 30 and 31 recommended for repeal ; rºmainder
}rovincial.
35|Medicine and surgery, Upper Canada...... Proß.
36|Joint stock road companies, Upper Canada ( {
37|Mutual assurance companies, Upper Can-
ada ................................................ { {
38|Permanent building societies, Upper ©
Canada .......................................... Schedule B.
39|Tax on dogs and protection of sheep ...... Provincial.
40 Canada thistles......... ........................... ( {
41|An Act respecting Civil Code, Lower
* * * * * * * * * * e g & s e º sº s e e a e e s a e e º 'º - a e s w = e s tº e e s a Effete.
into force on 1st August, 1866, by
proclamation under the foregoing Act,
dated 26th May, 1866 ................... .... Article 590 is repealed by 36 V., c. 55, s. 37 (D).
Articles 2357, 2358, 2360, 2363 to 2372, and 2375 to
2382 are repealed by 36 W., c. 128, s. 3 (D). Articles
2404 and 2405 are repealed by 36 W., c. 129, s 5.
The following articles are recommended for repeal :
Articles 22, 25, 26, 609, 1037; Article 1039 from the
word “saving ” to the end of the Article; Article
1638 from the word “subject’’ in line 5 to the end
w
2336
History and disposal of Acts.
19.
STATUTES OF THE PROVINCE OF CANADA.-Continated.
gºssºssmºms#
42
43
44
45
46
4.7
48
50
51
52
53
54
55
56
57
58
59
60
to
120
Subject Matter.
Court of Queen's Bench, Lower Canada...
Procedure in Superior and Circuit Courts,
Lower Canada.................................
Certificates of discharge, Lower Canada.
Corporate rights, Lower Canada............
Seditious and unlawful associations,
Lower Canada.................................
Notarial profession, Lower Canada
Education, Lower Canada .....................
School rates, Lower Canada...................
Municipal Act, Lower Canada................
Towns and villages, Lower Canada........
Churches, parsonages, &c., Lower Canada
Preservation of standing timber..............
Tavern keepers......................................
Counties of Rimouski and Gaspé.............
tº e g g tº ſº e º &
Ship channel, Montreal and Quebec
City of Quebec, Incorporation
e is e º e s a tº * * g g g e g º º
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * e o e s = e s a e º 'º e º e s tº e º sº e e s e º e s = e s ∈ e.
s º º is º e º $ tº $ tº e < e < * * * * * * e e e º e
* * * * * * * * * * * * e º e i s & e e s e e s s a s is e º s e e s = e º e s sº e º e º e s & a e s a se e g º º
29-30
43:
i
Apprehension of certain persons..............
Protection of inhabitants of Lower Canada
from lawless aggression
a • * * * * * * * * * * * * * * * * * *
To amend the preceding Act
Consolidated Statutes, Upper Canada, c.
98, amended.....................................
Unlawful training to the use of arms.......
Duties of customs. ......... ........................
Duties of excise.....................................
Supplies................................................
Indemnification of certain members of the
Remarks.
of the Article ; Article 1656 from the word “and ’’
where it occurs the second time in line 2 to the end
of the Article ; Articles 1672 to 1675, and Article
1677 so far as they relate to carriers by water ;
A rticles 1888, the third line of Article 1991, and
Article 2463.
The following Articles are put in Schedule B :—Articles
12 to 21 ; Article 23 ; paragraphs 6 and 7 of Article
36; Article 108 ; Articles 115 to 127; Articles 135 to
156; Articles 185, 206, 367 ; paragraph 2 of Article
369; Articles 400, 402, 403; paragraphs 2, 3 and 4
of Article 594; Articles 803, 1569, 1573, 1676, 1678,
1679, 1680, 1681, 1682, 1785, 1886, 1989, 1998, 1999,
2007, 2022, 2032, 2090, 2151, 2211 to 2216 ; Articles
2279 to 2354; Articles 2355, 2356, 2359, 2361, 2362,
2373 and 2374; Articles 2383 to 2403; Articles 2406 to
2462; Articles 2464 to 2467; Articles 2552 to 2558;
Articles 2560 to 2567 and Articles 2594 to 2612.
Provincial.
{ {
{ {
{ {
Schedule B.
Pro vincial.
( &
( {
{ {
{ {
{ {
{ {
S. l consolidated from the beginning to “representation”
in lines 8 and 9. Remainder provincial.
Schedule B.
Sub-s. T8 of s. 29, repealed by 48-49 W., c. 77, s. 1; re-
mainder not public general.
Not public general.
R pealed by 45 V., c. 45, s. 1 (D).
Not public general.
WICT.-1866.
10
11
12
Executive Government for certain
actS
Provincial notes
Postal service
Volunteer militia force
• * > * e º e º e º is tº e s e e s s e s tº s is a s tº e e de # * g e º a 4
e e e s e e s is e s a s & e s e s e s a s e s = e º e e s is a s tº e s s e s is
• s e º 'º e º 'º & e s s is e º s e º e º ºs º e º is tº º
Effete ; recommended for repeal.
Superseded by 31 W., c. 14 (D). Recommended for
repeal.
Superseded by 31 W.,
for repeal.
c. 14, (D). Recommended
{ { { {
Repealed by 32-33 W., c. 36 (D).
Repealed by 31 W., c. 6, s. 138 (D).
Repealed by 31 W., c. 8, s. 1 (D).
Effete ; recommended for repeal.
Effete ; recommended for repeal.
Recommended for repeal.
Repealed by 31 W., c. 10, s. 2 (D).
Repealed so far as inconsistent therewith, by 31 W., c.
40, s. 99 (D). Recommended for repeal.
2337
History and disposal of Acts.
STATUTES OF THE PROVINCE OF CANADA—Continued.
26
27
30
31
32
33
34
35
36
37
38
39
41
42
43
44
45
46
47
48
49
50
51
52
53
5
:
Subject Matter.
Remarks.
Elections of members of the legislature...
gº º e º g ſº tº º gº tº $ tº e º & © tº & º $ tº e º tº º º
* * * * * * * * * * e s e e g g g º e º e e s e s is e e s a e º e º e s e º e < e < e e º ſº e º e º 'º e º e s tº º
Bureau of agriculture
Patents of invention
is e º e º e º e s ∈ e s e º e s a tº e º is a e º 'º a º &
* e º tº e s tº e s tº a g º ºs e º 6 tº º e º is e º e º º ſº tº tº
Certain lands in trust for Indians
Works connected with the defence of the
province
Egress from public buildings
Charters to manufacturing companies
Inspection of leather and raw hides
An Act respecting the code of civil pro-
cedure, Lower Canada.....................
The Code of Civil Procedure of Lower
Canada. Brought into force on the
28th June, 1867, under the provisions
of the foregoing Act by proclamation
dated 22nd June, 1867
Rendering of judgments, Lower Canada...
Bar of Lower Canada.............................
Duty on registrations, Lower Canada.....
Commissioners' courts, Lower Canada
Seigniorial Act, Lower Canada...............
Public education, Lower Canada........ .....
Municipal Act, Lower Canada, amend-
ment............................. ..................
Agriculture, Lower Canada
Masters and servants, Lower Canada
* * * * g g g g º a º e º e < e < e s tº º e º is e º e º e º e º e º 'º º e º $ 3 &
tº e º t e º e º ºs º ºs º e º e º $
tº e º 'º e &
a gº tº s v is e e º e º e s e is e º s tº
Tavernkeepers, Iower Canada................
Churches, parsonages, fabrique meetings,
Lower Canada -
Road companies, Lower Canada..............
Court of impeachment, Upper Canada.....
Hearing of causes in the court of chancery,
Upper Canada
tº e º e º 'º e e s e º ſe e º e º ºs e e º 'º e º º e e s is a s is tº a
Superior courts, Upper Canada...............
Evidence at the trial..............................
Common law procedure, Upper Canada...
Crown debtors, Upper Canada................
Persons in custody charged with high
treason........... ......... ........................
Writs of habeas corpus...........................
View by jurors.......................................
Appointment of recorders.......................
Administration of justice in the unorgan-
ized tracts
Attorneys-at-law
Appeals in cases of summary convictions,
Upper Canada
Municipal institutions, Upper Canada
* * * * * * * * * * * * * e s e s a e s is a n e º e º s e s m e a c e s a s e
* & w e º is e e s is º e s is a e e s a e is e º e a s e s s a e e s a e e
* c is e e s = e tº s a e e s a s is e e e º e º is e º º e e º e º s
{ { { {
Assessment of property, Upper Canada....
Medical Act amended
e e º e º a tº e º e º 'º e º e º is e º a 9 & e e s e º e e
Tax on dogs and protection of sheep
Superseded as to elections0 to House of Commons
by 37 V., c. 9, s. 133 (D). Recommended for
repeal.
Effete; recommended for repeal.
Not public general.
Provincial.
Superseded by 35 V., c. 26, s. 52 (D).
for repeal.
Schedule B.
Recommended
Effete; recommended for repeal.
Provincial.
Repealed by 32-33 W., c. 13, s. 56 (D.)
Repealed by 36 W., c. 49, s. 20 (D.)
Effete.
Provincial.
( (
{ {
! t .
( {
{ {
{ {
( {
{ {
S. 2 repealed by 40 W., c. 35, s. 1 (D.) Remainder pro-
vincial.
Provincial.
{ {
Recommended for repeal.
Repealed by 45 V., c. 12, s. 9 (D.)
Provincial.
Provincial, except s. 1, which is superseded by 31
W. c. 33, S. 4 (D.) and is recommended for
repeal.
Superseded by 32-33 W., c. 29, as to criminal procedure.
Recommended for repeal.
Provincial.
Schedule B.
Repealed by 32-33 W., c. 36 (D.)
Schedule B.
Consolidated, except s. 3, which is recommended for
repeal.
Recommended for repeal.
Provincial.
{ {
Repealed by 32-33 W., c. 36 (D.)
SS. 52, 53, 55, 187, and 188 consolidated ; s. 409 in
Schedule B. Remainder recommended for repeal.
Provincial.
Provincial, except subs. 12 of s. 61 from the word
“ and ’’ where it secondly occurs in line 18 to the
end of the subsection, and ss. 178 and 180, all which
are recommended for repeal.
Provincial.
{ {
23:38
History and disposal of Acts. 21
STATUTES OF THE PROVINCE OF CANADA.—Concluded.
§ | Subject Matter. Remarks.
CD
56
and | } ................................................ ......... Not public general.
57
58|Trinity house, Quebec............................. Schedule B.
59
tol k .................................... ..................... Not public general.
120
121|Vinegrowers association......................... S. 16 repealed by 32-33 W., c. 36; remainder not public
general. &
122} .
to | e e s g º e = e º sº a e g º e e s e e s e a e is e º e º e º e º e s tº e º º & e s e º º ºs e s sº e º e º 'º e º º º Not public general.
176
177|Elections to Legislative Council............. Effete. Recommended for repeal.
69% 2339
NOW A SCOTIA.
Revised Statutes (Third Series), 1864.
{ { { {
28 Vict., 1865.
29 Wict., 1866.
30 Vict., 1866.
Appendix of Unrepealed Acts.
emsºmº-º-º-º:
REVISED STATUTES OF NOW A SCOTIA.
THIRD SERIES.
11
T2
13
14
15
16
17
18
19
20
21
Subject Matter.
Remarks.
Promulgation and construction of Statutes
Executive and legislative disabilities......
Duration of agd representation in, the
General Assembl
Prevention of corrupt practices at Elec-
tions
• * * * e e º 'º º e s e º 'º e º 'º ſº e º 'º - e º e º 8
e e s = e e º e o e s a s is a e s e º sº e º e º e < * * * * * > e º e º 'º e º a e º 'º e º e º º
Controverted elections
• * * * * * * * * * * * * * * * * * g e º e g g c e º
Vacating seats.......................................
Casual and territorial revenue
| Part the second—of a certain treaty be-
tween Her Majesty and the United
| States of America
Excise duties
* * * * * * * * * * * * g º &
Part the first—of Customs duties.........
• * * * * * * * * * * * * * * * * * * e º a g º º e
a s e º 'º e º º e s - e s ∈ e º 'º e e s w tº e º e º a s e s e e s e e º e e s e e -
s & sº tº e º 'º $ tº w e º 'º tº e º 'º tº tº º is º e º º e º ºs e º º e º 'º e ºb
Appointment and duties of officers of the
Customs
• * * * * * * * * * * * * * * * * * * * * * * * c e º e e s a e s e º º a s e º a º
&
Laws of the Customs
Importation of goods..............................
Warehousing of goods
Exportation of goods and drawbacks
Prevention of smuggling
Distilleries
e is a e e s - e º e º & tº e º e s e s s a e s s is e e
• a e o 'º e
s e s e e s e e s e e º e s is e s a e s see e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s s a s a e s a
Lighthouse duties...................................
Licenses for sale of intoxicating liquors...
Post Office............................................
Board of Works............................... ... . .
Penitentiary
• e º 0 e º e s s e º 'o e s e º 'º e s e s e º e º e e º e s e e º e º 'o e a s so º
Schedule B.
Provincial.
Ss. 1 and 2 provincial, ss. 3-6 repealed, 30 V., c. 2, s. 3.
Provincial, except part of ss. 3 (5) 4 (2) and 5, all which
are recommended for repeal.
Repealed, 36 W., c. 28, s. 56 {D) as to elections for House
of Commons of Canada.
Provincial.
Expired. See 29 W., c. 2.
Effete. Treaty expired. Recommended for repeal.
Repealed, 31 W., c. 8, s. 1 (D.)
Repealed so far as inconsistent, 31 W., c. 5, s. 52; 31 W.,
c. 43, s. 6; and 32-33 W., c. 4., S. 5 (D.) Remain-
der recommended for repeal.
Repealed so far as inconsistent, 31 W., c. 5, s. 52 (D); 40
W., c. 10 s. 143 (D); and 46 W., c. 12, s. 3 (D.) Re-
mainder recommended for repeal. -
Repealed, 31 W., º: 6, s. 138 (D.)
( {
{ {
{ {
{ {
{ {
{ {
Repealed so far as inconsistent, 31 W., c. 8, s. 3 (D); 43
W , c. 19, s. 190 (D); and 46 W., c. 15, s. 333 (D.)
Recommended for repeal.
Expired. See 28 W., c. 24; 29 W., c. 4; and 30 W., c. 11.
Provincial.
Repealed, 31 W., c. 10, s. 2 (D.)
Provincial, except as to penitentiary and lighthouses,
buoys and beacons; ºpºlº as to penitentiary, 31
W., c. 75 (D) and 38 W., c. 44 (D); repealed as to
lighthouses, &c., 31 W., c. 59 (D.)
Repealed so far as inconsistent, 31 W., c. 75 (D); 38 W., e.
44 (D.) Wholly repealed, 46 W., c. 37 (D.)
2340
History and disposal of Acts. '
REVISED STATUTES,
INOVA SCOTIA—Continued.
32
33
34
3
5
3
6
37
38
3
9
40
41
42
43
44
45
46
47
48
Subject Matter.
|Crown lands -
Trespasses to Crown property.................
Sable, St. Paul's and Scatterie Islands and
lighthouses............ & ſº e º e º ºs e º 'º e º e o º • * * * * * * * * *
Public records.......................................
Mines and minerals...............................
* - e º e º e e º 0 & 0 e º e º 0 ° e s - © e º G & e º e º 'º e - tº e º & 0 & 0 &
Naval property......................................
|Militia...................................................
Public fortifications....................... 0 e º e e º º
Electric telegraph for military purposes...
Immigrants
Privileges and naturalization of aliens...
Census and statistical information...........
Salaries of certain public officers and cer-
tain pensions...................................
Qualifications, appointment and tenure of
office of the principal judicial officers
Offices of Receiver-General and Financial
Secretary, and the rendering and
audit of the Public Accounts
Treasury notes, the Savings Bank and
Provincial loan................................
Boundaries of counties, districts and town-
Ships....................... * e º 'º e º tº e s is e º sº e º 'º - e º e º e a
Coroners
Clerks of the peace................................
Prothonotaries and clerks of the Crown.
General and special Sessions
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
u e s is e e e º 'º e s sº e º e º s s e º e s e e º 'º e º 'º s &
County assessments
Jails and other county buildings
Townships, certain county and township
officers º
Fences and fence viewers and impound-
tº e e s tº e g º e º 6 s - e. e. e.
tº e º e º ſº tº e º 'º e s º e º e º ºs e e º s e tº a º ºs e s - tº e º ºr tº e
49
50
51
52
53
54
55
56
57
58
59
6
0
6
l
Remarks.
ing of cattle
Church of England.. * - * - - - -
Religious congregations and Societies.....
Assessments for the repairs of meeting
houses........ . .... .. * - tº º
• * * ~ * ~ * * * * * * * * * * * * * * * *
Quarantine * -
• * * * * * *
Boards of Health and Infectious Disease ..
Rabid Animals. ... ...... . . ..........
Nuisances ......... • e º e º º e º e º e º 'º - e º - G - e.
Regulations concerning the practice of
physic and surgery .... ...... ......
Indians...... • º º ºs º ºs e º . ~ * * * * * * * * * e º ºs º e e º º
Public instruction ......... ........ . . .....
Roads, laying out and management of cer.
tain great ....................
Roads, laying out other than certain great
roads .............. • * * * • e s a w s , s = e e
Subscriptions to public Works ......... ......
Ss. 3 and 5 consolidated, ss. 1, 2 and 4 repealed by 31 W.,
c. 59, s. 11 (D.); s. 6 recommended for repeal.
Provincial.
{ {
{ {
Provincial, except s. 10, which is recommended for re-
peal so far as respects exemption from liability to
indictment.
Schedule B.
Repealed, 28 W., c. 17.
Repealed so far as inconsistent, 31
commended for repeal.
Repealed so far as inconsistent, 31 W., c. 12.
mended for repeal.
Schedule B.
Provincial. - -
Sections 1-3 recommended for repeal ; remainder re-
pealed, 31 W., c. 66, s. 14 (D.)
Repealed, 33 W., c. 21, s. 30 (D) as to census, being all
but ss. 1, 7 and 9, part; s. 7 recommended for re-
peal; SS. 1 and 9, part, provincial.
Superseded as to Dominion, 31 W., c 33 (D), and amend-
ing Acts. Recommended for repeal.
W., c. 40 (D.) Re-
Recom-
Recommended for repeal. Ss. 3, 4 and 5 superseded by
B.N.A. Act, S. 96, et seq.
Provincial, except parts of Ss. 2 and 7 as to Savings
Bank, superseded by 34 V, c. 6 (D), and parts of Ss.
8 and 10 as to Customs dues and lighthouses, super-
seded respectively by 31 W., c. 43 (D) and 31 W., c.
57 (D). All recommended for repeal.
Ss. 9, 10, 11, 12 provincial; remainder either effete or
repealed. See 32-33 W., c. 4 D) and amending
Acts, and see 34 W., c. 6, S. 15 D). Recommended
for repeal except Ss. 9, 10, ll and 12.
Provincial.
{ {
{ {
{ {
Provincial, except ss. 5, 6 and 7, which are recommended
for repeal.
Provincial.
{ {
{ {
{ { - q.
{ {
{ {
{ {
Repealed, 31 W., c. 63, s. 15 (D.)
Recommended for repeal.
Provincial.
Provincial, except ss. 14 and 15 which are recom-
mended for repeal.
Provincial. -
Repealed, 31 W., c. 42, s. 31 (D.)
Provincial.
{ {
{ {
{ {

694%
2341
History and disposal of Acts.
REVISED STATUTES,
NOVA SCOTIA.—Continued.

75
76.
77
78
79
8
0.
8
l
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
Steam navigation
82
Subject Matter.
Remarks.
Highway labor............................. .........
Commissioners of streets
Expenditure of moneys on the roads
Preservation of roads
Supervisors of public grounds
Closing roads -
Bridges and public landings
Ferries
Provincial Government railroads. ..........
Railroads other than Provincial Govern-
ment railroads
• * * * * - e. e. tº e g g g º b - º 0 tº e º e º &
• * * * * * * *
e e s tº e º a tº t e º e e s m e º tº s e º e s is e º &
tº tº e º e º 0 ° tº e g º e º º
• * * e º e º e º a e s s m e º & e - e. e. e. e. e. e. e º e º e º e º a s e e s tº
• e e g º e º e º 'º - e s tº e e º &
* * * * * * * * * e e.e. e. e. e. e. e. e. e. e. e. e º 'º
Commissioners of sewers and the regula-
tion of dyked and marsh lands ... ....
Commons -
Common fields.......................................
ſ Part I.-Shipping and seamen
e e s a s e o e s e e a s s a s e e s e e s tº 6 e º e º 'º e º e º e º 'º. e. e. e. e. e º ºs e tº
* * * ~ 0 e º a tº e º 'º
l Part II.—Registry of ships
Marine courts of inquiry
* * * * * * * * g e e a º e º e º a s a a e º e º e º e s e g º º
Wrecks, and wrecked goods
Pilotage, harbors and harbor masters
Partnerships..........................................
Factors and agents
* * * * * * * * * * * > * > * > * * * tº a e º e º e s e º e º 'º'
Bills of exchange and promissory notes...
Currency
u e º s ºr e º e º e < e e s s a º º se e e º e º se e g º e º e e s s e º e s is e e s e e e
Mills and millers....................................
Regulation and inspection of provisions,
lumber, fuel and other merchandise...
Weights and measures
General provisions respecting corpora-
tions...............................................
Agricultural and land corporations
Settlement and support of the poor.........
Poor districts.........................................
Maintenance of bastard children..............
Preservation of useful birds and animals
s e º e º e - © tº º e º e º e º 'º º e º 'º e º e o 'º -
e s e e º e º e e
Destruction of noxious animals...............
Coast and deep sea fisheries....................
River fisheries.......................................
Agriculture, encouragement of...............
Trustees and public property..................
Public markets......................................
Fires and firewards................................
Discharge of firearms and fireworks......
Transportation of gunpowder..................
Burning Woods and marshes....................
Conveying of timber and lumber on rivers
i. the removal of obstructions there-
I'OIO,
s e º e º 'º - e º 'º s is e º º e º a º e e º s e º " tº e º ºs e º 'º e - e. e. e. e. e. e. e. e. g.
Provincial.
{ {
{ {
( {
{ {
( {
Recommended for repeal.
{ { { {
( ( ; { { |
( { { {
Provincial.
{ {
{ {
Repealed so far as inconsistent, 35 V., c. 39, s. 21 (D)
secs. 1-8 repealed, 33 W., c. 17, s. 16 (D); remainder
repealed, 36 W., c. 129 (D.)
Repealed, 36 W., c. 128, s. 3 (D.)
Repealed, 32-33 W., c. 38, s. 12 (D.)
Repealed, 31.V., c. 65, s. 50 (D.)
Repealed, 36 W., c. 55, s. 37 (D.)
Ss. 1-16 and 34 and Schedule A, repealed, 36 W., c. 54,
S. 92 (D); s. 32, repealed, 29 W., c. 27; s. 38 effete :
remainder repealed so far as inconsistent therewith
by 36 V., c. 63, s. 14 (D) as to Pictou Harbor, and by
42 W., c. 30, s. 14 as to North Sydney Harbor; ss. 17-
31, 33,35-43 and schedule B recommended for repeal
Provincial, except ss. 22 and 24, which are recommended
for repeal.
Provincial, except ss. 11-14, which are recommended for
º as having been superseded by 32-33 W., c. al
S. 79.
S. 1 superseded 38 W., c. 19 (D) and recommended for
repeal ; s. 2 put in Schedule B; remainder provincial.
SS. 1, 2, 6 and 7 repealed, 31 W., c. 45 (D), and 34 W., c.
4 (D); remainder repealed so far as inconsistent
with 34 V., c. 4 (D.); ss. 4 and 5 provincial; s
3 and SS. 8-14 recommended for repeal. -
Provincial, except s. 3, superseded by 36 W., c. 47 ( D
and recommended for repeal. -
Ss. 1-43, 55-71, 84-87 repealed, 36 W., c. 49 (D); s. 72,
recommended for repeal. Remainder Schedule B.
Repealed, 36 W., c. 47, s. 52 (D).
Schedule B.
Provincial.
{ {
{ {
Provincial except SS.15-18, which are recommended fol
repeal.
Provincial.
Repealed by 49 W., c. 114, s. 2 and schedule.
Repealed, 38 W., c. 33, s. 4 (D).
Provincial.
{ {
( &
{ {
{ {
{ {
Recommended for repeal.
Provincial.
{ {
2842

History and disposal of Acts.
REVISED STATUTES,
NOVA SCOTIA.-Continued.
~4
# Subject Matter. Remarks.
O
106|Infected cattle, dogs, swine, vicious
animals and geese, going at large of...|Provincial.
107|Sea manure, gathering of....................... { {
108|Coasting on the highways, roads over the
ice and guide boards........................ { {
109|Taxation of dogs.................................... { {
110||Deeds by married women....................... { {
| llllſ states tail..................... ..................... { {
112|Wills of real and personal estate ............ ( { \
113|Joint tenancy and tenancy in common ... { {
114|Sale of lands under foreclosure of mort-
£890 . . . . . . . . . . . . . . . . . . . . . . . e o º e º sº e º e o is º ºs e º a c e º 'º & { {
115|Sale of lands to satisfy execution debts.... { {
11610opyrights .................. ....................... Repealed, 31 W., c. 54, s. 19 (D) -
117|Patents for useful inventions .................. Repealed so far as inconsistent with or makes the same
- rovision as 32–33 W., c. 11 (D.) and 35 V., c 26
{} See s. 52, of each Act. Recommended for repeal.
118|Prevention of frauds and perjuries ......... Provincial. -
119|Prevention of frauds on creditors by secret
bills of Sale............................. - - { {
120 Solemnization of marriage, and the regis-
tration of marriages, births and deaths. Repealed, 29 W., c 28, S. 45.
12ll Guardians and wards............................ Provincial.
122|Masters, apprentices and servants ......... ( { - -
123|Supreme Court and its officers................. Provincial except s. 17 consolidated.
124|Proceedings in equity............................ , Provincial.
125|Equity Judge, his office and duties ......... Provincial, except s 1 recommended for repeal; S. 5 Su-
- perseded by 29 W., c. 13, s. 2. in so far as it relates
to Court of Marriage and Divorce.
126|Court of marriage and divorce ............... S. 1 repealed, 28 W., c. 1, s 10, and 29 W., c. 13; SS. 2
and 3 repealed, 29 W. c. 13. Remainder, Schedule B.
127|Probate Court....................................... |Provincial.
128|Jurisdiction of justices of the peace in
civil cases....................................... ( {
129|Stipendiary or police magistrates............|Provincial, excepts, 6, part, and SS. 7, 8, 9, 10, 11, 12 and
- 13 part, all which are recommended for repeal.
130|Barristers and attorneys ........................ Provincial.
131|Trusts and trustees .................. ............ ( [.
132|Escheating lands forfeited to the Crown.. ( &
133|Municipalities .......... p * * * * * * * * * . . . . . . . . . . . .-----. Provincial, except as follows:--s. 20 recommended for re-
peal; ss. 56, 57 and 58 recommended for repeal; S 66,
paragraphs 7 and 15 recommended for repeal; SS. 88,
94, 100, 102, 104 and 109 recommended for repeal; S.
114 repealed by 33 W., c. 21, s. 30 (D.) as to Census ;
s. 118 repealed in part by 36 V., c. 49, s 20 (D.) as
to inspection of certain staple articles; remainder of
section 118, in so far as relates to inspection and is
- unrepealed by 36 V., c. 49 (D.), Schedule B; SS, 121
134|Pleadings and practice in the Supreme and 123 recommended for repeal.
135
136
Court......... ....................................
Witnesses and evidence and the proof of
written documents
Juries
Provincial, except part 2, s 6, proviso, which is recom-
mended for repeal.
Provincial, except as to evidence in criminal matters,
and as to s 3, which is superseded by 31 W., c. 76
(D.) and is recommended for repeal; and as to S. 31
which is recommended for repeal See “The Mer-
chant Shipping Act, 1854" (Imp) S. 107, and 36 W .
c. 128, s. 2 (D) Ss. 32 and 33 superseded by 32-33
W., c. 19 (D.) and recommended for repeal; SS. 40–43
superseded by 32-33 W., c. 29 (D.) and recommend-
ed for repeal in so far as respects criminal matters :
s. 44, part consolidated, part Schedule B; SS. 47–50
and s 54 superseded by 32-33 W., c 29 (D.) and re-
commended for repeal in so far as respects criminal
matters; ss. 55 and 57 superseded by 32-33 V, c. 23
(D.) and recommended for repeal V
• ?
vincial, except ss. 51 and 57, repealed by 32-33
**Dºx
Pro
tº e º e º e º is a s tº 3 e s - e > * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
c. 36 (D.)
2343
26
History and disposal of Acts.
REVISED STATUTES,
NOVA SCOTIA.—Continued.
Subject Matter. Remarks.
Relief of insolvent debtors....................... Schedule B. Repealed so far as inconsistent with 32-33
W., c. 16 (D.), and 38 W., c. 16 (D.)
Writ of dower....................................... Provincial.
Partition of lands ............................... { {
Tenancies and forcible entry and detainer
Suits against absent or absconding debtors
Suits against joint debtors.....................
Suits against executors, administrators
and trustees -
* e º 'º e º e º e º e º e s a e º ſº e s is a e º 'º e s tº e º 'º e e s is tº
tº t e º 'º - e º ºs e º 'º º e º e º 'º
Distress for rent, and remedy
Arbitration............................................
Petty offences, trespasses and assaults.....
( {
{ {
{ {
( {
Provincial except as to attestation to affidavits relating
to the transfer and registry of vessels, which
is superseded by 36 W., c. 128 s 19 (D.),
and recommended for repeal.
Provincial.
153
154
155
156
157
158
164
165
166
167
168
169
170
17]
l
7
2
Writ of certiorari
Interpleader..........................................
Protection of justices of the peace
Protection of constables.......... tº e s tº e s e º 'º e º e º &
Madmen and vagrants, and the custody
and estates of lunatics
Liberty of the subject
Limitation of actions
Costs and fees
tº e º a c e º º & © a s e e e º e s s e e º e º 'o º º
* * * * * * * * * * * * * * * * * * * * * * * * * * * * e e
a e e º º e s a s e e e s a a e e s m > * * * * * * * * * c e = e e s tº e º a
Treason ................................................
Offences relating to the army and navy...
Illegal enlistment..................................
Offences against religion
Offences against public morals
tº e s - a e
Offences against the law of marriage
Offences against the public peace............
Offences against the administration of
justice. ........' ......... ........................
Offences against the person
Combinations of Workmen
• * * * * * * * * * * * e s 6 b : e. e. e. e.
Offences against the habitation
Fraudulent appropriations.......... • * * * * * * * * * *
Forgery and offences relating to the coin.
Malicious injuries to property..................
Definition of terms in this title
Administration of criminal justice in the
Supreme Court
• * * * * * * * * * * * * * *
Duties of justices of the peace in criminal
matters -
• e º e e s a e º e º e s is a • * * * * * * * * * * * * * * * * * * * * * * * * * *
Sections 1-10 repealed, 38 W., c. 48, s. 1 (D.); remainder
provincial, except ss. 17-20 and 23–28, which are re-
commended for repeal.
Ss. 1 and 2, Schedule B; s. 3, provincial.
Provi ncial. -
( {
Provincial, except s. 2, part, as to idle and wandering
persons having no visible means of subsistence, and
persons going about to .# alms, which is super-
seded by 32-33V., c. 28 (D) and is recommended for re-
peal, and ss. 10, 11 and 30, which are superseded by
32-33 W., c. 29, ss. 99 et seq. and are recommended
for repeal.
Schedule B.
Provincial.
Provincial, except as to Court of marriage and divorce,
Schedule B. -
Repealed, 33-33 Vº c. 36 (D).
t
Superseded by 33-34 V., c. 90 (Imperial.) Recommended
for repeal.
Ss. 1 and 3 repealed, 32-33 W., c. 36 (D.); remainder
Schedule B.
S. 1, provincial ; s 2, Schedule B ; remainder recommen-
ded for repeal.
Ss. 1 and 2 repealed, 32-33 W., c. 36 (D.); remainder
consolidated.
Ss. 1-4 repealed, 32–33 W., c. 36 (D.); remainder conso-
lidated. -
Repealed, 32-33 W., c. 36 (D.)
( { { {{
Repealed, 32–33 W., c. 36 (D.) so far as inconsistent with
32-33 W., c. 20, s. 42 (D.); and by 35 V., c. 31, s. 5
(D.) in so far as inconsistent with 35 W., c. 31 (D.),
38 V., c. 39 (D.) and 39 V., c. 37, s. 1 (D.) Recom-
mended for repeal.
Repealed, 32-33 V. c. 36 (D).
{ {
( (
{ {
{ {
{ {
{ {
Repealed, except ss. 59-67, 75, 86-91, 94-103, and Sche-
dule by 32-33 W., c. 36 (D.); ss. 59-66 provincial; s.
67 recommended for repeal; s. 75 consolidated ; ss.
86-91 provincial ; ss. 94 and 95 recommended for
repeal; ss. 96-98 provincial ; ss. 99-103 and schedule
consolidated.
Repealed, 32-33 W., c. 36 (D.)
{
2344
History and disposal of Acts. 27
ACTS OF NOVA SCOTIA NOT REPEALED BY REVISED STATUTES
(THIRD SERIES.) -
REVISED STATUTEs (SEcond SERIES.)
ACT OF 1862.
Incorporation and winding-up of Joint
Stock Companies.............................
Schedule B, except s. 19, which is recommended for
repeal. -
A
CT OF 1863.
28
Elections...............................................
Ss. 2-11, 13, 15 and 86 repealed by 27 W., c. 20, s. 1. The
whole superseded as to elections for House of Com-
mons of Canada by 37 V., c. 9, s. 133 (D.) except as
to qualification of voters and formation of voters'
lists, as to which it is now superseded by 48-49
W., c. 40 (D.) Recommended for repeal.
ACT of 1864.
20
Elections............................ e s s sº e º e º & m e º 'º e º e º a
Provincial excépt s. 3 which is recommended for repeal.
[
d.
.# Subject Matter. Remarks.
O
8|Scrutinies............................................. Provincial."
40|Sheriffs............ .................................... { {
63|Surveyors of highways.......................... { {
82|Interest................................................. Ss. 1, 3 and 6 repealed, 36 W., c. 71, s. 5 (D.); s. 2 con-
- solidated ; remainder provincial. -
113|Registry of deeds.................................., Provincial.
115||Descent of real and personal estate ......... { {
ACT OF 1859.
9|Taking of evidence and the registry of
deeds........................ .................... Provincial.
o!!"Tſ
ACT OF 1860.
40|Amending Revised Statutes (Second Se-
ries) c. 63............ • * * * * e º e º 'º e º e º e º e º e º e º e s - e º Provincial.



2845
28
History and disposal of Acts.
*#
STATUTES OF NOVA SCOTIA SUBSEQUENT TO THE REWISED
STATUTES
Subject Matter.
(THIRD SERIES.)

Remarks.
28 WICT, 1865.

:
5
18
20
21
23
24
25
27
To amend certain chapters of Revised
Statutes............................ ... ..........
s
Estates tail............................................
Descent of real property........................
Patents of invention..............................
Revised Statutes 128 amended as to pen-
alty for harboring or aiding desertion
of seamen.......................................
Stipendiary and police magistrates.........
Trusts and trustees (Revised Statutes 131)
Juries (Revised Statutes 136)..................
Absent and absconding debtors (Revised
Statutes 141)...................................
Mercantile law amendment Act...............
Liquor licenses......................................
Provincial railways e e s is e e º e tº e s a s & e º e º sº e e º e s tº ſº e s tº s e e
Revised Statutes, c. 70, amended............
St. Peter's canal....................................
Militia .................. ................................
Elective franchise.................................
Revised Statutes, c. 105, amended—stray
horses.............................................
Security of guarantee companies for
public officers.................................
Agriculture (Revised Statutes, c. 96)......
Salary of the Lieut.-Governor, &c...........
Customs................................................
Excise...................................................
Lighthouses ..........................................
Electoral district No. 34 (Halifax, West).
( { ( & “ 35 (Halifax, East)...
Spring sittings of Supreme Court............
.|Provincial, except s. 10, which is repealed by 29
W., C:
13; S. 13 recommended for repeal; and s. 15, Šćhe.
dule C.
Provincial.
{ {
Repealed by 32-33 W., c. 11 (D.) and 35 W., c. 26 (D.) in
so far as inconsistent therewith or making any pro-
'vision thereby made. Recommended for repeal.
Recommended for repeal.
Provincial.
(t
( {
{{
Provincial, except s. 5, consolidated.
Provincial.
Recommended for repeal.
{ { { {
{ { { {
Effete. Recommended for repeal.
Repealed so far as inconsistent with 31 W., c. 40 (D).
Recommended for repeal.
Provincial, except as regards preparation of lists for Do-
minion Elections, vide 37' W., c. 9 (D.), but impli-
edly repealed by 48-49 W., c. 40 (D.) Recom-
mended for repeal.
Provincial.
( {
{ {
{ {
Effete and recommended for repeal.
( ( , { { { {
{ { ( { ( {
Provincial, but see note to c. 17. Recommended for repeal.
{ { {{ { { - ( {
|Provincial.
{ {
28|Public instruction (Revised Statutes 58).
29|Education......... .................................... { {
30|Mines and minerals................................ { {
.31|Registration of marriages, &c................. { {
32|Validating certain marriages.................. Recommended for repeal.
33|June term of Supreme Court.................. Provincial.
34|Polling district, Digby........................... Provincial, but see note to c. 17: Recommended for repeal.
35|Revised Statutes 95, river fisheries........... Repealed, 38 W., c. 33, s. 4 (D).
36|Supplies............................................... Provincial.
37
to ſ”. Not public general.
84
85|Harbor master at Sydney, Cape Breton...|Recommended for repeal.
86|)
to k ......................................................... Not public general.
110|J
29 WICT — 1866.
1|Windsor and Annapolis Railway............|Provincial,
21Customs duties...................................... Expired. See 30 W., c. 10.
2346
History and disposal of Acts.
29
STATUTES OF NOW A SCOTIA—Continued.

§ Subject Matter. Remarks.
O *
3|Excise duties......... ............................... Effete. Recommended for repeal.
4|Revised Statutes, c. 18, continued till 1867| “. . . . { {
5|Licenses to clergymen ........................... |Provincial.
6|Removal of Sheriffs.. .............................. { {
7|Spring sittings of Supreme Court............ ( ( -
8|Quarantine (Halifax)............................. Repealed, 31 W., c. 63, s. 15 (D.)
9|Mines and minerals................................ Provincial.
10|Trespasses to Crown lands..................... { { -
11|Equity procedure .................................. Prº except s. 15, part, which is recommended
'or repeal.
12|Limitation of actions.............................. Provincial, except s. 15, which is put in Schedule B.
13|Court of marriage and divorce ............... Schedule B. except s. 12 recommended for repeal.
14|Maintenance of bastards ........................ Provincial.
15|Trustees................................................ { {
16|Partition............................................... { {
17|Oaths of allegiance................................. Recommended for repeal.
18|Provincial railways .............................. { { { {
19|Malicious injuries to property.................. Repealed 32-33 W., c. 36 (D.)
201Crown lands...... .................................. Provincial. -
21|Obtaining possession of Crown lands...... { {
22|Provincial Stock farm ...... ..................... { {
23|Liquor licenses............. • * * * * * * * * * * * * g e º e { { º
24|Exportation of goods and drawback........ S. l repealed, *}; c. 12. Remainder repealed, 31 W.,
c. 6, s. 138 (D.
25|Preservation of roads............................. Provincial.
26|Mines and minerals................................ { {
27|Pilotage, harbors, &c. ............................ { {
28|Solemnization of marriages, &c............... Proº º ss. 33 and 37, which are recommend-
ed for repeal. -
29|Diseases of horses and cattle .................. supººl by 32-33 W., c. 37 (D.) and recommended for
repeal.
30|Education............................................. Brovincial.
31 “ ............................................. { {
32|Sale of school houses.............................. ( &
33|Protection of married women.................. { {
34|Militia................................................... Repealed so far as inconsistent, 31 W., c. 40 (D.) Re-
commended for repeal.
35|Deep sea fisheries.................................. . Repealed by 49 W., c. 114, S.2 and schedule.
36|River Fisheries........... ........................... Repealed, 38 W., c. 33, S. 4 (D.)
37|Seizure of arms and munitions of war...... Repealed, 32-33 W., c. 36 (D.)
38|Treason......... ....................................... Repealed, 32-33 W., c. 36 (D.)
39|Terms of Supreme Court........................ Frovincial. -
40|Titles, Cape Breton................................ { {
41|Supplies................................................ { {
42
tol H ......................................................... Not public general.
48
49 sº county of Halifax.................... Ss. 2 and 3 recommended for repeal. Remainder pro-
vincial.
50 -
to l e e o e º e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e s s e e s s is s s e e º a Not public general.
69||
70
71
to
116
e e º e º 'º e = * * * * * * * * * * * * * * * * * * * * * * * * * is e. e s e º e º e º ſº tº se e s is e º e s e º e
Recommended for repeal.
Not public general.
30 WICT.-1867.
Public officers.......................................
Duration, &c., of Legislative Assembly...
Executive and legislative disabilities
Government railways
{ { * {
* @ e º 'º º
* * * * * * * * * * * * * e º s e e º e º e s : * * * *
e e º e o e º a s e e º e s is e º e º e º e º e º e a
( {
{ {
( * ,
{ {
e - © e º e º e º dº º e g º º s º ºs e & tº e º 'º e º a
• e º e º e s e e º e º s e s is e s - e º s e º e º -
Provincial.
{ {
{ {
( :
{ {
( {
{ {
{ {
234.7
30 History and disposal of Acts.
STATUTES OF NOW A SCOTIA.—Concluded.
3. -
.# Subject Matter. Remarks. e
O
9|Excise Acts continued till 1868............... Repealed by 31 W., c. 8, s. 1 (D).
10|Customs “. ..................... & e = w is a { { “. . c. 7, s. 19 (D).
11|Lighthouse duties................................. Effete. Recommended for repeal.
12|Exportation of goods, &c....................... Repealed by 31 W., c. 6, s. 138.
13|Army and navy offences........................ Repealed by 32-33 W., c. 36 (D).
14|Refining of sugar and manufacture of -
tobacco........................................... So much as relates to manufacture of tobacco repealed,
º 31 W., c. 8, s. 1 (D). Recommended for repeal.
15|Partition............................................... Provincial.
16|Mines and minerals................................|Provincial, except ss. 2, 3, 6 and 7, which are recom-
mended for repeal.
17|Elections............................................... Superseded by 37 W., c. 9 (D.) as to elections for House
of Commons of Canada, and see 48-49 W., c. 40 (D.)
Recommended for repeal.
18|Registration of marriages....................... Provincial.
19|Amending certain chapters of Revised
Statutes.......................................... ( {
20|Practice of Supreme Court..................... ( {
21|Terms of Supreme Court........................ { {
22|Division of voters’ lists legalized............ { {
23|Highway labor....................................... { {
24|Provincial exhibition............................. { {
25|Militia......... ............................. ............ Repealed, so far as inconsistent with 31 W.; c. 40 (D.)
Recommended for repeal.,
26|Sale of School houses............................. Provincial.
27|Public land revested in the Crown........... Schedule B.
28|Public lands, Lunenburg, for military pur-
POS&S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . { {
29|Agriculture. .......................................... Provincial.
30|Support of the poor................................ { {
31|Lunatic asylum...................................... { {
32 Game law............................................. Provincial, except s. 7, Schedule B.
33|Education ............................................. Provincial
34|Inspection of petroleum.......................... Repealed, 31 W., c. 50, s. 21 (D).
35|Supplies................................................ Provincial.
36|| •
to j • * * * * * s is a e s s e s tº e º a e e s m e º 'º - 9 & e e s e e º e º e s e e º e s ∈ e º e º e e s a e e s sº it Not public general.
81|.
82
to } • * * * * * * * * * * * * * * * * g e e º e º e º e º e s e e e s e e º e s s a e e º e º e e s a e s a s e e a tº Local and provincial.
89
100|River Philip harbor................................ Recommended for repeal.
101
to l k ......................................................... Local and provincial.
11
2348
NEW BRUNSWICK.
Revised Statutes, 1854, Vol. i.
Public Statutes, 1854, Vol. ii. (unrepealed Acts.)
Local and Private Statutes 1855, Vol. iii. (unrepealed Acts.)
17 Vict.—1854.
18 Wict.—1854.
18 Vict.—1855.
19 Wict.—1856.
20 Wict.—1856.
20 Wict.—1857.
21 Wict.— 1857
21 Wict.—1858.
22 Wict.—1859.
23 Wict.— 1860.
24 Vict.—1861.
25 Wict.—1862.
26 Wict.–1863.
27 Wict.—1864.
28 Wict.—1865.
29 Wict.—1866.
30 Wict.—1866.
30 Wict.—1867.
REVISED STATUTES OF NEW BRUNSWICK, VOL. I.
e dºmeă
i2I
Subject Matter.
Remarks.
Division of the Province into counties and
;
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
parishes
Grounds and enclosures around the public
buildings in Fredericton
Land belonging to Government house. ...
Land for mi itary Plll pOS6S . . . . . . . . . . . . . . . . . . . . .
Territorial and Crown revenue...............
Recovery of certain Crown debts............
Adjustment of certain debts due to and of
claims against the Crown. ...............
Commutation of certain Crown debts......
Sale of Crown lands in certain cases.......
Granting of mill reserves in certain cases.
Escheat of mining leases and mill reserves
Trespasses to lands and other property of
the C
Fees of certain public officers..................
Ordinary revenue...................................
Export duty on lumber...........................
Sales by auction....................................
Pawn-brokers
Duties on distilled spirits........................
Buoys and beacons.................................
* * * * * * tº e º 'º º tº e º ºs e tº
e = * * * * * * * * e º is e º a s g g g º e s is e s is e º ºs e = e e s a e º e
Regulation of lighthouses.......................
Passengers and head money....................
Sick and disabled seamen.......................
Charlotte county exemptions from duties.
Wrecked property..................................
lmportation of books and protection of the
British author.................................
Provincial.
Recommended for repeal.
( { { {
( ( { {
{ { { {
Provincial.
{ {
( {
{ {
Repealed, 20 V., c. 7 (1857).
Provincial.
Recommended for repeal.
Provincial.
Repealed, 18 W., c. 2 (1855).
Provincial.
Provincial, except s. 7, recommended for repeal.
Provincial, except s. 3 part and S. 4, consolidated,
Repealed, 23 W., c. 20.
Ss. 2, 3 and 6 repealedeby 23 W., c. 23. Whole Act re-
pealed by 26 V., c. 4.
Ss. 7–10 and 16 recommended for repeal; ss. 11 and 12
repealed by 21 W., c. 12 (1858); ss. 1-6 and 11-15
repealed by 31 W., c. 59 s. 15. (D).
Repealed, 24 V., c. 4 (1861).
S. 3 repealed, 20 V., c. 1 (1857). Whole Act repealed, 31
W., c. 64, s. 15 (D).
Superseded by 31 W., cc. 7 and 44 (D.) Recommended
for repeal.
Repealed, 36 W., c. 55 (D).
Repealed so far as inconsistent by 31 W., c. 44 (D).
Recommended for repeal.
2349
32
History and disposal of Acts.
REVISED STATUTES, NEW BRUNSWICK.—Continued.
Q4
3 Subject Matter. Remarks.
C
26|Management of the treasury department. Expired.
27|Dutiable goods, payment of duties and
entries............................................. Repealed, 31 W., c. 6 (D).
28|Warehousing goods................................ ( { { {
29|Seizures, forfeitures and modes of proceed- { { { {
1119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * At e s e s s a • * * * * * *.
30|Certain salaries.................................... Ss. 1-3 recommended for repeal. Remainder provincial.
31|Navigation of the river St. John.............. Expired. •
32|Salt mines................................ tº e º q is tº ſº e º e º e & Provincial.
33|Insuring the legislative library............... { {
34|Interest on treasury warrants................. ( {
35|Quit rents............................................. { {
36|Desertion from Her Majesty’s forces......... { { -
37|Soldiers of the revolutionary war............ Recommended for repeal.
38|Encouragement of agriculture............... Provincial.
39|Granting lands under special circumstan-
C&S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tº e º e º e º e º & { {
40|Post office............................................. Repealed, 31 W., c. 10 (D); and again by 38 W , c. 7 (D).
41|Auditing the public accounts.................. Repealed, 31 W., c. 5, (D) so far as inconsistent. Recom-
- mended for repeal. -
42|Municipal authorities............................. Provincial.
43|Election of councillors........................... { {
44|Qualification of voters and councillors..... { {
45|Council and its officers.......................... e { {
46|Firewards... ................. tº e e s is e º e º ſº tº e s is a e º 'º a s e º e º e ( {
47|Penalties and forfeitures ........................ Provincial, except ss. 1 and 2, recommended for repeal.
48|Board of education and officers............... Provincial.
49|Duties and powers of the board, the super-
intendent and other officers.............. { {
50|Training and model schools .................. ë { {
5l/Teachers......... ...................................... ( (
52|Parish and county officers....................... Provincial, except ss. 1 and 8, recommended for repeal.
53|Rates and taxes .................................... Provincial, except s. 2 recommended for repeal.
54|Buildings, offices and school reserves...... Provincial.
55|Contingencies and accounts.................... { {
56|Actions against officers, and recovery of
penalties. ....................................... { {
57|Bastardy............................................... { {
58|Infectious distempers. ......... .................. Proº except part of s. 3, which is repealed by 31
., c. 63 (D.
59|Preventing fires......... ........................... Provincial. )
60|Harbors................................................. Recommended for repeal.
61|Fences, trespasses and pounds............... Provincial.
62|Protection of sheep and moose............... { { -
63|Dams, sluiceways and fishways............... Provincial, except ss. 5, 6 and 7 which are recom-
mended for repeal.
64|Rules and regulations ................. • - - - - - - - - - Provincial, except as follows:--S. 1, sub-s. 2 recommen-
ded for repeal ; sub-s. 11, recommended for repeal ;
sub-s. 14 repealed as to Charlotte County by 26, W.,
c. 36, and wholly repealed by 36 W., c. 54, S. 92 (D.);
sub-ss. 15 and 16, recommended for repeal; Sub-S8.
24 and 31, Schedule B; sub-s. 32, repealed by 36 W.,
c. 49, s. 20 (D.)
65|Great roads.................. ........................ Provincial.
66|Highways... ...................... •e- - - - - - - - - - - - - - - - - - { {
67|Sewer commissioners.............................. ( {
68|Marsh lands and commissioners for West-
moreland and Albert, excepting the
parish of Sackville........................... { {
69|Commissioners for the parish of Sackville. { {
70|Undivided districts in Sackville.............. { {
71/Penalties............................. .................. ( {
72|Common sewers in the City of Saint John. ( &
73|Battalions, regiments and companies and
the commander in chief.................... Repealed by 25 V., c. 20.
74|Commanding officers of battalions and
regiments ....................................... { { { {
75|Captains and Subalterns ........................ { { { {
2350
History and disposal of Acts
33
REVISED STATUTES, NEW BRUNSWICK.—Continued.
*ă
76
77
78
'79
80
8]
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
10'7
108
109
110
111
112
113
114
115
116
117
118
119
J.20
121
122
123
124
125
126
127
128
129
I30
Subject Matter. Remarks.
Aliens........................ ......... ......... ......... Rep aled by 25 V., c. 20.
Courts martial....................................... Repealed so far as inconsistent by 31 W., c. 40 (D.)
Recommended for repeal.
Exempts................ ...................... ........" Repealed by 25 V., c. 20
Militia men............... ............................ ( { - ( (
Fines, mode of recovery and application. { { { {
Militia of St. John.................................. { { { {
Artillery and sea fencible companies....... * { { {
Suspension of certain sections................. ( { { {
Naturalization of aliens .......................... Repealed, 24 V., c. 54.
Indian reserves............ .......................... Repealed, 31 W, c. 42 (D.)
Regulations for Seamen.......................... Repealed, 36 W., c. 129 (D.)
Regulations for shipping seamen at the -
port of St. John............................... Repealed, 36 W., c. 129 (D.)
Management of the estates of lunatics...... Provincial.
Dangerous lunatics................................. { {
Provincial lunatic asylum...................... ( &
Provincial penitentiary............ ............... Repealed, 31;V., c. 75, s. 1 (D.) and 38 W., c. 44, S. 1 (D.), so
far as inconsistent, and wholly by 46W., c.37, S.80 (D.)
Regulation of sales of lime....................... Schedule B.
Measurement of firewood and bark. ......... { {
Inspection of flour and meal.................... Repealed, 36 V., c. 49, s. 20 (D.)
Weights and measures................... ......... Repealed, 36 V., c. 47, s. 52 (D.)
Survey and exportation of lumber............ Schedule B.
Board of health for the city and county of
St. John.......................................... Provincial.
Controverted elections........................... Repealed as to elections for House of Commons of Can-
ada by 36 V., c. 28, s. 57 (D.); s. 16 recommended
for repeal.
Navigation of the internal Waters............ Recommended for repeal.
Treaty of Washington............................ { { ( &
Sea and river fisheries ........................... Repealed by 26 W., c. 6, s. 28.
Interest and usury...... ........................... Repealed by 22 W., c. 21.
Gambling transactions........................... Provincial.
Regulations among proprietors of islands { {
Injuries to lands in the vicinity of the
River St. John................................. { {
Marriage................................................ { {
Church of England................................. { {
Relief of Roman Catholics...................... { {
Nova Scotia grants................................. { {
Wills..................................................... ( &
Intestate estates........................... ......... { {
Registry of deeds and other instruments. ( {
Judgments, executions and proceedings
thereon.......................................... { {
Real and personal property of married
WOD16D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . { {
Estates tail............................................ { {
Bills, notes and choses in action.............. S. 1 repealed by 22 W., c. 22; s. 3 repealed by 30 V., c.
Joint tenancy and tenancy in common......
34 (1867); 's. 4 consolidated; s. 2, Schedule B.
Provincial.
Letters patent for useful inventions......... Repealed, 32-33 W., c. 11, s. 52 (D.) and 35 V., c. 26,8.
52 (D.) so far as inconsistent. Recommended for
repeal.
Corporations......................................... Schedule B
Banking........... ...................................... Schedule B, except s. 3, which is recommended for
- repeal.
Limited partnerships............................. Proß.
Damaged goods..................................... Schedule B.
Frauds and perjuries.............................. Provincial.
Insolvent confined debtors..................... Schedule B, except s.9, which is repealed by 26 V., c. 10.
Absconding, concealed or absent debtors|Provincial, excepts. 23, which is recommended for repeal.
Landlord and tenant and replevin........... Provincial.
Habeas corpus,...................................... Schedule B.
Adverse claims...................................... Provincial.
Protection of justices............................. { {
Protection of constables........................ { {
2351
History and disposal of Acts.
REVISED STATUTES, NEW BRUNSWICK.—Concluded.
*===i
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
. 160
Subject Matter. Remarks.
Office of sheriff...................................... Provincial.
Coroner's inquests................................. Provincial, except s. 2, Schedule C.
Trespasses on lands, private property and
lumber. .......................................... Recommended for repeal.
Minors and apprentices ........................ Provincial.
Physicians and surgeons........................ { {
Estates of deceased persons.................... { {
Jurisdiction of justices in civil suits........ { {
Summary convictions............................. Repealed by 32-33 W., c. 36 (D) except s. 22, which
is recommended for repeal.
Limitation of actions in respect to real
property.......................................... Provincial. Q
Limitation of personal actions................. S. 2, Schedule B. Remainder provincial.
Joint debtors......................................... Provincial.
Set off................................................... { {
Offences relating to the army......... ........ Repealed, 30 W. (1866) c. 9.
Offences against religion........................ S. 1 superseded by 32-33 W., c. 20, s. 37, and recom-
mended for repeal. Remainder Schedule B.
Offences against public morals and decency S. 1 provincial ; ss. 2 and 3 Schedule B; s. 4
Offences against the law of marriage
Offences against the public peace............
Offences against the administration of
justice............................... .............
Homicide and other offences against the
Del'SOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences against the habitation
Fraudulent appropriations.....................
Forgery and offences relating to the coin
Malicious injuries to property..................
Other felonies.......................................
Definition of terms and explanations........
Proceedings before indictment.................
Recognizance in criminal cases...............
Proceedings on indictment.....................
e e e º e s & e s tº e º s e º e º e º is a e = e s is e e º 'º s e s e e º a t < e < e s s e e s = e g º s
\
Error, punishment and expenses..............
Terms, explanations and general provis-
a tº e s tº º e º is e e º e s is a tº ſº tº e º 'º e º a º & c. e º e s e e º e s a s ∈ is a e e s e º 'º
superseded by 32-33 W., c. 28 and recommended
for repeal; part of s. 5, which excepts therefrom the
fishery draft in the city of St. John, is repealed by
25 V., c. 50 ; remainder recommended for repeal.
S. 1 repealed by 27 W., c. 4; ss. 2 and 3 consolidated;
remainder provincial.
Ss. 1–5 repealed by 32-33 W., c. 36 (D); remainder con-
solidated.
Repealed by 32-33 W., c. 36 (D).
( (
{ {
& C
( &
{ { { {
{ { ( &
Repealed by 32-33 W., c. 36 (D.) except s. 16, which is
recommended for repeal.
Repealed by 32-33 Vº c. 36 (D).
{ { s
S. 17 provincial ; ss. 18, 20 and 22 recommended for re-
peal ; remainder repealed, 32-33 W., c. 36 (D).
Consolidated.
S. 8 repealed by 27 W., c. 4. Whole chapter repealed by
32-33 W., c. 36 (D.), except Ss. 3 and 23, which are
recommended for repeal.
S. 15 repealed by 27 W., c. 4. Whole chapter repealed
by 32-33 W., c. 36 (D.), except SS. 10, 22–26 and part
of s. 27 and Form U in Schedule; ss. 22, 23, 24 and
Form U consolidated ; remainder recommended
for repeal.
S. 1 consolidated ; ss. 8, 9 and 10 recommended for
repeal; ss. 11, and 12, provincial ; remainder re-
pealed, 32-33 W., c. 36 (D).
Schedule B, except part of s. 30 from the word “false ’’
in line 18 to the end of the section, which
part is recommended for repeal.
1-14, Schedule B. Remainder recommended for
repeal.
Provincial, except so much as relates to fees on patents
of invention, which is repealed so far as inconsist-
ent with or making any provision in any matter
rovided for by 32–33 W., c. 11 (D.) and 35 V., c. 26
D.) and is recommended for repeal.
Ss.
2352
tº
History and disposal of Acts.
PUBLIC UNREPEALED STATUTES, NEW BRUNSWICK.—WOL. II.
PUBLIC GENERAL ACTS UNREPEALED BY THE REVISED STATUTES.
Chapter. Subject Matter. Remarks.
8 V., c. 1|Ordnance lands.................................... Recommended for repeal.
9 W., c. 73 { { “ ..................................” Ss. 1, 2 and 4 recommended for repeal; S. 3
*. provincial.
32 G. 3, c. 9|To restrain all persons concerned with
collection of impost duties from own-
ing any vessel, &c........................... Recommended for repeal.
6 W., c 2. Payment of interest on treasury warrants|Provincial.
2 W., c. #} Prompt payment of all demands on trea-
12 W., c. 20 Sully . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . { {
15 W., c. 45|Fees on militia commissions.................... Recommended for repeal.
6 W. 4, c. 14|Reporting decisions of the Supreme Court Prº except s. 2, which is not public
€Ilê18,1.
13 W., c. 12 { { { { “...... Proß.
15 V., c. 85|Establishing legal tender. ...................... Repealed,31W., c.45 (D.) and also by 34.V., c.4. (D)
16 W., c. 33 { { “ . . .................. ( & { { ( &
58 G. 3, c. 24|Exclusion of certain persons from Assem-
bly.......... .... ......................... • - - - - - - - - - Provincial.
11 V., c. 65|Elections............................................... Provincial. Repealed by 18 W., c. 37.
12 V., c. 70 Vacating seats in certain cases............... Provincial.
16 V., c. 34|Polling places, Carleton.............. . . . . . . . . . . Provincial. Repealed by 18 W., c. 37.
16 V., c. 35|Polling places, Northumberland.............. { { { {
7 W., c. 51|County of Carleton (division of)..............|Provincial.
16 V., c. 69|Coast fisheries....................................... Repealed by 49.W., c. 114, s. 2 and schedule.
6 G. 4, c. 4|Encouragement of Savings Banks........
6 W. 4, c. 52|Savings Bank, St. John .....................
4.W., c. §
§§ º º Savings Bank...................................... Recommended for repeal.
10 W., c. ¥) |
15 V., c. 58|Savings Bank, St. John.......................
45 G. 3, c. 12|Grammar Schools................................... Provincial.
56 G. 3, c. 15 { { • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ( &
4 G. 4, c. 33|College of New Brunswick...................... ( (
9-10 G.4, c. 29|King's College and Grammar Schools..... { {
5 W. 4, c. 30|Grammar Schools.................................. { {
6 W. 4, c. 10|King's College and Grammar Schools..... ( &
6 W. 4. c. 54|King's College lands.............................. ( &
8 V., c. 111|King's College...................................... ( &
1 W., c. 20 Grammar Schools......... ... ..................... { {
2 V., c. 16 “ ….......................... { {
3 W., c. 10 “ . ................................. { { .
9 V., c. 74|King's College...................................... ( .
9 V., c. 60|Grammar Schools ................................. ( &
10 W, . c. 8 “. .................................. ( {
13 W., c. 21 “ .................................. ( &
13 W., c. 62|N. B. Society for encouragement of agri-
Culture, &c...................................... { {
14 V., c. 8 & C { { ( &
15 W., c. 8 { { { { tº E tº ( :
10 V., c. 32|To encourage raising and dressing of hemp { {
14 W., c. 1|European and North American Railway. { {
15 W., c. 41 ( { ( & * * { {
16 W., c. 2 ( & { { ( &
16 V., c. 3 { { { { ( &
17 W., c. 68 ( & ( { ( &
6 W. 4, c. 31||St. Andrews and Quebec Railway........... { {
7 W. 4, c. 38 ( & “ ............ { {
10 V., c. 27 ( { “. ............ ( &
10 V., c. 84|Railway from St. Andrews to Woodstock { {
11 V., c. 43|To empower justices to sell certain lands. { {
11 W., c. 48|St. Andrews and Quebec Railway........... { {
ll W., c. 63|Railway from St. Andrews to Woodstock {{
12 V., c. 60|St. Andrews and Quebec Railway. ......... ( (
12 V., c. 74|Railway from St. Andrews to Woodstock
With branch to St. Stephen............... ; ;
36
t;
History and disposal of Acts.
PUBLIC UNREPEALED STATUTES, NEW BRUNSWICK.—VOL. II.
Concluded.
Chapter. Subject Matter. Remarks.
13 W., c. 1|St. Andrews and Quebec Railway........... Provincial.
14 W., c. 36 ( { “. ........... { {
15 W., c. 55 { { “. ........... { {
16 W., c. 50 ( & “. ........... { {
17 W., c. 42 { { “. . ........... “
31 G. 3, c 5. Marriage and divorce, incest, &c............ Ss. 1, 2 and 3 superseded by Revised Statutes;
s. 4 repealed 52 Geo. 3, c. 21; s. 6 repealed 6
Wm. 4, c. 34; s 8 repealed 12 W., c. 29;
remainder repealed so far as inconsistent
there with by 23 W., c. 37, s. 18; ss. 5, 9 and
4 W.4, c 30 10, Schedule B.
6 Wº c34). |Marriage and divorce............................. Repealed by 23 W., c. 37, s. 18.
10 W., c. 38
26 G. 3, c. 20. Evidence by depositions ........................ Prº except s. 6, which is recommended,
or repeal. -
60 G. 3, c. 7|Sittings of Supreme Court ............. • - - - - - - - Proº
8 G, 4, c. 2Proceedings against privileged persons...|Provincial, repealed by 24 V., c. 12.
2 W. 4, c. 20 Service of writs of Scire Facias.............., Provincial.
5.W. 4, c. 34|Witnesses in Supreme Court...................|Provincial, except s. 4, which is recommended
for repeal.
5.W. 4, c. 37|Supreme Court...................................... Proº
3 W , c. 51|Affidavits in Supreme Court................... { {
3 W., c. 63|Replevin............... . . . . . . . . ... --------. . . . . . . . . . . . . { {
3 W., c. 65|Proof of Records and Letters Patent....... ( (
10 V., c. 1|Easter Term Supreme Court................... ( &
12 W., c. 39|Amendment of the law........................... Provincial, except parts of ss. 5 and 9, which are
recommended for repeal ; and s. 23, Sche-
- dule B.
12 V., C 40|Summary actions .................................. Provincial, repealed, 30 V., c. 10 (1867).
13 W , c. 32|Amendment of the law........................... { { -
13 W., c. 33|Abbreviation of names in proceedings...... { {
13 W., c. 37|Proof of certain documents where foreign
corporations are parties.................... { {
14 W., c. 2 Service of non-bailable process............... ( &
14 V., c. 3|Competency of witnesses........................ { {
14 W., c. 20 Amendment of the law........................... { {
4 G.4, c. 18|Civil procedure...................................... Provincial, repealed, 30 V., c. 10 (1867.)
5 W. 4, c. 29|Actions in inferior courts of C. P............ { { { { { {
13 W., c. 47 { { “. ............ ( { ( { { {
16 W., c. 22 { { ‘‘ Westmoreland { { { { { {
}}|M. º. ft.)
#y. :#|ſuries.” Repealed by 18 W., c. 24 (1855).
13 W., c. #|
14 V., c. 25|Grand juries.......................................... ( { { { { {
5 W. 4, c. 43|Inspection of dry and pickled fish........... Repealed by 36 W., c. 49 s. 20 (D.)

LOCAL AND PRIVATE UNREPEALED STATUTES, NEW BRUNS-
WICK.—WOL. III.
5 G. 4, c. 24
3 W. 4, c. 21
4 W. 4, c. 8
3 W., c. 70
3 V., c. 81
7 W., c. 22
7 W., c. 37
Il V., c. 31
12 V., c. 52
14 W., c. 11
Harbor, St. John
Infectious distempers, St. John
{ { ( &
Pilotage.................. .............................
Wharves, harbor of St. John
Nuisances, city of St. John....................
Navigation of river and harbor of St. John
Pilotage................................................
Navigation, river and harbor, St. John...
{ { { { -
Recommended for repeal.
( & { {
( ( { {
Repealed, 36 W., c. 54, S. 92 (D).
Repealed by 27 W., c. 18.
Provincial, except s. 3, Schedule C.
Recommended for repeal.
{
{ {
{ {
{ {
{ {
2854
History and disposal of Acts.
7
©
& )
LOCAL AND PRIVATE UNREPEALED STATUTES, NEW BRUNs.
WICK.—WOL. III —Concluded.
Chapter. Subject Matter. Remarks.
16 W., c. 18||Navigation, river St. Croix.................... Expired.
16 W., c. 39|To º: the herring fishery in Parishes
of Grand Manan, West Isles, &c........ Recommended for repeal.
17 W., c. 3|Buoys and beacons in bay and harbor of
Miramichi............................ .... ...... Repealed by 23 W., c. 6.
17 W., c. 9|Marine hospital, port of Bathurst............ Recommended for repeal.
10 W., c. 83|For the regulation of benefit building
Societies.......................................... Schedule B.
+he
NotE.- The remaining Acts printed in this
references to them are omitted.
volume are either provincial or not public general, and
STATUTES OF NEW BRUNSWICK, SUBSEQUENT TO THE REWISED
- - - -º-º-º-º: - - - - -
STATUTES. -
17 WICT.-1854
1|Ordinary revenue.................... ............... Repealed, 18 W., c 2.
2|Funded debt, N.B .................................. Provincial.
3 Appropriation of ordinary I'êY €D U16 . . . . . . . . .
4| ‘‘ ‘‘ . . . . . . . . .
5|Roads and bridges................................. ( &
6|Parish Schools ........... .................. ......... ( &
7|Agriculture.......... • a e e e º e º 'º a s s e e g e º e º e s e º 'º - e º e º e e º a Provincial, repealed 25 V., c. 23.
8|Municipal authorities..................... ......... ( & • * W., c. 37.
9|Steam navigation................. ........ ......... Expired.
10||Dry and pickl d fish.............................. iRepealed by 36 W , c. 49, s. 20 (D.)
11|Townships and parishes.......................... | Provincial.
12|Town and parish officers ........................ ;Schedule B.
13|Qualification of freeholders in certain
C&SCS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Provincial, repealed, 18 W., c. 37.
14|Polling places........................ ............... { . { {
15|Sale of spirituous liquors ....................... Provincial, expired.
16|Publication of Revised Statutes.............. Provincial, effete.
17|King's College at Fredericton................. ( . { {
18|Administration of justice in equity........., |Provincial.
19|Circuit courts, &c. ........................ ......... * *
20|Proceedings before justices in civil suits. ( (
18
VICT –1854.
To give effect to Reciprocity Treaty
:
of duty
Establishment of municipalities
Expenses of Legislature
• , s , , s , , , , s = < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
18
To relieve certain articles from payment
Effete. Recommended for repeal.
Repealed so far as inconsistent by 31 W., c. 7 (D.)
Recommended for repeal.
Repealed, 19 V., c. 37.
Provincial.
Not public general.
WICT.—1855.
1|To appropriate part of revenue to the pat-
riotic fund
3|Supplies
2|Duties for raising a revenue...................
a s a e º e s e e s e º e º s e e s s v c < * * * * * s • * * * * a s e º a tº e < * * * * * *
Provincial.
Repealed 22 V., c. 1.
Provincial.
70%
2.355
38
History and disposal of Acts
STATUTES OF NEW BRUNSWICK.—Continued.

a.
.# Subject Matter. Remarks.
O
4 -
tol ) To continue certain Acts..................... 4 and 6 expired; 5 provincial.
{} -
7|Public works..................... ................... Provincial.
8
Magaguadavic.................................
18|Highways.............................................
19|Repairs of bye roads and bridges............
20|Supplies .................... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
21|Opening and repairing roads..................
22|Amendments to Revised Statutes............
23|Spirituous liquors...................................
24 Jurors................................ ..................
25iService of process...................................
26. Trespasses on lands and lumber..............
27|(}ontinues certain Parish School Acts......
28|Regulation of lighthouses.......................
29Sick and disabled seamen.......................
30|Post office.............................................
31|Public accounts....................................
32|Continues 6 W. 4, c. 14...........................
33|Encouragement of agriculture.................
34 Granting of mill reserves........................
35|Preventing fires....................................
36|Intoxicating liquors, unlawful importation
37|Election of members..............................
* * * * * * * * * * g e e º a tº e s e e º e º e º e º e º sº e s w is a c e s e e º e s a s
Line of Great Road Trout Brook bridge to -
- Repealed, 22 V., c. 11.
..|Provincial. - -
Not public general.
|Provincial.
Provincial, repealed by 25 V., c. 2
Provincial, repealed by 20 V., c. 7 (1857).
Provincial.
Repealed, 20 V., c. 1 (1856).
Provincial ; repealed as to elections for House of Con
mons of Canada by 37 V., c. 9, s. 133 (D), except as
qualification of voters and formation of voters' list
Recommended for repeal.
Ss. 2, 3 and 4 repealed by 20
Not public general. - -
Repealed by 25 V., c. 16.
Provincial.
{
( (
Provincial, except s. 6, Schedule B.
Expired. .
Provincial, except ss. 11, 13, 14 and 15, which are recon
mended for repeal, and s. 17, Schedule B.
Provincial, except portions of s. 4, which is recommende
for repeal.
Recommended for repeal.
Expired.
Repealed by 21 W., c. 12.
Repealed, 31 W., c. 64, s. 15 (D).
Repealed, 31 W., c. 10, s. 2 (D.) an
Provincial.
3.
Now superseded by 48–49. W., c. 40. (D).
mended for repeal.
Not public general.
d 38 V., c. 7, s. 2 (D
Recor
v., (1857), c. 16, and al
76 * and minerals................................
by 21 (W. (1858), c. 21; ss. 9 and 14 repealed by .
W. (1858), c. 21; s. 5, last two lines recommendº
for repeal; s. 8 repealed by 31 W., c. 63, s. 15 (D.):
so much as authorizes the board to regulate or pr
hibit the ingress of vessels to any port or pla
within the district under its jurisdiction; S. 10 r
pealed all but last line by 31, W., c. 63, S. 15 (D.
s. 12 from “and” in line 4 to the end of the sectio
recommended for repeal; remainder provincial.
Not public general.
Provincial.
Not public general.
Provincial.
19 WICT.-1856.
1|Supplies................................................
2|Hacmatac knees, duty on, repealed........ &
3|Repair of roads and bridges................... º
History and disposal of Acts. - 39
STATUTES OF NEW BRUNSWICK.—Continued.

Subject Matter. Remarks.
4 -
to] } .............. tº e s s a e º 0 ° 4 & 6 s e º e º e º e º u e º a e º e º e • * * c s e e º is a tº º Not public general.
14
15|Provincial railways,............................... Recommended for repeal.
16|Funds for construction of railways.......... Provincial.
17|Lands for railway purposes.................... Recommended for repeal.
18|Impost for railway purposes.................... { { { {
19|............................................. ............... Not public general.
20|Savings bank and provincial loan............ Provincial. -
2llpatents.............................. tº Q & Q & G G & © tº 6 & º e º e º 'º tº Repealed so far as inconsistent, 32-33 W., c. 11, s. 52 º:
35 V., c. 26, s. 52 (D.). Recommended for repeal.
22|Division between Northesk and Nelson....|Provincial.
23|Court of C.P. and Gen. Sess., Gloucester. { {
24 -
; } tº e º 6 º' - e º a tº e º e º s e e s sº e s e e s a e e º 'º a a e e s is e º e º e s e º e º e º e s e º e º e º 'º Not public general.
3 ar
33 Supplies................................................ Provincial.
34|Roads and bridges................................. “
35|Collection of the revenue........................|Recommended for repeal.
36|Exportation of saltpetre, &c., used in manu
- facture of military and naval stores. { { { {
37|Municipalities......................................., |Provincial.
38|Local government of parishes........ ......... { {
39|Militia.................... * . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed by 25 V., c. 20.
40|Terms of Supreme Court........................ Provincial.
41|Amendment of the law........................... Provincial, except as to evidence in criminal matters.
and as to S. 8, which is recommended for repeal,
see “The Merchant Shipping Act, 1854,” (Imp.) s.
107 and 36 W., c. 128, s. 2 (D.) S. 2 part consoli-
dated, part Schedule B; ss. 9 and 11 superseded by
32–33 W., c. 19, s. 34 (D.) and recommended for re-
peal ; ss. 12-19 superseded by 32-33 W., c. 29 (D.)
and recommended for repeal in so far as respects
criminal matters.
42|Liberty of the subject (Habeas Corpus)...|Schedule B.
43|Jurisdiction of justices in civil suits......... Provincial.
44|Registration of deeds............................. { {
45|Insurance companies.............................. Repealed, 31 W., c. 48, s. 24 (D.)
46|Ordnance lands..................... ...... ......... Recommended for repeal.
47|Banking (R.S., c. 120)................... ......... Schedule B.
48|Salaries (R.S., c. 30)............ * * * s • * * * * g g º e s tº * * Provincial.
49|Contingencies (R.S., c. 55)...... • e º a tº e s - e. e. e. e. e. e. e. { {
50
to k ......... ... , sº t e º e s tº * * * * * * * * a e s s e º e s tº w s e e s e s ∈ a • * * * * * * * * * * Not public general.
56
57|Summary convictions in parish of Port-
| - land........................... - - - - - - e s - e < * * * * * * * * * * Schedule B.
58|Y
to k .......................................... ......... ...... Not public general.
69
20 WICT.-1856.
1|Liquor licenses...................................... Provincial.
2|Destruction of bears.............................. ( {
3] ........................................................... Not public general.
4|Expenses of the legislature..................... Provincial.
20 WICT.-1857.
1|Sick and disabled seamen....................... Repealed, 31 W., c. 64, s. 15 (D).
2|Elections............................................... Expired. -
3 •.
and }*. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Recommended for repeal.
4 - .**
5|Circuit court, Charlotte........................., |Provincial.
704% 2357
**{{) History and disposal of Acts.
|}
STATUTES OF NEW BRUNSWICK.—Conſºn%ed.
# Subject Matter. Remarks.
digests in Exchequer cases........................ Provincial,
7|Mill reserves.......................................... ( {
‘8
$ol k ....... g s a e s e o e e s = ... • * * * * * * * * * * * * * * s e s e e s - e º 'º e º a s = • * * * * * * * Not public general.
12
$3 㺠and beacons, Charlotte................. Repealed, 26. W., c. 4.
14|13 W., c. 18 continued till May, 1862........|Provincial. -
15|| - t
to .................... • 6 e e s a s e e s a e e s e s a e º e º 'º e e s tº e º s e e º 'º e º º q Not public general.
40||
21 WICT.-1857.
|
ł Roads and bridges................................. Provincial.
2 Supplies................................................ * :
3 Expenses of the legislature..................... ( {
4. Buoys and beacons................................. Repealed, 26 W., c. 4.
*Parish schools........... e - e s s e e s e º e s a e < * g e s m e º e º e º º a Repealed, 21 W., c. 9 (1858).
6
|

• e s e s e º s e a e s tº e s a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Not public general.
21 WICT.-1858.
:
º3
24
25
>26
27
28
3. nd
29
31
32
33
30
Supplies....... .........................................
Public Works.................... .....................
Attendance of witnesses
• * e e s e a w w w e º e º s a s is e º e e s e e e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Parish schools
Post office
Warehousing goods
Lighthouses
Wessels navigating Bay of Fundy to carry
lights
Destruction of Wolves
To prevent use of poisons in destruction
of foxes
Circuit courts.......................................
Insolvent debtors
Railways
Co-partnershi s (registration of)
Practice of the law
*jectment............... ......... .....................
Amendment of criminal law
a s e s a s e s e º e º a c e e º 'º t e e º 'º - e s e s > * * * * * * * * * *
* * * * * * * * * e º e º e a • * * * * * * * * * s s m s tº e a s a s e s e s - e º e s tº
• * * * c e s ∈ tº e a le e s a e s tº e º a e s g º e º 'º e º º &
• e e º e s e e º e º e º se e s s e e s = e e s • * c e s e s e s • * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• e º e º s a tº 4 e s - e. e. e. e º e º e º 'º e º a w w e º e s tº e º e º e º a º º º
• * * * g e º 'º e s e s tº e º 'º e o e º w w e º e º e º 'º e < * * *
• a s a e º e º e s s is e s e e s e s a “ s s s e e º e º e s e e s a s a • * * * * * * * * *
• s e e º º v c - - © tº
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Landlord and tenant and replevin
Judgments and executions thereon
Dower
Intestate estates
Steam navigation
s e º a e e º 'º e º a
e tº º o e o 'º tº a
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * * * * *
• a s e e s e s e e g º e < * * * * * * * * * * * * * * * * * * * * * *
e e s - e º e º 'º is e e s tº a tº s e º 0 e º a º 0 & e < * * * * * * *
J
Highways
Certain great roads
Sea and river fisheries
Elections
• * * * * * * * * * * * * * * * * * * * * g e s s a º º e º e s a c e s tº a tº v e º e º º
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
.34
.35
Polling place in Queen's county........
Grant to King's College discontinued.....
Provincial.
( ,
Provincial, except Ss. 2 and 3, which are superseded
31 W., c. 76 (D.) and 46 V., c. 35 (D) and are rec.
mended for repeal.
Not public general.
Provincial.
Repealed, 31 W., c. 10, s. 2 (D.)
Repealed, 31 W., c. 6, s. 138 (D).
Repealed, 31 W., c. 59, s. 15 (D).
and 38 W., c. 7, s. 2 (
Repealed, 31 W., c. 58, s. 1 (D).
Provincial.
Recommended for repeal.
Provincial.
Repealed, 22 V., c. 16.
Recommended for repeal.
Provincial.
Repealed, 32-33 W., c. 36 (D.), except s. 3, provinc
and s. 5 recommended for repeal. -
Provincial. -
( :
{ {
( {
Expired.
Not public general.
Repealed, 25 V., c. 16.
Repealed, 22 W., c. 11.
Repealed, 25 V., c. 26, and 26. W., c. 6.
Superseded as to elections for House of Common
Canada and recommended for repeal. - -
..|Provincial, repealed 25 V., c. 58.
Provincial,
2358
History and disposal of Acts.
4}.
STATUTES OF NEW BRUNSWICK.—Continued.

of persons holding office under Gov-
Subject Matter. Remarks.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
Conveyance of a wharf to the Queen........ Provincial.
s e º e º e º e º e º a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
J º
|Repus harbor master, St. John.............. To be superseded by 45 V., c. 51 (D.) Schedule B.
O } a ſº e º e º tº º a tº º e º ſº e º e º & & e º e º e º tº e º e º e º 'º e º e º e is s a e e º e º e s a a e º 'º e º & Not public general.
8 -
9|Public slip near Portland Point.............. Provincial.
('Public lands in Parish of St. Martin’s...... { {
1|Board of health, St. John....................... S. 4 repealed by 31 W., c. 63, s. 15 (D.): remainder pre-
- vincial.
2
Of X . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
l
2|Disqualification for Legislative Assembly
ernment............... ................. ......... Provincial.
22 WICT.-1859.
1|Duties......... ................ ........ tº e e º e º e < * * * * * * * * Recommended for repeal.
2|Circuit courts and courts of Oyer, &c...... Provincial. -
3|Polling places, King's County................ Superseded as to elections for House of Commons of Cà-
nada by 48-49 W., c. 40. Recommended for repeal.
4|Protection of sheep and moose....... ........ Repealed, 28 W., c. 21.
5
ld } • a s e s a • e a c e < * * * * * a s s a • e s 4 ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
6
7|Cape Race Light........ & e e s e s • e s a s tº e s e º e < * * * * * * * * * * Repealed, 31 W., c. 59, s. 15 (D)
8|............................................................ Not public general.
9|Boundary between N.S. and N.B.............|Provincial.
10|Agriculture........................................... Repealed, 25 V., c. 23.
11|The great roads...... ......... ..................... Provincial.
2|Supplies.................... 6 - e. e. e. e º 'º e s a e s s = e º e º 'º - - - - - e. e. { {
13|Roads and bridges expenses.................... { {
4|Highways..................... ........................ Repealed, 25 V., c. 16.
5|Steam navigation................................... Expired.
16|Relief of insolvent debtors....................... Recommended for repeal.
17|Confined debtors.................................... { { { {
18|Medicine and surgery.............. .............. Provincial.
19|Circuit courts in certain counties............ ( &
20|Evidence............................................... Recommended for repeal.
21|Interest and usury................................. Ss. 2, 3, 4 and 6 consolidated ; ss. 1 and 5 recommended
for repeal.
22|Bills and choses in action....................... S. 4 consolidated : remainder recommended for repeal.
23|Trespasses to lands, &c.......................... Provincial.
24|Damages against E. and N.A. Ry.............|Recommended for repeal.
25|Intestate estates.................................... Provincial.
26|Inferior courts in certain counties............ { {
27|Jurisdiction of justices in civil suits......... { { .
28|LaW library .......................................... { {
29|Certain provincial buildings.............. ..... iRecommended for repeal.
30|Lunatics................................................ Provincial.
31|Liquor licenses....................................... { {
32|Destruction of bears................................ Expired.
33|Sick and disabled Seamen....... ...... ......... Rept aled, 31 W., c. 64, s. 15 (D).
34|Polling places, Queen's County............... Superseded as to elections for House of Commons of
Canada by 48-49 W., c. 40, and recommended for
35 repeal.
# • a s e s tº * * * * * * * * * * * * * * * s a tº a tº e s - a e s p s e º e a tº e e s e º 'º t e º e º 'º - * * * * * Not public general.
63
2359
History and disposal of Acts.
STATUTES OF NEW BRUNSWICK–Continued.
28
29
30
31
32
33
2
3
36
3'ſ
38
39
40
41
42
43
44
45
46
47
4S
:
i
:
Insolvent confined debtors.....................
Evidence as to proof of bankruptcy
Amendment of the law...........................
Guarantees, bills of exchange and promis-
Sory notes...... .................................
Procedure in criminal cases
* * g e º e º e º e º s & ſº tº g tº e º 'º
c. 138, amended)
False pretences............... • * * * * * * * * * * * * * * * * * * g e º a
Apprehension of criminals escaping to
other provinces................................
Courts of probate...................................
Divorce and matrimonial causes
Parish and cou%ity officers.......................
Buildings, offices and school reserves
Sea and river fisheries.............................
Patents for inventions..................... tº gº e s tº e
tº e º e º &
Polling place, Kars
Militia law............................................
Liquor licenses
Highways....... ......................................
Agriculture................... • * * * * * * * * * * * * * * * * * * * * * *
Medicine and surgery.............................
Mode of accounting and currency
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
- - ºr: ;, irrezsa, 1 : I
Census.................
Certain lands of the war department ......
* , a . s. 3." - - -
tºº i,j \in tºº º ºsºvº º º ºr **
Summary convictions (Revised Statutes,
a. -
.# Subject Matter. Remarks.
CD -
23 WICT.-1860.
lPayment of demands on provincial trea-
Sull W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 's sº se e s = e s • * Provincial,
2|Witnessess before committees of the Legis-
lature........ tº º e º a tº ſº tº e º e º 'º © & tº e º s º º e º e º e g º e º 'º e º e is e is Provincial, except s. 4 and part of s. 9, both wh
have expired.
3|Courts of probate........... tº g º us & e o se e a e º e º e º is tº e º 9 & 5 Provincial.
4County Council York empowered to
raise money for agricultural purposes { {
5|Police force, Northumberland................. { {
ºys and beacons, Miramichi.................|Repealed, 31 W., c. 59, s. 15 (D).
to X ...... ............... ................................... Not public general.
I2 - -
13|Navigation river St. Croix..................... Expired.
14
tol & ... . . . . . . . . . . . . . . . . . . . . ........................ ......... Not public general.
17 Supplies................................................ Provincial.
18|Roads and bridges appropriation............ t
19|Customs duties..................................... See 31 W., c. 7, s. 19 (D.) Recommended for repeal.
20|Distilleries................................... tº e º g tº gº à e º a Repealed, 31 W., c. 8, s. 1 (D).
21|Protection of the revenue........................ Repealed so far as inconsistent therewith, 31 W., c.
s. 138 (D.) Recommended for repeal.
22 * { “ ........................ { { ( ( { {
23|Buoys and beacons, (Revised Statutes,
c. 19, amended).......... tº e º e s e º e s is a e g g g c e s e e º º Repealed, 26 W., c. 4.
24 Registration of deeds, &c........................ Provincial.
25 s “ ........................ { {
26|Commissioners for taking affidavits......... { {
27|Relief of insolvent debtors..................... Recommended for repeal.
Schedule B.
Provincial.
( &
{ {
Ss. 3 and 5 repealed, 32-33 W., c. 36 (D.); s. 4 provi
cial; ss. 1 and 2 recommended for repeal.
Repealed, 32-33 Vº. c. 36 (D).
{
Recommended for repeal.
Provincial.
Schedule B.
Provincial.
{ {
Repealed, 26 V., c. 6, s. 28.
Repealed so far as inconsistent by 32-33 W., c. 11 (D
and recommended for repeal.
Superseded as to elections for House of Commons
Canada by 48–49 V., c. 40, and recommended
repeal.
Repealed, 25 V., c.
Expired.
Repealed, 25 V., c. 16.
Repealed, 25 V., c. :
Repealed, 26 W., c. 11.
Repealed, 31 W., c. 45, s, 5 (D.), except SS.
and 3; repealed, 34 W., c. 4, s. 11 (D.), exce
s. 2, which is recommended for repeal.
Repealed by 33 W., c. 21, s. 30 (D).
Recommended for repeal.
Provincial.
Repealed, 31 W., c. 60, s. 20 (D.)
20,
2|Fisheries, Restigouche
Railway from St. Andrews to Woodstock.
e e º e s e º ºs e s ∈ e º 'º e º is e º a e º e º is e e
Investigation into fires, Frederic ton
Provincial, excepts, 4, which is recommended for repe
2360
History and disposal of Acts.
43
STATUTES OF NEW BRUNSWICK.—Continued.
Subject Matter.
Remarks.
tº e º 'º e º & Q & c. tº e º G tº e & tº e º O 9 & 4 º' tº e º e º e º 'º g g g g g g g c e s tº 6 e s tº º e º e º e s tº ſº
Not public general.
Recommended for repeal.
Not public general.
24 WICT.—1861.
1|Supplies
2|Repair of roads and bridges
3|Savings banks
4|Passengers arriving in this Province
5|Circuit court,
6|Gaol limits........................... tº w e º e e º e º & e e e º e a
6
7
8
9
I 0
l]
12.
v e s s > * * * * * * * * * * * * * * e º a e s e e. e. e. e. e. e. e. e º e s a c is e º e º e s tº t
• * * * e º tº tº º s - e. e. e º ºs e e º º
• e s ºf a tº º & e º 'º e º e º e º e º e º s a º e º e º e e s g c e s e º e
e - © tº tº e º º
unbury...........................
Courts of probate
Divorce and matrimonial causes
e e s is e e s s a s tº e s -
9|Solemnization of marriage. . ..................
Carrying of deadly weapons
Coroners' inquests.................................
Proceedings against members of the Gen-
eral Assembly
Provincial.
{ {
See 34 V., c. 6, s. 15 (D.) Recommended for repeal.
Repealed, 32-33 W., c 10, s. 32 (D). -
Provincial.
{ {
{ {
Schedule B.
Provincial.
Repealed, 32-33 W., c. 36 (D.)
Provincial.
{ {
13|Polling places, Saint John....... © tº £ tº e º 'º e º e g º º & Superseded as to elections for House of Commons of
Canada by 48-49 W., c. 40, and recommended for
repeal. *
14|Post office.................. .................. ......... Repealed, 31 W., c. 10, s. 2 (D.), and 38 W., c. 7, s. 2 (D.)
15|Grammar and superior schools............... Provincial.
16|Pilots (not to be carried to sea without -
their consent).................................. Repealed, 36 V., c. 54, s. 92 (D.)
17|Municipalities ....................................... Provincial. - -
18|Sea and river fisheries (Revised Statutes, - -
c. 101)........................... . ................ Repealed, 26 V., c. 6, s 28.
19|Tax on unimproved granted lands...........|Provincial.
20|Railroad, St. Andrews to Woodstock..... { {
21 Marsh lands.......................................... ( {
22|French paupers, Dorchester .................... { {
23|Sale of spirituous liquors, St. John.......... { {
24
#nd ....................... & e e o e º e º e º a º e s e e s e º e e s e s - s s 4 - e s e º s Not public general.
25
26|Board of Health, St. John....................... Repealed, 31 W., c. 63, s. 15 (D.) in so far as it continues
7 s. 4 of 21 W., c. 51; remainder provincial.
2
to } tº e s is º º tº s & © e s e º ºs e e º e e s - e º 'º - º e s s a e s e < * * * * * * * * * * * * * * * * * * * * e e Not public generai.
53 -
54||Naturalization of aliens.......................... Repealed, 31 W., c. 66, s. 14 (D.)
25 WICT. – 1862.
1|Expenses of the legislature..................... Provincial.
2|Public revenue, (Revised Statutes, cc. 26,
27, 28 and 29, continued to 1870)...... Effete.
3|Appropriation for expenses in shelter of
troops...... ......... ......... ..................... Provincial.
4|Expenses of Prince of Wales celebration... { {
5|Sewer, St. John...................................... { {
6|Extinguishment of fires, St. John............ { %
7|Rates of pilotage, St. John (3 W., c. 70, w
revived and made permanent)........... Repealed, 36 V., c. 54, S. 92 (D).
8|Parish of Shediac................................... Provincial. .
9|Customs duties...................................... Recommended for repeal.
10|Offences against the person.................... Repealed, 32-33 W., c. 36 (D).
11|Jurisdiction of justices in civil suits........ Provincial.

2361
History an
d disposal of Acts.
STATUTES OF NEW BRUNSWICK–Continued.

ſº
.# Subject Matter. Remarks.
O .
12|Amendment of c. 9 above, and 19 V., c. 18. Recommended for repeal.
13|Supplies............ ................................... Provincial.
14|Savings banks and provincial liabilities... { {
15|Repair of roads and bridges.................... ( {
16|Highways consolidation Act.................. { {
17|Government of counties, towns and
parishes....................... tº e º e g º O e º 'º º g tº • . . . . . & C
18|Survey and exportation of lumber (Revis-
jś c. 96 amended).............. Schedule B.
19|Measurement of firewood and bark (Re-
| Vised Statutes, c. 93),............. gº º is is e. e. e. e º 'º ( t .
20|Militia............... ................................... Expired.
21|Punishment of death taken away in cer-
tain cases....................................... Repealed, 32-33 W., c. 36 (D).
22|Investigation of fires.............................. Proº except s. 4, which is recommended for
- repeal.
23|Agriculture ........................... 4 s e s e e º e º 'º e s 2 & 8 Provincial.
24|Trespasses on lands, &c.; (Revised Statutes,
c. 133 amended).............................. { {
25|Judgments and execution....................... { {
26|Sea and river fisheries (Revised Statutes,
C. 101)............................................. Repealed, 26 V., c. 6, s. 28.
27|Lands held for public uses by justices...... Provincial.
28|Corporations .................. ..................... Schedule B.
29|Sewers.............. to e º & e s ſº e º s e º 'º e º ſº tº e º is e º e º a tº a tº º a t t e º ſº º Provincial. te
30iRates and taxes............... tº gº tº e º e g tº e º e º & & ſº e º is tº s tº Proº except s. 17, which is recommended for
repeal. . * .
31|Commissioners for taking affidavits......... Provincial.
32|Boundary line between N.B. and N.S. (22
W., c. 9 amended)...... ..................... { {
33|Fees on patents. Fees to foreigners same
as British subjects............................ Repealed, so far as inconsistent, 32-33 W., c. 11, s. 52 (D.).
Recommended for repeal.
34|Tax on unimproved lands............. tº º is e º ºs e º s a Provincial.
35i University of New Brunswick.................. ( :
36|Gold mines............ ................................ ! {
37i.Judgments in actions, not summary ........ { {
38|Municipalities........................................ ! {
39|Destruction of Wolves............................. ( &
40|Medicine and Surgery............................. Repealed, 26 V., c. 11.
41|Buoys and beacons, Charlotte................. Repealed, 31 W., c. 59, s. 15 (D.)
42
tº ......................................................... Not public general.
{ } {
ºboiling place, parish of Cambridge..........
Superseded as to elections for House of Commons of
Canada, by 48–49 W., c. 40, and recommended for
repeal. Jišū,
5%) Grand Manan..... (t
60 { { St. Leonard....... { { ( &
6 | ë tº • 4 Maugerville........ { { { {
2|Polling places, parishes of West Isles and
Campo Bello............ { {
63 ( & county of York................ { { ( *
64
; } a s is e e s s & 4 tº e º e º e º 'º e s sº e º ºs e i e º 'o e º e e s is a e e º ºs e º e º e º & 8 tº dº tº e º ſº & º sº. Not public general.
9
80|Commander in chief............................... Recommended for repeal.
26 WICT.—1863.
1|Customs duties...................................... Recommended for repeal.
2|Supplies
3|Repair of roads, &c
5|Loan for Intercolonial Railway
e s s a e º s a s e a s e e e s m e º a º e º e s a e º e s tº e º 'º e º e s tº e s e º e º & 8 &
& g º a is is a s tº e º º is a º
6; Coast and river fisheries,........................
Provincial.
{ {
s & © tº $ tº s $ $ tº e a s g g tº e º º ſº e º is tº a g º e º º tº º
4|Buoys and beacons.................................
|Repealed, 31 W., c. 59, s. 15 (D.)
Recommended for repeal.
Repealed, 31 W., c. 60, s. 20 (D.)
2362
History and disposal of Acts. - 45
STATUTES OF NEW BRUNSWICK.—Continued.

24
.# Subject Matter. Remarks.
O -
7|Parish schools................. e º e º e º 'º º s tº e º e º e º e º tº 9 º' & Provincial.
8|Highways...... ....................................... ( :
9|Rates and taxes...................................... { {
10|Insolvent confined debtors; amends R.S.
c. 124................................... e < * * * * * *, * * * Schedule B.
11|Physicians and surgeons........................ Provincial.
12|Defaulters in payment of taxes............... { {
13|Local government, counties, towns and
parishes.................. ........................ tº tº
14|Nuisances on highways........................... * {
15|Security by public officers...................... { {
16|Equity procedure................................... { { -
17|Post office............................................. Repealed, 31 W., c. 10, s. 2 (D.), and 38 W., c. 7, S. 2 (D.)
18|Protection of sheep from dogs.................|Provincial. w
19|Duties of parish officers ............. ............ { {
20|Courts of probate................................... { {
21|Accounts of commissioners for sick and
- disabled seamen, how sworn
22 Security by deputy treasurers................. Provincial.
23|Admission of attorneys ; :
24|Attendance of witnesses before commit-
ee e. e. e. e. e. e. e. e. e. e. e. e s e a e s s e e s sº º º
a º e º is a tº e º e º 'º º Repealed, 31 W., c. 64, s. 15 (D.)
tees .................... ......... .................. Expired.
25
tol Y ...... .................. .............. tº º e º t e º 'º º ſº tº $ tº e º e º & © Not public general.
35
; Pilots, county of Charlotte.......... e e s e e s e s e e Repealed, 35 W., c. 43, s. 1 (D.)
3 -
to k ...................................................... ... Not public general.
46 -
47 Exemptions from duty, St. Stephen......... Repealed, 30 W. (1867), c. 15, s. 1.
27 WICT.-1864.
1|Supplies................................................ Provincial.
2|Repair of roads and bridges .................. { {
*|Aid to railways...................................... ( {
4|Offences against the person..................... Repealed, 32-33 W., c. 36 (D.)
5|Equity procedure ......... ........................ Provincial.
6|Larceny and similar offences.................. Repealed, 32–33 W., c. 36 (D.)
7|Jurisdiction of Justices in civil suits........|Provincial.
8|Issue of Warrants by justices .................. S. 1 repealed, 32-33 W., c. 36 (D.) Remainder Sche-
- dule B.
9|Post office............................................. Repealed, 31 W., c. 10, s. 2 D.) and 38 W., c. 7, s. 2 (D.)
10|Steam navigation................................... Repealed, 28 W., c. 4, S. 44.
11|Reporting decisions of Supreme Court ...|Provincial. -
12|Circuit courts, St. John.......................... * {
13|Savings bank, St. John.......................... Recommended for repeal.
14
# | • * * * * * * * * * * * * s e º e s s e º e º a s a s is s a tº a s g º e s a e º e º e s c s s e s - e. e. e. e º 'º a Not public general.
l
18|Harbor of St John................................. Schedule B.
19
to | e tº e tº tº t e ........................... . . . . . . . . . . . . . . . . . . . . . . . Not public general.
39
40|Affidavits made out of the province for
use therein........ .............................. Provincial, except s.7, which is recommended for repeal.
41|Foreign judgments...................... ge e s is e º e s • * Provincial.
42|
and .................................... ..................... Not public general.
43
44|Winding up of companies....................... Recommended for repeal so far as it relates to insolven-
cy or to the winding up of companies for the wind-
ing up of which provision has been made by the
Parliament of Canada.
45|Militia ............................. a tº e s - a tº * * * g e º e g º a t e º 'º Expired.
History and disposal of Acts.
STATUTES OF NEW
BRUNSWICK.—Continued.

C+
.# Subject Matter. g Remarks.
C
46|City court, St. John.............................. Provincial.
47|Highways ...... ...................................... - {{
- ; Lands for railway purposes.................... { {
4
to | * * * * * * * * * * * * c e º 'º º tº a tº º e º 'º & e s ∈ tº e º s º º a u e º e º 'º e s is g g g tº e º s e º tº # * * Not public general.
59
28 WICT.—1865.
l|Militia................................ .................. Recommended for repeal.
2|Sale of spirituous liquors........................ Provincial.
31............... ......... .................................... Not public general. - - -
4|Steam navigation................................. ..|Repealed, 31 W., c. 65, s. 50 (D).
5|Naturalization of aliens.......................... Repealed, 31 W., c. 66, s. 14 (D).
6|Marriage and divorce procedure.............. Schedule B. .
7|Expenses of legislature........................... Provincial.
8|Supplies................................................ { {
9|Repair of roads and bridges.................... { {
10; Payment of certain provincial debentures
under 19 V., c. 20 and 25 V., c. 14...... { {
ll|Funds for construction of railways......... ( &
12|Aid to railways.................................... { %
13|Great roads and bridges........................ { { -
14|Post office........ 's e e s e s m e a & e s e e s e e a 6 e s is e s s º e e s e e s e º e º 'º Repealed, 31 W., c. 10, s. 2 (D.), and 38 V., c. 7, s. 2 (D).
15|Jurisdiction of justices in civil suits........ Provincial.
16|Municipalities.................................... ... { { -
17|Sewers ............ ..................... . g º e g º º ºs e º ºs º is tº tº { {
18|Marsh lands, Sackville........................... { {
19|Landlord and tenant and replewin........... { {
20|Preservation of deer on island of Grand
Manan ............................................ { {
21|Protection of moose............................... Provincial, except ss. 8, 9 and 10, Schedule B.
22|Destruction of bears.............................. Provincial.
23|...... ......... .............................. ............... Not public general. -
24|Landings at Indian Town........ ..|Provincial, except s. 10, which is recommended for
30 repeal.
to X .................. .................. ..................... Not public general.
60 .
61|Public lands, Fredericton....................... Provincial, except ss. 1 and 2, which are recommended
- for repeal.
29 WICT.-1866.
1|Export duty on lumber........................... Provincial.
2|Naval defence....................................... Expired.
3|Rates and taxes.................................... Provincial. -
4|Polling places, county of York............... Superseded as to elections for House of Commons of
Canada, 48-49 W., c. 40 and recommended for repeal.
5|Polling places, Hampton........................ t ( { { { %
6|Board .P health, Fredericton.................. Provincial, except s. 7, which is recommended for repeal.
7 -
to k .............................. ........................... Not public general.
21
22|Benefit building Societies........................ Schedule B.
23|................................. ........................... Not public general.
30 VICT.—1866.
1|Customs duties...................................... Recommended for repeal.
2|Detention of suspected persons ............... Expired.
3:Supplies ......................... ..................... Provincial.
2364
History and disposal of Acts.
47
STATUTES OF NEW BRUNSWICK.—Continued.

24 r
.# Subject Matter. \ Remarks.
'O
4|Repair of roads, &c................................ Provincial.
5|Expenses of the legislature..................... { { .
6|Militia .............. é e s a s & e º e g º e º 'º e º e º e º 'º e e º e º º e º ºs e º 'º e º e Repealed so far as inconsistent by 31 W., c. 40 (D.)
Recommended for repeal. -
7|Weights (R. S., c. 95 amended).............. Repealed, 36 W., c. 47, s. 52.(D.)
8|Export duty on lumber........................... Provincial.
9|Army and navy offences........................ Repealed, 32-33 W., c. 36 (D.)
10|Equity procedure................................... Provincial.
11|Parish officers....................................... { {
12|Connections of railway.......................... Expired.
13|Election of councillors and appointment
of parish officers.............................. Provincial.
14|Oyster beds .......................................... Repealed, 31 W., c. 60, s. 20 (D.)
15|Reporting decisions of Supreme Court .....|Provincial.
16|Payment of demands on public treasury ..|Expired.
17|Warehousing goods (R.S., c. 28, amended)|Repealed, 31 W., c. 6, s. 138 (D.)
18|Vacation of seats in Legislative Assembly.|Provincial. --
19|City Hall, St. John................................ { {
20|Exemptions, St. John ...... ..................... { {
21|Shipping seamen, St. John (R.S., c. 87,
amended) ....................................... Repealed, 36 W., c. 129, s. 5 (D.)
22
to } e e g g g tº e º e s tº e s e s a e º e s e º e s e e g º e º 'º 4 g a s g g º e º e s a e s s a e º e s tº s s a º Not public general.
24
25|Polling places, county of York ............... Superseded as to elections for House of Commons of Can-
ada by 48-49 W., c. 40 and recommended for repeal.
26 .
to } a s = e s e º e s a e s a s & e s m e s e < * * * * * * * * * * * * * * * * * * * * * * * * e s a e º s e e º e Not public general.
39
30 WICT.-1867.
1|Duties of customs................................... Recommended for repeal.
2|Export duty on lumber........................... Provincial.
3|Supplies................................................ { {
4|Repairs of road and bridges.................... { {
5|Receiver General................................... Expired.
6|Construction of certain railways............. Provincial.
7|Admission of attorneys........................... { {
8|Relief of sufferers by fire at Indian Town. “
9|Wiggins' Male Orphan Institution........... { { -
10|County courts....................................... Brovincial, except ss. 2-6, which are recommended for
repeal; s. 32, Schedule B; and s. 35, which is recom-
mended for repeal.
11|Duties on hops removed.......................... Recommended for repeal.
12|Construction of railways........................ Provincial.
13|Aid to railways...................................... ( ;
14|Fees of certain public offices.................... { {
15|To repeal 26 V., c. 47............................. Recommended for repeal.
16|Equity procedure................................... Provincial.
1710;reat roads.......................................... { {
18|Woodstock Railway Company................. { {
19 ( & { { { {
20|Members of Legislative Assembly and dis-
qualification of members of the Senate
or House of Commons......................, { {
21
and k ......................................................... Not public general.
22
23|Polling place, Grand Falls, county of
Victoria.......................................... Superseded as to elections for House of Commons of Can-
ada by 48-49 W., c. 40, and recommended for repeal.
24|Polling place, Parish of Carleton, county
of Kent.......................................... { { { { { {
25|Polling place, Parish of Lepreaux, county
of Charlotte.................................... { { { { { {
26'Polling places, county of Carleton......... “ { { { {

2365
History and disposal of Acts.
STATUTES OF NEW BRUNSWICK.—Concluded.
5.
.# Subject Matter. Remarks.
O
27|Grammar, superior and common schools...
Gaol limits............................................
Corporations .................. .....................
Counties and parishes...... gº tº e º e s tº e º e º is tº e s e º º a
Trade marks.........................................
Parish of St. Mary.................................
St. Stephen Branch Railway Company.....
Bills, notes, &c,.....................................
Public hospital, St. John........................
Licenses to foreign pedlars.....................
Inspection of petroleum, &c....................
Provincial.
( &
Schedule B.
Provincial.
Repealed, 31 W., c. 55, s. 29 (D).
S. 1, Schedule B; s. 2 effeteand recommended for repeal.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * > * * * * g e s tº e º is e i s a tº e º ºr e º e º º
Provincial. -
§ {
Provincial.
Not public general.
Not public general.
Provincial, except s. 7, which is recommended for repeal.
Repealed, 31 W., c. 50, s. 21 (D).
2366
REVISED STATUTES OF BRITISH COLUMBIA—1871.

| 1
I 2
13
making of railways ...... ..................
15|Retirement of David Cameron, Chief
Justice of Vancouver Island..............
16|... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
17|Protection of the wooden bridges in Wan-
couver Island.......................... .........
18|An Act to prevent the unauthorized issue
of bank notes and paper currency......
19|Publication of the liabilities and assets of
banks in Vancouver Island...............
20|Closing of wells upon unenclosed lands in
- Vancouver Island.............................
21|Electric telegraphs, Vancouver Island.....
22|Firemen’s protection Act, 1861, amended...
23! -----............ ......... .................................
24|Loan of ninety thousand dollars..............
25|Arrest and imprisonment for debt............
26|Coroner's juries in Vancouver Island. ....
Island, &c
is * * tº e º e s tº tº e º e º is s a tº e º ºf a tº s e s e º e º e s tº e º e s tº dº sº e º e º 'º g tº tº e s is © tº e º e tº
Protection of the property of a
serted by her husband. ........
Loan of forty thousand pounds
wife de-
Loan of fifteen thousand pounds..............
Preservation of
Consolidation of certain provisions usual-
ly inserted in Acts authorizing the
taking of lands for undertakings of a
public nature
Consolidation of certain provisions usual-
ly inserted in Acts authorizing the
tº e e º e º ſº gº tº e º g º a tº e º e º ſº tº g º ºs e s e e g tº
e e s & º e º º sº e s - is e e s e s ∈ s = e e º e º ºs e s tº e º ºr
--
- 3. Subject Matter. Remarks.
CD
J -
(A.) LAWS OF THE FORMERLY SEPARATE Colony of WANGouvKR ISLAND.
1|Protection of the wooden bridges in Wan-
couver Island......... ...... .................. Provincial.
2::::::::::::::::::::::::::::::::::::... ..................... Not public general
3|Firemen's Protection Act amended ......... Provincial.
4|............... . . . . . . . . . . . . . . . . . . ................. ......... Not public general.
5|To prohibit swine and goats from running -
at large ...... .................................... Provincial.
6|Bankruptcy and insolvency in Vancouver
Repealed, 38 W., c. 16, s. 149 (D.)
Not public general.
..|Provincial.
Provincial, except s. 18, which is recommended for
repeal.
Provincial.
Proºl except S. 2, which is recommended for re-
peal.
Provincial, except s. 12, Schedule B.
Provincial.
Superseded by 35 v., c. 20, s. 5, (D) and recommended
for repeal.
Not public general.
l?rovincial.
Recommended for repeal.
* { { {
Provincial.
Repealed, as to punishment for divulging contents of
messages, by 44 W., c. 26, S. 8 (D.); SS. 9, 11, 12, 13,
and 15, provincial. Remainder recommended for
repeal.
Provincial.
Not public general.
Provincial, except s. 7, which is recommended for repeal.
Provincial. g
(
(B.) LAws of THE ForMERLY SEPARATE Colony of BRITISH Columbia.
27|Qrder of court
28, Constitution of the Supreme Court of
civil justice of British Columbia........
tº º ſº º e º is º & e s tº e º tº v 4, & a tº e º e o e º 'º tº
• sº e g º & e º 'º e s tº e º e º e º 'º is s a wº e º 'º a s e s tº $ tº $ & 9 º' s s e º e º e º e g tº a ſº e º 'º e º 'º e º
• * * * * * * * * * * g e e g tº e º e º º e º e s e º t e º e g º a tº g º e º e s & © tº a
Provincial.
( &
Not public general.
Provincial, except ss. 2 and 3, which are recommended
for repeal as respects criminal matters, and’s. 5
recommended for repeal.
Not public general.
Provincial except ss. 2, 3 and 4 which are recommended
for repeal.
2367
50
History and disposal of Acts.
REVISED STATUTES, BRITISH COLUMBIA.—Continued.
C-
.# Subject Matter. Remarks.
O
33|Duties, tolls, and fines,.......................... Repealed, as to duties and in other respects, so far as in-
- ºnt 35 W., c. 37, s. 7 (D.) Recommended for
- I eTOegº,I.
34|Grants. of land to the Roman Catholic| p
• Bishop of British Columbia............... Provincial.
35|Protection members of fire companies in
New Westminster............................. { {
36l......... ......... .......................................... Not public general.
37|Tolls on Lillooet-Alexandria road........... Provincial.
38|Tolls on Lytton-Alexandria road... ......... { {
39|Loan for the construction and mainten- - - - - - -
ance of roads................................... Provincial, excepts. 18, which is recommended for repeal;
40|Tolls imposed by the Lytton-Alexandria - . * *
road toll Act................................... Provincial.
4ll......... ................................................... Not public general.
42 on and
43
44
46
47
48
50
51
52
53
55
56
57
58
59
60
61
62
63
65
Bonds for expenditure to ‘.
complete the main routes of the colony
Majesty’s army and navy
Tolls in addition to those imposed by the
road toll Act, 1860............................
Loan for prosecution and maintenance of
roads
Observance of the Lord’s day.................
Barristers-at-law and attorneys
Bonds for raisin
tion of the
road
a s is a e º e º & e º e º e s is tº º is e a tº e º e º 'º º & e º e º $ & º e º 'º e º ºn tº a sº e º 'º e º is is is º g g g g tº
* * * * * : * * * * * * * * * * *
ge º 'º e º e º 'º e º 'º e &
funds for the construc-
ook's ferry and Clinton
s e e s e º 'º e º a e º e a e s e º e i s is a e s e º e s tº e º 'º e º e a s is is e s e s tº e s
tº e º a g º $ tº e e º a dº e g g tº g g º is is ºf € 6 &
Toll bridge across Thompson river
Loan of £100,000
e & © & s a tº e º º s e º 'º e º e º ºs e º 'º tº e º e º e º a tº e º 'º e
• a se e s a s a e s p e º s is e < * * * * * * * * * * * * * * * * * * * * * * * * * * * g is a a s e s e e s a
Dues leviable at the port of New West-
minster
• * e º 'º e º º e º e º e s is e e º e e s a s tº e s tº e º e s w e s = 8 c s s º e s
Municipalities in British Columbia...........
Tolls exemption ordinance....................
Bankruptcy and insolvency in British
Columbia
tº e º e º e º is e º sº tº e º & e g º e º 'º e º e º is tº e e s a s is e s e a sº e
Arrest and imprisonment for debt
Salary of the office of Governor
Overland telegraph
a s = e º e s ∈ e s tº e s tº e s is a a tº e º 'º e s tº a º e º e º 'º & e º e º e º 'º e º 'º e s e e º e º 'º e s tº e º e a
* g g º e º tº a # 9 &
• * is e s e e º e º ºs e º 'º e s tº a º is g g º e s e g a e g º a
Free grants to certain officers in Her|
Provincial.
{ {
{ {
Provincial, except s. 18, recommended for repeal.
Schedule B.
Provincial. *
{ {
Not public general. !
Provincial, except as to salaries of Governor, Judge of
Supreme Court and Collector of Customs. Recom-
mended for repeal in that respect.
Provincial. -
Provincial, excepts. 16, which is recommended for repeal.
Not public general.
Repealed by “The Shipping Ordinance, 1867,” No. 86,
also repealed as to duties and in other respects
so far as inconsistent, 35 W., c. 37, s. 7, (D).
Provincial.
Recommended for repeal as respects ferry tolls.
Repealed, 38 W., c. 16, s. 149 (D).
Provincial, except parts of s. 4 and Schedule, as to bank-
ruptcy, which parts are recommended for repeal.
Provincial.
Superseded, 36 W., c. 31 (D.) Recommended for repeal.
Provincial.
Not public general.

66
67
e e º a tº t e º & e s m e º 'º e º e e i s & e g º a e
* e º e º e º e º º is tº * * * * *
e s e º e s e e a e s s e s s a s a t < e s is a • * * * * * * * * * * * * * * * * * * s a s a t t t e s e e s e e s e e
Schedule B, except secs. 8, 9 and 10, provincial. The
whole Act recommended for repeal so far as it relates
to insolvency or to the winding up of companies for
the winding up of which provision has been made
by the Parliament of Canada.
Provincial.
Not public general.
(C.) LAws of BRITISH CoLUMBIA SINCE THE UNION of THE Two ForMERLY SEPARATE ColoniEs of
WANGOUVER ISLAND AND BRITISH Columbia. -
68
69
Sheriffs
Indian graves • e s e s • * * * * * * * * * * * * * * * * * * * *
Provincial.
..........|Consolidated, except SS. 1 and 5, which are recom-
mended for repeal.
2368
History and disposal of Acts.
5 f
REVISED STATUTES, BRITISH COLUMBIA.—Continued.
# Subject Matter. Remarks.
O
70|General application of English law......... S. 2, consolidated as to Criminal Law ; ss. 1, and 3 re-
- - commended for repeal. Remainder provincial.
71|Interest ................................................ Repealed by 49 V., c. 44, s. 3.
72|Ferries and bridges ............ .................. Provincial, except as to ferries and bridges within the
jurisdiction of Canada; recommended for repeal.
73|Barristers-at-law, attorneys, notaries pub- .
lic, &c,............................ .......….... |Provincial.
74|Oaths and admission of evidence in cer-
tain cases ....................................... SS. 3 and 9 recommended for repeal ; ss. 5-8, Schedule
B ; remainder provincial. -
75|Protection of inventions......................... Repealed so far as inconsistent, 35 V., c. 26, s. 52 (D.);
recommended for repeal.
76|Licenses and direct taxes on persons...... Provincial, excepts. 6, which is recommended for repeal;
and s. 7, Schedule C. -
77|Exemption of property from forced seizure
and sale in certain cases .................. Provincial, except as to exemption from seizure in
bankruptcy matters; ss. 5, 11 and 12, as to this, re-
commended for repeal; s.4, Schedule C.
781Customs................................................ Repealed as to duties and in other respects so far as
inconsistent, 35 V., c. 37, s. 7 (3.); recommended
for repeal.
79|Duties of customs................................... Repealed as to duties and in other respects so far as in-
consistent, 35 V., c. 37, s. 7 (3.); recommended for
repeal. - *
80|Debentures for short temporary loans...... Prº except s. 10, which is recommended for
repeal. •. .
81|Legal profession.................................... Provincial.
82|A decimal system of currency................. Superseded by 34 V., c. 4 (D.) and 44 V., c. 4 (D.); re-
commended for repeal. , t
83|Ports of entry in British Columbia........... Repealed so far as inconsistent with 31 W., c. 6 (D.) and
• , other Customs Acts by 35 V., c. 37, s. 7 (D.); re-
commended for repeal.
84|An ordinance to assimilate the law regu-
lating the postal Service .................. Repealed, 38 W., c. 7, s. 2 (D.) .
85|Sale of intoxicating liquors to Indians...... Ss. 2, 3 and 7 repealed, 37 V., c. 21, s. 13 (D.); whole
repealed so far as inconsistent by 39 V., c. 18, S. 99
D.) and 43 W., c. 28, s. 112 (D.). S. 6, provincial;
ss. 10 and 1:1, Schedule B; remainder recommended
- - for repeal.
86|Harbor and tonnage dues........................ Repealed, 36 V., c. 59 (D.)
87|Pilotage.............................. .................. Repealed, 36 V., c. 54, s. 92 (D.)
88|Medicine and Surgery............................. Provincial, except ss. 9 and 10; s. 9 recommended for
repeal; s. 10, Schedule C.
89|Solemnization of marriage...................... Provincial, except as follows: s. 13, Schedule C ; S. 14
- consolidated ; ss. 19, 20, 21, Schedule B.
90|Gold mining.......................................... Provincial, except ss. 152-154 ; s. 152, Schedule C ; Ss.
153 and 154, recommended for repeal. e
911Excise ................. ................................. Repealed, as to duties and in other respects so far as in-
consistent, 35 V., c. 37, s. 7 (7.) (D.); recommended
for repeal.
92|Harbors .................... ........................... Recommended for repeal, º
931Aliens .................................................. Repealed, 36 V., c. 36 (D.), exceptss. 10 and 11, which
- are recommended for repeal.
941............................................................ Not public general.
95|Procedure of the County courts............... Provincial, except s. 3, recommended for repeal.
96|Sale of land for taxes in Vancouver's
Island............................................. Provincial. .
97|Weights and measures........................... Repealed, 36 V., c. 47, s. 52 (D). -
98|Naval and victualling stores.................. Superseded by 32-33 W., c. 26 (D.), and recommended
- for repeal.
99 Supreme courts of justice of British
Columbia ....................................... Provincial.
100|Limitation of certain causes of actions
and suits......................................... Provincial.
101|Investigation of accidents by fire............ { {
102|Barristers and attorneys-at-law.............. { {
103|Sale of the real estate of intestates......... { {
104|Trustees’ relief Act................................ { { .
2369
52 History and disposal of Acts.
REVISED STATUTES, BRITISH COLUMBIA.—Continued.
i. e
.# Subject Matter. Remarks.
‘C)
105|Shipping ordinance, 1868...... tº e º a º º e º e º e º a c e s a tº Recommended for repeal.
106!..................... ....................................... Not public general.
107|Savings banks........................................ Recommended for repeal.
108|Public health......................................... Provincial, except portions of ss. 1 and 6, which are re-
- commended for repeal as respects quarantine.
109 ......... ........................... ........................ Not public general. e
110|Commissioners to take affidavits and bail|Provincial, except s. 2 from the second “and '' in line
3 to the end of the section, which part is recom-
- mended for repeal.
111|Reconveyance of Vancouver Island to the
- Crown ............................................ Provincial.
112|Supreme courts of justice....................... ( {
113|Fencing of land.................................... { {
114|Prevention of cattle stealing.................. Ss. 1 and 2 recommended for repeal. Remainder pro-
vincial.
115|Stipendiary magistrates.......................... Provincial.
116|Law of partnership................................ Provincial, except s. 6, Schedule B.
1 17|Volunteer force...................................... Recommended for repeal.
l18|Construction of roads............................. Provincial.
119 Surgery and anatomy............................. { {
120 Procedure in civil cases.......................... { {
121: ......... ................................................... Not public general.
122; Public schools....................................... Provincial.
323 Mineral lands....................................... § {
124|Religious institutions............................. { {
125/Indian reserves...................................... Recommended for repeal.
126|County courts ordinance, 1867, amended|Provincial.
1271......... .................................. ................ Not public general.
128 Investment and loan societies................. Schedule B.
129 Companies' ordinance, 1866.................... Schedule B, except in so far as it relates to insolvency,
º - or to the winding up of companies for the winding
up of which provision has been made by the Parlia-
ment of Canada.
130; Medicine and spirgery............................. Provincial.
131|Issue of Crown grants........................... Provincial, except s. 10, Schedule C.
132|The common school ordinance, 1869,
amended...... .................... * * * * * * * * * * * * * * Provincial.
133|Game ordinance, 1870............. © e º e s e < * * * * * * * * * { {
134; Customs................................................ Repealed as to duties and in other respects so far as
inconsistent, 35 V., c. 37, s. 7 (5.) Recommended
for repeal.
135|Supreme Court...................................... Provincial.
136|Enforcement of municipal by-laws........... { {
137|County court ordinance, 1867, amended ( & -
138|Loan of £75,000........ • * * g e < e s s a e s e º 'º e - e º e < * * * * * s e & Provincial, except s 18 recommended for repeal.
139|Fees of Supreme Court........................... Provincial.
140|Road ordinance, 1869, amended............... { {
141 Cemeteries............................... tº e º e º tº a º tº e º 'º º º Provincial, except parts of ss. 10 and 11, recommended
for repeal.
142|Bills of sale............................................ Provincial.
143|Transfer of real estate................... • e º te e e g º & Provincial, except ss. 81, 82 and 83, and S. 85, from
“Judicature” in line 4 to the end of the section,
which are consolidated ; s. 84 recommended for
repeal; s. 80, Schedule C.
144|Crown lands.......................................... Provincial.
145|Supplies......... ....................................... ( (
146 .............................. .............................. Not public general.
147|Constitution of this colony..................... Provincial.
148|Supplies................................................ & [.
149|The tolls exemption ordinance, 1865,
amended...... ................................... Recommended for repeal as respects ferry tolls.
350|Literary societies and mechanics' insti-
tutes......... .............. . . . . . . . . . . . . . . ......... Provincial, except s. 22, recommended for repeal.
151 Respecting the tax sale repeal ordinance,
1867................................................ Provincial.
152: ....................... .................. .................. Not public general.
153 Customs................................................ Repealed, so far as inconsistent, 35 W., c. 37, s. 7 (D.)
Recommended for repeal.
2370
History and disposal of Acts.
53
REVISED STATUTES, BRITISH COLUMBIA.—Concluded.

ă
Subject Matter.
Remarks.
154
5
15
7
I58
6
Fire companies aid
amended............... ..........................
The road amendment ordinance, 1870,
amended............................... ...“......
Qualification of electors
for the legislature and the registration
of voters
ordinance, 1869,
Elections of members of the legislature of
this colony
a s a tº $ tº dº is e º is e s e º e e º e º 'º e º e º dº º e s s e º 'º e s e g g s
Bribery, treating and undue influence at
elections of members of the Legisla-
ture ... * *
* * * * * * * * * * * * * * * c e º e s tº e º 'º & ºr tº e º 'º e º 'º e º 'o e º a s tº e º tº ſº tº sº
Provincial.
{ {
Provincial, except part of s. 3, as to form of oath of al-
legiance, which is recommended for repeal; and SS.
18, and 40, recommended for repeal. Whole Act su-
perseded as to elections for House of Commons of
Canada, and recommended for repeal in that respect.
Provincial, except ss. 30 and 106, recommended for re-
peal; ss. 99 and 100 consolidated; ss. 103-105, Sche-
dule B; and ss. 67-69, 74, 96 and 97, Schedule C.
Whole Act superseded as to elections for House of
Commons of Canada, and recommended for repeal
in that respect.
Provincial, except ss. 1, 2, 4, 9, Schedule C ; Ss. 14-17,
Schedule B." Whole Act superseded as to elections
for House of Commons of Canada, and recom-
mended for repeal in that respect.
159 Charters for tolls................................... Provincial.
160|Civil list......................... ..................... ( {
161|Ordinances and proclamations................ Effete.
162|Charitable, philanthropic and provident -
associations..................................... Provincial, except s.9, consolidated.
163||New edition of the laws of British Colum-
bia.................................................. Provincial. 4.
164|Tolls exemption...................................... Recommended for repeal as respects ferry tolls.
165|Investment and loan societies ordinance, -
1869, amended...... . ........................ Schedule B.
166|Desertion from merchant ships................. Repealed, 36 W., c. 129, s. 5 (D.)
167|Controverted elections........................... Repealed, 36 W., c. 28, s. 56 (D.), as to elections for
- House of Commons of Canada. Now provincial,
except s. 29, part, recommended for repeal; and S.
31, Schedule *
168|Cattle exempted from the operation of any -
- bankruptcy or insolvency laws.......... S. 3, from the second “and” in line 6 to the end of the
section, recommended for repeal. Remainder,
Schedule B. -
71% 2371
PRINCE EDWARD ISLAND.
Revised Statutes of Prince Edward Island. º
Acts of the General Assembly, Vol. I, 13 Geo. III, to 15 Wict., 1773–1852.
( & ( ! { { Vol. II, 16 Vict, to 25 Wict., 1853–1862.
{ { ( & {{ Wol. III, 26 Wict., to 31 Wict., 1862–1868.
Statutes of Prince Edward Island subsequent to the Revised Statutes.
32 Wict.—1869. 35-36 Wict.—1872.
33 Wict.–1870. 36 Wict.—1873.
34 Vict.—1871.
*º-º-º-º-º:
EEWISED STATUTES OF PRINCE EDWARD ISLAND.
The Acts noted as not in force are so designated by authority of the Revised Statutes.

3.
à Subject Matter. Remarks.
13 GEO. III.—1773.
l|Past proceedings of Governor in Council. Recommended for repeal
2|Process in Courts of Judicature............., {{ * {
3
and X ......................................................... Not in force.
Damages on protested bills of exchange...|Recommended for repeal.
s s a s e e s a e º e s e e s s e tº e s e e is a s e º e º 'º e s s e º 'º e s e s e e s s e º e º t e s a v e s a e Not in force.
;
i
}
14 GEO. III.—1774.
l
to | • a s a e e º e º 'º e i e s s a e s a e º e º s e e s a s e s s e e s s s a e s e º e s e s a s e e º e e s a tº a Not in force.
8
16 GEO. III.—1776.
1|Fees ..................................................... Provincial.
2
and .................................... ..................... Not in force.
3
4|Proceedings in Supreme Court ....... . . . . . . . . . Recommended for repeal.
5
and ......................................................... Not in force.
6 -
19 GEO. III.—1779.
|
to | * * * * * e º e º ſº e º & # * * * * * * * * * * * * * * * * * * * * * * * * * g º e º ſº e º ſº e º ſº e e g º ºs e tº Not in force.
3
20 GEO. III.—1780.-(2ND SESSION.)
l
to X ......................................................... Not in force.
4 -
5|Preventing stallions running at large, &c. Provincial.
6|............................................................ Not in force.
2372
History and disposal of Acts,
55
REVISED STATUTES, PRIN
CE EDWARD ISLAND.—Continued.

# Subject Matter. Remarks.
CD
20 GEO. III.-1780.-(3RD SESSION.)
1|Militia................................................ . Repealed, 29 W., c. 2, s. 80.
2|Division of lands held in common............ Provincial.
3|Observance of the Lord's Day................. Schedule B.
4
to } • * * * * * * * * * * * e e º e º e º e º ºs e º e º e º e º 'º a s e º 'º e s e e º 'º e e º s e e s is e s e º e º e Not in force.
8
9|Absent or absconding debtors................. Provincial.
10......... . ................................................. Not in force.
21 GEO. III.—1781.
ll........................ ........... ........................ Not in force.
2|Wills and estates of intestates.................|Repealed, 6 W., c. 26.
3|Lands, &c., liable for debts..................... Repealed, 26 Geo. 3, c. 9.
4|Arbitration............................................ Provincial.
5
tol .......................................................... Not in force.
10 *
11|Expiring laws........................................ Provincial. So much as relates to matters within leg-
islative control of the Parliament of Canada is not
in force.
12
tol Y .................. ......... ..................... ........ Not in force.
16
17|Limitation of actions.............................. Provincial.
25 GEO. III.—1785.
1
to X .................. .................. ..................... Not in force.
5
6|Interest................................................. Repealed, 31 W., c. 8, s. 1.
7|............................................. ............... Not in force.
8|Depositions of witnesses de bene esse........ Provincial, except s. 3, which is recommended for
repeal.
91......... .................. ......... ......... ............... Not in force.
10|Quaker's affirmations............................. Provincial, except part of s. 2, which is recommended
for repeal.
11
tol ............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
14
26 GEO. III.—1786.
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s s e e s a e s e s - e º e o s e a s • * * * * * * *
Abatement and discontinuance of suits...
Amendment of pleadings, &c
• * * * * * * * * * * * * * * * * *
• a s e e s - e. e. e. e. e. e. e s e e s a e s e e s e e º e < * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * e º e s tº a dº e º 'º & © e s e a tº e & © º e º e º ſº tº e º e g º ºs e º 'º e º e º 'º e º ſº * * * * * * * * *
* = e a e e º e º e º e s a e e a * * *
e - e. e. e. e. e s e a e e s e e a tº c e º e s e e º e º e º e s e e º e º 'º e º 'º - e º e e s tº e º sº e º 'º - e º º
Trial of actions in a summary Way..........
Not in force.
Provincial.
( &
Not in force.
Provincial.
Not in force.
Provincial.
Not in force.
Provincial, except s. 8, which is recommended for repeal.
71}%
2373
56 * History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
G.
# Subject Matter. Remarks.
14|Multiplicity of suits.…. Provincial.
15 -
and ......................................................... Not in force.
16
27 GEO. III.—1786.
ll............................................................ Not in force.
28 GEO. III.—1788.
ll............................................................ Not in force.
- 30 GEO III. — 1790.
1. a s e e º e º e º e s e º ºs º ºs e º e º e º e º is e º e e º e º e º e º 'º e º e º e º e e º e s e º e e º 'º e º e º º is Not in force.
2. Evidence of records of the council........... Provincial.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c e s tº e g º e º e º e º sº e º e º Not in force.
4|Bail and attachment.............................. Provincial.
5|Grants to loyalists and disbanded troops. { {
6|Dissenters............................. ...... ......... { {
7
to } • * * * * * * e s a e i t e º 'º e º a s e º e a e s ∈ e a tº s a e e s a s & e s ∈ e º 'º e º e s e e i t e º e º e Not in force.
l()
31 GEO. III.—1790.
ll............................................................. Not in force.
2|Assignment and recovery of dower ......... Provincial.
3
and k ......................................................... Not in force.
4
5|Fees of magistrates and constables......... Provincial.
6
tol b ....................................... .................. Not in force. .
8
33 GEO. III.—1792.
l
tol b ......................................................... Not in force.
4
35 GEO. III.—1795.
ll............................................................ Not in force.
2|Confirming titles.................................... Provincial.
3 -
tol b ...... .......' ....... . ................................ Not in force.
7
8|Sale of lands under execution................. Provincial.
9
tol ......................................................... Not in force.
12
36 GEO. III.-1796.
1
º * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , s , , , , Not in force.
4|To enable proprietors to divide lands held
ld COInm0ll ... . . . . . . . . . . . . . . . . . . . . . . . . . . ......... Provincial.
2374

History and disposal of Acts. c 57
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
Subject Matter. Remarks.
#
5|To prevent disorderly persons from riding
the horses of others.......................... Provincial.
6|To repeal certain Acts.........................., Effete.
7|Appointing commissioners of sewers........ Provincial.
| 37 GEO. III.-1797.
1
and ......................................................... Not in force.
2
39 GEO. III.—1798.
1 Changing name of Island from St. John
to Prince Edward Island.................. Provincial.
2
to } • * * * * * * * * s s e s - e s e s a e s e s e s a v e e º 'º e º 'º a s p w e º e º 'º 4 e º e s a t < e a s e s Not in force.
4
41 GEO. III.—1801.
—;
to } • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
8
43 GEO. III.—1802.
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
2|Collection of quit rents........................... Provincial.
3
to ſ” Not in force.
5
6|Establishment of Church of England ...... Provincial.
43 GEO. III.-1803.
l - —w
and | • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
2
46 GEO. III–1805.
—i
and ............... ............................ . . . . . . . . . . . . . . Not in force.
2
47 GEO. III.—1806.
l -
to X ......... ....................................... ......... Not in force.
3
48 GEO. III.—1808.
l
to X ......... ................................................ Not in force.
8
2375
58 History and disposal of Acts.
REVISED STATUTES. PRINCE EDWARD ISLAND.—Continued.

a.
d
5 Subject Matter. Remarks.
49 GEO. III.—1809.
1|Establishing meridianal line .................. Provincial.
2
and k ......................................................... Not in force.
3
4|Recording of powers of attorney.............. Provincial.
5
to X ................................................ ......... Not in force.
8
9|For raising funds to erect public build- ,”
ings......................................' … Provincial. -
50 GEO. III.—1810.
l - * ~
ºn; * * * * ~ * ~ 0 tº * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
3|Harboring deserters................................ S. 3, Provincial. Remainder superseded by 32-33 W.,
- c. 25, (D.) and recommended for repeal.
4|..….................................................. Not in force.
52 GEO. III.—1812.
—i
t; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
54 GEO. III.—1813.
l —-
an; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e s e º e º e s e - e º e v c e s e e s e s s a Not in force.
57 GEO. III.-1817.
I
and | * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , , , , , , , , , , Not in force.
3|Recovery of debts............................... ...|Provincial.
4
an; * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
59 GEO. III.-1818.
|:::::::::::::::::::::::::::::::::::::::::::::::::::::::::... Not in force.
2|Respecting Acts of the general assembly...|Schedule B.
3!........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
4|Commissions for examining witnesses out
5 of Island ......................................... Provincial.
º * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
9|Estates tail............................................ Provincial.
1 GEO. IV.-1820.
li
º | * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º e a e s e e o e e s e e s e º º Not in force.
2376
History and disposal of Acts.
59
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
Subject Matter.
Remarks.
5 GEO. IV.-1825.
tº e º e º e º ºs e e a e s tº e º e s e e º e º e s e e s e s e º e º 'º e º e s ∈ e º 'º e º e s a s e e s a s e
• a s g º e e s ∈ e e s tº e o e º e s - e o e e s tº e s is e º e º e s e a e e s e e s e s e
* * * * * * * * * * tº e º e º e º e s e º e º s tº e º 'º e g is e e s e e s tº e º is e º e º a s e º a e e º 'º e s e
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * c s s s a tº e º a e e a e e º e º e º e º s = e s a e º 'º &
a s s e º 'º e º e º e º e s e a c e s a e º e s se e s e e e s - e. e. e. e. e. e. e. e. e. a s e s e e º e º e s e e s e
Not in force.
Provincial, except s. 6 from “and ” in line 7 to the
end of the section, and s. 7, which are recommended
for repeal.
Not in force.
Provincial.
Not in force.
Recommended for repeal.
Not in force.
6 GEO. IV.-1825.
to
11
12
• e º e º e º 'º a
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c e a e s a e s e e º e s is a s = e
Provincial.
Not in force.
Recommended for répeal.
8 GEO. IV.-1827.
l -*
to } • * * * * * * * * * * a s s e e s a 9 s e e s e e e w e s e º e º e s w is e e s e º e s e s e o e s e a e s e s e Not in force.
13
9 GEO. IV.-1828.
11............................................................ Not in force.
2|Continuing certain Acts ........................ Effete. Recommended for repeal.
3
to } • * e s a e s e o 'º e s e e s a s = e º e s e e s c e s s s e º e s e º e s = e s a e < e < * * * * * * * * * * * Not in force.
5
6|Makes perpetual 59 Geo. III, c. 4............. Provincial.
7
tol .................................... .................... Not in force.
12
10 GEO. IV.-1829.
l
tol ........................... .............................. Not in force.
3
4|Estates tail..................................... ...... Provincial.
5
to }~ SNot in force.
10
11|Security of navigation and preserving
shipwrecked persons and goods......... Superseded by 32-33 W., c. 22, ss. 48 et seq (D.), 40 W.,
c. 4 (D) and 36 W., c. 55 (D). Recommended for
repeal.
12
to X ......................................................... Not in force.
22
11 GEO. IV.-1830.
I
to X ......................................................... Not in force.
4
5|Marriages.............. tº e º e º e º e s e e º e º s is e º e s 6 & 8 e º e s - tº e º & Provincial.


2377
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND – Continued.
3. &
# Subject Matter. Remarks.
6|......... * * * * * * * * * * * e º º is e º 'º e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
7|Roman Catholics.................................... Ss. 2 and 3 superseded by 10, W., c. 21 and are recom-
mended for repeal; remainder provincial.
8|............................................................ Not in force.
9|Impost and Excise ................................. Provincial, except S. 1 and so much of s. 2 as relates to
collectors of impost, which are recommended for
10 repeal.
tol b ......... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
15
16|Treasury notes ...................................... Recommended for repeal.
17
to X .................' ......... ......... ..................... Not in force.
22
1 W. IV.-1831.
I
tol ......... ......... ....................................... Not in force.
5
6|Burning of Woods................................... Provincial.
7
and ......................................................... Not in force.
8
9|Enforcing attendance of witnesses before
Justices of the Peace........................ Recommended for repeal.
10
to X ......... ......... ......... .............................. Not in force.
12
13|Set off in actions of debt ........................ Provincial.
14|............................................................ Not in force.
15|Treasury notes (made perpetual by 5 W.
IV. c. 11)........................................ Recommended for repeal.
16
tol Y ......... ......... ......... ........ ..................... Not in force.
18
2 W. IV.-1832.
ll....................................... .................... Not in force.
2|Protection of oysters.............................. Recommended for repeal.
3|Marriages.............................................. Provincial.
4
tol ......................................................... Not in force.
10
11|Tavern-keepers harboring soldiers........... Provincial.
12|...................... .................................... Not in force.
13|To prevent spreading of infectious diseases|Superseded by 31 W., c. 63 (D.) and 35 V., c. 27 (D.)
Recommended for repeal.
14|Marriages.............................................. Provincial, except s. 1, which is effete and is recom-
mended for repeal.
15|Mode of recovering penalties .................. Recommended for repeal.
16|............................................................ Not in force.
17
and k ......................................................... Not public general.
18
19
to Not in force.

• * * * * * * * * * * * * * * * * * g is e e º 'º e a s a e a g º e s tº e º & e º e º e s e e a s is tº e º s º º &
3 W. IV.- 1833.

* * * * * * * * * * * * * * e e º e º e s e º e º e º e º e º 'º e º e º a s & e º e º is tº e s e s e e s a ſº e º &
Provincial.
Not in force.
2378
History and disposal of Acts.
61
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
3.
.# Subject Matter. Remarks.
O
8|Ferries.................................................. Superseded as to ferries within legislative authority of
the Parliament of Canada. Recommended for re-
peal.
9|....................................... ..................... Not in force.
10|Registry of deeds................................... Provincial.
11
and ......................................................... Not in force.
12
13|Provincial notes.................................... Recommended for repeal.
14|Registry of Orders in Council................. Provincial.
15 -
tol b ......................................................... Not in force.
25
26|Servants .............................................. S. 3 repealed by 40 W., c. 35, s. 1, (D.) in so far as it
makes a violation of any of the provisions thereof
7 criminal. Remainder Provincial.
2
tol Y .................. .................. ..................... Not in force.
29
30|Militia .................................................. Repealed, 29 W., c. 2, s. 80.
31|Salary of treasurer................................. Provincial.
32 Q.
tol b ................................ ........................ Not in force.
39
4. W. I.W.—1834.
l
to X ............ ..................... ............... ......... Not in force.
4
5|Sheep reeves........ ... |Provincial.
6|........................... ................................. Not in force.
7|To enable the Supreme Court to give costs
in cases of certiorari........................ Provincial.
8
tol ................................................ ........ Not in force.
10
11|Repealing certain Acts........................... Effete. Recommended for repeal.
12|Continuing General Assembly on demise
of Crown......................................... Provincial.
13
and | }. ......................................................... Not in force.
14
15|Boundary lines of townships .................. Provincial.
16 -
and | }. ......................................................... Not in force.
17
18|Conveyance of mails in Winter................ Repealed by 31 W., c. 10, s. 2 (D.); 36.V., c. 40, s. 1, sub-s.
6 (D.); and 38 W., c. 7, s. 2 (D.) in respect to the
postal service. Recommended for repeal.
19
to } e e º 'º - e º 'º a s e e º e s - © & e - e º e º a tº ſe tº 6 tº e º 'º - tº º e º e º e º 'º e º 'º e º p * * * * * * * * Not in force.
23
5 W. IV.—1835. (FIRST SEssion.)
l
tol & ..................... .................................... Not in force.
2
4|Commissions for taking depositions......... Provincial.
5|.................................... .................. .... Not public general.
6|Distress for rent......... ........................... Provincial.
7
to 8 .................. ....................................... Not in force.
9
23.79
62
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
C4
# - Subject Matter. Remarks.
10|Courts of divorce................................... Schedule B.
11|Making perpetual certain laws relating
to treasury notes.............................. Recommended for repeal.
12............................................................ Not in force.
13|Sale of reserves for church, school and
e e s m e º e º e º a e º e s a s & e a tº e e º e º e s e º 'º º e e s s e is
glebe lands
Provincial.
l4].............................................. ............. Not in force.
5 W. IV.-1835. (SEcond SESSION.)
l
tol ........................................................ ... [Not in force.
3

6 W. T.W.-1836.
e - e º º º e º 'º e e º 'º e º e a tº e º e º e s tº e º e º 'º a tº e º 'º e º e º 'º e s & © tº e º e º 'º e º a 4 e º &
notes
e e. e. e. e. e. e. e. e. e s tº e s e e s e º e º e s tº e a e e s e e s a se e º e º e º a s s e º e
• * * * * * * * * e s is a 4 e º e º 'º e º e g c s tº e º e º e º e e º e º e º s is e º º e o e º 'º - e º 'º e = * *
To authorize closing of a certain road
within royalty of Princeton
To prevent persons indecently bathing in
the waters contiguous to Charlotte-
to Wn
tº º e º e º 'º e º 'º e º 'º is a e º e º e º e º 'º º e º 'º e º e º 'º e º is tº * * * * * * * * * *
• * * * * tº e e s e º e o 'º - e. e. e. e. e. e. e. g. e. e. g. t e º ºs e º 'º - © tº e a c e º e s e º e º 'º - 4 e º 'º e º &
Appointment of a commissioner for light-
houses
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
e s e º 'º º e º s e º 'º e º 'º º e º e º e º 'º e a tº a º e º 'º tº e º 'º e º 'º º e º e º is
• * * * * * * * * e e s is e a e e e a e e º 'º e º e s e e s e a a e º a e º 'º e s a e s e e s e e s a e < * * * * * * *
Relating to the abolition of oaths
Registration of certain original grants
Administrator of the government.............
e e s s e º e e s is e e e s = e e a e s e e s e e º e º 'º a • * * * * * * * * * c e º e º e = < * * * * * * * * *
To improve the administration of justice
in criminal matters
Punishment of offences against person
Not in force.
Recommended for repeal.
Not in force.
Provincial.
{ {
Not in force.
Recommended for repeal.
Not in force.
Not public general.
Provincial.
{
( {
Not in force.
Repealed, so far as inconsistent with Acts thereby ex-
tended to P.E.I., by 40 W., c. 4 (D.), ss. 1 and 9.
Recommended for repeal.
and property ................ .................. Ss. 4 and 6 repealed by 32 V., c. 19, s. 1; remainder
repealed so far as inconsistent with 40 W., c. 4, ss.
1 and 9 (D). Recommended for repeal.
23|............................................................ Not public general,
24
and } e - e º 'º e º e º e s s e s - 6 - 4 - e. e. e. e. e. e. e. e. e º e º e - © s e º e º 'º e º a tº e º e º 'º - e s - is e º & Not in force.
25
7 W. IV.-1837.
l
to k ...... ........................ ........................... : Not in force.
9
10|Boundary lines of townships................... Provincial.
11
tol b ........' ................................................ Not in force.
13
2380
History and disposal of Acts.
63
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
a.
.# Subject Matter. Remarks.
CD
14||Titles to lands acquired under deed from
Sheriffs or coroners........................... Provincial. *
15||
to k ......................................................... Not in force.
17 g
18|Survey of a certain road in the royalty of
Charlottetown................................. Provincial.
19|Charges and duties of pilots .................. Repealed by 37 W., c. 27, s. 2 (3) (D.)
20|............................................................ Not in force.
21|Patents................................................. Repealed by 38 W., c. 14, s. 5 (D), so far as inconsistent.
Recommended for repeal.
2?]............................................................ Not in force.
23|Pounds............ .................................... Provincial.
24|To confirm certain sales of lands........... tº º { {
25
tol ........................... .............................. Not in force.
28
29|Ordnance lands...................................... Schedule B, except ss. 8-13, provincial.
30|Limitation of actions respecting real
estate ............................................. Provincial.
31
tol ......... ........................... ..................... Not in force.
33
I WICT.-1838.
I
tol ......... ......... ......... ......... ..................... Not in force.
9
101Grist mills............................................. Provincial.
11
tol Y ..................... ............... ..................... Not in force.
13
14||Disorderly riding and driving................. Provincial.
15|Office of surrogate and judge of probate... * {
16
and! } ........... ........................ ..................... Not in force.
17
Repealed by 40 W., c. 4, S. 9 (D), so far as inconsistent
with or making same provision as 32-33 W., cc. 25
and 26 (D.) Recommended for repeal.
191.................. .................. ......... ............... Not in force.
2 WICT.—1839 (FIRST SEssion.)
ll...... ........ ........ ......... ......... ......... ......... Not in force.
2|Regulation of fisheries ........................... Effete; recommended for repeal.
3 -
to X ............................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
9
2 VICT.—1839 (SEcond SESSION.)
l *
tol Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
3
4|Reviving 8 Geo. 4, c. 7........................... Provincial.
5
to } • * * * * * * * * g e s a e s & e i e o 'º e º e º s a e s e e s is e = * * * * * * * * * * * * * * * * * * * * * * Not in force.
8
9|Pounds............ .................................... Provincial.
10|............ ..................... ........' ................... Not in force.
2381
3
History an
d disposal of Acts.
REVISED STATUTES, PRIN
CE EDWARD ISLAND.—Continued.

i.
3 Subject Matter. Remarks.
C
3 WICT.—1840.
1
tol .................. ....................................... Not in force.
11
12|Floating of logs, &c., down rivers and
Streams ......... .................. ............... Expired, so far as relates to matters within legislative
13 control of Parliament of Canada.
and ......................................................... Not in force.
14
15|To authorize the sale of vessels, &c., for-
feited under revenue laws ...... ......... Recommended for repeal.
16|To prevent the bringing of persons con-
victed of felonies and misdemeanors
from Newfoundland or elsewhere in
America.......................................... ( & ( (
17
tol ....................................... ......... ......... Not in force.
20
21|Lunatic asylum at Charlottetown ........... Provincial.
22
tol ........................ ................................ Not in force.
26 -
27|Salary of Colonial Secretary, &c...... ...... Provincial.
4 WICT.—1841.
l
to X ....................................... ......... ......... Not in force.
7
8|Appointment of coroners........................ Provincial.
9|Burial grounds at Georgetown............... ( &
10|Limitation of actions on mortgages......... & (
ll
t.0 } • e = e s a e s se e s = e s = e s a e s - e. e. e s a e e s = * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
14
5 WICT.-1842.
1|Confirming certain proceedings of execu-
tive ................................................ Provincial.
2
to X ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
11 +.
12|To prevent the taking away of boats, &c.|Provincial.
13
and k ......................................................... Not in force.
14
15|Lunatic asylum near Charlottetown........ Provincial.
16 -
to X ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
26
6 WICT.—1843.
1. e s ∈ a e s = e s e s e o we e s e a e o e s a sº e e s a e s tº e e < * * * * * * * * * * * * * * * * * * * * * * * * Not in force
2. To compel persons appointed as con- s
stables to act ................................. Provincial.
3
to } • a se e o e < * * * * * e s e º 'º e e s s a e o s e e s is a a • * * * * * * * * * * * * * * * * * * * * * * Not in force.
7
2382
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued,
# Subject Matter. Remarks.
8|Marriages ............................................. Provincial.
9|Floating of logs, &c., down rivers and -
Streams .......................................... Expired so far as relates to matters within legislative
control of Parliament of Canada.
I0
tol & ......... ......... ......... ....... ..................... Not in force.
13
14|Fisheries .............................................. Suspended, during the continuance of the Treaty of
Washington, by 35-36 W., c. 2, s. 1. Now in force
again by expiry of that treaty. Schedule B.
15|
tol Y ...... ..................... .............................. Not in force.
18
19|Distress for rent and replevin................. Provincial.
20|Landlord and tenant............................. { {
21
tC) } • * * * * * * * * * * * * * * * * * e s e e s a s a e e s - e s e e e º e e s e º e º e s s e a s = e s - e. e. a a Not in force.
25
26|Wills
tº e º 'º e s tº º & © e º ſº tº e s e e º e º e º 'º w w e º e º 6 e º 'º e º e º e g tº e s - e º 'º e º º e
.|Ss. 35, 37-42, and 44-60, repealed by 36 V., c. 21, s. 2.
Remainder provincial.
27]............................................................ Not public general.
28l............................................................ Not in force.
7 WICT.—l844.
l -
tol Y ................................................ ......... Not in force.
12
13|Amendment of laws making lands liable
for the payment of debts .................. Provincial.
14 -
to X ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
19 º
20|Lunatic asylums................................... Provincial.
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * e s e s e s e a • e º 'º e s e e s e s a s a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * e s s e º 'º - e º 'º e s e s s m e º e º s e e s w = e s a • & e º s s e s e e s e º 'º e º e s e
. Not in force.
. |Not public general.
. Not in force.
8 WICT.-1845.
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e s a • * * * * * * * * * * * * * * * * * *
e g º º 'º - tº e º ſe tº
. Not in force.
. Superseded by 36 V., c. 40, s. 1 (9) (D.), and 31 V., c. 59
(D.) Recommended for repeal.
e e º e º e º e º e e s e º ſº e º e º e a e s a tº e º e º 'º e s a e e º e º e s tº e s a a e º e º 'º e s a º e e
Amending certain Acts relating to dis-
. |Provincial.
tress for rent
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
tº e º e a e s e º e º e a s e º a º e º e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s a tº e s - a e s a e e
s • * * * * * * * s e s a e e º e s e º e e s a e e s a • * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * s e e s e a e s = e a e e
. Not in force.
. |Not in force.
. |Recommended for repeal.
. |Not in force.
. |Provincial.
. |Not in force.
2383
66
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND-Continued.
3.
.# Subject Matter. Remarks.
O
17|Confirming titles to certain lands............ Provincial.
18|................................................... .......” Not public general.
19|..................... ------............... ......... ........" Not in force.
20|For regulation of the mackerel fishery.....|Expired.
21
and ) ................................... . .... ............... Not in force,
22
9 WICT.—1846.
and } • * c e s - e º e s e e º e i s = e º e < * * * * * * * * * * * * * * * * * * * * * * * * s e e º e s m e a s a Not in force.
2
3|Dogs...... .............................................. Provincial.
4 *
and X .................. ......... .............................. Not in force.
5
6|Militia .................................................. Repealed by 29 W., c. 2, s. 80.
7
tol b ...... ..... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
10
11|Apprentices ...... .......... ......................... Provincial.
12|......... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not in force.
13|Land tax .............................................. Provincial.
14|For enabling courts to abstain from pro-
nouncing sentence of death in certain
C&SèS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Superseded by 40 W., c. 4, s. 9 (D.), and 32-33 W., c. 29,
S. 107 (D.) Recommended for repeal.
15|........................ ......... ......... .................. Not in force. --
16|For authorizing the apprehension of per-
sons in any county or place upon
warrants granted by justices of the
peace of any other county................ Superseded by 40 W., c. 4, s. 9 (D.), and 32-33 W., c. 30,
s. 23 (D.), and 32–33 W., c. 31, s, 11 (D.) Recom-
mended for repeal.
17
to } & 9 s tº sº e º ſe e s tº e º 'º e º e º sº s sº e º 'º e º ſº e º e s tº e º e s tº ſº e º & tº tº e º is t e º e º 'º g º e s tº Not in force.
19 e
20|Relating to the meridianal line............... Provincial.
21 For the better regulation of business in
the public treasury........................... Provincial, except ss. 2, 5 and 6, which are recom-
mended for repeal.
22
to } e e s e e º e º $ tº e º tº º e a tº e º 'º it s 6 tº e º e º ºs s e e º e º ºs e g º º te e º s tº e º 'º a tº º is e º & 4 Not in force.
26 *
27|Merchant seamen within the precincts of
the Island.............................. ......... Expired.
28
and } a s e s e e s e º a e º e e s s e e = < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * |Not in force.
29 |
|
10 WICT.—1847.
l
to X ..................... ......... ......... ........ ........ Not in force.
3
4|Repealing certain duties of customs.........|Recommended for repeal.
5
tol ...... ..................... ........' ............ ......... Not in force.
9
10|To abolish deodands.............................. Superseded by 40 W., c. 4, s. 9 (D) and 32-33 W., c. 29,
s. 54 (D.) Recommended for repeal.
ll............... ......... ............... ..................... Not in force.
2384
History and disposal of Acts.
67
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
-ă
12
13
14
to
16
17
19
20
21
Subject Matter. Remarks.
Treasury notes..................... ................. Recommended for repeal.
Township boundary lines....................... Provincial.
e e s e s is e s s e º 'º - e º e º e º e º e e s e º e s e e a e º e º 'º e = * * * * * * * * * * * * * * * * * * * Not in force.
To prevent the failure of justice by reason
of variances between records and the
evidence produced in support thereof.
For compensating the families of persons
killed by accident
• e s a tº e s e e s sº e a s e e º 'º e s e e s a e º e s e e º a º e º º e º e s e º 'º e º a e º e s a t e º e º e s tº º
For doing away with oath of abjuration
heretofore required from Roman
Catholics.........................................
Superseded in so far as it relates to criminal matters by
40 W., c. 4, s. 9 (D) and 32-33 W., c. 29, s. 70 (D.)
Recommended for repeal in so far as relates to
criminal matters.
Not in force.
Provincial.
Not in force.
Recommended for repeal.
221............................................................ Not in force.
11 WICT.-1848.
l
tol ...... ................................................... Not in force.
5
6|To authorize appointment of a master of
10
to
2
13
14
15
16
17
18
19
to
28
29
30
3].
32
<!
34
the rolls of the Court of Chancery,
and an assistant judge of the Supreme
Court of Judicature
• * * * * s • * * * * * * * * * * * * * * * * * ~ *
Assessment of lands ..............................
* * * * * * * * * * * * * * * * * * * * * * * * * a s : * * * * * * * * * * * * * * * * * * e s m is e º e º e s e º e 6
* * * * * * * * * * * * * * * * * * * * * * * * * * * s e º e º sº e < * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * e º 'º e º e º 'º º º º & © º e º 'º e s tº 8 ° tº u ę & 4 e º e º 'º e º 'º e e º e º is s e º e º 'º e a e e º e
Charlottetown ferry ..............................
For the punishment of drunkenness
Accidents by fire, Charlottetown
Coal meters
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c s e s is e º a e e s a e º º
tº e s e e - © tº a
e tº tº s 6 tº e º 'º - - -
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º 'º e º 'º g º s e º ºs e e
e e s s = e o e s - e. e. e. e. e. e. e. e. e s a w e s º ºs º e = < e < e = * * * * * * * * * * e s s e < * * * * * * * *
To regulate the importation of books and
protect the British author
a e e s e e s tº e s s a tº e º 'º -
a º 'º e º 0 º e s ſº º e º e g º º tº t t e º e º ſº e º ſº º ſº
• a e g º ºs e º e º 'º & © e º 'º e º ſº e º e s is e o e º tº a 4 - e º a tº e º ºr e e s e º e º is e e s tº e º e º 'º º &
e a e s is e - e º a tº e e º e s a º e º 'º e e º e s e e º 'º - - - * * * * * * * * * * * * * g e is a s e º e º 'º
Provincial, except ss. 1 and 4, which are recommended
for repeal.
Expired.
Not in force.
Not public general.
Not in force.
Repealed by 15 W., c. 34, s. 10.
Provincial.
Repealed by 12 W., c. 8.
Expired.
Not in force.
Repealed by 37 W., c. 27, s. 2 (D.)
Not in force.
Superseded by 38 W., c. 88 (D.) Recommended for
repeal.
Provincial.
Not in force.
Provincial.
Not in force.
12 WICT.-1849.
1|Limits and rules of jails
Provincial, excepts. 4, from the commencement thereof
to the word “committed '' in line 4, which part is
recommended for repeal.
2|Judgments in Supreme Court of Island...|Provincial.
3|To authorize free trade with United States
in certain articles
• * * * * * * c < * * * * * * * * * * * * * * * * * * * *
Recommended for repeal.
2385
68
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.

G-
.# Subject Matter. Remarks.
O
4|Law of evidence.................................... Provincial, except s. 1 from “that’’, in line 9 to
“offence ’’ in line 26, and s. 2, which are recom-
mended for repeal in so far as relates to criminal
* matters.
5|Conveyance of real estate....................... Provincial.
6|Constructive revival of Statutes repealed. ( {
7|Assessment of land and encouragement
of education.................................... { {
8|.................................... ........................ Not in force.
9|Terms of Supreme Court of judicature of
sland............................................. Provincial, except S. 4, which is recommended for repeal
in so far as relates to criminal matters.
10
and ...... ................................... ............... Not in force.
11 -
12|Prison discipline and hard labor............. Provincial, excepts. 2, which is recommended for repeal.
13|......... ......... ........................ ......... ......... Not in force.
14|Practice of the Court of Chancery........... Provincial.
15l............................................................ Not in force.
16|Summary trespasses .............................. Provincial, except Ss. 3, 14-16, 18 and 21, which are re-
commended for repeal.
17|Relating to bail..................................... Provincial. .
18|Harbor and ballast masters..................... supº. by 37 V., c. 34 (D.) Recommended for
repeal.
19|Survey of timber and lumber.................. Expired.
20|To prevent pedlars travelling or selling
without license................................ Provincial, except s. 5, which is recommended for repeal.
21]......... ........ .................. ........................ Not public general.
22|Lighthouses, buoys and beacons.............. supº. by 36 W., c. 40, s. 1 (D.) Recommended for
repeal.
23|Reprinting of laws of Island .................. Provincial.
24|Specie currency of Prince Edward Island.|Ss. 3 and 4 repealed by 33 W., c. 17, s. 1 ; whole Act
repealed by 34 W., c. 5, s. 6.
25l........................ ........................... ......... Not in force.
26|To repeal certain Acts ........................... Effete; recommended for repeal.
27|To repeal certain parts of the Emigrant
Act .................. .............................. { { { { { {
28||Costs in cases of penalties recoverable
before justices of the peace............... Recommended for repeal.
29
to X ......... ......... ......... ......... ..................... Not in force.
3]
321......... ......... ......... ......... ........................ Not public general.
331................................................ ............ Not in force.
Appointment of clerks to justices of the
peace, and to regulate proceedings
before them..................................... Provincial.
35l............................................................ Not in force.
13 VICT.—1850 (FIRST SEssion.)
l
and ......................................................... Not in force.
2
13 WICT.-1850 (SEcond SESSION.)
• * * * * e s e º e s - e º e e s tº e s - - - - e º e º 'º - e º e º e º e e º e s - e a e s e - e º 'º - e º º e
Not in force.
2386
History and disposal of Acts.
69
REVISED STATUTES, PRIN
CE EDWAR!) ISLAND.—Continued.

sº.#
Subject Matter.
Remarks.
14 WICT.—1851.
.
Highways .............................................
Relief of insolvent debtors .....................
To commute the Crown revenues of Prince
Edward Island, and provide for civil
list…...............................................
Provincial.
Schedule B, except s. 17, which is recommended for
repeal.
Provincial, except the second, third, fourth and fifth
paragraphs of s. 1, and ss. 10, 11 and 16, all which
are recommended for repeal.
4|For shortening language used in Acts of
general assembly............................. Schedule B.
5|Boards of health .................................... Expired, so far as relates to matters within legislative
authority of Parliament of Canada.
6|Militia ......................................... . ....... Repealed by 29 W., c. 2, s. 80.
7|To compel support of certain indigent
}}e TSODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expired, so far as relates to matters within legislative
8 authority of Parliament of Canada.
to ............... ......... ......... ........................ Not,in force.
10
11|Emigrants............................................. Expired.
12|Postal service ....................... ............... Repealed by 38 W., c. 7, s. 2 (D.)
13|Costs of distresses ................................. Provincial.
14|Stray cattle........................................... { {
16............................................................ Not public general.
16
to | a • e º a tº e º ſº e º e s sº e s sº in e s e s e º ſº s & e s e s e e s e e e s e s is a tº e s e º ºs e < * * * * * * * Not in force.
19| )
20|To authorize a loan for the use of the
Island. ............ .............................. Provincial.
21|To provide for the summary trial of com-
... " mon assaults and batteries ............... Fxpired.
22................................................... ......... Not in force.
23|Post office building, Charlottetown......... S. 1 effete, and recommended for repeal. Remainder
not in force.
24|Authorizing colonial secretary to appoint
a deputy......................................... Provincial.
25|Authorizing treasurer to appoint a deputy * {
26|To reduce the salary of the collector of
impost and excise for the district of
Charlottetown ................................ Recommended for repeal.
27............................................................ Not in force.
28, ... . ................................................... Not public general.
29............................................................ Not in force.
30|To alter appropriation of land assessment|Provincial.
31|Registrar of deeds................................. ( &
32|Salaries for comptrollers of Customs at
Outports.......................................... Recommended for repeal.
33
and ) • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * = e s a e º e s s e e º 'º e º e s ∈ e º º Not in force.
#|ſ
15 WICT.-1852.
1|To continue an Act to regulate the fish- Q
5
€ I’leS
To continue certain Acts relating to float-
ing logs, &c., down streams........ . .
To continue an Act relating to landlo
and tenant
To continue an Act relating to shipping
of seamen
I leaseholders
tº e º e º 'º & e º s e º 'º e e º e s p & © tº e º is tº e º 'º & & º e º e e is a s sº e º ºs e º & 4
rd
* * * * * * * * * * * * * * tº g º º & © v e º ºs e º ſº º ſº e º 'º º tº e º º &
• * * * * * * * * * * * * * g º e º 'º e e s ∈ a 6 s is e º e º e º e º e s ∈ a
* * * * * * * * * * * * * * * * * * * s is e s e s a s is e e s e s o gº a c e s e e
Effete; recommended for repeal.
{ { { {
Provincial.
Effete; recommended fo
Provincial.
r repeal.
7.2%
2387
70
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
i. º
3 Subject Matter. Remarks.
C
6|To facilitate intercourse between Prince
Edward Island and Nova Scotia and
New Brunswick................................ Expired.
7|Civil List...................... ....................... Provincial.
S
and h ...................................... .................. Not in force.
* 9
10||Division fences...................................... Provincial.
11|Stealing of dogs.................................... Recommended for repeal.
12 - º
and ............... ................... tº s a º º 'º in e º 'º e º e º e º a tº e a s a Not in force.
13
14|Corporate bodies................................... Schedule B.
15|Amending previous Act.......................... { {
16 **
tol ............................. * * ~ * ~ * 0 e º 'º e º 'º e º 'º e º e s tº e º e s = e tº Not public general.
18
19|................................... & © tº $ tº e º e º e º 'o tº e º e º 'º tº e e º e º e Not in force.
20|Colonial secretary's office....................... Provincial.
21|Service of non-bailable process............... ( &
22|Barristers, attorneys and solicitors......... ( &
23|:... ...................................................... Not in force.
24|Sale of arsenic ....... * * * * * * * * * * * * * * * * * * * e e s e e e e e º e o e Provincial.
25
tol b .................... • e e º 'º e º 'º a tº e s - e. e. a s tº dº e º e s tº a • * e e s e e º e s e e Not in force.
30
31|Publishing of public notices.......... tº s a tº e º e º s a Expired so far as relates to matters within the legisla-
tive authority of Parliament of Canada.
32|To facilitate proving of wills.................. Provincial, excepts. 2, which is recommended for repeal.
33|Harbor and ballast masters..................... Superseded in part by 37 V., c. 34 (D.) Expired.
34|Charlottetown ferry................... • * * * * * * * * * * * e Ss. 4, 5, 6 and 17 repealed by 19 V., c. 17; s. 10 recom-
- mended for repeal. Remainder Schedule B. -
35l............................................................ Not in force.
36|Care and maintenance of idiots and luna-
tics... . .......................................... Provincial.
37]........................................................... . |Not in force.
38
and ......................................................... Not public general.
39
40............................................................ Not in force.
411......... ......... ......... ................................. Not public general.
42
and } • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s a e º e s e e o e s e e s s a e º e s e º e Not in force.
43
16 WICT —1853.
1
and ......................................................... Not in force.
2 *
3|Salaries of Attorney-General and Solici-
tor General and Prothonotary........... Provincial.
4
tº) } • * * * * * * * * * * * * * * * * * * * * e s e º 'º a c e s - e º e º e s a 4 s e º 'o e e s e º e - e. e. e. e. e. e. e. Not in force.
7
8|Further improving criminal justice......... Repealed by 40 V., c. 4, s. 9 (D.) so far as inconsistent
with Acts thereby extended to Prince Edward
º Island. Recommended for repeal. '
Q
and } * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e s - e. e. e. e. e. e. e. e. e. e s s = c e s e e s e Not in force.
l()
11|Appointment of Constables and fence
viewers.................. ........................ Provincial.
12|Evidence............................................... S. 13 consolidated ; ss. 3, 4, 6, 8 and 16 superseded and
recommended for repeal ; s. 14 Schedule B; remain-
der provincial.
2388
History and disposal of Acts.
71
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
3.
.# Subject Matter. Remarks.
CD
13|Lighthouses, buoys and beacons.............. Superseded by 36 W., c. 40, s, 1 (D.) Recommended
for repeal
14|Recovery of arrears of land assessment...|Provincial.
15|Packet service between Bedeque and
Shediac............ .............................. Effete ; recommended for repeal.
16
sº * * * * * * * * * e º e º e º is e a tº e º e s e º e º e a e s ∈ e º ſº e º e s e º e º s e º e º a s e º º e º 'º º Not in force.
l
18|Purchase of lands for Government of
Prince Edward Island..................... Provincial.
19|............................................................ Not public general.
20............................................................ Not in force.
17 WICT.-1854.
1
tol ..................... .................................... Not in force.
3
4}................................. ........................... Not public general.
5|............................................................ Not in force.
6|Certain monetary obligations................. Recommended for repeal.
7|Steam communication between Charlotte-
town and interior............................. Repealed by 27 W., c. 32.
8|...... ..................................................... Not public general.
9
and } tº e º is e e º e º e o ºs e ºs e g g º e º e e º 'º e º e º e o is e º ºr e º 'º & © e s tº a e º e º is a e < * * * * * * Not in force.
10
11
and | • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
12
13|Prisoners under sentence of imprisonment
With hard labor................................ Consolidated.
14
and | }. ......................................................... Not in force.
15
16|.......................................... .................. Not public general.
17|Service of unbailable process.................. Provincial.
l&l............................................................ Not in force.
18 WICT.—1854–55.
il..…. s',•,• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
2|To authorize free trade with United States
of America under treaty of 1854......... Effete. Recommended for repeal.
3|Amending certain Acts relative to land
assessment....................................... Provincial.
4|Calling together of legislature during all
adjournment.................................... { {
and I } ........................... .............................. Not in force.
6
7|Relating to office of sheriff..................... Provincial.
8
and | } ................................................ ......... Not in force.
9
10|............................................ . . . . . . . . . . . . . . . . Not public general.
1]
and | }. ......................................................... Not in force.
12|
13|Wharf at Georgetown and other wharves|Repealed, 33 W., c. 2, s. 24.
14|.......................................... ......... ......... Not public general. * * * * * * , tº
15|Emigrants............................................. Expired, so far as relates to matters within legislative
control of Parliament of Canada.
723%
2389
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
$ºn-
# Subject Matter. Remarks.
16|Controller of customs and collector of
excise............ ................................. Repealed, 37 V., c. 27, s. 2 (D.
17|Controverted elections........................... Superseded, as to elections for House of Commons of
Canada, by 37 V., c. 10 (D.) . Recommended for
repeal in that respect. Provincial in other res-
pects, except S. 11, which is recommended for repeal.
18|Partition of lands.................................. Provincial.
19|Office of road correspondent.................... Provincial, except as respects postmaster-general and
assistant to postmaster-general ; ss. 2 and 5 super-
seded by 38 W., c. 7, s. 2 (D.) in this respect and
recommended for repeal.
20|Insane Asylums ......................... tº a s = e tº e s > * * Provincial.
21íContinues 12 Vict., c. l (relating to jail
limits)............................................. Effete. Recommºnded for repeal.
22|Surrogate and judge of probate............... Provincial.
23|Appointment of coroners........................ { {
24|Stamped instruments as evidence............ { {
25l......... ........................... ......... ...... ......... Not public general.
26|Opening up of new roads........................ Provincial.
27|Highways ............................................. { {
28|Legislative library................................. ( !
29
to } • e s tº a c e º s v e s e º e s s a t < e e s t e º s a s s a s e s e e s & e o e º is e º 'º a s e s a s e s a Not in force.
31
32|.................................... ......... ............... Not public general.
33]........................... ..... ........................... Not in force.
34.......................................... ........ ........ Not public general.
35
and • * * g e e s e e e s e s tº e s e s e e º s & s • * * * * * * * * * * * * * * * * c e º e s m e º e º e º e º a 6 Not in force.
36
19 WICT.-1856.
1|For raising a revenue............................. Ss. 61, 62 and 75 repealed by 31 W., c. 1, s. 28. The
whole repealed by 34 V., c. 1, s. 140.
2|Sale of spirituous liquors........................ Repealed by 34 W., c. 10, s. 1.
3|Weights and measures........................... Repealed by 39 V., c. 25, s. 2 (D.)
4|Regulation of mackerel fishery. Continu-
ation of 8 W., c. 20........................... Effete ; recommended for repeal.
5|Buoys and beacons. Continuation of 15
V., c. 33........................ .................. ( { { {
6!............. ...................... ............... ........" Not public general.
7|Evidence................................ ............... Provincial, except ss. 5-9, which are superseded as re-
- gards criminal matters by 32-33 W., c. 29, ss. 64 and
66-69 (D.), and 40 W., c. 26, s. 5 (D.), and are re-
commended for repeal in so far as they relate to
criminal procedure.
8|Limitation of actions respecting real estate|Provincial.
9|Estates tail............................................ ( {
10|Indians of Prince Edward Island............ Repealed in so far as inconsistent with or making same
provision as 39 V., c. 18 (D.), and 43 W., c. 28 (D.)
vide ibid, ss. 99 and 112 respectively. Recommended
for repeal.
111......... . . . . . . . ............................................ Not public general.
12|, ........ ......... ......... ......... ........................ Not in force.
13|To protect justices of the peace from vex-
atious actions................................. Provincial.
14|Light and anchorage duties.................... Superseded by 36 V., c. 40, s. 1 (9) (D.), and 37 V., c.
27, s. 2 (D.) Expired.
15|Ejectment and distress............................ Provincial.
16|......... ......... ......... ......... ............... ......... Not public general.
17|Charlottetown ferry and wharves........... Schedule B.
18|........................ .................................... Not public general.
19|Transferring to one of Her Majesty’s prin-
cipal secretaries of State the powers
and estates vested in the principal
officers ofthe ordnance
tº # * * * * * * : * g g g g º e s tº e ſt
Schedule B.
2390
History and disposal of Acts.
73
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued,
20e=#
21
Subject Matter. Remarks.
e g g g º e s tº : ...................................................|Not public general.
Elections............................................... S. 34 repealed by 19 V., c. 21, s. 33; ss. 9, 19, 21, 23, 24,
26-28, 31, 70 and 80 repealed by 24, W., c. 34; re-
mainder except s. 53, which is recommended for re-
peal, is provincial, but superseded as to elections
for House of Commons of Canada by 37 V., c. 9, s.
133 (D.), and 48-49 W., c. 40, s. 58 (D.) Recom-
mended for repeal. -
22|Duties of justices of the peace in regard
to indictable offences.. .................... Repealed by 40 V., c. 4, §. 9 (D.) so far as inconsistent
with 32-33 W., c. 30 (D.) Recommended for º
except s. 16 and scale of fees in Schedule, which are
provincial.
23|Duties of justices of the peace with regard
to summary convictions.................... S. 25 repealed by 33 W., c. 4, s. 1; whole Act repealed
by 40 W., c. 4, s. 9 (D.) so far as inconsistent with
32-33 W., c. 31 (D.) Recommended for repeal, ex-
cept s. 24, and scale of fees in Schedule, which are
provincial. -
24 ........ .................. ................................. Not public general.
25l............................................................ Not in force.
20 WICT.-1857.
l ..ºf
and k ................................................... ..... Not in force.
2
3|Practice of the Supreme Court............... Provincial.
4|Spirituous liquors................................... Repealed by 34 V., c. 10, s. 1.
5l............................................................ Not in force.
6|Additional assistant in post office............ Recommended for repeal.
7|Ferries and Minchin's wharf.................... Recommended for repeal in so far as regards ferries
and wharves within the legislative authority of the
Parliament of Canada.
8 f
and } • * * * * * * * * * * * * * * * * * * * * e o e º 'º e s tº º is a # s e s e e s s a e s e e s e º e e s e a s a e Not public general.
9 -
10.Better securing the liberty of the subject.|Schedule B.
11|Interpleader.......................................... Provincial.
12
and | }. ......................................................... Not public general.
13
14|.......................................... .................. Not in force.
15
and | }. ......................................................... Not public general.
16
17|........................ ........................... ......... Not in force.
18
and | }. ......................................................... Not public general.
19
20|Purchase of lands by government... ........ Provincial.
2ll............................................................ Not in force.
21 WICT.—1858.
l
and l k ................................................ ......... Not in force.
2
3|Confirming appointment of coroners and
fence viewers .................................. Provincial.
4|Interest on treasury Warrants.................. ( :
5|............................................. ...... |Not public general.
6|Publishing of notices relating to public
Service......................................... ... |Provincial
2391
7
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
-º-#
Subject Matter. Remarks.
| * * * * * * * * * * * * * * * * * * * * s a s e º 'º a s a e º - e º e º º e º e s a e º a tº e e e º 'º - e º s a e º 'º e Not public general.
8. Crown bonds......................................... Provincial.
9 Militia.......................... ........................ Recommended for repeal.
10 Swine running at large............ ............... Provincial.
11, Cape Race lighthouse toll....................... Repealed by 36 W., c. 11, S. 4, and again by 38 W., c. 32,
S. 1 (D.
12........................ .................................... Not in force.
#sº Court.............................. . - g g º e º 'º a Provincial.
14|Safe custody of insane persons charged
with offences, and to amend the law
with respect to offenders convicted of
crimes punishable with death............ Recommended for repeal, except s. 3, provincial.
15 Seduction.............................................. Provincial, except s. 10, which is recommended for
|
repeal.
personal property.............................
For revising and reprinting laws of island.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . . . . . . . . . . . . . . . . . . . . . . . .
* * * * * * * * * * * * * * * * s a e s e e s e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * , , , , , , , , , , , , , , , , , , , ,
*-* * * * * s is e º 'º e º & v tº e º ſº e º e º e s e s e
To prevent fraud by secret bills of sale of
º • v c e º e º e º e s s • * * * * * * * * * * * * * * * * * * * * * * * * * * * s • * * * * * * * * * * * * * * * * * * Not in force.
22 WICT.—1859.
|l
and ſ * * * * * * g e - - e º s º - - tº tº e º 'º - e º e & e - 4 © tº º e º 'º e s s a e - e. e. e. e. e. e º e a sº * * * * * Not in force.
3.......….............................................. Not public general.
4|Aliens (holding of real estate by)............ Recommended for repeal.
5|Appointment of coal meters.................... Effete. Recommended for repeal.
6....…............................ ....................... Not public general.
71........................ .................................... Not in force.
8|Regulating size and quality of fish barrels
and weight of fish made up therein
and appointment of fish inspectors.....|Expired.
9|To continue certain Acts........................ Effete. Recommended for repeal.
10l..…............ ....................................... Not in force.
11|…............. ........... .......................... Not public general.
12|To continue an Act relating to the ship-
ping of seamen................................. Effete. Recommended for repeal.
13-....... ..... ......... ......... ........................... Not in force.
14|Interpleader Act amended...................... Provincial.
15 |
to k … ................................................ Not public general.
#|ſ public g
23 WICT.-1860.
|||
and, ſ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
3|Amendment of laws relating to wills....... Provincial.
4|Registry of deeds ................................... ( (
5|Township boundary lines........................ { {
6|Harbor and ballast masters for Hills-
borough Bay.................................... Expired.
7|Judgment of Supreme Court.................... Provincial.
; Certain Acts continued.........................., Effete. Recommended for repeal.
Provincial.
{ {
Not in force.
Repealed, 34 W., c. 10, s. 1.
( & { { ( (
Not in force.
Repealed, 36 W., c. 3, s. 63.
2392
History and disposal of Acts.
7
5
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
#
Subject Matter.
‘Remarks.
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
To enable controller of navigation laws in
this island to grant and issue fishery
licenses to citizens of the United States
for vessels built in P.E.I. and owned
Not public general. ,
Recommended for repeal.
by them..........................................
21|Purchase of lands for government ........... Provincial.
22|Protection of Salmon fishery........... ........ Repealed, 32 V., c. 27, s. 8.
23|Bills of lading....................................... Schedule B.
24!............................................................ Not in force.
25|To increase amount authorized to be
loaned by land purchase Act............ Provincial.
; * * * * * * * * * * * * * * * * * * * * * * * * * * * * s a e º m e º 'º e s e s e s e º e º e º e s a e º e e e e º e s Not public general.
and } * * * * * * * * * * * * * * * * * * * * * s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not in force.
28
29
to | * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * c e a Not public general.
34
35|Rights of married women........................ Provincial.
36......... ..................... ....... ..................... Not public general.
371............................................................ Not in force.
38 ........................... ................................. Not public general.
39|Offices of clerk of the executive and legis-
lative councils......................... ....... Provincial.
40|For the transfer of the management of the
inland posts within Prince Edward
Island.............. .............................. Repealed by 38 W., c. 7, s. 2 (D).
41 Office of sheriff....................................... Provincial.
42||Cash ºn: with Bank of Prince Edward { {
S18. Il Cl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43.............................. .............................. Not in force.
24 VICT.-1861.
ll............................................................ Not in force.
2.............................. .............................. Not public general.
3|Revising and reprinting of laws of Island Provincial. i
4............................................................ Not public general.
5|Judgments of Supreme Court................. Provincial.
6|............................................................ Not in force.
7|For preservation of Alewive Fisheries......Ss. 4-8 repealed by 26 V., c. 10, s. 1; SS. 11 and 12 effete
and recommended for repeal ; S. 10, Schedule B.
Remainder expired. -
8]............................................................ Not in force.
9|Transfer of inland posts.......................... Repealed by 25 V., c. 10.
10|Grand and petit jurors........................... S. i0 repealed by 33 W., c. 3, s. 14; SS. 20, 21; and s. 33
from “ or ’’ in line 11 to the end of the section,
which are superseded by 40 V., c. 4, and 32-33 W.,
c. 29 (D) and s. 30 which is effete, are recommended
for repeal as respects criminal matters. Remain-
der provincial.
11|Organization of a volunteer force............ Ss. 4 and 10 repealed by 25 V., c. 1, S. 1 ; whole Act
repealed by 29 V., c. 2, s. 80.
12...... ...................................................... Not in force.
l3|Appointment of Hog Reeves.................... Provincial.
14
and ............. ........................................... Not public general.
I5
16|Prevention of smuggling........................ Effete; recommended for repeal. * Hy
17|To prevent congregations being disturbed Superseded by 40 W., c. 4 and 32-33 W., c. 20, s. 37 (D),
and recommended for repeal.
18|Conveyance of real estate by married
WOInell
a c e s is a e s e e s tº e º 'º e º 'º - e s a e e º s a tº e s s a t < * * * * * * * * *
Provincial.
2393
76 FIistory an
d disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
3. Subject Matter. Remarks.
C
19 -
and | }. ......................................................... Not public general.
e 20 - -
21|D and assessment on Princetown........ ::...|Provincial.
22|Punishment of persons who shall be guilty
of certain trespasses named............... Expired.
23!Continues certain Acts........................... Effete ; recommended for repeal.
24
and k ........ • * g º e e º e s e º e º a s e a e s e º e s tº e o a 4 e s a • * * g e º e º 'º e º 'º e < * * Not public general.
25
26|Packets to Nova Scotia and New Bruns-
wick............................................... Effete; recommended for repeal.
27|Punishment of robbery and rape.............. S. 3, Schedule B. ; remainder recommended for repeal.
28|To exempt certain bills of exchange, pro-
missory notes, contracts and agree-
ments from the operation of the laws
relating to usury..............................
29|Protection of copyright..........................
30l............................................................
31|To protect persons employed in the publi-
cation of parliamentary papers ........
32
and | e º e º º º e º a “ º e o 'º e º 'º - tº e º º t t e º 'º tº e º 'º e º s º a 4 & s e e º is a tº a e º e < e < e a t e e
33
34|Election laws .......................................
35|Funds for education purposes..................
; To consolidate laws relating to education.
37]......... ............................................ ......
Repealed by 31 W., c. 8, s. 1.
Repealed so far as inconsistent, 38 V., c. 88, s. 29 (D.)
Recommended for repeal.
Not public general.
Consolidated, except S. 4, provincial.
Not public general.
Ss. 18, 24 and 28 recommended for repeal. Remainder
superseded as to elections for House of Commons of
Canada, by 37 V., c. 9, s. 133 (D) and 48-49 W.; c.
40, s. 58 (D) and recommended for repeal in that
respect.
Expired.
Repealed by 31 W., c. 6, s. 1.
Not in force.
25 WICT.—1862,
1|Volunteer force......................................
2|Statute labor and expenditure of public
money on highways ................. * * g s e e a
3Continues certain Acts........ * * * * * * * * * * * * * * * * * * 0.
4To give effect to report of commissioners
on land question............................. *
5|Spirituous liquors...................................
6|Recovery of Small debts..........................
7|For raising a revenue.............................
8]............................................................
9|Electric telegraph communication............
10|Tranfer of inland posts of Prince Edward
Island.............................. ...............
11|To authorize the Government to prohibit
the exportation of military or naval
stores or provisions..........................
To facilitate the operation of the report of
the commissioners on the land ques-
tion. ......... ......... ...........................
13|Limited partnerships..............................
14|Standard weight of grain and pulse........
15 -
to X ........................ ......... ........' ...... .........
17
18|Constitution of the Legislative Council...
19íTo authorize grants of the shores of the
l
2
\
and j e e s - e. e. e. e º e s = w tº e s - 4 • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2]
island.......................... ............. ..., |
Repealed by 29 W., c. 2, s. 80.
Provincial, except ss. 31 and 48, which are recommended
for repeal.
Effete ; recommended for repeal.
Provincial.
Repealed by 34 V., c. 10, s. 1.
Repealed by 36 V., c. 3, s. 63.
Effete ; recommended for repeal.
Not public general.
Recommended for repeal.
Repealed by 38 W., c. 7, s. 2 (D.)
Recommended for repeal.
Provincial.
Provincial, except s. 9, Schedule B.
Repealed by 39 V., c. 25, s. 2 (D.)
Not public general.
Provincial.
Recommended for repeal.
Not public general.
2394
History and disposal of Acts.
77
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.


# Subject Matter. Remarks.
CD
22|To promote vaccination.......................... Provincial, excepts. 9, which is recommended for repeal.
23|For vesting all estates and property occu-
pied by or for the naval service of the
United Kingdom in the Lord High
Admiral.................................. ....... Schedule B.
24|Naturalization of aliens.......................... Superseded by 44 W., c. 13, S. 46 (D.) Recommended
for repeal.
25|Proof of public documents..................... Provincial.
*.….......' …................................... Not in force.
26 WICT.-1863.
ll.................... . . ........ ......... ..................... Not public general.
2......... ................................................... Not in force.
3|Steam navigation in the island............... Repealed by 37 V., c. 27, s. 2 (3) and Schedule (D.)
4|............... ............... ............... ............... Not public general.
5|Education............................................. Repealed by 31 W., c. 6, s. 1.
6|Statute labor......................................... Provincial.
71............................................................ Not in force.
8|Military barracks, Charlottetown........... S. 4 repealed by 29 W., c. 4, s. 1. Remainder provincial.
9|Certain Acts continued.......................... Expired.
10|To amend Act for preservation of alewive
fisheries...... .................................... S. 1 effete and recommended for repeal ; S. 2 expired.
11
tol ......... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
13
14|Naturalization of aliens.......................... Superseded by 44 W., c. 13, S. 46 (D.) and recommended
for repeal.
15|Authorizing Legislative Council and
House of Assembly to commit prison-
ers in contempt to common gaol of
Queen's county
tº e º $ tº $ tº e º is g º a º ºs 4 & # * g º 'º º ºs s ſº tº gº tº # e.
is s e º e º e e º 'º e e e g g g s e e º 'º a tº a s is e e s tº e º 'º e º s 6 & & e s e e º is e s e s e i e s e º e &
s a s a tº e s e º a s s e s e s is tº s e º e s e º ºr a s e s is a e s tº a s s = e º 'º e º e º ºs e e º is s & s a s e e º e
Provincial.
Not public general.
Not in force.
27
WICT.—1864.
.
:
i
6 s is º ºs e º e º 'º e s a w e º & & E e s tº e º & e º # * * * * * * g º e º te e is a ſº e º e º e º e g º is e s tº º is e is
Landlord and tenant and to enable ten-
ants in certain townships to purchase
the fee simple of their farms..............
Trial of actions in a summary way
Establishment of a bank for savings
Inspection of flour and meal
a g o e g º g º º
* * * g tº a tº $
Bills of exchange and promissory notes...
Not in force.
Provincial.
( &
Repealed by 31 W., c. 24, s. 1.
Superseded by 37 V., c. 45 (D.) Recommended for
repeal.
Ss. 1 and 2 consolidated; remainder provincial.
Office of commander in chief..................
Relief of insolvent debtors.....................
Alewive fisheries...................................
Destruction of partridges or tree grouse...
Legislative council ................................
Specie currency of Prince Edward Island
Additional small debt courts..................
Oyster fisheries......................................
Not public general.
Recommended for repeal.
S. 1, Schedule B; remainder effete and recommended for
repeal.
Effete ; recommended for repeal.
Provincial.
Not in force.
Not public general.
Provincial.
Repealed by 35-36 V., c. 12, s. 5.
Repealed by 36 W., c. 3, s. 63
|Repealed by 28 W., c. 13, s. 2
4.
& 8
No. public general.
2395
7
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.

*
Q-
.# Subject Matter. Remarks.
O
21|Proceedings in court of chancery. ......... , Provincial.
22|Marriages......... .................................... { {
23|Marine court of inquiry.......................... Superseded by 37 W., c. 27, s. 1 (D.) Recommended for
24 repeal.
to ............... ......................................... Not public general.
26
27|Partition of lands................................. Provincial.
28|............................................................ Not public general.
29|Land assessment......................... .......... Provincial.
30|.............................. ......... ..................... Not public general.
31|Prince of Wales College...... ................. Provincial.
32|Steam communication between Charlotte-
town and Hillsborough.................... Schedule B, except s. 5, which is effete and recommend-
ed for repeal.
33]............................................................ Not public general.
34|Payment of certain debentures............... Provincial.
35|Amendment of Act respecting cash ac-
count with bank of Prince Edward
Island............................................. { { -
36|Fraudulent marking of merchandise........ Repealed by 40 V., c. 4, ss. 1 and 9 (D.), so far as incon-
sistent with or making provision in any matter
provided for by 35 V., c. 32 (D.) Recommended
for repeal.
37|Assessment of lands and encouragement
of education..................... ............... Provincial.
38]............................................................ Not in force.
28 WICT.-1865.
l!............... ............................................. Not public general.
2|Lights on vessels in harbor..................... Repealed by 30 V., c. 13, s. 4.
3............................................................ Not in force.
4.......................................... ................. Not public general.
5|To assist leaseholders in the purchase of
the fee simple of their farms.............. Provincial.
6|Amendment of the law and for the better
advancement of justice.................... ( &
7|Amendment of land purchase Act........... { {
8|Spirituous liquors................................. Repealed by 34 V., c. 10, s. 1.
9|Vaccination...... .................................... Provincial.
10|Boards of health................................... Recommended for repeal.
11|Salaries of collectors of impost and excise { { - { {
12|Militia .................................................. Repealed by 29 V., c. 2, s.80.
13|Oyster fisheries...................................... Repealed by 34 V., c. 20, s. 24.
14|Amendment of law of real property......... Provincial.
15|Hog reeves........................................... { {
16|Terms of court,..................................... { {
17|Wills and executors........ ..................... { {
18|Shipping of seamen................................ Repealed by 37 V., c. 27, s. 2 (3) (D.)
19|Inspection of pickled fish for exportation. Superseded by 37 V., c. 45 (D.) Recommended for repeal.
20|Act amending last Act.......................... ( { ( : { {
21|Bank of Savings.................................... Repealed by 31 W., c. 24, s. 1.
22............................................. .............. Not public general.
23|Appointment of clerks to justice of the
QC&C6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Expired.
24........' .................................... .............. Not public general.
25|Libel and slander........ ........................ Repealed by 37 V., c. 38, s. 14 (D.) so far as inconsist-
- ent there with ; ss. 3–8, ss. 9 and 10 in so far as
they relate to criminal matters, and s. 11, recom-
mended for repeal. Remainder provincial.
26i............................................................ Not public general.
*37.…................................................... Not in force.
28|To continue an Act continuing the Seduc-
, \ tion Act.......................................... Effete; recommended for repeal.
*Mayors court of Charlottetown.............. Provincial.

2396
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Continued.
Subject Matter.
Remarks.
20 WICT.-1866.
•l. . " " - “ 6 e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s , s a y < * * * * * * * * * * * *
i
l
Concealment of arms or munitions of war
intended for unlawful purposes
Transfer of certain funds
To continue certain Acts
Lights on vessels in harbor.....................
Titles to land acquired under land assess-
ment Acts
• * * * * tº tº #
e s s e a º e º ſº e s & e º e º & s sº tº e º a tº
* * s e e s & e º e g º e g º t e s tº e s is a tº
a tº t e º is $ $ tº e s tº s e º e s = e tº º in s is tº e e º 'º e g g g g s
* * * * * * * is $ $ e º º e º g tº tº dº ſº e e º e s is e e º e g º e º is e º e º e º 'º a
tº e º & e º 'º º is a tº * * * * * * * * * * * * * * * * * * * * * * * * * * e º s & e º e e g º e
Elections ........ : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Not in force.
Ss. 18, 28, 32, 55-57, 70, 71, 76 and 78 repealed by 30 V.,
c. 6, s. 26, and all other parts inconsistent there-
with ; , ss. 25, 34, 37 and 43 repealed by 32 V., c. 17,
s. 8. Remainder superseded and recommended for
repeal.
Recommended for repeal.
Provincial. -
Effete ; recommended for repeal.
Repealed by 29 W., c. 13, s. 4.
Provincial.
Recommended for repeal.
Repealed by 31 W., c. 12, s. 1. •
Provincial, except s. 11 from the commencement thereof
to “to '' in line 11, which is recommended for
repeal. Whole Act superseded as to elections for
House of Commons of Canada by 37 V., c. 9 (D.)
and 48-49 W., c. 40 (D.) and is recommended for
repeal in that respect.
|Savings bank, Prince Edward Island
Amending 5 W. IV, c. 10, entitled “An
Act to establish a court of divorce''..
To amend the law of real property.........
Small debt court in Prince county
Oyster fisheries (amends 28 W., c. 13)
Harbor masters salary, Hillsborough
$ 9 & º $ 8 & e º e º ſº º is $ $ is e e s e º e s e º e g º 'º s e e g tº e s a t e º e º e º is a º e g g g º ºs e º s º e
u º a s º e º 'º º tº º
& sº e º a tº
tº tº £ tº $ tº
Öffice te of Solicitor Generale e º e e º 'º e º e s a e g g is a , is e e º e
* * * * * * * g e g g tº dº tº e º e º & e º ſº tº
& e it tº 6 tº
Schedule B.
Provincial.
Not public general.
Repealed by 36 W., c. 6, s. 63.
Repealed by 34 W., c. 20, s. 24.
Effete ; recommended for repeal.
Not public general.
Provincial.
Not public general.
Provincial.
Repealed by 31 W., c. 24, s. 1.
23|To exempt property belonging to Her
Majesty from duties or assessments...|Provincial.
24 -
to ......... ......... ....................................... Not public general.
28
29|Conveyance and transfer of real and per-
sonal property vested in mortgagees
and trustees.................................... Provincial, except s. 59, recommended for repeal.
.32
to ................................................ ......... Not public general.
36
37|Benefit building societies....................... S. 33 repealed by 38 W., c. 7, s. 2 (D.); remainder,
Schedule B.
38i........................................................... Not in force.
30 WICT.-1867.
1||
and Revenue ............................................ Repealed by 31 W., c. 1, S. 40.
2 -
3|Authorizing Government to raise a loan...|Provincial.
4|Additional small debt courts ................. Repealed by 36 V., c. 3, s. 63.
5|Continues certain Acts.......................... Effete; recommended for repeal.
6|Militia and volunteer forces.................... Recommended for repeal.
T::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Not in force.
8|Continuing and amending certain Acts
relating to education
Repealed by 31 W., c. 6, s. 1.



2397
History and disposal of Acts.
REVISED STATUTES, PRINCE EDWARD ISLAND.—Concluded.
Subject Matter.
Remarks.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e e s a t < e s is e e s is 4 s e e º e º 'º º e º 'º
Land assessment....... ...........................
Exempting property of H. M. from duties
or assessments (amendment to 29 W.,
c. 23)
e a e º is a e g º e < e e s tº e º 'º e º º e º 'º e º 'º e º & a s & a s ºf e º 'º e º e º is
Not public general.
Provincial.
{ {
13|To compel masters of vessels to exhibit a
light while in harbor at night time ...|Superseded by 36 W., c. 40, s. 1 (D), and 43 W., c. 29
(D); recommended for repeal.
14|Limits and rules of gaols....................... Provincial.
15|Prince of Wales College......................... $ (
16|Proceedings in court of chancery ............ & C
17|Trustees and leasehold estates................. { {
18|Practice and pleading in Supreme Court. Provincial, except s. 14 from “provided" in line 9 t
the end of the section, which is recommended for
repeal.
31 WICT. - 1868.
1|Revenue ................. .............................. Repealed by 32 V., c. 1, S. 42
2|Sale of spirituous liquors........................ Repealed by 34 W., c. 10, s. 1
3|Land purchase.............. ........................ Provincial.
4|Settlement and cultivation of public wil-
derness lands................................... { {
5|Continues “Act regulating size and
quality of fish barrels, &c.”............... Effete ; recommended for repeal.
6|Education............................................. Provincial, except s. 32, in which the words “and
militia duty " are recommended for repeal. -
7......................................... .................. Not in force.
8|Rate of interest.......................... . . . ...... Ss. 2, 3 and 4 consolidated ; remainder recommended
-- for repeal. - - -
9|To prevent accidents to persons travelling
on ice............................................. Provincial. - - -
10|Marriages ............................................. Provincial, except s. 2, which is effete and is recom-
mended for repeal.
11|Incorporation of societies for seed grain...|Provincial.
12|Better security of Crown and Government|Superseded by 40 W., c. 4, ss. 1 and 9 (D); recommend-
&, ed for repeal.
13|To empower Government to spend £10,000
in purchase of lands......................... Provincial.
14|Due observance of Lord's day................. Schedule B.
15|Relief of unfortunate debtors.................. Revived # 37 W., c. 46 (D), but repealed by 38 V., c. 16
S. 149 (IO).
16|Language of sheriffs' deeds..................... Provincial. )
17
to 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
23
24|Amending Acts relating to savings bank. Recommended for repeal.
25|Salaries payable to Attorney and Solicitor
General
tº e º s e e º a tº e º ſº e º 'º e º 'º £ tº gº & tº º $ 8 tº º 'º e º 'º º ſº tº e º e º º tº e s
Provincial.
—-s
ACTS OF PRINCE EDWARD ISLAND, SINCE REVISED STATUTES.
32 WICT –1869.
lsº &c.......................................... Repealed by 33 W., c. 1, s. 43.
2|Salary of Lieutenant Governor
3|Board of Works
* * * * * * * * * * s e g º e
* * * * * * * * * * * * * * * * * * * * * * * is s e º is e º ſº tº e s ∈ e s a
4|Assistant judge of Supreme Court and
vice chancellor of Court of Chancery.|Provincial, except ss. 1, 12 and
Recommended for repeal.
Provincial, except portions of ss. 1, 3, 6 and 9, which are
recommended for repeal.
QQ
4- )
which are recom .
mended for repeal.



2398
History and disposal of Acts.
81
ACTS OF P.E.I., SINCE REWISED STATUTES,-Continued.
- # Subject Matter. Remarks.
Ö
5|Publication of public notices .................. Provincial.
6|Weights and measures........................... Repealed by 39 V., c. 25, s. 2 (D).
7|Bills of sale of personal property.............. Provincial.
8]........................................... ................ Not public general.
9|Loans................................................... Provincial.
10|Land purchase....................................... { {
11|Service of divorce process on absent
parties. ......... ................................. Schedule B.
12|Small debts courts................................. Repealed by 36 V., c. 3, s. 63.
13|Savings bank....... ................................. Recommended for repeal.
14|Sheriffs.................................................. Provincial.
15|Supreme Court........... .................. ........ { {
16|Relief of unfortunate debtors................... Repeal d by 38 V., c. 16, s. 149 (D).
17|Militia........... ....................................... Recommended for repeal.
18|Carrying out of capital punishment with-
in prisons .................. • * * * * s tº * * * * * * * * * * * * * * { { ( &
19|Offences against person and property and
repeal of Act relating to treasons and
felonies......... ......... .............. ......... ( { { { -
20|Patents................................................. Repealed so far as inconsistent, 38 W., c. 14, s. 5 (D).
- Recommended for repeal.
21|Limits of Saint El: anor's gaol................. Provincial.
22
and ......................................................... Not public general.
23
24|Sheriffs' deeds.............................. ......... Provincial.
25
and ' ........................... ......... ..................... Not public general.
26|| }
27|Protection of salmon fisheries.................. Recommended for repeal.
28l................................. .................. ......... Not public general
29|Polling divisions, Prince County............ Superseded by 48-49 V., c. 40, (D). Recommended
for repeal as respects elections for the House of
30. Commons of Canada.
to X ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
32
33|Supplies................................................ Effete.
34|Telegraphic communication ......... ......... Schedule B.
* 33 WICT.-1870.
1|Customs, &c.......................................... Repealed by 34 V., c. 1, s. 140.
2|Public wharves and bridges.................... Recommended for repeal. -
3|Special juries......................................... Provincial, except s. 6, which is recommended for repeal
as respects criminal matters.
4|Appeal causes....................................... Provincial, except s. 3, which is recommended for repeal
as respects criminal matters.
5|Government Suits at law........................ Provincial.
6|Census............... ............ ..................... Recommended for repeal.
7|Georgetown ferry................................... Schedule B.
8|Elections...................................... ......... Provincial.
9|Liquor licenses...................................... Repealed by 34 V., c. 10.
10|Idiots, lunatics and persons of unsound
mind...................................... ......... Provincial.
ll|School teachers' salaries........................ { {
12|................................................... ......... Not public general.
13|Pilots............ ....................................... Repealed by 37 V., c. 27, s. 2 (D.)
14|............ ......................................... . . . . . . . Not public general.
15|Statute labor by volunteer militia........... Provincial.
16|Clerk of legislative council.................... ( &
17|Repeals certain sections of currency Act.|Effete; recommended for repeal.
18|........................... ......... ............... ......... Not public general. - - -
19|Patents ....................................... ......... Repealed so far as inconsistent by 38 W., c. 14, s. 5 (D.)
Recommended for repeal.
20|Better government of certain towns and
Villages ..........................................
Provincial, except s. 14, which is recommended for
repeal.

2399
82 History and disposal of Acts.
ACTS OF P.E.I. SINCE REWISED STATUTES—Continued.
a. e
.# Subject Matter. Remarks.
O
\
21|Law costs............................................. Provincial.
22..........................................................." Not public general.
23|Escheat............ .................................... Provincial.
24!............................................................ Not public general.
251Coal meters........................ .................. Expired, as to matters within legislative authority o
Parliament of Canada. º
26|........................... ................................. Not public general.
27|Supplies................................................ Effete. |
34 VI CT.--1871.
1|Customs, &c,......................................... Ss. 1–5, 54, and 122 repealed by 35 V., c. 1, s. 11, and
again by 36, W., c. 1, s. 11. Remainder expired.
2|Supreme Court...................................... Recommended for repeal.
3|Savings bank......................................... { { & 4
4|Prince Edward Island railroad............... Ss. 13-26 superseded by 44 V., c. 25 (D.), ss. 29 and 31.
Remainder effete and recommended for repeal.
5|Decimal currency................................... Recommended for repeal, except s. 3, provincial.
6|Relief of unfortunate debtors.................. Repealed by 38 V., c. 16, s. 149 (D.)
Tl.................... ....................................... Not public general.
8|Harbor of Hillsborough bay, and port of
Charlottetown................................ Recommended for repeal.
9|Tenants' compensation Act.................... Provincial.
10|Liquor licenses...... .............................. Provincial, except Ss. 44 and 47, which are recommend-
ed for repeal.
ll............................................................ Not public general.
12|Continues certain Acts.......................... Effetc.; recommended for repeal.
13|Steam communication between Charlotte- -
town and Mount Stewart bridge........ Schedule B.
14|Treasury Warrants................................. Provincial.
15|Purchase of Stock farm.......................... { {
16|Light and anchorage duties.................... Recommended for repeal.
17|Crown grants....................................... Schedule B.
18
and ......................................................... Not public general.
19
20|Island fisheries...................................... Part of S. 4 repealed by 35-36 W., c. 20, s. 1. Remain.
der recommended for repeal. º
21|Public wharves and bridges.................... ; Recommended for repeal.
22|Georgetown ferry ................................. Schedule B.
23|Dower................................................... Provincial.
24|Trustees and executors........................... * {
25|Physicians and surgeons........................ & (
26|Registry of mortgages and memorials of
judgments.............................. .......
27|Law costs............................................. * {
28|Small debts court..........* * * * * * * * * * * * * * * * * * * * * * * * * Repealed by 36 V., c. 3, s. 63.
29|Executors and administrators dealing
With mortgages................................ Provincial.
30|Evidence............................................... * {
31|Terms of Supreme Court........................ { %
32|Small debts court................................... Repealed by 36 V., c. 3, s. 63.
33|Hillsborough and other ferries................. Recommended for repeal.
34]......... ......... ......... ................................. Not public general.
35|Fees on naturalization.......................... Recommended for repeal.
36|Boundary line commissioners......... ........ Provincial.
37
and X ......................................................... Not public general.
38
39|Vaccination.................. ........................ Provincial.
40
to k ......... ......... .............* - - - - - - - - - - - - - - - - - - - - - - - - - Not public general.
42
43'Exportation of arms.............................. Recommended for repeal.
2400
History and disposal of Acts.
ACTS OF P.E.I. SINCE REWISED STATUTES—Continued.
Subject Matter.
&
Remarks.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º e a tº e s e º e º is a
Not public general.
Effete.
35–36 WICT.-1872.
1|Customs, &c.......................................... Expired.
2|Treaty of Washington........................... Recommended for repeal.
3|Supplies.................. ........... .................. Effete.
4
to } ........................................................, |Not public general.
6
7|Opening and closing public offices........... Recommended for repeal.
8|Accidents by fire ................................... Provincial.
9|Registry of deeds........ ........ .................. { {
10|Tenants' compensation Act, 1872............. { {
111............................................................ Not public general.
12|Decimal currency................................... Recommended for repeal.
13|P.E. I. Railway...................................... Effete ; recommended for repeal.
14|Prothonotary......................................... Provincial.
15] ........................................................... Not public general.
16|Sea Weed and kelp ................................ Expired.
17
and k ......................................................... Not public general.
18
19|Board of works....................................... Provincial.
20|Inland fisheries...................................... Recommended for repeal.
21
to | s e e s e s ∈ e º e º e s ∈ e s ∈ e º s e s is e º sº a e º e e s e s e s e º 'º s = e º 'º e s s a e e s = e º s º is Not public general.
#|ſ
28|Subscriptions to public and other works...|Provincial.
29|Continues certain Acts........................... Recommended for repeal.
30|Life assurance....................................... Provincial.
36 WICT.-1873.
1|Customs, &c.......................................... Expired.
2|Amends preceding Act........................... { {
3|County courts... ........ ........................... Provincial, exc-pt ss. 7, 9, 10 and 43, which are recom-
mended for repeal.
4|Regulation of railways........................... Recommended for repeal.
5|Crossings on railway line ... ................... ( { { {
6|Wild ducks, snipe, woodcock and bittern Provincial.
7|Absent debtor Act................................. ( &
8|Supplies......... ....................................... Effete.
9|Sale of liquors—Georgetown .................. Provincial.
10|Continues certain Acts........................... § {
11|Cape Race lighthouse toll ...................... Recommended for repeal.
12|Steam communication between P. E. Island
and Nova Scotia and New Brunswick|Effete ; recommended for repeal.
13
tol ) ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
15
16|Judgments affecting real estate............... Provincial.
17|.................. ........................... ..... ......... Not public general.
18|Continues 35 and 36 W., C 8.................... Provincial.
191............................................................ Not public general.
20|Written acknowledgments of debt............ Provincial.
21|Estates of intestates............................... ! {
2401
History and disposal of Acts.
ACTS OF P.E.I., SINCE REWISED STATUTES—Concluded.
Subject Matter.
Remarks.
Process, practice and pleadings in the
Supreme Court.................................
Law of inheritance and distribution of
intestates' estates.............................
Amendment of “Tenants' compensation
Act, 1872.”......................................
Provincial, except s. 28 from “provided” in line 19 to
the end of the section, and ss. 229 and 281, all
which are recommended for repeal.
Provincial.
{ {
Not public general.
2402
I)OMINION OF CANAI)A.
31 Vict. — 1867-68. 4l Wict.—1878.
32–33 Wict.—1869. 42 Wict.—1879.
33 Wict.–1870. 43 Wict.—1880.
34 Vict.—1871. 44 Vict.—1881.
35 Vict.—1872. 45 Wict.—1882.
36 Wict.—1873. 46 Vict.—1883.
37 Vict.–1874. 47 Vict.—1884.
38 Vict.—1875. 48–49 Wict.—–1885.
39 Vict, — 1876. 49 Wict.—1886.
40 Wict.—1877. -
a. *
.# Subject Matter. Remarks.
KD
| - —-ar
31 VICT.—1867-68.
interpretation Act................................. ‘Consolidated, except s. 5, which is repealed by 46 W.,
}

| c. 1. s. 1; sub-s. 16 of s. 7, which is repealed by 46
. * , V., c. 1, s. 2; sub-s. 28 of s. 7, which is repealed by
. . 49 V., c. 2, s. 1; sub-s. 35 of s. 7, which is repealed
by 46 W., c. 1, s. 2; ss. 10 and 11, which are repealed
g
by 38 W., c. 1, s. 1; and s. 15, which is repealed by
i 49 V., c. 2, s. 3.
Speaker of the House of Commons...........|Repealed by 48-49 V., c. 1, s. 4.
|Indemnity to members........................... !Consolidated. except s. 1, which is repealed by 36 V.,
| - ! c. 31, s. 13; s. 12, which is repealed by 36 V., c. 31,
- s. 14; and ss. 10, 11 and 13, ... are recommended
2
3
!. for repeal.
*Supplies.............................. ................. |Effete, and recommended for repeal.
ã|Collection of the revenue, &c....... & a e s is e e s tº "Repealed by 41 W., c. 7, s. 77.
G|Customs ..... tº e g º e s tº º e º & ſº º ſº º is is tº º e s . . . . . . . . . . . . . . . . . . . . . Repealed by 40 V., c. 10, s. 143. **
7|Duties of Customs............ . . . . . . . . . . . . . . . . . . . . . S. 8 is consolidated; ss. 1-4, 7, 9, 12 and 15, and Sche-
dules A, B, C, D and E, are repealed by 31 W., c.
44, s. 1; ss. 5, 6, 10, 11, 13, 16 and 17 are superseded
- by 46 W., c. 12, and are recommended for repeal; S.
l 14 is superseded by 42 W., c. 15, s. 1, and is recom-
mended for repeaſ; and ss. 18, 19 and 20 are effete,
i and are recommended for repeal.
§Inland revenue................. tº e < * g e e º 'º e º ſº e º e º e º º e tº iRepealed by 43 W., c. 19, s. 190.
9|Duties on promissory notes and bills of
exchange........................................ |Repealed by 42 W., c. 17, s. 1.
10|Postal service................. is g g g tº º ºs º a ſº gº tº e e º e º 'º e ºs e e |Repealed by 38 W., c. 7, s 87.
łllBanks....................... tº º e º e º ſº & tº a B tº * * * g e tº p * * * * * * > * * Temporary. Expired.
12|Public works of Canada........................ Consolidated, except ss. 1-7, which are repealed by 42
W., c. 7, s. 15; s. 13, which is repealed by 47 W., c.
* | 16, s. 1; s. 16, which is superseded by 41 V., c. 7, 8.
: 33, and is recommended for repeal ; s. 27, from.
- ! “and,” in line 6 to the end of the section, which
i : is recommended for repeal; the last twelve words
of s. 44, which are repealed by 42 W., c. 8, S. l ;
<. i so much of, or in so far as s. 67 relates to ‘‘ Rail.
i ways managed by Companies in Nova Scotia
: - and New Brunswick,” which is recommended for
i | repeal; the last three lines of s. 70, which, are
recommended for repeal ; and s. 71, which is effete,
| * > e and is recommended for repeal. &
13|Intercolonial railway.............................. S. 3 is repealed by 37 V., c. 15, s. 1; remainder, Schedule
B.
14|Lawless, aggression from subjects of -
foreign countries...... * * * * * * * * * s w a s & e º e s e º e s e s Consolidated, except s. 5, which is recommended for
sº º repeal. e
35|Unlawful training to the use of arms........ Consolidated, except the last 28 words of s. 7, which are
sup rseded by 32-33 W., c. 29, s. 134, and are re-
commended for repeal.
*Apprehension of persons suspected of
CODSPlling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... Temporary. Expired.
73% 2403
86 History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
É Subject Matter. Remarks.
17 -
to & e º e º 'º e º e º 'º & e s is e º e º e º e º e º e º se e º e a s e º e º a w e s tº Not public general.
2}
22|Continuing Parliament in case of demise
of the Crown.......................... * * * * * * * * * * Consolidated.
23|P ivileges of Senate and House of Com-
In ODS. . . . . . . . . . . . . . . . . • * * * * * * * * * * e º e º e º a e º ºs t tº e º is tº tº { {
24|Oaths to witnesses for purposes of Parlia-
ment,....... • * * ~ e º 'º g tº * * * * * * * * * * * * * * * * * * * * * * * * * * a s e. e. Conºlºd, excepts. 4, which is recommended fo
; : repeal. -
25|Independence of Parliament........ * * * * * * * * * * * * Repealed by 41 V., c. 5, s. 16.
26|Indemnification of certain members having
voted while holding office................. Recommended for repeal.
27: Internal economy of House of Commons...|Consolidated, except s. 2, from “direction’’ in line 6 to
“during '' in line 7, which is superseded by 49 W.
c, 22, s. 12, and is recommended for repeal; Ss. :
and 6, which are repealed by 49 W., c. 22, s. 17; and
- S. 11, which is effete, and is recommended for repeal
28: Interpretation Act amended............ ...... Consolidated.
29: To continue certain Acts........................ Effete, and recommended for repeal.
30i Commencement of certain Acts............ e tº s { { - ( :
31}Supplies........... * * * * g e s a e e º 'º - e. e. e. e. e. e. e. a t e e º e s tº e - e s e s is a tº { { { {
32 Consolidated revenue fund........ 4 * * * ~ e º e e a tº s tº Consolidated.
33;Governor, civil list, &c........................... |Cousolidated, except S. 4, which is effete, and is recom
mended for repeal. |
34|Civil Service.......................................... Repealed by 45 V., c. 4, s. 56.
35|Contingencies, stationery, &c................. Consolidated, except s. 1, from “of” to “maps” in line
4, which is superseded by 49 V., c. 22, s. 3, and is
recommended for repeal; s. 2, from “and” in line 5
to the end of the section, which is recommended fol
repeal; and ss. 12, 13, 14, 15, 16 and 17, which are
- repealed by 49 V., c. 22, s. 17.
36; Commissions, oaths of office.................... Consolidated.
37 Security by public officers........... tº e º 0 tº ſº º º q t is , tº Consolidated, except s. 1, which is effete and is recom-
- . mended for repeal, and sub-s. 1 of s. 3, which is re-
pealed by 33 W., c. 5, s. 1. º
38|Inquiries concerning public matters...... ...|Consolidated.
39|Department of Justice.......... & º is ſº tº tº tº º 0. * * * * * * e s - e. º { {
40|\lilitia....... * @ e º e. e. e. e º 'º e º is tº e • * * * * * * * * * * * * * * * * * * * * * * * * * * * . Repealed by 46 W., c. 11, s. 99.
41 ||Expense of certain works of fortification...|Recommended for repeal.
42|Department of Secretary of State...... ....., |Ss. 1-3, 40 and 41 are consolidated ; s. 4, is repealed by
48–49 V., c. 2, s. 1; ss. 5-33, 37 and 38 are re-
pealed by 39 V., c. 8, s.99; ss. 34–36, 39 and 42 are
• recommended for repeal. -
43|Department of Customs. .......... ..............|Consolidated, except ss. 4 and 6, which are recommend-
- 4. ed for repeal. -
44|Duties of customs...................................|S. 11 is consolidated; s. 6 is repealed by 33 W., c. 9, s.
14; S. 8 is repealed by 33 W., c. 9, s. 10; and the re-
mainder of the Act is recommended for repeal.
45|Currency........ * c e s s a s ................................|S. 2, from the beginning of the section to “ Bruns-
wick,” in line 9 is consolidated, and the
remainder of that section is effete and is recom-
mended for repeal ; the remainder of the Act is re-
pealed by 34 W., c. 4, s. 11.
46|To enable banks to use Dominion notes...|S. 8, from “therefore ” in line 26 to “payable '' in
line 38, and from “and” in line 48 to “payable'?
in line 59, and s. 13 from the beginning of the sec-
tion to “fineness '' in line 5, and s. 14, are
consolidated ; ss. 1-7 are repealed by 33 W., c. 10, s.
l; S. 10 is repealed by 33 W., c. 10, s. 2; ss. 9 and 11
are repealed by 33 W., c. 10, ss. 7 and 8 respectively;
so much of S. 8 as relates to the amount of Dominion
notes which may be issued and outstanding at any
time, is repealed by 33 W., c. 10, s. 2; s. 12 is super-
Seded by 43 W., c. 13, s. 5, and is recommended for
repeal ; and the remainder of Ss. 8 and 13 and S. 15.
are recommended for repeal. -
2404
History and disposal of Acts.
87
ACTS OF THE DOMINION OF CANADA.—Com/i/ed.
# Subject Matter. Remarks.
O
47|Copper coins and tokens......... ............... Consolidated.
48|Insurance companies................. & a s e s e º e s ∈ s. s = Repealed, in so far as it relates to fire and inland
marine insurance, by 38 W., c. 20, s. 24, and remain-
der of Act repealed by 40 V., c. 42, s. 29.
49|Department of Inland Revenue............... Ss. I-4 and 6 are consolidated and SS. 5 and 7 are recom-
mended for repeal.
50|Excise duty on spirits and refined petro-
leum ............... ...... • * * * * * * tº c a tº e s - e < * * * * * * * * Repealed by 40 V., c. ll, s. 8.
51|Duty on tobacco................. a e s a e s - a • * * * * * * * * * * Repealed by 43 W., c. 10, s. 100.
52|Penalties in respect to stamp duties......... Recommended for repeal.
53|Department of Agriculture........ . ............ Ss. 1 and 2 and 4-7 tire consolidated and Ss. 3 and 8 are
recommended for repeal.
54|Copyright............. ................................|Repealed by 38 V., c. 88, s. 29.
55|Trade marks...... * * * * * * * * * * * * g e s s e e e e º 'º w s = e s • * * ...... iRepealed by 42 W., c. 22, s. 38.
56|Duty on foreign reprints of British copy-
right Works.................................... Superseded by 42 V., c. 15, and recommended for repeal.
57|Department of Marine and Fisheries......... Ss. I and 2 are consolidated ; s. 5, from the beginning
of the section to “supervision,” in line 6, is
consolidated, and the remainder of the section is
superseded by 33 W., c. 18, s. 1, and is recommended
for repeal; and ss. 3 and 4 are recommended for
- - - - repeal.
58|Navigation of Canadian waters.............., |Repetlied by 43 W , c. 20, s. 1.
59|Lighthouses, buoys and beacons,.............|Ss. 1, 4, 6-8 and 12-14 are consolidated ; S. 9 is repealed
- by 33 W., c. 18, s. 3; and ss. 2, 3, 5, 10, 11, 15 and
- 16 are recommended for repeal.
60|Fishing and fisheries............ tº 6 - 0 & - - - - - - tº ......|Consolidated, czcept sub-ss. I and 2 of s. 7, which are
- repealed by 38 W., c. 33, ss. 1 and 2 ; paragraphs 4, 5
and 7 of s. 21, which are repealed by 38 V., c. 33, S. 4;
and sub-s. 3 of s. 14, sub-s. 2 of S. 16, S. 20, s. 21 and
- s. 22, all of which are recommended for repeal.
61|Fishing by foreign vessels............ ........... Consolidated, except s. 3, which is repealed by 33 W., C.
15, s. 1; s. 5, which is repealed by 34 W., c. 23, S. 1 ;
s. 6, which is repealed by 34 V., c. 23, s. 2, and S. 21
- which is recommended for 1 epeal.
62|Harbor police........ tº º ſº & 6 º' tº e º & s s ...................., |Repealed by 45 V., c. 48, S. 12.
63|Quarantine and public health.............. ... Repealed by 35 V., c. 27, s. 11.
64|Sick and distressed mariners..................|Consolidated, except sub-s. 3 of s. 4, which is repealed
- by 38 V., c. 31, s. 1; and ss. 15-17, which are re-
commended for repeal.
65|Inspection of steamboats. ...... - * * is a tº º q & ....... Repealed by 45 V., c. 35, s. 2.
66|Aliens and naturalization....................... Superseded by 44 V., c. 13, and recommended for repeal.
67|Geological Survey.................................|Repealed by 40 W., c. 9, S. 12.
68|Railways............................... • e º e º e º e º e s s e e s a Repealed by 42 V., c. 9, s. 102.
69|Security of the Crown, &c., (Treason)......|Consolidated, except s. 10, which is recommended for
- - repeal.
70|Riots and riotous assemblies.................. Conºted, except s. 9, which is recommended for
- - repeal. * * * * e -
71|Forgery, perjury and intimidation in con-
nection with Provincial Legislatures|Consolidated, except ss. 1, 2 and 4, which are recom-
- mended for repeal.
72|Accessories......... * * * * * * * * * * * * * * * * * * ................ Consolidated, except s. 8 from “and” in line 8 to
- “without ’’ in line 18, which is repealed by 32-
33 W., c. 17, s. 2; and s. 10, which is recommend-
ed for repeal. -
73|Police of Canada.................................... Consolidated, except ss. 1 and 4, which are repealed by
- 42 W.; c. 37, ss. l and 2 respectively. -
74|Persons in custody charged with treason -
or felony......... .............. .................. Consolidated.
75|Penitentiaries...... • * * ... . . . . . . . . . . . • - - - - - - - - - - .......|Repealed by 38 V., c. 44, S. l.
76|Evidence in Canada for foreign tribunals. Consolidated, except, s. 5 from “and '' in line 8 to the
end of the section, which is recommended for’
: - repeal.
77|Respecting provision for family of late -
Hon. T. D'Arcy McGee...... ............., |Schedule B.
78|Electoral district of county of Quebec.....|Consolidated.
79|Harbor of Quebec.......... ......................... Schedule B.
*
734%
2405
S8 History and disposal of Acts.
|
3:Temporary Government of Rupert's land
! and the North-West Territory ... ........
+ Department of Finance...........................
50cean mail service
GiEnfranchisement of Indians
IIQueen's Printer and public printing
* * * * * * * * * * * * * * e s ºr e º 'º - e º e º is a g º ºs e a
e e g º ºs e º º
8iSalaries and travelling allowances of the
* ‘.
judges........... • * * * * * * * * tº e º use tº e s w e s tº e s is º ºs e e º ſº tº e º e
t
Fee fund, Ontario........................... & ſº tº a tº e º 'º
Immigration and immigrants..................
Patchts of invention tº
Canada Joint Stock Companies General
Clauses Act
s tº tº e º 'º e º ºs º is tº e s is e º is g º e º e s tº a s tº e º
e e s e º ſº e s a G e º e º e º ºs e º e º e º sº º sº is us g º e s e º 'º º
Joint Stock Companies by letters patent.
Electric Telegraph Companies.
To avoid necessity of engrossment of
documents on parchment
Insolvency
Removal of doubts as to legislation in
Canada regarding offences not wholly
committed within its limits
Offences relating to the coinage ............. &
* * * tº $ tº º ºs e º a tº e s tº º
e e º 'º e º e º 'º $ tº e º 'º g tº e a
tº e º tº tº & e º a 0 & 8 es e e º e º e º e º s a tº e s w e º t < e < * * * * * * * * *
• * * g e º 4 g º e º 'º ſº tº tº º
Forgery
a g º º ºs º g º º e º £ tº ºn * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
:0ffences against the person.............. tº a ſº tº tº
;
ACTS OF THE DOMINION OF CANADA—Continued.
G. *º º º
3 Subject Matter. Remarks,
C
SOſ
to! } ..... * . e. e. e. e º a n e s ∈ e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e.g Not public general.
$93 )
94 Extradition.................................... .......|Repealed by 40 W., c. 25, S. 3.
95!..... tº e º ºs e º e º ſº * * * * * * * tº e º e º 'º º º , is e º 'º e º a s e º s e s s is s e º s is tº º is ſº . . e. g. t e º sº Not public general.
32–33 WICT.-1869.
tsupplies & e º 'º tº tº e a e º 'º e º e g º e º e º e º a s h is a s a e º ºs e e º e s tº ºr e º a s a s m e º So much of s. 3 as makes the loan of money authorized
- thereby to be borrowed by Canada a charge upon
i the Consolidated Revenue Fund of Canada, is
consolidated, and the remainder of the Act is
effete and is recommended for repeal.
2: Respecting Nova Scotia,............ f tº e º 'º e º tº ſº a tº tº 4 S. l is consolidated and the remainder of the Act is
recommended for repeal.
Temporary. Expired. -
Consolidated, except s. 3 from the beginning to
“Finance'' in line 4, which is effete and recom-
mended for repeal ; and s. 5, which is recommended
for repeal.
Effete and recommended for repeal.
Repealed by 39 V., c. 18, s. 99. -
Consolidated, except ss. 1, 2, 3, 5, 6, 7 and 8, which
are repealed by 49 W., c. 22, s. 17, and S. 9 which is
recommended for repeal. i
Ss. 1, 4, 7 and 8 are consolidated; s. 5 is superseded by
36 V., c. 31, s. 10, and is recommended for repeal; s.
6, is repealed by 35 V., c. 20, s. 1; and Ss. 2, 3 and 9,
are recommended for repeal.
Effete and recommended for repeal.
Consolidated, except sub-s. 1 of s. 2, and s. 32, which
are recommended for repeal.
Recommended for repeal.
Consolidated, except S. 43, which is recommended for
repeal.
Repealed by 40 W., c. 43, s. 105.
Effete and recommended for repeal.
Consolidated.
Repealed by 38 W., c. 16, s. 149, and 43 W., c. 1, s. 1.
Consolidated. -
Consolidated, except ss. 36 and 37, which are recom-
mended for repeal. |
Consolidated, except ss. 30 and 31, which are repeale
by 35 W., c. 32, s. 25; and ss. 55 and 59, which are
recommended for repeal.
.|Consolidated, except ss. 10 and 51, which are repealed
by 40 V
which is superseded by 36 V., c. 50, s. 1,
recommended for repeal; s. 50, which is repealed
by 48-49 W., c. 82, s. 1; ss. 66, 67 and 68, whic
are repealed by 48-49 W., c. 7, s. 16; and ss. 74
and 81, which are recommended for repeal. -
Consolidated, except s. 111, which is repealed by 38 W.,
c. 40, s. 1; ss. 67 and 68 which are superseded by
36 W., c. 55, s. 20 and are recommended for repeal
and ss. 8, 9 and 124, which are recommended for
., c. 28, ss. 1 and 2 respectively; s. 49,
I
21|Larceny aud
similar offences ............. . . . . . .
repeal,

2406
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA—Continued.
22* #
2
3
2
4
;
:
2
7
28
29
30
3
l
3
2
3
3
3
4
3
5
37
38
39
41
42
43
44
45
&
49
Subject Matter.
Remarks.
3|Criminal law repeal........ e tº a
Malicious injuries to property..................
Perjury...................... • e e s e e º 'º a s s e e s e º a a º a e º 'º e º 'º a
Peace in vicinity of public works............
Offences relative to the army and navy...
Protection of military and naval stores ...
Cruelty to animals........ * * *
Vagrants...... • * * * * * * * * * * * * * g s * * * * * * * * : * * * * * * * * • * * * *
Procedure in Criminal cases............. - - - - - 4 e
Duties of justices of the peace out of ses-
sions (indictable offences).................
Duties of justices of the peace out of
Sessions (summary convictions). ......
Summary administration of criminal
justice............ * - e º º e º a tº e * * * * * * * tº a 4 g e º 'º - © s ºr e º e e
Trial and punishment of juvenile offenders
Juvenile offenders (Quebec)..................,
Speedy trial of persons charged with felo.
nies and misdemeanors.....................
&
Contagious diseases of animals...............
Investigations into shipwrecks ............ tº tº 0
Inspection of steamboats ....
Improving certain harbors......................
Pilotage in Port of Quebec
Trinity House, Quebec........ * * * * * * * * * tº e º 'º - - - - - e.
Corporation of pilots below Quebec...... tº º to
Quebec harbor.................. ſº e º 'º a º ºr a s
Joliette and Berthier for electoral pur-
POSCS.. . . . . . . . . . . . . . . tº - e º a s \ e º e s - e º 'º e s = e 4 º' tº
Township of Doncaster for electoral pur-
POSes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
to º is a ſº º
f
tº a 4 º 0 tº e º a tº e º 'º a 6 º' tº e e
* * tº ſº a tº a tº g º º
* * * * * * * * * g e e
• * * * * * * g tº t e º e s a t < * * * * * * * * *
- - - - e º s tº tº
Consolidated, except ss. 62-65, which are repealed by
48-49 W., c. 7, s. 16; and s. 76, which is recom-
mended for repeal.
Consolidated, except s. 3, which is superseded by 33 V.,
c. 26, s. 1, and is recommended for repeal; and ss. 5
and 12, which are recommended for repeal.
Consolidated, except s. 1, which is repealed by 48-49
V., c. 80, s. 2; ss. Il-10, which are repealed by 48-49
W., c. 80, s. 3; and s. 22, which is recommended
for repeal.
Consolidated.
Consolidated, except s. 17, which is recommended for
repeal.
Consolidated, except ss. l and 2, which are repealed by
43 W., c. 38, ss. 2 and 3, respectively; s. 3 from
** where * in line 3 to the end of the sectioxi, which
is recommended for repeal; and Ss. 9 and l l ,
which are recommended for repeal.
Consolidated.
Consolidated, except sub-s.
ginning to “act” in line
recommended for repeal;
by 38 V., c. 43, s. l ; and
by 36 V., c. 51, s. 1.
2 of s. 1, s. 80 from the be-
16, and s. 138, which are
s. 98, which is repealed
s. 105, which is repealed
Consolidated, except s. 67, which is recommended for
repeal.
Consolidated, except s. 65, which is repealed by 33 W.,
c. 27, s. 1; s. 71, which is repealed by 33 W., c. 27,
s. 2.; also general form of notice of appeal against a
conviction or order, which is repealed by 33 W., G.
27, s. 4; and s. 37, which is recominehded for
repeal.
Consolidated, except ss. 34 and 35, which are recom-
mended for repeal.
Consolidated, except Ss.
mellded for repeal.
Consolidated, except ss. 1 and 9, , and s. 10 from
‘‘ and ’’ in line 4 to the end of the section, which
are recommended for repeal.
29
=d *
and 30, which are recom-
Consolidated.
S. 4 from “ and ’’ in line 5 to the end of the section,
and ss. 6-8, are consolidated, and the remainder of
the Act is recommended for reveal.
Repealed by 42 V., c. 23, s. 40.
Consolidated, except s. 2 from
‘‘perjury '' in line 26, and s.
mended for repeal.
Repealed by 45 V., c. 35, s.
Schedule B.
Repealed by 36 V.,
Schedule B.
‘‘ and ’’ in line 23 to
12, which are ré Colm-
2.
C. 54, S. 92.
f
* *
S. 1 is consolidated, and s. 2 is recommended for repeal.
Consolidated.
Not public general.
. |Effete and recommended for repeal.
Not public general.
2407
90
History an
d disposal of Acts.
ACTS OF THE I) ()MINI
ON OF CANADA —Confinued.
Subject Matter.
ºrms-ºss#
Remarks.
Salary of the Governor General..............
* * * * * * * * * * * * * * * g º a s is a e º 'º e s &
*
)
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Consolidated.
Not public general.
33 WICT. — 1870.
| * * *
1 Apprehension of persons conspiring
against Her Majesty................... .......|Temporary, expired. -
2Supplies........ * * * * * * c e s e a tº e º e º is tº º e º e º e º 'º e º ºs º º .........|Effete, and recommended for repeal.
3. Government of Manitoba........................Ss. 3 and 30, s. 32 except sub-s, 5 thereof, and s. 34 are
consolidated ; SS. 1, 4, 5, 25, 27-20, 31, sub-s. 5 of s.
32, Šs, 33 and 36 are recommended for repeal ; s. 35
is repealed by 38 W., c 49, s. 76 remainder of the
- Act, Schedule B.
4, Civil Service superannuation................ ... Repealed by 46 V., c. 8, s. 16.
5 Security by public officers of Canada ...... Repealed by a 3 W., c. 3, s. 1.
G|Queen's printer........................ tº e º 'º e s p tº º .....|Repealed by 49 W., c. 22, s. 17.
7. Department of Finance....................... ...|Effete, and recommended for repeal.
S;(, ollection of the revenue............. ..........|Repealed by 41 W., c. 7, s. 77
9. Customs and ſnland Revenue................
10. Issue of Dominion notes
! * * * * * * tº e º e e s a e < e g º e 4 º' g g º º
t - e
l libanks and banking......... tº tº º $ tº º we º $ tº 6 tº $ tº º $ g a e º ſº º
| Sº, tº S.S.;
12|Issue of bank notes in Nova Scotia..........
13|Duties on promissory notes and bills of
i. exchange............... tº s & tº º e º e s tº g º e g tº a # s tº s e e tº tº e º
14 Coasting trade............ ..... * * * * * * * * * * * * tº 9 g º a 6 tº
- rs : . . . . : ----
15:Fishing by foreign vessels.......................
|
|
16|Discipline on Government vessels...........
17|Certificates to masters and mates............
|
18|Lighthouses, buoys and beacons...........
19|Sick and distressed mariners * e º e º s a g º e s e
20||mproving of certain ports.....................
S. 11 is repealed by 34 W., c. 10, s. 1: Ss. 18–20 are re-
pealed by 43 W., c. 19, s 190; and the remainder of
th. Act is recommended for repeal.
.Ss. 6 and 7 are consolidated; and the remainder of the
Act is recommended for repeal.
Repealed by 34 W., c. 5, s. 76.
Schedule B.
Repealed by 42 W., c. 17, s. 1.
Consolidated, except s. 3 from the beginning of the
section to “Canada. '' in line 4, which is effete and
recommended for repeal.
S. l is repealed by 49 V., c. 114, s. 1, and s.
mended for repeal.
Consolidated.
Consolidated, except S. 15, which is effete and is recom-
mended for repeal. -
|-
2 is recom-
..[Consolidated.
( :
Schedule B.
21|Pirst census................. .......... ..............|Repealed by 42 W., c. 21, s. 39.
22 Signing of militia commissions ..............|Repealed by 46 W., c. 11, s. 99.
23|Powers of official arbitrators............. .....S. 1, and s. 2 to “provided '' in line 5, are consolidated,
and the remainder of s. 2 is recommended for
repeal.
24 Works on the Ottawa river.....................|Schedule B. - ſº
25 Extradition toothe United States..............|Repealed by 40 V., c. 25, s. 3.
26 Perjury Act....................... tº t e º 'º º e º & e º 'º e 9 s a s tº º Consolidated.
27 Duties of justices (summary convictions)
. . g e * * *
2S Preservation of peace in the vicinity of
t public works...................... * * * * * g º º tº tº & e &
i
::) Cruelty to a nimals Act amended
Consolidated, except the first sixteen lines of s. 1, which
are repealed by 40 W., c. 27, s. 2. -
S. 2 from the beginning of the section to the end of
line 5, is consolidated ; s. 1, which is superseded by
48-49 W., c. 80, s. 2, and the remainder of section 2
are recommended for repeal.
Repealed by 43 W., c. 38, s. 1.
Repealed by 38 W., c. 44, s. 1.
Consolidated, except s. 1, which is recommended for
repeal.
Consolidated.
30, Penitentiaries Act amended....................
31; Protection of clothing and property of
seamen in Her Majesty's fiavy...........
i e g
32. Police court, Halifax...... * * * * * * * * * * * * * tº e e s tº e º º *
3: Police, New Brunswick.......... ſº e s is s º e o e º s a e º 'º e
ºlºuance of certain Acts............. * e º s e e
*}, i Ferries tº e º ſº e º $ tº e º is tº tº e s tº a g º a e g º tº tº a g º e º ſº tº g g g tº t e º ſº tº € $ 9 e º * * *
* of timber ........................ ........ *
Schedule B.
Effete, and recommended for repeal.
Consolidated, except s, 6 from ‘‘ and '' in line 4 to the
end of the section : 11, and s. 13 from “Pro-
vided '' in line 11 to the end of the section, all
which are recommended for repeal.
!Consolidated.
**
S.
2408
History any
91.
d disposal of Acts.
ACTS OF THE DOMINI
ON OF CANADA——Continued.
44
4.
46
47
† O
59
Continuance of an Act
Property of Bank of Upper Canada vested
Respecting the harbor of Quebec
Respecting harbor dues at mouth of
Respecting harbor dues at Belleville and
Act of 1864 ''
in Her Majesty.................................
Beaver River and for other purposes...
for other purposes
tº a º º t e º ºs º g tº s º g tº 6 g º & tº $ tº s e º is a # s tº e º ſº e º a g tº t e º a sº e º 'º e º & tº º e g º ſº a tº
# Subject Matter. Remarks.
O
37|Inspection of raw hides and leather......... IRepealed by 3G V., c. 49, s. 20.
38;Official assignees under “The Insolvent
.jRepealed by 38 V., c. 16, s. 149.
Effete, and recommended for repeal.
Schedule B.
Nof public general.
Schedule B.
( &
{ {
Not public general.
34 WICT.-1871.
:
3
5
º
&
* ,
;
Supplies..................................... . . . . . . . . . . . .
Indemnification of certain members of the
Executive for certain acts
Loan for paying a certain sum to Hud-
son's Bay Company
• * * * * * * * * * * * * * tº s & s is a tº e º s e e
& © tº $ tº º $ tº º
Uniform currency for the Dominion
Banks and banking
• * g e º 'º tº a s tº a ſº tº a c e s tº a g is a c e s = e s s a e
Government savings banks
*
Certain savings banks, Ontario & Quebec
Bank of Upper Canada
Insurance companies..............................
tº 6 e º e º e º e º is tº e º is e º ºs e º ſº º e º a g tº
Duties of Customs....., tº e º s e º e º ºs e g g º e s s e º e s a v e a 4 is a |
Effete, and recommended for repeal.
Recommended for repeal.
S. 1 from the beginning of the section to the end
of line 13 is consolidated, and the remainder of
the Act is effete and is recommended for repeal.
Consolidated, except ss. 1 and 11, which are recom-
mended for repeal.
Consolidated, except s. 12, which is repealed by 46 V.,
c. 20, s. 2; the form for monthly returns in s. 13,
which is superseded by 36 V., c. 43, s. 1, and is re-
commended for repeal; s. 15, which is effete and is
recommended for repeal; s. 19, which is repealed
by 42 V., c. 45, s. 1; ss. 45-50 which are repealed by
43 W., c. 22, s. 7 ; s. 51, which is repealed by 43 W.,
c. 22, s. 8 ; the proviso in s. 68, consisting of the
last four lines thereof, which is effete and recorn-.
mended for repeal; s. 70, which is recommended for
repeal; s. 74, which is effete and is recommended
for repeal; and ss. 76 and 77 and the schedule which
are recommended for repeal.
Consolidated, except the proviso in s. 12 from “Provi-
ded '' in line 16 to the end of the section, which is
recommended for repeal ; the proviso in s. 13 from
“Provided '' in line 10 to the end of the section,
which is recommended for repeal ; and ss. 15, 16,
19 and 20, and s. 21 to “repealed '' in line 2, which
are recommended for repeal.
Consolidated, except ss. 1-6 and s. 8, which are effete,
and are recommended for repeal; s. 9 from “but ’’
in line 5 to “up º' in line 10, which is effete and
is recommended for repeal; s. 23, which is effete
and is recommended for repeal ; s. 25 from the
beginning to “charter” in line 11, , which , is
effete and is recommended for repeal; the proviso
in S. 33 from ‘‘ Provided '' in line lC) to the end of
the section, which is recommended for repeal ;
s. 26, which is recommended for repeal; and s. 37,
which is repealed by 36 V., c. 72, s. 5.
Schedule B.
Repealed, in so far as it relates to fire and inland marine
insurance, by 38 W., c. 20, s. 24; and remainder of
Act repealed by 40 W., c. 42, s. 29.
S 5 is repealed by 38 W., c. 49, s. 76 ; and the remainder
of the Act is recommended for repeal.
2409
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
Subject Matter.
Remarks.
Corrupt practices in collection of the
i
l
|
Dominion Notes..........
tº t e º e º e º 9 tº e s e s t e º e º e e º a w e
I'ê VCD U10 . . . . . . . . tº a sº e a tº e º s e e s a e s & eº e a e º a e º e º e s a e º 'º º |Repealed hy 41 V., c. 7, s. 77.
12|Certain premium notes made valid ........, |Recommended for repeal.
13|Effect of Acts of Canada in Manitoba and -
British Columbia.............. tº e º e s ſº e s tº e º º e º & Repealed as to 31 W., c. 58, by 43 W., c. 29, s. l ; and
- remainder of Act recommended for repeal.
14|Certain criminal laws extended to Mani- e
toba ......... ...................................... Ss. 2-5 are consolidated, and the remainder of the Act
is recommended for repeal. -
15|Inland revenue...................................... 'SS. l and 2 are repealed by 40 W., c. 11, s. 8, as forming
& a portion of 31 W., c. 50, which is repealed by 40 W.,
c. 11, s. 8; and the remainder of the Act is recom-
mended for repeal.
16|Government of North-West Territories.....! Repealed by 38 W., c. 49, s. 76, in so far as it applies to
the North-West Territories of Canada; and by 39.
: V., c. 21, s. 2, in so far as it applies to the District of
- Keewatin.
17 Militia and defence................................ Repealed by 46 W., c. 11, s. 99.
18iCensus.................................................. ;Repealed by 42 V., c. 21, s. 39.
19|Independence of Parliament.................. iRepealed by 41 V., c. 5, s. 16.
20|Elections...... ......................................... |Temporary. JXpired.
2}}Library of Parliament........................... Consolidated, except s. 4, and schedule A, which are:
- repealed by 48–49 V., c. 45, s. 4; and s. 8, which is
: effete, and is recommended for repeal.
22: Aliens and naturalization....................... Superseded by 44 V., c. 13, and recommended for repeal.
23|Fishing by foreign vessels....................... Ss. 1 and 2 are consolidated, and s. 3 is recommended
for repeal.
24;Metric system of weights and measures.....|Repealed by 36 V., c. 47, s. 52.
25 Insolvency ............................................ Repealed by 38 W., c. 16, s. 149.
26;Rockwood asylum, sale or lease of, to
Ontario .... ... ...... .......................... Effete, and recommended for repeal.
27. Indian lands in Dundee.......................... S. 1 expired ; remainder, Schedule B.
28;Oakville harbor.................................... Schedule B.
29iCertain Acts continued.......................... Effete, and recommended for repeal.
30 Prisons, Quebec.............. ſº e º tº £ tº e º ºs e s tº e s is a e o e s a Consolidated, except s. 7, which is recommended for
; repeal.
31 Trinity house, Quebec....... tº a s g º e s = e s ∈ e º e s is a e s a s & schii. B.
32'Seamen, desertion of, in Quebec.............. Repealed by 36 V., c. 129, s. 5.
33 Port Warden of Quebec harbor................. S. lººd by 36 V., c. 11, s. 5; remainder, Schº-
dule 13. .
34;Quebec harbor improvements.................. Schedule B.
35;Owen Sound harbor dues....................... * {
36 Trenton harbor dues..............................
37
t O | e º e s e º e º 'º a s s is a e s e e s = e s = e < * * * * * * * * * * * * * * * * * * * * * e s a e s tº e º e º 'º Not public general.
42
43|Railway Acts amended.......................... Repealed by 42 V., c. 9, s. 102.
44 -
to: h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general.
58 |
l |
35 WICT.—1872.
1|Interpretation Act amended.................... Consolidated.
2|Treaty of Washington........................... Effete, and recommended for repeal.
3|Supplies............ ................. .................. ( { { {
4|Indemnification of certain members of the
Executive...... ........................ ........ Recommended for repeal.
5|Loan to pay a sum to the Hudson's Bay
Company ............ ........................... S. 1 from the beginning of the section to “loals ''
in line 8, is consolidated; remainder Sche-
dule B.
6|Public debt and raising of loans.............. Consolidated, except ss. 6 and 7, which are recommend-
ed for repeal.
Recommended for repeal.
2410
History and disposal of Acts.
93.
ACTS OF THE DOMINION OF CANADA.—Continued.
and molestation
# Subject Matter. Remarks.
O
8|Banks and banking................................ Consolidated, except s. 1; s. 2 from the beginning of
the section to “that” in line 13; sub-s. 4 of s. S.
and S. 9, which are recommended for repeal; and
SS. 5 and 6, which are superseded by 43 W., c. 22,
SS. 7 and 8 respectively, and are recommended for
repeal. -
9|Savings banks....................................... Effete, and recommended for repeal.
10|Bills of exchange and promissory notes...|Consolidated.
11||Duties of Customs on tea and coffee........|Recommended for repeal.
12|Preceding Act amended.......................... { { { {
13|Representation in House of Commons...... Sub-SS. 4, 5, 6, the last two lines of sub-section 9 andf
- sub-section 11 of s. 2, relating to the Province of
Ontario, and so much of s. 2 as relates to the Pro-
vinces of Quebec, Nova Scotia, New Brunswick andf
British Columbia, are consolidated ; and the re-
mainder of the Act is superseded by 45 V., c. 3, and
is recommended for repeal.
14|Interim elections Act amended............... Temporary. Expired.
15|Members of Local Legislature; candidates
for seats in Dominion Parliament......!Consolidated. -
16|Voters’ lists, Nova Scotia.................. ..., Effete, and recommended for repeal.
17|Polling districts, Inverness, N.S.............. { { ( &
1810ivil service........................................ ... Repealed by 45 V., c. 4, s. 56.
19|Security by officers of Canada................. Consolidated, except s. 5, which is recommended for
repeal. -
20|31 W., c. 33 amended (salaries of judges)|Lines 6-8 and line 27 of s. 5 are consolidated, and re-
mainder of Act is recommended for repeal.
21|32-33 W., c. 8, amended (salaries of judges)|Consolidated.
22|Geological survey................................. Repealed by 40 W., c. 9, s. 12.
23|Public lands of the Dominion........ tº e º ºs e e º e º z S. 18 is repealed by 37 V., c. 19, s. 3.; s.33 from the
beginning of the section to “thereof.” in line 5, is
repealed by 39 W., c. 19, s. 4; the first paragraph of
the said section is repealed by 37 V., c. 19, S. 8;
paragraph 5 of the said section is repealed by 39
W., c. 19, s. 6; paragraph 7 of the said section is
repealed by 39 V., c. 19, s. 7 ; paragraph 14 of the
said section is repealed by 39 V., c. 19, S. 11; para-
graph 18 of the said section is repealed by 39 V., c.
19, s 14; ss. 34 and 35 are repealed by 39 V., c. 19,
ss. 15 and 16 respectively; s. 44 is repealed by 3T
W., c. 19, s. 9; paragraph 5 of S. 46 is repealed by 3T.
V., c. 19, s. 10;'ss. 74 and 75 are repealed by 39.V.,
c. 19, ss. 27 and 30 respectively; S. 84 is repealed by
39 V., c. 19, s. 33; Form B is repealed by 37 V., c.
19, s. 13; and the remainder of the Act is repealed by
42 W., c. 31, s. 129.
24|Public works of Canada..................... ... Consolidated.
25|Bridges ................ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Consolidated, except s. 1, which is recommended for
repeal.
26|Patents of invention.............................. consºred, except s. 17, which is repealed by 46.Y.,
c. 19, s. 1; sub-s. 2 of s. 28, which is repealed by 3S
W., c. 14, s. 2; s. 49, which is repealed by 38 W., c.
14, s. 3; sub-s 4 of s. 43 from “and” in line ll to
“ perjury” in line 13, and ss. 33, 52 and 54, which
are recommended for repeal.
27|Quarantine............................................ Consolidated, except s. 3 from the beginning, of the
section to “force” in line 6, and s. 11, which are
recommended for repeal.
28|Immigration.......................................... Consolidated, except s. 1 from “and '' in line 10 to the
end of the section, and s. 15, which are recommend-
ed for repeal.
29|Immigration aid Societies....................... Consolidated, except ss. 12 and 15, which are recom-
mended for repeal.
30|Trade unions.................. ...................... Consolidated, except ss. 20 and 23, which are recom-
mended for repeal.
31|Criminal law relating to violence, threats
F-
Ss. 2-4 are consolidated; s. 1 is repealed by 38 V., c.
39, s. 1; and s. 5 is recommended for repeal.

24.11
History an
d disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
*-*.g
Q
a-d
3
33
34
35
36
37
38
}|Shipping of seamen, Nova Scotia
3|Pilots, County of Charlotte
Subject Matter.
Remarks.
Fraudulent marking of merchandise ........
Larceny of stamps .................................
Malicious injuries to property.................
Advertisements respecting stolen goods...
Rivers and streams
Duties of customs and excise, B.C
Navigation, British Columbia
• * * * * * * * * * * e s e º a tº e º a • * * * * * * * * * * *
• * * * * * * * * * * *
• * * * * * * * * * * * * g e º sº tº
• * * * * * * * * * * * *
Improvement of navigation of the St.
Lawrence
Improvement of Collingwood harbor........
Harbor master, Halifax. ..........................
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e º 'º tº
& e e a t t e º 'º - - a tº * * g º º $ tº 0
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s = e º 'º -- e º a tº e º a tº e s a tº
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s e tº e tº
Consolidated, except s. 25, which is recommended for
repeal.
Consolidated, except s. 2, which is recommended for
repeal. •
Consolidated. ſ
Ss. 2 and 3 are consolidated, and ss, 1 and 4, are recom-
mended for repeal.
Schedule B. |
W.,
Recommended for repeal.
Repealed in so far as 31 W., c. 58 is concerned, by 43
c. 29, s. 1, and remainder of Act is recommended for
repeal. -
Repealed by 36 V., c. 129, s. 5.
Schedule B.
{
Ss. 7 and 9 are repealed by 45 V., c. 49, ss. 1 and 2 re-
spectively ; remainder, Schedule B.
Repealed by 36 W., c. 54, s. 92.
Not public general.
Repealed by 37 W., c. 14, s. 23.
Not public general.
36 VICT.-1873.
I
2
*.
4.
J)
6
Examination of Witnesses on oath before
committees of Senate and House of
Commons
• * * * * * * * * * * e e º e e a s is e s - e º 'º - e º 'o e < e s a e e s is e
Members of the local houses ineligible for
the House of Commons
3|Procedure in criminal cases and repeal of
• * * * * * * * * * * * * * * * * *
c. 113, C. S., U. C., sec. 5
• * * * * * ~ * * * * * * * g e º e º 'º e
Department of the Interior
Government Of the Nor
t() ries
• a º e º e s e º a c e º s e º & tº e º 'º e e º ºs e º 'º e º º e º e º e º e º e º & & e º &
Disallowed by Her Majesty. See proclamation of 1st
July, 1873.
Ss. 1-3 are consolidated, and s. 4 is recommended for
repeal. -
S. 1 from “them ’’ in line 9 to the end of the section
is consolidated ; and the remainder of the Act is re-
commended for repeal.
Ss. 1 and 2, s.4 from the beginning of the section to
“Islands” in line 7 ; s. 6 from the beginning of the
section to “Interior” in line 7, and ss. 7 and 11,
are consolidated ; s. 3 is repealed by 46 W., c. 7, s.
1; s. 13 from “Canada’’ in line 5 to the end of the
section is repealed by 49 W., c. 22, s. 17, and the
remainder of the Act is recommended for repeal.
Repealed in so far as it applics to the North-West Terri-
tories of Canada, by 3S V., c. 49, s. 76; and in so
far as it applies to the District of Keewatin, by 39
W., c. 21, s. 2.
Claims to lands in Manitoba for which mc,
patents have issued.......................... Repealed by 38 W., c. 53, s. 16.
7:Inspection of steamboats, B.C.. ............... Repealed by 45 V., c. 35, s. 2.
8. Carriage of dangerous goods.................. Coºliº except SS. 1 and 2, which are recommended
i - or repeal.
Shinor masters at certain ports............... Consolidated, except s. 8, which is repealed by 38 W., c.
d 30, s. 1; s. 11, which is repealed by 38 W., c. 30, s.
2 : and S. 13, which is recommended for repeal.
10:Trinity house, Quebec............................. Schedule B.
11|Port wardens, Montreal and Quebec........ Ss. 1 and 2 are repealed by 45 V., c. 45, s. 1; and ss. 5–7
are repealed, as to the harbor of Montreal, by 45 W.,
º c. 45, s. 1; remainder, Schedule B.
12 Harbor master, Ilalifax.......................... , Schedule B.
2412
History and disposal of Acts.
95
ACTS OF THE DOMINION OF CANADA—Continued.
32
33
34
Subject Matter.
tº 4 tº º e º p * * * * * * * * * * * * * * * * * * * * * * * e e s : * * * * * * * * * * * * * * * s • * * * * * *
ilăupplies tº e º ºs e º e e * * * * * * * * * * * * > e is e s - © tº tº e 4 e º º e º 'º e º is a e e º 'º - © &
Interim elections Act........... ....... tº g a tº e º 'º - e º
Controverted elections...........................
Montcalm and Joliette for electoral pur-
POSCŞ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Debt of the various provinces..................
Salaries of judges and other functionaries
Civil Service superannuation...................
Ocean mail Service............ tº e º e s a e º 'º - e º e e s e º e º 'º a
North-West Territories
tº e º 'º - ſº tº º 'º e º e º - a e º & g º a 9 º' - 4 & 8
49
50
51
52
53
IRemarks.
North-West Territories, police force
# * - - - - - - -
Aliens, JBritish Columbia and Manitoba...
Free grants, Manitoba............................
Dominion lands Act explained ...............
Duties of customs (Man. and N.W.T.)......
Admission of I’rince Edward Island........
Export duties on lumber, N.B. ................
Insolvent Act, 1869, continued
Banks and banking
* * * * * * * * * * * e - © &
• * * * * * * * 0 e º 'º e < * * * * * * * * * * * * * * * * * *
Patent Act, 1872, amended
* * * * * * * * * * * * * * * * * * * * *
5|Intercolonial railway..............................
Militia and defence.................................
Weights and measures
... is a º 0 - * * * * * * * * * * * * * * s - - - a s
*... • * * * * * * * * * * * *
Inspection of certain staple articles
Offences against the person.....................
Procedure in criminal cases....................
Penitentiaries
s e e º 'o e º 'º s
b. * * * * * * * s sº e º 'º e º e º a • * * * * s &
Not public general.
Iºffete, and recommended for repeal.
Repealed by 37 V., c. 9, s. 133.
&epealed by 37 V., c. 10, s. 1.
S. 1 is consolidated, and s. 2 is recommended for
repeal.
S. 1 is consolidated, and ss. 2 and 3 are recommended
for repeal.
Ss. 2, 3, 6, 8–11, s. 13 from the beginning of line 7 to the
end of line 19 and s. 14, are consolidated ; S. 4 is
repealed by 37 V., c. 4, s. 5; s. 12 is repealed by 37
V., c. 4, s. 8; and the remainder of the Act is recom-
mended for repeal.
Repealed by 46 V., c. 8, s. 16.
R commended for repeal.
Repealed, in so far as it applies to the North-West Terri-
tories of Canada, by 38 W., c. 49, s. 76, and, in So
far as it applies to the District of Keewatin, by 39
W., c. 21, s. 2.
Ss. 1-9 are consolidated in so far as they apply to the
District of Keewatin, and they are repealed by 38
V., c. 49, s. 76, in so far as they apply to the North-
West Territories of Canada ; ss. 10, 12, 15, 16, 19,
20, 22-24, 26, 34 and 35 are repealed by 37 W., c. 22,
s. 1; s. 25 is repealed by 38 V., c. 50, s. 2.; and SS.
11, i3, 14, 17, 18, 21, and 27-33 are repealed by 42 W.,
c. 36, s. 1.
Recommended for repeal.
Repealed by 37 V., c. 20, s. 5.
Recommended for repeal.
Sub-s. 2 of s. 1 is repealed by 37 V., c. 7, S. and the
remainder of the Act, in so far as it applies to the
North-West Territories of Canada, is repealed by 38
W., c. 49, s. 76, and is recommended for repeal.
Paragraph 8 of s. 1 is repealed by 43 W., c. 29, S., 1 ; S.S.
2 and 3 have expired ; and the remainder of Act is
effete and is recommended for repeal.
Consolidated.
Recommended for repeal.
Superseded by 43 W., c. 22,
repeal.
Consolidated, except s. 6, which is recommended for
repeal.
S. 1 is effete, and is recommended for repeal; remain-
der, Schedule B.
Repealed by 46 V., c. 11, s. 99.
$s. 5, 26, 27, 30, 34 and 41, are repealed by 40 W., c. 15,
ss. 1-6 respectively ; and the remainder of the Act is
repealed by 42 V., c. 16, s. 55.
Consolidated, excepts. 16, which is repealed by 47 W.,
c. 35, s. 1; paragraph 2 of s. 23, which is repealed
by 38 V., c. 37, s. 1; s. 24, which is repealed b
48-49 V., c. 69, s. 1 ; ss. 27, 28, 30 and 37, which
are repealed by 38 W., c. 37, s. 1 ; sub-sections 2 and
3 of s. 44, which are repealed by 47 Y., c. 35, S. 5;
schedule A, which is repealed by 38 V., c. 37, S. 1 ;
and s. 2 from “except" in line 7 to the end of the
section, and ss. 5 and 47, which are recommended
for repeal.
O
* }
s. 4, and recommended for
Repealed by 37 V., c. 45, s. 20.
Consolidated.
{ {
Repealed by 38 Y., c. 44, s. 1.
Repealed by 45 V., c. 35. S. 2.

2413
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# If?
History and disposal of Acts.
97
Subject Matter.
ACTS OF THE DOMINION OF CANADA.—Continued.
Remarks.
West Territories
a e º 'º e < * * * * * * * * *. p n is e º # 4 e º e º 'º º' & &
|Supplies ......... ............................. .........
2|Loan for construction of certain public
works......... ...................................
;
!
- | - * t -
3|Subsidy to Nova Scotia..........................
4Salaries of judges.................................
|
5Admission of Prince Edward Island........
6|Duties of customs and excise........ tº e s e e s e º 'º 4
i
7|Duties of customs, Manitoba and North.
s
License duties on compounders of spirits
and adulteration of food
• * * * * * * * * * * s e e s e º a
*
t
w
|
|
|
9|Elections to House of Commons......... ....
|
i
f
ſ
t
10
Controverted elections...........................
:
I
11|[ndemnification of S. F. Perry................;
12|Village of Richmond Hill for electoral
Pll TPOSes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13|Public works of Canada .......................
14|Canadian Pacific Railway.....................
15|Intercolonial Railway
- * * * * * * * * * * * * * g tº * * * * * * * * * ~ *
37 WICT.-1874,
*-* **** - -
Fffete, and recommended for repeal.
Paragraphs 1, 2 and 3 of s. 3 are consolidated ; and the
remainder of the Act is effete and is recommended
for repeal.
Consolidated.
S. 1, s. 2 in so far as it relates to the allowances for
travelling to be allowed to Supreme Court and
County Court judges, the fourth, fifth, sixth, and
seventh lines of s. 4, s. 5 from “the, ''
where it first occurs in line 12 to the end of line 26,
and s. 7, are consolidated ; and the remainder of
the Act is recommended for repeal.
Recommended for repeal. -
S. 9 is consolidated ; ss. 11 and 12 are repealed by 43
W., c. 19, s. 190 ; and the remainder of the Act is re-
commended for repeal. '
ºr,
S. 3 is consolidated ; ss. 1 and 4 are recommended for
repeal; and s. 2 is repealed by 38 W., c. 49, s. 76.
Paragraphs 1 and 2 of s. 1 and ss. 2-13 are repealed by
3 W., c. 19, s. 190; and the remainder of the Act is
repealed by 47 W., c. 34, s. 30.
Consolidated, excepts. 1, which is repealed by 45 V.,
c. 3, s. 6; the words “ of Manitoba and '' in para-
graph one of s. 2, and all of paragraph 2 of the said
section, which are recomménded for repeal; S. 11,
which is repealed by 41 V., c. 6, s. 1; the last seven
lines of s. 19, which are repealed by 45 V., c. 3, S. 8 ;
s. 27, which is repealed by 41 V., c. 6, s. 3; sub-s: 4
of s. 28, which is repealed by 41 V., c. 6, s. 2; S. 29,
which is recommended for repeal; s. 35, which is
repealed by 41 W., c. 6, s. 4; s. 40, which is recom-
ménded for repeal; s. 43, which is repealed by 41
V , c. 6, 5, s. 44, which is recommended for
repeal ; s. 45, which is repealed by 41 W., c. 6, s. 6;
ss. 47 and 48, which are repealed by 41 V., c. 6, SS.
7 and 8 respectively; s. 50, which is recommended
for repeal; ss. 54 and 55, which are repealed by 41
W., c. 6, ss. 9 and 10 respectively; s. 61, which is
repealed by 41 W., c. 6, §. 11; ss. 66 and 67, which
are repealed by 41 W., c. 6, ss. 12 and 13 respec-
tively; s. 115, which is repealed by 41 W., c. 6, S.
15; s. 120, which is recommended for repeal; SS.
131 and 132, which are repealed by 41 W., c. 6, ss.
16 and 17 respectively; s. 133 from the beginning
of the section to “act,” in line 6, and from “act”
in line 12 to the end of the section, and S. 134,
which are recommended for repeal ; and schedule
I, which is repealed by 41 W., c. 6, S. 19.
Consolidated, except s. 1, which is recommended for
repeal; the last six lines of s. 6;. s. 38 from
“in” in line 9 to the end of the section, and the
last four lines of s. 63, which are effete, and are
recommended for repeal; s. 39, which is recom:
mended for repeal, and ss. 33-35, which are repealed
by 38 V., c. 11, s. 48.
Recommended for repeal.
**
* ,
Consolidated.
{ {
Schedule B.
{ {
{ {

24.15
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued,
g Subject Matter. Temarks.
O
17|Esquimalt graving dock........................ S. 2 is repealed by 48-49 W., c. 4, s. 1; remaind
- - Schedule B.
18|Cow Bay breakwater............................. Schedule B.
19|Dominion lands Act armended................. Sub-SS. 1 and 2 of s. 8 are repealed by 39 V., c. 19, SS.
- and 5; s. 13 is repealed by 39 V., c. 19, s. 7 ; S.
is repealed by 39 V., c. 19, s. 35; and the remaindo
of the Act is repealed by 42 V., c. 31, s. 129.
20|Appropriation of certain Dominion lands -
in Manitoba. .................. ................. , Ss. 1 and 2 are effete and are recommended for repea
S. 3 is repealed by 38 W., c. 52, s. 1; and S. 4
recommended for repeal. -
21|Indians.................. .............................. Repealed by 30 V., c. 18, S. 99.
22|Administration of Justice, North-West
Territories....................................... S. 22 is repealed by 38 W., c. 50, s. 1; and the remaind
- | of the Act is repealed by 42 W., c. 36, s. 1.
23|Department of Marine and Fisheries. ..... . S. l is consolidated, and the remainder of the Act i
- - - effete and is recommended for repeal.
24|Transports exempted from harbor dues ... Consolidated.
25|Carriers by Water................................... ( ( :
26|Pilotage..................... ... . . . . . . . . . . . . . . . . . . . . . . . . Recommended for repeal.
27. Certain Act extended to Prince Edward
Island. ......... ............................ ..... { { . { {
28|Fishery Acts, application in 13ritish
Columbia, Manitoba and Prince Ed-
Ward Island...... .............................. . . { .
29|Obstruction of rivers by wrecks............... Consolidated, s 4; remainder repealed by 40 V c. 36
S. S.
30|Inspection of steamboats........................ Repealed by 45 V., c. 35, s. 2.
31|Trinity house, Montreal.......................... S. 3 i. ºaled by 39 V., c. 38, s. 3; remainder, Sche.
dule B.
32|Port Wardens at certain ports................. Consolidated, except s. 18, which is repealed by 45 W.;
c. 46, s. 1; and s. 26 from “and” in line 4 to
“for” in line 8, which is recommended fol
repeal.
33|Port warden, Montreal........................... Repealed by 45 V., c. 45, s. 1. -
34|Harbor masters at certain ports............... ;Consolidated, except ss. 8 and 11, which are repealed
by 38 W., c. 30, ss. 1 and 2 respectively; and s. 13
* which is effete and is recommended for repeal.
35íMilitia and Defence................................ S. 1 is repealed by 39 V., c. 12, s. 1, and the remainder
- of the Act is repealed by 46 V., c. 11, s. 99.
36|Military College.................................... Consolidated.
37|Voluntary and extra judicial oaths......... Consolidated, except s. 1 from “and” in line 24 to
the end of the section, which is recommended for
repeal. - s
38|Libel, crime of....................................... Consolidated, except s. 1 from “Provided” in line 15
- to the end of the section, and s. 14, which are recom-
mended for repeal.
30|Administration of Justice, Manitoba........ S. 3 is consolidated, and ss. 1 and 2 are recommended
- for repeal.
40|Administration of Justice, Nova Scotia ..
and New Brunswick......... º e s e e s e < e < e s s e e e Consolidated.
41|Application of 32–33 W., c. 35, to Algoma. { { .
42||Criminal laws extended to British Colum- ". -
bia.................................................. S. 5 is consolidated, and the remainder of the Act is
recommended for repeal. - -
43|Vagrants................. .............................. Consolidated.
44|Patent Act 1872, amended ..................... - { { -
45|Inspection of articles of produce, &c......., |Consolidated, except the last four paragraphs of s. 5,
- - which are repealed by 48-49 V, c. 66, s. 4; ss. 7
to 9, which are repealed by 48-49 W., c. 66, s. 6;
S. 11, which is repealed by 48-49 V., c. 66, s. 8;
S. 36, which is repealed by 48-49 V., c. 66, s. 11;
S. 63, which is repealed by 48-49 W., c. 66, s. 14;
S. 64, which is repealed by 39 V., c. 33, s. 2; the first
eight lines of sub-s. 3 of s. 66, which are repealed by
47 W., c. 33, s. 4; the twenty-fifth, twenty-sixth and
| twenty-seventh lines of sub-s. 3 of s. 66, which are re-
pealed by 45 V., c. 25, s. 1; the remainder of the said




2416
History and disposal of Acts. 99
ACTS OF THE DOMINION OF CANADA.—Continated.
Subject Matter. Remarks.
*====#
sub-section which is repealed by 48-49 V., c. 66,
s. 15 ; sub-s. 8 of s. 66, which is repealed by 48-49
W., c. 66, s. 15; sub-sections 7 and 8 of s. 68, which
are repealed by 48-49 W., c. 66, s. 16; sub-s.
26 of s. 68, which is repealed by 45 V., c. 25, s. 1;
s. 78, which is repealed by 48-49 V., c. 66, s. 18;
s. 97, which is repealed by 39 V., c. 33, s. 5; s. 2,
from “examiner” in line 13 to “and” in line 17;
paragraph 9 of s. 40 ; and ss. 20 and 96, all which
are recommended for repeal.
46|Insolvent Act amended ......................... Repealed by 38 W., c. 16, s. i49.
47 Bills of exchange and promissory notes....S. 1 is consolidated, and the remainder of the Act is
- - - - repealed by 42 W., c. 17, s. 1.
48|Insurance companies.............................. Repealed by 40 W., c. 42. s. 29.
49|Respecting foreign loan companies........ ..!Consolidated.
50|Permanent building societies in Ontario...|S. 4 is repealed by 47 W., c. 40, s. 3.; s. 19 is repealed
by 43 W., c. 43, s. 5; remainder, Schedule B.
51|Incorporation of boards of trade ............. Consolidated, except ss. 1-3, which are repealed by 39
W., c. 34, S. 1 ; and ss. 24 and 26, which are recom-
mended for repeal. “a -
52 )
to k ..................... ......... ...... ........... ......... Not public general.
118 J
38 WICT.-1875.
1Interpretation Act amended. ................. Consolidated. &
2|Certain Acts continued................ • * v e º s • * * * * * * * Effete, and recommended for repeal.
3|Supplies......... ....................' ................. Effete, and recommended for repeal.
4|Public debt and raising of public loans...}Consolidated. .
5|Dominion notes...................................... S. l is repealed by 43 W., c. 13, s. 1; and s. 2 is recom-
mended for repeal.
6|Department of Secretary of State............ Repealed by 48-49 W., c. 2, s. 1. -
7|Postal service........................................ !Consolidated, except s. 61, which is repealed by 49 W.,
| c. 21, s. 1; sub-s. 17 of s. 72, which is repealed
by 40 W., c. 34, s. 1; sub-s. 27 of s. 72, which is
rep aled by 46 W., c. 18, s. 1 ; ss. 2-5, s. 11 from
‘‘ and '' in line l l to the end of the section, s. 13,
sub-S. 6 of S. 72 from “and” where it first occurs
to the end of the sub-section ; sub-s. 8 of s. 72 from
“and” in line 21 to the end of the sub-section ;
the last eleven words of sub-s. 9 of s. 72 ; and sub-
sections 23 and 28–30 of s. 72 and s. 87, which are
recommended for repeal.
8|Militia and defence....................... tº e e º e º e e g & Repealed by 46 V., c. 11, s.99.
9|Civil service superannuation.................. Repealed by 46 W., c. 8, s. 16. -
10|Controverted elections........................... Consolidated, except s. 2 from “provided '' in line 11
to “prorogation ” in line 15, and ss. 6 and 8,
. º - . . - which are effete and are recommended for repeal.
11|Supreme Court and Court of Exchequer...|Consolidated, except s. 13, which is repealed by 42 W.,
c. 34, s. 16; s. 22, which is repealed by 43 W., c. 34,
s. 4; and the last three lines of s. 6, and S. 80,
which are recommended for repeal.
12|Petitions of right and procedure in Crown -
suits................................................ Repealed by 39 V., c. 27, s. 1.
13|Defective letters patent and discharge of - - -
Sureties to the Crown....................... Consolidated. -
14|Patent Act, 1872, amended..................... Consolidated, except s.4 from the beginning of the
section to “and * in line 6, and ss. 5, 7 and 9,
- which are recommended for repeal.
15|Immigration Act, 1872, amended............. Consolidated. -
16|Insolvency............................................ S. 32 is repealed by 40 V., c. 41, s. 11; s. 58 is repealed
by 40'W., c. 41, s. 14; and the remainder of the Act
is repealed by 43 W., c. 1, s. 1.
17|Banks and banking........, • * * * * * * * * * * * * * * * * * * * * .S. 1 is consolidated ; and ss. 2 and 3 are superseded by 43
W., c. 22, s. 4, and are recommended for repeal.

24.17
100 History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
.# Subject Matter. Kemarks.
O
18|Interest and usury, N.B.,........................ Consolidated, except s. 4, which is recommended fo
repeal.
19|Bills of exchange............... .................... Consolidated, except s. 3, which is recommended fo
repeal.
20|Fire and inland marine insurance............ S. 16 tºolidated, except from “and” in line 11 t
“situated'' in line 18; s. 17 consolidated, excep
from the beginning of the section to “court” i.
: line 13, and from “and” in line 28 to “ or '' iſ
line 34, which parts of ss. 16 and 17 are recom
mended for repeal; remainder repealed by 49 W.
c. 45, s. 50.
31|Life insurance....................................... Repealed by 40 W., c. 42, s. 29.
22|Intercolonial Railway. ............., • * * * * * tº e º e º º Schedule. B.
23|Lien of Canada on Northern Railway...... * { . .
24|Railway Acts amended........... .............. Repealed by 42 W., c. 6, s. 102.
25|Railway companies, returns by.............. S. 2 is repealed by 39 V., c. 14, s. 1, and the remainde
of the Act is repealed by 42 W., c. 9, s. 102.
$23|Marine electric telegraph companies........ Consolidated, except ss. 18 and 19, which are recom
mended for repeal.
27|Coasting trade of Canada...................... Consolidated, except s. 3, which is recommended fo
repeal.
>8; Pilotage ........ 4 * c e º e º ſº e * * * * * * * * * * * * * * * * * * * s • * * * * * * * * * Consolidated, except sub-s. 3 of s. 1, which is repealet
by 40 W., c. 20, s. 3; and s. 3 from the beginning o
the section to “repealed ” in line 4, which i
recommended for repeal.
29| Extension of seamºn's Act, 1873.............. Consolidated, except s. 31 frºm “and '' in line
to the end of the section, and s. 35, which air
. recommended for repeal.
30|Harbor nasters........................ ...............] Consolidated.
31|Sick and distressed mariners.................. ( ,
32|Repeal of Act of Prince Edward Island
respecting Cape Race lighthouse toll|Recommended for repeal.
'33|Fisheries Acts amended............ ..............|S. 1 is consolidated and the remainder of the Act i
recommended for repeal.
34 Culling and measuring of timber............ Consolidated; except s. 4; s. 6 from “Act” in line
35
36
37
38
30
.30
41
42
43
-44
Export duty on stayebolts, &c.................
Marking of casks...................................
Gas inspection.................................... e e
Peace in vicinity of public Works............
Violence, threats and molestation...........
Larceny and similar offences..................
Gaming houses ................... tº e º e º e º e s - a •
Cruelty to animals in transit..................
Procedure in criminal cases....................
Penitentiaries .......................................
Speedy trial of persons charged wit
onies and misdemeanors............
Central prison for Ontario...............• . . . . .
Speedy trial of persons charged with fel-
h fel-
&
to the end of the section, and s. 10, which are re
pealed by 48–49 W., c. 65, s. 1; s. 12, which is
repealed by 40 W., c. 16, s. 2 ; and s. 1 and s. 1.
from “Act” in line 1 to “may '' in line 3, which ar.
recommended for repeal.
Recommended for repeal.
Consolidated, except s. 5, which is recommended fo
repeal.
Consolidated, except paragraph (c) in line 48 of s.
to “and” in line 8 of the said paragraph, º:
from “provided" in line 73 to “Scotia.”
in line 82 of the said section, which are repealet
by 47 W., c. 35, s. 2, and s. 1, which is recommended
º
4.
for repeal.
Superseded by 48-49 W., c. 8) and recommended fo
repeal.
Repealed by 39 W., c. 37, s. 1.
Consolidated.
( {
Consolidated, except the last two lines of s. 9, whicl
are recommended for repeal.
Consolidated.
S. 68 is repealed by 42 W., c. 42, s. 3.; ss. 69-80 are re
pealed by 40 W., c. 38, s. 16 ; s. 81 is repealed, in 5
far as it applies to Rockwood Asylum, by 40 W.
c. 38, s. 16; and the remainder of the Act is repealet
by 46 W., c. 37, S. 80.
- Consolidated.
46
47
and stipendiary magistrates ............
onies or misdemeanors before police
|
2418
History and disposal of Acts.
101
ACTS OF THE DOMINION OF CANADA—Continued.
*#
;
.56
57
Subject Matter.
Remarks.
Petty offences, trespasses and assaults.....
North-West Territories...........................
Police force, North-West Territories
Dominion lands Acts extended to British
Columbia,
Appropriation of certain lands in Mani-
toba.
Claims to lands in Manitoba...... .... ......
e e º e º a s e
& s e º 'º • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º s • * * * * * *
Speedy trials Act extended to Manitoba.
5|Trinity house, Quebec......., s = e a e º 'º e º e s e e º e s • * * * * *
Graving dock, Quebec
|
is e s = e º e s s e º e º e a e s a e º s º ºs e º e
Recommended for repeal.
Ss. 38 to 47 inclusive, 49 to 53 inclusive and sub-ss. 1-8
of s. 74, are consolidated as to the District of Kee-
watin ; sub-s. 2 of s. 2, ss. 3 and 7 are repealed by
40 V., c. 7, SS. I to 3 respectively; ss. 14 to 32 inclu-
sive, 34 to 37 inclusive and s. 48, in so far as they
apply to the District of Keewatin are repealed by 49
V., c. 26, SS. 2 and 140; ss. 59 and 60 are repealed by
40 W., c. 7, s. 6; ss. 62-64 are repealed by 40 W., c. 7,
S. 7; S. 71 is repealed by 40 W., c. 7, s. 8 ; sub-s. 9
of s. 74, is repealed by 40 W., c. 7, s. 9; and the re-
mainder of the Act is repealed, except as to the
District of Keewatin, by 43 W., c. 25, s. 95.
Repealed by 42 W., c. 36, s. 1.
Repealed by 43 W., c. 27, s. 1.
Consolidated.
Consolidated, except s. 7, which is repealed by 41 V.,
c. 14, S. 1 ; and s. 16, which is recommended for
repeal.
S. 1 is consolidated, and s. 2 is repealed by 41 V., c. 47,
S. 1.
S. 2, in so far as it constitutes the Quebec harbor com-
missioners the pilotage authority of the pilotage
district of Quebec, s. 4, s. 5 from “and” in line
19 to the end of the section, s. 7 from “the ”
where it occurs the second time in line 9 to the
end of the section, and ss. 11 and 15 are consoli-
dated ; remainder, Schedule B.
Schedule B. -
to
98
88
Copyright Act. (This Act is erroneously
numbered, there being a previous chap-
• a e s e e º e º 'º e s e e s e º 'º - e s sº e o e º a s a e e s - e º 'º º e s & e º e º 'º º º ſº e s a e º 'º e s tº
Not public general
ter of the same number)... . .............. Consolidated, except SS. 29 and 30, which alſº recom-
mended for repeal.
39 WICT.—1876.
1|Supplies .................. ............................. Effete, and recommended for repeal.
2|Public accounts......... .......................... Repealed by 41 W., c. 7, s. 36.
3|Grant to Manitoba........................ ......... Effete, and recommended for repeal.
4|Dominion Notes Acts extended to Prince
Edward Island, British Columbia and
Manitoba......................................... Consolidated.
5|Inland Revenue.................................... Repealed by 43 W., c. 19, s. 190.
6|Northern railway.................... ............... Schedule B.
7|Witnesses before committees of Parliament|Consolidated, except s. 3, which is recommended for
repeal.
8|Indemnity to members................ .......... Consolidated.
9|Corrupt practices at elections.. .............. ( {
10 { { “. ................. Consolidated, except s. 10 from “and” in line 4 to
the end of the section, which is recommended for
repeal.
11|Counties of Lotbinière and Beauce for -
election purposes............................. S. 1 is consolidated and s. 2 is recommended for repeal.
12|Militia ........................... .................. S. 2 is repealed by 42 W., c. 35, s. 1 ; and S. 1 is recom-
mended for repeal.
13|Criminal statistics................................. Consolidated.
14|Railway statistics................................. Repealed by 42 W., c. 9, s. 102.
15|Crossing of navigable streams by provin-
cial railways................................... ( : { {
16|Intercolonial railway............................. Schedule B.
17|Desjardins canal............... .................... { {
7.4%
2419
102 History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA—Continued.
3. Subject Matter. Remarks.
C -
18|Indians................................................. S. 16 is repealed by 42 W., c. 34, s. 2.; and remainder
the Act is repealed by 43 W., c. 28, s. 112.
19|Dominion lands.................................... Repealed by 42 W., c. 31, s. 129.
20|Roads and road allowances.................... Consolidated. -
21|North-West Territories and Keewatin...... Ss. 1 and 3-7 are consolidated ; s. 11, in so far as it brin
into force in the District of Keewatin the Acts an
parts of Acts and laws in the said section mer
tioned or referred to, s. 13, and the last ten line
of the schedule, are consolidated ; and the remain
der of the Act is recommended for repeal.
22:Intoxicating liquors in North-West Terri-
tories.............................................. Repealed by 40 W., c. 7, s. 9.
23|Criminal laws, British Columbia............ Repealed by 40 V., c. 27, s. 1.
24; Penitentiaries, Manitoba and British Co- -
lumbia ...................................... ..... Repealed by 46 V., c. 37, s. 80.
25Weights and measures, and gas inspection, -
Prince Edward Island. .................... Recommended for repeal.
26Supreme Court and Exchequer Court...... Consolidated, except s. 2 from “and” in line 5 to t
end of the section, which is recommended for repea
27|Petitions of right... ................................ Consolidated, except ss. 1 and 20, which are reco
mended for repeal.
28|Retiring allowance of judges .................. Consolidated.
29'Salaries of County Court judges, Nova
Scotia.................. ................. ......... Consolidated, except s. 2, which is recommended f
- repeal.
30|Insolvent Act, amended.......................... S. 15 #. repealed by 40 W., c. 41, s. 32 ; and the remai
der of the Act is repealed by 43 W., c. 1, s. 1.
31|Winding up of insolvent banks............... Recommended for repeal.
32|Railway Act, 1868, amended.................. Repealed by 42 W., c. 9, s. 102.
33: Inspection of Staple articles..................... Ss. 3 and 5 are consolidated ; s. 2 is repealed by 47 V
* c. 33, s. 3; ss. 1 and 4 are repealed by 48-49 V
- c. 66, s. 19.
34; Incorporation of boards of trade.............. Consolidated.
35|Trade marks and designs........................ Repealed by 42 W., c. 22, s. 38.
36|Attendance of witnesses at criminal trials. Consolidated.
37: Criminal law as to threats and molesta-
Jions............................................... Consolidated, except s. 1, and sub-s. 1 of s. 4.-fron
‘‘nor’’ in line 5 to the end of the sub-section, whic
are recommended for repeal. -
38 Harbor commissioners, Montreal.............. Schedule B.
39Quebec harbor commissioners........ ........ { {
40 -
to } • * * * e e s e s - e s - e a e e s w w = < * * * * * * s e s - e < * * * * * * * * * * * * * * * * * * * * * * * Not public general.
I ()
40 WICT. — 1877.
1supplies • * * * * * * . .................. ............… Effete"; recommended for repeal.
2|Independence of Parliament.................... Recommended for repeal.
3|Great seals of the provinces.................... Schedule B.
4. Criminal law, Prince lºdward Island ...... Consolidated, s. 4, from “pending ” in line 11 t
“Province ’’ in line 18; ss. 6, 7 and 8; and th
schedule, from line 46 to line 55, both inclusive
remainder recommended for repeal.
.5 Trade marks, British Columbia and Prince
Edward Island ................................ Repealed by 42 W., c. 22, s. 38.
6. Boundaries of Manitoba.......................... Superseded by 44 V., c. 14 ; recommended for repeal.
7 North-West Territories........................... Repealed, except as to Keewatin, by 43 W., c. 25, s. 95
consolidated, so much of s. 7, as substitutes a new
i s. 64 of 38 W., c. 49, the sub-s. numbered 9 in s. 9
and S. 12; remainder recommended for repeal.
80rdnance and Admiralty lands............... Consolidated, except s. 7, which is recommended fo
i repeal.
9 Geological survey.................................. Consolidated, except ss. 6, 7 and 12, which are recom
.. mended for repeal.




2420
History and disposal of Acts.
103
ACTS OF THE DOMINION OF CANADA.--Continued.

24
.# Subject Matter. Temarks.
O
10|Customs. ............................................. SS. 23 and 41, sub-s. 1 of s. 45, s. 46, sub-s. 5 of s. 56, s. 64,
S. 76, sub-s. 1 of S. 81, and sub-s. 1 of s. 91, are repealed
by 44 V., c. 11, ss. 1-9, respectively ; ss. 119 and 120 .
are repealed by 44 V., c. 11, s. 10; sub-s. Il of s.
125 is repealed by 44 V., c. 11, s. 11; and the re-
- mainder is repealed by 46 ..., c. 12, s. 3.
11|Duties of customs................................... Ss. 1 and 8 are repealed by 43 W., c. 19, s. 190; the
remainder is superseded by 42 W., c. 15, and recom-
- mended for repeal. -
12|Inland revenue................................. .....|Repealed by 43 W., c. 19, s. 190.
13|Adulteration of food.............................. Repealed by 47 W., c. 34, s. 30.
14|Inspection of petroleum.......................... Repealed by 42 W., c. 18, s. 17.
15|Weights and measures..................... ..... Repealed by 42 W., c. 16, s. 55.
16|Culling and measurement of lumber.......|Ss. 2, 3 and 4 are repealed by 48-49 W., c. 65, s. 2; re-
mainder consolidated, except s. 6, which is recom-
mended for repeal.
17|Management of certain harbors............... Consolidated.
18|Inspection of Steamboats........................ Repealed by 45 V., c. 35, s. 2.
19|Measurement of steamships,.................... Consolidated, s. 1 from “ same '' in line 13 to the end
of the section ; remainder effete and recommended
for repeal.
20|Pilotage .................... ........................... Consolidated, except s. 5, which is recommended for
repeal. . •
21|Maritime court, Ontario.......................... Consolidated, except s. 6 from “Commons” in line 3
- to the end of the section, the last two lines of s. 16,
and s. 21, which are recommended for repeal.
22|Supreme and Exchequer courts............... Consolidated.
23|Salaries of judges................................... Superseded by 45 V., c. 11, and recommended for repeal.
24|Travelling expenses of judges, British -
Columbia........................................ Consolidated.
25|Extradition ................................ ......... Consolidated, except paragraph 3 of s. 16, which is re-
pealed by 45 V., c. 20, s. 1, and ss. 2 and 3, and the
first Schedule, which are recommended for repeal.
26|Procedure and evidence in criminal cases.|Consolidated.
27|Appeals from convictions by justices........ Conºlºd, except s. 1, which is recommended for
repeal.
28|Offences against the person..................... Consolidated.
29|Larceny................................................ ( &
30|Use of fire arms...................................... Consolidated, except ss. 5 and 6, which are recommend-
ed for repeal.
31|Betting and pool Selling ........................ Consolidated.
32 Gambling in public conveyances............ Consolidated, except s. 4 from ‘‘person’’ in line 3 to
‘‘it’’ in line 9, which is recommended for repeal.
33|Gaming houses. ........................... ........ Consolidated, except sections 5 and 6, which are recom-
mended for repeal.
34|Post office Act amended........................ Consolidated.
35|Punishment of certain breaches of con- -
tract. ............................................. Consolidated, except ss. 1 and 8, which are recommend-
ed for repeal.
36|Employment of prisoners........................ Consºliº except s. 2, which is repealed by 48 49
., c. 81, S. 1.
37|Custody of prisoners. .......... • * * * * * * * * * * * * * * * * * Consolidated, except s. 7, which is recommended for
repeal.
38|Rockwood Asylum and Penitentiary Act
amended........ ................................. Repealed by 46 V., c. 37, s. 80, except ss. 1, 14 and 15,
which are recommended for repeal.
39|Prison discipline........ ........................... Consolidated. f
40|Expenses of calling out militia................ Repealed by 46 V., c. 11, s. 99.
41|Insolvent Act amended.......................... Repealed by 43 W., c. 1, s. 1.
42|Insurance ............................................. S. 15 consolidated, except from “company’’ in line 12
to the end of the section ; s. 16 consolidated, except
from the beginning to “court” in line 13 and from
‘‘Schedule '' in line 47 to “mentioned ’’ in line 52,
which parts of ss. 15 and 16 are recommended for
repeal; remainder, is repealed by 49 V., c. 45, s. 50.
43|Incorporation of companies by letters
patent.......... ................... ..............
Consolidated, except ss. 73, 75 and 105, which are recom-
mended for repeal.
74%
24.21
104
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA —Continued.
# Subject Matter. Remarks.
C -
44|Voting of shareholders in certain banks...|Consolidated.
45|Railway Act, 1868, amended ................. Repealed by 42 V., c. 9, s. 102. -
46|Intercolonial Railway ........................... SS. 2 and 3 are repealed by 42 W., c. 12, s. 2; remainde
Schedule B.
47|Claim of Dominion against Northern rail-
W8)' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule B.
48|Building societies, Ontario..................... º º
49 { { “ ............ ......... S. 2 is repealed by 47 W., c. 40, s. 1, and s 3 is repeale
º 43 W., c. 43, S. 5; remainder, Schedule B.
50|Building societies, Quebec............... ..... Schedule B. -
51|Harbor of Quebec and pilotage Act......... Consolidated, ss. 6 and 7 ; remainder, Schedule B.
52|Harbor tolls, Kincardine........................ Schedule B.
53|Harbor tolls, Montreal .......................... “.
54|Bank of British North America............... Consolidated.
55
to | a • * s e e < e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
89
41 VICT.——1878.
Maritime court of Ontario, respecting...... Consolidated, S. 1; remainder recommended for repeal.
Post office Act, 1875, amended............... Consolidated.

:;
7
} 0
Il
12
13
14
5|Homestead exemption Act
Railway Act of 1868, and amending Acts
extended to Prince Edward Island....
Supplies
Independence of Parliament, further to
SeCUlre
* * * * * * * * * * * * * * * * * * = e < * is s e e s e s w e s e º e s e º e º e s e e e s s
* * * * * * * * * * * * * * * * * * g g g º º e º ºs e is a tº e < * * * * * * * * * * * * * e º e
• * * * * * * * * * * g e s e
Election Act of 1874, amending
Audit Act. ....... ....................................
Public Works Act amended
Malt, respecting duty on
Promissory notes and bills of exchange,
Stamps -
License duties, amending Act 37 W.
Deck loads, respectin
Manitoba schools, advances for...............
Manitoba lands, as to conflicting claims to
* * * * * * * * * * * * g e º & © tº ſº tº
* * * * * * * * * * * * * * * * * * * * * g e e
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s s a
u tº e & 6 & 8 a º & 8 º' º 'º e º º e º & tº & 2 g º e g
Canada Temperance Act
Repealed by 42 W., c. 9, s. 102.
Effete ; recommended for repeal.
Consolidated, except s. 10 from “Canada,” in line 12
to “section '' in line 16, and ss. 16 and 17, which
are recommended for repeal.
Consolidated, except s. 1; s. 2 from the beginning to
“provided in line 3, the last paragraph of s. 11,
and S. 13, all which are recommended for repeal.
Consolidated, except s. 16, repealed by 48–49 V., c. 47, s.
1 ; S. 13 from “Provided '' in line 5 to the end of the
section ; S. 14, sub-s. 2 of s. 72, and ss. 76, 77 and 78,
all which are recommended for repeal. -
Consolidated.
Repealed by 43 W., c. 19, s. 190.
Repealed by 42 V., c. 17, s. 1.
Repealed by 47 W., c. 34, s. 30.
Consolidated.
Effete; recommended for repeal.
Consolidated, except s. 2 from “cases '' in line 3 to
“perjury '' in line 7, which is recommended for
repeal.
Consolidated, except s. 7 from “witness '' in line 12
to the Second “and” in line 13, which is recom-
mended for repeal.
Consolidated, except the paragraphs lettered (b) and
(c) in sub-SS. 1 and 2 of s. 3 respectively, which are
recommended for repeal, and s. 124, Schedule B.
Crime, better prevention of.....................
Common assault, evidence in cases of.....
Imprisonment in default of sureties
Penitentiary Act amended
Insolvent insurance companies, winding
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * g g g g tº
• * * * * * * * * * * * * * * * * * * * * * * * * * * * s s s = * * * * * * * * * * * * * * * * * * * * * * * * *
Expired.
Repealed by 43 W., c. 37, s. 1.
Consolidated.
Repealed by 46 W., c. 37, s. 80.
Recommended for repeal.
Schedule B.
Not public general.
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA—continued.
Subject Matter.
Remarks.
42 WICT.—1879.
1()
16
4|County Court judges, P.E.I., salaries
j|Elections, corrupt practices at
3|Official arbitrators, respecting
2|Truro and Pictou Railway
Supplies
6 * * * * * * * * * : * * * * * * * * * * * * * * * * * B is “ sº we e º tº $ tº & © tº e º ºn tº ſº tº 6
2|Manitoba, additional annual subsidy to...
3||New
Brunswick, additional judge in
Supreme Court of, and in Equity in
Nova Scotia....................................
Anticosti cable, subsidy..........................
Minister of Public Works and Receiver
General, respecting offices of
Railway Acts of 1868 and amending Acts,
amending and consolidating
Intercolonial Railway, respecting
Intercolonial Railway, purchase of part of
for
s & g a s e º tº $ tº $
* * * g e º ºs e 4 & 9 º' e º tº ſº e º $ tº º º is º º s tº * * * *s s º s e º 6 & 8
transfer Act of 1877
Canadian Pacific Railway Act of 1874,
amended ......... ..............................
Canadian Pacific Railway Act of 1874
amended
Customs and Excise duties, armending of.
• e º is s a e g º ºs e s tº e º a s & e s e º 'º e
• a s e s e s = n < e a e s s a e s ∈ e s e e s ∈ s is e º 'º e º e a s is a e º a º
Weights and Measures Acts, amending
and consolidating............................
Effete; recommended for repeal.
Expired.
Consolidated.
S. 1, consolidated ; remainder recommended for repeal.
Repealed by 43 W., c. 14, s. 1.
Consolidated.
Consolidated, except s. 14, which is repealed by 48-49
V., c. 47, s. 1; s. 1 which is effete; s. 2 from the
beginning to “council” in line 11 ; S. 3 from the
beginning to “Receiver General ’’ in line 5 ; S. 5
from “Act” in line 14 to “works’’ in line 24; Ss. 6
and 8 ; s. 12 from the beginning to ‘‘ performed ''
in line 8; and s. 15, all which are recommended for
repeal.
Consolidated, except s. 1, which is recommended for
repeal.
Consolidated, except ss. 2 and 4, in so far as they relate
to Government Railways, which are repealed in
that respect by 44 V., c. 25, s. 123; sub-s. 16 of S. 9,
which is repealed by 47 W., c. 11, s. 12; sub-s. 19 of
s. 9, which is repealed by 46 V., c. 24, S. S.; Sub-S.
22 of s. 9, which is repealed by 47 W., c. 11, S. 14;
sub-s. 4 of s. 15, which is repealed by 47 W., c. 11, S.
10 ; sub-s. 5 of s. 15, which is repealed by 44 V., c.
24, s. 3.; sub-ss. 1, 2 and 3 of S. 16, which are re-
pealed by 46 V., c. 24, s. 9; sub-s. 6 of S. 17, which
is repealed by 46 W., c. 24, s. 12; sub-s. 6 of s. 22,
which is repealed by 47 W., c. 11, s. 5; sub-s. 3 of
s. 27, which is repealed by 47 W., c. 11, s. 2: 4
and 49, which are repealed by 46 V., c. 24.
sub-s. 2 of s. 60, which is repealed by 46 V.,
s. 13; s. 71, which is repealed by 45 V., c. 37,
schedule one, which is repealed by 44 V., c. 24,
and sub-s. 14 of s. 9; sub-s. 20 of s. 9, from , ‘‘ affir–
mation * in line 4 to the end of the sub-section ; S
8
º
e
2
S.
S •
59 ; S. 92, from “penalty in line 12 to the end of
the section, and s. 102, all which are recommended
for repeal.
Schedule B.
# *
§ tº
{ {
Consolidated, except s. 5 which is repealed by 46 V., c.
13, s. 7 ; s. 8, which is repealed by 47 W., c. 30, S. 4;
s. 9, which is repealed by 48-49 V., c. 61, S. 11; SS.
13, 14 and 16, which are repealed by 43 W., c. 19, S.
190, and ss. 15, 17 and 18, which are recommended
for repeal.
Consolidated, except the last paragraph of Sub-S. 1 of S.
16, and s. 17, which are repealed by 48-49 V., c. 64,
ss. 1 and 2 respectively ; ss. 24, 25 and 26, which
are repealed by 47 W., c. 36, SS. 1, 2 and 3 respect-
ively; sub-s. 3 of s. 28, which is repealed by 47 W.,
c. 36, s. 5; s. 30, which is repealed by 47 W., c. 36,
S. 6; which is repealed by 47 W., c. 3G, S. 8;
44, 2
e-
Nº
S.
S.

2423
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
7
18
19
20
l
2
2
23
24
25
26
27
28
29
30
3
l
3
2
3
3
:
:
3
6
33
(
)
4
41
Subject Matter.
Duties on bills and notes, amending and
consolidating...................................
Petroleum, inspection and storage of.......
Amending above Act............................
Post Office Act, amending.....................,
Census and Statistics.............................
2|Trade marks and industrial designs.........
Contagious diseases of animals. .............
Tonnage dues, Canadian...................... • *
Pilotage Act, amending Act of 1873........
Masters' and mates' certificates, respecting
Seamen’s Act of 1873, amending..............
Trinity house and harbor commissioners
of Montreal Acts, amending
Pictou Harbor Act, amending.................
North Sydney, Nova Scotia, respecting
harbor of.......................................
Dominion Lands Act, amending and con-
solidating
* tº g º e º $ tº gº tº 6 tº e
2: Dominion lands in Manitoba, appropriat-
ing of...... .......................................
3|Ordnance lands and Admiralty lands in
Nova Scotia and New Brunswick......
Indian Act of 1876, amending..................
Militia and defence................................
North-West Mounted Police Force Acts,
consolidation of
is g g g g g s ∈ e º s e º 'º & s : * * * * * s tº e s a g º is
Canada Police Act.................................
Dangerous lunatics in North-West Terri-
tories, keeping of.............................
Supreme and Exchequer courts
e is a e e º sº e º e º te e º &
Maritime Jurisdiction Act of 1877, amend-
ing of.............................................
Crime, Act of 1878, for better prevention
of continued
e e º s ſº $ tº $ tº e º 'º tº # 8 tº $ tº º tº $ ſº tº 9 g g tº º tº g g tº $ tº tº
Repealed by 45 W., c. 1, s. 1.
Repealed by 43 W., c. 21, s. 29.
{ { • {
Remarks.
s. 47, which is repealed by 47 W., c. 36, s. 9 ; S. 54,
which is repealed by 47 W., c. 36, s. 11; and s. 2,
sub-s. 2 of s. 16, sub-s. 3 of s. 53 and s. 55, which
are recommended for repeal. ---
Conºd except s. 4, which is recommended for
repeal.
Consolidated, except s. 28 from “law” in line 9 to
the end of the section, and s. 39 from the begin-
ning to “repealed ” in line 7, which are recom-
mended for repeal.
Consolidated, except s. 4 from “Act” in line 5 to the
end of the section, and ss. 38 and 39, which are
recommended for repeal.
Repealed by 48-49 W., c. 70, s. 47.
Consolidated.
(
( {
{ {
Schedule B.
( {
{ {
Ss. 3 and 7 are repealed by 44 V., c. 16, ss. 1 and 2, re-
spectively; s 14 is repealed by 43 W., c. 26, s. 2;
ss. 16 and 30 are repealed by 44 W., c. 16, ss. 3 and
4, respectively ; the first eleven lines of s. 34 are
repealed by 44 V., c. 16, s. 5; sub-ss. 2, 3 and 5 of s.
34 are repealed by 43 W., c. 26, s. 4; sub-s. 8 of s.
34 is repealed by 44 W., c. 16, s. 6; the last nine
lines of sub-s. 11 of s. 34 are repealed by 44 W., c.
16, s. 7 ; sub-s. 14 of s. 34 is repealed by 43 W., c. 26,
s. 5; s. 35, is repealed by 44 W., c. 16, s. 8; ss. 37-42,
and 44-46, are repealed by 43 W., c. 26, s. 6; s. 78 is
repealed by 43 W., c. 26, s. 8; s. 111 is repealed by
44 W., c. 16, s. 11; forms A. and B. in the Sch. dule,
are repealed by 44 W., c. 16, s. 14; and the remain-
der is repealed by 46 V., c. 17, s. 126.
Effete ; recommended for repeal.
Consolidated, except s. 7, which is recommended for
repeal. t
Repealed by 43 W., c. 28, s. 112.
S. 1 is repealed by 43 W., c. 2, s. 1, and the remainder is
repealed by 46 V., c. 11, s. 99.
Consolidated, except ss. 5, 6, 7, 14, 19, 21 and 22, which
are repealed by 45 V., c. 29, s. 1; s. 10 which is effete
and is recommended for repeal; and s. 1, and s. 28
from “force” in line 5 to the end of the section,
which are recommended for repeal.
Consolidated.
Repealed by 48-49 W., c. 51, s. 15.
Consolidated, except s. 10 from “order ’’ in line 10 to
the end of the section and ss. 17 and 19, which are
recommended for repeal.
Consolidated, except s. 2, which is repealed by 45 W., c.
34, S. 4
Effete; recommended for repeal.


24.24
History and disposal of Acts. t
1()
ACTS OF THE DOMINION OF CANADA.—Continued.
2|Penitentiary Act of 1
Subject Matter.
Remarks.
- - -
875, amending
3.Andrew Mercer Reformatory Act............
4|Felonies and misdemeanors, speedy trial
of, in Ontario and Quebec.................
5|Bank shares, respecting transfer of .........
First July, Act making public holiday.....
Building societies in province of Quebec...
Building societies in Ontario
Canada Temperance Act of 1878, amend-
ing................................::::::::::::::::::
Dues on timber, &c., on Moira River
through port of Belleville, amending
Repealed by 46 V., c. 37, s. 80, except s. 3, which is re-
commended for repeal.
Consolidated, except ss. 1 and 2, which are repealed by
44 V., c. 32, ss. 1 and 2 respectively.
Consolidated.
Consolidated, except s. 2, which is repealed by 43 W., c.
22 s. 8; and ss. 3, 4, 5 and 6, which are repealed by
43 W., c. 22, s. 9.
Consolidated.
! {
Schedule B.
Consolidated.
16
17
1S
19
2
3|Public officers, security by
4Judges in British Columbia, salaries for
• * * * * * * * * * * * * * * * * * * * *
additional
s , a • e s e º e s e e s e º e s a e s = e s a “ - * * * * * * * * * * * * *
5 Crime, Act for better prevention of.........
|Dorchester penitentiary, respecting
iManitoba land claims, under 33 W., c. 3...
8|Intercolonial railway, purchase of part of
Grand Trunk railway for
Transmission of timber, joint stock com-
panies for
Supplies.................. ................. ............
Resident agent in England
* e e º 'º t e º 'º º tº 8 e º 'º a s
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2|Departmental investigations under oath.
Dominion Notes............................ .........
Anticosti cable Act, repeal of........ ... e. e. e. e. e. e. e. e.
Jºsquimalt graving dock
Agreement with Canada Central railway
company
Quebec harbor commissioners.................
Customs and excise
* * * * * * * * m e º 'o e s m e º 'º e º e º s e
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * e o e s e e º a s e º a s e º 'º e a e º e º is a
Inland Revenue Acts, cousolidation of.....
s tº s e e º e º e º e s a s tº e º 4 & 8 e s a t < *
Inspection Act, general
Act as to................................ ........ Schedule B.
R &
} • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
& 43 WICT.—1880.
Insolvency Acts repealed......... .............. Recommended for repeal. -
Militia Acts amended ............................ S. 1 is repealed by 44 W., c. 19, s. 2, and the remainder
is repealed by 46 V., c. 11, S. 99.
Consolidated.
Effetc.; recommended for repeal.
Repealed by 46 V., c. 37, s. 80.
Consolidated, except s. 3, which is recommended for
repeal. -
Schedule B.
{{
Effete : recommended for repeal.
Consolidated.
{ {
Consolidated, except s. 1 from the beginning to “re-
pealed '' in line 7, and s. 5 from the beginning to
* Act ’’ in line 14, which are recommended for
repeal.
Recommended for repeal.
Schedule B.
( {
( .
Consolidated, except s. 3, which is recommended for
repeal.
Paragraph (g) of s. 1 is repealed by 45 V., c. 8, S. 12;
sub-s. 2 of s. 14 and sub-s. 2 of s. 18 are repealed by
45 V., c. 8, s. 1; sub-s, 3 of s. 29 is repealed by 45
W., c. 8, s. 14; sub-s. 10 of s. 35 is repealed by 45
V., c. 8, s. 1; paragraph 4 of S. 49 is repealed by 45
V., c. 8, s. 15; ss. 83, 84, 85, 89 and 106 are repealed
by 45 V., c. 8, ss. 2, 3, 4, 5 and 10 respectively ;
sub-s. I of s. 140 is repealed by 45 V., c. 8, S. 20;
s. 148 is repealed by 45 V., c. 8, S. 7 and the re-
mainder is repealed by 46 V., c. 15, s. 333.
Consolidated, except s. 3, which is repealed by 44 V., c.
22, s. 1 and s. 4, which is repealed by 48-49 W., c.
66, s. 19. -

2425
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA—Continued.
2-
.# Subject Matter. Remarks.
C
21|Petroleum, inspection of........................ Consolidated, except ss. 2, 3, 6, 7 and 11, which are
repealed by 44 V., c. 23, ss. 1, 2, 4, 5 and 6 respec
tively, and s. 29, which is recommended for repeal.
22|Banks and banking................................ Conºd, except s. 9, which is recommended fo
repeal.
23|Savings banks (Ontario and Quebec)...... Effete; recommended for repeal.
24|Bill stamps, extension of laws respecting
to Whole Dominion.............. ............ ( { ( {
25|North-West Territory, consolidation of --
Acts......... ...................................... Consolidated, except ss. 23 to 41 inclusive, 43 to 46 in-
clusive, 57 and 66 to 70 inclusive, which are repealed
by 49 W., c. 26, ss. 2 and 140 : ss. 63, 64 and 65,
which are repealed by 47 W., c. 23, s. 1; ss. 71, 74,
75, and 77, which are repealed by 49 W., c. 25, s. 32;
sub-s. 1 of S. 82, which is repealed by 47 W., c. 23,
S. 3.; ss. 85, 87 and 88, which are repealed by 47 W.,
c. 23, SS. 4, 5 and 6 respectively ; so much of s. 89
as relates to stipendiary magistrates, which is re-
pealed by 49 W., c. 25, s. 32; sub-ss. 9 and 10 of
S. 90, which are repealed by 47 W., c. 23, s. 8 ; ss. 92
and 93, which are superseded by 44 V., c. 13, S. 46,
and are recommended for repeal; ss. 42 and 95,
which are recommended for repeal, and the words.
in the Schedule from “twenty-six '' in line 55 to
“it” inclusive in line 57 which are repealed by
48–49 V., c. 51, s. 8.
26|Land Act of 1879, amended................... Repealed by 46 W., c. 17, s. 126.
27|Land Act, extension to British Columbia,
repealed................................... ...... Repealed by 47 W., c. 6, s. 11. - -
28|Indian Act, consolidation of.................. Consolidated, except $. 3, which is repealed by 46 W.,
c. 6, s. 1; s. 20 which is repealed by 47 W., c. 27, s.
5; s. 23 which is repealed by 44 V., c. 17, s. 8;
sub-s. 1 of s. 27 which is repealed by 47 W., c. 27, s.
7; s. 30 which is repealed by 44 V., c. 17, s. 9; ss.
99 and 100 which are repealed by 47 W., c. 27, ss., 16.
and 17 respectively; and s. 5 from “affairs,” in line
3 to the end of the section; s. 6; s. 7 from “affairs”
in line 6 to the end of the section; s. 53 from “re-
spectively ’’ in line 12 to the end of the section, s.
89 from “form '' in line 5 to the end of the section ;
S. 108 from ‘‘ Public ’’ in line 14 to the end of the
section ; and ss. 112 and 113, all which are recom-
mended for repeal.
29|Canadian waters, navigation of.............. Consolidated, except s. 1, which is recommended for
repeal.
30|Obstructions in navigable waters by p W
Wrecks, amending law as to.............. Repealed by 49 V., c. 36, s. 8.
31|Trinity house, Montreal.......... ............... Schedule B.
32|Hon. J. Young, annuity to widow of........ § {
33|Pictou, N.S., harbor of........................... { {
34|Supreme and Exchequer courts............... Consolidated, except s. 5, which is recommended for
repeal.
35|Criminal cases, evidence in.................... Conºred.
36|Criminal justice in disputed territory...... Expired.
37|Offences against the person and repealing
41 V., c. 18...................................... Consolidated, except s. 1, which is recommended for
- repeal.
38|Cruelty to animals................................ Consolidated, except s. 1 which is recommended for
repeal.
39|Ontario reformatory for boys.................. Conºred, except s. 15 from the beginning to
“law.” in line 10, and s. 16 from “only ” in line
1 to the end of the section, which are recommended
for repeal.
40|Ontario industrial refuge for girls........... Consolidated, except s. 10 from “only ” in line 1 to
the end of the section, which is recommended for
repeal.
41|Juvenile offenders, reformatory for, in
Prince Edward Island..................... Consolidated.


2426
History and disposal of Acts.
109
ACTS OF THE DOMINION OF CANADA.—Contin wer!.
Subject Matter.
Remarks.
Interest on mortgages on real estate........
-*
Consolidated.
43|Permanent building societies................. Schedule B.
44
tol X ....... tº e º w s e º a tº e 4 º' tº e s tº a º e º 'º - e s w tº e º 'º e º 'º e º 'º e & tº e º e º e º e g g g º e Not public general.
76
|
44 WICT.—1880-81.
1|Canadian Pacific railway............ ...........|Schedule B.
2|Supplies........ • * is e º s e º e * - a w - - - - e s is e e s e º a • s e s e º 'º a Effete; recommended for repeal. t
3|Public loans.......................... & e s p e º 'º - a 4 º' is a e s - Superseded by the annual supply Act ; recommended
for repeal.
4|Currency, uniform, for Canada ..... ........ Consolidated.
5|Judges, additional in Quebec, saiaries of { {
6|Judges' salaries, increase of Prince Ed-
Ward Island........... a se e s e tº e s s e e s a • * * * * e e s e º e Consolidated, s. 1; remainder recommended for repeal.
7|Harbor commissioners of Montreal........... Schedule B.
8|Savings banks in Ontario and Quebec.....|Consolidated.
9|Banking Act, amendment of ............ ... { {
10|Customs duties Act, amendment of......... Consolidated, except s. 5, which is recommended for
repeal.
11|Customs Act amended........................... Repealed by 46 W., c. 12, s. 3.
12|Canadian Pacific railway, drawback on
material for.................. tº e º e e º e º a º e º 'º - 9 Repealed by 45 V., c. 7, s. 5.
13|Naturalization Act............................... ..|Consolidated, except s. 2.; the last paragraph of s. 32
from the beginning to “section ” in line 3; s. 36
and S. 45 from ‘‘ Act ’’ in line 2 to “shall’’ in line
3, all which are recommended for repeal.
14|Manitoba, extension of boundaries of...... Consolidated, except the paragraph lettered (a) of s. 2
and s. 4, which are recommended for repeal.
15||Disputed territory, criminal justice Act
of 1880 kept in force........................ Effete ; recommended for repeal.
16|Dominion lands Acts, amendment of...... Repealed by 46 W., c. 17, s. 126.
17|Indian Act, amendment of..................... Consolidated, except s. 8, which is repealed by 47 W.; c.
27, s. 21.
18|Quebec military asylum.......................... Schedule B.
19|Militia and defence Acts, amendment of...S. 2 is repealed by 45 V., c. 10, s 1; remainder eſſete and
recommended for repeal.
20||Navigation of Canadian waters............... Consolidated, sub-s. 2 of s. 1; remainder recommended
for repeal.
21 Steamboat Acts, amendment of.............. Repealed by 45 V., c. 35, s. 2.
22|General inspection Act, amendment of...|Consolidated.
23|Petroleum inspection Act....................... Consolidated, except ss. 2 and 9, which are recommend-
- ed for repeal.
24|Railway consolidated Act, amendment of Consolidated, except ss 4 and 5, which are recom-
- mended for repeal.
25|Government railway Acts, consolidation
of................................................... Consolidated, except sub-s. 15 of s. 5 from “Act” in
line 12 to the end of the sub-section ; S. 26 ; sub-S. 1
of s. 90 ; s. 105; s. 112 from “years ” in line 21 to
the end of the section; s 120 from “penalty” where
it first occurs in line 12 to the end of the section,
and s. 123, all which are recommended for repeal.
26|Telegraph operators............................. .|Consolidated, except ss. 7 and 8, which are recommend-
ed for repeal.
27|Insolvent Acts, amendment of............... Recommended for repeal.
28|Documentary evidence........................... Consolidated.
29|Better prevention of crime Act............... Effete; recommended for repeal.
30|Prize fighting....................................... Consolidated.
31|Vagrants, sentences on.......................... { {
32|Andrew Mercer reformatory and central
prison, Ontario................................ ( {
33|Canada and Asia marine telegraph........ ...Expired.
34
to X ........' ............... ........................ ......... Not public general.
63


2427
110
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA—Continued.

§ Subject Matter. Remarks.
O
45 WICT.—1882.
—
1|Duties on bills, notes and drafts, repeal of Recommended for repeal.
2|Supplies................................. .............. Effete ; recommended for repeal.
3|Representation in House of Commons...... Consolidated, except sub-s. 5 of S. 4, and sub-s. 2 of S.
5, which are recommended for repeal.
4|Civil Service Act................................... Ss. 3, 5, 6, 7 and 13 are repealed by 46 V., c. 7, ss. 1, 2,
3, 4 and 5, respectively ; ss. 25 and 31 are repealed
by 47 W., c. 15, ss. 2 and 3, respectively; ss. 34, 36
and 39 are repealed by 46 V., c. 7, ss. 6, 7 and 8,
respectively; s. 49 is repealed by 47 W., c. 15,
s. 5; s. 54 and sub-s. 3 of s. 55 are repealed by 46
W., c. 8, s. 16; so much of Schedule B as relates to
Customs, Inland Revenue and Railway Mail Clerks
is repealed by 46 W., c. 7, s. 14; so much of the said
Schedule as relates to departments generally is re-
pealed by 46 W., c. 7, s. 9; and the remainder is re-
pealed by 48-49 W., c. 46, s. 60.
5|Subsidy to Manitoba.............................. Consolidated.
6|Customs Duties Act, amending............... Consolidated, except s. 6, which is recommended for
repeal.
7|Drawback of customs duties on Canadian p
Pacific Railway articles.................... S. 5, recommended for repeal ; remainder Schedule B.
8|Inland Revenue Act, amending............... Repealed by 46 W., c. 15, s. 333.
9||Newspapers, abolition of postage...... ..... Consolidated, except s. 2, which is recommended for
repeal.
10|Militia Act, amendment.......................... Repºt. by 46 W., c. ll, s. 99.
11|Salaries of judges, amending Act............ Consolidated.
12|County court judges removal from office,
pensions.......................................... Consolidated, except s. 9, which is recommended for
repeal.
13|Bank of Upper Canada, debt of............... schi'i. B.
14|Subsidies to certain railways.................. { {
15|Intercolonial and Prince Edward Island
railway branch lines. ...................... ( &
16|Intercolonial Railway, Windsor branch...
17|Dry docks, encouraging erection of......... { {
18|Sea fisheries, encouraging development of Consolidated.
19|Fishing vessels, exemption from duties....|Recommended for repeal.
20|Extradition, amending Act of 1877......... Consolidated.
21|Fugitive Offenders Act........................... Consolidated, except the third paragraph of s. 16, and
s. 17, which are recommended for repeal.
22|Patent Act, amendment of...... .............. Consolidated.
23|Insolvent banks, insurance and other
companies, winding up of................. Consolidated, except s. 1, which is repealed by 47 W.,
c. 39, s. 1; sub-s. 2 of s. 77, which is repealed by 47
W., c. 9, s. 5; ss. 99, 100, 101 and 102, which are re-
pealed by 47 W., c. 39, s. 7 ; s. 7, and s. 69 from “pro-
ceeding ” in line ll to “Act” in line 15, ss. 94 and
96, and s. 115 from “ order '' in line 6 to the end of
the first paragraph, all which are recommended for
repeal.
24|Building societies and loan companies,
25
26
27
28
29
31
Ontario, amending Act....................
General Inspection Act, amendment of...
Petroleum Inspection Act, amendment of
Dominion Lands Act, amendment of........
North-West Territories Act, amendment
OI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
North-West Mounted Police Act, amend-
ment of
• - - - - e º e º p tº e º 'º - s is e º e s - e º - a tº e º e º e º s 4 - e º 'º e º º
Criminal justice in disputed territory ex-
Schedule B.
Recommended for repeal.
Consolidated, s. 1; remainder recommended for repeal.
Effete, recommended for repeal.
{ { ( {
Consolidated, except so much of s. 1 as prescribes a
form of oath of allegiance, which is recommended
for repeal.
Consolidated, except s.
repeal.
2
, which is recommended for
tending Act........................... ......... J
Effete; recommended for repeal.
2428
History and disposal of Acts. 111
36
37
38
39
40
41
42
43
44
45
46
ACTS OF THE DOMINION OF CANADA.—Continued.
Subject Matter. Remarks.
Pilotage Act, amendment of other Acts...!Consolidated.
Seamen's Act of 1873, amendment of....... Consolidated, except S. 4, which is recommended for
repeal.
Maritime jurisdiction Act amendment,
and as to recovery of seamen's wages
Inspection of steamboats consolidation....
Lighthouses, buoys and beacons..............
Bridges over navigable streams
* * * g e º ſº tº 8 e e º tº & e
Better prevention of crime Act, extending
Firearms, improper use of Act amending
Telegraph, definition of the word
Railway passenger tickets
* * * * * * * * * * * *
e e e s e º e º e s tº e s e º e º e º e &
Marriage with deceased wife's sister
Trinity house and harbor commissioners,
Montreal
St. Lawrence, improvement of................
Port warden, Montreal, consolidating
Act..................... ...........................
Port wardens generally, Act amending
general Act.....................................
• * * * * * g a
Consolidated, except Ss. 3 and 4, which are recommended
for repeal. -
Consolidated, except sub-s. 2 of s. 32
by 49 V., c. 34, S. 12; so much of s.45 as requires
that the certificate of any engineer shall be subject
to renewal yearly or otherwise, or authorizes the
Board of Inspection to grant any such certificate,
which is repealed by 49 V., c. 34, s. 15, and s. 2,
Sub-S. 2 of s. 7, and s. 69, which are recommended
for repeal.
Consolidated.
Consolidated, except s. 5, which is repealed by 48-49
W., c. 6, S. 1, and Ss. 3, 4, 7, 8, 9 and 10, which are
repealed by 49 W., c. 35, s. 9.
Effete ; , recommended for repeal.
Consolidated.
Consolidated, S. 1; remainder recommended for repeal.
Consolidated, except s. 11, which is recommended for
repeal.
Schedule B.
{ {
{ {
, which is repealed
{ {
47
48
49
50
:
.
Quebec harbor amending Act..................
Harbor and river police, Province of
Quebec............................................
Harbor master, Halifax, Act amended.....
Harbor of North Sydney, N.S., Act
amended
Harbor of St. John, N.B., Act relating to
Harbor of Three Rivers, Act as to improve-
Consolidated, except s. 3, which is recommended for
repeal.
Schedule B.
Consolidated, except s. 12, which is recommended for
repeal.
Schedule B.
{ {
{ {
ment of........................................... S. 6 repealed by 48-49 W., c. 76, s. 4; remainder,
Schedule B
53|Canadian Pacific Railway...................... Schedule B.
54|Canada and Asia marine telegraph......... Effete ; recommended for repeal.
55|Chignecto Marine Railway..................... Schedule B.
56
to | * * * * * * * * * e e a e s e e s e < e s e s s e º e is e º e . * * * * * * * * * * * * * * * * * * * * * * * * Not public general.
127 J
46 WICT.——1883.
, linterpretation Act amended.................... Consolidated, except s. 2 from “administered” in
line 20 to “perjury '' in line 26, which is recom-
mended for repeal.
2|Supplies.................. .............................. Effete ; recommended for repeal.
3|Loan for public service.......................... Superseded by annual supply Act ; recommended for
repeal.
4|Elections Act amended......................... Consolidated.
5|Public Works and Railways and Canals. ( &
6|Indian Act amended.............................. Consolidated, s 1; remainder recommended for repeal.
7|Civil Service Act amended..................... S. 7 is repealed by 47 W., c. 15, s. 4; and the remain-
der is repealed by 48-49 W., c. 46, s. 60.
8|Civil Service Superannuation .................. Consolidated, except s. 16, which is recommended for
repeal.

2429
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
l
l
l
16
l
3
4
5
7
Subject Matter.
Remarks.
Judges of provincial courts.....................
High court of justice for Ontario............
Militia and defence................................
Customs Act
Duties of Customs................... e e º e º e e s e º e s s a
Manufacture of pig iron.......... ..............”
Inland Revenue Act..............................
Tolls on Government Works....................
Dominion lands....................... ...............
Consolidated, except s. 1, which is repealed by 49 V., c.
6, S. 2.
Consolidated. -
Consolidated, except s. 76 from “offence ’’ in line 1
to the end of the section ; sub-s. 2 of s 97, s. 90 and
the Schedule, which are recommended for repeal.
Consolidated, except ss. 86, 153 and 188, which are re
pealed by 47 W., c. 29, ss. 3, 2 and l respectively ;
and SS. 2, 3 and 5, s. 11 from “law '' in line 11 to
the end of the section ; sub-s. 1 of s. 12, s. 169, s.
236 from “altered '' in line 7 to the end of the
Section ; S. 237 ; s. 238 from “same '' in line 9
to the end of the section, and the schedule, all
which are recommenced for repeal.
Consolidated, except s. 5, which is repealed by 48-49
W., c. 61, S. 9; and ss. 4, 7 and 8, which are recom-
mended for repeal.
Schedule B.
Consolidated, except s. 33 from “day” in line 5 to the
end of the section, which is repealed by 49 V., c. 39,
2; SS. 51 and 52, which are repealed by 48-49 W.,
. 62, s. 2; S. 62, which is repealed by 48-49 W., c.
s. 27 ; S. 81, which is repealed by 48-49 W., c. 62,
4; ss. 99 and 108, which are repealed by 48-49 W.,
c. 62, s. 27 ; sub-s. 4 of s. 126, which is repealed by
48-49 W., c. 62, s. 8 ; sub-s. 1 and 2 of s. 143, which
are repealed by 49 W., c. 39, s. 6; s. 162, which is
repealed by 48-49 W., c. 62, s. 10; s. 177, which is
repealed by 48-49 W., c. 62, s. 11; sub-s. 2 of s. 212,
which is repealed by 48-49 W., c. 62, s. 12; s. 215,
which is repealed by 48-49 W., c. 62, s. 13; s. 226,
which is repealed by 49 V., c. 39, 's. 8 ; the para-
graph marked (/) of s. 237, which is repealed b
48-49 V., c. 62, s. 27 ; the seventh, eighth, nint
and tenth paragraphs of s. 248, which are repealed
by 48-49 W., c. 62, s. 14; the paragraphs marked (a),
(d) and (h) of sub-s, l and the first paragraph of
sub-s. 2 of s. 250, which are repealed by 48–49 V., c.
62, s. 15; sub-s. 3 of s. 253, which is repealed by
48-49 V., c. 62, s. 16 ; s. 260, which is repealed by
48-49 V., c. 62, s. 17; ss. 265 and 266, which are re-
pealed by 48-49 V., c. 62, s. 18 ; s. 269, which is
repealed by 48–49 V., c. 62, s. 19 ; S. 277, which is
repealed by 48-49 W., c. 62, s. 27 ; sub-ss. 1 and 2 of
s. 287, which are repealed by 48-49 V., c. 62, s. 21 ;
s. 288, which is repealed by 48–49 V., c. 62, s. 22 ;
the last paragraph of s. 300, which is repealed by
48-49 W., c. 62, s. 23; ss. 312, 316, 330 and 332,
which are repealed by 48-49 W., c. 62, ss. 24, 25, 26
and 27 respectively ; and sub-s. 1 of s. 31, s. 264
from “council '' in line 4 to the end of the section,
and ss. 274, 318 and 333, all which are recommended
for repeal.
Consolidated, except s. 2 from the beginning to
“works '' in line 4, which is recommended for
repeal.
Consolidated, except sub-ss. 3 and 4 of s. 2, which are
repealed by 49 V., c. 27, s. 2; sub-ss. 1, 2, 3, 4 and 6
of s. 29, which are repealed by 49 W., c. 27, S. 4;
sub-s. 5 of s. 29, which is repealed by 47 W., c. 25, S.
l; sub-s. 4 of s. 33, which is repealed by 47 W., c. 25
s. 3; ss. 37 and 38, which are repealed by 49 V., c.
27, ss. 8 and 9 respectively ; s. 39, which is repealed
by 47 W., c. 25, s. 4; the first two lines of s. 83, which
are repealed by 49 V., c. 27, s. 11; ss. 88 and 89,
which are repealed by 49 W., c. 27, s. 12; sub-s. 1 of s.
91, which is repealed by 49 V., c. 27, s. 13; s. 92,
}
5
j
which is repealed by 49 V., c. 27, s. 14; ss. 95, 90 and







2430
History and disposal of Acts. 113
ACTS OF THE DOMINION OF CANADA.—Continued.
3. Subject Matter. Remarks.
C
97, which are repealed by 49 V., c. 27, s. 15; s. 99,
sub-s. 1 of s. 101, s. 102 and sub-s. 6 of s. 104, which
are repealed by 49 V., c. 27, ss. 16, 17, 18 and 19 res- .
Wºº ; ss. 105 and 106, which are repealed by 49
., c. 27, s. 20; s. 109, which is repealed by 49 V., c.
27, s. 21 ; and sub-s. 7 of s. 1, s. 79, s. 81 from “In-
dians” in line 3 of paragraph (a) to the end of the
paragraph; ss. 84 and 86, s. 107 from “Surveyor-
General ” in line 8 to “accordingly ’’ in line 13,
S. 126 and forms E and L in the schedule, all which
are recommended for repeal.
18|Post Office Act amended........................ Consolidated.
19íPatent Act amended ............................. { {
20|Bank Act amended................................ Consolidated, except s. 10, which is recommended for
repeal. -
21|Duty on bills and notes.......................... schii. B.
22|Bills and notes in Prince Edward Island..!Consolidated, except s. 1, which is recommended for
repeal.
23|Insolvent banks and corporations............ Conºiod.
24 Railway Act, amended........................... Consolidated, except s. 4 from “therefor” in line 3 to
“Majesty'' in line 35, which is repealed by 47 W.,
c. 11, s. 3; the paragraph marked (b) of s. 11, which
is repealed by 47 W., c. 11, s. 4; and sub-s. 3 of s. 6,
which is recommended for repeal.
25|Subsidies for construction of railways..... Schedule [3.
26|Advances to St. John Bridge, &c., Com-
D&llly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * -
27 Fillº. by foreign vessels....................... Consolidated. •.
28; Certificates to masters and mates..........., Consolidated, except s. 16, which is recommended for
repeal.
29;General Inspection Act amended ............ Consolidated, except s. 2, which is repealed by 48–49 W.,
c. 66, s. 19.
30|Liquor License Act................. ............... The Judicial Committee of the Privy Council have decided
that this Act is ultra vires the Parliament of Canada.
31|Aliens in Manitoba.......... '• • * * * * * * * * * * * * * * * ....|Recommended for repeal.
32|Fraud in relation to contracts................. Consolidated.
33lContinuing Acts.................................... Effete ; recommended for repeal.
34|Criminal Procedure................................ Consolidated.
35|Evidence, foreign tribunals..................... &
| 36|Lotteries. ................. ......... ......... ......... { { ! -
37|Penitentiaries ............... ........................ Consolidated, except s. 14 from “obey ’’ in line 13 to
the end of the section, s. 80 and schedule B, which
are recommended for repeal.
38|Ship channel, River St. Lawrence........... Schedule B.
39|Quebec harbor commissioners.................. § {
40|Quebec graving dock.............................. ( &
41|Harbor of Three Rivers........................... ( &
42|Harbor of Pictou........ ....................... ... { {
43|Works in navigable waters... ................. Consolidated, s. 1; s. 4, is repealed by 48-49 W., c. 6, s.
1; remainder is repealed by 49 V., c. 35, s. 9.
4|Works in navigable waters..................... Repealed by 49 V., c. 35, s. 9.
45|Canada and Asia marine telegraph......... Effete; recommended for repeal.
46
to | • a s = e g s e a s a s a e s e a s = e s e s a s = < e e s e º e e s e < * * * * * * * * * * * * * e º e º a s Not public general.
98
47 WICT.—1884.
ignºn Pacific Railway...................... Schedule B.
2. Supplies........................... ..................... Effete; recommended for repeal
3|Loan for public service........................... sº by annual supply Act; recommended for
repeal.
4|Subsidies to provinces............................ Conºlºd, except S. 4, which is recommended for
repeal.
Agreement with Nova Scotia......... ........ |Schedule B.
5
2431
114
History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
3 * Subject Matter. Remarks.
C
6|Railway lands in British Columbia ......... Consolidated, s. 11 (except sub-s. 5, which is reco
mended for repeal) and s. 12; remainder Schedule
7|Aid to Schools, Manitoba................. ...... Effete ; recommended for repeal.
8|Subsidies to railways........................ ..... Schedule B.
9|Quebec tidal dock ........................... ..... { {
10|Quebec graving dock.............................. ( (
11|Railway Act amended ...... * * * * * * * * * * * * * * * * * s s e e Consolidated, except s. 5, which is recommended fo
repeal.
12|County Judge, Cariboo.......................... Consolidated.
13|Additional Judge of Queen's Bench,
Manitoba......................................... ( (
14|Independence of Parliament................... Consolidated, except SS. 2 and 3, and the last paragrap
of s. 4, which are recommended for repeal.
15|Civil Service Acts amended ................... Repealed by 48-49 W., c. 46, s. 60.
l6|Public Works Act amended....... ............ Consolidated.
17|Fortifications and military buildings....... { {
18||Department of Marine and Fisheries......... Consolidated, except s. 4, which is recommended fo
repeal.
19|Masters and mates and shipping of seamen Conºted.
20|Steamboat inspection............................. Effete and recommended for repeal.
21|Sick and distressed mariners .................. Consolidated.
22|Investigation into shipwrecks.................. Consolidated, s. 1; remainder recommended for repeal
23|North-West Territories Act, amended...... Consolidated, except s. 1, which is repealed by 49 V., c
26, ss. 2 and 140; ss. 2 and 6 which are repealed b
49 V., c. 25, s. 32; s.9, which is repealed by 48-49 W.
c. 51, s. 7 ; and s. 10, which is recommended fo
- repeal.
24iTerritory in dispute between Canada and
34
35
36
37
38
39
40
41
42
43
5|Dominion lands Act amended
* * * * * * * * * * * * * * * * * * * * e s e e e º s a s e e s a • * * * s e e º a
Cntario
Claims to lands in Manitoba
Indian Act amended
º w tº tº º ſº tº e º tº 6 º' tº º s e º 'º e
* * * * * * * * * * * * * * * * * * * e e s e º a s e e º a
Indian advancement
Customs Act amended...........................
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Duties of customs...................................
Temperance Act amended.......................
Liquor license Act amended
General inspection Act amended
Adulteration of food and drugs
Gas inspection Act amended
* 9 & 0 & # e s e º 'º - e s tº e º º
Weights and measures Act amended
Agricultural fertilizers
Fraud as to sale of patent rights
Insolvent banks and corporations
* * * * * * * * * * * * * * * * * * * * * * * * * e g
* I e tº tº a s a s g º tº
• * * * * * * * * * *
Building societies and loan companies,
Ontario -
Speedy trials, Manitoba
Criminal law,
Summary convictions
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* 6 tº ſº tº ſº e º 'º - © tº º & tº a w e º 'º e º e s tº
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
S. 3 recommended for repeal; remainder, Schedule B.
Consolidated, except ss. 1 and 4, which are repealed by
49 V., c. 27, ss. 4 and 10 respectively, and s. 8, whic
is recommended for repeal.
Consolidated, s. 1; remainder recommended for repeal.
Consolidated, except s. 25, which is recommended for
repeal. -
Consolidated.
Consolidated, except ss. 3 and 4, which are recom-
mended for repeal.
Consolidated, except ss. 3 and 5, which are recom-
mended for repeal.
Consolidated, s. 1; remainder recommended for repeal.
The Judicial Committee of the Privy Council have
decided that this Act is ultra wires the Parliament of
Canada.
Consolidated, except ss. 2, 3 and 4, which are repealed
by 48–49 V., c. 66, s. 19.
Repealed by 48-49 W., c. 67, s. 31.
Consolidated, except s. 1 from “stamped ” in line 5 to
the end of the section, which is recommended for
repeal.
conſºliºted, except s. 4, which is repealed by 48-49 W.,
c. 63, s. 4.
Repealed by 48-49 W., c. 68, s. 16.
Consolidated.
Consolidated, except s. 8, which is recommended for
repeal.
Schedule B.
Consolidated.
{ {
* * * * * * * * * * * * * * * * * * * * * * * * * e s e
• s s a • * * * * * * * * * * * * * * * * * * * * * g º e <
Removal of prisoners
Halifax reformatory
• * * * * * * * * * * * * * * * * * * * e º e º e º º e º a
• * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * * * * * * * * * * * * * * * * * g e i s a e s a s e a
r)
O ,
*
--
S • which is recommended for
Consolidated, except
repeal.
Consolidated, except ss. 4 and 5, which are recom-
mended for repeal.
Consolidated.
Not public general.







2432
History and disposal of Acts.
115
ACTS OF THE DOMINION OF CANADA.—Continued.

É Subject Matter. Remarks.
C
—i
48–49 WICT.-1885.
lDeputy Speaker, House of Commons........ Consolidated, except s. 4, which is recommended for
repeal.
2|Department of Secretary of State............ Consolidated.
3|Census, Manitoba and North-West Terri-
tories .................. ........................... Schedule B.
4|Advances to the provinces...................... Consolidated.
5|Construction of dry docks....................... Schedule B.
6|Bridges, booms and other works.............. Repealed by 49 V., c. 35, s. 9.
7|Explosive substances.............................. Consolidated, except ss. 15 and 16, which are recom-
8 mended for repeal.
to X ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Not public general. º
39
40|Electoral Franchise................................

41
43
44
45
46
47
48
49
50
:
:
i
:
59
6()
61
6
2
Supplies....................................... . . . . . . . . .
Expenses, troubles in North-West Terri-
tories. ...... ......... ........ . . . . . . . . . . . . . .........
Loan for public Service...........................
Colonial exhibition...............................
Library of Parliament
* e º ſº tº 6 tº e º 'º - e º e g tº e º 'º - - - - - e s tº &
Civil service..........................................
Treasury Board......................................
Proof of entries in books of account
Insurance Act amended....... ..................
Claims of Manitoba................................
- - - - - - - - -
|North-West Territories........ .................
Disputed Territory Act continued...........
North-West Mounted police, increase .....
North-West Mounted police, ranking of
officers............................................
County Judge, Manitoba
Salaries of judges...................................
Canadian Pacific Railway
Subsidies to railways..............................
Subsidies to railways.............................
Land subsidies to railways.....................
Duties of customs............ ......................
* * * * * * * * * * g e e s - tº a e = e a e s ∈
• * * * * * * * * * * * * * * * * * * a e e
Inland Revenue Act amended
tº e a s e º e º sº a tº e º tº e
Consolidated, except the definitions of owner (else-
where than in Quebec), occupant, father, mother,
farmer's son, son of an owner of real property, and
actual value or value in s. 2, which are repealed by
49 V., c. 3, s. 1; ss. 3 and 4, which are repealed by
49 V., c. 3, s. 2; ss. 5, 8, 33 and 48 and Form B in
the schedule, which are repealed by 49 V., c. 3, Ss.
3, 5, 10, 13 and 14 respectively; the definition of
“section ” in s. 2, sub-s. 2 of s. 2, s. 10 from “Can-
ada, ’’ in line 3 to the end of the section, ss. 15-32,
s. 57 from the beginning to “eighty-six '' in line 6,
and ss. 58, 59, 61 and 65, which are recommended
for repeal.
Last paragraph of items under heading “Miscellaneous”
in Schedule A consolidated ; remainder recom-
mended for repeal.
Effete; recommended for repeal.
Superseded by annual supply Act, and recommended
for repeal.
Schedule B.
Consolidated, except ss. 4 and 5, which are recommend-
ed for repeal.
Consolidated, except s. 60, which is recommended for
repeal.
Consolidated.
Repealed by 49 V., c. 45, s. 50.
Consolidated, except s. 3 from “dollars ” where it
occurs the second time in line 4 to the end of the
section, and s. 8, which are recommended for
repeal.
Consolidated, except ss. 4 and 6, which are repealed by
49 V., c. 25, s. 32; and s. 8, s. 12 from the begin-
ning to “confirmed ” in line 8, and s. 15, which are
recommended for repeal.
Effete ; recommended for repeal.
Consolidated.
{ {
{ {
( (
Schedule B.
{ {
{ {
{ {
Consolidated, except ss. 8, 14 and 15, which are recom-
mended for repeal.
Consolidated, except s. 8, which is repealed by 49 V., c.
39, s. 3; the second paragraph of s. 14, which is
repealed by 48-49 W., c. 61, s. 10; ss. 21 and 22,
which are repealed by 49 W., c. 39, ss. 10 and 11,
respectively ; and sub-s. 2 of s. 14, and s. 27, which
are recommended for repeal.
2433
T 16 History and disposal of Acts.
ACTS OF THE DOMINION OF CANADA.—Continued.
3. Subject Matter. Remarks.
C
63;Canned goods ......... ............................. Consolidated, except.s. 5, which is recommended fo
- repeal. - - . . .
64|Weights and measures........................... Consolidated.
66; Culling of timber.................................. .|Consolidated, except ss. 2 and 3, which are recom
• mended for repeal.
66; General inspection Act amended ............ Consolidated, except s. 19, which is recommended for
- repeal.
67|Adulteration of food, drugs, &c......... .... Consolidated, except ss. 31 and 32, which are recom-
mended for repeal.
68|Agricultural fertilizers................. & a e º e e s is a tº Consolidated, except ss. 15, 16 and 17, which are recom-
mended for repeal.
69|Inspection of gas .................................. Consolidated.
70|Contagious diseases of animals.............. .|Consolidated, except s. 13, which is repealed by 49 W.,
*. c. 43, s. 1; and s. 47, which is recommended for
repeal.
71|Chinese immigration.............................. Consolidated, except s. 13 from “Act” in line 3 to
the end of the section, and s. 23, which are recom-
mended for repeal.
72|Militia Act amended.............................. Consolidated.
73
74
*75
76
77
78
79
30
81
82
83
84
Militia land grant
Liquor licenses
Steamboat inspection........ • * * * * * * * * * * * * s • * * * * * *
Harbor commissioners, Three Rivers
Harbor of Quebec
e g º e º e º 'º e º ſº tº e º 'º a s a tº º 'º e º 4 e º 'º e º a º º º
• * * * * * * * * * * e º 'º - e. e. e. e. e. e º e e s is e a e º e º 'o - w w tº dº
Harbor master, Halifax
Central prison, Ontario
Peace in vicinity of public works
• e º 'º e º 'º e º e º e º 'º - e s is a tº a tº e º s e tº
tº e tº º 0 & 0 e º 'º e º tº t e º 'º º e º a - a tº tº e
Employment of prisoners........................
Offences against the person
Bank of British Columbia
Commercial Bank of Windsor
• * * * s e º a tº e º e e º 'º - e º 'º e e
as e - e º 'º e º & tº t t t t t e º 'º e º 'º &
• * * * * * * * * * * * * * * * *
• * * e e e - w e s e e º 'º e º e s a e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e e
Schedule B.
Effete ; recommended for repeal.
Consolidated.
Schedule B.
{ {
{ {
Consolidated.
Consolidated, except s. 6, which is recommended for
repeal.
consolidated.
( {
Consolidated, except s.
repeal.
2,
which is recommended for
Not public general.
49 WICT.—1886.
;
i4
Supplies
Interpretation Act amended. ..................
Electoral Franchise and Elections Acts
amended..........................................
Respecting Revised Statutes....................
Commissions to public officers
Salaries of judges. .................................
Letters patents for Indian lands
Claims of Manitoba
Canadian Pacific Railway. .....................
Subsidies to railways
Land subsidies to railways
Railway land subsidy Act amended
Intercolonial Railway extension. ............
Cape Breton Railway
Esquimalt and Nanaimo Railway
Carleton, City of St. John, Branch Rail-
Temporary.
Ss. 1 and 3 consolidated; s. 2 is recommended for repeal
Consolidated except ss. 4, 13, 18 and 19 which are recom-
mended for repeal.
In compliance with s. 13, this Act is printed with the
Revised Statutes.
Consolidated.
S. l consolidated; s. 2 is recommended for repeal.
Consolidated. -
{
I0
l]
12
13
l:4
15
16
17
18
19
20
21
22
road..................... ...........................
Metapediac and Paspebiac Railway
Chignecto Marine Transport Railway
Harbor of Quebec
Cape Race Lighthouse
Post Office Act amended
Department of Printing and Stationery ...
• * * * * * * * * * * * * * * * *
e e - tº e º ſº tº 4 e º e º tº
e e s - w is e º e º 'º e º 'º e º 'º º e º 'º e º & tº t e º e º e a
• * * * * * s e s tº e e º ºs e º 'º - ºn e º e s e e º e º sº e
*...* * * * * * * * * * * * * * * * * * * *
• * * * * e º e º 'º - e & e e º 'º - © tº s e º e - e - © e.
• a e º ſº tº * * * * * *
s & e º 'º e º 'º e
e - - - - 4
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e
• e s e º e º e < * * s s is sº e º 'º s e s e s - e. e. e.
* * * * * * * * * * * * * * * * * * * * * * * *
S. 7 consolidated; remainder, Schedule B.
Schedule B.
{ {
( &
& (
{ {
{ {
( {
Consolidated.
Consolidated, except s. 17, which is recommended for
repeal.



243 |
History and disposal of Acts.
117
ACTS OF THE DOMINION OF CANADA—Concluded.
Subject Matter.
Remarks.
Experimental Farm Stations
Representation, N.W.T
• * * * * * * * * * * * * * * g e º e º sº e º 'º - e.
North-West Territories..........................
Territories Real Property Act.................
Dominion Lands....................................
Lands, British Columbia
Militia land grant...................................
Dunnville dam and bridge
Union Suspension bridge
}|Burlington Bay Canal..... .....................
Relief of town of Cobourg.......................
Steamboat Inspection
º e º e º 'º - a e e s e a s is a ſº e s is e º 'º º
• * * * * * * * * * * * * * * * * * * tº g º e º e º e º 'º
Works on navigable waters....................
Protection of navigable waters
Duties of Customs.
e º e e º se e º 'º e º e º e o 'º a tº e s is e e s tº e º 'º e e s a
• s s s e s e s a • * * * * * * * * * * * * * * * * * * * * * * *
Bounty on pig iron
Inland Revenue .................. ..................
|Weights and Measures............................
Adulteration of food, &c........................
Sale of substitutes for butter prohibited ...
Contagious diseases of animals...............
Interest, British Columbia.......................
Insurance
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * g e s e
Crown cases reserved. ...........................
Fines and forfeitures..............................
|Summary proceedings before justices.......
)|Evidence ..............................................
Offences against the person
Seduction and like offences
Dangerous openings ..............................
Halifax Juvenile Reformatory
* - e º 'º e º e º º 0 & e s s is a e º 'º a
a c e º 'º º q e º e º e º is e º 'º e º º 4
• e s ∈ e º a s e s e º e s tº e º e i s s e º e < e < * * * * * * * * * * * * * * * * * s e a e s ∈ s a e o e º 'º
& Q Q & © tº tº e º 'º e º ſº tº tº tº a tº gº e º 'º
7
Insolvent companies........ * > * * * * * * f s • * * * * * * * * * * *
Consolidated.
Consolidated, except s. 68, and s. 69 from “Terri-
tories” in line 4 to the end of the section, which are
recommended for repeal. -
Consolidated, except ss. 32 and 35, which are recom-
mended for repeal.
Conºd except s. 140, which is recommended for
I'ê De 8.1.
Consolidated, except ss. 1 and 23, which are recom-
mended for repeal.
Consolidated.
Schedule B.
{ {
{ { .
{ {
Consolidated, except ss. 4, 12 and 20, which are recom-
mended for repeal. -
Consolidated, except s. 9 and the schedule, which are re-
commended for repeal.
Consolidated, except s. 8 and the schedule, which are
recommended for repeal.
Consolidated, except ss. 6 and 7, which are recommend-
ed for repeal.
Schedule B.
Consolidated, except s. 1, which is recommended for
repeal.
Consolidated.
{ {
{ {
Consolidated, except s. 3, which is recommended for
repeal.
Consolidated, except s. 50, which is recommended for
repeal.
Consolidated.
( &
( (
( {
{ %
{ %
& C
{ {
Not public general.
S. 1 is consolidated; remainder recommended for repeat.
---

APPENDIX No. 2.
TABLE
F ACTS AND PARTS OF ACTS CONSOLIDATED, SHOWING WHERE EACH SECTION
f ÖR PART OF A SEöttöN is bonsolidATÉd. -
—a
CONSOLIDATED STATUTES OF CANADA, 1859.
FORMER LEGISLATION. CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED.
Gap. Sec. Cap. Sec. Page. Cap. Seč. Cap. Sec. Page.
2 l 6 3 (3) 54 46 46 (3) 103 42 (3) 1373
5 6 || 3 (3) 54 do (4) 103 || 3 1359
6 6 3 (3 54 57 l 123 25 1654
7 6 3 § 54 2 123 |Schedule B. 1656
10, sub-s. 1. 6 || 3 (3) 54 | 3 123 11 1651
16 40, sub-s. 2. 164 55 (1) 1912 58 3 127 l 1693
24 1 part. 55 3 873 6 127 10 1694
do part. - 55 4 873 - 8 127 2 1693
do part. 55 5 874 9 part. 127 10 1694
2 part. 55 l 873 do part. 127 11 1695
3 part. 55 2 873 61 6 128 l 1699
4 , 55 4 873 * 10 128 2 1699
5 55 6 874 11 128 3 1699
6 55 7 874 12 - 128 4 1699
7 55 8 874 13 128 5 | 1699
8 55 9 874 24 128 7 1700
First Sched. 55 |Schedule. 875 25 part. 128 7 1700
Second Sched. 55 |Schedule. 875 do part. 128 S 1700
46 - 103 4 1359 26 128 9 ſ 1700
2 103 5 1359 27 128 10 1700
3 - - - - 103. 6 - 1360 || 67 8 132 3 . 1749
4 103 10 1360 9 132 4. 1749
7 103 11 1361 14 132 5 1749
8 103 12 1361 15 132 6 1749
9 103 13 1361 17 132 7 1750
10 103 14 1361 18 132 8 1750
15 103 10 1360 19. 132 9. 1750
16 103 16 1362 68 67 168 54 1975
21 103 23 1363 71 8 164 70 1918
22 103 24 1363 77 107 part. 168 56 1976
23 103 25 1363 do part. 168 57 1976
25. 103 28 1364 80 7 part. 165 36 1938
26 103 29 • 1364 82 15 152 1 185%
27 103 30 1369 16 152 2 1857
28 . 103 31 1369 || | | l'I 152 3 1857.
29 part. 103 34 1371 18 152 4 1858
34 103 || 22 1363 19 152 5 1858
36 103 35 1371 20 152 6 1858.
37 103 36 1371 21 152 7 1858;
38 103 37 1372 95 l 159 2 1879,
39 103 38 1872 2 - 159 3 1879,
41 103 39 1372 3 159 4. 1879,
42 103 40 1372 4 159 5 1880,
43 part. 103 || 41 1372 || - 6 159 6 1880.
44 103 43 1373 - 7 - 159 l 1879
45 103 44 1374 9 159 7 1880
46 (1) 103 42 (l 1373 99 || 120 179 10 2181
do (2) 103 42 § 1373 121 l'79 ll 2181

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-º-
8373
Table of Acts and Parts of Acts Consolidated.
3
• STATUTES OF THE LATE PROVINCE OF CANADA.
23 VICTORIA, 1860. 28 VICTORIA, 1865 (FIRST SESSION).
FORMER LEGISLATION. CONSOLID A TED, Fonsen LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page.|| Cap. Sec. Cap Sec. Page
1 || 1 (1) 6 || 3 (3) 54 9 | 1 6 || 3 (3) | 54.
do (2) 6 || 3 (3) 54 2 6 3 (3) 54
do (3) 6 || 3 (3) 54 || 10. 1 6 3 (3) 54
5 part 6 3 (3) 54 -
| 2 || 33 173 || 14 1995
22 i ; Schedule. 876 *
34 127 | 10 1694 -
36 l 159 8 1880 29 VICTORIA, 1865 (SECOND SESSION).
25 WICTORIA, 1862.
Ö ORIA, 28 20 part. 164 91 1923
55 l part. 6 3 (3) 54.
50 | 1 Ö 3 (3) 54
26 VICTORIA, 1863 (FIRST SESSION). 29-30 VICTORIA, 1866.
H. - *e 3 R
7 || 1 part. 6 || 3 (3) *|| 46 | 1 174 171 2043
- - 2 174 172 2044
- 51 52 174 || 13 (l 2004:
27-28 VICTORIA, 1864. 51 § # 13 § 2004
55 174 || 13 (3 2004
- 187 164 55 1912
28 31 part. 173 || 29 I998 188 part. 164 56 1913
43 2 173 || 31 1999 do part. 168 55 1975
54 || 1 6 || 3 (3) 54 do part. 174 117 2031
REVISED STATUTES OF NOVA SCOTIA (3RD SERIES).
23 3 70 8 999 || 162 9 157 8 (1) (g) 1873
5 70 9 999 || 171 75 174 277 200S
123 17 174 276 2068 99 part. 174 || 2 2001
135 | 44 part. 174 217 2054 do part. 174 || 259 2004.
l61 3 161 1 1885 100 174 260 2065,
162 5 147 1] IS39 10] 174 261 2065 •
| 6 147 10 1839 102 l'74 || 262 2065.
7 147 | 1.4 1840 103 • 174 203 2066
8 148 8 1842 Schedule. 174 |Third Sched. 2096
REVISED STATUTES OF NOVA SCOTIA (2ND SERIES) NOT REPEALED BY
R. S. N. S. (3RD S.)
82 2 part. 127 | 12 1695 || 82 2 part. 127 | ] { 1696
STATUTES OF Nov A Scotia
SUBSEQUENT TO THE REVISED STATUTES
(3RD SERIES).
28 VICTORIA, 1865.
29 VICTORIA, 1866.
10
5
123
1650 12
15 part.
180

2439
4 - Table of Acts and Parts of Acts Consolidated.
REVISED STATUTES OF NEW BRUNSWICK, VOL. I.
tº--
FORMER LEGISLATION. CONSOLIDATED . FORMI.R L E (; ISLATION. C () NSOLIDATED.
Cap. Sec. Gap. Sec. Page. Cap. Sec. Cap. Sec. Pag
l'ſ 3 part. 128 l I699 157 2 179 2 2179
4 part. 128 2 1699 3 179 || 3 2179
do part. I28 || 3 I699 | 4 l'79 || 4 2179
do part. 128 4 1699 | 5 179 5 2.179
l, 16 4 123 4 1650 6 179 G 2180
J40 2 180 5 2.188 l59 22 part. 174 2 2001
146 2 16] } . 1885 do part. 174 259 2064.
3 161 3 1885 | 23 part. 174 260 2065
T47 6 147 11 1839 do part. 174 || 261 2065
7 147 12 1839 do part. 174 262 2066
S 147 3 1840 | 24 174 264 2066
9 147 14 1840 Form U. 174 |Third Sched 2096
1() 148 8 1842 160 l 174 267 2066
157 J. 179 l 2179
STATUTES OF NEW BRUNSWICK SUBSEQUENT TO THE REVISED STATUTES.
19 VICTORIA, 1856. -
-- - - - - - - - 22 VICTORIA, 1859–Continued.
4l 2 part. 174 217 2054 _
- -- 21 2 part. 12" | 20 1696
22 VICTORIA, 1859. 3 127 2] 1696
-- - - - ----- - -- 4 I27 22 169'ſ
6 127 || 23 169'ſ
21 2 part. 127 | 19 1696 22 || 4 123 || 10 1651
|
REVISED STATUTES OF BRITISH COLUMBIA, 1871.
(39 2 164 98 (1) 1925 || 143 83 164 97 (2) 1924.
* 3 164 98 (2) 1925 85 164 97 (3) 1924.
4. 164 |. 98 (1) 1925 || 157 99 part. 164 56 1913
70 2 part. 144 2 1829 do part. 168 55 1975
89 14 - 161 3 1885 100 part. 164 || 56 1913
143 81 - 164 97 (1) I924. do part. 168 . 55 1975
82 part. 164 97 (1) 1924 || 162 || 9 164 || 70 1918
REVISED STATUTES OF PRINCE EDWARD ISLAND.
16 VICTORIA, 1853. - 24 VICTORIA, 1861—Continued.
12 13 174 217 2054 || 31 || 3 163 || 8 1898
17 VICTORIA, 1854. 27 VICTORIA, 1864.
3 1 part. 183 || 75 2241 6 l 123 9 1651
do part. 183 || 76 2241 2 123 4 L650
do part. 183 || 77 2242
- 31 VICTORIA, 1868.
24 VICTORIA, 1861.
8 || 2 127 | 29 1698
31 l 163 || 6 1898 3 127 || 30 1698
2 163 7 1898 4 127 || 30 1698

2440
Table of Acts and Parts of Acts Consolidated. 5
ACTS OF THE DOMINION OF CANADA.
31 VICTORIA, 1867-68. - 31 VICTORIA, 1867-68–Continued.
FORMER LEGISLATION. CONSOLIDATED. | FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap Sec. Page.]| Cap. Sec. Cap. Sec. Page.
l l l 3 2 3 4 1]. 28 18(;
- 2 l 4. 2 5 11 29 186
3 l 2 l 6 11 30 18ſ.
4. * I 5 2 7 11 || 31 } 86
6 (1) 1 || 7 (1) 2 | 8 II 32 187
do § 1 || 7 (3) 3 9 J.I. 33 187
do (3) l 7 (4) 3 Sched. Form A. 11 |Form C. 187
do (4) 1 || 7 (5) 3 7 || 8 32 171 343
7 (1) 1 || 7 (6) 3 || 12 || 8 36 || 31 563
do (2) l 7 (7) 3 do 37 26 572
do (3) l 7 (8 3 , 9 36 || 33 5(34
do (4) | | 7 § 3 do 37 22 57
do (5 l 7 (10) 3 10 part 36 7 55ſ;
do (6) 1 7 (11) 3 do part 37 l 565
do do part. l 7 (12) 3 do part 39 2 59;
do do part. 1. 7 § 4 do part 40 J. (303
do (7) part. 1 7 (17) 4 1]. 36 7 556
do do part. l 7 (18) 4 12 36 32 563
do (8) 1 || 7 (19) 4 do 37 || 21 57].
do (9) l 7 (20) 4 14 36 7 556
do (10) 1 7 (21) 4 15 part 36 9 557
do § l 7 (22) 4 do part 36 10 557
do (12) 1 || 7 (23) 4 do part, 37 7 567
do (13) 1 || 7 (24) 4 do part. 37 || 8 567
do (14) 1 || 7 (25) 4 l 36 11 557
do (15) 1 || 7 (26) 4 do 37 9 567
do (17) l 7 (30) 5 18 36 12 558
do (18) 1 || 7 (31) 5 do .37 10 567
do (19) 1 || 7 (32) 5 19 36 || 37 564.
do (20) 173 25 (1) 1998 do 37 28 57?
do § 173 25 (2) 1998 20 .36 3 .55S
do (22) 180 l 2.187 | do 37 11 - 56?
do (23) 180 4 218.7 21 - 36 14 558
do (24) l 7 (33) 5 do 37 12 568
do (25) part. l T (34) 5 22 39 3 (a) 594.
do do part. 1 || 7 (35) 5 23 39 || 9 59'ſ
do do part. l 7 (36) 5 24 part 39 3 (b)] -594.
do do part. I 7 (37) -6 || do pºrt .39 3 {} f;94
do § | 1 || 7 (38) 6 25 39 || 3 (c) . 594.
do (27) 1 7 (39) 6 : 26 39 18 60}.
do (29) 1 || 7 (41) 6 27 39 10 598
do (30) 1 7 (43) 6 28 39 10 598
do (31) 1 7 (44) 7 29 39 || 3 (d) 594.
do (32) l 7 (45) 7 30 39 4 595
do (33) l 7 (46) 7 31 part 40 2 603.
do (34) l 7 (47) 7 do part 40 5 604.
do (36) 1 || 7 (52) 8 32 40 3 604.
do (37) I 7 (53) 8 33 40 4 604.
do (38) part. l 7 (54) 8 34 part 39 10 (2) 598
do do part. l 7 (55) 8 do part 40 6 604.
do (39) 1 7 (56) 8 do part. 40 9 605
do (40) 1. 7 (57) 9 do part 40 12 606
do (41) 1 9 9 35 40 10 606
8 1 || 7 (42) 6 36 40 | T 605.
9 2 8 12 37 40 8 | 605
12 2 12 13 38 40 13 606;
13 2 13 13 39 - 40 || 15 607
14 2 14 14 40 | 40 16 608
16 l I l 41 - 40 17 608
3 2 11 26 I85 { .49 40 14 607
3 ll 27 185 43 40 18 608

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Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.

31 VICTORIA, 1867-68–Continued. 31 VICTORIA, 1867-68–Concluded.
FORMER LEGISLATION. CONSOLIDATED. FORMER. LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. - Sec, Page.
61 4 94 4 1252 72 6 145 6 1832
7 94 7 1253 7 part. 174 || 133 2035
8 94 8 1253 do part. 174 138 2036
9 94 9 1253 8 174 17 2006
10 94 10 1253 9 145 T 1832
11 94. 11 1253 73 2 184 2 2243
12 94 12 1254 3 184 6 2244
13 94 13 1254 5 184 4. 2244.
14 94 14 1254 6 I84. 5 2244
15 94 15 1254 7 184 7 2244.
16 94 16 1254 74 I 174 97 2026
17 94 17. 1254 2 174 98 2026
] 8 94 18 | 1254 3 174 99 2026
19 94. 19 1254 76 1. 140 2 1809
20 94 20 1255 2 140 3 1809
*34 l 76 l 1105 3 140 4. 1810
2 76 1. 1105 4 140 5 1810
3 part. 76 2 I 105 5 part. 140 6 1810
do part. 76 || 3 1105 6 part. 140 || 1 1809
4 part. 76 4 (1) 1105 do part. 140 7 1810
do part. 76 4 § 1106 7 140 8 1810
do part 76 || 4 (7) | 107 || 78 || 1 6 || 3 (3) 54.
76 5 1107 2 6 || 3 (3) 54
6 76 8 1108
7 76 6 1107
8 76 9 1108
9 part 76 || 10 1108
ºper #| || #; 32-33 VICTORIA, 1869.
11 76 13 1109
I2 76 16 1109 —ada
I3 '76 14 1109
14 76 15 1109 1 3 part. 29 3 267
439 l 146 9 I835 | 2 l 46 2 703
2 146 | 1 1833 || 4 || 1 28 2 26].
3 146 2 1833 | 2 28 3. 26].
4 181 5 2189 3 part. | 28 8 262
5 146 3 1833 4 part. 28 '9 262
{} 146 5 1834 do part. 28 || 10 263
7 174 106 2028 7 4 139 7 1806
8 174 | 186 2046 8 l 138 3 1801.
9 part. 145 || 1 1831 4. 138 16 1803
do part. 145 3 1831 7 138 12 180].
do part 145 || 5 1832 8 138 16 1803
70 1 part. 147 I 1837 10 l 65 3 949
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2 147 l 1837 3 65 9 952
3 147 I 1837 4 65 11 953
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6 147 2 (1) 1837 6 65 12 953
7 l:47 2 (1) 1837 7 65 13 953
8 147 2 (2) 1837 8 65 14 953
71 3. 173 25 1998 9 65 I5 954.
5 146 4 1834 10 65 10 954.
72 l 145 l 1831 11 65 17 955
2 145 2 1831 12 65 18 956
3 145 3 1831 13 65 19 956
4 145 4 1831 14 65 20 956
5 part. 145 5 1832 15 65 21 957
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10 Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Contºmºted,
32-33 WICTORIA, 1869–Continued. 32-33 WICTORIA, 1869–Continued.
FORMER LEGISLATION, CONSOLIDATED. | FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec.
19 - 18 I65 21 1933 || 20 | 18 162 I
19 | 165 22 1934 19 pa. t. 162 | 1.4
20 165 || 23 1934. do part. 174 | 189
2]. 165 24 1935 20 162 15
22 165 25 1935 2] 162 16
23 165 26 1936 22 162 || 17
24 165 27 1936 23 162 | 18
25 165 28 1936 24 174 190
26 165 29 1936 25 162 19
27 165 30 1937 26 162 20
28 165 31 1937 27 l62 | 21
29 165 || 32 1937 28 162 22
32 * 165 33 1937 29 | 162 23
33 l65 || 34 1937 30 162 24
34 l65 35 1938 31 162 25
35 165 36 1938 | 32 162 26
36 174 208 2052 33 l62 27
37 165 38 1939 34 162 28
3 165 39 1939 - 35 162 || 33
39 I65 40 1939 + 36 156 l
40 - 165 4l 1940 37 156 2
- 41. 165 || 42 1940 38 81 37
42 165 43 1940 39 162 || 34
43 165 || 44 1941 40 part. 173 || 10
44 165 45 1941 do part. 181 3
45 part. 165 3 1927 41 part. 173 11
do part. 165 46 1941 do part. 181 3
46 165 47 1941 42 173 9
47 part. 165 || 48 1942 43 part, 162 36
do part. 165 49 1942 do part. 178 || 73 (1)
48 174 18 2006 44 178 || 74
49 174 131 2035 45 178 75
50 174 132 2035 46 part. 178 73 (2)
51 174 114 2030 do part. 178 | 73 (3)
52 165 2 1927 47 part. 162 35
53 l'74 55 2014 do part. 162 36
54 part. - 174 214 2053 iſ 48 174 5
do part. 174 218 2054 52 162 40
56 165 50 1943. 53 162 41
57 part. 145 5 1832 54 162 42
do part. 145 || 7 1832 55 162 43
58 181 || 31 2.194 56 162 || 44
20 l 162 2 - 1887 57 162 45
2 18] 6 2189 58 part. l61 4
3 162 3 1887 do part. 174 | 16
4. I62 4. l887 59 162 47
5 162 5 l887 60 162 48
6 174 109 2029 61 part. 162 49
7 I62 6 1887 do part. 174 188
8 part. 145 l 183] 62 174 227
do part. 145 4. 1831 63 157 l
do part. 145 6 1832 64 157 2
do part, 162 7 1888 65 " . 174 226
9 174 9 2003 69 162 46 (1)
I 1 162 9 1888 7 162 46 (2)
I 2 162 1() 1888 71 174 19
13 162 11 1888 72 - 148 5
14 162 12 1888 73 148 6
15 173 7 - 1992 75 148 7
16 Sl 36 1203 '76 148 9
17 l62 13 1888 77 181 31

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09+&
Table of Acts and Parts of Acts Consolidated. 15
A CTS OF THE DOMINION OF CANADA—Continued.
32-33 WICTORIA, 1869–Continued. 32–33 WICTORIA, 1869–Continued.
J'ORMER LEGISLATION . CONSOLIDATED . FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
30 54 174 83 2022 31 12 part. 178 51 2133
55 174 | 84 2022 13 part. 178 51 2133
56 174 73 2019 do part. 178 71 2138
57 174 85 2023 14 178 27 2128
58 174 74 2020 15 part. 145 8 1832
59 174 7 2002 do part. 178 12 2125
60 174 92 2024 16 178 29 2129
61 174 93 2025 17 178 30 2129
62 174 94 2025 18 178 3]. 2130
63 174 95 2025 19 178 32 2130
64 174 96 2026 20 178 23 2128
65 174 2 2001 21 part 178 28 (2) 2129
66 174 278 2069 do part 178 28 (3) 2129
|Schedule A. 174 ||First Sch., 22 part 178 28 (4) 2129
Form A. | 2069 do part 178 || 51 2133
do |B. 174 |do Form B. 2070 23 178 71 2138
do C. 174 |do Form C. 2070 24 178 24 2128
do D. (1) 174 |do Form D. 2071 25 part. 178 25 2128
do D. (2) 174 |do Form D.2| 2072 do part. 178 26 2128
do E. (1) 174 |do Form K. 2075 26 178 ll 2125
do E. (2) 174 |do Form K.2| 2076 27 178 4 2124
do F. 174 |do Form E. 2072 28 178 5 2124
do G. 174 |do Form F. 2073 29 I'78 33 2130
do H. 174 |do Form G. 2073 30 178 34 2130
do I. 174 |do Form H. 2074 3]. 178 35 2130
do K. 174 |do Form I. 2075 32 178 || 39 213]
do L. § 174 |do Form L. 2077 33 178 40 213]
do L. (2 174 |do Form L.2| 2077 34 part 178 41 213]
do L. (3) 174 |do Form L.3| 2078 do part 178 5]. 2133
do L. (4) 174 |do Form L.4| 2079 35 178 || 71 2138
do M. 174 |do Form N. 2082 36 178 42 2132
do N. 174 |do Form O. 2083 37 178 || 43 2132
do O. (1) 174 |do Form Q. 2084 38 178 44 2132
do O. (2) 174 |do Form Q.2| 2085 39 178 || 45 2132
do P. (1) 174 |do Form R. 2086 40 178 46 2132
do P. (2) 174 |do Form R.2| 2087 41 I'78 || 52 2133
do Q. (1) 174 |do Form M. 2080 42 178 53 2133
do Q. § 174 |do Form M.2| 2080 43 178 || 56 2134
do Q. (3) | 174 |do Form M.3| 2081 44 178 || 47 2.132
do Q. (4) 174 |do Form M.4| 2082 45 part. 178 || 36 2130
do R. (1) 174 |do Form U. 2090 do part. 178 37 2131
do R. (2) 174 |do Form U.2| 2091 46 part. 178 || 48 2132
do S. (1) 174 |do Form S. 2088 do part. 178 || 51 2133
do S. (2) 174 |do Form S. 2. 2089 47 178 49 2133
do S. (3) 174 |do Form S. 3| 2089 48 178 50 2133
do T. (1) 174 |do Form P. 2083 49 178 'II 2138
do T. (2) 174 |do Form T. 2090 50 178 53 2133
31 1 part. 178 3 2123 51 178 53 2133
do part. 178 13 2125 52 178 57 2134
2 178 14 2125 53 178 58 2134
3 178 15 2126 54 178 59 2134
4. 178 16 2126 55 178 60 2134
5 178 28 (1) 2128 56 part. 178 61 2135
6 part 178 || 17 2126 do part. 178 98 2146
do part 178 18 2126 57 178 || 62 2135
7 178 39 2131 58 178 63 2135
8 178 19 2126 59 178 64 2135
9 178 20 2127 60 178 65 2136
10 178 21 2127 61 178 71 2138
11 178 22 2127 62 part. 178 66 2136
12 part. 178 28 (1) 2128 do part. 178 || 67 2136

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Zgłż
Table of Acts and Parts of Acts Consolidated. 17
ACTS OF THE DOMINION OF CANADA—Continued.

32-33 WICTORIA, 1869–Continued. 32–33 WICTORIA, 1869–Concluded.
FORMER LEGISLATION. CONSOLIDATED. FORMER LIEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
33 5 part. 177 9 2117 38 11 81 14 1197
6 177 15 21.18 13 81 56 1209
7 177 4 2116 14 81 2 (c) 1193
8 177 5 2116 45 l G 3 (3) 54
9 177 G 2116 46 l 6 3 (3) 54
10 177 7 2116 74 l 3 2 15
11 177 10 2117
12 # ll 2117
13 l I2 2117
14 177 13 2117 33 WICTORIA, 1870.
15 part. 177 16 2118
do part. 177 |Form B 21.21
16 177 17 2118
17 177 18 2.118 3 3 12 l 189
18 177 I9 2118 30 47 3 708
19 177 20 21.18 32 part 48 2 709
20 177 21 2]. 18 34. 47 3 708
21 177 22 2119 10 6 31 6 298
22 177 23 2119 7 31 8 298
23 part. l'77 24 2119 || 14 , 1 part. 83 2 I213
2 177 25 2119 do part 83 4 1213
25 177 26 2119 2 83 5 1214
26 177 27 2119 3 part 83 l 1213
27 177 28 2120 do part 83 6 1214
28 177 29 2120 16 l 71 l 1001
34 2 183 50 2235 2 7] 4 1003.
3 183 51 2235 3 71 5 1001
4. 183 52 2236 do (1) 71 6 1002
5 183 53 2236 do (2) 71 6 1002
6 183 54 2236 do (3) 71 (6 1002
7 155 9 1866 do § 7] 6 I002
8 155 10 1866 do (5) 7] 6 1002
10 part. 183 49 2235 do (6) 71 6. 1002
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2 175 6 2098 71 7 1002
3 175 7 2098 5 7] 8 1002
4 175 11 2099 6 7I 9 1003
5 175 4 2098 7 71 10 1004
6 175 18 2100 8 71 11 1004
7 175 19 2100 9 71 12 1005
8 175 2 2097 10 71 13 1005
9 175 3 2098 11 71 3 1001
Schedule A. 175 |Form A. 2101 I2 7] 2 1001
do B. 175 |Form B. 2101 13 71 | 1.4 1005
do C. 175 |Form C. 2102 17 1 part. 73 2 . 1025
do D. 175 |Form D. 2103 do part. 73 4. 1026
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6 178 72 2138 4 73 7 | 1026
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5 81 8 1195 9 73 16 1031
6 81 9 1196 10 73 17 1032
7 81 10 1196 1]. 73 19 1032
8 81 11 1196 12 part. '73 || 20 1032
9 81 12 1196 do part. 73 21 1033
1() 81 13 1197 13 73 24 1033
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Table of Acts and Parts of Acts Consolidated."
21
ACTS OF THE I) () MINION OF CANADA—Continued.
35 VICTORIA, 1872—Continued. 35 VICTORIA, 1872—Concluded.
FORMER Llº GISLATION . C () N S () I., Il) ATPI). J'ORMER LE(HISLATION . CONSOLIDATED.
Cap. Sec. Cap. So C. Page. Cap. Sec. Cap. Sec. Page.
27 14 I 7 (49) 7 30 ||First Schedule. 131 |Second Sch. 1748
15 - 1. 7 (49) 7 Second do 131 ||First Sched. 1748
28 1 part. (35 4 (1) 950 3]. 2 part. I'73 12 (4) 1994.
2 part. (35 26 958 do part. 178 3 2123
do part. G5 27 (2) 659 3 178 3 2123
3 65 17 (1) 955 4. 173 12 (5) 1994
4. (35 8 95] 32 l 166 2 1945
5 part. 65 3] 960 2 166 4 1946
do part. 65 32 960 3 166 5 1947
6 (35 35 962 4 166 6 1947
7 65 33 961 5 166 3 1946
i 8 65 36 962 6 166 7 1948
: 9 65 22 957 7 166 8 1949
! 10 65 24. 958 8 166 9 1949
IT (35 37 962 Q 166 10 1950
12 65 38 962 10 166 ll 1950
3 65 39 963 1]. 166 12 1950
14 65 1() 952 12 166 13 1950
16 part. 65 2 (1) (a) 949 13 145 7 1832
do part. (35 2 (2) 949 14 166 14 1951
17 65 l 949 15 166 15 "1951
Schedule A. 65 |Schedule. 966 16 166 | 15 1951
29 l 66 2 969 17 166 16 1951
2 66 3 969 18 166 19 1952
3 part. 66 4 970 19 166 20 1952
do part. 66 |Schedule. 974 20 166 21 1953
4 (36 5 970 2] 166 22 1953
5 66 6 97] 22 166 23 1954
($ 66 7 97] 23 166 17 1952
7 (36 8 97] 24 166 18 1952
8 66 9 972 26 166 l 1945
9 66 10 f 972 33 1 part. 164 2 (e) 1900
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| 1 66 | 12 972 34 J. 168 4. 1963
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18 13] : 19 1746 do part. 77 | 15 1117
19 131 20 1747 7 77 16 1117
21 13] 21 1747 8 77 17 1117
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Table of Acts and Parts of Acts Consolidated. 25
ACTS OF THE DOMINION OF CANADA—Continued.
36 VICTORIA, 1873—Continued. 36 VICTORIA, 1873—Concluded.
FORMER LEGISLATION. CONSOI, II) A"I'Eſ). FORMER LEGISLATION. CONSOLIDATEI).
Cap. Sec. Cap. Sec Page. Cap. Sec. Cap. Sec Page.
129 || 24 74. 23 1040 || 129 || 87 74 || 87 I064
25 74 || 24 1041 88 74. 88 1064
26 74 25 1041 89 74 | 89 1064
27 74 || 26 1042 90 74 90 I064
28 74 27 1042 91 74 9] 1065
29 74 || 28 1043 92 74 92 1066
30 74 29 1043 93 74 || 93 1067
3]. 74 30 1043 94 74 94. 1067
33 74 33 1044 95 74 95 1067
34 74 || 34 1045 96 74 || 96 j,068
35 74 || 35 1045 97 74 97 1068
36 74 || 36 1045 98 74 98 1068
37 '74 37 1045 99 74 99 1069
38 74 || 38 1045 100 74 || 100 1069
39 74 || 39 1046 101 74 || 101 1069
40 74 | 40 1046 102 74 102 1069
4l 74 || 41 104.7 103 74 || 103 1070
42 74 || 42 104.7 104 74 || 104 10'70
43 74 || 43 104.7 105 74 105 10'71
44 74 || 44 1048 106 74 106 10'7].
45 74 || 45 104.8 107 74 107 10'7]
46 74 46 1048 108 74 || 108 1072
47 74 || 47 1048 109 74 || 109 1072
48 74 || 48 1048 110 74 110 1073
49 74 49 1049 111 74 111 1073
50 74 50 1049 112 74 112 1073
5]. 74 || 51 1049 113 74 || 113 1073
52 74 52 1049 114 74 | 116 1074
53 74 53 1050 115 74 117 1075
54 74 54 1050 116 part. 74 || 118 1075
55 74 55 1050 117 74 || 119 1075
56 74 || 56 1050 118 74 120 1075
57 74 57 lO51 119 74 | 121 1075
58 74 58 1051 120 74 || 122 1076
59 74 59 1051 12] 74 || 123 10'76
60 74 60 1051 122 74 124 1077
6]. 74 61 1052 123 74 | 125 1077
($2 74 62 1053 124 '74 | 126 1077
63 74 63 1053 125 74 127 1077
64 74 64 I053 126 74 | 128 1078
65 74 65 1054 127 74 | 129 1078
66 '74 66 1054 128 74 || 130 1078
G7 74 || 67 1055 Schedule. 74 Schedule. || 1080
68 74 | 68 1055
; 14 || || 1056
74 || 70 1056
7] 74 71 1057 37 VICTORIA, 1874.
72 74 || 72 1057
'73 74 | 73 1057
74 74 || 74 1058 2 3 part. 29 3 267
75 74 || 75 1058 3 l 46 2 703
76 '74 || 76 1059 4 l 4 2 17
77 74 77 1059 2 part. 138 13 1801
_ 78 74 78 1060 4 part. 138 || 6 1799
79 74 || 79 1061 5 part. 138 4 1798
80 74 80 1062 7 138 16 1803
81 74 || 81 1062 6 9 32 || 60 316
82 74 82 1062 7 3 34 26 420
83 74 83 1062 9 2 part. 8 4 90
84 74 | 84 1063 3 8 5 90
85 74 | 85 1063 4 8 6 90




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Table of Acts and Parts of Acts Consolidated. 29
ACTS OF THE DOMINION OF CANADA—Continued.
37 VICTORIA, 1874–Continued. 37 VICTORIA, 1874–Continued.
FORMER LEGISLATION. CONSOLIDATED. FORMI.R LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
45 || 49 99 || 59 1307 || 45 | 68 § 99 || 79 (1) (19)| 1320
50 99 (30 1308 do (19) 99 79 (1) (23) 1320
51 99 || 61 1308 do (20) 99 79 (1) § 1320
52 99 62 1309 do (21) 99 79 (1) (25) 1320
53 99 || 63 1310 do (22) 99 || 79 (1) (26) 1320
54 99 || 64 1310 do (23) 99 || 79 (1) (27). 1320
55 99 || 65 1311 do (24) 99 || 79 (1) (28)|| 1321
56 99 66 1311 do (25 99 79 (2) 1321
57 99 || 67 1311 do (27) 99 || 79 (1) (29)| 1321
58 99 (38 1312 69 99 80 1321
59 99 69 1312 70 99 81 1321
60 99 70 1312 71 99 82. 1321
6]. §9 || 72 1312 72 99 || 83 1321
62 99 73 1313 73 99 84 1321
65 99 75 1314 74 99 85 1322
66 99 76 1314 75 99 86 1323
do (1) 99 76 (1) 1314 76 99 87 1323
do (2) 99 76 (2) 1314 77 99 88 1323
do (4) 99 76 (4) 1316 79 99 91 1324
do (5) 99 || 76 (6) 1316 80 99 || 92 1324
do (6 99 76 (7) 1317 81 99 93 1324
do (7 99 76 (8) 1317 82 99 94. 1324
do (9) 99 || 76 (10) 1317 83 99 || 95 1324.
do (10) 99 76 (11) 1317 84 - 99 || 96 1324.
do (11) 99 76 (12) 1317 85 99 97 1325
do (12) part. 99 76 (13) 1318 86 99 98 1325
do do part. 99 77 1319 87 99 99 1325
do (13) 99 76 (14) 1318 88 99 || 100 1325
do (14) 99 76 (15) 1318 89 99 || 101 1325
do (15) 99 || 76 (16) 1318 90 part 99 || 102 1325
do (16) 99 || 76 (17) 1318 do part 99 || 103 1325
do (17) 99 || 76 (18) 1318 do part 99 || 104. 1326
do (18) 99 76 (19) 1318 91 99 || 105 1326
do (19) 99 76 (20) 1318 92 99 || 106 1326
do (20) 99 || 76 (21) 1319 | 93 99 || 107 1326
67 99 78 1319 94 99 108 1327
do (1) 99 || 78 (1) (1) 1319 95 99 || 107 1326
do (2) 99 || 78 (1) (2) 1319 98 99 || 1 1283
do (3) 99 || 78 (1) (3) | 1319 || 47 | 1 123 5 1650
do (4) 99 78 (1) (4) || 1319 49 l 125 1. 1689
do (5) 99 78 (1) (5) 1319 2 125 2 1689
do (6) 99 78 (2) 1319 3 125 3 1690
do (7) '99 78 (3) 1319 4 125 4 1690
do (8) 99 71 1312 5 125 5 1690
68 part. 99 79 1320 51 4 part 130 5 1733
do part. 99 79 (3) 1321 do part 130 6 1734
do (1) 99 || 79 (1) (1) 1320 5 130 'ſ 1734
do (2) 99 79 (1) (2) 1320 6 130 8 1734.
do (3) 99 || 79 (1) (3) | 1320 7 130 9 1734
do (4) 99 || 79 (1) (4) || 1320 8 130 10 1735
do (5) 99 || 79 (1)(5) 1320 9 130 | 11 1735
do (6) 99 79 (1) (6) 1320 10 130 12 1735
do (9) 99 || 79 (1) (9) 1320 11 130 13 1735
do (10) 99 || 79 (1) (10) || 1320 12 130 | 1.4 1736
do (11) 99 79 (1) (11) || 1320 13 130 15 1736
do (12) 99 || 79 (1) (12) | 1320 14 130 | 16 1736
do (13) 99 || 79 (1) (13) | 1320 15 130 17 1737
do (14) 99 79 (1) (14) 1320 16 130 18 1787
do (15) 99 || 79 (1) (16) 1320 17 130 19 1737
do (16) 99 || 79 (1) (17) || 1320 18 130 | 20 1737
do (17) 99 || 79 (1) (18)|| 1320 19 130 21 1737


2465
30 Table of Acts and Parts of Acts Consolidated,
ACTS OF THE DOMINION OF CANADA—Continued.
37 VICTORIA, 1874–Concluded. 38 VICTORIA, 1875–Continued.
FORMER LEGISLATION. CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED . .
| - - *
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
51 20 130 22 1738 7 25 35 29 528
21 130 23 1738 | 26 35 30 529
22 13 24 | 1738 27 35 31 529
23 130 25 1738 | 28 35 32 529
25 130 26 1738 ‘29 35 33 530
Schedule part. 130 |Form A. 1739 || 30 35 | 34 530
do part. 130 |Form B. 1739 | 31 35 | 35 53].
: 32 35 36 531
i. (l ; 3. 531
iO (2 35 38 53]
38 VICTORIA, 1875 do § 35 | 39 §
* 34 35 40 532
| 35 35 41 532
I 1 part. 2 9 12 36 35 42 532
do part. 2 J.0 13 37 35 43 533
do part. 2 ll. 13 38 35 44 533
2 l 7 (31) 5 | 39 35 45 533
3 I 7 (2) 2 | 40 35 46 534
4 1 part. 29 7 269 41 35 | 47 534
do part. 29 12 270 42 35 || 48 535
7 1 part. 35 l 519 43 (1) 35 49 (2) 535
do part. 35 | 2 519 do (2) 35 | 49 (3 536
6 35 | 3 520 do (3) 35 | 49 § 536
7 35 4. 520 do (4) 35 49 (5) 536
8 35 5 521 44 35 50 536
9 35 49 535 45 35 51 536
10 (1) 35 9 (a) 521 46 35 52 536
do (2) part. 35 9 (5) 52] 47 35 53 537
do do part. 35 49 535 48 35 54 537
do (3) 35 | 9 (c) 521 49 35 | 55 537
do (4) 35 | 9 (d) 521 50 35 | 56 53.7
do (5) 35 | 9 (e) 522 51 35 57 537
do (6) 35 9 (f) 522 52 35 | 58 538
do § 35 9 (g) 522 53 35 59 538
do (8) 35 9 (h) 522 54 35 60 538
do (9) 35 | 9 (i) 522 55 35 | 61 538
do (10) 35 9 (j) 522 56 35 | 62 539
do § 35 9 (k) 522 57 35 63 539
do (12) 35 9 (l) 523 58 35 64 539
do (13) 35 9 (m) 523 59 35 65 539
do §§ 35 9 (n) 523 60 35 66 540
do (15) 35 9 (o) 523 62 35 69 540
do (16) 35 | 9 (p) 523 63 35 | 70 541
do (17) 35 | 9 (q) 523 64 35 | 71 54].
do (18) 35 | 9 (2) 523 65 35 | 72 541
ll part. 35 | 10 523 66 35 | 73 541
12 35 11 523 67 35 74. 541
14 (1) 35 13 524 68 35 75 542
do (2) 35 14 524 69 35 76 542
15 35 6 52] 70 35 77 542
16 35 7 521 7] 35 | 78 542
17 35 | 8 521 72 (1 35 | 79 544
18 35 19 526 do (2) 35 80 544
19 35 20 526 do (3) 35 81 544
20 35 21 526 do (4) 35 S2 544
21 (1) 35 22 526 do (5) 35 83 544
do (2) 35 || 23 527 do (6 part.) 35 | S4 544.
22 35 || 25 527 do (7) 35 | 85 544
23 35 24 527 do (8 part.) 35 86 544
24 part. 35 |. 27 528 do (9 part.) 35 | 87 545
do part. 35 | 28 528 do (10) 35 | 88 545
Table of Acts and Parts of Acts Consolidated. 31 *
ACTS OF THE DOMINION OF CANADA—Continued.
38 VICTORIA, 1875–Continued. 38 VICTORIA, 1875–Continued.
FORMER I,EGISLATION. CONSOLIDATED . FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page.|| Cap. Sec. Cap. Sec Page.
7 72 (11) 35 89 545 I l 18 135 24 (b) j 765
do (12) 35 90 546 19 135 | 24 (c 1765
do (13) 35 91 546 20 135 24 (d) 1765
do (14) 35 92 546 21 135 41 1769
do.(15) 35 93 546 23 135 24 (g) | 1765
do (16) 35 94. 546 24 135 39 1768
do (18) 35 96 547 25 part. 9 5] 16]
do (19) 35 | 97 547 do part. 135 40 1769
do (20) 35 98 547 26 135 42 1769
do (21) 35 | 99 547 27 135 | 26 (2) 1766
do (22) 35 | 104 548 28 135 43 (1) 1769
do (24) 35 | 100 547 29 135 | 44 1769
do (25) 35 | 101 547 30 135 45 1769
do (26) 35 | 102 548 3] 135 | 46 1770
73 35 | 105 548 32 135 47 177()
74 35 | 106 549 33 135 48 177]
75 part 35 | 107 549 34 135 66 1774
do part 35 | 110 (4) 550 35 135 49 1771
76 35 | 108 549 36 135 50 1771
77 35 | 109 549 37 135 59 1773
78 35 | 117 55.2 38 part 135 60 1773
79 35 | 110 549 do part 135 62 1773
80 35 | 11] 550 39 135 51 177].
81 35 | 112 551 40 135 52 1772
82 35 | 113 551 4] 135 53 1772
83 35 | 114. 551 42 135 54 1772
84 35 | 115 • 55]. 43 135 55 1772
85 35 116 , 552 44 135 5ſ, 1773
86 35 | 118 553 45 135 | 57 1773
10 l 9 || 32 157 46 135 67 1774.
2 part 9 || 32 157 47 135 '71 1775
do part 9 || 33 158 48 part. 9 || 50 16].
3 9 || 43 159 do part. 9 || 51 16].
4 9 55 163 49 135 68 1774.
5 8 95 117 50 135 69 1775
7 9 66 167 51 135 32 1767
} 1 I 135 3 1761 52 135 37 1768.
2 part 135 2 | 761 53 135 38 1768
do part 135 3 1761 54 135 | 72 1775
3 part 135 4 1762 55 135 73 1776
do part 135 19 1764 56 135 73 1776
4 part 135 4. 1762 57 135 | 74 1776
do part 135 6 1762 58 135 | 75 1776
5 part 135 2 1761 59 135 76 17;
do part 135 5 1762 60 135 9 1763
6 part 29 3 267 6] 135 | 79 1777
do part 135 7 1762 62 135 78 1777
7 135 8 1762 63 135 80 1777
8 135 9 1763 64 135 81 1778
9 135 10 1763 65 135 3 1778
I0 135 4 1762 66 l35 | 105 1783
ll part. 135 2 1761 67 135 90 1779
do part. 135 | 24 (a) 1765 68 135 70 1775
do part. 135 26 1766 69 1.35 11 1763
12 135 19 1764 70 135 12 1763
14 part. 135 21 1764 '71 135 13 1763
do part. 135 22 1765 72 135 | 111 1784.
15 I35 23 1765 73 135 | 112 1784
16 135 43 (2) 1769 74 135 91 1779
17 part. 135 24 (a) 1765 75 135 | 105 1783
do part. 135 | 29 1767 '76 135 | 16 1764,
77% 2467
Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.
38 VICTORIA, 1875–Continued. 38 VICTORIA, 1875–Continued.
FORMER LEGISLATION. CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED .
Cap. Sec. Cap. Sec. Page. Cap. Sec Cap. Sec.
ll 77 135 17 1764 29 8 75 9
78 135 I8 1764 9 75 10
70 135 | 109 1783 10 '75 11
81 135 l 1761 I 1 75 ] 2
l3 l 117 l 1559 12 75 13
2 117 2 1559 13 75 14
14 l 61 23 913 14 75 15
2 61 || 37 (2) 917 15 75 | 16
3 61 54 921 16 75 17
4 part. 61 59 923 17 75 18
6 61 57 922 18 75 19
8 61 34 916 19 75 20
15 l 65 2 (1) (b) 949 20 75 21
2 65 5 951 21 75 22
3 65 ($ 951 22 75 23
4 65 7 951 23 75 24
17 l 120 45 1613 24 75 25
18 l I27 l 1693 25 75 26
2 127 18 1696 26 75 27
3 127 18 1696 27 75 28
19 l 123 6 (1) 1650 28 75 29
2 123 6 (2) 1650 29 75 36
20 16 part. 129 116 1729 30 75 39
do part. 129 || 117 1729 31 part. 75 | 40
17 part. 129 118 1729 32 75 || 41
26 l l33 2 1753 33 75 42
2 133 l 1753 34 75 43
3 133 3 1753 Schedule A. 75 |Schedule.
4 133 || 4 1753 || 30 || || 1 part 86 || || 1
5 133 || 5 1754 do part 86 || 12
6 133 6 1754 2 86 13
7 133 7 1754 3 86 10
8 133 8 1754 4 86 17
9 133 9 1754 || 31 l 76 || 4 (3)
I () 133 I0 1755 2 76 l
11 133 11 1755 33 l 95 8 (1)
12 part. 133 13 1755 34 2 103 7 1360
do part. 133 14 1756 do (1) I03 8 1360
do part. 133 15 1756 do (2) 103 9 1360
13 133 16 1756 3 103 I5 1361
14 133 12 1755 5 103 18 1362
15 133 17 1756 6 103 17 1362
H 133 18 1757 7 103 19 1362
17 133 19 1757 8 103 || 26 1364
27 1 part. 83 3 1213 9 103 27 1364
do part. 83 4 1213 ll 103 21 1363
2 part. 83 5 1214 13 103 2 I359
do part. 83 6 1214 14 part. 103 I 1359
4 83 l 1213 36 1 l()4 55 1388
28 l 80 59 1177 2 104 53 1388
2 80 75 1183 3 104 56 1388
3 part. 80 14 1165 4 104 54 1388
4 80 2 (m) T 162 37 2 part. 101 23 1334.
29 || 1 75 || 1 1089 do part. 101 || 27 1336
2 part. 75 2 1089 do part. 101 || 28 1336
do part. 75 3 1089 do part. 101 30 1337
3 75 4 1089 do part. 101 39 1339
4. 75 5 109() do part. 101 50 1341
5 75 6 1090 Schedule A. 101 |Schedule. 1342
6 75 7 1091 40 1 (1) part. 164 87 1922


7 75 8 1091 do do part. 174 22 2057
Table of Acts and Parts of Acts Consolidated. 33
ACTS OF THE DOMINION OF CANADA—Continued.
38 VICTORIA, 1875–Continued. 38 VICTORIA, 1875–Concluded.
ORMER LEGISLATION. CONSOLIDATED . FORMER LEGISLATION. CONSOL II). ATICD,
ap. Sec. Cap. Sec. Page. Cap. Sec. Cap. , Sec. Page.
40 || 1 (2) 174 54 2014 || 49 || 74 (7) 53 42 814.
41 l 158 2 1875 do (8) 53 43 815.
2 158 3 1875 52 l 48 2 709
3 158 4 1876 || 53 l 48 3 710
4. 158 7 1876 2 48 4. 710
5 158 8 1877 3 48 7 711.
6 158 9 1877 4 48 8 7] I
7 158 10 \ 1877 5 48 9 7 12:
42 l 172 l 1987 6 48 10 712.
2 part 172 8 (1) 1988 8 48 (3 7]]
do part 172 8 (2) 1989 9 48 12 '712.
3 172 9 1989 10 48 13 712.
4 172 10 1989 11 48 14 713.
5 part 172 8 (3) 1989 12 48 || 15 713
do part 172 11 1989 13 48 16 713
6 172 12 (1) 1989 14 48 l 709.
7 172 12 (2) 1989 l6 48 17 713.
8 172 12 (2) 1989 54 l 175 3 2098:
9 part 172 14 1990 55 2 part. 80 2 (m) 1162
10 172 13 1990 | do part. 80 4. 1162.
11 178 3 2123 4 80 87 1186.
43 l 181 29 (1) 2194 5 part. 80 88 1186.
45 l 174 || 259 2064 do part. 80 89 lº
2 175 5 2098 | 7 part. 80 93 1187
3 175 8 2099 | l 80 21 1169,
46 l 183 42 2233 || 15 80 89 1186,
2 183 43 2234 88 l 62 3 9:25
3 183 44 2234 2 (32 27 931
47 l 176 7 2107 3 62 20 929
2 176 || 7 2107 4 (1) 62 || 4 925.
3 176 22 2111 do (2) 62 5 (1) 926.
4 176 23 2111 do (3) 62 5 (2) 926.
5 176 24 21 ll 5 62 17 928.
6 part 175 9 2099 | 6 62 18 929.
do part 176 | 15 2110 7 62 | 9 92'ſ
do part 177 9 2117 8 62 10 92'I'
7 part 175 10 2099 9 (32 12 92'ſ
do part 176 14 2109 10 (1) 62 13 (1) 92'ſ
49 || 38 53 | 8 806 do (2 62 | 13 (2) 928.
39 53 9 806 do § 62 7 926.
40 53 10 806 do (4) 62 24 930.
4l 53 11 806 11 62 30 931:
42 53 12 806 12 62 3 932.
43 53 13 806 13 62 32 . 932
44 53 14 S06 14 62 23 930
45 53 15 807 15 62 6 926
46 53 16 807 16 62 16 9.28
47 53 17 807 17 62 33 933.
49 53 18 807 18 62 15 928.
50 53 19 807 19 62 19 929.
5l 53 20 807 20 62 25 930.
52 53 21 808 21 62 26 931
53 53 22 808 22 62 21 929.
74 part. 53 35 S 12 23 part. 62 14 928.
do part. 53 37 S13 do part. 62 29 93}
do (1) 53 || 38 814 24 62 28 93}
do (2 53 39 814 25 62 S 927
do (3) 53 | 40 814 26 62 | 11 92'ſ
do (4) 53 || 41 814 27 62 | 34 933
do (5) part. 53 2 (d) 803 28 62 22 930
do do part. 53 || 2 (e) 803 31 62 | 1 925
do (6) 53 42 814
774% 2469
34 - Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CAN ABA–Contº, wed.
39 VICTORIA, 1876, 39 VICTORIA, 1876—Continued,
FORMER LEGISLATION. CONSOLIDATED, FORMER I,F}(; ISI, ATION. CONSOLIDATEL).
Cap. Sec, Cap, Sec. Page.]| Cap. Sec. Cap. Sec.
4 J. 31 8 298 21 4. 53 5
7 l 11 22 184 5 53 6
2 Il 22 l84 (5 53 || 7 (1)
4 part. ll 23 185 7 part. 53
do part. 11 || Form A. 187 do part. 53 23
S | 1 | 11 28 186 do part. 53 || 46
{} l | 9 69 168 11 part. 53 || 47
2 | 9 || 70 168 13 part. 53 || 2 (a)
3 i 9 || 7 | 168 do part. 53 2 (c)
4. | 9 || 72 168 Sched. part. 176 2 (a 3)
5 i 9 73 169 do part. 176 ($
(§ | 9 || 74 169 do part. 177 2
7 | 9 || 75 169. do part. 177 || 30
8 | 9 || 76 169 || 26 1 135 96
$) 9 || 77 169 2 parſ. 135 | 97
} {} | 9 || 78 169 3 135 | 98
ll. 9 '79 169 4 135 99
J 2 | 9 || 80 170 j 135 | 100
J3 i 9 || 8 | 170 {} 135 | 10]
1 |. | 9 || 82 170 7 135 | 102
15 9 3 170 8 135 | 103
| {} 9 | 84 170 Q 135 | 104
17 9 85 1 TO 11) 135 92
18 9 86 171 ll 135 | 106
19 10 l 4 177 12 135 93
Lſ) l 9 44 159 3 135 94
2 9 48 160 14 165 36
§ I0 l 173 15 135 95
4. 10 2 174 16 9 54
5 10 3 174 17 135 §
6 10 4 174 18 135 75
7 10 5 175 I9 185 79
8 10 6 175 20 135 82 .
9 10 || 7 175 21 135 | 84 :
10 part. 10 8 175. 22 135 3 l
11 10 9 176 23 135 85 | ]
12 I0 10 176 24 - 135 86 I
13 10 11 177 25 135 87 |
14 10 12 177 26 135 88 l
15 10 13 177 27 135 89 j
| 1 l 6 3 (3) 54 28 135 35 I
*3 l 60 2 903 29 135 33 I
2 60 5 903 30 135 34 I
3 60 3 903 31 part. I35 | 3L I
4 part 60 4 903 do part. 135 32 I
do part. 60 6 904 do part. 135 | 68 I
do § 60 7 904 - 32 r I35 109 ]
do (2) 60 7 904 3 I3 110 l
5 60 8 904 34 135 86 I
6 60 9 904 35 135 | 10'ſ I
7 60 10 904 36 135 | 108 I
8 60 } | 905 37 l35 | 109 J
9 60 l 903 38 135 14 I
20 I 49 ] 715 27 2 136 3 I
2 49 . 2 715 3 136 4 }
3 49 3 715 4 136 5 ]
4 49 4. 716 5 136 6 ]
5 49 5 716 6 136 7 l
6 49 6 716 7 136 8 }
21 l 53 3 804 8 136 9 J
3 53 4. 804 Q 136 10 l

2470
Table of Acts and Parts of Acts Consolidated.
3
5
A CTS OF THE DOMINION OF CANADA—Continued.
39 VICTORIA, 1876—Concluded. 40 VICTORIA, 1877–Continued.
MER LEGISLATION. CONSOI, II) A TEI). | ForMER LEGISLATION, CONSOLID A TED .
|
Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
10 136 || 1 || 1786 8 |Schedule. 55 |Schedule. 877
11 136 12 1786 9 l 23 l 24.7
12 136 13 1787 2 23 3 247
13 136 20 1788 3 23 4. 247
14 136 18 1788 4 23 j 248
15 136 19 1788 5 23 2 247
16 136 17 1787 S 23 6 248.
17 part. 136 14 1787 9 23 7 248
do part. 136 15 1787 10 23 8 248
18 136 16 1787 1J. 22 5 245
19 136 2] 1788 16 1. 103 4. 1359
21 136 2 1785 j 103 20 1362
22 136 l I 785 17 l 84 l 1215
Schedule. 136 |Schedule. 1789 2 84 2 1215
1 part. 138 || 14 1803 3 84 || 3 1215.
do part. 138 16 1803 4 84 6 1216
l part. 138 11 1800 5 84 4. 1216
do part. 138 || 13 1801, 6 84 5 1216
do part. l38 16 1803 7 84 7 1216 .
3 99 76 (4) 1316 8 84 || 8 121'ſ
5 99 || 89 1324 19 1 part. 78 || 65 1146
1 part. 130 l 1733 20 l 280 | 8() 1184
do part. 130 2 1733 2 part. 80 | 83 `- || 1185
d part. 130 3 1733 do part. 80 | 84 1185
do part. 130 4. 1733 3 80 59 1177
2 130 7 1734 4. 80 53 1176
3 130 | 1 l'733 || 21 l 137 || 13 1793
l 174 210 2052 2 (l) part. 137 3 179].
2 174 21] 2052 do do part. 137 || 14 (1) 1793
2 part. 173 || 12 (1) 1994 do (2) 137 || 14 (2) 1793
do part. 173 | 12 (2) I994 do (3) 137 | 1.4 (3) 1793
3 173 | 12 (3) 1994 do (4) 137 || 14 (5) 1794.
4 (1) part. 173 || 13 (2) 1994 - 137 || 14 (4) 1793
do (2) 173 || 13 (1) 1994 4. 137 | 12 1793
5 137 4 1791
6 part. 137 5 179].
- 7 137 6 1791
40 VICTORIA, 1877. 8 137 21 1795
- - - {} 137 15 1794
10 137 10 1792
4 4 part. 174 3 2002 1] 137 7 (1) 1792
6 part. 178 || 76 2139 12 137 7 (2) 1792
do part. 178 77 2140 3 137 17 1794
7 178 99 2146 14 (1) 137 7 1792
8 part. 176 || 32 2112. do (2 137 7 (3) 1792
do part. 177 27 2119 do (3) 137 7 (4) 1792
Sched. part. 176 || 2 (a 3) | 2105 do (4) 137 || 7 (5) 1792
do part. 176 || 6 2107 do (5) 137 || 7 (6) 1792
do part. 177 || 2 2115 ||, 15 137 9 1792
- do part. 177 30 | 2120 16 part. 137 20 1795
.7 || 7 part. 53 27 809 17 137 || S 1792
- 9 part. 53 36 813 - 18 137 11 1793
12 (1) part. 53 27 809 19 137 18 1794
do do part. 53 28 811 20 137 19 1795
do (2) 53 30 811 22 137 l 1791
8 l 55 l 873 22 l 135 97 1781
2 55 2 873 2 135 | 100 1782
3 55 3 873 3 135 15 1764
4 55 4 873 24 l 138 13 1801
5 55 5 874 25 l 142 2 1813

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42
Table of Ac/s and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.

42 VICTORIA, 1879–Continued.
42 VICTORIA, 1870–Continued.
FORMER LEGISLATION. CONSOL II) A TED . FORMER I, EGISLATION. CONSOI, IDATED .
Gap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page
9 38 109 61 1500 9 93 109 || 117 1517
39 109 62 1500 94 109 || 118 (1) 1517
40 109 63 1500 95 109 || 118 (2) 1518
4]. 109 64 1501 96 109 || 119 15.18
42 109 (35 15()] 97 109 84 1507
43 109 ($6 1501 98 109 40 1490
44 109 67 1501 99 109 | 120 1518
45 109 68 1502 100 part. 109 45 1492
46 (1) 109 || 69 1502 do part. 109 || 85 1507
do (2 109 70 1502 do part. 109 : 104 1513
do (3) 109 7] 1502 do part. 100 121 1518
do (4) 109 || 72 1502 101 109 S 1465
47 109 || 73 1502 Schedule 2. 109 |Schedule 2. 1526
50 109 77 1505 15 1 part 33 l 365
51 109 || 79 1505 do part 33 2 365
52 109 80 1506 2 33 4 365
53 109 81 1506 3 33 5 366
54 109 82 1506 4. 33 8 366
55 109 112 l616 6 33 9 367
56 109 113 1516 7 33 10 367
57 109 || 114 1517 10 32 62 317
58 109 || 115 1517 11 32 63 318
60 (1) 109 || 56 (2) 1496 12 33 || 11 367
do (3) 109 56 (5) 1497 Schedule A. 33 |Schedule A. 368
do (4) 109 56 (6) 1497 do B. 33 |Schedule C. 401
do (5) 109 || 56 (1) 1495 do C. 33 |Schedule C. 401
61 109 || 57 1497 do D. 33 |Schedule D. 410
62 109 85 1507 | 6 l 104 l 1375
63 109 || 86 1508 3 104 2 1375
64 109 87 1509 4 104 3 1375
65 109 88 1509 5 104 4 1375
66 109 91 1510 6 104 5 1375
67 (1) 109 || 92 1510 7 104 || 6 1376
do (2) 109 || 93 I510 8 104 || 7 1376
68 109 94 1510 9 104 8 1376
69 109 95 1510 1() 104 9 1376
70 . 109 96 ].51] 11 104 1() 1377
72 109 90 1509 12 104 11 1377
73 109 90 1509 13 104 12 1377
74 I09 49 1494 14 104 13 1378
75 109 50 1494 15 104 14 1378
76 part 109 5] 1494 16 (1) 104 I5 l378
do part 109 || 78 1505 18 104 || 19 1379
77 109 52 1494 I9 104 20 1379
78 109 97 1511. 20 104 21 1880
79 109 || 98 (1 1511 2] 104 22 I380
80 109 98 (2) 1511 22 104 || 23 1380
8]. 109 98 (3) 1511 23 104 24 1380
82 109 55 1495. 27 104 28 1381
83 109 || 99 (1 1511 28 (1) 104 || 29 (1 1382
84 part. 109 || 99 (2) 1511 do (2) 104 || 29 (2) I382
do part. 109 99 (3) 1512 29 104 30 1382
85 109 || 107 1514 3] 104 || 32 1383
86 168 39 1972 32 104 33 1383
87 I68 38 1972 33 104 34 1383
88 part. 162 || 25 1891 34 104 || 35 1883
do part. 168 || 37 1971 35 104 || 36 1384.
89 162 || 25 1891 36 104 || 37 1384.
90 168 || 38 1972 37 (1) 104 || 38 1384
91 109 || 105 1513 do (2) 104 39 . 1384.
92 part. 109 106 1514 do (3) 104 || 40 1385
2478
Table of Acts and Parts of Acts Consolidated. 43
ACTS OF THE DOMINION OF CANADA—Continued.
42 VICTORIA, 1879–Continued. 42 VICTORIA, 1879–Contanued.
FORMER LEGISI, ATION. CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED .
Cap. Sec Cap. Sec. Page. Cap. Sec. Cap Sec. Page.
}6 38 (1) 104 41 1385 21 35 59 8 900
do (2) 104 42 1385 36 59 9 900
39 104 43 I385 37 part 59 10 900
40 104 44 I385 do part 59 1] 900
41. 104 45 1386 38 59 12 90].
42 104. 47 1386 39 part 60 12 905
43 104 48 1386 40 58 l 893
45 104 50 1887 22 I 63 5 936
46 104 5] 1887 2 63 6 936
48 104 57 1388 3 63 7 936
49 104. 58 1389 5 63 12 937
50 104 59 1389 4 part 63 19 939
5] 104 61. 1389 6 63 8 936
52 104 62 1390 7 63 13 93'ſ
53 (1) 104 63 1390 8 63 3 935.
do (2) 104 || 64 1390 9 3 4 935
do (4) 104 || 65 1390 IO 63 14 938
do (5) 104 67 . 1391 11 3 Q 936
First Sched. 104 ||First Sch. 1391 12 63 || 10 936
Second Sched. 104 |Second Sch. 1393 13 63 15 938
Third Sched. 104 |Third Sch. 1395 14 63 | }{} 938
Fourth Sched. 104 ||Fourth Sch. 1396 15 63 || 1 || 937
20 1 35 12 524 16 - 63 17 938
2 part. 35 }5 525 17 63 18 939
do part. 35 | 16 525 18 3 20 939
do par!. 35 | 1.7 525 19 63 2} 939
3 35 18 525 20 63 22 939
2] I 58 3 893 2] 63 23 940
2 58 4. 893 22 63 29 94].
3 58 5 893 23 63 24 940
4. 58 6 894 24 63 25 940
5 58 7 894 25 63 30 94).
6 58 8 894 26 63 31 942
7 58 9 894 27 63 32 942
8 58 10 894 28 63 35 943
9 58 11 894 29 63 33 942
10 58 12 895 30 63 34 942
11 58 I3 895 3]. 63 36 943
12 58 14 895 32. 63 28 94].
13 58 15 895 33 63 37 943
14 58 16 895 34 63 27 94].
15 58 17 895 35 63 38 943
16 58 18 896 36 63 26 940
17 58 19 896 37 63 2 935
18 58 20 896 40 63 1. 935
J.9 58 2] 896 24 l 87 I 123}.
20 58 22 897 25 1 part 80 67 118].
21 58 3 897 do part 80 68. 1181.
22 58 24 897 2 80 16 1168
23 58 25 897 26 1 part 73 2 1025
24. 58 26 897 O part 73 7 1026
25 58 28 898 2 73 6 1026
26 58 2 893 3 73 | 10 (1) 1029
27 58 || 27 898 || 27 | 1 part 74 || 31 1044
28 part. 59 || || 899 do part 74 32 1044.
29 59 2 899 33 I 55 l 873
30 59 3 899 2 55 2 873
3] 59 4 900 3 55 3 873
32 59 5 900 4. 55 4. 873
33 50 6 900 5 55 5 874
34 59 ſ 900 6 55 (3 874.

2479
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Table of Acts and Parts of Acts Consolidated. 45
ACTS OF THE DOMINION OF CANADA—Contºn wed.

43 VICTORIA, 1880–Continued. 43 VICTORIA, 1880—Continued.
FORMER LEGISLATION. CONSOLIDATED . FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Soc. Page.
−y
21 23 I02 23 1351 25 49 º 50 28 722
24 102 24 1351 50 50 29 722
25 102 26 1352 51 50 30 723
26 102 28 1353 52 50 31 723
27 102 29 I353 53 50 32 723
28 102 30 1353 54 50 33 723
30 102 I 1345 55 50 34 723
22 l part. 120 3 1599 56 50 35 723
do part. 120 86 1624 58 50 36 723
do part. 120 87 1625 59 50 37 724
2 120 38 1611 60 50 38 724
3 120 39 1611 61 50 39 724
4 part. 120 66 (1) 1620 62 50 40 724
do part. 120 | 67 l620 72 50 | 63 f 728
do part. 120 |Schedule B. 1626 '73 50 64 ' '728
5 120 49 1614 76 50 66 728
6 120 50 1614 do (1) 50 66 (a) 728
7 part. 120 2 1599 do (2) 50 | 66 (b) 728
do part. 120 53 1615 do (3) 50 66 (c) 728
do part. 120 54 1616 do (4) 50 | 66 (d) 728
do part. 120 55 1616 do (5) 50 | 67 729
do part. 120 56 1616 do § 50 | 68 '729.
do part, 120 57 1617 do (7) 50 69 729
do part. 120 58 1617 do (8) 50 | TO 729
8 part. 120 59 1617 do (9) 50 71 729
do part. 120 | 60 1618 do (10) 50 | 72 (1) 729.
10 120 82 1623 do (11) part. 50 | 72 (1) '729
11 part. 120 4 1600 do do part. 50 | 72 (2) 729
do part. 120 86 1624 do do part. 50 | 72 (3) 730
12 (1) 12 79 1623 do (12) 50 73 730
do (2) 120 | 40 (1) 1612 do § 50 74 730
do (3) 120 42 1612 do (14) 50 || 75 730,
do (4) 120 14 1604 do (15) 50 76 730
do (5) 120 87 1625 78 50 '78 731
Schedule A. 120 || 53 (1) 1615 79 50 | 79 73]
Schedule B. 120 |Schedule A. | 1626 80 50 80 731
25 1 part. 50 2 717 81 50 | 109 739
do part. 50 3 717 82 (2) 50 83 732
2 50 || 4 718 do (3) 50 | 84 732
3 50 5 718 do (4) 50 85 '732
4 50 | 6 718 do (5) 50 86 : '732
5 50 7 718 83 50 87 732
6 50 | 8 718 84 50 81 73]
7 50 9 718 86 50 89 733
8 50 12 719 89 part. 50 | 106 738
9 50 | 13 719 90 (1) 50 92 (1) 734
I0 50 | 1.4 719 do (2) 50 | 93 734
I l 50 17 720 do (3) 50 95 735
12 50 10 718 do (4) 50 94 734
13 50 112 740 do (5) 50 96 735.
14 50 111 739 do (6) 50 97 735
lö 50 18 720 do (7) 50 98 735
16 50 | 19 721 do (8) 50 2 717
17 50 20 721 do (11) 50 || 100 736
18 50 21 721 do (12) 50 | 92 (2) 734
19 50 22 721 91 (1) 50 107 738
20 50 23 721 do (2) 50 108 739
21 50 24 722 94 50 | 110 739
22 50 25 722 96 50 | 112 740
47 50 26 722 97 50 l 717
48 50 27 '722 Schedule part. 178 11 2125.
46 Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.
43 VICTORIA, 1880–Continued. 43 VICTORIA, 1880–Continued.
FOHMER LEGISLATION. CONSOLIDATEI). FORMER I,EGISI, ATION. CONSOLIDATED .
Gap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
w
28 || 1 • 43 | 1 647 || 28 65 part. 162 || 34 1893
2 43 2 647 66 § 164 50 191 I
4 43 5 649 do (2) 43 65 668
5 part. 43 7 (349 67 (1) 43 | 66 668
7 part. 43 6 649 do (2) º 43 | 67 668
8 3 7 649 68 43 68 669
9 43 8 649 69 43 69 669
1:) 43 9 650 70 43 70 669
l] 43 l() 650 7] 43 71 669
12 43 ll. 650 72 43 || 75 670.
13 43 12 650 73 part. 43 127 685
14 43 || 13 650 do part. 43 | 12S 685
1:) 3 14 651 74 43 76 ** 670
l (; 43 15 651 j 43 77 67].
17 43 16 651 76 43 77 671
1S 3 17 65] 77 43 78 672
19 43 18 65] 78 43 79 672
2] 43 19 652 '79 43 80 672
22 43 21 653 || . 80 43 | 81 672
24 43 23 654 81 43 126 685
25 : 43 24 655 82 4:3 118 683
26 43 25 655 83 part. 3 || '12 669
27 (2) 3 20 655 do part. 43 | 73 670
28 43 27 657 84 43 74 670
29 43 28 657 85 43 | 120 684.
3] 43 35 659 86 43 121 684.
32 43 3 660 87 43 122 684.
33 43 37 660 88 43 || 1:23 684.
34 j 43 33 659 89 part. 43 | 124 684.
35 43 34 659 90 part. 43 94 677
36 43 || 38 660 do part. 43 95 677
37 43 || 3 660 do part. 43 96 678
38 43 | 103 680 do part. 43 97 678
38) 43 4!) 661 do part. 43 98 678
40 43 41 661 9] 43 || 100 6.79
41 43 || 110 682 92 43 || 101 6.79
42 43 || 42 661 93 43 102 680
43 43 43 66l 94 part. 43 | 104 680
44 43 44 662 do part. 3 105 680
45 43 45 662 95 43 106 681
46 43 46 663 96 43 10'ſ 681
47 43 47 663 97 43 || 108 68].
48 43 48 664 98 43 | 125 684.
49 43 49 664 101 43 88 674.
50 43 50 664 102 43 89 675
5]. 43 5]. 664 103 43 90 675
52 43 52 664 104 43 91 675
53 part. 43 53 665 105 43 92 676
54 43 109 681 106 43 93 676
55 173 14 1995 107; 43 82 673
56 43 54 665 108 part. 43 129 685
57 43 55 665 l09 43 | 130 686
58 43 66 666 110 43 3 648
59 43 57 666 11] 43 8 649
60 43 58 666 29 2 79 2 1151
61 e 43 59 666. 3 79 l 1151
62 43 60 666 4. '79 3 1157
63 43 | 61 667. 5 79 4 1157
64 (1) 43 62 667 6 79 || 5 1157
e do (2) 43 63 667 7 79 6 1157
65 part. 43 64 668 8 T9 7 J 158
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Table of Acts and Parts of Acts Consolidated.
49
ACTS OF THE DOMINION OF CANADA—Continued.

44 VICTORIA, 1880-81—Continued. 44 VICTORIA, 1880-81—Continued.
FORMER LEGISLATION. CONSOLIDATED . FoEMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page
25 3] 40 13 606 25 90 (2) 139 3 1805
32 40 || 17 608 91 part. 38 52 585
33 40 14 G07 do part. 139 3 1805
34 40 18 ($08 92 38 45 584
35 40 19 (308 93 37 22 57.1
36 40 20 608 94 38 46 584
37 40... 21 609 95 38 47 584
38 40 22 609 96 38 48 584
39 part 40, 22 609 97 39 19 601
do part 40 23 609 98 37 23 57.1
40 part 40 24 G09 99 37 9 567
do part 135 77 1777 100 37 10 567
41 40 25 609 10] 38 49 585
42 40 26 609 102 37 28 572
43 40 27 609 103 37 ll 567
44 40 28 610 104. 37 12 568
45 40 29 610 106 37 25 57.1
46 40 30 610 107 37 26 572
47 40 31 610 108 40 8 605
48 40 32 610 109 38 53 585
49 38 10 57.7 110 (1) 38 54 (1) 585
50 38 11 57.7 do (2) part. 38 54 (2) 586
51 38 12 57.7 do do part. 38 54 (3) 586
52 38 13 577 do (3) 38 54 (4) 587
53 38 || 14 57.7 do (4) 38 54 (5) 58'ſ
54 38 15 578 do (5) 38 55 587
55 38 16 578 do (6) 38 || 56 587
56 38 l'ſ 5'79 111 38 58 588
57 38 18 579 112 part. 38 59 588
58 38 64 589 113 38 60 588
59 38 65 589 114 168 39 1972
60 38 20 5'79 115 168 38 1972
61 38 2] 579 116 part. I62 25 1891
62 38 22 579 do part. 168 || 37 1971
63 38 19 579 117 162 25 l891
64 38 23 580 118 168 38 1972
65 38 24 580 119 38 62 589
66 38 || 25 580 120 part. 38 || 63 589
67 38 26 580 121 38 (36 589
68 38 27 581 122 38 (37 590
69 38 || 28 581 26 1 part. 134 l 1759
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75 38 57 588 6 134 4 1759
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Table of Acts and Parts of Acts Consolidated. 55
ACTS OF THE DOMINION OF CANADA—Continued.
46 VICTORIA, 1883–Continued. 46 VICTORIA, 1883–Continued.
FORMER LEGISLATION. CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED .
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
12 42 32 36 310 12 || 103 32 128 332
43 32 37 310 | 104 32 129 333
44 32 | 194 348 | 105 32 130 333
45 32 31 308 106 32 121 331
46 32 127 332 107 32 || 122 33].
47 32 | 120 331 108 32 | 123 331
48 32 119 330 109 32 204 350
49 32 38 310 110 32 124. 331
50 32 | 166 342 111 32 | 125 332
5] 32 172 343 | 112 32 | 126 332
52 32 || 173 343 113 32 | 167 342
53 32 49 313 114 32 131 333
54 32 50 314 115 32 132 333
55 32 51 314 116 32 77 321
56 32 52 314 117 32 78 321
57 32 53 314 118 32 83 322
58 32 54 314 | 119 32 79 321
59 part 32 162 341 | 120 32 80 321
do part 32 | 163 342 121 32 81 322
60 32 18 305 122 32 82 322
61 32 217 353 123 32 90 323
62 32 I9 305 124 32 9]. 323
63 32 160 341 125 32 92 323
64 32 12 304 126 32 93 324
65 32 20 305 127 32 22() 354
66 32 56 315 128 32 96 324.
67 32 57 316 129 32 85 322
68 32 58 316 130 32 93 323
69 32 59 316 131 32 94 324
70 32 64 318 132 32 84 322
71 32 65 318 133 32 86 322
72 32 ($6 318 134 32 87 322
73 32 67 319 135 32 88 323
74 32 68 3.19 136 32 89 323
75 32 69 319 137 32 103 326
76 32 218 353 138 32 || 104 326
77 32 70 319 139 32 209 351
78 32 248 362 140 32 105 327
79 32 39 310 141 32 97 324.
80 32 | 40 311 . 142 32 98 325
81 32 || 41 311 143 32 99 325
82 32 42 3.11 144 32 100 325
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84 32 || 44 312 146 32 106 327
85 32 || 45 312 147 32 || 107 327
87 32 152 339 148 32 108 328
88 32 153 339 149 32 109 328
89 32 46 312 150 32 || 110 328
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91 32 252 363 152 32 174 343
92 32 201 350 154 32 215 353
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$4. Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.

48-49 VICTORIA, 1885–Continued. 48-49 VICTORIA, 1885–Continued.
WFORMER I, F, GISLATION, CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED,
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
46 l 17 l 203 46 |Schedule C. 17 |Schedule C. 220
2 17 2 203 do D, 17 |Schedule D. 220
3 17 3 203 47 l 28 9 262
4. 17 4 204 2 28 10 263
j I'7 5 204 48 l 139 8 1807
6 17 6 204 50 }. 47 4. 708
7 17 T 204 2 47 5 708
8 17 8 204 3 part. 46 5 705
9 17 9 205 4 46 5 705
10 17 | }() 205 5 part. 46 5 705
11 17 11 206 6 46 (§ 705
12 17 12 206 7 46 7 705
13 17 13 206 51 l 50 13 719
14 17 lſ. 206 2 50 14 719
15 17 15 206 3 50 22 . 721
16 17 16 206 5 50 67 729
17 17 17 200 | 7 - 50 102 737
18 17 | 18 | 207 do pºrt. 178 76 2139
10 J'ſ 19 207 9 50 53 726
20 17 20 207 10 50 103 (1) 737
2] 17 21 207 ll 50 | 104 738
22 17 | 22 207 12 part. 50 | 103 (2) 738
23 17 || 23 207 do part. 53 || 44 815
24 17 24 207 J.3 50 105 738
25 17 25 | 207 14 50 | 101 736
26 17 26 208 Schedule. 50 |Schedule. 740
27 17 27 208 53 l 45 6 694.
28 17 28 | 208 54 l 45 10 695
29 17 29 208 55 1 part. 138 11 1800
30 17 30 209 do part, l38 l3 180 L
31 17 31 209 2 138 16 1803
32 17 32 209 56 I 138 4 1798
33 17 | 33 209 61 l 33 Schedule C. 401
34 17 34 210 2 33 |Schedule A. 368
35 17 | 35 210 3 33 |Schedule A. 368
36 17 | 36 210 4 part. 33 3 365
37 17 37 210 do part. 33 |Schedule B. 399
38 17 38 211 5 33 |Schedule A. 368
39 17 | 39 211 6 33 |Schedule A. | 368
40 17 | 40 212 T 33 |Schedule A. | 368
41 17 || 41 212 8 33 |Schedule A. | 368
42 17 42 212 9 33 |Schedule A. 368
43 17 43 213 10 (1) 34 || 130 (a) 456
44 17 44 213 do (2) 34 || 130 (b) 456
45 17 || 45 213 do (3 34 || 130 (c) 45'ſ
46 17 46 213 do (4) 34 258 496
47 17 || 47 2.13 do (5) 34 258 496
48 17 48 214 ll 32 6]. 317
49 17 49 214 12 33 7 366
50 17 50 214 l3 33 5 366
51 17 51 215 62 2 part, 34 58 429
52 17 | 53 215 do part. 34 59 429
53 17 52 215 3 part. 34 162 469
54. | 7 || 54 216 do part. 34 227 485
55 . 17 55 216 4 34 87 437
56 17 | 56 216 5 34 113 (1) 448
57 17 5'ſ 216 || 6 34 || 113 (2) 449
58 | 7 58 217 I 34 || 113 (3) 449
59 17 59 217 9 34 148 465
Schedule A. 17 |Schedule A. 217 10 34 168 470
do B. 17 Schodule B. 217 I L 34 | 183 474.
2500
Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.
48-49 VICTORIA, 1885—Continued.
48-49 VICTORIA, 1885–Continued.
CONSOL II) ATFL).
FORMER LEGISLATION. (30 N SOLIDATEI). FORMER LEGISLATION.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
62 12 34 218 484 67 11 107 | 1 1447
13 34 221 484 | 12 1()7 12 1447
14 (1) part. 34 || 258 496 13 107 13 1448.
15 34 || 260 498 | 14 107 14 1448.
16 34 263 500 15 107 15 1448.
17 34 270 501 l6 10'7 16 1448.
18 part. 34 275 502 | 17 107 || || 7 1448,
do part. 34 276 502 18 107 || || 8 1449,
19 34 279 503 19 107 19 14.4%
20 34 280 503 20 10'7 20 14.4%
23 34 317 513 21 107 21 1449
24 34 || 320 513 22 10'7 22 1449.
25 34 || 324 514 | 23 107 23 145ſ)
26 34 337 518 24 107 24. 1450.
(33 l 105 l 1399 25 107 25 1450
2 105 2 1399 | 26 107 26 145].
3 105 3 1399 27 107 27 145].
4. 105 4 1399 28 107 28 l 45 i.
64 l 104 I5 1378 29 107 20 14.5%
2 104 16 1378 30 107 30 145],
3 104 || 18 1379 | Schedule. 107 |Schedule. 1452.
4 104 66 1390 (38 I. 108 l 1453
(35 1 (1) 103 || 32 1370 2 108 2 1453
do (2) 103 || 33 13.70 | 3 108 3 1453
66 l 99 || 2 (3) 1283 4. 108 || 4 1453.
2 99 3 1283 5 108 5 1454.
3 part. 99 6 (2) 1285 6 108 6 1454,
do part. 99 6 (3) 1285 7 108 7 1454.
4 part. 99 10 1286 8 108 8 1454
do part. 99 || 1 || 1286 9 108 $) 1455,
5 99 12 l286 I () 108 1() 1455.
6 part. 99 || 8 1285 ll 108 i ll 145;
do part. 99 9 1286 12 108 12 1455,
do part. 99 13 1286 13 (l 108 3 1456
7 99 || 15 1287 do (2). 108 14. 1456.
8 99 || 16 |287 do (3) 108 || 15 l:456.
9 99 19 I 289 14 108 16 1456.
10 99 33 1295 (39 l 10 l 24 1335.
ll 99 44 1298 70 l 69 l 983,
12. 99 45 130). 2 69 2 985.
13 99 66 131 l 3 G9 3 985,
14 99 74 1313 4. G9 4. 986
15 (1) 99 || 76 (2) 1315 5 69 5 986
do (2) 99 || 76 (3) 1315 6 69 || 6 986
do (3) 99 || 76 (5) 1316 7 (39 7 986.
do (4) 99 7G (9) 1317 8 69 8 , 986
16 part. 99 || 79 (1) (7) || 1320 9 69 () 986.
do part. 99 79 (1) (8) 1320 10 69 10 9ST.
do part. 99 79 (1) (15)|| 1320 ]] 69 ll. 9ST.
17 99 87 1323 12 C9 12 98.
18 99 90 1324 14 69 14 9.SS,
67 l 107 || 1 1443 15 69 15 988
2 107 2 1443 16 69 16 98S
3 107 || 3 (1) 1445 17 69 || 1 7 988
4 107 4. 1445 | 8 69 18 98S
5 107 5 l445 19 69 19 989
6 107 6 1445 20 69 20 989
7 107 7 1446 21 09 21 989
8 107 8 1446 22 (39 22 989,
9 10'7 9 1446 23 69 23 989,
10 107 10 1447 24 69 24 990,
2501
Table of Acts and Parts of Acts Consolidated.
ACTS OF THE DOMINION OF CANADA—Continued.
48-49 VICTORIA, 1885–Continued. 48-49 VICTORIA, 1885—Concluded.
FORMER LEGISLATION . CONSOLIDATED. FORM ISR LEGISLATION. CONSOLIDATED .
Jap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
70 25 69 25 990 80 4 151 19 1854
26 69 26 990 5 151 22 1855
27 69 27 990 81 I 183 9 2226
28 69 28 991 82 l 157 7 1872
29 69 29 991 83 l 120 89 1625.
30 69 30 992 2 120 89 1625
31 69 31 992 3 | 20 89 1625
32 69 32 992 4 | 20. 89 1625
33 G9 33 992 84 I J20 |Schedule A. | 1626
34 69 34 992
35 69 35 992
36 69 || 36 993 *
37 69 3 993 49 VICTORIA, 1886.
38 69 38 993
39 69 39 993
40 69 40 993 2 I I 7 (40) 6
41 G9 41 994 3 2 15 14
42 (39 42 994. 3 l, 5 2 19
43 69 43 994 2 5 3 2]
44 (39 44 994 3 5 4 25
45 69 45 994 5 5 7 25
46 69 46 995 6 5 I9 30
Fl l (37 2 975 7 5 19 30
2 67 3 975 8 5 20 30
3 67 4. 975 9 5 16 29
4 (37 8 976 10 5 15 28
5 67 5 976 Il 5 23 32
G 67 12 977 12 5 25 33
7 67 16 978 14 5 |Form B. 41
8 67 6 976 15 part. 5 17 29
9 67 7 976 do part. 5 21 31
I () 67 10 977 | 6 5 28 34
ll 67 11 977 17 5 11 27
12 67 9 977 20 part. 8 || 45 I00
13 part. 67 8 (4) 977 do part, 8 50 102
14. 67 13 978 Schd. Form A. 5 |Form B. 41
J.5 67 14 978 do do B. 8 |Form S. 139
16 67 17 978 do do C. 8 |Form T. 140
I'7 67 18 978 do do D. 8 |Form U. 141
18 67 19 978 do do E. 8 |Form W. 14}.
19 67 20 978 do do F. 8 |Form W. 142
20 67 15 978 do do G. 8 |Form X. 143
21 67 3 (e) 975 5 l 19 l 227
22 67 2] 978 2 19 l 227
24 67 J. 975 3 19 2 227
I? ] 41 28 0 18 6 l 138 3 1798
75. 1 78 || 42 (5) I 139 7 || | 43 || 8 649
2 78 44 (1) 1139 2 43 45 662
3 78 4l (l) 1136 8 1 46 6 705
d ( 78 41 (6) | 137 9 7 part. 11 15 182
_ do 78 || 41 (8) 1137. do part. Il 18 184
79 I I83 24 2229 2I I (1) 35 67 (1) 540
S0 1 part. 151 1 (d) 1849 do (2) 35 | 67 (2) 540
do part. 151 1 (f) 1849 do (3) 35 | 67 (3) 540
2 151 2 1849 do (4) 35 | 68 540
3 part. 15]. 13 1852 22 1. 27 I 255
do part. 151 14 1852 2 27 2 255
do part. 151 15 1852 3 27 3 255
do part. 151 16 1853 4. 27 4. 256
do part. 151 17 1854. 5 27 5 257
do part. 15] 18 1854 6 27 6 257

2502
Table of Acts and Parls of Acts Consolidated. 6'ſ
ACTS OF THE DONINION OF CANADA—Continued.
49 VICTORIA, 1886—Continued. 49 VICTORIA, 1886–Continued.
FORMER LEGISLATION. - CONSOLIDATEI). FORMER I,EGISLATION. (; ONSOLII)ATED.
Gap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
22 7 27 7 258 24 42 7 42 , 72
8 27 8 258 43 7 3 73
9 27 9 259. 44 7 44 73
10 27 10 259 45 7 45 73
1 | 27 l] 259 46 7 4(; 73
I2 > 27 12 259 47 7 4.7 73
13 27 13 259 48 7 48 74.
14 27 14 200 49 7 49 74
15 27 15 260 5() 7 50 74.
16 27 16 260 5 : 7 51 74
23 I 57 1. 889 52 7 52 74
2 57 2 889 53 7 53 74.
3 57 3 88%) 54 7 54 74
4. 57 4. 889 55 7 55 75
5 57 5 890 56 7 56 75
6 57 6 890 57 7 57 75
7 57 7 890 58 7 58 75
8 57 8 891 59 7 5ſ) 75
9 57 9 891 G0 7 (3() 75
10 57 10 891 61 7 (31 75.
24 J 7 l 65 62 7 G2 76
2 7 2 65 63 7 3 76
3 7 :} 65 64 7 64 76
4. 7 4. 65 65 7 65 76
5 7 5 66 66 7 66 76
6 7 (§ 66 67 7 | 67 77
7 7 7 66 do 8 || 134 127
8 7 8 66 69 part. l 7 (13) 3
9 7 9 67 70 part. 5 43 39
10 7 10 67 do part. 7 | 68 77
11 7 l] 67 71 7 69 77
I2 7 12 67 Sched. Form A. 7 |Form A 77
13 7 3 G7 do do B. 7 |Form B 78
14 7 ] 4 67 do do C. 7 |Form C 78
15 7 15 67 do do D. 7 |Form ID 79
16 7 16 68 do do E. 7 |Form E 80
17 7 1'ſ (38 do dO F. 7 |Form F 80
18 7 18 G8 do do G. 7 |Form G. 81
19 7 19 68 do do H. 7 |Form H 8]
20 7 2ſ) 69 do do I. 7 |Form 1. 82
21 7 2 | (39 do do J. 7 |Form J 82
22 7 22 (39 do do K. 7 |Form K 83
23 7 23 69 do do L. 7 |Form L. 84
24 7 24. 69 do do M. 7 |Form M. ' 84.
25 7 25 69 do do N. 7 |Form N. 86
26 7 20 70 do do O. 7 |Form (). 87
27 7 27 '70 do do P. 7 |Form P. 87
28 7 || 28 70 do do Q. 7 |Form Q. 88
29 7 29 70 do do R. 7 |Form R. 88
30 7 3( 70 25 l 50 2 717
31 7 31 70 2 50 || 1 12 '740
32 7 32 ‘Il 3 50 11 719
33 7 33 71 4 50 4] 724
34 7 34 71 5 50 42 725
35 7 35 T] 6 50 43 725
36 7 36 71 7 part. 50 7 718
37 7 || 37 '72 do part. 50 || 44 725
38 7 38 72 8 " 50 45 725
39 7 39 '72 9 50 46 725
40 7 || 4() 72 10 part. 138 l () 1800

41 '7 || 4 l 72 do part. 138 13 180 L
68 Table of Acts an i Parts of Acts Consolid uted.
ACTS OF THE DOMINION OF CANADA—Continued.
... e--- -- ~~~-º-º-º-e
49 VICTORIA, 1886–Continued. 49 VICTORIA, 1886–Continued.
FORMER LEGISLATION. CONSOLIDATED. FORMER LE(; ISLATION. CONSOLIDATED,
Cap. Sec, Cap. Sec. Page.|| Cap. Sec. Cap. Sec. Page
25 | 10 part. 138 | 1.4 1803 || 26 37 5l 37 748
ll 138 16 1803 38 51 38 748
12 50 47 725 39 5I 39 749
13 50 47 725 40 51 40 749
14 50 48 725 4] 51 41 749
15 50 49 726 42 5l 42 749
16 50 | 50 726 43 51 43 75()
17 50 || 51 726 44 51 44 75()
18 50 2 726 45 51 45 75()
19 50 55 727 46 i 51 46 75()
20 50 56 727 47 51 47 75()
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22 50 5S 727 49 51 || 49 751
23 50 59 727 50 51 50 751
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25 50 61 727 52 5] 52 75]
26 50 62 727 53 51 53 752
27 50 15 720 54 51 54 '752
28 50 65 728 55 5I 55 752
29 50 16 720 56 51 || 56 752
30 50 54 727 57 51 57 752
31 50 7 7 18 58 51 58 753
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30 51 || 3 747 91 51 91 764
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Table of Acts and Parts of Acts Consolidated,
71.
ACTS OF THE DOMINION OF CANADA—Concluded.

49 VICTORIA, 1886—Continued.
49 VICTORIA, 1886—Concluded.
}\ORMER LEGISLATION, CONSOLIDATED. FORMER LEGISLATION. CONSOLIDATED.
Cap. Sec. Cap. Sec. Page. Cap. Sec. Cap. Sec. Page.
52 || 3 16] 2 (1) 1885 52 8 part. 157 || 4 1871
4 157 5 1871 do part. 157 5 1871
5 part. 157 6 (1) 1872 do part. 161 2 (1) 1885.
do part. 161 || 2 (2 1885 || 53 | 1 | 162 29 1892
6 part. 157 6 (2 1872 2 162 30 1892.
do part. 161 2 (3 1885 3 l62 31 1892
7 part. 157 6 § 1872 4. 162 32 1892
do part. 161 2 (4 1885 54 l 183 70 2240
8 part. 157 3 1871 || 114 || 1 94 3 1252
80% 2507
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
A
PAGE,
ABDUCTION AND DEFILEMENT OF
WOMEN. See Offences against the
person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1893, 1894
ABORTION. See Offences against the per-
SOIl . . . . . . . . . . . - * * * * * * * * * * * * * * * * * * * * * * s s a e g º e s e s e e s is e 1895
ACCESSORIES-An Act respecting........... 1831
Felonies .............................................. 1831
Accessories after the fact..................... 1831
Accessories before the fact .................. 1831
Counselling, procuring or command-
ing—Punishment for........................ 1831
Indictment and conviction of acces-
sories ............................................. 1831
Principal in the second degree ............ 1831
Prosecution of accessory after principal.
offender convicted, &c...................... 1832
Punishment of accessories............ 1831, 1832
Misdemeanors...................................... 1832
Aiding, abetting, counselling or pro-
curing—guilty, &c., as a principal
offender .......................................... 1832
Offences punishable on summary con-
Viction............................................ 1832
ACCIDENTS ON BOARD SHIPS. See
Safety of ships, &c .......................... 11 ll
ACTIONS AGAINST PERSONS ATXIMIN-
ISTERING THE CRIMINAL LAW –
• An Act respecting ........................... 2.245
General issue....................................... 2.245
Limitation of actions and prosecutions.... 22.45
Notice to defendant............. '• * * * * * * * * * * * * * * * * * 2.245
Protection of Justices of the Peace—
Other Acts to apply to the ............... 2246
Tender of sufficient amends.................... 2.245
Verdict or judgment for defendant in
certain cases and recovery of costs.... 2246
ACTS AND PARTS OF ACTS CONDI-
TIONALLY REPEALED. See Sche-
dule C. ........................................... 2317
ACTS AND PARTS OF ACTS CONSOLI-
DATED. See Appendix No. 2........... 2437
ACTS AND PARTS OF ACTS NOT CON-
SOLIDATED. See Schedule B.... ... 2299
ACTS AND PARTS OF ACTS REPEALED
See Schedule A. ........... .................. 2247
A
PAGE.
ACTS-History and disposal of. See Ap-
pendix No. 1. ........................ ... . . . . . . . 2319
ADMIRALTY LANDS. See Ordnance and
Admiralty Lands............................ 873
ADULTERATION ACT.......................... 1443
Adulterated food.................................. 1443
Adulteration ....................................... 1448
Agricultural fertilizers—“Adulterated". 1444
Analysis................... .e. e º a s e e s e s e s w a e s se e s a s • e s e s e 1445
Appointment of analysts..................... 1445
Certificate if sample is adulterated...... 1447
Division of sample into three parts...... 1446
Duty of officer on obtaining sample...... 1446
Marking and sealing sample................ 1446
Penalty for refusing to deliver sample ... 1446
Proceedings in case of..................... ... 1447
Samples, how obtained........................ 1446
Seal to be affixed, &c........................... J447
Certificate in such case..................... 1447
Transmission of parts, &c................... 1446
Analysts.............................................. 1445
Appointment of.................................. 1445
Certificate of qualification of............... 1445
Chief—how appointed........ * * * * * * * * * * * * * * * * * 1445
Duties of.................................... ....... 1445
Examination for................................. 1445
Remuneration of......... : • * * * * * * * * * * * * * * * * * * * * * * 1445
Any person may submit article for ana-
lysis............................................... 1451
Appeal to chief analyst. ....................... 1447
Proceedings in such case .................... 1447
Report of chief analyst final............... 1447
Application of penalties................. 1446, 1451
Compounder, &c., &c., and penalty........ 1450
Confiscation of adulterated articles........ 1449
Detention of articles till sample is ana-
lyzed ............ ..................... * * * * * * * * * e s a I449
Drugs, “adulterated”........................... 1444
Enforcement of penalties....................... 1451
Exemptions may be declared by Gover-
nor in Council................................. 1449
Limit of variability to be fixed.............. 1449
List of, to be prepared and published..... 1449
Expenses of analysis.............................. 1451
Fertilizers Act—Reference to........... 1443, 1444
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
ADULTERATION ACT-Concluded.
Food, “adulterated ''............................. 1443
Food and drugs—Adulteration of....1443, 1444
Exceptions................ • . . . . . . . . . . . . . . . . . . . . . . . 1444
General Inspection Act—Inspectors, &c.,
acting under........................... ........ 1445 |
General provisions............ Q & © tº º it tº a g º e º 'º a º e º e º 'º 1451
“Inland Revenue Act,” to apply............ 1451
Inspectors may be appointed.................. 1445
May prosecute offenders ....................... 1445
Powers of ......... ......... ........................ 1445
Inspectors of Weights and Measures...... 1445
Interpretation ............................ ......... 1443
“Adulterated "................................... 1443
“Agricultural fertilizer”..................... 1443
Drug?'...... ...................................... 1443
“Food”............. ...................... ......... 1443
“Officer’’.......................................... 1443
Liquors, when deemed to be adulterated. 1448
Milk, when deemed to be adulterated...... 1448
Officers of Inland Revenue..................... 1445
Penalties for adulterating ............... 1449, 1450
Penalty for selling adulterated article...... 1450
For wilfully attaching false label.......... 1450
On compounder, &c., of liquors, &c...... 1450
See Schedule................................. 1452
Regulations, how to be made.................. 1451
Report for Parliament by analysts........... 1448
Sale of adulterated articles prohibited...... 1448
Samples of articles—Who may obtain...... 1445
Schedule........................... .................. 1452
ADVANCES ON SHIPS IN COURSE OF
CONSTRUCTION.—Security for....... 1015
AGRICULTURAL FERTILIZERS–Adul-
- teration of. See Adulteration Act.... 1443
AGRICULTURAL FERTILIZERS–An Act
respecting. See Fertilizers Act........ 1453
AGRICULTURE—An Act respecting the
Department of ............................... 249
Annual Report to Governor General...... 250
Deputy Minister of Agriculture.............. 249
Duties of Minister............... • • * - - - - - - - - - - - - - - - 249
Minister of Agriculture.......................... 249
Other duties may be assigned................. 249
Subjects under control of Minister.......... 249
Agriculture........................................ 249
Arts and Manufactures........................ 249
Copyright........................................... 249
Experimental Farm Stations................ 249
Immigration and Emigration............... 249
Industrial Designs and Trade Marks.... 249
Patents of Invention........................... 249
Public Health and Quarantine.............. 249
The Census, Statistics and the Registra- -
tion of Statistics.............................. 249
The Marine and Immigrant Hospital at
AID SOCIETIES. See Immigration Aid
Societies ................................ .........
ALIENS-An Act respecting Naturalization
and. See Naturalization Act............. 1535.
ALLEGIANCE–0aths of See Oaths of
Allegiance, &c................................. 1533.
ALLOWANCES TO THE PROVINCES–
See Subsidies, &c. .......................... , 703
AN ACT RESPECTING THE REVISED
STATUTES OF CANADA. ............. ix
ANIMALS CONTAGIOUS IDISEASES
ACT, ..................................... ......... 985
Appointment of officers...........• - - - - - - - - - - - - - 988
Cattle—Duties of owners of................... 985,
Cleansing of vessels and vehicles........... 990
Diseased cattle—Slaughtering ............... 987
Disposition and destruction of diseased
animals ......................................... 987.
Duties of owners of cattle..................... 985
Effect of sections l to 11 of this Act....... 987
Evidence—Publication and.................... 992
Importation—Prohibition of.................. 988
Infected places...................................... 988
Area of how it may be described......... 989
Area of locality, what to include......... 989.
Declaring a place free from disease...... 989
Effect of notice to owners..................... 989
Inspectors and officers—Duties of......... 988.
Limits of, may be varied..................... 989
Notice of, to owners........................... 988
Order of Minister to supersede local
order ..................... ........................ 990
Power of inspector to extend boundaries 989
Report concerning, to Minister of Agri-
Culture............................................ 989.
Transit through ................................. 990
Inspector's certificate to be evidence ...... 992
Interpretation ..................................... 985
“Animals"........................................ 985.
“Cattle”........................... * * * * * * * * * * * * * * * * 985
“Contagious".................................... 985
“Foreign animals” ............................ 985
“Infectious "...................................... 985
“Infectious or contagious diseases”..... 985
Notice of disease to be given to Minister
of Agriculture by breeders and dealers 985
Penalty for neglect............................. 986
Offences and penalties........................... 993
Apprehension of offenders .................. 994.
Arrest of persons impeding the execu-
tion of this Act............ ................... 993
Attempting to import contrary to this
Act ................................................ 993
Entering where entrance is forbidden... 994
Forfeiture of animals.......................... 993
How offender to be dealt with ............. 993
Quebec............... ............................ 249
Neglecting to cleanse vessels, &c......... 994.
* GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
ANIMALS CONTAGIOUS DISEASES
ACT-Continued.
Recovery of penalties..........................
Refusing admission of inspector to com-
mon, field, stable, &c,......................
Refusing admission of inspector to
Steamship, vessel, &c.......... * * * * * * * * ~ *...
Return of removed animal to infected
Where offence shall be held to have
been committed..................... .......
Officers—Appointment of.......................
Orders may be made by Governor in
in Council....................................
Owners of cattle—Duties of...................
Penalties—Offences and.........................
Penalty for bringing diseased animals to
market .........................................
For digging up buried carcass..............
For fraudulent concealment of disease.
For keeping diseased animals in places
not enclosed........ © tº e º º e º s e a tº a s e º e º & ſº e º e º e º
For selling, &c., diseased animals.........
For throwing carcass into river, &c......
Powers of inspectors..............................
To enter and examine steamships, ves-
sels, &c........................................
To enter and examine suspected locali-
Preventing removal of animals or appur-
tenances out of infected places........
Prohibition of importation. ....................
Publication and evidence................. .....
Orders in Council, &c.—Publication of.
Regulations may be made for causing no-
tices to be given...........................
Declaring market, steamship, &c., in-
fected......... . ...............................
Disposing of diseased animals...............
Prohibiting or regulating the holding of
markets, &c......... ........................
Purifying infected places, &c......... ......
Requiring motice to be given of appear-
ance of disease..............................
Requiring proof as to animals imported.
Segregating and confining animals.......
Separation of diseased animals.............
Slaughtering animals...........................
Subjecting animals to quarantine..........
Report of seizure of diseased animals.......
Seizure of diseased animals offered for sale
Short title.............................................
Slaughtering diseased cattle..................
Amount of compensation.....................
993
993
994
993
994
994
988
990
985 .
993
986
986
986
986
986
986
992
991
988
992
992
991
991
99]
991
991
991
991
991
990
991
990
987
987
985
98.7
98.7
ANIMALS CONTAGIOUS DISEASES
ACT-Concluded.
Compensation to owners in certain cases. 987
Sale of carcass.................................... 988
Value of, how determined ................... 987
Withholding compensation in certain
cases................... ........................ 987
Vessels and vehicles—Cleansing of......... 990
ANIMALS-Cruelty to. See Cruelty to
Animals ...................................... 1987
APPENDIX No. 1. History and disposal of
Acts............................................ 2319.
APPENDIX No. 2. Acts and parts of Acts
consolidated ................................ 2437
ARBITRATORS–An Act respecting Official 603
Action of Minister as to claims............... 605.
Appeal to the Exchequer Court ............. G09
Costs and enforcement of process......... (310
Court may finally determine................ G] ()
Execution of order of court.................. 61()
Further powers of court....... * < * * * * * * * * * * * * * * 610
Powers of the court to set aside, &c..... 609
Security for costs to be given............... (310
Submission may be made a rule of court 609
“Supreme and Exchequer Courts Act”—
Appeal regulated by. ...................... (310
Powers of, to apply to this Act......... 61 ()
Time for application limited................. 609
Arbitrators.......................................... (303
Appointment of................................. 603
Clerk to—Appointment of................... (304.
Duties of............................................ 604
Oath to be taken by ........................... 604
Powers of &c.................................... 606
. Remumeration of................................. 604
Claim how preferred ............................. 604
Clerk—Appointment of.......................... 604
Exchequer Court—Appeal to ................ G09
Interpretation...................................... 603
“Arbitrators’.................................... (303
“Department”................................... 603
“Minister” ....................................... 603
“Public work”.................... ............. 603
Legal tender—What shall be.................. 605
Minister may refer to arbitration with-
out tender.................................... 606
Duty of arbitrators in such case........... 606
No arbitration when otherwise provided
in contract................................... 605
One, may take evidence and hear parties,
&c. ............................................. (306
Powers of arbitrators and proceedings
by or before them......................... 606
Advantages, &c., of public work to be
taken into consideration............... G07
Allowance to witnesses............... ....... 607
Appeal to the whole board, when......... 608
A
#
GENERAL INDEX. .*
The figures denote the pages which are numbered at the bottom,
ARBITRATORS–Concluded.
Copies of award to be delivered...........
Copies of depositions ànd papers..........
Costs, by whom to be paid..................
“ to be taxed by whom.................
Evidence on appeal.............................
Evidence to be taken in Writing...........
Penalties in contracts, how construed...
Penalty for non-attendance of witness.
Production of documents.....................
Restrictions as to awards on contracts...
Stenographer—Employment of............
Costs of......... .................................
His duty................... tº a s w e s tº ſº e º a ſe e º 'º e g º e s e e
Value estimated as at the time of taking
possession......... tº e a e º e s tº e º sa e e º e s e e s tº e s a e s e
Witnesses may be summoned...............
Reference to one or more arbitrators
Security to be given by claimant............
Time within which claim may be made,
limited. .......................................
ARMS KEPT FOR DANGEROUS PUR-
POSES-An Act respecting the seiz-
ure of....................... * * * * * * * * * * * * * * * * * * g e g º º
Arms kept for any unlawful purpose may
be seized
Persons in possession thereof, may be
arrested.................................. .........
“Arms”—What to include.....................
Concurrent jurisdiction of justices of the
peace....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Decision of claims for restitution of arms.
Interpretation............ . . . . . . . . . . . . . . . . . . ........
Persons unlawfully carrying arms may
be arrested.......................................
May be admitted to bail
Proclamation declaring this Act in force
after suspension................................
Suspension of this Act by Governor in
Council
ARMY AND NAVY-Offences relating to
- the............... ...................................
Application of penalties
Apprehension of suspected deserters.......
Concealing or assisting deserter.............
Enticing soldiers or sailors to desert........
Examination of witnesses about to leave
Province, &c....................................
Penalties—Application of......................
Prosecution of offender................. .......
• a e º 'º e o e º e s tº e º & º 'º e º 'º $ # * * e < * * * * * * * ſº tº e º g g e
e e s c s s e e º e o 'º a s e º e º 'º e s s e º e s a s e s e < * * * * * * * g e s
• * * * * * * * * * * * * * * * * *** * * * * *
Receiving necessaries from a seaman or
mariner................................. …
Receiving regimental necessaries............
Warrant required to break and enter a
building in search of deserters
(308
609
609
(308
607
607
608
(307
G07
607
608
606
605
(306
1843
1843
1843
1843
1844
1843
1843
1844
1844
1844
1844
1979
1980
1980
1979
1979
1980
1980
1980
1980
1979
1979
ASHES-Inspection of. See General In-
spection Act
ASSAULTS, &c. See Offences against the
1961'SOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -
ATTORNEY GENERAL OF CANADA.
See Justice—Department of...............
AUDIT ACT-Consolidated Revenue and...
Accountant—Liability of civilly............
Evidence against................................
Notice to pay over moneys..................
Penalty for not accounting..................
Refusing to obey notice.......................
Costs in case of refusal....................
Evidence on refusal.........................
Vouchers—Proceedings in case they are
insufficient...................................
Costs in such case...........................
a * * * * * * * * * * * * * * * * * * * * * *.s e º e s : * * * * * * *
False entries—Making
Misdemeanor—When guilty of
Permitting breach of law.....................
Punishment
Receiving bribes. ...............................
Accountant—Meaning of term...............
Moneys to be paid over on termination
of his charge...................................
Recovery of balance in hand
Report thereon by Auditor General......
Accounts which Auditor General shall
audit... ......... .................................
Accuracy of accounts, how tested...........
Act respecting Dominion notes...............
Alteration of time for accounting...........
Annual accounts and audit thereof.........
* G & º e º 'º e i & © tº e s tº e º 'º º e º e g tº
a s e e º is is a e º 'º º e º e s g º ºs e e < e < e < e < e < e < e a s e g º º
* * * * * * * * * * * * * * * * * * * e g g g g g g s a e º e
Preparation of....................................
Appropriation Act—Accounts under......
Auditor General—
May issue commissions....... ................
May obtain writs of Subpoena. .............
Officers and clerks under.....................
Orders and rules—May make...............
Report to Governor in Council by........
Report to Parliament..........................
Tenure of office of............................. * *
243
265
284.
284
284
284
285
* 285
285
285
285
285
287
287
287
287
287
288
287
288
287
281
284
284.
284
281
279
270
278
276
276
290
Warrant to apprehend deserters..............
Balances to be paid over........................
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
AUDIT ACT-Continued.
Books of account, moneys and valuable
securities to be the property of Her
Majesty......................... * * * * * * tº e g º & & 0 & 4 & 6 tº
Bribing revenue officers. See Offering
bribes. Sec. 70............................... 288
Canada (Public Works) Loan Act.......... 267
Canada Railway Loan Act.................... 266
Canada (Rupert's Land) Loan Act, ....... 267
Cancellation of debentures.................... 270
Certificate to accountant....................... 282
Cheques issued without certificate.......... 280
Collection of the revenue....................... 270
Division of Canada into ports.............. 271
Exemption of officers.......................... 271
Hours of attendance of officers............ 272
Oath of office..................................... 27]
Officers to be employed........................ 270
Remuneration of officers..................... 271
Collections, &c.—Costs, &c., incident
thereto............................................ 266
Commissioners to take evidence............ 283
Consolidated Revenue Fund.................. 266
Contempt of court................................ 284
Crown remedies not affected.................. 287
Debentures— - -
Cancellation of................................... 270
Countersigned by whom ..................... 270
Examination of................................... 270
Issue of............................................. 268
Defaulters—Proceedings against............ 286
Department, preparing appropriation
accounts—Duty of............................ 278
Details, how audited ............................. 278
Dominion notes—Act respecting............ 270
Dominion Stock—Issue of....................... 268
Double entry—Accounts to be kept by.... 276
Duties—Remission of, how made ............ 290
Enforcement of forfeiture ...;................. 291
Examination of appropriation accounts... 279
Examinations shall be made with as little
delay as possible.............................. 281
Examinations under oath may be made. 289
Exchequer bills and bonds—Issue and
sale of.................. .......... ................ 268
Explanation to accompany accounts...... 279
Forfeiture—Remission of ....................... 290
Free access to books, &c........................ 279
Fund—Consolidated revenue.................. 266
Funded debt—Form of, may be changed. 269
Goods destroyed by accident.................. 291
Governor General—Salary of................. 266
Grants to Provinces............................... 267
Holidays ............ ................................. 290
Hudson's Bay Company—Loan......... 266, 267
Intercolonial Railway........................... 266
| AUDIT ACT-Comténued.
Issues during financial year—Account of
to be prepared.................................
Judges—Supreme and Exchequer Courts
—Salaries of................................... º
List of accounts to be submitted to
Treasury Board............................ , e º & e
Loans, how raised........ 'º s e º ºs e º 'º e º e º e º g g & e º e º 'º 4 & 8
Malfeasance—Liability in case of..........
Manufacture of excisable articles
• * * * * * * *
Misapplication of public money.............
Objections, how dealt with....................
Offering bribes, &c., to revenue officers...
Forfeiture and disqualification in case
of officials.......................................
Imprisonment
Misdemeanor.....................................
Punishment .......................................
Pardon—Remission—effect of as
Penalties for non-attendance of witnesses
Penalties—Recovery of .........................
Preparation of appropriation accounts...
Proceedings against defaulters
Public accounts, how kept.....................
Shall include What..............................
Public debt—Management of, and interest
thereon -
Public debts—Interest on.......................
Public moneys, how paid
‘‘ Account of the Minister of Finance
and Receiver General’’
Cash books, how kept
Daily accounts to be rendered to Auditor
General..........................................
Duty on licenses
Ministers, deputies, &c. ......................
Time and mode of payment
Purchaser of defaulter's goods, when not
liable
Recovery of penalties. .........................
Regulations by Governor in Council—
their effect......................................
Remission of duties, &c.........................
Report of Auditor General
Revenue fund—Consolidated
Salaries of judges.................................
Seizure and sale of defaulter's goods......
Sinking fund—Provision for.............. 266,
Statement of Auditor General, to be
transmitted to the Minister of Finance
When examination is completed...........
Stay of proceedings................................
Subpoenas—Auditor General may issue...
Temporary loans. ...............................
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
a e º gº tº $ tº e º º 'º º
• * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * is e s a e º e º 'º - tº
* * * * * * * * * e e s = * * * * * * * * c e e s tº e º e º 'º º
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * g e s tº º
• * * e s e º e º e º s - e º a
282
268
288
288
288
288
286
280
288
286
291
269
290
280
266
267
286
268
282
28I.
290
283
269
Interpretation...................................... 265
274
Votes of money—Proceedings as to........
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
AUDIT ACT-Continued.
Certificate of Auditor General,............. 275
Cheques to issue, when and how ......... 275
Credits to be issued............................ 275
Immediate outlays provided for............ 276
Minister of Finance to issue credits, &c. 275
Refusal of Auditor General to certify—
Provision in such case..................... 276
Special Warrants................................. 276
IB
O
BANK ACT ......... ................................... 1599
Absolute title to lands mortgaged, how
acquired.......................................... 1614
Advances for building ships.................. 1614
Agencies—Branches and........................ 1613
Agency fees ......................................... 1619
“Agent”—Meaning of (in Sec. 53)........ 1615
Allotment of stock................................ 1601
Annual returns to Parliament................. 1621
Annual statement, what to contain... 1606, 1607
Application of Act................................ 1599
Bank notes—Amount and denomination
of................................................... 1612
Bank subject to any general Act............ 1624
Bill of lading as security........................ 1615
Board of directors................................. 1603
Bonds, bills, notes, &c., how to be sealed
and signed...................................... 1612
Branches and agencies.......................... 1613
British Columbia—Sections which apply
to Bank of...........… 1625
Chief seat of business of, &c,.............. 1625
British North America—Sections which
apply to Bank of.............................. 1625
Business which bank is precluded from
transacting ......... ........................... 1613
Penalty for contravention.................... 1613
Calls on shares ............................... ..... 1605
Forfeiture for non-payment................. 1606
Recovery of by suit............................. 1605
Sale in case of forfeiture..................... 1606
Time of, and notice............................ 1605
Transfer in case of Sale....................... 1606
Calls–Shares and, ............................... 1605
Capital stock........................................ 1600
Cashier, &c.—Security of................. … 1605
Certificate from Treasury Board............ 1600
Charters continued to July 1, 1891......... 1600
See Schedule A, for names................ 1626
Chief place of business—Payment at...... 1612
Collateral Security.......................... 1615, 1618
AUDIT ACT-Concluded.
Statement to be submitted to Parlia-
lment ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 276
Statements to be rendered to Auditor
General........................................... 275
Vouchers required by Auditor General. 276
Warrant of Governor to Minister of
Finance .......................................... 274
Witnesses—How their attendance may be
enforced ............... ..... tº º ſº e s tº e º e º e º s tº e º ſº tº tº $ tº 283
BANK ACT-Continued.
Provisions may be varied..................... 1618
Collection fees...................................... 1619
Deposits from persons incapable of mak-
ing Contracts................................... 1619
Limit as to amount............................. 1620
Trusts in relation to........................... 1620
Directors. See Internal regulations...1601, 1603
Dividends............ * g e º e is a e s tº a $ . . . . . . . . . . . . . . . . . . . . . 1607
Half yearly......................................... 1607
Limited unless there is a certain reserve 1607
Lost capital to be made up.................. 1607
Not to impair capital.................. ......... 1607
Notice for thirty days.......................... 1607
Dominion notes—Supply of.................... 1611
Excess of circulation—Penalty for having 1612
Exchange of warehouse receipt for bill of
lading and vice versa........................ 1616
Execution, &c.—Purchase of land under. 1614
Execution—Sale of shares under............ 1608
Executors, &c.—when not personally
liable... . ................ ........................ 1611
Foreclosure of mortgage....................... 1614
Future legislation, &c,........................... 1624
How certain banks may come under this
Act...... ................................ & g º º e º is is a tº 1624
Incorporation—Act of, what to declare... 1600
Increase of capital ................................ 160 L
Insolvency ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1621
Bank's notes to be a first charge on as-
Sets............... ......... .................... . 1623
Calls in such case............................... 1621
Calls under Winding-up Act............... 1622
En commandite—When bank is...... 1622, 1623
Enforcement of calls........................... 1622
Forfeiture for non-payment................. 1622
Liability of directors........................... 1622
Liability of shareholders. ................... 1621
Who have transferred their stock
within one month......................... 1622
Refusal to make calls.......................... 1622
How dealt with................................... 1618
Suspension for 90 days........................ 1621
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
BANK ACT-Continued.
Inspection by directors.......................... 1607
Interest, what, recoverable ................... 1(318
Internal regulations........ tº e s a tº e º & 4 & e º is 6 & º e º 'º e º e 1601
Board of directors.............. tº e g º g º ºs º ºs tº e s ∈ e º 'º 1603.
By-laws in force prior to April 14, 1871. 1604
By-laws may be made................. ....... 1601
Calls must be paid before voting—when 1603
Cashier, &c.—Security of........ & e e s e º e e s a s a º 1605
Casting vote ........ * * * * * * * * * g e s s e e º ºs e e s a e s = º e e s a . 1604
Certain by-laws continued........ tº s º e s tº º is tº ſº 1602
Directors—Election of........................ 1601
Qualification of............................... . 1601
Discount to directors................ tº e º e º e º 'º e . 1602
Election of president, &c..................... 1603
En commandite—Proviso; as to banks... 1601
Failure of election—Proviso; in case of 1604
“Officers, clerks, &c.—Appointment of.... 1604
Preside—Who shall ...... ..................... 1604
Quorum, &c,...................................... 1604
Removal of president, directors, &c...... 1602
Renewal of proxies. ........................... 1604
Special general meetings..................... 1602
Vacancies how filled, ........ ................ 1603
Interpretation...................................... 1599
“Bill of lading ”.................... & s e º s e º ºs e e e s e 1599
“Goods, wares and merchandise”....... 1599
“Ship” or “shipment”..................... 1599
“The Bank”...................................... 1599
‘‘Warehouse receipt”.......................... lă99
La Banque du Peuple—Sections which
apply to............................. * e º e s s a e s e º g tº 1625
“Directors ’’ Proviso; as to ............... 1625
List of transfers to be kept..................... 1608
Loan on its own stock forbidden............ 1617
Penalty for contravention.................... 1618
Machinery—Notes and bills may be sign-
ed by …...................................... 1613
Making false statement in returns, a mis-
demeanor ....................................... 1623
Mortgages and hypothèques.................. 1614
Notices how to be given......... ............... 1624.
Obligations and powers........................ 1611
Offences and penalties.......................... 1623
Tayment in Dominion notes.......... • * * * * * * * * * * 1612
Payment of shares................................ 1605
Penalties—Offences and........................ 1623
Penalty for making false statement........ 1616
Powers—Obligations and...................... 1611
President giving undue preference to any
creditor, guilty of a misdemeanor. ... 1623
Real estate for occupation...................... 1613
Redemption of notes............................. 1612
Tºeserve fund—Amount required............ 1611
Returns by the bank............................. 1620
How to be signed................................ 1620
BANK ACT-Continued.
Form of, See Schedule B................... 1626
Penalty for not making, &c,..... ........... 1620
Special, may be called for .................... 1620
Sale of shares under execution................ 1608
Schedules—Banks whose charters are
continued by this Act.................... A, 1626
Returns of liabilities and assets.......... B, 1626
Security on goods, &c........................... 1615
“Agent,” meaning of.......................... 1615
Goods manufactured from articles pled-
ged................................................. 1616
Limited to contemporaneous transac-
tions ................................. • * * * * * * * * * g g º º 1615
Notice to be given before sale............... 1617
Penalty for contravention .................... 1616
Prior claim of bank over unpaid vendor. 1617
Sale by auction after notice.................. 1617
Sale of goods, &c., on non-payment of
debt................................................ 1616
Under bill of lading, &c,...................... 1615
Warehouse receipt, &c........................ 1615
When warehouseman is also owner....... 1616
Shares and calls.......................... tº t e º a tº e s tº tº 1605
Shares and unpaid dividends.................. 1617
Lien on, for overdue debts.................... 1617
Transfer in case of sale........................ 1617
Ships—Advances for building................. 1614
Special provisions as to certain banks..... 1624.
Subscribed capital, when to be paid up... 1600
Subscription—Books of................. tº º te e º e º e e 1605
Title to mortgaged lands.............. tº e s tº dº e º 'º & . 1614
To what banks the Act applies................ 1599
Transfer and transmission of shares......... 1608
Transfer of shares ................................. 1608
Transfer of stock................................... 1605
Transmission of certified list of sharehol-
ders to Minister of Finance ............... 1621
Penalty for neglect.................... & e s s tº tº e º e tº 1621
Transmission of shares other than by
transfer.................. ........................ | 608
Decease-In case of............................. 1609
Letters of administration—Copy of.... 1610
Probate of will—Copy of........ tº e º e º & e o te & 1610
Declaration in such case...................... 1608
Corroborative evidence. ................... 1609
Made out of Canada......................... 1609
Doubt as to person entitled........ ë g º ºs e tº a g º ſº 16]:0
Costs in such case. .......................... 1610
Notice to be given............................ 1610
Petition in Such case........................ 1610
How to be authenticated...................... 1608
Trustees, &c.—When not personally liable 1611
Trusts—Bank not bound to see to............ 1611
Unauthorized issue of notes for circula-
tion.................. .............................. 1624
Monthly returns to Government ........... 1620
Penalty for. ................ ....................... 1624.
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
BANK ACT-Concluded.
What shall be deemed such.......... ....... 1624
Unauthorized use of the title of bank,
&c., a misdemeanor......................... , 1623
Usury—No instrument to be void for....... 1618
Innocent holders................. * * * * * * * * * * * g e e º e 1619
Usury—No penalty for........................... 1618
Warehouse receipts...... ........................ 1615
BANKS. See Savings Banks in the Pro-
vinces of Ontario and Quebec............ 1637
BANKS AND BANKING. See Bank Act. 1599
BANKS.–Government Savings. See Gov-
ernment Savings Banks.................... 1631
BEACONS, &c. See Lighthouses, &c........ 997
BEEF—Inspection of See General Inspec-
tion Act.......................................... 1302
BETTING. See Lotteries, &c................... , 1880
BIGAMY, &c. See Marriage, &c............... 1886
BILLS OF EXCHANGE AND PROMIS-
SORY NOTES-An Act respecting... 1649
Acceptance of bill to be in writing......... 1650
Damages on bills payable in Canada or
Newfoundland................................. 1650
Other countries.................................. 1650
Days of grace....................................... 1649
General acceptance in P. E. Island........ . 1651
“Given for a patent right”.................... 1652
Holiday................................................ 1649
Last day of grace a holiday, &c.............. 1649
New Brunswick—Protests, &c., in ......... 1651
No official to act as notary of bank in
which he is employed....................... 1651
Non-juridical days................................ 1649
Days proclaimed by Lieut. Gov. ......... 1650
In all the provinces but Quebec............ 1649
In Province of Quebec ....................... 1650
Notarial protest—Evidence in New
Brunswick......... ............................. 1651
Notice of protest and dishonor how, when
and to whom to be given.................. I650
Nova Scotia—Protests, &c.; in........ & e is e º a 1651
Ontario—Province of............................ 1652
Damages and interest when allowed..... 1653
General acceptance or promise in......... 1652
Inland bills and notes to bear interest... 1654
Notaries' fees...... ......... ..................... 1654
Notice of protest how to be served....... 1654
Form of. See Schedule A................ 1656
Presentment on a non-juridical day...... 1653
Protest for dishonor when to be made... 1654
Form of. See Schedule A................ 1655
Qualified acceptance or promise........... 1652
Rate of exchange how ascertained........ 1653
Statutes which are not in force in........ 1654
Usury in—Rights of innocent holder in
such case................... . . . . . . . . . . . . . . . . . . . . . 1652
BILLS OF EXCHANGE AND PROMIS-
SORY NOTES.–Concluded.
Patent right, when a consideration, how
to be expressed. .............................. 1652
Penalty for not so expressing............... 1652
Right of indorsee or transferee,........... 1652
Prince Edward Island—Protests, &c., in. 1651
Protest of, in New Brunswick................ 1651
{ { “... [Nova Scotia ..................... 1651
“ “ Ontario............................ 1654
{ { ‘‘ Prince Edward Island....... 1651
{ { “ Quebec—Province of......... 1655
Qualified acceptance in P. E. I.............. 1651
Quebec—Province of............................. 1655.
Forms of notings, &c., in..................... 1655
See Schedule B. Form A. et seq....... 1657
Notaries fees in........................... ....... 1655
See Schedule B................................ 1656.
Penalty for noting or protesting with-
out authority................................... 1655
Schedule A. Protest and notice in Pro-
Vince of Ontario....................... 1655, 1656
Schedule B. Province of Quebec—
Notarial notice of a noting or of a pro-
test, &c., of a bill........................ G. 1660.
Notarial notice of protest for non-pay-
ment of a note ............................. H. 1661
Notarial service of notice of a protest,
&c................................................ I. 1661
Notice for non-acceptance............... :A. 1657
Protest, bill payable at a particular
place ........................................... O. 1658
Protest, payable generally............... B. 1657
Protest for non-payment of a bill noted
but not protested for non-accept-
all C6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D. 1658
Protest, note payable at a particular
place.......................... ................ F. 1659.
Protest, payable generally............... E. 1659.
Tariff of fees and charges.................... 1656.
When due............................................ 1649
Writing—Acceptance to be in............... 1650
BOARDS OF TRADE—An Act respecting
the incorporation of......................... 1733.
Arbitration—Board of........ … 1737
Board of arbitration.............................. l'737
Award of—Effect of........................... 1738
Examination upon oath by.................. 1738
Form of submission. See Schedule A... 1739.
Members of Council may be members of 1738
Members of, to be Sworn............ ......... 1738
Form of oath. See Schedule B......... 1739.
Powers of, how exercised.................... . 1737
Submission of matters to..................... 1737
By-laws, &c.—Power to make, repeal or
amend ............................................ 1735
Certificate of formation of..................... 1733.
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
BOARDS OF TRADE—Concluded. BRIDGES-Concluded.
Council–Powers of.............................. 1736 Application of Act................................ 1245.
Council to frame by-laws, &c., and sub- By-laws of company to be transmitted to
mit to corporation........................... 1737 railway committee............................ 1248
Domicile of.......................................... 1734 Changes and alterations in.................... 1246
Dominion Board of Trade....................... 1738 Company to furnish information............ 1246
Affiliation with................................... 1738 Copy of report to accompany order of
Delegates to, how elected.................... I 738 postponement ......... ........................ 1246.
Election of president and members of Engineer may order use of bridge to be
council .................. .......................... 1734 suspended....................................... 1247
First meeting for election of officers, &c. 1734 Engineer—Powers of............................. 1246.
Formation of................. * * * * * * * * * * * * * * * * * * * * * * * 1733 Evidence of authority ........................... 1246
“General Inspection Act”—Application Inspection not to relieve company from
to.................. ......... ............... ......... 1738 liability.......................................... 124'ſ
General quarterly meetings.................... 1734 Inspection of bridge reported unsafe...... 1246
Interpretation..................................... 1733 Interpretation “bridge,” “engineer,”
“Board of Trade.”............................. 1733 “railway committee "...................... 1245
“District.”......................................... 1733 Notice to be given before bridge is opened. 1245
Majority—Powers of............................. I'735 Orders of railway committee how notified. 1247
Meetings of council, how convened........ 1736 Penalties for—
Meetings of council to be open to mem- Neglecting to deliver returns............... 1249
bers......... .......... . . . . . . . . . . . . . . . . . . ........... 1737 Omitting to report accidents............... 1249
Minutes to be kept.............................. 1737 Opening bridge contrary to order of
Record of proceedings, how authen- railway committee........................... 1248.
ticated ............................................ 1737 Opening bridge without notice............ 1248
Members—Who eligible for, and how to Postponement if bridge reported unsafe. 1245
become .................. ........................ 1736 Power of engineer............... ......... ......... 1246
Notice of proposed by-laws to be given... 1735 Proceedings on receipt of notice............ 1245.
Officers and council of................., ........ 1734 “Railway Act”—Application of............ 1245
Power of council to appoint board of ex- Railway committee...................... 1246 to 1248.
aminers of inspectors............... - * * * - - - - 1738 Report of inspecting engineer................ 1245
Powers of persons incorporated.............. 1733 Report to the railway committee............ 1247
President and vice-president to take oath Return of accidents to be made.............. 1248
of office........................................... 1734 Form of.................. ......... ......... .......” 1248.
Form of oath .................... ................. 1735 Particulars of...........… 1248
Provision in case of failure of election..... 1734 Twice a year ................... . . . . . . . . . . . . . . . . . . . | 248
Recovery of subscriptions, &c............... 1737 Return shall be privileged..................... 1248
Proof in actions for............................. 1737 | BRITISH COLUMBIA—An Act respecting
Resignation of members......................., 1735 certain Public Lands in............. ...... SS'ſ
Schedule of forms— Bona fide settlers................................... S8'ſ
Oath of member of board of arbitra- Dominion Lands Board—
tion........' .................................... B. 1739 Duties of............................... . . . . . . . . . . . . . S88
Submission to board of arbitration....A. 1739 Jurisdiction of.................................... SS'ſ
Secretary of State—Certificate of forma- Powers of................................' ........" S88
tion to be sent to.............................. 1733 Entry—Lands open for.......................... S87
Special general meetings, how called...... 1736 Order in Council—Regulations by.......... 88'ſ
Vacancies in council, how filled ............ l'735 Peace River district—Lands in............... SSS
Vacation of offices................................. 1735 Railway purposes—Lands granted for..... SS'ſ
BREACHES OF THE PEACE. See Riots, Regulations by Order in Council............ 887
&c......................................... • * * * * * . . . . . . 1837 Sale of lands................................ “ S87
BREAKWATERS. See Harbors, Piers, &c. 1215 BRITISH COLUMBIA—An Act respecting
BREWERIES. See under “ Inland Revenue the application of the Criminal Law
Act”........ ~~~~…...…........ 471 of England to Ontario and............... 1829
BRIDGES. See Works constructed in or BRITISH COMPANIES-Loans in Canada
over Navigable Waters..................... 1243 by. See Loans in Canada, &c.. ....... 1689
BRIDGES-A in Act respecting.................. 1245 BUILDING OF FISHING VESSELS. See
Accidents—Company to report.............. 1248 Sea Fisheries, &c............................. 1273
10
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
BUILDING SOCIETIES, &c. See Wind-
ing-up Act......................................
BUOYS AND BEACONS, &c. See Light-
houses, &c., &c... ........................... tº
BURGI, ARY AND HOUSEBREAKING.
See Larceny Act..............................
CANADA—An Act respecting the Revised
Statutes of......................................
CANADA GAZETTE. See Public Printing,
&c,….. .......................................
CANADA TEMPERANCE ACT,..............
“County’—Meaning of.........................
Division of Act into three parts..............
First part.............................................
Interpretation .....................................
“Intoxicating liquors”—Meaning of......
Penalties and prosecutions for offences
against the second part......... ... • - - - - - - - -
Proceedings for bringing the second part
of the Act into force........................
Prohibition of traffic in intoxicating
liquors ...........................................
Schedule of Forms................................
Commission of deputy returning officer,
0.….........................
Directions for the guidance of voters, F.
Form of ballot paper, E...... ...............
Of declaration of agent, G..............
Of oath of secrecy, H......................
Of voters' list, I........... * * * * * * * * * * * * * * * * * * * *
1703
997
1909
ix
259
BUTTER—An Act to prohibit the manufac-
ture and sale of certain substitutes for 1329
BUTTER—Inspection of See General In-
Information to obtain search warrant, M
Notice to bring second part into force—
and petition, A................................
Oath of deputy returning officer, D......
Certificate, &c,................................
Oath of deputy returning officer at close
of poll, L......... ..............................
Oath of identity, &c., J......................
Oath of messenger, K..........................
Oath of returning officer, B.................
Certificate, &c.................................
Search warrant, N..............................
Second part..........................................
Short title.............................................
Third part.............................................
CANADA TEMPERANCE ACT First
part—Proceedings for bringing the
Second part of the Act into force......
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
1401
1401
140i
1401
1401
1401
1436
1438
'1437
1438
1438
1439
1441
1435
1 436
1437
1440
1439
1440
1401
I423
1406
spection Act................. º º w w e º e º 'º & e º 'º º e º 'º º ſº 1321
BUTTERINE. See Butter—An Act to pro-
hibit, &c......................................... 1329
CANADA TEMPERANCE ACT-Comtémued.
Declaration of, provided ..................... 1406
Form of. See Schedule G................ 1438
Substitute.......................................... 1406
To produce appointment..................... 1406
Ballot papers—Description of................. 1405
Form of. See Schedule E................... 1437
Bribery—Certain acts to be deemed........ 1417
Close of poll—Proceedings after............ 1411
Certificates to agents........................... 1412
Counting of votes............................... 1411
Delivery to returning officer................. 1412
Oath of person appointed to deliver
box........................... .................. 1412
Form of, See Schedule K............ 1440
Duty of deputy returning officer............ 14:11
Oath to be annexed to statement.......... 1412
Form of, See Schedule L................... 1440
Objections to ballot papers .................. 1411
Statement to be enclosed in ballot box... 1411
Contracts or promises relating to polling
votes, &c., void............................... 1422
Corrupt practices and other illegal acts—
Prevention of................................... 1417
Decision as to adoption—Effect of........... 1423
Enforcement of penalties....................... 1421
Declaration, pleading, &c., what to state. 1422
Security for costs to be given ............... 1421
Time for bringing action, &c............... 1422
General provisions................................. 1422
Mistakes of form not fatal..................... 1422
Mode of obtaining poll........................... 1401
Evidence of notice being given............. 1402
Notice required........... ....................... 1402
Form of, See Schedule A................... 1435
Petition required................................. 1401
Form of, See Schedule A.................. 1435
Proclamation—Contents of........... 1402, 1403
( { Publication of............... 1402
{{ When to issue............... 1402
Non-adoption of petition—Effect of......... 1423
Order in Council, how revoked............... 1423
Order in Council not to be revoked for
three years.................................... 1423
Peace and good order—Preservation of.... 1415
Penalties—Enforcement of..................... 1421
GENERAL INDEX. 11
The figures denote the pages which are numbered at the bottom.
CANADA TEMPERANCE ACT-Continued.
Petition, When adopted.......................... 1413
! { When not adopted.................... 1413
Poll—Close of Proceedings after.......... ... 1411
Poll—Mode of obtaining......................... 1401
Poll to be held, &c................................ 1406
Agents, oath of Secrecy........................ 1407
Form of, See Schedule\}{.................. 1438
Ballot box—Opening, &c,.................... 1407
Buildings in which, &c........................ 1407
Calling voters. .................................. 1407
Certificate to entitle certain, officials to
Vote............ ......... ......... ................. 1407
Declaration and form of oath of voter
where no lists of voters are required
by law........ & e º e º 'º e º e e º e º e o 'º e º 'º e s e º e º e º e º e º u e º e º e 1408
Elector in whose name another has
voted........................... ........ 1410, 14ll
Oath in such case, See Schedule J...... 1439
Elector may be sworn.......................... 1408
Elector spoiling his ballot.................... 1411
Entry of Voter's name ......................... 1410
Form of, &c., See Schedule I............. 1439
Hours for opening and closing.............. 1407
Interpreter—Provision for .................... 1409
Mode of voting ................................... 1409
Proceedings preparatory to voting........ 1408
Voter, refusing to be sworn.................. 1410
Voter, unable to mark ballot................ 1409
Oath in such case—Form of............... 1409
When no voters' lists are required by
law, &c........................................... 1410
Where electors shall vote..................... 1407
Who may be present......... ................. 1407
Preservation of peace and good order..... 1415
Approaching polling station armed...... l416
Arrest of disturbers of the peace........... 1415
Battery—Punishment of....................... 1416
Conservators of the peace ex officio........ 1415
Constables may be sworn in................. 1415
Entering polling district armed........... . 1416
Flags, &c., forbidden........................... 1416
Offensive Weapons.............................. 1416
Punishment for violation..................... 1417
Sale of liquor, &c......... ....................... 1417
Penalty for...................................... 1417
Treating electors................................. 1416
Prevention of corrupt practices and
other illegal acts.............................. 1417
Ballot papers—Offences with respect to. 1420
Punishment of............................ ..... 1421
Bribery—What offences constitute........ 1417
Accepting gifts, promises, &c........... 1418
Expenses which are excepted............ 1418
Giving or lending money, &c............ 1417
Making gifts or promises, &c............ 1417
CANADA TEMPERANCE ACT-Continued.
Procuring office or employment........ 1417
Punishment for............................... 14].8
Contravention by election officers how
punishable...................................... 142 1.
Giving meat or drink, &c.................... 1419
Penalty for..................................... 1419
Paying for conveyance of voters ........ . 1419
Penalty for neglect of duty by an elec-
tion officer ................................... 1421
Personation defined............................. 1420
Punishment for................................ 1420
Subornation, &c,................................ 1420
Threats of violence, &c....................... J419
Treating, offence defined..................... 1418
Penalty for ............... ..................... 1419
Undue influence................................. 1419
Penalty for............................ . ....... 1419
Printed directions for guidance of voters. 1405
Form of. See Schedule F................. J438
Procedure......... . ......... ........................ 1421
Property of ballot boxes, &c.................. 1413
Repeal of by-laws passed under “The
Temperance Act of 1864° and of
certain sections in that Act—Pro-
ceedings for........................ ......... 1424
Return to be sent to Secretary of State... 1413
How transmitted. .............................. 1413
What shall be transmitted with............ 1413
Returning officers and their duties ......... 1403
Ballot boxes to be furnished by............ 1405
Deputies, to be appointed by............... 1404
Commission of. See Schedule C ...... 1436
Oath of office of. See Schedule D...... 1436
Directions to be furnishedjby............... 1405
List of voters how obtained by ............ 1405
Penalty for refusing ........................ 1405
To be furnished by........................... 1404
Oath of office of ........................ : . . . . . . . . 1403
Form of. See Schedule B................. 1435
Polling stations to be fixed by.............. 1404
Qualified to vote—To ascertain who are 1404
To sub-divide localities into polling dis-
tricts................ .............................. 1404
Who may be appointed....................... 1403
Revocation of order in council how
effected...... ......... ........................... 1423
Scrutiny................... ......... ......... ......... 1414
Decision final—costs, &c..................... 1414
Judge in cases of................................ 1414
Notice of, how given........................... 1414
Proceedings upon application.............. 1414
Security, how given ........................... 1414
Second part of Act, how brought into
force on adoption of petition............ 1423
Where there are licenses..................... 1423
Paying money, &c................. * * * * * * * * * 141S
Where there are no licenses................. 1423
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CANADA TEMPERANCE ACT-Continued.
Secrecy of voting................... ......... ... 1414
Punishment for violation..................... 1415
Summing up the votes and returns......... 1412
Adjournment provided for .................. 1412
Ballot boxes–loss of............................ 1412
Ballot boxes—missing......................... 1412
Mode of, and in presence of whom........ 1412
Special mention in return.................... 1413
“The Temperance Act of 1864,” By-law
under—How repealed ...................... 1424
“The Temperance Act of 1864,” sections
1 to 10, how far repealed.................. 1424
Three years—No order in council to be
revoked for. ................................... 1423
Voters—Qualification of................ ... ...... 1403
Voting—Secrecy of............................... 1414
Witnesses not privileged....................... 1422
CANADA TEMPERANCE ACT-Second
part. Prohibition of traffic in intoxi-
Cating liquors ................................. 1425
Annual returns to be furnished...... * * * * * * * * * 1426
Burden of proof, &c.............................. 1427
Certificate of sale to be produced.......... . 1425
Distiller or brewer, &c.—Sale by............ 1426
Manufacturers of pure native wines—
Sale by.............. ............................. 1426
Medicinal and mechanical purposes—
Sales for ......................................... 1425
No liquor to be sold, &c., except for cer-
tain purposes.................................. 1425
Possession of certain licenses not to ren-
der Act lawful................................. 1425
Sacramental purposes—Sales for ........... 1425
Vine growing companies—Sale by . ....... 1426
Wholesale to certain persons ................ 1426
CANADA TEMPERANCE ACT. Third
part. Penalties and prosecutions for
offences against the second part....... 1427
Adjournment of trial in case of variance 1433
Amendment of information.................... 1433
Appeal When not allowed....................... 1434
Application to quash conviction to be
decided upon its merits .................... 1433
By whom penalties may be sued for......... 1427
Certiorari and appeal restricted ............
Collector of inland revenue—When he
1434
shall sue ......................................... 1427
Compounding offences .......................... 1434
Penalty for......................................... 1434
Convicting magistrate, &c., may order
that liquor seized be destroyed.......... 1429
Destruction of liquor............................. 1429
Information for search warrant..........., 1429
Form of See Schedule M.,.............. l441
Warrant to search.............................. 1429
CANADA TEMPERANCE ACT-Concluded.
Jurisdiction and procedure.................... 1428
Limitation of time for prosecution ......... 1429
Necessary allegations in proceedings...... 1430
Offences how to be described .............. ... 1430
Certain facts need not be alleged......... 1430
Exception as to quantity.................. 1430
Procedure—Jurisdiction and ................ i428
Evidence necessary to convict ............ 1431
Keeping of liquor, when inferred ......... 1431
Passing of money need not be proved... 1431
1431
Wife or husband, a competent witness... 1431
Proceedings before stipendiary magis-
trate, recorder, &c. ......................... 1428
Proceedings before two justices, &c....... 1428
Absence—Provision for...................... . 1429.
Summons how to be signed.................. 1428
Prosecutions—Before what tribunal they
may be brought in the Province of
British Columbia ................................ 1428
Manitoba............................................ 1428
New Brunswick ................................. 1428
Nova Scotia ....................................... 1428
Ontario.…. 1428
Prince Edward Island ........................ 1428
Quebec......... .................... ......... ......... 1428
Punishment of parties to compromise..... 1434
Punishment of Sale, &c......................... 1427
Employee—Liability of ....................... 1427
Forfeiture .......................................... 1427
Subsequent offence …~~~~ 1432
Amendment of second conviction in
event of first being set aside.............. 1432
Conviction may be for first offence only. 1432
Proceedings upon information for........ 1432
Proof of previous convictions...... ......... 1432
Second or subsequent offence—What
shall be deemed a conviction for....... 1432
Several offences same day—Convictions
for ..................... ......... .......... ......... 1432
Subsequent offence first enquired into
and ..................... ........................... 1432
Then previous convictions .................. 1432
Summary proceedings Act— -
Application of.................................... I429
Tampering with witnesses..................... 1434
“Temperance Act of 1864''........... 1430, 1434
Variances, defects and amendments ....... 1433
CANADIAN GOVERNMENT VESSELS
—Discipline, &c. See Government
Vessels Discipline Act............ ......... 1001
CANADIAN WATERS–Navigation of..... 1151
CANALS. See Railways and Canals......... 565
CANNED GOODS—An Act respecting...... 1399
Dried goods “soaked.”.......................... 1399
Form of. See Schedule N................ 1442
Interpretation...................................... 1399
GENERAL INDEX. 13
The figures denote the pages which are numbered at the bottom.
CANNED GOODS—Concluded. CENSUS ACT-Concluded.
Name and address of packer to be stamp- Fishing ........................…............... 893
ed on packages................................ 1399 Lumbering..................................... 893
“Package”—Meaning of expression...... 1399 Manufacturing................................. 893
Penalty for false date............................ 1399 Mechanical...................................... 893
( : for misrepresentation of contents 1399 Mining ........................................... 893
{ { for not stamping....................... l399 Trading.......................................... 893
UAPITAL PUNISHMENT. See Punish- Institutions........................................ 893
ments, Pardons, &c.......................... 21.89 Charitable....................................... 893
CARNALLY ENOWING YOUNG GIRLS. Educational .................................... 893
See Offences against the person......... 1893 Municipal....................................... 893
CARRIERS BY WATER—An Act respect- Occupied land—The condition of, as
ing the liability of........................... 121] Country.......................................... 893
Damages, &c. Iliability of, for...... 1211, 1212 Cultivated....................................... 893
Duties of............. ................................. 1211 Town ......…................................... 893
“Goods”—Meaning of........................... 1211 Uncultivated................................... 893
Interpretation ..................................... 1211 Village........................................... 893
Liability of, for damage to goods............ 1211 Population, &c................................... 893
Exceptions ........................................ 1211 | Directions, by Governor in Council........ 893
Liability of, for damage to personal bag- Districts—Division into census............... 894
gage of passengers........................... 1212 Enumerators—Appointment of......'....... 894.
Limit as to amount.............................. 1212 Duties of............................................ 894
Personal baggage, &c,.......................... 1212 Evidence—What shall be primâ facie...... 896
Responsibilities of................................ 1211 Forms and instructions to be prepared..... 893
Valuables, &c. ...................................... 1211 Forms to be prescribed.......................... 893
CASUALTIES AND SALVAGE. See How to be taken…: * * * * * * * * * * * * * * e a s sº
Wrecks and Salvage Act.................. 1 193 Inquiry under oath may be directed.…. S96
* : ; Minister of Agriculture—Duties of, in this
CATTLE-Contagious diseases among See connection....................................... 895
Animals Contagious Diseases Act..... 985 Oath of office to be taken....................... 895
CATTLE–Conveyance of. See Cruelty to Penalty for refusing, &c.
Animals, &c.................................... 1988 Access to public records ..................... 895
CENSUS ACT.......................................... 893 To answer questions.......... ................ 896
Access to public records........................ 895 To fill up schedule.............................. 895
Census districts—Divisions into............. 894 Presumption as to documents ............... 897
Census officers—Appointment of............ 894 Procedure to be followed....................... 893
Duties of............................................ 894 Public records—Custodians of................ 895
Civil Service Act not to apply................. 898 Recovery of penalties................... ....... 896
Commissioners—Appointment of............ 894 Remuneration of officials ..................... 897
Duties of........... ................................. 894 How and when to be paid............ ....... 897
Custodians of public records................. 895 Maximum rate of................................ 897
Dates to be fixed................................... 893 Out of what moneys to be paid............ S07
Letails required in reference to............... 893 Report to be laid before Parliament ....... 898
Classification as regards Requirement to fill up and sign schedule
Age............... . .............................. 893 —What shall be sufficient................. 897
Education....................................... 893 Short title............................................. 893
Occupation...................................... 893 When to be taken................................. 893
Race............................................... 893 Wilful neglect of duty, a misdemeanor..... 805
Religion.......................................... 893 CERTIFICATES TO MASTERS AND
Sex................................................ 893 MATES OF SHIPS–An Act respect-
Houses and other buildings.................. 893 ing......... ........................................ 1025
Classification as.............................. 893 Cancelled or suspended certificate to be
Dwellings inhabited...................... 893 delivered to Minister........................ 1032
Under construction.................... 893 New certificate may be granted............ 1032
Uninhabited.................... … 893 Certificate must be produced O Il applica-
Industries—State and resources of........ 893 tion for clearance............................. 1030
Agriculture .................................... 893 Penalty for contravention.................... 1031
14.
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CERTIFICATES TO MASTERS AND
MATES OF SHIPS–Continued.
Certificates of service may be granted to
certain persons who have served as
masters and mates, &c., &c.,....... 1027, 1028
Particulars to be contained in.............. 1028
Certificates to be in duplicate................ 1032
Clearance of vessel, how effected...... 1030, 1031
To be granted by officer of customs only
on production of certificate................ 1029
Copies of this Act, &c., to be kept at cer-
tain Custom houses... ...................... 1033
Employment of certificated second mate
not compulsory........ * * * * * * * * * * * * * * * * * * * * * * * * 1029
Entry of cancellation or suspension......... 1032
Evidence—Certified copies—When ......... 1033
Evidence—Prima facie......... ................. 1033
Examination of masters and mates......... 1025
Certificate of competency..................... 102.7
Certificates when granted........... * * * * * * * * * 1026
Examiners to be appointed .................. 1026
Failure to pass first ............................. 1026
Fees payable before............................. 1026
Inland vessels or coasters..................... 1026
Passing successfully............................ 1026
Rules respecting................................. 1026
Second examination............................ 1026
Where to be held................................. ] 026
Fees—Application of........................... ... 1033
Forgery or fraud with respect to any cer-
tificate–Penalty for......................... 1031
Instruction of candidates for examination
—Provisions for............................... 1033
Interpretation.................... .................. 1025
“Coasting voyage”........................... 1025
“Minister’’....................................... , 1025
“Sailing ship ’’........ & e e s e s - e < * * * * * * * * * * * * * * * * * s 1025
“Sea going ship” .............................. 1025
“Ship ’’......... ......... * * * * * * * * * * * * * * * * * * * * * * * * * * * 1025
“Steamship ’’ or “steamer’’................ 1025
“Voyage,” “passage ’’ or “trip”........ 1025
Merchant Shipping Act, 1854–How far
repealed......... ................................. 1033
Misconduct—Suspension, &c., in case of. 1032
No vessel to sail on inland waters without
certificated master........................... 1029
And a certificated mate in certain cases. 1030
Penalty for attempting to go to sea in
contravention of this Act.......... ....... 1029
Penalty on uncertificated persons acting
as masters or mates and on persons
employing them .............................. 1030
Exceptions ......... ................................ 1030
Record of certificates............................. 1032
Repeal of inconsistent Acts.................... 1033
Ships of over 100 tons not to cross the sen
CERTIFICATES TO
MASTERS AND
MATES OF SHIPS–Concluded,
Penalty for contravention.................... 1028
Steam tugs, &c.—Cases of, provided for... 1031
Suspension and cancellation of certifi-
Cates.................. ............................ 1032
CHILD STEALING. See Offences against
the Person ...................................... 1894
CHINESE IMMIGRATION ACT.............. 975
Application of dues, penalties, &c....... ... 978
Appointment of officers ........ * * * * * * * * * * * * * * * * 975
Arbitration—Proviso; as to .................. 979
Bill of health to be obtained ... ............... 976
Certificate of right to land..................... 977
Certificate to Chinese leaving Canada to
return ........... ......... ........................ 978
Duty payable by Chinese immigrants...... 976
Certificate proving exemption.............. 976
Exceptions......................................... 976
Forfeiture of vessel—When.................... 978
Immigrants arriving otherwise than by
Vessel.................. ......... .................. 977
Report to controller in such case ......... 977
Interpretation ............................ ......... 975
“Chinese immigrant”........................ 975
“Controller”.................................... 975
“Master”.......................................... 975
“Tonnage”....................................... 975
“Vessel”................................... © a tº e º 'º e 975
Landing of passengers of vessels carry-
ing Chinese immigrants, not allowed
till permit is granted........................ 976
Penalty for violation... ....................... 976
Liability, &c., of masters as to payment
of duty................... 4 * * * * * * * * * * * * * * * * * * * * * * * * 977
“Merchant”—Term limited................... 976
Number of Chinese in any vessel limited. 976
Penalty for landing Chinese before duty
is paid, &c. .......................... tº e e º 'º e s s is tº 978
For molesting officers.......................... 979.
For organizing unlawful court, &c....... 979.
For other contraventions..................... 979
On Chinese for evading this Act ......... 978
On other persons for aiding, &c........... 979
Permit not to be granted in certain cases 976
Powers of Governor in Council.............. 975.
Interpreter may be appointed............... 975
Officers—Appointment of.................... 975
Duties of.............................. 975
Salaries, &c., of.................... 975
Publication of appointments.................. 975.
Registration of certificates..................... 977
Resident previous to January 1, 1886...... 977
Short title. ......... ................................ 975
Statement to be sent by controller to
Prov. Sec. of each Province wherein
without certificated master and mate. 1028
certificates of entry have been granted 978
GENERAL INDEX. - 15
The figures denote the pages which are numbered at the bottom.
CHINESE IMMIGRATION ACT-Concluded. CIVIL SERVICE ACT-Continued.
Suits—Before whom to be brought ........ . 979 Inside division........ * * * * * * * * * * * * * * * * is e tº se s s a e º is e º e 204
CIGARS. See Inland Revenue................. 4.25 And see Schedule A.................... .… 21'ſ
CIVIL SERVICE ACT.................. s & ſº º e º & © & © & 203 Interpretation—
Additional remuneration....................... 215 | “Auditor General ”..................... … 203
Ages of appointees................................ 205 “Deputy "................................ * - - - - - - - - 203:
Annual report of Secretary of State........ 217 “Deputy Head,” &c........................... . 203
Appointment, &c., after July 1, 1882...... 208 “Head of Department "................. ... 203
Appointments, how to be made............. 205 Leave of absence................................. 214
Attendance book to be kept.................. 216 Minimum salary and increase............. ... 207
Board of examiners............................... 204 New appointments................................ 21()
Certain payments, to be made only under Notice of examinations.......................... 212
order in Council............................... 215 Number of employees — Governor in
Chief clerkship, how created................. 206 Council to determine....................... 204
Salary of chief clerks.......................... 206 Oaths of office.......... ............................ 216
Constitution of ................................... 203 And see Schedules.............................. 220
Deduction from salary........................... 215 Offices requiring special qualifications.... 210
Deputy Heads— Outside division.................................... 204
Appointment of.................................. 206 And see Schedule B............................. 21'ſ
Duties of............................. .............. 206 Powers of Governor in Council not im-
In absence of Who to act................... 206 paired ............... * * * * * * * * * * * * * * * * * * s sº e s e e s e a e 216
Salaries of......................................... , 206 Private Secretaries................................ 214
Divisions of service................................ 204 Probationary clerks, &c......................... 210
Employees on the 20th July, 1885........... 204 Promotion subject to probation.............. 213
Employment of supernumerary clerks.... 213 Promotions in either division................. 21]
“ of temporary clerks.......... 213 | " Examination when required............. 211, 212
Examination of candidates................... . 208 Excisemen—no examination required... 212
Age................... ......... ....................... 209 Inside division—Vacancies in............... 211
Character ........................... ............... 209 Professional men—Examinations dis-
Fees .................................................. 209 pensed with, how and when.............. 212
Language—English and French........... 209 Vacancies in inside division. ............... 211
List to be published............................ 210 Re-entering service .............................. 215
Notice of time and place. .................... 209 Register of oaths of office...................... 216
Physical defects................................. 209 Rules and regulations ........................... 204
Regulations for holding....................... 209 Salaries, &c., of certain officials not pre-
Subjects of......................................... 210 judicially effected by this Act........... 216
To whom open.................................... 209 Salaries, specified and explained...... 205 to 208
Examination—Notice of........................ 212 Of outside division.............................. 207
Examinations, dispensed with when...... 211 And See Schedule B......................... 21'ſ
When, where and how to be held......... 205 ScheduleS— -
Exchange of positions without examina- Customs. .......................................... 217
tion.................. ..................... ......... 213 Inland revenue. ................................. 218
Extra salary, when................................ 215 Inside division A. ................................ 2] T
Examiners—Board of............................ 204 Inspector of penitentiaries .................. 220
Assistants.......................................... 205 Oaths of office.................................... 220
Meetings ......... ......... .......................... 205 Outside division B.............................. 217
Salary of............................................ 205 Post office.......................................... 218
Secretary of......... • * * * * * * * * * * * * * * * * * * * g º º ſº tº e º dº º ſº 204 Assistant inspectors......................... 218
Secretary of State shall supervise Board 205 Assistant postmasters ..................... 220
Travelling eXpenses............................ 205 City postmasters............................. 219
First class clerkship, how created........... 206 Clerks in city post offices.................. 220
Salary of first class clerk..................... 207 Inspectors..................... .................. 21S
Increase of salaries–Conditions of......... 208 Marine mail clerks.................. , s e º 'º e s e s is 219
Increase of salary, when to begin.......... 208 Railway mail clerks........... * * * * * * * * * * * * * * * 219
In case of promotion........................... 208 Second class clerkships how created....... 207
Inferior officer performing duties of Su- Salary of second class clerks ............... 20'ſ
perior ............................................. 215 Selection for higher class vacancies........ 212
16
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CIVIL SERVICE ACT-Concluded.
Supernumerary clerks.......................... 213
Suspension and removal............... ......... 215
Suspension of increase of Salary ............ 208
Third class clerkship, &c., how created... 207
Salaries in such cases.......................... 207
Unauthorized absence........................... 215
Vacancy in office of Auditor General...... 211
Yearly civil service list to be printed and
laid before Parliament ..................... 2I'7
Yearly estimate of probable vacancies to
be made........................................” 212
CIVIL SERVICE SUPERANNUATION
ACT............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
Abolition of office...... ..................... ...... 22
Application of Act.........................…. 221
“Civil Service Act—The ”...................... 221
Compulsory retirement......................... 22
Deductions from Salaries....................... 222
Diminution of one per cent................... . 223 |
Discretionary power of Governor in
Council......... ........................ ......... 224
Full superannuation allowance............... 223
Gratuity when allowed......................... 223
In case of injury, &c........................... 223
Inquiry by Treasury Board. ......... ......... 222
Payment of allowances, &c................... 224
Pensioners under sixty.......................... 224
Professional men, &c............. ............... 222
Rates of allowance................. ............... 222
Report of superannuations.............. ....... 224
Report of Treasury Board...................... 222
Service before confederation.................. 224
Short title........... ......... ........................ 221
Superannuation............... . . . . . . . . . . . ......... 221
Superannuation from other cause than
ill-health...................... .................. 223
CLAIMS TO LAND IN MANITOBA......... 709
CLASSIFICATION OF SHIPS. See Regis-
tration and classification of ships...... 1007
CLERGYMAN–Obstructing or assaulting.
See Religion—Offences against......... 1869
COASTING TRADE OF CANADA—An
Act respecting the........................... 1213
British ships—Exclusive right of............ 1213
Penalty for contravention.................... 1213
“British ships”—Meaning of.................. 1213
Coasting trade–Reciprocity in .............. 1213
“Customs Act”—Application of............ 1213
Foreign steam vessels towing, &c........... 1213
Foreign vessels privileged by treaty........ 1214
Forfeitures, penalties, &c.............. ....... 1213
Imperial Act 32 Vic.; c. 11..................... 1214.
Interpretation...................................... 1213
“Merchants Shipping Act, 1854 °........... 1213
Penalties and forfeitures........................ 1213
COASTING TRADE OF CANADA—Concluded.
Towing vessels..................................... 1213
Treaty—Foreign vessels privileged by..... 1214
COIN–Offences relating to the.................. 1955
Application of penalties........................ 1962
Buying or selling counterfeit gold or silver
for lower value than its denomination
imports.......................... .......... 1956, 1957
Coining press or cutting engine—Making,
mending, having, &c........................ 1960
Coining tools—Making, &c.......... tº g º ºs e º e g º e 1960
Coloring coin or pieces of metal, &c....... 1956
Coloring or altering genuine coin........... 1956
Conveying tools or moneys or metal out
of the mint without authority........... 1960
Counterfeiting current gold or silver coin 1956
Counterfeiting, &c., copper coin or buy-
ing or selling it for less than its de-
nomination imports.......................... 1958
Counterfeiting foreign coin other than
gold or silver................................... 1959
Bringing such into Canada.................. 1959
Having such coin in possession............ 1959
Penalty for uttering ........................... 1959
Second offence................................. 1959
Subsequent offences.......................... 1959
Custody or possession—Having in, what
it includes....................................... 1955
Cutting coin suspected, &c..................... 1960
Disputes, how decided ........................ 1961
Loss in such case—Who shall bear........ 1961
Revenue officers to destroy counterfeit
coin............................... *..…....... 1961
Defacing the coin by stamping words
thereon .......................................... 1958
Uttering coin so defaced....................... 1958
Edging instruments—Making, mending,
having, &c...................................... 1960
Exporting counterfeit coin..................... 1957
Interpretation...................................... 1955
“Copper or brass coin "..................... 1955
“Current coin " ................................ 1955
“Current copper coin "....................... 1955
“Current gold or silver coin "............ 1955
“False or counterfeit coin, &c.”.......... 1955
Manufacture and importation of uncur-
rent copper coin.............................. 1961
Circulation of such coin..................... 1961
Forfeiture of, on proof........................ 1961
Officers of customs may seize .............. 1962
Penalty and forfeiture .................... ... 1961
Recovery from the owner in certain cases 1962
Seizure of such coin .......... … 1961
When the penalty shall be enforced...... 1962
Passing light gold or silver coin ............ 1957
Penalties—Application of ..................... 1962
Reciprocity in-Provisions in such case. 1214
Subsequent offences after conviction...... 1957
GENERAL INDEX. 17
The figures denote the pages which are numbered at the bottom.
• *-* ----- * *-* * * *-*.*.*-* * * * * *- : * * * * * *-* * *-** ~ **-* <!--> -- - - -- ~~~~~ *
COIN–Concluded.
Unlawful possession of filings or clippings
of gold or silver coin........................ 1956
Uttering base copper coin . ................... 1958
Uttering counterfeit gold or silver coin... 1957
TJttering foreign coin, medals, &c., as
current coin with intent to defraud... 1958
Uttering unlawful Copper coin............... 1962
Forfeiture .......................................... 1962
Recovery of penalty........................... 1962
When the offence of counterfeiting shall
be deemed to be complete ................. 1961
COLLEGE–The Royal Military................ (343
COMMISSIONS. See Public Officers, &c. 227
COMMONS-An Act respecting the House
of. See House of Commons, &c........ 191
‘COMMONS-Election of Members of the
House of. See Dominion Elections
Act ................................................ 89
COMMONS-House of See Representa-
tion Act. ......................................... 47
And see Senate, &c., &c...................... 179
COMMONS—Members of House 6f, may
resign....... • * * * * * * * * * * * * * * * * * * * e º $ tº e º ºs e e g tº tº g g g g g tº 192
COMMUTATION OF SENTENCES. See
Punishments, Pardons, &c............... 21.89
COMPANIES ACT ................................. 1571
Actions between Co. and shareholders... 1586
Acts of attorney valid ........................... 1588
Agencies of the company....................... 1585
Allotment of stock... ............................ 1577
Bank notes—Proviso ; as to .................. 1588
Board of directors................................. 1577
Bonds, &c.—Issue of....................... 1579, 1580
Books of the Co., what to contain.......... 1581
Forfeiture for neglect to keep.............. 1582
Open to inspection, &c,....................... 158]
Penalties for false entries in................. 1582
Prima facie evidence. ......................... 1582
Borrowing money .......................... 1579, 1580
IBy-law for increase or decrease of number
of directors..................................... 1577
By-laws—Confirmation of..................... 1579
{ { . Evidence of........................... 1586
Calls. ......... ......... ................................. 1580
Directors may make ........................... 1580
Enforcement of payment of.................. 1581
Forfeiture of shares for non-payment of 1580
Interest on Overdue............................. 1580
Payment of, in advance....................... 1580
Interest thereon .............................. 1580
‘Capital, &c.—Increase or reduction of.... 1575
€apital stock........................................ I577
Company—Powers of the...................... 1576
Confirmation of by-laws ....................... 1579
€ontracts by agents, &c........ • * * * * * * * * * * * * * * * * 1588
Corporation—Mode of how set forth, &c. 1586
B
COMPANIES ACT-Continued.
Debt to Co. may be deducted from divi-
dends.......................... & is © tº e º ºs º is tº e & e º e º 'º gº a 1579
Directors and officers—Liability of......... 1584
Directors—Board of.............................. 1577
Directors—Liability of.......................... 1584
Declaring a dividend when Co. insol-
Vent ... ........ ......... ........................... 1584
How liability avoided......................... 1584
Wages of clerks, &c............................ 1585
Directors—Powers of ..................... 1578, 1579
Directors, When indemnified.................. 1590
Neglect—Exception in case of.............. 1590
Dividend not to impair capital......... ..... 1587
Domicile, Service of process................... 1585
Election of directors.............................. 1578
Evidence of by-laws............................. J 586
Existing companies, Provisions as to
charters under this Act.................... l687
Effect of charters................................ 1587
Extended powers................................ 1587
Supplementary letters patent............... 1587
Failure to elect directors, Remedy.......... 1578
Fees on letters patent, how fixed............ 1590
May be varied .................................... 1590
Must be paid in advance ..................... 1590
Forfeiture of charter by non-user........... 1590
Further powers—Obtaining of............... 1574
General corporate powers.............. • * * * * * is tº 1576
General provisions................................ 1587
Incorporation, how to be set forth......... 1586
Increase of capital, &c.................... 1575, 1576
Informalities, &c., in letters patent........ 1588
Interpretation...................................... 1571
“Loan company ”.............................. 1571
“Manager’’....................................... 1571
“Real estate ’’ or “land ”.................... 1571
“Shareholder ".................................. 1571
“The company''................................ 1571
“The undertaking''........................... 1571
Issue of bonds, &c........................... 1579, 1586
Letters patent ...................................... 1571
Facts to be recited in .......................... 1573
Gov. in Council may give another cor-
porate name.................................... 1573
Incorporation by ................................ 1571
Notice of application for ............ * * * * * * * * * 1572
Notice of issuing........... ............ ........ 1573
Form of See Schedule A................ 1596
Petition for and what it shall contain... 1572.
Preliminary matters........................... 1573–
Liability of directors and officers............ I584.
Liability of shareholders........................ 1583
Creditors' claims against shareholders,
how enforced......... .......................... 1584.
For amount of shares not paid up......... 1584
18
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
COMPANIES ACT-Continued.
Limited to amount of Stock ................. 1583
Limitation of time for actions against
directors ......................................... 1585
“Limited ”—Word to be inserted in all
notices ........................................... 1588
Penalty and liability for violation ....... 1589
Loan by Co. to shareholders not allowed. 1585
Liability of directors.......................... . 1585
Loan companies excepted ................... 1585
Loan companies. See “Companies Act—
Loan Companies” ........................... 1591
Loan companies—Proviso; as to............ 1576
Mode and times of election of directors... 1578
Mode of corporation how to be set forth
in legal proceedings ........................ 1586
Money–Borrowing ...................... 1579, 1580
No individual liability ........................... 1588
Obtaining further powers ..................... 1574
Application for, by directors............... 1574.
Directors, how authorized to apply for. 1574
Grant of supplementary letters patent. 1574
Notice of application for ..................... 1574.
Notice of issue thereof........................ 1575
Form of. See Schedule B. ............... 1597
Proof to the Secretary of State ............ 1574
Officers, &c.—Liability of....................... 1584.
Offices and agencies of the Co................ 1585
Person on whom, and place where process
may be served................. * * * * * * * * * * * * * * * * 1585
Powers of directors .............................. 1578
Process—Service of .............................. 1585
Proof of incorporation........................... 1586
Prospectus, what to specify .................. 1589
Fraudulent—When deemed to be......... 1589
Provisional directors ............................ 1577
Qualification of directors....................... 1577
Reduction of capital, &c................ 1575, 1576
Residence of directors........................... 1577
Restriction as to transfer....................... l683
Schedule—
Notice of letters patent .....................!A. 1596
{ . Supplementary letters patent
for increase of capital.....C. 1597
* { supplementary letters patent
for increase of powers.....B. 1597
Seal when not essential.......................... 1586
Service of notice by post. ...................... 1586 |
* : upon members.............. 1586
of process........ * * * * * * * * * * * * * * * * * * * * * * * * * * * 1585
Shareholders—Liability of..................... 1583
Shares to be paid in cash unless, &c....... 1577
• { —Transfer of ............................ 1582
Short title ........................................... 1571
Special general meetings ....................... 1587
Statement to be laid before meeting for
COMPANIES ACT-Comtén?zed.
Supplementary letters patent
Change of name................................. 1573
Co. may obtain change of name.......... 1574.
Not to affect rights, &c. ...................... 1574.
Transfer of shares................................. 1582
By debtor to Co................................. 1583
By personal representative.................. 1583.
How directors may avoid liability......... 1582
Liability of directors as to.................... 1582
Order of court on application for ......... 1583
Trusts—Co. not liable in respect of......... 1589.
United Kingdom—Agencies in............... 1587
COMPANIES ACT-Loan Companies...... 1591
Annual statement to Finance Minister..... 1596
Private matters—Proviso as to ............ 1596
What it must show.............................. 1596
Borrowing powers of Co......... .............. 1592
Commission—Co. may charge............... 1594
Companies now incorporated—Proviso;
as to......... .................. .......... ......... 1593
Debentures—Amount to be borrowed on,
limited...... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1593.
Deposit—May receive money on.............. 1592
Enforcement of conditions..................... 1592
Fines—Proviso; as to............................ 1594
Interest—What, may be recovered ......... 1594.
May act on their own behalf or as agents
for others......................................... 1591
Paid up capital—Minimum amount of...... 1593
Powers of............................................. 1591
Real estate—Power to hold..................... 1593.
Register of Securities............................. 1594
Security to be given by......................... 1592
Shares—Amount of.................... … 159]
Stock in other companies—Not to pur-
chase.............................................. 1593
Uniting with other like company............ 1594
Agreement adopted to be filed with Se-
Cretary of State................................ 1595
Approval of shareholders................. .... 1595
Business of both companies vested in
D&W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ 1596.
Saving rights of third parties............ 1596
Copy of agreement evidence................. 1595
Effect of agreement when complete....... 1595
How agreement to be made and what to
provide........................................... 1594.
Letters patent to the new company...... 1595
Notice of meeting for........................... 1595,
Proceedings at meeting........................ 1595.
COMPANIES CLAUSES ACT................ J56]
Actions between company and sharehol-
ders................................................ 1570.
Allotment of Stock................................ 1564
election of directors..........................
1590
GENERAL INDEX. 19
The figures denote the pages which are numbered at the bottom.
COMPANIES CLAUSES ACT-Comtºmwed.
Books of the Co.................................... 1565
Contents of........................................ 1565
Evidence—Prima facie........................ 1566
Open to inspection.............................. 1566
Penalty for false entry in..................... 1566
Penalty for neglect to keep open.......... 1567
Transfers—Powers of directors as to...... 1566
Walid only after entry in................... 1566
Calls—Capital stock and..................... ... 1564
Calls on Stock........................................ 1564
Capital stock and calls thereon............... 1564
Companies to which Act applies............ 1561
Company—Books of the ........................ 1565
Liability of the.................................... 1568
Not to purchase stock in other corpora-
tions................... ........................... 1569
Contracts, &c., when binding on the Co. 1568
Corporate powers of companies.............. 1562
Directors.................. ........................... 1562
By-laws—Provision as to..................... 1564
Duties and powers of........................... 1562
Election of.......................................... 1562
Mode of election of.............................. 1563
Number of.......................................... 1562
Powers of, in detail..................... 1563, 1564
Provisional......................................... 1562
Qualification of.......................*.......... 1562
Shall elect president and other officers. 1563
Term of office of............ .................... 1562
Enforcement of payment of calls............ 1564
Evidence of by-laws.............................. 1564
Forfeiture of shares.............................. 1565
General pOWers ............................ ....... 1562
Incorporation with the special Act—How
provisions of this Act may be except-
ed from .......................................... 1562
Instalments, how called in, &c.............. 1564
Interpretation........... e º e s e e º e º s a tº a sº e s tº e s e º e º e º 'º e 156]
“Real property "....... . . . . . . . . . . . . . . . . . . . . . . . . 1561
“Shareholder”................................... 1561
“The company”................................ 1561
“The special Act "............................. 156]
“The undertaking”........................... 156]
Liability of directors declaring a divi-
dend when Co. insolvent.................. 1568
How avoided...................................... 1568
“Limited liability”...... .......... .............., 1569
Loans by Co. to shareholders forbidden... 1569
Non-liability in respect of trusts, &c...... 1568
Restrictions as to transfer..................... 1565
Service of process on Company. ............. 1569
Shareholders.............................. .… 1567
Liability of limited.............................. 1567
One-fourth in value may call special
meetings........................................ 1567
Trustées, &c., not personally liable...... 1567
COMPANIES CLAUSES ACT-Concluded.
Trustees, &c., voting—Right of as to..... 1567
Vote—No right to, if in arrears............ 1565
Short title ............................................ 1561
Stock—Capital, and calls thereon........... 1564
Stock to be personal estate .................... 1564
Wages, &c.—Liability of directors for...... 1569
Provišoes...... .................................... 1569
Winding up Acts—Application of.......... 1570
CONDITIONALLY FEEPEALED—Acts
and parts of Acts. See Schedule C... 2317
CONSOLIDATED–Acts and parts of Acts
*
not. See Schedule B....................... 2299
CONSOLIDATED REVENUE AND
AUDIT ACT. See Audit Act........... 265
CONSPIRACY. See Threats, &c.............. 1998
CONTAGIOUS IDISEASES. See Animals
Contagious Diseases Act.................. 985
CONTINGENCIES ACT........................... 239
Accountant of contingences.................. 240
Accounts how rendered and certified...... 239
Application of Act................................ 239
Auditor General—Accounts to be sub-
mitted to ......... .........................… 240
Bank certificate.................................... 240
Certificate shall contain, what.......... … 239
Deputy Heads to give orders.................. 239
Estimates for contingencies.................. 240
Government buildings—Expenses of...... 24l
Monthly account in detail..................... 240
Outside service included........................ 241
Parliament—Accounts to be laid before... 241
Short title............................................. 239
Statements of claims............................ 240
Treasury Board—Accounts submitted to. 240
Vouchers to accompany statements ....... 240
CONTROVERTED ELECTIONS ACT. See
Dominion Controverted Elections Act 149
COPYRIGHT ACT. ................................. 925
Anonymous books may be entered in
the name of first publisher.............. ... 927
Assignee of author may obtain copy-
right............................................... 928
Assignments and renewals.................... 928
Assignments may be made.................... 928
Duplicates, how disposed of................. 928
Registration of........... ......................... 928
British copyright works—Conditions in
reference to............................... ~. 926
Condition for obtaining......................... 926
Conflicting claims to copyright.............. 929
How settled ...................................... 929
Effect of decision............................. 929
Copies to be sent to the library of Parlia-
ment......... ...................................... 927
Deposit of copies, &c., with the Depart-
ment ............................ * tº s tº e º º º ſº tº ſº tº tº £ tº E tº gº . 927
B}
20
GENERAT, INDEX
The figures denote the pages which are numbered at the bottom.
COPYRIGHT ACT-Continued.
Fees—Table of......................................
No exemption from payment of............
To be in full of all services. .................
To form part of Consolidated Revenue
Fund.................. • * * * * * * * * * * * * * * * * * * * * * * * * * * *
Foreign reprints....................... * * * * * * * * * s a e s
General provisions concerning...............
Certified copies and extracts...............
Clerical errors....................................
Newspapers, magazines, &c.................
Rules, regulations, forms, &c,..............
Scenery, &c,...... ....................... .......
Immoral, &c., and seditious Works.........
Its effect.............................................
Notice to be given...............................
Interpretation........ * * e º e º e º sº e a tº $ e s tº s & e º te e º 'º e º 4 e º 'º
“Department.”........... • g & Q & © tº t t e º & a t < * * * * * * * * *
“Legal representatives.”....................
“Minister.”.......................................
Licenses to re-publish...........................
Limitation of actions........ • * * * * * * * * * * * * * * * * * * * *
930
:
9
9
:
9
9
3
Notice of copyright to appear on the
Work ........................ .....................
Form of and exception........................
Offences and penalties..........................
Forfeiture, &c,...................................
Fraudulent assumption of authority.....
Infringement of copyright of book.......
( & { { ‘‘ painting.
print, &c.
Making false entries...... .....................
Misdemeanor—What constitutes..........
Pretending to have copyright........ tº a t e º e
Registering interim copyright without
publishing ......................................
Penalties—Offences and,.......................
Punishment of pretended agents...........
Record of copyright..............................
Recovery and application of penalties.....
“Registers of copyrights.”....................
Registration of work first published in
separate articles in periodical...........
Registration through agent...................
Renewal of copyright...........................
Conditions of.................. ..................
( { { { { {
Term of 28 years................................
Renewals—Assignments and..................
Rules, regulations, forms, &c., may be
made by Minister.............................
Second and subsequent editions..............
Short title ......................... '• * * * * * * * * * * * * * * * * * *
931
927
925
COPYRIGHT ACT-Concluded,
Subjects of copyright and conditions to
be complied with............................. 925
Term of copyright limited...................... 926
Translations.......................... * * * * * * * * * * * * * * 926
Who may obtain................................... 925
CORN–Inspection of See General Inspec-
tion Act.......................................... 1300
CORRUPT PRACTICES AT ELECTIONS
OF MEMBERS OF THE HOUSE OF
COMMONS-An Act respecting in-
quiries as to......... ........................... 173
Adjournment—Provisions as to............. 174
Application of deposit money................. 17S
Commission of inquiry may issue.......... , 173
Commissioner's oath of office. .............. 174
Who may be appointed........................ 173
Contempt—Who guilty of..................... 176
Decease, &c., of commissioner ............... 174
Deposit of petitioner.............................. 178
Duties of commissioners........................ 175
Expenses of commissioners.................... 177
Former elections................................... 175
Meetings, where to be held ................... 174
Notice of appointment, &c..................... 174
Officers of justice—Duties of.................. 177
Papers—Production of .......................... 175
Petitioner"must deposit $1,000............ ... 178
Place of meeting................. - * * * * * * * * * * * * * * * * . 174
Powers of commissioners........ ~~~~ 175
Proceedings, &c................................... 174
Prosecution of guilty parties................. 177
Protection of commissioners.................. 177
Punishment for disobeying summons..... 176
For refusing to answer.............. # * * * * * * * * * 176
Report to be laid before Parliament........ 175
Report to Governor General.................. 175
Secretary, &c., to commission ............... 174
Swearing witnesses....................... * * * * * * * 175
Witness—Privilege of........................... 176
Witnesses—Attendance of.................... . 175
Remuneration of................................. 177
CORRUPT PRACTICES, &c.—Summary
trial of. See Dominion Controverted
Elections Act.................................. 168
CORRUPT PRACTICES.–Prevention of.
See Dominion Elections Act............., 113
COUNTERFEITING, &c. See Coin—Of-
fences relating to the ....................... 1955
COURTS. See Judges of Provincial Courts 1797
COURTS OUT OF CANADA—Evidence
relating to, &c. See Evidence relat-
ing to proceedings, &c,.................... 1809
CRIMINAL CASES-Procedure in. See
Criminal Procedure Act ........ * . . . . . . . . . 2001
CRIMINAL JUSTICE—Summary adminis-
tration of. See Summary Trials Act. 2105
GENERAL INDEX. 21
The figures denote the pages which are numbered at the bottom.
CRIMINAL LAW — Actions against per-
Sons administering ........ & sº a tº e º º ºs e º 'º * * * * * * * 2.245
. CRIMINAL LAW OF ENGLAND–An Act
respecting the application of the, to
the Provinces of Ontario and British
Columbia ................................. ..... 1829
CRIMINAL PROCEDURE ACT ............. 2001
Accessories, where to be tried ............... 2006
Accused—Enforcing appearance of......... 2009
Amendment .................... ................... 2059
Court may order indictment to be
amended ........................................ 2059
Formal record, how to be drawn up...... 2060
How trial may be proceeded with after. 2060
In case of trial before a second jury...... 2060
Indictment—Amendment of ....... • * * * * g e g ... 2038
Order to be recorded........................... 2060
Verdict, &c., to be valid after ............. 2060
Amendment of indictment, &c.............. 2038
Appearance of accused—Enforcing......... 2009
Appearance—Proceedings on................. 2016
Apprehension of offenders..................... 2008
By any person for certain offences ....... 2008
By person to whom property is offered
for sale .......................................... 2008
Coinage offence—Arrest of person com-
mitting .......................................... 2009
Constable or peace officer, when he
may arrest without warrant .......... 2008
Detention of person so arrested
limited ........................................ 2008
Offenders caught in the act in the night
time ............................. .................. 2008
Without Warrant. When ....................... 2008
Bail...................................................... 202]
Felony not capital—Two justices may
admit person charged with, to ...... 2021
Form of recognizance. See Schedule
S................................................. 2088
Notice of recognizance. See Sched-
ule S. 2 ....................................... 2089
Misdemeanor—One justice may admit
to................................................... 2022
Offences which are not bailable except
by judge's order................ . . . . . . . . . . . . . . . 2022
Superior or county court judge—Pow-
ers of as to .................................... 2022
Warrant of deliverance—When justice
shall issue...................... ............. 2022
Form of. See Schedule S. 3.............. 2089
Bringing stolen property into Canada
Venue, in such case.......................... 2007
Cause of death in Canada and death out
of Canada or vice versa how and
where tried....................................., 2003
CRIMINAL PROCEDURE ACT-Continued.
Change of venue.................................. 202'ſ
Order how and when granted............... 2027
Payment of expenses.......................... 2027
Recognizance to apply in Suce case...... 2028
Notice in such case.......................... 2028
Removal of prisoner ........................... 2027
Transmission of reco; d........................ 2027
Coroners and justices—Duties of............ 2024
Corporations ....................................... 2039
Certiorari—Writ of, not necessary........ 2040
Court may order plea of “not guilty”
on default to appear........................ 2040
JDistringas—Writ of, not necessary...... 2040
To appear and plead by attorney......... 2039
Trial may proceed in absence of defen-
dant............................................. ... 2040
Costs................................................... 2061
On conviction for assault defendant
may be ordered to pay prosecutor's
Costs.............................................., 2061
Such costs may be levied by distress..... 2062
Counterfeit coin to be destroyed............. 2052
Crown cases reserved........................ ... 2064
Case may be sent back for amendment. 2066
Committal or admission to bail in such
C&SCS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2064
Judge to state and sign a case............. 2065
Transmission of the case.................. 2065
Judgment, how to be delivered............. 2066
Judgment or order, how to be certified. 2065
Effect of such certificate................... 2065
Entry and certificate thereof............ 2065
Proceedings in court for............. ......... 2065
Question of law reserved, when... ....... 2064
Defects which are not to stay or reverse
judgment after verdict..................... 2061
Defects which are not to vitiate judgment
after verdict or conviction by confes-
sion or otherwise ............................. 2060
Delivery of accused to prison.......... e - e º e º e 2023
Keeper of gaol or prison to give a receipt 2023
Form of receipt. See Schedule T... 2090
Destroying counterfeit coin................... 2052
Dissolution of union of counties—Provi-
Sion in such case............................. 2004
Place of trial of indictable offence in
such case........................................ 2004.
Documents—Impounding ...................., 2052
Duties of coroners and justices.............. 2024.
Habeas corpus—Same order to be made
&S ll DOll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2025
Murder or manslaughter—Cases of ...... 2024
Penalty on, for disobedience ............... 2025
Transmission of all information and
documents to the proper officer ......... 2025
Challenges. See Juries and Challenges. 2040
Enforcing appearance of accused............ 2009
22
GENERAL INDEX. .
The figures demote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT-Continued.
Grand jurors.
Grand jury—Swearing witnesses before... 2044
Bench warrant not prevented............... 2010
Charge or complaint before justice of
D€8 C6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2009
Form of. See Schedule A................ 2069
Constables to attend and prove service. 2011
High seas—Indictable offences commit-
ted on the................................... , 2009
How and where warrant may be exe-
cuted .......................................... 2012
Indorsement of warrants.................... 2013
Effect of ........................................ 2013
Proceedings after arrest in such case. 2013
Information and complaint for a sum-
Ill OilS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2011
Information upon oath if a warrant is to
be issued ..................................... 2011
Form of. See Schedule A................. 2069
Justice may issue summons or warrant,
&c............................................... 2011
Service of summons............................ 2011
Summons may issue............................ 2009
Form of. See Schedule C................. 2070
Sunday—Warrant may issue on ........... 2011
Warrant, how to be issued and sealed,
and to whom to be addressed............ 2012
What it shall set forth ..................... 2012
Seal and effect thereof...................... 2012
Warrant if summons is disobeyed. 2009, 2011
Form of. See Schedule D................. 20'71
Warrant to apprehend ........................ 2009
Form of. See Schedule B................. 2070
Warrant to apprehend a person against
whom an indictment has been found. 2010
Certificate in such case..................... 2010
Form of. See Schedule E.............. 2072
Form of warrant. See Schedule F. 2073
Commitment or bail......................... 2010
If person already in prison justice may
order him to be detained ............ 2010
Form of such warrant. See Sche-
dule H...................................... 2074
Warrant to remain in force till executed... 2012
When any constable, &c., may execute
Warrant.......................................... 2012
Error—Writs of .................................... 2066
Evidence. See “Witnesses, &c.”........... 2052
Forgery offences—Place of trial of......... 2006
Formal defects cured after verdict........... 2060
Gaspe—Commitment and trial in the dis-
trict of............................................ 2005
General provisions................................ 2069
See Juries, &c............... 2040
Fees to officer of court not affected by
CRIMINAL PROCEDURE ACT-Continued.
Name of every witness to be indorsed
on the indictment and marked with
the initials of the foreman................. 2044
Officer prosecuting shall submit names
of witnesses................. tº t e º 'º e º & e º * * * e º e º º º 2044
Who may be examined........................ 2044
Witness—Names of, to be indorsed on
indictment, and initialed by the fore-
In 8.Il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- 2044
Witness need not be sworn in open
Court ......... ......... .............. * - e º 'o - c e s a tº e & 2044
Impounding documents........................ 2052
Indictments ......... ........ * - e º 'º tº e º is 4 e º 'º e - e º e º e s tº a tº 2028
Any number of acts, &c., may be
charged in certain cases.................. . 2028
Benefit of clergy—Abolition of, not to
prevent joinder of counts.................. 2028
Counterfeit coin—Buying or selling, &c. 2030
Description of instrument in indictment
for forgery............................ * * * * * * * * * * 2035
Description of instrument in indictment
for unlawful engraving.................... 2035
Description of instruments generally.... 2034
Distinct acts of embezzlement, &c., may
be charged in the same indictment.... 2029
Embezzlement by persons in the public
Service ........................................... 2033
Forgery, &c........................ --------....... 2030
Intent to defraud—When not necessary
to allege.......................................... 2030
Joint stock companies, &c.......... ....... 2032
Joint tenants...................................... 2032
Larcenies—Three, may be charged in
one indictment................................ 2035
Malicious injury to property................ 2031
Money or bank notes—What necessary
to state in describing....................... 2034
Murder or manslaughter..................... 2029
Obtaining property by false pretences... 2030
Omission of certain averments not fatal. 2034
Ownership of property need not be
alleged in cases of
Churches, &c................................... 2031
Election documents.......................... 2032
Highways........................................ 2031
Materials, &c.; for public works........ 2031
Public buildings...................... ........ 2031
Public Works................................... 2031
Railways, &c................................... 2031
Records of courts, &c....................... 2031
Wills, codicils, &c,.......................... 2032
Parceners.......................................... 2032
Parchment, not necessary.................... 2028
Partners............................................. 2032
Perjury—Form of, in case of................ 2028
GENERAL INDEX. 23
The figures denote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT-Continued.
Property in possession of public officers,
Property in roads, &c., to be laid in
trustees or commissioners without
naming them................................... 2032
Property under management of body
Corporate..................... ................... 2033
Receiver of stolen goods, how indicted,
&c......................................... 2035, 2036
How in case of misdemeanor............. 2036
Several may be included in one indict-
ment......... ................................... 2036
Several accessories may be included in
one indictment................................. 2035
Stealing by lodgers............................. 2034
Stealing, &c., documents of title to
lands............................................... 2029
Stealing—Indictment for, may have a
count for receiving........................... 2035
Stealing minerals, &c. ......................... 2033
Stealing oysters, &c., county or district
need not be stated......... .................. 2033
Stealing postage stamps, &c................ 2033
Subornation of perjury........................ 2029
Subsequent offences—What statements
shall be sufficient in cases of.............. 2036
Tenants in common............................ 2032
Venue need not be stated in body of..... 2028
Insane prisoners.................................... 2063
Custody of, provided for................ 2063, 2064
Insane person to be kept in custody...... 2063
Jury acquitting on the ground of in-
sanity, to state so in their verdict..... 2063
Order of Lieut. Governor in certain
cases ....................................... 2063, 2064
Prisoner who is insane, about to be dis-
charged for want of prosecution—
Custody of...................................... 2064
Proceedings in cases of....................... 2063
Removal and custody of...................... 2064.
Interpretation .......... ........................... 2001
“Any Act”....................................... 2001
“Any other Act”.............................. 2001
“District, county or place”................. 2001
“Finding of the indictment”............... 2001
“Indictment”.................................... 2001
“Justice”.......................................... 2001
“Property”....................................... 2001
“Territorial division ”........................ 2001
“The court for Crown cases reserved”. 2002
Juries and challenges............................ 2040
Affirmation in stead of oath—Who may
make........…............................... 2041
Challenges on the part of the Crown ... 2041
Grand jurors and petit jurors—Who
CRIMINAL PROCEDURE ACT-Continued.
Half English and half French in certain
districts of the Province of Quebec... 2041
Juries de medietate langua?—Aliens not
entitled to....................................... 2041
Jury may be allowed to separate in cases
less than felony............................... 2043
Libel—As to right to set juries aside in
cases of.......................................... 2041
Manitoba—HalfEnglish and half French
Peremptory challenges to be divided
in such case............. & e e s e s e e s s a º e s e e s is a s 2042
Provision if panel is exhausted......... 2042
Peremptory challenge by prisoner, to
what extent allowed and when......... 204]
Quebec—Half English and half French
in certain districts of....................... 204L
Peremptory challenges to be divided
in such case......... .................' ...... 2042
Saving of powers of court, &c., not ex-
pressly altered................................. 2043
Supplying jurors if panel is exhausted. 2042
How such jurors shall be summoned. 2043
Persons summoned shall attend......... 2043
Jurisdiction............................ . . . . . . . . . . . . . . 2002
General or Quarter Sessions or Re-
corder's Court................................. 2002
Justices of the peace......... ......... ......... 2002
“Larceny Act”........................ .......” 2002
Magistrates who may act alone............ 2002
“Offences against the person”—Sec-
tions 21, 22 and 23 of Act respecting. 2002
Superior courts.......................... --------- 2002
Justices and coroners—Duties of............ 2024.
Justices and coroners—Provisions of this
Act to apply to, generally................. 2026
Kidnapping—Offences by, where to be
tried ..................... ........' ...... “ 2006
“Larceny Act”—Venue in cases, under
sections 53, 54 & 55........................... 2005
Libel ................ . . . . . . . . . . . . . . . . . . . . . . . . . . ''''''''' 2038
Costs to follow the judgment as between
private prosecutor and defendant...... 2039
Effect of plea of justification................. 2038
Not guilty, in addition—Effect of...... 2039
Enforcing payment of costs ................ , 2039
Proceedings on indictment for.............. 2039
Truth not to be inquired into unless
specially pleaded .............--------------- 2038
What may be pleaded in case of.......... 2038
New trials ............................... “ ....... 2067
Nova Scotia—Calendar of criminal cases
for grand jury in............ ...--------------- 2068
When sentence may be pronounced in. 2068
Offences committed on highways, rivers,
qualified to serve as.......................... 2040
&c., dividing two districts, where tried 2004
24
GENERAI, INDEX.
The figures denote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT-Continued.
Offences committed on persons ori pro-
perty in transit, where tried.............. 2003
Offences committed on the confines of
districts, &c., where tried.......... .* * * * * * * 2003
Offences committed within the jurisdic-
tion of the Admiralty of England,
how tried, &c.................................. 2003
Ontario Province of ....................... * * * tº g º & 2067
Court not required to deliver the ga.ol... 2067
Defendant in misdemeanor may not
postpone trial by imparlance............ 2068
I)efendant may be required to plead
forthWith..................................... 2068
But time may be allowed.................. 2068
Judge, &c. in, may reserve decision...... 2067
Provision, if defendant is not brought to
trial within 12 months.................. ... 2068
Who may be commissioned for holding
assizes, &c.; in................................ 2067
Who shall preside over courts in.......... 2067
Petit Jurors—See Juries........................ 2040
Place of commission and trial of offences. 2003
Place of trial of persons uttering counter-
feit coin in more places than one...... 2007
Place of trial of persons who have stolen
in one part of Canada and have the
property in another part.................. 2007
Pleas.................. ................................. 2037
Amendment of indictment.................... 2038
Attainder of another crime not plead-
able......... ......... ............................. 2038
Autrefois convict or autrefois acquit—
Plea of...... ......... ........................... 2038
Court may order plea of “not guilty”
to be entered in case of refusal to
plead ............................................. 2038
Defects how amended...... .................. 2038
Indictment not to be abated by reason
of dilatory plea of misnomer, &c....... 2037
No person entitled of right to traverse
or to have time to plead................ 2037
Court may postpone trial upon terms,
&c.….. .................................... 2037
“Not guilty”—Effect of plea of..........., 2038
Objection, when to be taken................ 2037
Preliminary requirements as to certain
indictments............................. 2036, 2037
Prisoners—Removal of.......................... 2026
Proceedings on appearance................... 2016
Accused may be remanded from time to
time...... . .................................... 2017
Form of warrant. See Schedule M ... 2080
Verbal remand—Limit of.................. 2018
Adjournment in case variance is im-
Portant .......................................... 2016
CRIMINAL PROCEDURE ACT-Continued.
Admission or confession may be given
in evidence...................................... 2019.
Admission to bail................................ ë
Admission to bail on recognizance........
Form of recognizance. See Schedule
M2..............................................
Notice of recognizance. See Schedule
M. 3..............................................
After examination justice to read depo-
sitions taken and caution the aqcused
as to any statement he may make...... 2019.
Bail after committal for trial, how
granted .................................. ....... 2020
Committal in certain cases........ à e º e º e º is e & 2020
Copy of depositions—Accused entitled
to......... ......... .............................. 2020
Discharge if evidence is insufficient...... 2019,
Examination of witnesses to be in the
presence of accused, &c.................... 2018
Form of. See Schedule N.............. *
Explanations to be made to the accused
Justice may summon witness to attend
and give evidence......................... 2016
Warrant in case summons is not
obeyed......................................... 2017.
Form of. See Schedule L 2........ 207 7
Warrant—When to issue in the first
instance....................................... 2017
Form of. See Schedule L 3....... 2078.
No objection allowed for defect in sub-
stance or form................................. 2016.
Person accused may be brought up be-
fore the expiration of the time for
which he is remanded.......................
Persons appearing on Summons and re-
fusing to answer may be committed
Form of warrant. See Schedule L 4..
Place of examination not an open court.
Proceedings if accused does not appear
according to his recognizance........,
Recognizance to be indorsed.................
Form of indorsement. See Schedule
M4..............................................
Statement to be taken down in writing
and read over...............................
Form of. See Schedule 0................. -
Witnesses to be sworn.........................
Proceedings when previous offence
charged........... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Evidence of good character.................
Proof of previous conviction...............
Proceedings where offender is appre-
hended in a district in which the
offence was not committed
Committal of accused.........................
Constable to be paid his expenses.........
• * * * * * * * * g º is tº $ tº
2018
2017.
2079,
2016
2018,
2018
2082
2019.
2083
2019.
2051
2052
2051
2023
2023
2024
GENERAL INDEX.
2
5
The figures denote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT-Continued.
Evidence may be transmitted to the
proper division, &c........................... 2023
Examination of accused....................... 2023
Expenses of constable conveying the
accused to be paid him..................... 2024
Justice to furnish constable with a re-
ceipt or certificate........................ 2024
Form of, See Schedule U 2................ 2091
Recognizances void in certain cases...... 2024
Transmission of record........................ 2024
Warrant to take the accused before a
justice in the place where offence was
committed........ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2023
Form of, See Schedule U.............. 2090
Receiving stolen goods—Venue in case of 2006
Recognizances to prosecute or give evid-
€n C6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . & a e g º º # 2020
Justice may bind over the prosecutor and
witnesses....... tº a e º a s e e º e s tº e º & e º e º e s m is a mº e s e g º is 2020
Form of recognizance. See Schedule
Q: ....... .................. ..................... 2084
Notice of recognizance to be given........ 2020
Form of notice. See Schedule Q 2..... 2085
Proceedings in case justice refuses to
commit or to bail the accused............ 2021
Recognizances to be transmitted to the
court.......... ......... .......................... , 2021
Release of witness if accused is dis-
charged ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2021
Form of warrant of release. Nee Sche-
dule R 2....................................... 2087
Witness refusing to enter into recogniz-
ance may be committed..................... 2021
Form of warrant, See Schedule R... 2086
Record of conviction or acquittal............ 2060
Records—Variances .............................. 2059
Removal of prisoners............................. 2026
Authority for, how obtained................. 2026
Into county where indictment is found. 2026
Sheriff may be directed to remove pri-
SOD&T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2026
To another goal, when........................ 2026
When indictment is found against a per-
son already in custody..................... 2027
When sentence of death or imprison-
ment has been pronounced............... 2026
Restitution of stolen property............... 2062
After conviction...... ........................... 2062
Money taken from the prisoner............ 2063
Offenders who are not included, &c...... 2062
Valuable and negotiable securities....... 2062
Writs of restitution, when awarded...... 2062
Schedules. See at the end of the index
to this chapter.
First Schedule. Forms generally......... 2069
CRIMINAL PROCEDURE ACT-Continued.
Third Schedule. Annulling judgment. 2096
Schedules—Forms in, to be sufficient...... 2069
As fo offences not mentioned in the
Second schedule.............................. 2069
Search warrants and searches............... 2013
“Coin—An Act respecting offences re-
lating to,” Application to......... ........ 2015
Cou-terfeit coin, &c., and coining tools
to be seized......... * * * * g e is g º & e s ∈ a s e s e s sº e s in tº & 2015
Disposal of...................................... 2016
Search for....................................... 2015.
Gold, silver, quartz, &c....................... 2014.
Information for, What to show............ 2013:
Form of. See Schedule K............... 2075
“Larceny Act”—Application to......... 2014
Paper or implements employed in any
forgery, &c...................................... 2014
“Property of seamen in the navy—Act
respecting, &c.” Application to......... 2014.
Timber, lumber, &c., unlawfully de-
tained ......... ............................' ...... 2014.
Warrant, when to issue....................... 2013,
Form of. See Schedule K 2............. 20.76
Short title...................................... . . . . . . 2001
Special provisions........................ ......... 2007
Stolen property—Restitution of.............. 2062
Swearing witnesses before the grand
jury ......... ......... ....................... “ 2044.
Trial............... ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20-44.
Addresses of counsel to jury, how regul-
lated.................. ....... . . . . . . . . . . . . . . . . . . 2045,
Attorney General............................. 2045
Queen's counsel.............................. 2045.
Solicitor General.............................. 2ſ).}}|
Assault—Verdict of, in cases of felony
including assault.............................. 2047
Burglary—On trial for, conviction may
be of house breaking........................ 2047
Burglary—Proof of, not a defence on a
charge of housebreaking................ 204S
Offender in such case may be indicted
for burglary........................ ......... 2048
Concealment of birth—On trial for mur-
der of child, conviction may be for..... 2046
Conviction on indictment for jointly re-
ceiving................................... ......... 2050
Copies of depositions, under certain con-
ditions........ • e s s , a s = e < * * * * * * * * s = e < * * * * * * * * * * * * * * * 2045
Copy of indictment to persons under
trial.............................. ......... …” 2045
Destroying buildings—On trial for, con-
viction may be of injuring the same... 2051
Differences in date, &c., of true and
false coin not ground for acquittal..... 2051
Embezzlement—On trial for, conviction
Second Schedule. Forms of indictment 2092
may be of larceny and vice versa........ 204S
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT –Continued.
Evidence of former possession of other
stolen goods, in cases of receiving... 2050
Notice to accused............................. 2050
Evidence of previous conviction of fraud
or dishonesty in cases of receiving. 2050
Notice to accused...... ........................ 2051
Previous conviction need not be
charged...... ................................. 205]
Full defence allowed........................... 2044
Fraudulent appropriation—Conviction
may be of, on trial for larceny, &c..... 2050
Grievous bodily harm—On trial for
felony, conviction may be for commit-
ting................................................ 2046
Indictment for felony valid, though facts
amount to treason............................ 2046
Inspection of depositions by prisoners... 2045
Larceny—On trial for, conviction may
be of obtaining property by false pre-
tences............................................. 2049
No inquiry concerning lands................ 2046
Obtaining property by false pretences—
No acquittal because offence amounts
to larceny......... ........................... 2049
Fraud by agents, &c........................ 2049
One act of larceny charged; and several
acts at different times, proved........... 2050
Person tried for committing crime not
to be afterwards tried for attempting
to commit....................................... 2046
Persons tried for misdemeanor and found
guilty of felony not to be acquitted ... 2046
Poisoning—On trial for felony by, con-
viction may be of misdemeanor......... 2047
Robbery—On trial for, conviction may
be of assault with intent to rob.......... 2047
Verdict and punishment in cases where
offences not completed......... . . . . . . . . . . . . . 2046
When indictment for stealing contains
a count for receiving..................... 2049
If two or more persons are included.... 2049
Variances—Records.............................. 2059
Court may order indictment to be
amended to agree with evidence.... 2059
Conditions may be imposed .............. 2059
Variances, how corrected .................... 2059
And See amendment........................ 2059
Venue–Change of................................ 2027
Verdict not to be impeached for certain
omissions as to jurors....................... 2061
View...................... .......... ................... 2043
Court may order a view out of the
county in which the venue is laid...... 2043
Deposit by person requiring the view ... 2043
Duties of sheriffs, &c., in such case...... 2044
CRIMINAL PROCEDURE ACT-Continued.
Where offences in unorganized tracts may
be charged to have been committed
and be tried .................................... 2004
Where offences to be tried, when judicial
districts or new counties are formed... 2005
Persons accused or convicted of crimes in
such district in Ontario may be com-
mitted to any gaol............................ 2005
Witnesses and evidence........................ 2052
Accused when not to give evidence...... 2054.
ASSault and battery................. & e s is s s & e º e 2054
Attesting witness need not be called,
When.............................................. 2058
Battery–Assault and.......................... 2054.
Carnal knowledge—What shall be
deemed evidence of ......................... 2057
Certificate of trial at which perjury
was committed, sufficient evidence of
trial ............................................... 2056
Child murder—Evidence at trial for ..... 2057
Coin being false or counterfeit—What
shall be evidence of.......................... 2057
Common assault................................. 2054.
Comparison of disputed writing with
genuine ........................... ... ........... 2058
Corroborative evidence, necessary in
cases of forgery................................ 2054.
Cross-examination as to previous state-
ments in writing ............. . . . . . . . . . . . . 2058
Proviso: proof of deposition of wit-
IlêSS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2059
Defendant competent witness in case
of assault, &c.................................. 2054
Depositions of persons dying, absent,
&c., how to be used ......................... 2056
Depositions taken on one charge may
be read in prosecution of others..... 2056
Form of solemn affirmation.................. 2055
How far a party may discredit his own
witness ................................. ......... 2058
If another crime is charged, &c. .......... 2054
Interest or a conviction not to disqualify 2053
Judge may cause witness to be arrested
to answer for his default ....... • & © & © & Q 2052
Punishment of such witness ............. 2053
Marked timber—Proof of lawful posses-
sion of, to lie on accused.................. 205.7
Ownership of timber—What shall be
deemed evidence of ......................... 205.7
Person dangerously ill—Commissioner
may be appointed to take evidence
How prisoner may be present .......... 2056
Transmission of such evidence to the
Rule to be drawn up ........................... 2043
proper officer ............................... 2055
GENERAL INDEX.
27
The figures denote the pages which are numbered at the bottom.
CRIMINAL PROCEDURE ACT-Continued.
When statement may be read in evi-
dence........................... ... ............
Prisoner may be present at the taking
of evidence of person dangerously ill
before commissioner
Proof of contradictory statements by
witness ........ • * * * * s e e º s e º t e º a s e e s & & e º 'º e º t e º e is e e
Proof of previous conviction of a wit-
ness may be given if he denies it, &c.
Solemn affirmation, when permitted.....
Statement of accused may be given in
evidence -
Who may be admitted as witnesses......
Wife or husband in cases of assault, &c.
Wife or husband, when not competent
nor compellable......... .....................
Witnesses confined in a penitentiary, &c.
Witnesses summoned must attend........
Witnesses within Canada but beyond
the jurisdiction of the court.......... e
How subpoenaed..............................
Punishment for disobedience............
Witnesses before the grand.jury—Swear-
ing .............. tº º s º e º º ºs e s s e º e º e º e º e e º ºs e s tº a º e º e º e &
Writs of error........................ …
How tested and returnable..................
On what such writ shall be founded.....
Proceedings in court of error..............,
Quebec—Stay of proceedings in...........
First schedule.......................................
Certificate of indictment being found.E.
Certificate of non-appearance to be in-
dorsed on the recognizance......... M 4.
Commitment of a witness for refusing
to enter into the recognizance....... R.
Depositions of witnesses.................. N.
Gaoler's receipt to the constable for the
prisoner.................. .................... T.
Indorsement in backing a warrant.....I.
Information and complaint for an in-
dictable offence
Information to obtain a search war-
rant........... ................................ K.
Notice of recognizance to be given to
the accused and his sureties....... M 3.
Notice of the said recognizance (of bail)
to be given to the accused and his
bail........................................... S 2.
Notice of the said recognizance (to pro-
secute) to be given to the prosecutor
and his witnesses...................... Q 2.
Receipt to be given to the constable by
the justice for the county in which
the offence was committed.......... |U 2.
Recognizance of bail ......................S.
ge º & © tº gº tº e º e º e º tº g tº dº tº g g g g º º
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * : * c e º is a e &
2058
2054
2056
2053
2054
2054.
2053
2052
2053
2053
2053
2044
2066
2066
2066
2066
2066
2069
2072
2082
2086
2082
2090
2075
. 2069
2075
2081
2089
2085
2091
2088
CRIMINAL PROCEDURE ACT-Continued.
Recognizance of bail instead of re-
mand on an adjournment of examina-
tion ......................................... .M. 3. 2080
Recognizance to prosecute or give evi- .
dence ....................................... Q. 2084
Conditions ...................................... 2085
Search warrant........................... .K. 2, 2076
Statement of the accused.............. ...O. 2083
Subsequent order to discharge the wit-
neSS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . R. 2. 2087
Summons to a person charged with an
indictable offence......................... C. 2070
Summons to a witness.............. e s s a s e e L. 2077
, Warrant for a witness in the first in-
Stance..................................... . . L 3. 2078
Warrant of commitment.................. P. 2083
Warrant of commitment of a person in-
dicted ......................................... G. 2073
Warrant of commitment of a witness
for refusing to be sworn, or to give
evidence................................... .L 4. 2079
Warrant of deliverance on bail being
given for a prisoner already commit-
ted ........................... ................ S 3. 2089
Warrant remanding a prisoner........M. 2080
Warrant to apprehend a person charged
with an indictable offence.............. B. 2070
Warrant to apprehend a person in-
dicted.......................................... F. 2073
Warrant to apprehend a person charged
with an indictable offence committed
on the high seas or abroad......... D 2. 2072
Warrant to convey the accused before a
justice of the county in which the
offence was committed................... U. 2090
Warrant to detain a person indicted who
is already in custody for another
offence......................................... H. 2074
Warrant when a witness has not obeyed
the Summons.............................. L 2. 2077
Warrant when the summons is dis-
obeyed.......................... ............... D. 2071
Second Schedule—Forms of indictment... 2092
Bigamy or offences against the law for
the solemnization of marriage............ 2095
Bodily harm.............................. ......... 2092
Burglary..................... ......... . . . . . . . . . . . . . . 2093
Coining........................ ... .................. 2094.
Embezzlement............... ..................... 2093
False pretences ............................ . . . . . . . 2093
Forgery ........................... ......... ......... 2094.
General form...................................... 2096
Malicious injuries to property............... 2094.
Manslaughter......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2092
Condition
Murder............................... ...... “
, 2092
28
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
******** * -----> -- ~~- --------, -, -º- ºr-º-º-º-º-º-º-º-, * ~ * * *.* -- ~ *
CRIMINAL PROCEDURE ACT-Cowcluded.
Offences against public morals and de-
Cell Cy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Offences against the administration of
justice............ ....... ........................
Offences against the habitation............
Offences against the public peace.........
Offences relating to the army.............. &
Perjury........................ .....................
Robbery......... ....................................
Simple larceny....................................
Stealing money............
Subornation of perjury. ......................
Third Schedule—Certificate annulling
judgment.........................................
CRIMINAL STATISTICS.–An Act re-
specting............................. tº e º e º ºs e º e º is tº &
Duration of Act................................ * * * *
a e º t e º s e º & e e g º e º 'º e º & e
Interpretation......................................
Justices of the peace—Returns to be
made by..........................................
Payment for such returns....................
Penalty for not complying with this Act.
Printing and publishing of.....................
Provincial gaols, reformatories, &c.........
Payment in such cases........................
Records to be kept.................. • - - - - - - - - - - - - -
Schedules of, to be furnished by certain
officials...........................................
Statistics of exercise of prerogative of
The TCy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
CROWN LANDS. See Interior—Depart-
ment of the........... ...........................
CROWN — Offences against the. See
Treason, &c,...................................
CROWN – Proceedings against the. See
Petition of Right Act.......................
CRUELTY TO ANIMALS- An Act re-
specting..........................................
Application of penalties........................
Apprehension of offenders....... • - - - - - - - - - - - ..
Cattle—The conveyance of....................
Cockpit—Making or maintaining............
Forfeiture in such case........................
Conveyance of cattle............................
Application of penalties under this sec-
tion
Cars to be cleaned..............................
Cattle to be unladen for food, rest, &c.,
at certain intervals.......................
Exception, when..............................
Proper space, &c
Time, how reckoned........................ -
* * * * * * * * * * * * * * * * * * * * * * * * * * e s is a e s a e e g g g a º º e s e º e ºs
s = < * * * * * * * * * * e < * * * * * * * * * * * * * g.
2096
2095
2093
2095
2095
2094.
2092
2093
2092
2093
2095
2096
903
905
904
903
903
904
904
905
904
904
903
903
903
904
245
1833
1989
1989
CRUELTY TO ANIMALS-Concluded.
Constable may enter premises or vessel
Penalty for refusing admission to......
Penalty for confining cattle improperly
Cruelty to animals—How punishable......
Damages—Right of suit for, not affected.
Interpretation—“Cattle” .................... tº
Offender refusing to disclose his name....
Time for prosecution, limited..................
CULLERS’ ACT......................................
Acting without authority—Penalty for....
{{ ( &
Annuities when to be paid out of Conso-
lidated Revenne fund
Application of Act................................
Application of penalties ........................
Appointments by whom made...............
Apprentices for becoming cullers...........
Assaulting culler—Penalty for...............
Board of examiners, how constituted......
Candidates for becoming cullers............
Certificate of board of examiners, what to
contain ..........................................
Charges for culling and measuring.........
Charges of culling, &c., by whom payable
Classes of timber, &c...................... 1364,
Collection of fees and charges................
Copy of agreement between seller and
buyer as to mode of measurement to
be filed....................................... .....
Cullers—Appointment of...................... ..
To be sworn.......................................
Culling, when, and when not, compulsory
Deputies of supervisors—Appointment of.
New security in certain cases...............
Oath of office of..................................
Security of.........................................
Descriptions and classes of timber, &c...
All deals to be stamped.....................
All Staves—Requisites of....................
Ash, basswood and butternut..............
Ash oars............................................
Birch
Deals, &c................... ............. 1365 to
Head staves.................. # * * * * * * g e a e i e º e s tº e º 'º $ --
Hickory handspikes
Lathwood ................. * * * * * * * * * * * * * * * * * * * * * * * * *
Marking, other than spruce deals.........
Masts, bow-sprits and red pine spars.....
Merchantable deals...... ....... & a a e s is is is a e < e < * *
Pine or fir boards................................
Quebec standard hundred of deals........
Red pine deals...................................
Red pine timber.................................
Rock elm............................................ -
license—Penalty for.......
1364
1362
1361
1373
1360
1360
1360
1360
1364
1367
1368
1365
1365
1365
1367
1367
1365
1365
1367
1365
1367
1365
1367
Cattle unladen to be fed and watered...
1989
GENERAL INDEX. - 29
The figures denote the pages which are numbered at the bottom.
CULLERS' ACT-Comtémºted.
Spruce deals................. ..................... 1366
Spruce deals, how marked............ • . . . . . 1367
Stumping of deals.............................. 1367
Standard mille................................... 1367
Standard or measurement staves......... 1367
Staves, &c,................................. , 1367, 1368
West India or puncheon staves............ 1368
White oak.......................................... 1365
White or yellow pine.......................... 1365
White or yellow pine, 2nd quality deals 1366
Dimensions of bow-sprits, red pine spars
and white pine masts....................... 1369
Dimensions of merchantable timber........ 1368
Ash, basswood and butternut............... 1368
Birch ........................ ........................ 1368 |
Elm................................................... 1368
Oak................................................... 1368
Red pine............................................ 1368
White pine..................... ........... … 1368
Duty of cullers...................................... 1362
Penalty for non-compliance................. 1362
Entries to be checked and signed........... 1364
Evidence of unlawful shipping.............. 1373
Burden of proof to be on person charged 1373 |
Examiners—Board of, how constituted... 1361
Forging, counterfeiting or defacing
stamps—Penalty for.............. 4 º' ºr e º ſº e º is e 1372
General provisions................................ 137 l
Girth of each piece to be measured......... 1363
Holders of measuring tapes.................... 1363
Hollow allowed on merchantable timber. 1368
Imprisonment for non-payment of pen-
alties.............................................. 1373
Inspection of books, &c........................ 1363
Interpretation ...................................... 1359
“Deputy" or “deputy surveyor”........ 1359
“Supervisor”. ....... • * * * * * * * * * * * * * * * g º e º e º 'º e s e e 1859
‘‘Timber" or “lumber "...................... 1359
Length of each piece to be measured...... 1363
License to cullers................................. 1362
Licensed culler may be shipping culler. 1371
Limitation of actions generally.............. 1374
Limitation of suits for penalties.............. 1373
Lumber improperly hewn, &c., to be
dressed over............... ..................... 1369
Marks denoting quality, how applied...... 1364
Measurement books, &c,....................... 1363
Measuring instruments, &c.—Culler to
be provided with.............................. 1364
Measuring tapes—Holders of................. 1363
Meeting of board of examiners............... 1361
Form of oath...................................... 1361
Majority to decide.............................. 1361
Members to be Sworn.......................... 1361
Quorum ............................................. 136].
CULLERS’ ACT-Concluded.
Oaths and bonds, where to be filed......... 1361
Office hours.................................. ....... 1363
Offices to be opened, where.................... 1363
Penalties, &c...................... ..... 1371 to 1374
Qualities of lumber.............................. 1364
Recovery of penalties........................... 1373
Summary jurisdiction, &c.................... 1373
Regulations—Gov. in Council may make
for....... .......................................... 137 ()
Assigning fees to cullers..................... 1370
Expenses of Supervisors office............... 1370
Giving effect to this Act..................... J370
Granting and paying annuities............ 1370
Making or altering tariff of fees............ 1370
Paying salaries ................................. 1370
Prescribing as to licenses................... . . 137 ()
Reducing number of cullers................ 1370
Scribers of timber, &c........................... 1363
Setting timber adrift—Penalty for ......... 1372
Short title........... ......... ... s.s e s s s > * * * * * * * * * * * * * * g g e l359
Slide dues at Quebec....................... * & e g tº a 1359
Square timber, how measured................. 1363
Supervisor—Appointment of................. 1359
To give security................................. 1359
To take oath of office........................ ... 1360
Form of oath....... ........................... 1360
Supervisors, cullers, &c., to be officers of
the Dept. of Inland Revenue ............... 1362
Supervisors or cullers dealing in lumber
–Penalty on ..................................... 1372
Supervisors or cullers guilty of partiality
–Penalty on.......... .................. ....... 1372
Survey, in case of dispute...................... 1369
Board of, how constituted.................... 1369
Taper of merchantable timber................. 1368
CULLING AND MEASURING OF LUM-
BER, &c., IN THE PROVINCES OF
ONTARIO AND QUEBEC. See Cul-
lers' Act......................................... 1359
CURRENCY—An Act respecting the......... 293
Bank notes, how redeemable ................. 293
British Columbia–Currency in .............. 295
Copper or bronze coins.......................... 294
Date—Proof of prima facie................. ... 295
Decimal currency, confirmed.................. 293-
Defaced coin, not a legal tender............ 295
Denominations of money....................... 2.93.
Foreign gold coins................................ 294,
Gold coins, legal tender, &c................... 293
Legal tender .................. ......... ....... 294, 295
Nova Scotia—Currency in after July 1st,
1871 .................................................. 295
Prince Edward Island—Currency in. ..... 295
Public accounts, kept in what currency... 293
Silver coins, legal tender, &c................. 2.94.
Mode of culling and measuring.............. 1363
Standard of value regulated.................. 293
30
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CUSTOM'S ACT.................. ..................... 301 || CUSTOMS ACT-Contºn wed.
Administration of oaths........................ 339 Copies, when to be evidence ................ 3.13
Agent— Decked vessels—Goods brought in........ 308
Mode of appointment of...................... 340 Declaration by master ........................ 307
Must have written authority. ....... * * * * * * tº 340 ( { by owner, &c..................... 312
Powers of.............. * * * * * * * * * * * * * * e s m e º e º e º e < e < * 340 Default of entry, &c........................... , 310
Allowance for tare and draft................. 304 Deposit of money for duty ................. . 311
Annapolis—Wessels entering.................. 343 Duties to be paid down, when.............. 310
Annual report............ ......... .................. 363 Forfeiture—When goods liable to......... 308
Appraisers— Form of oath ...................................... 311
Appointment of.................................. 315 Imported by Sea ................................ , 309
Duties of....................................... 314, 317 Imported goods................................... 306
Jurisdiction of............................... ** * * * * 315 Inland navigation .............................. 309
Oath of office of.................................. 315 Wessel arriving by—Duty of master of 307
Arrival and departure, defined............... 339 Invoice—Entry not perfect without...... 3.11
Assistant commissioner......................... 302 { { to be attested on oath........ 311, 312
Attestations, before whom made............ 339 {{ to be retained and filed........... 313
Bills of health...................................... , 343 Land–Goods brought by.................... , 309
Bonds to Her Majesty ................. 4 * * * * * * * * * 340 Land imported goods ......................... 309
Bras d’Or—Wessels entering .................. 343 Master to make report ........................ 307
Burden of proof......... • * * * * * * * * * * * * * * * * * * * * * * * * * * 342 Non-resident owner............................. 312
Coasting voyages— Oath of owner how to be verified ......... 312
Defined ............................................. 328 Oath or affirmation required................. 3.11
Fees in respect of licenses...... ............ 329 Owner—More than one........................ 312
Inland navigation.............................. 328 Penalty for contravention............... 308, 309
Licenses............................................. 329 Ports of entry ................................... , 306
Penalty for contravention.................... 329 Production of goods ........................... 307
Regulations may be made ................... 328 Quantity and value to be stated ......... . 310
Coin or bullion, when exempt................. 342 Railway conductor....................... tº e º 'º e º s 308
Consolidated Revenue and Audit Act..... 303 Report to be made .............................. 307
Co-partnership .................................... 34l Time, when entries shall be made on
Crown goods......................................... 341 goods ........................................... ... 309
Damaged or lost goods ......................... 313 Warrant and permit ....................... ... 310
Allowance for damage........................ 315 Entry outwards.................................... 324
Assessment of damages ...................... 314 Bond required .................................... 326
Certificate of damages .............. … 314 Cancellation of bond........................... 326
Conveyed by land .............................. 314 Clearance to be granted ..................... 325
Evidence of damage, how estimated .... 314 Coasting vessels..........… 325
Percentage to be deducted .................. 314 Content to be in writing ..................... 325
Return of duty.................................... 314 Detention of vessel.............................. 325
Time for claim.................................... 314 Entries of goods................................. 325.
Debt to Her Majesty.......... … 303 Entry outwards by agents .................. 328
Department of Customs ........................ 302 Entry outwards must correspond with
Deputy Minister of Customs .................. 302 entry inwards ................................. 328
Disputed matters................................... 303 Export duty must be stated ................. 327
Duties of customs ................................. 303 Export duty to be paid........................ 326
Entry inwards ...................................... 305 Forfeiture for contravention ............... 326.
Another port—Goods intended for........ 308 { { for re-landing ............… 327
Answering questions .......................... 308 Land conveyance—Entry outwards by 327
Bills of entry inwards ........................ 309 Oath of owner.................................... 326.
Requisites of, &c......................... 311, 312 Particulars and declaration ................ 325
Bills of lading—Production of ............. 307 Particulars of entry............................ 324
Bills of sight—Entry by....................... 310 Penalty for leaving without clearance... 325
Boarded—When vessels may be ........... 306 For non-entry.................................. 327
Conductor of railway ......................... 308 For sending goods without entry....... 327
Contents of report.............................. 307 Proof of discharge.............................. 324
Contravention—Penalty for............ 308, 309 Questions to be answered .................... 335
GENERAL INDEX.
31
The figures denote the pages which are numbered at the bottom.
CUSTOMS ACT-Continued.
Railway—Entry outwards by...............
Report of exported goods.....................
Security for exportation of goods..........
Ship's stores.......................................
Statistical information...... ..................
Warehoused goods........ * * * * * * * g g g º ºs e º s is ſº º e º $ 6 -
Error—Discovery of, while unpacking.....
Evidence, prima facie—What is.............
Exempted from duty—Goods..................
How described....................................
Fire arms, &c.—Importation of...............
Forfeitures and penalties. See Penalties,
&c,............................ tº a s is e º º e < * * * * * * * * * * * *
Forms of bonds and papers.....................
Fresh fish, When exempt........................
Goods if sold.........................................
343
Greater or less quantities.......................
Importation of fire-arms, &c..................
Interpretation......................................
“Collector”................. ſº e < e º e º e < e < * * * * * * * g e ..
“Conductor”........... tº e º e º e º 'º e º a ſº e e s e e º sº º e º e s is
“Customs warehouse”........................
“Exporter”.......................................
“Goods”.................. ........................
‘‘Importer ".......................................
“Master”.................. ........................
“Seized and forfeited,” &c..................
“Vehicle’’........................ `s s = e s = e e s = • e s e • • *
“Vessel”...... ...................................
“Warehouse ’’........... '. . . . . . . . . . . . . . . . . . . . . . . . .
Invoices, how made out.........................
Live stock and perishable goods.............
Master may be called to answer..............
Minister of Customs..............................
Oaths, what to include...........................
Officers—Protection of...........................
Overpaid duties....................................
Partner—Powers of ..... ........................
Penalties—Forfeitures and.....................
Altering or defacing marks..................
Armed or disguised persons.................
Assaulting or obstructing officers.........
Assisting in landing goods liable to for-
feiture.............................................
Bonded car—Obtaining access to..........
Bribery of officers................................
Collusion of officers.............................
Contravention of regulations...............
340
341
341
343
348
340
342
342
359
304
343
302
304
342
338
302
304
339
339
337
343
34l
348
35].
352
352
CUSTOMS ACT-Comténued.
Destroying goods or vessels.................. 352
Detention of vessel or vehicle............... 348
Evidence of fraud................................ 350
False invoices................................. 348, 350
False oath.......................................... 350
Felony—When person guilty of............ 352
Tine and imprisonment........................ 348
Firing at Her Majesty's vessels............. 352
Forfeiture of goods.............................. 348
Forging marks.................................... 351
Fraudulent access to Warehouse............ 351
Harboring Smuggled goods.................. 349
Landing goods without due entry......... 348
Liability of collector........................... 354
Of goods, When................................ 354
Making false invoice........................... 350
Misdemeanor—What constitutes.......... 349
Offering for sale goods pretended to be
Smuggled........................................ 353
Others than owners............................. 351
Persons on board Smuggling vessels..... 349
Police officer—Liability of.................... 354
Presenting false invoice...................... 350
Procuring persons to assist in smug-
gling.............................................. 350
Questions—Not answering, truly.......... 353
Recovery of penalty............................ 353
Refusal to assist................................. 353
Refusing to stop............... .................. 353
Removing or altering.......................... 353
Selling goods with counterfeit marks... 351
Smuggling......................................... 348
Syrups, &c.—Entering, under wrong
Ilà Inê. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 353
Taking away seized goods without au-
thority............................................ 352
Untrue report..................................... 348
Wessels to be forfeited......................... 349
Warehoused goods—Concealing, &c..... 350
Wounding persons in H. M. service...... 352
Wrecked goods—Not reporting............ 353
Penalty for false declaration.................. 313
Powers of the Governor in Council........ 359
Principal and agent.............................. 340
Procedure. ......... ........................ ......... 354
Appeal from convictions..................... 358
From higher courts.......... ............... 359
Arrest of defendant............................ 356
Attorney General of Canada............... 355
Bond for payment of costs.................... 358
Burden of proof.................................. 357
Commissioner of customs..................... 355
Costs......... .................................... 356, 357
Bond for payment of........................ 358
Customs—Any officer in...................... 355
Counterfeited papers...........................
Declaration, &c.—What sufficient........ 356
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
CUSTOMS ACT-Continued.
Filing claim after proceedings com-
menced .......................................... 358
Judgment by default........................... 358
Levy of penalty and costs.................... 356
Limitation of time for suits.................. 358
Name—Prosecutions may be brought in
whose............................................. 355
Nolle prosegui.................................... 356
Notice of claim................................... 357
Proceedings, how posted up............. 358
Place–Averment as to........................ 356
Probable cause—Certificate of............. 357
Quebec—Province of............ .............. 355
Recovery of penalties, &c,................... 354
Restoration of goods on appeal............ 359
Rules of practice................................. 355
Sale of things seized........................... 357
Security on appeal not required from
Crown............................................. 359
Venue................................................ 356
Want of notice, not to prevent proceed-
llig S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 358
Protection of officers.............................. 337
Oosts........................ ........................ 337
Evidence...... ..................................... 337
Limitation of action ........................... 338
Notice of action.................................. 337
Payment into court............................. 338
Probable cause................................... 338
Protection of the revenue...................... 329
Application of proceeds....................... 333
Boarding and examining vessel............ 329
Bond—Nature and amount of.............. . 332
Bonus to officer................................... 333
Boundary line—Buildings on or near.... 335
Branded–Goods to be......................... 333
Buildings—Power to enter.................. 335
Concealed goods—Penalty in case of.... 336
Conductor—Penalty on....................... 330
Detention of vessel.............................. 336 .
Enter buildings, &c.—Power to............ 335
Female to be searched by female.......... 335
Forfeiture..........................................
Cars, &c,........................................ 330
Goods carried past custom house ...... 329
“ not corresponding with invoices 331
Vehicles, horses, &c......................... 330
Wessels............................ * * * * * * * * * * * * * * * 330
Forfeiture in cases of fraud.................. 331
Further proof............................ ........ 332
Goods may be taken at ten per cent.
IIl Cleº Se Oll lll W. Ol Ce .......................... 332
Keewatin........................................... 336 °
North-West Territories........................ 336
Officers, may be stationed on board...... 336
CUSTOMS ACT-Continued.
One league off the coast—Wessels found
hovering within ..............................
Packages, delivered to importer...........
‘‘ of which contents are unknown
Particulars in permit.................... . ......
Penalty for contravention....................
{ { false answer.....................
{ { not obeying officer, &c......
{ { resistance.........................
{ { Searching without cause....
Permit to be granted...........................
Power to call in aid.......... • * * * * * * * * * * * * * * * * * *
Prevention of Smuggling.....................
Questions to be answered....................
Resistance—Penalty for......................
Return of packages.............................
Search the person—Power to...............
Suspected packages............................
Suspicion to justify officers .................
Wessels, &c.—Searching and detaining.
Vessels may be boarded by officers.......
Void, entry—In What cases .................
Writs of assistance .............................
Publication of regulations..................
Purser of steamer may make entries....
Refund, none after 14 days.................. -
Regulations by Governor in Council
may be made concerning—
Bonds and security.............................. -
Canadian manufacturers.....................
Canals—Passing goods through...........
Coasting trade ...................................
Distribution of penalties.....................
Drawback .........................................
On duty paid goods, exported...........
t ( ( & imported ..........
Exportation may be prohibited in cer-
tain cases.......................................
Extending time........... .......................
Forfeiture for contravention................
Forms, rents, &c.................................
Grain and timber—Exempting ............
Grinding grain in bond............ a s • * * * * * * * *
Inland navigation..............................
Marking duty paid goods.....................
Newfoundland—Exemptions concerning
Oaths and delarations....................... * e
Passing through Canada............... • e º 'º a º
Ports of entry ....................................
Publication of regulations...................
Revocation of regulations....................
Slaughtering cattle in bond.................
Spirits and liquors—Importation, &c., of
329
331
331
331
333
335
334
329
334
335
333
337
334
334
334
332
334
334
331
337
334
336
330
336
363
360
360
359
359
359
360
363
360
360
363
363
359
360
{ { —Pewers and duties of........... 334
362
Sufferance wharves and warehouses.....
GENERAL INDEX.
33
The figures denote the pages which are numbered at the bottom.
CUSTOMS ACT-Continued.
Tare—Allowance to be made for.......... 359
Transfers in bond................... * a e s m e º a º e s is 360
Warehousing...................................... 360
Regulations—Publication of................. . 363
Repairing damages............................... 341
Report and entry inwards. See Entry
- inwards.......................................... 305
Revenue—Protection of. See Protection
of the Revenue................................ 329
Sale, if duty not paid............................. 305
Samples may be taken—When.............. 305
Seized articles, how dealt with .............. 343
Appropriation of penalties.................. 347
Cattle or perishable articles................ 346
Condemnation of thing seized.............. 345
Decision of Minister............................ 344
Delivery of things seized to owner........ 346
Enforcement of decision...................... 345
Forfeiture and penalty........................ 345
Hearing in court................................. 347
Invoices and papers to be furnished...... 345
Notice of intent to claim...................... 347.
“ to the parties........................... 347
Penalty for not furnishing invoices, &c. 346
Public auction—Sales to be by............ 347
Recovery of penalty............................ 345
Report of commissioner...................... 344
. Seizure or detention to be reported...... 344
Smuggled goods stopped on suspicion,
&c. .......................... ..................... 344
Statement under oath........................ 344
Summary proceedings........................ 347
Valuation of seized goods.................... 347
Signature—Form and requisites of......... 341
Spirits and strong Waters..................... 305
Surplus stores—dutiable........................ 342
Tare—Allowance for............................ 304
Time of exportation defined............... ... 338
{ { importation defined.................. 338
tjnder valuation.................................... 303
TInladen vessels.................................... 341
Valuation for duty................................ 316
Cash value......................................... 316
Deduction for value of packages.......... 3.18
Depositions to be filed......................... 320
Disputed charges................................ 317
Drawback, part of value, when........... 3.18
Examinations on oath ...................... 319
Goods passing through any country..... 319
Inland transportation—Costs of........... 317
CUSTOMS ACT-Concluded.
Manufactured articles........................ 317
Market value...................................... 316
Penalty for refusing to act as appraiser. 321
For refusing to attend or answer....... 320
Rate of discount allowed on certain
articles....................................... 316, 317
Refund, none without identification...... 3.18
When not allowed for inferiority of
Value........................................... 3.18
Regulations to be made by Governor in
Council.......................................... 317
Remuneration of appraisers on re-
Vision ............................................. 320
Revision of appraisement..................... 320
Seizure and forfeiture......................... 320
Sugars— -
Appraiser of Decision of................. 3.19
Standards for qualities of................. 3.19
Value of, how ascertained................ 319
Warehousing............................... * * * * * * * * 321
Abandonment of packages.................. 323
Amount of duties, how ascertained...... 322
Avoiding or deferring payment not to
be permitted................................... 324
Bonded goods.................................... 32].
Bonds may be cancelled..................... 323
Cattle and swine may be slaughtered,
&c........................ .......................... 323
Duty on Warehoused goods.................. 322
Forfeiture of goods re-landed.............. 324
Goods, not actually deposited in ware-
house ........................... ............... 323
To be finally cleared, when.............. 323
Grain may be ground, &c.................... 324.
Legal transfer—Effect of.................... 322
Owner may sort or re-pack or take
Samples................................. ......... 322
Penalty for unlawful removal.............. 322
Ports................................................. 321
Quantity to be taken out at one time... 323
Removal of goods under bond.............. 32I
Rent and expenses, by whom payable... 322
Sale for payment of charges................. 323
Security, how given........................... 321
Sugar may be refined in bond.............. 324
Transfer of goods in bond.................... 322
Unshipping and landing goods............ 322
Wrecked or derelict goods..................... 305
CUSTOMS-Duties of. See Duties of Cus-
toms ...... ......................................... 365
34
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
ID * .”
DEALER IN MARINE STORES. See
Wrecks and Salvage Act.................. 1202
DEFAMATION. See Libel, &c................. 1897
DEFAMATORY LIBEL. See Libel, &c... 1897
DEFECTIVE LETTERS PATENT AND
THE DISCHARGE OF SECURI-
TIES TO THE CROWN- An Act res-
pecting........................................... 1559
Cancellation of defective letters patent... 1559
Correct letters patent to issue................ 1559
Discharge of securities to the Crown...... 1559
Securities to the Crown how discharged. 1559
DEPARTMENT OF AGRICULTURE. See
Agriculture—Department of ............. 249
DEPARTMENT OF CUSTOMS. See CuS-
toms Act......................................... 302
DEPARTMENT OF FINANCE. See Fin-
ance, &c................................... . . . . . . 261
DEPARTMENT OF FISHERIES. See
Marine—Department of, &c.............. 251
DEPARTMENT OF JUSTICE. See Jus-
tice—Department of ........................ 243
DEPARTMENT OF MARINE, &c. See
Marine, &c., Department of............... 251
IDEPARTMENT OF PUBLIC PRINTING
AND STATIONERY. See Public
Printing, &c.—Department of.......... 255
DEPARTMENT OF RAILWAYS AND
CANALS. See Railways and Canals
565
DEPARTMENT OF THE
See Interior—Department of.............. 245
DEPARTMENT OF THE PUBLIC SER-
VICE.-An Act respecting, &c. See
Contingencies Act............................ 239
DEPOSIT-Money on—Returns by persons,
&c., receiving. See Returns by cer-
tain persons, &c. ............................. 1691
DESERTERS. See Offences relating to
- the Army and Navy....... • * * * * * * * * * * * * * e º ºs 1979
DESIGNS. See Trade Mark and Design
Act.…........................................... 935
DEVELOPMENT OF THE SEA FISHER-
IES. See Sea Fisheries, &c............... 1273
DISCHARGING OF THE CARGOES OF
VESSELS ARRIVING AT PORTS IN
QUEBEC.—An Act respecting the.... 1237
Cargo to be received within 24 hours after
notice of arrival ............................. I237
Daily discharge of cargo....................... 1237
Owners risk after notice.............. . . . . . . .... 1237
DISCIPLINE, &c. See Government Wessels
Discipline Act................................ 100]
DISPOSAL OF ACTS. See Appendix
No. 1.............................................. 23.19.
DISQUALIFICATION AS MEMBERS.
See House of Commons, &c............... 191
DISTILLERIES. See Inland Revenue Act. 450,
DISTRESSED MARINERS. See Sick and
distressed Mariners......................... 1105.
DISTRICT OF KEEWATIN. See Keewatin
Act................................................. 803.
DOCUMENTS ENGROSSED ON PARCH-
MENT. See Public Documents, &c. 1557
DOMINION CONTROVERTED ELEC-
TIONS ACT ................................... 149
Abatement of petition by death of peti-
tioner............................................. 165.
Costs in case of................................... 165.
New petitioner ................................... 165
Notice in case of................................. 165.
Abatement of petition by death of re-
spondent ........................................ 165
Adjournment of trial .......................... 166.
New respondent ................................. 165
Notice to be given .............................. 165.
Acceptance of office............................. . 167
Appeals, provided for ........................... 161
Costs, Security for.............................. 161
Deposit, in case of.............................. I61
Determination of ................................ l62.
Preliminary proceedings..................... 162,
Security for costs ............................... 16]
Supreme Court of Canada to hear........ 162
Transmission of record........................ 162
Application of this Act ......................... 168
Corrupt practices at elections................. 168
Affidavit of production of books and
papers, Schedule.............................. 171
Application of fines. ........................... | 70,
Conduct of trial ................................. 169,
Contempt of court.............................. 170
... Corrupt practices—Punishment of ....... l'70
Counsel for prosecution....................... 169,
Court of record................................... 169
Expenses of trial................................. 169
Fines, how applied.............................. 170.
Provision in case offender has been
tried before...................................... 170
Punishment of witnesses, in case of con-
tempt “........................................... 170
Punishment, when offender convicted... 170
Recognizance to appear ..... ............... 168
Quantity of cargo to be discharged daily. I237
Record to be filed................................ 169
GENERAL INDEX.
35
The figures denote the pages which are numbered at the bottom.
DOMINION CONTROVERTED ELEC-
TIONS ACT-Continued.
Report of issue of summons ................. 168
Schedule—Affidavit ........................... I'7]
Staying proceedings........................... 170
Summary trial.................................... 168
Summons may issue ........................... 168
Twice—No person to be tried............... 171
Witness, when guilty of contempt........ 170
Witnesses, how subpoenaed and sworn. 169
Costs, &c., of election petition................ 162
Agent shall pay, when........................ 163
Appeal—Costs in cases of............... 161, 163
Execution for...................................... 163
Recovery of....................................... 163
Taxation of...................... * * * * * * * * * * * * * * * * * * * 163
Documents—Production of ................... 155
Affidavit on production .................. 156, 171
Inspection of...................................... 155
Penalty for disobedience..................... I56
Rule or order for................................. 156
Service of rule or order ....................... 156
Double return ............ '• • * * * * * * * * * * * * * * * * * * * * * * * * 166
Election petitions. See Petitions ........... 15]
General provisions ............................... 167
Expenses of judge .............................. 167
Expenses of travelling, &c............... ... 167
Extension of time................................ 167
Interpretation ..................................... 149
“Candidate ".................................... 149
“Clerk of the court”......................... 149
“Corrupt practices”........................... 149
“Court—The ”.................................. 150
“Election” ....................................... 149
“Electoral district”........................... 149
“Member”....................................... , 149
“Prescribed ”.................................... 149
“Rules of court”................................ 149
“The Judge ".................................... 150
“The Speaker”................................. 149
Judge—Expenses of .............................. 167
Petition complaining of no return........... 151
Petitions......... ... .# * * * * * * * * * * * * is a e s a º e e º e º e s e e s ∈ e º e 151
Answer of respondent......................... 153
Clerk of the court............................... 152
Copy to be sent returning officer.......... 152
Deposit for costs................................. 152
Deposition may be used by either party 155
Depositions, how taken........................ 154
To be filed....................................... 154
Examination—Notice of....................... 155
Examination of candidate.................... 154
Form and contents of.......................... 151
Issue, When complete.......................... 153
Objections, how decided...................... 153
Parties—Examination of..................... , 153
Preliminary examination................. ... 153
DOMINION CONTROVERTED ELEC-'
TIONS ACT-Continued.
Presentation of petition....................... 151
Prisoner—Attendance of, as witness..... 155
Questions may be put down in certain
C&SeS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Security for costs................................ 152
Service of notice................................. 153
Subpoenas.......................... e < * * * * * * * * * * * * * * * 155
Time for presentation......................... I52
Trial of............................................. 156
Witness when guilty of contempt......155, 158
Witnesses—Attendance of................ 155, 158
Quebec—Province of Venue in............. I50
Respondent not opposing petition........... 166
Respondent—When returning officer
shall be............ .............................. 151
Rota of judges ...................................... 150
Rules of court—
Judges to make................................... 166
Practice in cases not provided for......... 167
Their effect......................................... 166
To be laid before House of Commons.... 167
Trial of petitions— -
Abatement of petition......................... 165
Adjournments........................... ‘e e s e e s e s a 157
Bracketted—Lists to be....................... 156
Conduct of.................. • * * * * * * * * * * * * * * * * * * * * * 157
Corrupt practices............................... 158
Judge shall report, to speaker.......... 159
Costs................................................. 162
Decision of judge................................ I59
Enlargement of time of........................ 157
Expenses of witnesses.......................... 159
Judge's report.................................... I59
List to be prepared by clerk................. 156
New writ, when ordered in case of cor-
rupt practices.......................... ... 160, 161
Notice of.................. .......................... I57
Place of............................................. 157
Powers of judge.......... ....................... 158
Privilege of Witness........................... 158
Report of judge...... ............................ 159
Seat claimed for person not returned,
Evidence in such case...................... 159
Short hand writer may be employed..... 159
Speaker shall inform the House of
judge's decision............................... 160
Speaker's duty on receiving judge's re-
port, &c.......................................... 160
Special case, when may be stated......... 161
When trial shall commence................. 157
Withdrawal of petition........................ 164
Witness, not privileged, when............. I58
Witnessess—Expenses of, &c............... 159
How Subpoenaed......................... ..... 158
C}
36
GENERAL INDEX. w
The figures denote the pages which are numbered at the bottom.
ToMINION CONTROVERTED ELEC-
TIONS ACT-Concluded.
Two or more candidates may be respon-
dents........ tº a t w tº e º 'º - e º e s tº a tº e º g º ºs e º e º 'º e º 'º - e. e. e. e. e. e. e. 151
Venue in Province of Quebec.................. 150
Withdrawal of petitions.............. • * * * * * * * * * 164
Additional security in case of............... 164
Corrupt arrangement, &c.................... 165
Costs of.................... * * * * * * * * * * * e e s e s - w & s • * * * * 165
Effect of substitution........................... 164
Joint consent of petitioners.................. 165
Leave of court or judge. ..................... 164
Notice of............................................ 164
Report of judge to Speaker.....?............. 165
Substitution of a petitioner.................. 164
DOMINION DAY-An Act respecting....... 1531
First day of July in each year................. 1531
Sunday—Provision in such case............. 1531
DOMINION ELECTIONS ACT............... 89
Appeal, pending under the Electoral
Franchise Act............... ~~~~ 102
Ballot box, how provided........... … 126
How to be constructed........................ 126
Ballot boxes—Preservation of................. 110
Ballot papers................................. 100 to 103
Inspection of how obtained.................. 111
Ballots and election documents—Preser-
Vation of . ......................................... 110
Candidates expenses. See Election ex-
PellSeS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I23
Candidates—Who may be..................... 94
Close of poll......................................... 103
Appeal—Ballots of voters who are sub-
jects of........................................... 104
Ballots objected to........................ … 104
Certificates to candidates.................... 105
Counting votes................................... 103
Delivery of ballot boxes....................... 105
Oaths of officials................... 105, 145 to 147
Rejecting ballots................................ - 103
Spoiled ballots.................................... 104
Statement by deputy returning officer ... 104
Contracts when Void............................. 127
Copies of Act and instructions to be trans-
Jmit:ed to each returning officer............ 125
Corrupt practices—Prevention of........... li3
Bribery—Who guilty of.................. 113, 114
Candidate—Effect of corrupt practices
by.................................................. 117
Conveyance of voters.......................... 116
Disqualification of candidates.............. 118
Of others........................................ 118
Removal of............................. ....... 118
Knowledge and consent...................... 117
Misdemeanor—Persons guilty of....... 114, 115
Money or valuable consideration.......... 113
l
DOMINION ELECTIONS ACT-Continued.
Personation... ................ 6 tº e º e º e º a s e º e º e º 'º e º & 116
. Subornation of............................... ... 116
Striking off votes.......... * * * * s e º 'º e º s a s a s e … 1I6
Threats of violence, &c....................... 115
Treating defined and penalty............... 115
Criminal and civil procedure.................. 120
Certificate of returning officer, evidence
of what.......................................... 122
Certified copies, evidence in what cases 122
Costs in criminal prosecutions.......... ... 121
Evidence in civil cases........................ 121
General evidence of certain facts suffi-
cient............................................ ... 122
Limitation of time for prosecutions and
suits...... …...................................... 123
Penalties and forfeitures—Recovery
of.............................. tº e e s tº e º 'º e e 120, 122, 123
Pleadings what to allege........... 120, 121, 122
Private prosecution—Costs of............. 121
Privilege of person giving evidence...... 121
Sessions cannot try ............................ 123
Declaration day ................................... 105
Adding together the votes .................. 105
Adjournment, when ........................... 106
Casting vote in case of tie................... 105
Loss of ballot boxes........................... 106
Election expenses................................. 123
Agent to be appointed........................ 123
Bills, charges and claims ; when to be
sent in............................................ 124
Payment when to be made.................. 124
Publication of detailed statement......... 124
Penalty in default of........................ 124
Statement by agent............................ 124
Entry of names of voters ....................... 102
Fees and expenses of returning officers
and others................... ...... 124, 147 & 148
Payment from what fund..................... 125
Tariff of fees............... ; * * * * * * * * s s e e s e s a • * * 147, 148
May be increased in certain electoral,
districts....................................... 125
May be revised and amended............ 125
Forms—Schedule of........................ 128 to 148
Ballot paper.................................... J. 134
Certificate of election clerk.............. D. 130
{{ poll clerk.................... O. 137
{ { returning officer............ E 129
Commission of
Deputy returning officer ............... K. 134
Election clerk..............................C. 129
Poll clerk.................................... N. 137
Directions for voting....................... M. 136
Fees of officers, &c., 2nd schedule.....147, 148
Nomination paper ........................... F. 131
Penalties....................................... 114,
Notice of poll being granted ............. I. 133
115
GENERAL INDEX.
37
The figures denote the pages which are numbered at the bottom.
DOMINION ELECTIONS ACT-Comtinued.
Oaths of
Agent of candidate....................... Q. 138
Deputy returning officer, L. & A. A. 135,145
Election clerk.................... 4........ D. 129
Identity, &c................................. Y. 144
Messenger.................................... Z. 145
Nomination—Attestation of........... G. 132
Poll clerk...... .............. O. & B B. 137, 146
Qualification of voter....S., T., U., W.,
W. & X................................ 139 to 144
Returning officer.......................... B. 128
Poll book ....................................... R. 139
Proclamation.................................. E. 130
Return............................ H. & C C. 132, 147
Tariff. See Fees, &c., 2nd schedule..147, 148
Writ of election.............................. A. 128
Inspection of ballot paper..................... 111
*Instructions to be given........................ J.01
Interpretation...................................... 89
“Election”............................ . . . . . . . . . . . . 89
“Elector”......................................... 89
“Electoral district ’’.......................... 89
“Judge”........................................... 90
“List of voters” ................................ 89
“Personal expenses”.......................... 90 |
“Polling district” ............................. 89
“Voter”........................................... 89
“Voters' list”................................... 89
Interpreter may be sworn............... • * * * * * * 102
Keeping peace and good order............... 111
Battery—Punishment of...................... 112
Entertainment forbidden ..................... 112
Flags, &c., not to be furnished ............ 112
Liquors not to be sold.......................... 113
Penalty........................... .................. 113
Ribbons, &c., not allowed................... 113
Strangers not to enter polling district,
armed ......... .................................. 112
Taverns to be closed.................. ......... 113
Weapons—Offensive, to be delivered
up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Marking ballots.................................... 101
Mistakes of form, not to avoid election... 126
Nomination of candidates ..................... 94.
Attestation of nomination paper.......... 95
Consent of candidate.......................... 95
Deposit of $200................................... 95
Hours for nomination.......................... 94.
Nomination paper .......................... . . . . . . 94
Form of. See Schedule F. ............... 131
Place of nomination ........................... 93
North-West Territories—.This Act not to
apply to.......................................... l27
Notices, how given............................... 126
Oath of qualification................. 100, 139 et seq.
DOMINION ELECTIONS ACT-Continued.
Offences and penalties.......................... 118
Aiding or abetting personation............ 119
Forgery, &c., of ballot papers ............. 118
Punishment of................................. 119
Liability for not returning candidate
elected......................................... 119
Penalties specified.............................. 118
Stealing or tampering with election
documents...................................... 119
Officers' expenses. See Fees, &c............ 124
One elector only to enter compartment at
one time.......... ................................ 100
Peace and good order, how kept............ 111
Penalties—Offences and....................... 118
Penalty for taking away ballot paper..... 101
Poll book to be provided........................ 100
Form of. See Schedule R.................... 139
Poll—Proceedings on granting............... 96
Appointment of deputies..................... 96
Ballot boxes to be delivered................. 97
Ballot papers to be printed................. 96
Form of. See Schedule J................. 134
Deputy returning officers.................... 96
Duties of returning officers................. 96, 97
Form of notice. See Schedule I........... 133
Hours for polling.............................. 96, 98
Notice of poll, how posted.................. 96
Place of holding poll.................. • * * * * * * * 98
Poll clerk—Appointment of................. 97
Deputy returning officer—He may
act as...... tº e s a e s = • * * * * * * * * * * * * * * * * * * * * * .....97, 138
Oath of.........................................97, 138
Withdrawal of candidate. .................. 96
Polling day—Proceedings on. ............... 98
Agents of candidate, how appointed..... 98
{ { { { may be present..... 98
Calling voters.................. ......... ......... 99
Candidates may be present................. 98
Oath of secregy by agent.................... 98
Opening º a s e º e º e º e s a tº s e º 'º º ......... . . . . . . 98
Proclamationſ of election ...................... 92
Accidents or delays provided against... 93
Algoma .............................. ...... . . . . . . . . . . 92
British Columbia................................ 92
Chicoutimi........................................ 92
Form of proclamation....................... 93, 130
Gaspé ............................................... 92
Saguenay ................................. ........ 92
Time and mode of publishing.............. 93
Provincial laws not to apply................. 127
Qualification of candidates.................... 94
Re-count by judge................................ 106
Application for................................... 106
Certificate of result............................. 108
Costs—Security for............................. 10'7
Oaths—Administration of................... 126, 127
Deposit for same.............................. 107, 109
38
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
DOMINION ELECTIONS ACT-Concluded.
Extension of time................................ 10'7
Mode of conducting.............. . ......... 107, 108
Security for costs. .............................. 107
Return of candidate elected................... 109
Canada Gazette to contain notice of...... 109
Report by returning officer.................. 109
Return to Clerk of Crown in Chancery,
What to contain.............................. 95
Return, when no more candidates nom-
inated than number to be elected.....95, 96
Returning officer—
Appointment of.......................... ......... 90
Duties of............................................ 91
List of voters, how procured by........... 92
Proclamation to be posted by.............. 92, 93
Form of proclamation....................... 130
To appoint election clerk.................... 91
Who excluded from being.................... 90
Who exempted from being.................... 91
Revising officer not to be a candidate ..... 94
Secrecy of voting................................. 110
Spoiled ballot paper.............................. 103
Telegraph—Transmission by................. 127
Voter, whose name has been used........... 103
Voters' lists to be obtained.................... 92
Voters refusing to be sworn.................. 103
Voters unable to mark ballot................. 101
Voters—Who qualified as....................... 99
‘‘ —Who unqualified...................... 99
Voting—Secrecy of................................ J 10
Where electors shall vote..................... 100
Exception as to agents, &c.................. 100
DOMINION LANDS ACT-An Act re-
Specting ......................................... 817
Administration............... ...... .............. 818
Dominion Lands Board—Its composition 818
Duties ............................................ 818
Establishment ................................. 818
Powers .......................................... 818
Employees in outside service to take
oath of allegiance and oath of office... 819
Employees of department, not to pur-
chase, &c. ....................................... 819
How established................................. 818
Officers, how appointed....................... 818
Powers and duties of........................ 818
Affidavits may be sworn before whom ..... 848
Application of Act ............................... 818
Assignments ....................................... 837
Legal representative—Rights of........... 837
Registration of ................................... 837
Board of examiners .............................. 849
Admission as surveyor—Examination
for.................................................. 853
Allowance to members of .................... 856
DOMINION LANDS ACT-Continued.
Affidavit of pupil ........ * e s e º s e e s s a s e e s e s we a 850
See Schedule Form P..................... 871
Affidavit of surveyor........................ 850
See Schedule Form O. .................. 870
Alteration of Form N. ..................... 851
Articles in Writing........................... 850
See Schedule Form N. .................. 868
Notice by ....................................... 850
Transfer of articles .......................... 851
Transmission of articles.................... 851
Commission as Surveyor ..................... 851
Dismissal of Surveyor......................... 856
Dominion topographical Surveyor......... 855
Examination by one member of............ 850
Fees ........................ .......................... 855
Graduates of military colleges.............. 852
& C “ other colleges ................. 852
Higher branches of study .................... 854
How constituted................................. 849
Meeting of ......................................... 849
Members to be sworn........................ ... 850
Notice of meetings.............................. 850
Oath of office ..................................... 850
See Schedule Form M. ..................... 868
Practice in the field, &c. ..................... 853
Quorum ............................................. 850
Registration of commission.................. 854
Secretary .......................................... 850
Successful candidates ......................... 858
Surveyors in other parts of Her Majesty's
dominions.......................................2 852
Suspension of surveyor........................ 856
Topographical Surveyors..................... 855
Boundary lines, &c............................... 860
Chain bearer...…......…. 857
Commissioner of Dominion lands.........., 818
Department of the Interior.................... 818
Disposal of Dominion Lands.................. 822
Bounty land Scrip .............................. 824
Discontinuance of pre-emption............ 834
Dominion lands—Sale of..................... 825
Grazing lands.................................... 835
Hay lands.......................................... 835
Homestead—Entry for ........................ 826
See Schedule Form A....................... 863
Hudson's Bay Company—Lands re-
served by .............................. ......... 822
Land Scrip.......................................... 824
Lands reserved by Hudson's Bay Co.... 822
Lands—Sale of Dominion ................... 825
Lands–School ................................... 823
Military bounty land scrip .................. 824
Assignments not allowed.................. 825
Warrants ....................................... 824
Mining and mining lands..................... 834.
Articled pupil—Examination of ........... 850
Pre-emptions—Discontinuance of......... 834.
GENERAL INDEX.
39
The figures denote the pages which are numbered at the bottom.
IDOMINION LANDS ACT-Comtºm wed.
- Sale of Dominion lands .......................
Auction..........................................
Quarry -
Water powers .................................
School lands......................................
Investment of moneys......................
Payment for....................................
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s e e º e a
Sale of...............................'• . . . . . . . . . . . . -
Sites of market places and for other
public purposes................................
Town plots................... .....................
Division lines in fractional sections.........
Dominion land Surveyors.......................
Dominion lands board...........................
Dominion lands—Disposal of..................
“Dominion lands office ’’.......................
Dominion topographical surveyors.........
Evidence before surveyors.....................
Boundaries, when doubtful..................
Penalty for disobeying subpoena...........
Subpoenas may be issued.....................
Service of.......................................
To be reduced to writing, &c....... * * * * * * * *
IExaminers—Board of............................
Fractional sections—Division lines in.....
43eneral provisions................................
Affidavits may be sworn before whom..
Certified copies...................................
Entry receipt—Effect of......................
Evidence.................... • a n e º 'º e s • * * * c e º e s e e s e e º q
Examinations on oath.........................
Forms may be varied, how..................
Lithographed copies....... ~~~~
Punishment for contempt ....................
Carrying out this Act.........................
Certain claims to lands outside Mani-
toba prior to 15th July, 1870.............
Claims arising out of Indian title.........
Drainage.......... .................................
Indian reserves ..................................
Lands for railways.............................
'Orders to be laid before Parliament......
Penalties for violation, &c.................. -
Publication of orders..........................
Railway to Hudson's Bay....................
Schools in agriculture...... ..................
824
824
826
Advancing moneys, provided for...832 to 834
Affidavits on application for................
82'ſ
See Schedule, Forms B, C and D...863, 864
DOMINION LANDS ACT-Coutinued.
Area of.............................................. 826
See Schedule Form A..................... 863
Assignments or transfers..................... 832
Delay for perfecting entry................... 829
Discontinuance of pre-emptions........... 834.
Disputes, how settled......... .......... ...... 828
Effect of entry, &c.............................. 827
Entries on behalf of another................ 828
Affidavit in such case...................... 828
See Schedule Forms G, H, J ...... 865, 866
Application in such case.................. 828
See Schedule Form F.................... 865
Fees in such cases........................... 828
Exemption from execution................... 827
Fee for pre-emption entry.................... 828
Forfeiture by non-residence. ............... 831
Sale in such case............................. 832
Hamlets or villages......... ................... 829
Patent, how obtained................... 829 to 831
Plans for assisting Settlers................... 832
Pre-emption entry............................... 827
Proof of residence, &c......................... 830
“Inspector of Dominion lands agencies.” 818
Interpretation...................................... 817
“Agent ’’ or “ officer "....................... 817
“Clause”.......................................... 817
“Crown timber agent "...................... 817
“ Dominion Land Surveyor ’’. ........... 817
“Dominion Lands "................... ....... 817
“Land office "................................... 817
“Local agent''............ ..................... 817
“Minister”............ ............ ............... 817
“Pre-emption entry” ........................ 817
“Pre-emption right”.......................... 818
“Sub-clause ".................................... 817
“Surveyor General”.......................... 817
Land Scrip............................................ 837
Lands under Indian title ...................... 818
Legal sub-divisions—Survey of......... , * * * * * * 859
Lines in fractional Sections.................... 859
Lines—Original boundary..................... 860
Lost Corners.................... ..................... 858
Management—Administration and........ 818
Measure—Standard of........................... 857
Obliterated lines................................... 858
Offences............................ ......... ......... 862
Destroying land marks...................... ... , 862
Molesting Surveyor............................. 862
Original boundary lines......................... 860
Patents ............................................... 835
Cancellation in case of error............... 836
Deficiency of quantity—Remedy in case
of................................................... 835
Department of Interior........................ 835
Fraud, error, &c.—Provision in case of. 836
Application of privilege.......................
Order to sheriff to give possession........
82'ſ
837
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
DOMINION LANDS ACT-Continued.
Possession, how obtained.................. e. e. e. tº a 837
Preparation of......... * * * * * * * tº dº e o e º e º 'º - 4 º e º 'º e º & © tº 835
Remedy in case of deficiency............... 835
Limitation of time for claim............. 836
Remedy in case of inconsistent patents. 836
Limitation of time for claim............. 836
Remedy in case of refusal, &c....... ..... 836
Signing of….................................. 835
Penalties. See Offences........................ 862
Powers of Governor in Council.............. 846
Renewal of lost corners and obliterated
lines........................... ...................... 858
Schedule—
Acknowledgment and charge. ......... L. 867
Affidavit by pupil........................... P. 871
Affidavit by surveyor....................... O. 870
Application for homestead entry......A. 863
Affidavit in support of by non-set-
tler.......................................... C. 864
Affidavit in support of by settler....B. 863
In case of forfeiture...................... D. 864
Application for homestead entry by
agent....................................... F. 865
Affidavit in support of in case of for-
feiture....................................... I. 866
On behalf of non-settler ............... H. 866
{ { “ settler....................... G. 865
Articles of pupil.............................. N. 868
Commission of surveyor................... Q. 871
Oath of member of board of examiners.M 868
Receipt—Certificate of..................... E. 865
Standard of measure............................. ‘857
Sub-divisions—Survey of...................... 859
Superintendent of Mines....................... 818
Survey of legal sub-divisions................. 859
Surveyor may enter private lands.......... 862
Surveyors and surveys.......................... 849
Surveyors—Evidence before.................. 861
Surveyors—Returns of.......................... 856
Allowance to, as witness.................... 857
To keep journals, &c........................... 857
Surveys............… , 8.19
Allowances for deficiency or surplus..... 820
Base lines of townships,...................... 820
Blocks of four townships..................... 821
Bounding lines of townships................ 819
Contract or tender—Surveys to be
given out by................................. 821
Exception....................................... 821
Corners on correction lines.................. 821
Corners to be marked......................... 821
Correction lines................................. 820
Designation of meridians..................... 820
Diagrams ..................................... 819, 822
Divisions of a section ......................... 820
DOMINION LANDs ACT-coucluded.
First base line.................................... 820
Forty-ninth parallel........................... 820
Fourth base line................................. 820
International boundary....................... 819.
Irregular quarter sections................. 821
Laying out and describing lands......... 822:
Legal sub-division of townships........... 821
Meridians—Designation of .................. 820
Numbering of township....................... 819.
Posts and monuments at corners......... 821
“Principal meridian "......................... 820
Second base line................................. 820-
Sections—Division of.......................... 820
How bounded and numbered........... 819.
System of.......................................... S19
Third base line................................... 820.
Townships.......................................... 819.
Base lines of........................... ... tº e g tº e º & 820
Bounding lines of............................. 819.
Numbering of.................................. 819.
Taking up posts and boundary marks..... 863
Timber and timber lands....................... 838.
Cutting timber without authority........ 843
Absence of satisfactory explanation. 844
Burden of proof................................ 844
Confiscation.................................... 845
Fine, when imposed............... ........ 845.
Forest parks ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 843
Forfeiture, &c................................. 845.
Limitation of claim.......................... 845.
Mixed timber................................... 844
Penalty .......................................... 843
Recovery of dues................... ......... 844
Release on security ............. ............ 844
Sale in default................................ 845.
Seizure of timber............................. 844
Slides, &c....................................... 846
Timber berths.................................... 839
Wood for settlers............................... 838.
Township plans and patent lists ............ 837
DOMINION NOTES-An Act respecting... 297
Agencies for redemption of notes........ 298, 299.
Amount in gold to be held for redemp-
tion of notes.................................... 297
Debentures may be issued..................... 298
Interpretation...................................... 297
Issue of Dominion notes ........................ 297
Legal tender—What shall be................. 298.
Monthly statements to be published........ 298
Notes, a legal tender........................... 298.
Provincial notes—Redemption of........... 299
Redemption of Provincial notes............ 299
Redemption—Provisions for..... ............ 297
Specie—Meaning of............................... 297
Fifth base line.................................... 820
Unguaranteed debentures............ ........ 297
GENERAL INDEX.
41
The figures denote the pages which are numbered at the bottom.
DRUGS, &c.—Adulteration of. See Adul-
teration Act.................................... 1443
DUTIES OF CUSTOMS-An Act respect-
ing the............................................ 365
A—Duties in schedule, imposed........... 365, 368
Acids................................. ......... ......... 368
Ad valorem duty. See Packages, &c...... 366
Agates, &c........................................... 368
Agricultural implements....................... 368
B–Duties in schedule........................ 365, 399
Books, &c............................................. 370
Breadstuffs.......................................... 3.71
Butter—Substitutes for.......................... 366
C–Goods in schedule, free.................:365,401
Carriages ....................... ..................... 3.72
Certain articles to be free of duty in
Canada, when free in the United
States ................................... ......... 367
Coffee, &c,........................................... 374
Cotton—Manufactures of....................... 374
D—Goods in schedule, prohibited......366, 410
E. Schedule of export duties............. 366,411
Export duties.................................... 366,411
Fish and fisheries.............................. 365, 399
Free of duty—What goods.................. 365, 401
Free—Packages, when not specified...... 367
Fruit, dried ...................... ................... 377
“ green.......................................... 377
Fruit trees...... ......... ............................. 396
Furniture .............<. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 378
Furs......... ......... .......................... ......... 378
Game—Export of, prohibited ................. 36%
Glass and Manufactures of..................... 378
Goods—Meaning of expression ............... 365
Gunpowder and other Explosives........... 379
Importation in bond.............................. 367
Iron and Manufactures of........................ 380
Leather.............................. ......... ......... 383
Medical preparations............................. 368
ELECTIONS. See Dominion Controverted
Elections Act.................................. 149
See Electoral Franchise Act....... ........ 19
ELECTIONS OF MEMBERS, CORRUPT
PRACTICES, &c. See Corrupt Prac-
tices, &c....................... • . . . . . . . . . . . . . . . . . . 173
ELECTIONS OF MEMBERS, &c. See
Dominion Elections Act.......... ......... 89
ELECTIONS-Who entitled to vote at.
See Electoral Franchise Act............ 19
ELECTORAL FRANCEIISE ACT.............. 19
Adjournment of court or sittings........... 34
Alteration of polling districts................. 32
IDUTIES OF CUSTOMS-Concluded.
Newfoundland—Remittance in respect of 365
Not specified, packages free.................... 367
Oils.................................... & e g g g g g º ºs º is ſº e º 'º º is & 385
OleOmargarine .................................... 366.
Organs ................................................ 386.
Packages containing goods paying ad
valorem duty................................... 366.
Paying specific duty........................... 367
Penalty for attempting to export without
paying duty................ . . . . . . . . . . . . . . . . . . . . 366
Pianofortes......... .................. ........ . . . . . . . ,387
Prison manufactures.............................. 366.
Prohibited goods .............................. 366,410
Schedules—
A.—Duties in, imposed .................... 365, 368
B.—Duties in.................................. 365, 399.
C.—Goods free of duty..................... 365, 401
D.—Prohibited goods...................... 366,410
E.—Export duties........................... 366,411
Ships. ........... ......... ............... ............... 389.
Specific duty........................................ 367
Spirits, &c............................. ............... 390;
Steel and Manufactures of............ ......... 392
Stone ...................... ......... . . . . . . . . . . . . . . . . . . 393.
Sugars, syrups and molasses.................. 394.
Tea and coffee—Duty on, in relation to the
United States................... .............. 367
Tea from United States .......................... 395.
Trees—Fruit......................................... 396
Twenty per cent. ad valorem, when........ 399.
United States, &c. See Tea and Coffee,
&c.................................................. 367
Remittance in respect of..................... 365
Vegetables ........................... ............... 306.
Wines—Remission of duties on, in certain
C3 SCS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 367
Wood and manufactures of.................... 397
Wools and woollens.............................. 398
ELECTORAL FRANCHISE ACT-Continued.
Amendment—Powers of........................ 34.
Appeal .................................. ............... 36
Application for................................... 36
Costs on ............................................ 38
Counsel—Party may appear by............ 38
Courts of ......... ,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36, 37
Decision final.................................... 38
Notice of final decision........................ 38
Powers of judge................................. 3
Procedure in case of Appellant appear-
lil 9, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Not appearing.............................. 37
Form of order for. See Schedule G...... 44
Application of Act ............................... 39
42
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
ELECTORAL FRANCHISE ACT-Continued.
Bailiff and constable.............................. 28
British Columbia, additional persons en-
titled to be registered, &c., in .......... 26
Certified lists to be used pending appeal. 35
Certifying final lists............... * - - - - - - - - - - - - - - 31
Form of certificate. See Schedule E.... 43
Clerk of revising officer ................ tº º t e º 'º e º º 28
Copies of lists to be provided.................. 36
Costs and mode of recovery ................... 34
Counsel–Party may appear by.............. 34
Court for final revision open .................. 30
Proceedings at, how conducted........... 30, 31
Default of list for any year—In case of,
the last completed list shall be used. 38
Division of polling districts...... * * * * * * * * * * * * * tº 32
Form of order for. See Schedule G...... 44
Entitled to vote—Who shall be .............. 31
Forms—Schedule of.............................. 39
Certificate of list of voters ............... E. 43
List of voters...................................B. 41
Notice of final revision..................... C. 42
Notice of reception of final lists........ F. 44
Notice of objection, complaint or ap-
plication ..................................... D. 42
Oath of revising officer .................... A. 39
Order dividing districts .................. G. 44
Summons to witness........................ H: 45
Indians, who are not qualified ............... 26
Inspection of objections, notices, &c....... 35
Interpretation ..................................... 19
“Actual value” ................................ 21
“City.” “........................................... 20
“Election " ....................................... 21
“Electoral district "........................... 21
“Farm”............................................ 20
“Farmer's son "........................ ........ 20
“Father”.......................................... 20
“Incorporated village’.................... 20
* List of voters’................................. 21
“Mother”.......................................... 20
“Occupant” ..................................... 20
“Owner ".......................................... 19
“Parish” .......................................... 2]
“Person ".......................................... 19
“Proprietor” ................................... 19
“Province”....................................... 20
“Real property” ............................... 20
“Revising officer”.............................. 2]
“Son "..................... ......................... 20
Tenant” ........................................ 20
“Town”............................................ 20
“Usufructuary " ................................ 19
“Value” .......................................... 21
“Voting ” and “to vote ".................... 21
ELECTORAL FRANCHISE ACT –Continued.
North-West Territories—How far Act
applies to ....................................... 39
Notice of final revision ........................ 29, 30
Form of notice. See Schedule C.......... 42
Notices may be examined .....“. . . . . . . . . . . . . . 30
Objections and amendments on final re-
vision—Notice of, to be given........ 30
Form of notice. See Schedule D....... 42
Offences and penalties ......................... 38
Custodian of assessment rolls or list of
voters, refusing to furnish copies...... 38, 39
Indians—Offences against.................... 39
Offences generally and mode of recover-
ing penalty ................................... 38, 39
Partners ......... .................................... 25
Penalties, &c. See Offences and Penal-
ties ............ .... . . . . . . . . . . . . . . .* * * * * * * * * * * * * * ... 38
Polling districts, how altered................. 32
Powers and duties of revising officer...... 33
Prince Edward Island—Additional per-
sons entitled to be registered, &c., in. 26
Publication of list after preliminary re-
Vision ............................................. 29
Qualification of voters........................... 21
Age .................................................. 2I
Allegiance ........................................ 2]
Annuitant ......................................... 24
Farmer's son when father dead............ 23
Father living ................................. 23
Fisherman ......................................... 24
Income .................... • * * * * * * * * * * * * e º e s a s a e g º e 22, 25
Occupancy ........................................ 22
Ownership ........................................ 21
Son of owner of real property when
father dead................................... 24
Father living................................... 23
Tenancy ............................................ 21
Qualifications in city or town, &c., par-
ticularly specified........................... 25
Returning officer to be provided with cer-
tified lists........................................ 36
Revising officer.................................... 27.
Appointment of and duties.................. 27
Deputy.............................................. 27
Oath of office..................................... 27
Form of oath. See Schedule A...... 39
Qualification ..................................... 27
Revision of lists.................................... 28
Erroneous entry, how corrected........... 29
Final revision.................................... 30
Preliminary revision........................... 28
Schedule of forms. See Forms............... 39
Short title............................................. 19
Summary proceedings........................... 34
Tenants in common.............................. 25
Joint tenants......................................... 25
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
ELECTORAL FRANCHISE ACT-Concluded.
Transmission of final lists to the clerk of
the Crown in Chancery.................... 31
Unregistered and disqualified persons not
to Vote............ ................................ 26
Vote—Who entitle to............................ 31
Voters—Qualification of........................ 21
Witnesses may be summoned................. 33
Fees to be paid...... ............................. 33
Exception....................................... 34
Form of summons to. See Schedule H. 45
ELECTRIC TELEGRAPH COMPANIES
ACT ...................… 1749
Bridge over navigable water—Building
of not authorized............................. 1749
Construction of lines—Power for............ 1749
Government may assume line and work
temporarily...... * Q e º e º tº º ſº º 0 ° e º 'º - e g c e e º e º e º a s 6 - 1750
Penalty for non-compliance................. 1750
Her Majesty may assume the property of
the line........................................... 1750
Crown—Property then vested in.......... 1750
Mode of settling the compensation........ 1750
Interpretation “The Company ”........... 1749
Order of transmission of despatches........ 1749
Penalty for violation........................... 1749
Powers for construction of lines............. 1749
Preferential messages........................... 1749
Short title............................................. 1749
‘‘Telegraph "–Meaning of................... 1750
Telephone not included in “telegraph.” 1750
“The company”—Meaning of ............... 1749
EI.ECTRIC TELEGRAPHS. See Marine
Electric Telegraphs......................... 1753
EMBEZZLEMENT. See Larceny Act. 1912, 1918
EMBRACERY. See Threats, &c............... 1999
EMIGRANTS. See Immigration Act......... 949
EMIGRATION AND EMIGRANTS. See
Immigration Act............................, 949
And Immigration Aid Societies ..... 969
ENGINEERS–Examination and licensing
of. See Steamboat Inspection Act ... 1119
ENGROSSED ON PARCHMENT. See
Public Documents, &c..................... 1557
ESCAPES AND RESCUES–An Act re-
Specting........... ................................. 1865
Escaped prisoners, how punished........... 1866
Felonious rescue................................... 1865
Felony—Offence amounting to............... 1865
Lawful custody—Escape or rescue from.. 1865
Misdemeanor—Offence amounting to..... 1865
Penitentiary............... ........................ 1865
Breaking out of.................................. 1865
Keeper allowing prisoner to escape...... 1866
Rescuing prisoner from ....................... 1865
While at Work at................................ 1865
ESCAPES AND RESCUEs—concluded.
Prisoner—Unlawfully procuring dis-
charge of.............................. … 1866
Punishment for.................................... 1865
Reformatory prison or school—Escape
from ...................... * * * * * * g e º e g º & e º e º 'º - tº e º 'º & 1866
Assisting to escape from..................... 1866
Harboring offender escaped from......... 1866
Inducing offender to escape from ......... 1866
Punishment........................................ 1866
EVIDENCE ACT................................. ... 1805
Application of Provincial laws of evi-
dence ................................................ 1807
Canada Gazette.................................... 1805
Copies of entries in books of Government
departments...... ................................ 1807
Copy of extract certified by proper au-
thority ..................... .................. 1806, 1807
Copy of notices, &c., in Canada Gazette. 1806
Copy printed by Government printer of
a Province.......................................... 1806
Copy printed by Queen’s Printer of
Canada.............................................. 1805
How this Act shall be construed............ 1807
Judicial notice...................................... . 1805
Official Gazette of Province................... 1806
Order signed by Secretary of State......... 1806
Primă facie evidence.............................. 1805
Proclamations, &c., by Governor General 1805
{ { ‘‘ Lieut. Governors. 1806
Proof of handwriting not required........... 1806
Provincial Statutes................................ 1805
Short title...... t a e s e e º s v e º e < * * * * * * * * * * * * * * * * * * * * * * * * * * 1805
EVIDENCE RELATING TO PROCEED-
INGS IN COURTS OUT OF CANA-
DA—An Act respecting the taking of 1809
Conduct money and expenses................. 1810
Examination to be upon oath or affirma-
tion.................. ............................... 1810
Interpretation “Cause ’’ ‘‘ Court ’’
“Judge ".......................................... 1809
Order may be made for examination in
Canada of a witness in relation to a
matter pending out of Canada.......... 1809
Enforcement of such order.................. 1809
Powers of Local Legislatures not inter-
fered with.......................................... 1810
Rules and orders may be made by the
- Court....... .............................. ......... 1810
EXCHEQUER COURT. See Supreme and
Exchequer Courts Act ..................... 1761
EXCISE DUTIES-Collection of. See In-
land Revenue, &c............................ 413
EXEMPTED ESTATES IN THE TERRI-
TORIES. See Homestead Exemption
While being conveyed to..................... 1865
7
Act ................................... * e s m e º 'º - e º e º 'º' '79
44
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
EXEMPTION OF TRANSPORTS FROM
PORT AND HARBOR DUES—An
Act respecting the........................... 1233
ExPERIMENTAL FARMSTATION ACT. 889
Annual report by officer in charge......... . 891
Establishment of.................................. 889
Expropriation Act—Application of........ 890 |
Extent of land to be acquired..........vº • * * * * . 889
Locality thereof................................. 889
“Farm station ”—Meaning of................ . 889
Farm stations may be established............ 889
Interpretation.................... ............ .... 889
Location of.......................................... 889
Management of.................................... 890
Manitoba–Land to be set apart in......... 889
“Minister”—Meaning of........................ 889
North-West Territories—Land to be set
apart in......................................... . 889
Officers, &c.—Duties of, in reference to—
Butter and cheese—Production of......... 890
Cereals, grasses, fruits, vegetables,
plants and trees.............................. 890
Destructive insects............................. 891
Diseases of animals............................. 891
{ { of plants............................... 891
Fertilizers.......................................... 890
Foods................................................ 89]
Researches generally........................... 891
Seeds—Vitality, &c., of....................... 891
Stock-breeding........... * * * * * * * * * * * * * * * * * * * * * * * * 890
Tree planting .................................... 891
Officers, &c.—Salaries of, to be fixed...... 890
Principal stations............... - e º we e s e º e º & e º e º m e º s 889
Quarterly reports to be made ................. 891
Salaries and expenses of officers, &c....... 890
Short title.......... ............................ .* * * * * 889
Stations may be established................... 889
Timber growing—Land for.................... 890
Transmission by mail ............~~~~ 891
Tree planting—Land for........... ............ 890
EXPLOSIVE SUBSTANCES ACT........... 1845
Absconding witnesses—Arrest and com-
mitment of...................................... 1847
Attorney General may order inquiry...... 1846
Jurisdiction of a justice of the peace
under such order............................. . 1846
Witnesses—Compelling attendance of... 1846
Privilege of limited......................... 1847
Disposal of explosive substances seized... 1847
Indictment—Different counts in............. 1846
Interpretation ..................................... 1845
“Attorney General ”............. ............ 1845
“Explosive substance”....................... 1845
Making or having explosive substances
for an apparently unlawful object...... 1846
Burden of proof................................... 1846
EXPLOSIVE SUBSTANCES ACT-Concluded.
Punishment .......... .......... ................. 1846
Witnesses.......................................... 1846
Offender not exempt from punishment for
other offences.................................. 1848
Person searching or seizing liable for
wilful neglect only.......................... 1848
Punishment for maliciously causing
dangerous explosions....................... 1845
For maliciously doing acts with intent
or conspiring to cause such explosions 1845
For maliciously making or having ex-
plosive substances........................... 1845
Search warrant for explosives............... 1847
Proceedings on seizure under.......\, . . . . . . . 1847
Seizure under..................................... 1847
Short title............................................. 1845
Venue, &c............................................ 1846
Witness to have copy of information...... 1847
EXPROPRIATION ACT........................... 593
Compensation for land damages and
payment thereof................. * * * * * * * * * * * * * 598
Claims to be adjudged by court........... 599
Clearing incumbrances in Province of
Quebec......................................... 600
In provinces other than Quebec ......., 599
Compensation money to stand in lieu of
land......... ...................................... 598
Costs and interest.............................. 600
Incumbrances how met by compensation
Ill ODeY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 599
Legal tender—What shall be............... 598
Notice of arbitration........................... 598
Reference to arbitrators if claimant is
dissatisfied...................................... 601
Tender of compensation....................... 598
Within what time compensation shall
be paid........................................... 601
Interpretation............... * * * * * * * * * * * * * * * * * * * * * * * 593
“Conveyance ’’............ ..................... 593
“Department”.................... ..... • * * g e º 'º e - 593
“Land”............................................ 594
“Lease "........................................... 594
“Minister”................... .................... 593
“Public work, &c.”........................... 593
“Superintendent’’.............................. 593
Lands to be vested in Her Majesty.......... 601
Manner of taking lands, &c.................. 595
Obligations of land owners.................... 595
Power to take land............................... 594
Powers of the Minister to-
Change course of stream............ ......... 594
Deposit and remove materials.............. 594
Enter lands, &c.................................. 594
Make agreements to purchase............... 595
Make compensation............................. 595
Consent of Attorney General.......... ..... 1846
Take possession................................., 594
GENERAL INDEX.
45
The figures denote the pages which are numbered at the bottom.
FXPROPRIATION ACT-Concluded.
Proceedings for taking possession of
lands............... ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 595
Attestation of plan ....... •,• * * * * * * * * * * * * * * * * * * * * 596
Boundaries how established................. 598
Contract made before plan is deposited 596
Correction allowed............................. 596
Deposit of plan, &c., of land in posses-
Sion of Her Majesty........................... 596
Deposit of plan and description... ........ 595
Effect of certified copy........................ 596
Effect of survey................................... 598
Evidence, When copy prima facie......... 596
Making sidings, &c., to land whence
materials are taken........ .................. 597
Provincial Crown lands...................... 596
Purchase of whole lot.......................... 597
Registration not necessary.................. 596
Survey of land—Who may make ......... 597
When plan, &c., may be deposited........ 596
Witnesses to boundaries....................... 598
Removal of walls and fences adjoining
any public Work.............................. 595
Riparian owner—Rights of Saved........... 60 L
Shores and beds of public harbors........... 601
Short title........ • * * * * * * * * * e s ∈ e º 'º e º 'º e s e º 'º e s e e s tº s e e a tº sº e 593
EXTRADITION ACT................................ l813
Application of Act................................ 1814
Commissioner—Who may act as............ 1814
Crimes—List of. See First schedule ...... 1819
Delay before surrender.......................... 1817
Depositions taken out of Canada........... 1816
Evidence—What, required to justify com-
mittal................................................ 1816
Execution of Warrant........................... 1815
Extradition from a foreign state............ 1818
Conveyance of fugitive surrendered..... 1818
Fugitive surrendered by foreign state,
not punishable contrary to arrange-
ment...... ......................................... 1819
Extradition from Canada ..................... 1815
Foreign state—Extradition arrangement
With................. • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1814
Forms set forth to be valid..................... 1818
See Second schedule ........................... 1820
Fugitive to be brought before judge ...... 1815
El
FALSE PRETENCES—Obtaining money,
&c., by. See Larceny Act............... 1920
FALSE—Swearing. See Perjury .............. 1863
FARMSTATIONS. See Experimental Farm
Stations.......................................... 889
FENCES-Injuries to. See Malicious In-
EXTRADITION ACT-Concluded.
Proceedings thereupon........................ 1815
Fugitive to be conveyed out of Canada
within a certain time.......................... 1818
Fugitive, when not liable to surrender ... 1817
Habeas Corpus—When fugitive may be
released by.......... • * * * * * * * * * e s e º e º s a e º a n e º e º 'º & & e 1818
Interpretation...................................... 1813
“Accused person "............................. 1813
“Conviction ” and “convicted ''......... 1813
“Extradition arrangement ’’ or “ar-
rangement”................................. 1813
“Extradition crime *...................... .... 1813
“Foreign state '' ............................... 1813
“Fugitive criminal ''.......................... 1813
“Judge ".......................................... 1813
‘‘Warrant’’.................... . . . . . . . . . . . . . . . . . . . 1813
Judge—Duty of, on committal............... 1816
Judges—Who may act as...... ...... ......... 1814
List of crimes, how to be construed ........ 1819
Minister of Justice may refuse or cancel
order for surrender in certain cases... 1817
Officer of foreign state—Minister may
º order surrender of fugitive to............ 1817
Order in Council .................................. 1814
Order of Minister of Justice for surrender. 1817
See Schedule, Form Three................... 182 l
Power of officer of foreign state.............. 1817
Property found on fugitive .................... 1818
Report to Minister of Justice................... 1815
Requisition for Surrender ...................... 1816
Surrender of fugitive criminal............... 1815
Warrant of apprehension. See Form One 1820
Warrant of committal. See Form Two. 1820
Warrant when to issue.......................... 1815
EXTRA-JUDICLAL OATHS—An Act re-
specting................................. '• • - - - - - - - 181 I
Affidavits in insurance cases, before
whom to be made ...... ..................... 1811
Oaths, affidavits and affirmations to which
Act does not apply........................... 1811
Penalty for administering oath without
lawful Warrant................................ 1811
Schedule, Form of solemn declaration.... 1812
Solemn declaration may be received ...... 1811
Form of. See Schedule....................... 1812
FERRIES-An Act respecting ........ • a s • e s a s • * 1275
Application of proceeds and penalties...... 1277
“ of this Act—Limit of............ 1277
Competition for licenses how conducted 1275
Duration of license....................... ........ 1275
English and French—Publication of regu-
juries to property.............................
lations in both........................ .........
1276
46
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
FERRIES-Concluded.
Exemptions from this Act..................... 1277
Inquiries—Minister may make................ 1276
Interpretation ..................................... 1275
“Ferry” ........ tº e s a e - e. e. e. e. e. e º e º ºs e º e º e s e e s sº e º e º 'º e s tº a 1275
“License” ................. © tº a º ºs e e e º ºs e e s a e º ºs e º e º e a 1275
“Renewal "................. • * * is e º e º e < e e º se e º e e s tº e 1275
Licenses to be granted only after com-
petition .......................................... 1275
To be under great Seal........................ 1275
Penalties on persons interfering ............ 1276
Power of Governor in Council to make
regulations as to.............................. 1275
Conditions, &c. ................................. 1275
Conducting ferries.............................. 1276
Effect of regulations ........................... 1276
Enforcing payment of tolls, &c............ 1276
Extent and limit of ferries .................. 1275
Forfeiture of license ........................... 1276
Penalties................... 4's • * * * * * * * * * * * * * * * * * * * * * * 1276
Size, &c., of vessels to be used ............. 1276
Tolls or rates .................................... 1276
Recovery of penalties............................ 1277
FERTILIZERS ACT .................... * * * * * * * * * * s e e 1453
Analysis and publication thereof............ 1454
Application of penalties........................ 1456
Conditions under which tag may be at-
tached or certificate granted ..... ...... 1455
Fertilizer imported in bulk..................... 1454
“Fertilizer”—Meaning of...................... 1453
“General Inspection Act”..................... 1453
Inspection at port of entry..................... 1455
Inspector's fee payable before removal.... 1455
Inspector's tag—What, to show............. 1454
Inspectors—Who may be, ex officio......... 1453
Interpretation...................................... 1453
No Sale without certificate, &c............... 1454
One sample at least to be analyzed
yearly ........................................... . 1454
Penalty for forging certificate ............... 1456
Penalty for giving false certificate......... 1456
Penalty for selling, &c., in violation of
this Act......... ................................. 1455
Proviso ............................................. 1456
Penalty for unlawfully attaching tag or
certificate....................................... 1456
Sample to be sent to Minister of Inland
Revenue every year.......................... 1453
FERTILIZERS–Adulteration of. See Adul-
teration Act.................................... 1443
FIGHTING. See Prize Fighting, &c. ........ 1859
FINANCE AND THE TREASURY BOARD
—An Act respecting the Department
of................................................... 261
Accounts—Direction as to mode of keep-.
ing, &c............................................ 263
FINANCE AND THE TREASURY BOARD–Con
Banks, &c. — Returns and statements
from .............................................. 262
Chairman of Treasury Board—Minister of
Finance shall be.............................. 263
Department constituted......................... 261
Deputy Minister—Appointment of.......... 261
Duties of........................................... 262
Deputy Receiver General.................. 261, 262
Distribution of business.......... .............. 262
Duties of department............................. 26].
Interpretation................ © tº e º e g tº a tº 6 º' tº e º e º º º e e º s 261
Deputy Minister, &c............................ 261
Minister of Finance ......................... ... 261
Receiver General............................... , 261
Public accounts........ 4 s e e º e º e º e s s e e º e º a c e s e s e e º e , 262
Secretary of Treasury Board.................. 263
Treasury Board—Its constitution and
duties............................................. 262
FINES AND FORFEITURES.– An Act re- -
Specting ......... ................................ 2187.
Appropriation of penalties, &c.............. 2187.
Consolidated Revenue of Canada.......... . 3188
Crown's share................. a tº e º e s a 6 tº & e s e e s e º 'º e º e tº 2187.
Limitation of actions............................. 2,188
Order in Council—Application of, under. 2187
Penalty, &c., when to go to the Crown... 2187
Recovery of penalties when no other
mode is prescribed........................... 218'ſ
FIRE-ARMS AND OTHER WEAPONS–
An Act respecting the improper use of 184}
Daggers or other weapons—Carrying or
selling ................................... • * * ~ 0 tº g º º 1841
Openly carrying dangerous weapons...... 1842
Pistol or air gun—Person carrying, may
be bound to keep the peace............... 1841
Having such weapon when arrested...... 184]
Person carrying, with intent to injure
8.Ily pel'SOD. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184].
Pointing fire-arm, &c., at any person...... 1841
Sheath knives—Carrying, in sea-port
towns ............................................. 1842
Disposal of weapon............................. 1842
Exception.......................................... 1842
Weapon to be impounded..................... 1842
Soldiers, &c., excepted when on duty...... 1842
Time for prosecution limited......... ........ 1842
FISH AND FISH OILS—Inspection of.
See General Inspection Act.............. 1312
FISHERIES ACT .................................... 1257
Bag-net, trap-net, &c., forbidden........... 1263
Close season for—
Bass, pike, pickerel, &c....................... 1261
Salmon fishery.................................... 1258
Trout fishery....................................... 1260
Whitefish fishery................................. 1260
Appropriation book.............................. 262
Codfishery—Size of nets for.................... 1257
GENERAL INDEX. - 47
The figures denote the pages which are numbered at the bottom.
FISHERIES ACT-Continued. FISHERIES ACT-Continued.
Disputes as to seal fisheries, how settled. 1258 || Nine years—Leases or licenses for........... 1257
Distance between fisheries..................... 1263 Oath of office and form thereof............ ... 1257
Eel fishery—Proviso; as to..................... 1263 Obstructing, &c., with nets, &c........ .... 1263
Fascine fisheries with box-traps.............. 1264 Oyster beds—Making or re-stocking....... 1269
Fish to be allowed free passage on Sunday 1264 Protection of........ ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1269
Forfeiture if taken on Sunday.............. 1264 Special licenses for.............................. 1269
Proviso; as to tidal waters.................. 1264 Penalties and forfeitures........................ 1267
Fishery officers and other justices—Pow- Appeal to Minister.............................. 1267
ers of.................. * * * * * * * * * * * * * * * * * * * * * * * * * * * , 1265 Application of.................................... 1267
Conveyance of prisoners by................ ... 1266 Crown's share of................................. 126'ſ
Detention of prisoners by......... • e º e º ſº tº e º 'º º ſº 1266 Distress for penalty............................. 1267
Disputes as to boundaries.................... 1266 Forfeiture of articles used in violation
Gurry grounds................................... 1266 of this Act....................................... 1267
Justices of the peace, ez officio............. 1266 Penalty generally...... ........................ 1267
Locus of trial of offence by.................. 1265 Penalty for fishing in limits leased........ . 1262
Passage over lands by ............... ....... . 1266 Apparatus, &c., may be seized ............ 1262
Property seized by.............................. 1266 Provisd; as to taking bait or ang-
Search and Warrant.......................... . 1265 ling ............................................... 1262
Where the offence shall be held to have Pollution of rivers ................................ 1264
been committed............................... 1266 Possession of fish...... ........................... 1261
Fishery officers..................................... 1257 Powers of fishery officers, &c................. 1265
May commit offender on view............... 1265 Prohibition to buy, sell or have in close
Fishery regulations......... ..................... 1265 SeaSOſl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1261
Governor in Council may make, &c...... 1265 Propagation of fish............................... 1268
Offences against.................. . ............. 1265 Salmon fishery...................................... 1258
Publication of.................................... 1265 Boundaries of estuary fishing, may be
Fish Ways.............................................. 1261 defined......................... .................. 1259
Construction of................................... 1261 Close season....................................... 1258
Maintenance of.................................. 1262 Exception as to fly fishing................. 1258
Penalty for violation........................ 1262 Distance between nets, &c................... 1259
Minister may construct, and recover the Drifting for salmon, prohibited............ 1259
costs in certain cases........................ 1262 British Columbia excepted............... 1259
Obstruction or injury to, forbidden....... 1262 Fly fishing—Exception as to................ 1258
To be kept open.................................. 1262 Foul Salmon....................................... 1258
Form of complaint—Schedule................ 1270 Fry, parr and Smolt........................... . 1258
Form of conviction do ................ 1271 Gill or float nets....................... * * * * * * * * * * 1259
Form of warrant do ................ 1271 Killing—Mode of, at certain places...... 1259
Forms of procedure............................... 1268 Ontario—Use of nets in....................... 1259
General prohibitions.............................. 1262 Penalty for fishing above limits........... 1259
General provisions............. * * * e s e e e s - e < * m e º s = e I268 Rod and line fishing excepted........... 1259
Gill nets—Size and location of ............... 1261 Size of meshes of nets ......................... 1259.
Injuries to fishing ground, &c................ 1264 Spawning beds—Injury of, &c., pro-
Main channels not to be obstructed........ 1263 hibited............................................ 1259
Killing fish passing through fishway, &c... 1263 Spawning rivers, &c........................... 1259.
Leases and licenses............................... 1257 Swing nets......................................... 1259
Leases in arrears .................................. l268 Use of nets regulated .......................... 1259
Licenses to take spawn, &c.................... 1268 Schedule .............................. *_* < e < * * * * * * * * * * 1270
Mode of recovery of penalties, &c........... 1267 Form of complaint.............................. 1270
Before whom to be sued for.................. 1267 Form of conviction............................. 1271
Limitation of suits......................... 's s e s a 1268 Form of warrant, &c........................... 127]
No quashing for want of form.............. 1268 Subpoena to witness............. .............. 1270.
Service of summons............................ 1267 Summons to defendant........................ 1270
Warrant when to issue.............. . • e s e e s tº a 1268 Seals not to be killed by rockets or shells. 1258
Who shall be liable............................. 1268 Sedentary fisheries not to be disturbed... 1258
Navigation not to be obstructed ............ 1263 Penalty for disturbing, &c.................. 1258
Nets, &c., in small rivers....................... 1264 Seines—Dimensions of........................... 1261
48
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
FISHERIES ACT-Concluded.
Seines for barfish—Dimensions of .......... 1263
Seizure of fish in close season................. 1261
Shellfish fisheries ................................. 1269
Short title................... • . . . . . . . . . . . e s e s e < e s s so a s 1257
Spear, grapnel hooks, &c., forbidden...... 1263 |
Indians—Proviso; as to...................... 1263
Stakes to be removed, when .................. 1263
Subpoena to witness—Schedule.............. 1270
Summons to defendant—Schedule......... 1270
Throwing overboard substances injurious
to fisheries..............................• - - - - - - - - 1264
Exemption by Minister........................ l265
Lime, drugs, &c,................................ 1265
Mill rubbish, saw dust, &c.................. 1265
Penalty for ......... .............................. 1264
Poisonous substances....... ........ ë tº e º e º tº dº tº e 1265 |
Proviso; as to offal............................. 1264
Trout ........ ........................... . ............. 1260
Close season in inland waters.............. 1260
In Ontario....................................... 1260
In parts of Canada not herein specified 1260
In Prince Edward Island.................. 1260
In, Quebec—Province of.................. 1260
Exceptions as to fish used for bait........ 1260
As to Indians ................................. 1260
Trout and white fish fishery.......... • * * * * * * * g. 1260
Vacant public property......................... 1269
Waters may be set aside for the propaga-
tion of fish....................................... 1268
Whale, seal and porpoise fishery............ 1258
White fish............................. • * * * * * * * * * * * * * * 1260
Close season in Manitoba..................... 1261
In North-West Territories................. 1260
In Ontario............. ......................... 1261
In parts of Canada not herein specified 6601
In Province of Quebec..................... 2261
Fry of, not to be destroyed.................. 1261
Indians—Proviso; as to...................... 1261
Young of fish not to be taken................. 1263
EISHERIES.–Department of. See Marine—
Department of, &c........................... 25l.
FISHERIES, &c., AND FISHING VES-
SELS. See Sea Fisheries, &c. ......... 1273
|FISHING BY FOREIGN VESSELS. See
- Foreign Vessels, &c......................... 1251
FISHING VESSELS-Building of. See Sea
Fisheries, &c................ .................. 1273
FLOUR AND MEAL–Inspection of See
General Inspection Act. ........ .......... 1292
FOOD, &c.—Adulteration of. See Adulter-
ation Act....................................... 1443
FOREIGN VESSELS – An Act respecting
fishing by............................... ....... 1251
Application of proceeds of sale of seized
vessels, &c.......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1253
FOREIGN VESSELS-Concluded.
Attorney General of Canada to sue for
penalties, &c................................... 1253
Claims must be made on oath................ 1253
Costs, when not allowed........ tº tº tº $ tº e º e ſº tº s e º is e 1254
Courts having jurisdiction..................... 1255
Custody of vessels, &c., seized...... • * tº gº tº e e º ſº 1252
Fishing without license ........................ 1252
Forfeiture for fishing without license...... 1252
Forfeiture how enforced........................ 1253
Goods, vessels, &c., seized; may be des-
troyed, when ......... a s = e s e º e o se * * * * * * * * * * * * * * * 1252
License to fish in Canadian waters......... 125]
Limitation of actions against officers, &c. 1254
{{ suits for penalties.............. 1254
Officers may board vessels hovering in
Canadian waters............................. 1251
Penalty for resisting seizure .................. 1252
Penalty—Governor in Council may re-
lieve from....................................... 1254
Proof of legality of seizure .................... 1253
Protection of officers, &c....................... 1254
Sale of goods, vessels, &c., seized ... ........ 1252
Security to be given by claimants.......... 1254
Seizure of vessels ........................... 1252, 1253
Tender of amends................................. 1254
Value distributed in case of condemna-
tion......... ......... ......... ......... ............ 1253
Vessels, &c., may be released on giving
security......... ................................. 1253
Vessels hovering in British Waters may
be brought into port and examined ... 1252
Vessels liable to forfeiture may be seized,
&c.................................................. 1252
FORFEITURES.–An Act respecting Fines
and. See Fines and Forfeitures........ 218.7
FORGERY-An Act respecting................. 1927
Attestation to power of attorney for
transfer of stock, &c........................ 1930
Bank notes and bills.............................. 1932
Causing distinctive marks to appear on 1933
Engraving on a plate, &c.................... 1934
Exception as to paper used for bills of
exchange, &c.…..…..…......... 1933
Foreign bills, &c.—Forging and uttering 1935
Engraving plates for, or having or
using such plates..........................
Uttering paper on which any part of
such bill or note is printed ............
Making or having mould for making
paper with the name of any bank, or
making or having such paper...... ... . . . . 1935
Making paper and engraving plates for 1933
Purchasing, receiving or having......... 1933
Selling or having in possession paper,
&c., for ..........................................
Application of this Act.......................... 1255
Unlawfully uttering.......................... *
GENERAL INEEX.
49
The figures denote the pages which are numbered at the bottom.
EORGERY-Continued.
Bills of exchange, &c........... • * * * * * * * s se e s s • * * * * * * 1936
Purporting to be payable out of Canada 1942
Clerks making out false dividend war-
rants, &c.......................... e se e s a e s a s e º 'º - 1930
Custody or possession—Having in ........ 1927
Debentures ....... ~~~~ ~ 1930, 1937
Debentures, stocks, exchequer bills, &c... 1930
Deeds, wills, bills of exchange, &c......... 1936
Demanding property upon forged in-
struments.................. .................... 1941
Dividends—Transferring, receiving, &c. 1929
Documents made or purporting to be
made out of Canada ........................ 1942
Exchequer bills, &c.............................. 1930
False entries in the books of public funds 1930
Forgeries which were punishable more
severely than under this Act, and are
not otherwise punishable hereunder... 1943
Punishment in Such cases ................... 1943
Forgery—What shall be deemed ............ 1927
Forging or altering any document or
Writing Whatsoever.......................... 1941
Forging or altering any instrument how-
ever designated which is in law a
will, deed, bond, bill of exchange,
&c,.............. ........................... 1941, 1942
Forging or uttering any document bear-
ing the forged signature of the Gov-
ernor or Lieutenant Governor, &c..... 1928
Fraudulent transfers ............................ 1930
Great Seal, &c...................................... 1927
Having in possession paper, &c., for de-
bentures, &c.................................... 1932
Interpretation, “Province of Canada. "... 1927
Letters patent and public registers......... 1928
Making paper in imitation, &c............... 1931
Making plates, &c., in imitation............ 1931
Marriage licenses ................................. 1940
Name of judge—Forging, &c......... ........ 1939
Notarial acts, registers of deeds, &c........ 1939
Notarial instruments ............................ 1939
Obliterating crossing on cheques........... 1937
Orders, &c., of justices of the peace ....... 1939
Orders, receipts, &c............................ ... 1936
Passenger tickets. ............................... 1937
Personating the owner of Stocks, &c...... 1929
Power of attorney................................. 1929
Privy Seal—Her Majesty's .................... 1928
Privy Signet of Her Majesty .................. 1928
Proceedings of courts........................... 1937
Forging instruments, made evidefice, &c. 1938
Forging or tendering forged certificate. 1938
Printing proclamation, &c., and caus-
ing the same falsely to purport to
have been printed by Queen's printer,
&c............ ......... ........................... 1938
Uttering false copies or certificates of... 1938
D
FORGERY-Concluded.
Procuration, &c.—Making or accepting
any bill, &c., by..............................
'Promissory notes................................ a tº
“Province of Canada,” What to include.
Public registers, &c......................... . . . . . * *
Receipts, &c., for money, goods, &c.......
Recognizances, &c...............................
Records, process, instruments of evi-
Registers of births, marriages and deaths
Destroying or concealing copies...........
Making false entries in, &c..................
Registers of deeds................................. º
Removing stamps from instruments........
Royal sign manual................................
Stamps or Stamped paper ......................
Taking impression from plate, die or seal
The Great Seal........................ * * * * * * * * - - - - - -
Tickets—Passenger...............................
Tool for making stamps........................
Transferring dividends..........................
Transfers of Stocks, &c..........................
Uttering document with forged seal ......
Wills, bills of exchange, &c. ..................
FRANCHISE ACT. See Electoral Fran-
chise Act................................ * * * * * * * *
CHANDISE. See Trade Marks Of-
fences Act.......................................
FUGITIVE OFFENDERS ACT...... ..........
Application of Act................................
Depositions..........................................
Discharge of fugitive, if not returned
Within a given time..........................
In trivial cases...................................
Proceedings thereupon........................
Fugitive undergoing sentence...............
Interpretation—“Court,” “deposition,”
“magistrate.”.................................
Judge to have powers of court................
Judicial notice of authenticated docu-
Offences to which this Act applies...1823,
Order for return of the fugitive..............
Provisional warrant..............................
Return of fugitives............................... .
Search warrant may be granted............
Short title............................................
Warrant—Apprehension under..............
Warrants, &c.—Authentication of.........
1937
1936
1927
1928
1936
1940
1937
1940
1941
1941
1939
1932
1928 .
1932
1932
1927
1937
1932
1929
1929
1928
1936
19
:
7
l
8
:
6
6
1828
1824.
1825
50
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
GAMBLING IN PUBLIC CONVEY-
ANCES–An Act respecting............
Arrest of offenders.................... a. * * * * * * s e s e º a
Copy of this Act to be posted up............
Penalty for default .............................
Fees to persons arresting........................
Money, &c., to be dealt with as if ob-
tained by larceny.............................
Obtaining money by—Punishment for.....
Attempting to commit such offence......
Penalty for neglecting to arrest offender..
Proceedings against offenders ...............
Where the offence may be tried and pun-
ished ........................ ........ tº e s e º 'º e º e º ºs e &
GAMING HOUSES-An Act respecting...
Arrest of persons therein, and seizure of
- their instruments.............................
Chief constable, how to be authorized to
enter........................ ...... tº tº tº e º e º e s tº e º e º 'º e &
Instruments to be destroyed..................
Interpretation .....................................
“Chief constable.”.............................
‘‘Deputy chief constable.”..................
Magistrate may require persons appre-
hended to give evidence....................
Punishment for refusal........................
G- #
1883
1883
1884
1884
1884
1884.
1883
1883
1884
1883
1883
1875
1875
1875
1875
1875
1875
1875
1877
1877
Such persons making a full discovery
to be free from all penalties, on cer-
tificate .............................. …
What certificate must show ....... & e s s e s tº a ſe tº
Obstructing constables—Punishment for
Police magistrate may, on report, author-
Powers of search..................................
Punishment of persons playing or look-
ing on.................................... ... • * * * * *
What shall be deemed evidence..............
GAS INSPECTION ACT ...... ... ...............
Apparatus for testing gas (Schedule)......
Appointment of inspectors....................
Balances, indices, &c., for testing gas....
Books and inspectors' certificates.......... tº
Certificate of quality to be posted up by
undertaker......................................
Certificates, &c., as to ammonia and
sulphur.................. s e º 'º e º º tº s tº tº º Q tº ſº & © tº e º 'º & © &
Companies to keep lists of consumers,
&
Fees for certificate..............................
Lists of consumers to be open to inspec-
1877
1878
1876
1875
1875
1876
1878
lè31
1342
1332
1331
1338
1338
GAs INSPECTION ACT-Continued.
Copies of models for testing .................. 1332.
Duties of inspectors .............................. 1332.
False meters, how dealt with.................. 1341
Fees, how fixed and appropriated............ 1339,
Fees, stamps and accounts..................... 1339.
Gas inspectors—Appointment of.............. 1332
Gasholders—Models of.......................... 1331
Inspectors and apparatus...................... 1332
Inspectors of weights and measures may
be appointed gas inspectors............... 1332.
Inspectors to be Sworn.......................... 1333,
Inspectors to give security..................... 1333
Interpretation ..................... * 8 º' s e º e s is e º s e s ſº º 1331
“Inspector”...................................... 133}
‘‘Meter’’...... .................. ......... ......... 1331
“Prescribed quantity”........................ 1331
“Purchaser”...... .............................. 1331
“Undertaker”................................... 1331
Limitation of suits ............................... 1341
Measure of gas—Standard of................. 1331
Measurement of meters........... ............. 1331
Meters—Models for testing............ * * * * * * * * 1331
Meters—Testing of................................ 1334
Accuracy of wheel-work, &c............... 1334
Disputes, how settled.......................... 1335
Expenses, by whom paid..................... 1335,
Inspection may be required......... ... ...... 1336
Inspection of-Who may be present at... 1335
Inspection—Power to enter for............ 1335
Notice of inspection............................ 1335
Percentage of error how tested............ 1335
Removal of unstamped meter............... 1336
Soundness or leakage.......................... 1334
Wheel-work, &c.—Accuracy of........... . 1334
Where inspection shall be made........... 1336
Meters—Werification of.......................... 1333.
Measuring capacity to be marked on.... 1333
Number of lights to be marked on........ 1333
Repair—Owners to keep in.................. 1334 .
Re-verification............................. 1333, 1334
Rules for verification.................... , e e g º e º º 1334
Stamping of............... ................. 1333, 1334
Unverified meters, unlawful................. 1333
Use of, by consumers.......................... 1334.
Variation of meter—Limit of............... 1334
Verification how attested..................... 1334
, Mode of testing for illuminating power
(Schedule) ........................................ 1342
Mode of testing for purity (Schedule)..... 1343
Models for testing meters....................... 133].
Payment of fees ........... ........ tº e s a s = e s e s tº e º e º e 1339.
GENERAL INDEX.
51
The figures denote the pages which are numbered at the bottom. .
GAS INSPECTION ACT-Concluded.
Payment of inspectors .......... * . . . . . . . . . . . . . . 1332
Penalties............ ....... * * * * * * * * * * * * * * * * * g º & e º 'º G & º 1339 |
Falsely altering meters......................, 1340
Fixing unstamped meter..................... 1340
Forging certificates, &c....................... 1340
Forging stamps for meters.................. 1339
Furnishing gas showing traces of sul-
phuretted hydrogen.......................... 1341
Obstructing action of meters............... 1340
Recovery of.................... • * * * * * * * * * * * * * * * * * * 1341
Stamping incorrect meter.................... 1340
Using meter with forged stamp............ 1340
Preparation of Stamps.......................... 1339
Recovery of penalties ........................... 1341
Form of suits for........................ ........ 1341
Registration of meters........................... 1331
Regulations by Gov. in Council............. 1341
Re-verification of standards.............. .... 1333
Schedule .............................. e e º e s e e e s e º e < e a 1342
Apparatus for testing gas............ • * * * * * * * 1342
Mode of testing for illuminating power. 1342
Mode of testing for purity.................... 1343
Separate accounts to be kept.'........ * * * * * * * * * 1339
Standard of measure.............................. 1331
Standards, &c., to be furnished inspectors 1332
Statement to be laid before Parliament... 1339
Testing gas—Apparatus for............. ...... 1342
Testing meters—Models for.................... 1331.
Testing the quality and purity of gas...... 1336
Ammonia or sulphur........................... 1336
Apparatus for testing.......................... 1337
Certificate of inspection....................... 1338
Fees, by whom paid............................. 1337
Inspector—Powers of, as to.................. 1337
Parties who may be present at............. 1337
Prescribed quality.............................. 1336
Standard quality................................. 1336
Sulphuretted hydrogen.................... . . . . 1336
Testing place...................................... 1337
Time for testing................................. 1337
What the gas maker shall be held to
have undertaken.............................. I336
Verification of meters........................... 1333
Verification of Standards.............. ......., 1333
Verifying and testing meters................. 1333
GAS METERS. See Gas Inspection Act..... 1331
GENERAL INSPECTION ACT. ................ 1283
Application of penalties........................ 1291
Apportionment of fees........................... 1289
Articles subject to inspection.................. 1283
Ashes—Pot and pearl............................ 1308
Assuming title of inspector or deputy
without authority—Penalty for......... 1291
Barley.................................................. 1300
Beef and pork.............. .…................ 1302
Bill of inspection................................. 1303
GENERAL INSPECTION ACT-Continued.
Brands, what to show.......................... 1302
Marks to be corrected....................... 1303
Month and year................................ I303
“Old”............................................ I303
“Rejected ”.................................... 1303
“Soft”........................................... 1302
Weight and quality......................... 1303
Date of inspection, when not to be
changed.......................................... 1303
Exemptions from inspection........ ........ 1308
Marking required on exempted articles 1308
Penalty for contravention................. 1308
Fees for inspection, by whom payable... 1303
Fees—Repayment of, how and when..... 1304
Half barrels, &c., size of...................... 1307
Hoops, &c., how to be put on............... 1306
Inspection, how to be made......... ........ 1302
Inspection, when not compulsory......... 1308
Inspector to examine package.............. 1307
Length, &c., of barrel......................... 1307
Length, &c., of tierce.......................... 1307
“Old” in large letters, when to be so
marked.............................. s p * a v e a e s e s ∈ a 1303
“Package” defined........... • - - - - - - - - - - - - - - - - - 1302
Packages, how branded...................... 1303
§ { how to be made.................. 1306
Penalty for neglecting to mark, &c...... 1308
“ if inspection not made by per-
son qualified...................... 1308
Pickle–Quantity of............................ 1306
Protection from the weather............ .... 1307
Qualities of beef, &c........................... 1304
“Cargo beef"................................. 1304
“Mess beef’................................... 1304
“Prime beef.”................................. 1304
“Prime mess beef’......................... 1304
Weight of package........................... 1304
Qualities of pork, &c........................... 1304.
“Cargo pork”...... ... • * * * * * * * * * * g e º 0 < * * * g e º e º e 1305
“Extra prime”.............................. 1305
“Mess pork”...... ........................... 1305
Parts to be cut off........ * * * * * * * * * * * * * * * * * * * * 1305
‘‘ Prime mess pork "............. … 1305
“Prime pork "................................ I305
Weight of package........................... 1306
Re-inspection ......... ......... * * * * is e º ſº tº a ſº a g º a tº a 1303
“Rejected,” how to be marked, &c....... 1306
Salt—Quality and quantity of............. 1306
Saltpetre—Quantity of................*... . . . . . . 1806
Storage not to be charged................... 1307
Warranty by Seller ...................... . . . . . . . 1304
Bill of inspection, of fish........ • * * * * * * * * * * . . . . . . 1321
(t ‘‘ of pork......... .............. 1303
Board of examiners of inspectors............ 1284
Boards of trade, &c., to appoint examiners 1283
Butter—Inspection of......... tº t e º 'º e º e g º e º ºs s a e º s e 1321
D}
52 - GENERAL INDEX.
º * The figures denote the pages which are numbered at the bottom.
GENERAL INSPECTION ACT-Continued.
Coopering and branding..................... 1322
Fees for inspection........................ *..... 1323
for Storage ............. ..................... 1323
when payable..................... . . . . . . . . . 1323
Form and size, &c., of package............ 1322
'Mode of inspection.............................. 1322
Monthly returns, &c., to the Minister of
Inland Revenue...............“............... 1323
Packing, how to be done..................... 1322
Premises to be provided....................... 1323
Penalty for default.......................... 1323
Quality and standard.......................... 1322 |
Re-packing......... tº s v * * * * * * * * * * * * * * * * * * * e º a s a e s w a 1321
Weight to be marked........................... 1322
Certificate of qualification ..................... 1284
Chief inspectors.................................... l
Cities, counties, towns, &c., to be inspec-
tion divisions ....... • * * * * * * * * * * * . . . . . . . . . . . . . . . 1283
Classification, how varied..................... 1287
Corn meal-Inspection of....................... 1294
Costs of inspection....................... : . . . . . . . . 1289
“ suits “.....…...............…. 1291
Custody of oaths.................... • * * * * * * * * * * * * * * l
Deputies—Examination of..................... 1284
Deputy inspector—Trade by.................. 1285
Deputy inspectors.......... . . . . . . . . . . . . . . . . . . . . . . . 1285
How appointed................................... 1285
Oath of Form of.................... ........... 1285
Security to be given by................ “tº e s e s tº º l286
Tenure of office of............................... 1286
To be reported to Minister of Inland
Revenue ......... ................................ 1285
Disputes—Settlement of, by experts........ 1287
Examination of inspectors............ ........ 1284
Experts—Settlement of disputes by......... 1287
Fees for examination, how fixed.............. 1289
Fees for inspection, &c............. * - - - - - - - - - - - - l
Fees for inspection, &c., of fish and fish
oils .................................". . . . . . . . . . . . . . . 1320
Cooper—Owner may employ his own ... 1321
Rates to be exclusive of salt................ 1321
Fish and fish oil.................................... 1321
How inspected at place of sale ............ 1321
Where inspection may take place......... 1321
Fish—Bill of inspection of..................... I32I
Fish oils–Pickled fish and..................... 1312
Fish oils—Standard of, how fixed and kept 1319
Branding of, how done........ ............... 1319
Cod oil.............................................. 1319
Inspectors of Duties of...................... 1319
Porpoise oil ........ s' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1319
Seal oil ............................................. 1319
Unenumerated oils.............................. 1319
Whale oil .......................................... 1319
Fish—Pickled, and fish oils.................... 1312
GENERAL INSPECTION ACT-continued.
Brands on packages of........................ 1319
“Bulk”—Pickled fish in.................. ... 1318
Gaspereaux or alewives ..................... 1316
How marked ......... e tº º e º e g º º ſº tº e is tº e º 'º º e º e º e ... 1316
How packed.................................... 1316
Green codfish.............................. , º º tº g º º ſº 1317
Herrings............................................ 1315
Branding of.................................... 1316
Curing of....................................... 1315
“Gross".…............................. 1315
“No. 1 ''......................................... 1315
“No. 1, Extra ''............. .................. 1315.
“No. 2''......................................... 1315
“No. 3" ........................................ 1315
Packing of...................................... 1316.
“Round”.................... * * * * * * * * * * * * * * * * * * * 1315
“Split”................... . . . . . . . . . . . . . . . . . . . . . . . 1315
“Spring”....................................... 1315
Inspected fish not to be re-inspected...... 1318
Inspector may correct packing, &c., of
f deputy ............... • * * * * * • * - - - - - - - - - - - - - - - - - - - - - 1318
Lake and Salmon trout........................ 1317
Mackerel .............. '• * * * * * * * * * * * * * * * * * . . . . . . . . . . . 1314.
“Extra No. 1 "................................ 1314
“Mess ".......................................... 1314.
‘‘Large No. 3"................................ 1315
“No. 1 "......................................... 1314
‘No. 2”......................................... 1315
‘No. 3"......................................... 1315
“ No. 4"......................................... 1315
“Small fall ”............................... ... 1315
“Small spring ".............................. 1315
Spring, how packed........................ 1315
Packing of fish........................... .* * * * * g º & 1318
Passing inspection—Unfit for............... 1818
Pickled fish—Weight of....................... 1317
Re-packing......................................... 1318
Rusty and sour fish............................. 1317
Salmon ................................. ... ......... 1314
“No. 1 "......................................... 1314
“No. 2 "......................................... 1314
“No. 3"......................................... 1314
Sea trout............................................ 1316
Seizure of fish unlawfully killed, &c..... 1319
Separation of sound and unsound......... 1318
Small, usually packed whole............... 1317
Smoked herring.................. • * * * * * * * * * - - - - - - 1316
How branded................................... 1316
Refuse ............................................ 1316
Size of boxes.................................... 1316
Weight of boxes.............................. 1316
Tierce—Contents of.......................... 1318
Unenumerated fish, such as ling, hake,
&c. ... ........... * * * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . 1317
Whitefish.…....... 1317
Flour and meal.................................... 1292
GENERAL INDEX. - 53
The figures denote the pages which are numbered at the bottom.
GENERAL INSPECTION ACT-Continued.
Bill of inspection of............................. 1293
Branding by inspector.................. 1292, 1293
Brands in case of re-inspection............ 1293
Date of inspection e e º is e º 'º g g º ſº tº e º g º e º s & © tº tº tº e º is tº e & 1293
Description of barrels.............. § a e º te e º ſº tº º is tº 1296
Penalty for contravention............... 1296
Fee, when required to empty barrel...... 1293
Fees for branding, &c.......................... 1293
Foreign substance mixed with flour ....., 1296
Forfeiture in such case........ tº e g º e º 'º e º e s tº e 1297
Package to be seized, &c................. 1296
Penalty .......................................... 1297
Proviso ............... ........................... 1297
Imported and re-inspected................... 1292
Incorrect brands to be erased............... 1293
Inspected, to be marked, &c................. 1297
Inspector to verify weight........ tº e º e º 'º e º s º is 1296
Deficiency to be made good.............. 1296
Penalty for neglect......... • * * * * * * * * * * * * * * * * 1296
Proportion of each lot to be weighed. 1296
Manufacturer or packer to mark his
name, &c., on each barrel................. 1295
“Meal", what to include..................... 1292
Mode of inspection..................... • • - - - - - - - 1292
Name of packer, &c., to be marked on
barrel ............................................. 1293
Offering for sale flour deficient in weight
–Penalty for .................................. 1297
Qualities of flour................................. 1294
“Extra Superfine "........................... 1294.
“Fancy Superfine ''.......................... 1294
“Fine”… 1294
“Fine middlings’’........... .............. 1294
“Ship stuffs” or ‘‘pollards "........... 1294
‘‘Spring extra ''.............................. 1294
‘‘Strong bakers’’................... • s s is e º is a tº 1294
“Superfine”.................................... 1294
“Superior extra '' ........................... 1294
Qualities of meal......... ...................... 1294
“Fine”............................ ........ ...... 1294
“First ".…..….....….................. 1294
“Indian corn meal”........................ 1294
“Oatmeal ".................................... 1294
“Rye flour”................................... 1294
“Second "...................................... 1294
“Superfine "................................... 1294
“Third ".................. ...... ~~~~ 1294.
Store to be provided, &c..................... 1292
Transmission of samples of qualities..... 1295
Undermarking—Penalty for........ ........ 1297
Uniform standards, how to be estab-
lished...... . ...................................... 1295
Unsoundness to be noted..................... 1293
Weekly statement by inspector............ 1297
Weight of barrel and half barrel......... 1295
GENERAL INSPECTION ACT-Continued.
Where to be inspected......................... 1292
Fraudulent acts, and penalties therefor... 1290
Altering contents of marked packages. 1290
Altering or effacing marks.................. 1290
Counterfeiting marks.......................... 1290
Giving false certificate.............. p = • * * * * * * * 1290
Using old packages......................... ... 1290
Fraudulent evasion of Act—Penalty for. 1290
General provisions................................. 1283
Grain—See “Wheat, &c.’’..................... 1298
Herrings....................... .* a s g º e e g g g g g tº a ſº tº º ſº tº e º is 1315
Hides, &c........................ . . . . . . . . . . . . . . . . . . . . . 1324
Hiring or lending marks or marking in-
struments—Penalty for.......... . . . . . . . . . . . . 1290
Indian corn.......................................... 1300
Indian meal.......................................... 1294
Inspection divisions.............................. 1283
Inspection not compulsory..................... 1289
Inspection of fish, &c., where to take
place.......................... .................... 1321
Inspector............ ................................ 1286
Custody of bond of.............................. 1286
Evidence of copy of bond..................... 1286
Security to be given by........................ 1286
Inspector or deputy—Offences by........... 1290
Acting out of his district..................... 1290
Conniving at evasion of Act................ 1291
Giving untrue certificate..................... 1291
Lending instruments........................... 1291
Penalties......... ......... ............... ......... 1291
Inspector—Penalty for refusal to act as... 1290
Inspectors—Appointment of.................. 1283
How appointed in case of failure of exa-
miners to certify......... • a tº e g º ºs e º ſº tº e s tº tº e º & 6 ſº º 1284
Leather, &c.............. ......... ........ ......... 1324
Lien for inspectors' fees.......................... 1289
Limitation of time for bringing suits...... 1291
Mackerel......... ......................... . . . . . . . . . . . 1314
Meal. See Flour and Meal..................... 1292.
Oath of examiners........................ ......... 1284
Oath of inspector............ ...................... 1285
Oats......... .................... . . . . . . . . . . . . . . . . . . . . . . . . 1300
Oils......... ...................................... 1312, 1319
Peas ........ ............................... . . . . . . . . . . . . . 1300
Penalties—Application of...................... 1291
Penalty in case of inspector refusing to
act......... ........ . . . . . . . . . . . . . . . . . . . . . . . . . . ‘.... 1290
Penalty not over $40, how recoverable... l.291
Penalty over $40, how recoverable....... ... 1291
Pickled fish and fish oils........................ 1312
Branding irons—Inspector to furnish.... 1312
Certificate of inspector........................ 1314
Duty of inspector........... .................... 1313
“Fish oils”—Definition of.................. 1312
Inspecting, &c., to be done in presence
Where to be branded........................... 1293
of inspector............................ ......... 1313
54 - GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
GENERAL INSPECTION ACT-Continued.
Penalty for falsely branding................ 1313
Qualities of fish........ * * e º is tº e º 'º w e º e s tº 8 e º 'º e º e º ºs º º º 1314
Tierces, barrels, &c.; for..................... 1313
Hoops, how to be put on.................... 1313
How to be made............................... 1313
Marking, how to be done......... ....... ... 1313
Size of, &c., &c.........“….....…. 1313
Pork—Beef and..................................... 1302
Pot and pearl ashes. ............................. 1308
Adulterated, how branded................... 1309
Branding the sorts, &c.............. .......... 1309
Crustings and scrapings, how disposed
of.…. ... ........................... 1309
Description of barrels to be used.......... 1309
Exemptions from inspection......... ....... 1312
Marking exempted articles............... 1312
Penalty for contravention................. 1312
' False bill of inspection........................ 1312
Fees for inspection........................ . . . . . . . 1311
Inspection how to be made.................. 1308
Montreal–Special provisions as to ...... 1310
Ashes to be insured.......................... 1310
Fees for insurance, &c..................... 1311
Further provisions, &c..................... 1310
Returns to be made, &c.................... 1312
Offences and penalties........................ 1312
Qualities of pearl ashes....................... 1309
“First sort”................ “............... 1309
“Second sort”. .............................. 1309 |
“Third sort”................................. 1309
Qualities of pot ashes.......................... 1309
“First sort”................................... 1309
‘‘Second sort”........................ ........ 1309
“Third sort”.................................. 1309
Repacking, weighing and marking...... 1309
Time for inspection............................. 1311
Raw hides and leather........................... 1324
Books to be kept by inspector.............. 1326
Contents, what to show................... 1326
Penalty for neglect................... • * * * * * * * * * 1327
Brands and stamps............................. 1325
Brands or markš described.................. l326
Calf, kip and red or moccasin leather... 1325
Classes of leather .............................. 1325
Fees for inspection.............................. 1324
Forms of brands................................. 1326
Harness leather.................................. 1324
Inspection, how and where to be made. 1324
Inspectors—Appointment of................ 1324.
Liability for deficiency, limited............ 1326
Mode of branding or stamping............. 1325
Quality and marking.......................... 1324
“Raw hides,” what to include............ 1324
Red leather, &c., and harness leather,
how marked, &c.............. ‘............... 1326
GENERAL INSPECTION ACT-Continued.
Semi-annual returns to Minister of In-
land Revenue ............... . . . . . . . . . . . . . . . . . . 1327
Stamp, &c.—None but inspector to...... 1325
Exception.......... • * * * * * * * * * * * * * * * * . . . . . . . . . . . . 1325
Penalty, &c........................ ‘.….. ... 1325
Storage and expenses. ........................ 1324
Superficial measures, &c,.................... 1325
Inspection of leather sold by ............ 1325
Weight—Leather distinguished by....... 1325
Weight—Power of inspector in respect
of .................................................. 1324
Regulations by Governor in Council.....: 1287
Penalty for contravention of............... 1287
Reshipment of fish—Non-application of
this Act in case of.............................. 1321
Returns or reports of official acts............ 1287
Rye. .................................................... 1300
Salmon.................... … • * * * * * * * * * ; 1314
Senior deputy, when to act as inspector... 1286.
Settlement of disputes by experts........... 1287
Additional examiners................... ....... 1288
Board of examiners to act.................... 1288
By consent—Chief inspector may settle. 1288
Costs of disputes................................ 1288
Difference between inspectors.............. 1288
Inspector to be governed by decision... 1287
Referees-Appointment of................... 1287
Where there is a board of trade, &c...... 1287
Short title ............................................ 1283
Spring Wheat....................................... 1298
Trout—Lake and salmon....................... 1317
Trout–Sea.......................................... 1316
Wheat and other grain.......................... 1298
Barley.….............. 1300
No. 1.............................................. 1300
No. 2.............................................. 1300
No. 3.............................................. 1300
No. 3, extra .................................... 1300
No. 4.............................................. I300
“Rejected ''.................................... 1300
Bill of inspection to be furnished ......... 1301
Entry on the inspector's book .............. 1299
Indian corn ....................................... 1300
No. 1 ............................................. 1300
No. 1, White.................. - * * * * * * * * * * * * * * * * e e 1300
No. 1, yellow .................................. 1300
No. 2 ................................ ............ 1300
“Rejected "........................... • * * * * * * * * 1300
Oats ................................................. 1300
No. 1 ......* * * * * * * * * * * * * * * * * * * * * * * * * * * * e s a e a s e º e º s s 1300
No. 2 ............................................. 1300
“Rejected "...................”. 1300
Peas ................................................. 1300
No. 1 …..................................... 1300
No. 2 ............................................. 130 I
Sole leather—Qualities of................... 1325
No. 3 ............................................. 1301
GENERAL INDEX. ' - w 55
The figures denote the pages which are numbered at the bottom.
. GENERAL INSPECTION ACT-Concluded. GEOLOGICAL AND NATURAL HIS-
“Rejected ".................................... 1301 | TORY, &c.—Concluded.
Provisions as to grain ........…. 1301 Railway and canal companies to furnish
Rates of inspection ...... ...................... 130l. copies of plans, &c. ......................... 248
Rye ................................... • * * * * * * * * * * * * * * 1300 || Yearly report of Director........ • - - - - - - - ........ 248
No. 1 ............ ................................ 1300 GOVERNMENT HARBORS, PIERS, &c.
No. 2 ............................................. 1300 See Harbors, Piers, &c..................... 1215
“Rejected "............... as a • * * * * * * * e º e º 'º e ...... 1300 GOVERNMENT RAILWAYS ACT.......... 573
Sample of standards.......................... , 1302 Application of Act................................ 574
Spring wheat...................................... 1298 Branch railway may be made ................ 576
Extra Manitoba hard. ...... § - e. e. e. g. 6 - e º e º 'º 6 tº 6 1298 Bridges to be properly foored.................. 576
Goose wheat No. 1........................... 1298 || Companies' telegraph—Use of, by Gov- 4.
“ “ No. 2........................... 1299 ernment................... , º e o e º 'º & © e º g º e º 'º a º q e º ºs º is 584
! ! { { No. 3............... ........... 1299 Constables............................ ... . . . . . . . . . . . . . 585
No. 1 Canada hard........................... 1298 Conveyance of H. M. forces, mails, &c.... 585
No. 2 Canada hard........................... 1298 Crossing a navigable river or canal........ . 576
No. 1 Manitoba hard........................ 1298 Deputies, &c.—Powers of...................... 574
No. 2 Manitoba hard........................ 1298 Fences and cattle guards...................... 578
No. 1 Northern spring ..................... 1298 Crossings to be fenced........................ 579
No. 2 Northern spring ..................... 1298 How to be constructed.............. • * * * * * * * * * 578
No. 3 Northern Spring ..................... 1298 Liability of Her Majesty till fences, &c.,
No. 1 Spring......... ........................... 1298 are made....................... s e º e s º e º 'º w w w w w w tº e 579
No. 2 spring............. ..…. 1298 Forfeitures—Penalties and .................... 587
No. 3 Spring...................... ~~~~ 1298 || General provisions................................ 584.
Rejected Spring................................ 1298 || “Her Majesty's forces, mails, &c.--Con-
Uniform standard of grain how to be Veyance of....................................... 584
established .................................. 1301 Highways and bridges.......................... 577
Weekly statement by inspector............ 1302 Ascent of bridge carrying highway over
Wheat to be weighed ......................... 1299 railway ........................................ ... 577
Winter wheat .................................... 1299 Height of lowest part of structure over
Admixture of inferior wheat.............. 1299 railway.…..........….............. ** * * * * 57.7
“Condemned” when ...................... 1299 Highway bridges hereafter constructed
Entry on the inspector's book............ 1299 –Height of..................................... 578.
Extra white .............. • * * * * * * * - - - - - - - - - - - - - - 1299 | Railway not to be carried along high-
“No grade”. .................................. 1299 || | way without leave............ ............... 577
No. 1, mixed ................................... 1299 Rise of rail above road limited............. 577
No. 2, mixed ................................... 1299 Span and height of arch over railway... 577
No. 3 ............................................. 1299 Injuries to cattle.................................. 579
No. 1, red ….…....... 1299 Cattle not to be at large, &c............... 579
No. 2, red.….…...................... 1299 Liability of Her Majesty, when............ 579
No. 1, White.................................... 1299 Non-liability in following cases........... 580
No. 2, White.................................... 1299 Cattle at large................................ 580
“Rejected ".................................... 1299 Coming from other lands.................. 580
Winter Wheat....................................... 1299 Coming through fence properly made 580
Geological AND NATURAL. His. * * gates left unfastened 580.
TORY SURVEY OF CANADA — Contravention of Section 20 ~~~~ 580
An Act respecting the ...............~ 247 Intercolonial Railway. * * * * * * * g º is tº 4 tº tº e º tº º ſº tº g º & E & 590
pe g the e
Director of Geological Survey................ 247 Certified copies of plans—Effect of....... 590
Duties of persons employed.............. • * * * * * 247 Pºlition ºf * * * * * * * * * * * º “… ........... ... 590
Measurements and marks for topo- Expropriation Act” ........... ... . . . . . . . 590, 591
- - p e - -
graphical purposes.......................... 248 || - Filing of plans, &c............... . . . . . . . - - - - - - - - 590
º Lands taken under local Acts ............. 590
Mineralogy of Canada........................... 247 Certified copies—Effect of................. 59].
Minister of the Interior to have control Plans of laïds taken for...................... 590
and management............................. 247 Interpretation....... .............................. 573
Museum in connection with .................. 247 “Arbitrators"… 573
To be open to the public ..................... 248 “Chief superintendent''..................... 573
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
GOVERNMENT RAILWAYS ACT-Continued.
“Constable”................... tº e º e º ºs e s e º e º e º ºr 6 º' tº 574
“County’’.............. • • ‘r . . . . . . . . . . . . . • * * * * * * * * * 574
“Department”.................................. 573
“Deputy”......................................... 573
“Engineer”...........'• * * * * * * * ................... 573 |
“Goods” .......................................... 574
“Highway ”.......... • * * * * * * * * * * * * * * * * * * * * * * * ... 574
“Lands”........................................... 573
“Minister”...... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 573
“Official arbitrators”......................... 573
“Railway”..................................... ... 574
“Secretary"...................................... 573
“Superintendent’’............................. 573
Liability for neglect of officer, &c........... 585
Lines of telegraph—Construction of........ 584
Navigation not to be impeded............... 576
Noxious Weeds to be cut down............... 585
Officers—Protection of.......................... 585
Penalties and forfeitures........................ 587
Boring casks, &c................................ 589
Breaking packages, &c........................ 589
Constable, neglecting duty.................. 587
Dangerous goods—Sending.................. 588
Driver or conductor, intoxicated.......... 588
Going on track, &c., with cattle, &c.... 589
Imprisonment in default, &c................ 590
Misdemeanor...................................... 588
Obstructing officers............................ 589
Officers or servants contravening regu-
lations, &c....................... . . . . . . . . . . . . . . . 588
Placing freight cars, &c., in rear of
1388Sengel C8 l'S... . . . . . . . . . . . . . . . . . . . . . . . . ...... 588
Recovery of pecuniary penalties.......... 589
Resisting constable.......... .* * * * * * * * * * * * * * * * * * * 587
Violation of rule, &c., by official, when
person injured thereby.................. 588
When person not injured thereby...... 588
Walking on the track.......................... 589
Powers of Minister to............................ 574 |
Carry railway across streams.............. 575
Change location of line............. .......... 575
Construct all necessary works............. 574
Convey persons and goods................... 575
Cross or unite with other railways....... 575
Enter on lands...................'• • * * * * * * * * * * * * * * * 574
Erect necessary buildings.................... 575
Erect Snow fences............................... 575
Explore and survey, &c....................... 574
Fell timber......................................... 574
Fix the site of railway............. * * * * * * * * * * * * 574
Make and work railway....................... 575
Make conduits or drains...................... 575
Proclamatioh—Publication of.............. 585
Railway constables............................... 585
Administration of oath to.................... 586
GOVERNMENT RAILWAYS ACT-Concluded.
Arrest of offenders..............................
Dismissal of, by whom, .......................
Duties of............................. ...............
Location of....................................... & e
Names of, to be recorded.....................
Neglecting duty......... ..... * * * * * * * * * * * * * * * * * * *
Oath of office of......... ........ ...............
Powers of.................. ........................
Railways to be public works........ - tº e º e º e º 'º - &
Rules and regulations............................
Fines may be imposed.......................... -
Governor in Council may make.......... • *
Seizure and sale of goods.....................
Short title.............................................
Signboards at railway crossings............
Telegraph—Construction of lines of .......
Tolls— - -
Governor in Council may fix...............
How payable............ ..........................
Recovery of........................................
To be paid to Receiver General............
Witnesses may be examined on oath......
Working the railway.............................
Application of proceeds of sale of un-
claimed goods.................................
Bell and whistle, how and when to be
Sounded..................... '.....................
Contrivances on passenger trains. .......
Crossing a draw or swing bridge.........
Dangerous explosives..........................
Dangerous goods may be refused. ........
Employee at level crossing..................
Liability for neglecting to give warning
Lien for freight and charges................
Notice................................................
Passengers and goods, &c....................
Passengers to produce tickets, or be re-
Precaution when moving reversely
Reduced speed through cities...............
Removal of passenger, on not producing
tickets............ ................................
Risk of owners of goods.......................
Sale of goods, &c,...............................
Sale of unclaimed goods......................
Servants to wear badges...... ...............
Standing on platform.........................
Trains to run at regular hours.............
GOVERNMENT SAVINGS BANKS.– An
Act respecting.................................
Assistant Receiver General— Appoint-
Collectors of customs in New Brunswick.
Deposits and duties of officers................
586
587.
582.
580,
580.
583
583.
581
582.
581
582
581
582.
581
581
582.
581
1631
1631
163] .
1631
Appointment of.................................. 585
1633
Deposits, how entered, made and proved.
GENERAL INDEX. • f
57
The figures denote the pages which are numbered at the bottom.
fºlk
wºc
GOVERNMENT SAVINGS BANKS.–Concluded.
Deposits in N. S. and N. B. July 1, 1867—
Capital represented by..................... 1636
Deposits may be received from whom...... 1632
Deposits to form part of Consolidated
Revenue Fund................................. 1634.
Detailed account to be furnished to Min-
ister.......... ~~~~ .............. 1634
Disposal of deposits and payment of
withdrawals.................................... 1633
Establishment of......................... e s s a e e º º 1631
Increase of public debt.......................... 1635
Beyond amount authorized.............. .... 1635
Consolidated Revenue and Audit Act... 1635
Debentures—Purchase of.................... 1635
Inspectors—Appointment of.................. 1632
Interest on deposits.............................. 1634
Interpretation '..................................... 1631
“Agent''.......................................... 1631
“The Minister "........................ ........ 1631
Name of depositor not to be disclosed...... 1633
Name, residence and occupation of de-
positor to be given........................... 1633
Oath to be taken by agent, &c............... 1632
Offences and penalties........................... 1636
Agents, &c......... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1636
Defacing, alteriñg, &c., books.............. 1636
Embezzlement, &c., felony.................. 1636
Falsely demanding deposits, &c......... ... 1636
Falsely pretending to own deposits,
&c..................................…........... 1636
Payments may be made, to whom.......... 1632
Penalties—Offences and........................ 1632
Periodical report................................... 1633
Regulations, &c............................. . . . . . . 1634.
Binding effect of................................. 1635
Copies to be laid before Parliament...... 1635
Governor in council may make............ 1634
Publication of.................................... 1635
Report by agent to Minister................... 1633
Returns ............... ....................... ......... 1635
Accounts to be laid before Parlia-
ment............................................... 1635
Monthly statement by Minister............ 1635
Security to be given by agents, &c......... 1632
Trusts—Officers not bound to see to........ 1634
Valid payments—What shall be.............. 1634
GOVERNMENT VESSELS DISCIPLINE
- - 100]
ACT...............................................
GovKRNMENT vKSSELS DISCIPLINE
ACT-Concluded.
County or district in which offences may
be tried........... ..s e s • * * * * 'e a s e º is e º 'º - © a º ..........
Deserters may be apprehended without
Warrant, when............... : • * * * * * * * * * * * * * * * *
May be sent on board in lieu of being
imprisoned...................... ............ • e o &
Discipline............... ..... ......….......
Interpretation............... ......................
“Master”—Meaning of..........................
Offences and their punishment...............
Absence without leave........................
Assault on officers......................... ...
Combining to disobey..........................
Continued disobedience.......................
Desertion.........................................”
Neglecting or refusing to join vessel.....
{ { “ to proceed on voyage
Quitting vessel without leave..............
Wilful damage or embezzlement.........
Wilful disobedience...........................
Offenders may be sent on board before
expiry of term of imprisonment........ •
Penalty for improper arrest....................
Proof of desertion—What, sufficient, as to
forfeiture of wages...........................
Ship's book— -
Columns of, bow to be headed.............
Conditions of engagement of men, and
what ship's book shall show..............
Contents of, to be read over to men
engaged ...... ...... .e. e. e. e. e. e. e. e º e s tº e º 'º a tº e º e s e s e º 'º a 3 &
Men engaged to have this Act read to
- them, and to sign ship's book............
Short title - - -
GOVERNMENT WORKS FOR THE
• a e e s a ſº e º 'o - e º e º e º e º 'º - - 8 tº e s a tº e º ºs e e s e = e º e e s - © tº
1005
1004
1004
1002
1003
1004
1004
1001
1001
1002
1003
1003
1003
1003
1002
1003
I003
1003
1003
1003
1005
1004
1005
1002
1001
1002
1001
1001
TRANSIMISSION OF TIMBER—
Tolls on. See Tolls on Government
Works, &c......................................
GOVERNOR GENERAL – An Act respect-
Salary .................................................
GRAIN–Inspection of See General In-
Spection Act....................... . . . . . . . . . . .
1298
58.
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
IEI
HARBOR AND RIVER POLICE OF THE.
PROVINCE OF QUEBEC–An Act
respecting the ............. • . . . . . . . . . . . . . . . . . . 1235
Almnual report by Minister..................... 1236
Application of moneys levied................ 1236
Boarding vessels to arrest or search....... 1235
Clearance not allowed till duty paid...... 1236
Constables-Harbor and River Police. ... 1235
Duty on vessels–Levy of...................... 1236
How often payable........... * * * * * * * * * * * * * * * * * * * 1236
Liem upon vessel for........................... 1236
Not payable at both ports.................... 1236
Vessels of 100 tons or under................. 1236
. * { Over 100 tons ......... tº e º 'º e e º e s e e º º 1236
Entry or clearance not allowed till duty
is paid........... ................................ 1236
Extent of jurisdiction........................... 1235
Interpretation..................................... 1235
Montreal and Quebec—Police force at.... 1235
Penalty for disobedience of orders ...... ... 1235
Penalty for entering or clearing without
- paying duty .................... ............... 1236
Police force at Montreal and Quebec...... 1235
Rules and regulations ............. e e s e e º e < * * * * * 1235
Summary trials of................................ 1235
Superintendents of.............................. 1235
“Vessel”—Meaning of expression........... 1235
HARBOR DUES.–Exemption, &c., from...
See Exemption of Transports, &c......... 1233
IIARBOR MASTERS’ ACT. ................... 1227
Annual report of................................... 1227
Application of Act............................... 1227
Appointment of............................ * * * * * * * 1227
Balance of fees over salary to be paid to
Consolidated Revenue Fund............. 1229
Books to be kept, and contents.............. 1229
Buoys—Duties in reference to................ 1228
Copies of regulations to be furnished to
masters and pilots........................... 1228
Duties and powers of............................ 1227
Fees-Scale of ............................ ........ 1228
Certain harbors (Quebec)—As to......... 1229
When and how often payable.............. 1229
Interpretation............... ............ • * * * * * * * 1227
Penalties for breach of regulations........ i228
Penalties, how recoverable.................... 1230
Ports excepted................. . . . . . . . . . . . . . . . . . . . . 1227
Prosecution for violation of regula-
tions.….. .................................... 1228
Regulations imposing penalties............ 1228
Salaries of, not to exceed $600.............., 1229
HARBORS, PIERS AND BREAKWATERS
—An Act respecting Government...... 1215
Accounts to be rendered, of dues, &c..... 1216
Application of penalties.,...................... 1216
Application of tolls.............................. 1216
Canada Gazette –Publication of regula-
tions in.......................................... 1216
Clearance, when to be granted............ ... 1216
Collection of tolls, &c., how enforced..... 1215
Construction and repairs of.................. 1215
Governor in Council may make regula-
tions, &c......................................... 1216
Harbors excepted from this Act.............. 1217
Minister of Marine and Fisheries—
Works under control of ...................... 1215
Officers – Appointment of..................... 1215
Penalties, Gov. in Council may impose. 1215
Recovery and application of................ 1216
“Public Works of Canada—Act respect-
ing,” not impaired or affected by this
Act.................' ....... ** e s is e º 'º e e º e º tº a sº º º e º ºs s º º 1216
Recovery of penalties...... <e e s = e < e < e s s a e e s e º e s s 1216
Sale of goods liable for tolls................... 1216
“Summary proceedings before Justices
of the Peace—Act respecting”. Appli-
cation to this Act............................ 1216
Tolls and dues—Application of.............. 1215
{{ “ —Collection of................ 1215
Unpaid tolls, how levied........................ 1216
HERRINGS-Inspection of. See General
Inspection Act ................. .............. 1315
HIDES, &c.—Inspection of. See General
Inspection Act................................. 1324
EIGH COMIMISSIONER FOR, CANADA
IN THE UNITED KINGDOM–An
Act respectin 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
Duties of .................... • . . . . . . . . . . . * - e º 'º º tº gº º ſº tº º , 201
Salary of......... .................................... 201
HISTORY AND DISPOSAL OF ACTS.
See Appendix No. 1. ........................ 2319
HOLIDAY. See Dominion Day, &c........... 1531
See also Interpretation Act .............. 4
EIOIMESTEAD EXEMPTION ACT. ......... 797
Affidavit, &c., of witness ...................... 798
See Form C. of Schedule ..................... 801 .
Alienation or devise of homestead.......... 798
Minor child's right protected............... 798
Wife's right protected......................... '798
Application of widow to have homestead
cancelled............................. • * * * * * * * * * * 800
See Form D. of Schedule ................... 802
Short title........... ........................ ........ 1227
Creditors, How their rights are limited... 798
GENERAL INDEX.
59.
The figures denote the pages which are numbered at the bottom.
HOMESTEAD EXEMPTION ACT – "oncluded.
Duration and amount of homestead ex-
emption......…................................ 797
Exceptions—
Debts due the Crown ........... . . . . . . . . . . . . 798
Mortgages ...................................... 798
Taxes................................ , is e º e º se e º º... 798
Entry on certificate of registrar .............. 799
Estate for life...... ................................ 797
Governor in Council may amend sched-
ules......... … 800
“Homestead”—Meaning of.................. 797.
Homestead rights on wife's lands........... 800
Homestead worth more than $2,000—Pro-
vision for creditors in such case....... 798
Interpretation .................................... , 797
Registration by married man................. 798
Affidavit in such case.......................... 798
See Form A. of Schedule......... • * * * * * * * * 800
Joint ownership of wife ....................... '798
How forfeited............. ... * . . . . . . . . . . . . . . . . 798
Requisition to register........................... 799
See Form B. of Schedule..................... 801
Right of widow of intestate..................... 800
{ { “ testator...................... 800
Schedule of forms.................... tº a s , a tº e º gº e º 'º e g 800
Affidavit, &c., of witness.................. C. 801
. (4 of declaration of marriage..A. 800
Application to have homestead can-
celled.…..................... * * * * * * * * * * * * * * D. 802
Requisition to register............ s • * * * * s • * B. 801
Short title ............................................ 797
Who may register and of what extent..... 797
Wife, how made joint owner................... 798
HOMICIDE. See Offences against the
Person ........ • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1887
HOSPITALS FOR SICK MARINERS. See .
Sick and Distressed seamen.............. 1105
HOUSE OF COMMONS. See Dominion
Controverted Elections Act............. 149
See Electoral Franchise Act .......... . . . . . . . . . 19
“ Representation Act............ e s a e s e s e a e s 47
“ Senate, &c...................................... 179
191
195
195
195
195
196
I94
191
194
H94.
194
19].
192
192
192
193
I92
192
196 .
195
192
89
197
&c.................. ............................... 1872
IMMIGRATION ACT.............................. 949
“Act respecting inquiries concerning
public matters”— Inquiry may be
made under.................................... 962
Agent to visit vessel before entry........... 960
Application of moneys levied under this
HOUSE OF COMMONS-An Act respect-
ing the ............ • * * * * * * * * * * & e º e º e s a c e º 'º * - - - - - - -
Accountant, to be appointed.................. 4.
Bank account to be opened by ............
Security to be given by............. • e > * * * * *..
Surplus moneys................... • * * * * * * * * * * * * * *
'Clerk and other officers to take oath........
Commissioners of internal economy.......
Disqualification as members..................
Estimate of indemnity and mileage of
members................ .........................
Indemnity to be subject to order of com-
missioners........................ • * * * * * * * * * * * * * *
Internal economy.................................
Member not eligible to Provincial Legis-
lature.............................................
Members may resign—How ..................
Declaration, how made.......................
New Writ to issue ...............................
Not to resign while election being is
contested........................................
Notice, how given ..............................
Speaker–Provisions as to, in certain
Cases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oath of allegiance to be taken ........ tº e s ∈ & e is
Officers—Complaints against.................
Penalties imposed......... * e º ſº s e s e º & tº e e s º ºs e e º e º 'º e º º
Provincial Legislatures—Members of, not
eligible to.......................................
Resignation of members. ......................
Speaker to act till another chosen .........
Suspension or removal of officers, clerks,
&c., provided for.......... ..................
Vacancies by death, &c.........................
New Writ to issue................... .e. e s e e s e s s e s s e
Speaker—Provisions as to, in certain
C8 SeS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
HOUSE OF COMMONS-Speaker of See
Speaker of the House, &e..................
IMMIGRATION ACT-Continued.
Compensation — Incorporated company
may be compelled to make, on in-
quiry..............................................
Contracts—Enforcement of............. …
Duties and penalties—Recovery of.........
Duty payable on immigrants....... • * * * * * * * * * *
Additional duty on immigrants from
962
951
963
950
Act ................................................ 966
Europe ............ ........................... -
60 - - GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
IMMIGRATION ACT-Continued.
By master of vessel when proper sani-
tary observances have not been re-
garded ........................ • * * e e º e º 'º se e º is e º is e e is
Commissariat drafts to be accepted in
First entry—Duty to be paid on...........
Passengers not landed in Canada—No
Sections 5 and 6, when to take effect....
- Enforcement of contracts............... ~.
Recovery of money on bonds given by
immigrants......................................
Undertaking to work...........................
Grosse Isle—Special provisions concern-
ing..................... .......................... &
Immigrants not to be solicited except by
licensed persons .............................
Penalty for contravention....................
Immigration agents—Who shall be...... '•
Immigration office, where to be located. .
Inquiry into complaints ...... .................
Interpretation......... ............................
‘‘Immigration agent’’......... - e. e º e s tº * * * g e º & e
“Master”................................• * * * * * * * * *
“Passengers” ...................................
“Ship” and “vessel”........................
License, how obtained, duration and
cost of............................................
Local governments—Money granted by,
how to be used................................
Lunatic, &c., to be reported .................
Bond, &c., dispensed with, when.........
Bond, how disposed of........................
Bond, to be given..............................
Evidence of re-conveyance..................
Money paid in lieu of bond may be ap-
plied to re-conveyance.....................
Money paid in lieu of security..............
Nature of sureties.......... • - - - - - - - - - - - - - - - - - - - - -
Necessity for enforcing bond, how as-
certained;........................................
Penalty for refusal or neglect to exe-
cute bond......….................... .........
Penalty how recovered........................
Proceedings if person becomes a charge
Sending back to port from which he
Masters of vessels—Obligations of.........
Medical superintendent may make regu-
lations in regard to Grosse Isle.........
Moneys levied and expended.................
950
950 |
950
950
951
951
951
951
952
960
960
949
949
962
949
949
949
949
949
960
956
955
955
957
IMMIGRATION ACT-Continued.
Passenger may leave vessel before her
arrival at port of destination......... 953
Proceedings in such case ................ . 953
Penalty for violation.................... 953
Penalty for carrying passengers not
entered on list.................... e s e s e = * * * * * * * 953
Pilot to report contravention of Act..... 953
Penalty for neglect........................ 953
To report before passengers leave ves-
sel .............................................. 952
Penalty for violation........................ 952
Passengers—Protection of................. .... 958
Berths, &c., not to be removed for 48
hours........ ‘. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 958
Landing places — Governor General
may appoint ................................... 958
Landing—Provisions as to ................. . 959
Penalty for contravention................. 959
May remain on board for 48 hours......... 958
Penalty for contravention................. 958
Passengers and luggage to be landed
free of expense...... a sº e º ſº º ºf º 'º * e º ſº tº dº º ſº tº dº º & tº º ſº tº ºn tº • 958
Pauper immigrants, &c.—Landing of,
may be prohibited ........................... 957
Penalties—Recovery of duties and ......... 963
Penalty for breach of law or contract
with respect to foreign immigrants... 959
Proof in such case.............................. 959
Pilot to keep signal hoisted till agent has
visited Vessel.................................. . 961
Prevention of intercourse between crew
and female immigrants..................... 962
Notice to be posted up........................ 963
Penalty for default.......................... 963
Penalty for contravention as against
the master....................................... 963
Property of immigrant parents dying..... 962
Proportion of passengers to size of vessel. 952
“Adult"—Definition of...................... 952
To area of lower deck.......................... 952 .
To tonnage........................................ 952
Penalty for contravention................ 952
Protection of passengers....................... 958
Quarantine officers—Duties of............... 955
Medical Superintendent ...................... 955
Quarantine stations..................... : - - - - - - - - 950
Recovery of duties and penalties........... 963
Application of penalties..................... 964.
Conviction of offenders........................ 964
Costs and imprisonment...................... 964
Distress and sale of goods.................... 965
Imprisonment.................................... 965
Lien on Vessel.................................... 963
Misdemeanor—When offence is a ......... 964
Penalties generally, how recovered ..... 964
Obligations of masters of vessels............
Summons to be issued......................... 964
GENERAL INDEX.
61
The figures denote the pages which are numbered at the bottom.
- *
r tº
IMMIGRATION ACT-Concluded.
Want of form—Proceedings not to be
questioned for..................... '• * * * * * * * * * * * 965
Where prosecutions against tavern
keepers, &c., may be brought........... 963
Report by the master......... .................. 953
Particulars required in....................... 954 .
Penalty in default........................... 954
Passengers who have died—Entry as to 954
Collector of customs to give receipt
for proceeds of property of............ 954
Disposal of property of..................... 954
To be delivered within 24 hours........... 953
Penalty in default........................... 954
Runners not to board vessels before pas-
sengers are landed......... . • * * * * * * * * * * * * * * * * * * 960
Schedule......... ….... .......................... 966
Particulars relative to vessel............... 966
Passengers—Names and description of 966
Summary and certificate..................... 967
Seduction of female immigrants—Pro-
vision against ................................. 962
. Selling tickets to immigrants at an ad-
vance - Penalty for.......................... 961
Short title.......... ........... ...................... 949
Signal, to be hoisted until agent has
visited vessel................. • - - - - - - - - - - - - - - - - - 961
Tavern, hotel or boarding house keepers
to display lists of prices, &c. ............ 961
Lien on immigrants goods limited........ 96.1
Penalties............................................ 961
“The Passengers Act, 1855.”—Violation of. 962
“The Passengers Act Amendment Act,
1863–Violation of ........................... 962
Vicious immigrants–Landing of, may be
prohibited..................................... ... 958
IMMIGRATION AID SOCIETIES-An Act
respecting................... .................... 969
Agent to give number of Society............. 971
Agents in Europe to take security from
emigrants for repayment of advances. 972
Sums advanced to emigrants by society -
in United Kingdom may be included. 973
Application for the employment of immi- -
grants......... ......... ........................... 972
To be forwarded to district agent with
report of Society thereon................... 972
To be transmitted to agents in Europe
with funds advanced........................ 972
Constitution and by-laws of.................. 970
Corporate Seal of................ … 971
Corporation of, on approval............. ..... , 971
Declaration—Duplicate of, to be sent to
district agent for approval and certi-
ficate.................. ...... ........ ............ 970
Form of See Schedule................ 974
IMMIGRATION AID sociETIES-concluded.
Notice of, to be given................ G - e s e º e s e e 969
Emigrant may bind himself to serve no-
minee of society, &c,........................ 973
Obligation, how enforced.......... ‘. . . . . . . . . . . 972
Evidence of duplicate copy of declaration 971
Form of declaration............................... 974.
Formalities to be complied with............. 970
Interpretation ............... ......... ............ 969
“Currency”..................................... 969
“Immigrant''....................... ............ 969
“Immigration ”................................. 969
Language . ........... ................... * … 969
“Minister of Agriculture ".................. 969
Negotiable instruments, &c.......... ........ 969
“Society”.............. “......................... 969
Powers of Lending and borrowing mo-
11&Y. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 971
Schedule—Form of declaration.............. 974.
Signatures of members.......................... 970
Subscriptions and capital............ ........ 969
Total liabilities limited.......................... 972
IMMIGRATION AND IMMIGRANTS. See
Immigration Act.............................. 949
IMMIGRATION.—Chinese. See Chinese
Immigration Act.............................. 975
IIMIPROPER, USE OF FIRE-AFMS AND
OTHER WEAPONS. See Fire-arms,
&c,..... ................. … 1841
INCORPORATION OF BOARDS OF
TRADE. See Boards of Trade.......... 1733.
INCORPORATION OF JOINT STOCK
COMPANIES BY LETTERS PA-
TENT. See Companies Act............. 1571
INDIAN ACT.................. ........................ 647
Application of Act................................ 648
Assistant Indian Commissioner.............. 649
Band–Membership of............................ 650
Bridges—Roads and............................... 659
Chiefs—Election of.................... . . . . . . . . . . . . 670
Regulations, &c., to be made by........... 670
Compensation for portion of reserve used
for any purpose or trespassed upon.... 659
Department of Indian Affairs................ 649
Deputy Governor...... ......... * - - - - - - - - - - - - - - - - - 649
Deputy of the Superintendent General.... 649
Descent of property............................... 652
Election of chiefs.................................. 670
Enfranchisement......... ..................... ... 673
Exemption from taxation........ & v e a 6 m e s s , s e s a tº 671
Expressions—Meaning of....................... 647
Forfeiture of lands, &c.......................... 660
General provisions........................... ..... 685
Affidavits taken, before whom.............. 685
Certified copies, when evidence............ 686
Districts, agents and offices.................... 969
Compensation for improvements...........
(385
62 - GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
INDIAN ACT-Continued. INDIAN ACT-Concluded. -
Consent of band, how obtained............ G85 Roads and bridges. ........................ • * * * * * * * . 659
Council of chiefs............................ ..... 685 Sale and transfer of lands...................... 661
Election of chiefs........ & © e º e º 'º - e º e s - e º 'º e º e º ſº e º 'º 685 Cancellation of patent in case of error,
Homesteads........................................ G85 &c,.....…........…................... 664
Publication of regulations .................. 686 || Cancellation of patent in case of fraud,
Undisturbed occupation...................... 685. &c,........................ …................ 663
Half-breeds in Caughnawaga................. 651 | . Certificate of sale or receipt......... … . 661
§ { in Manitoba......................... 650 Compensation, provided for............ 664, 665
Indian Affairs—Department of............... 649 Courts may avoid patent................. .... 665
Indian Commissioners—Appointment of... 649 Deficiency of land, cases provided for... 664
Indian Superintendent........................... 649 Evidence of possession......................... 661
Interpretation ............................ ........ 647 Lands patented twice.......................... 664
Investment of Indian funds under direc- Limitation of time for claim............. 664, 665
tion of Governor in Council............. 669 Patents, how issued, &c...................... 662
Keewatin............................. ............... 649 Registers of assignments.............. • * * * * * * 661
Legal rights of Indians .......... ............... 672 Rent due Crown—Payment of............. 664
Exemption from lien or charge....... ... ... 672 Writ of possession—Order in the nature
Exemptions from seizure..................... 672 of may be granted.......................... 663
Pawns not to be retained..................... 672 Sale or barter of grains or root crops or .
Punishment. ............................. ........ 672 other produce, and of maple trees -
Rights of action.................. ............... 672 grown on reserves ............ • • • * * tº e s e e º e s a g 658 .
Seizure of présents, &c............. • * * * * * * * * * * 673 Short title................................ 'a e º e s e e s a w s a 647
Traffic in presents, &c., restricted........ , 673 Superintendent General. ...................... 649
Maintenance of roads, bridges, ditches - Surrender and forfeiture of lands.......... 660
and fences............ '• * * * * * * * * * * * * * * * * * * * * * * * * * * 659 Taxation—Exemption from................... . 671
Management of Indian moneys. ............ 669 Timberlands........................................ 665
Manitoba.................• - - - - - - - - - - - - - - - - - - - - - - - - - - - 649 | Description in license.......................... 666
Meaning of expressions............ . . . . . . . . . . . . . . 647 Length of license. .............................. 665
Membership of band............................. 650 Liability for payments of dues.............. 666
Minister of the Interior, &c.................... 649 Licensee to make return...................... 666
Moneys—Management of Indian ............ 669 Licenses to cut trees........................... 665
North-West Territories .......................... 649 | Punishment for unlawfully cutting
Offences and penalties. ......................... 677 trees, &c....... ................................. 667
Agents giving false information as to Sale of seized timber........................... 666
lands.............................................. G81 | Seizure of trees cut unlawfully............ 667
Agents purchasing or becoming inter- Trial of validity of seizure .................. 668
ested in lands.............. a • * * * * * * * * * * * * * * * * * (38.2 Transfer of lands—Sale and................... 661
Appeals shall lie, to What judge........... (381 Trespassing on reserves ....................... 653
Certiorari, not allowable............... . . . . . 681 Arrest and imprisonment..................... 655.
Evidence................................. ......683, 684 License by Superintendent General, may
Inciting Indians................................. 682 be granted ................................ ...... 656
Intoxicants—Concerning offences relat- Penalty for removing certain things. ... 655
ing to................... .................... 677 to 680 Punishment of Indians trespassing on
“Potlach”—Celebrating the festival... 683 the lands of other Indians. ............... 657
Prostitution... .................... ....... ......... 68] Punishment of trespassers generally..... 655
Sale or gift of ammunition after it is pro- Recovery of penalties and costs. .......... 656
hibited....... ...... ............................. 682 Removal and punishment of persons re-
‘‘Tamanawas.”—Celebrating the dance 683 turning, &c.......…....................... 654
Officers and agents—Appointment of...... 649 . Removal of trespassers and their cattle. 654
Penalties, &c.................. . . . . . . . . . . . . . . . . . . . . . . 677 INDIAN ADVANCEMENT ACT.............. 687
Property–Descent of............................ 652 Application of Act............................... 687
Regulations to be made by chiefs........... 670 ASSessment.................. ..…........... 691
Release or surrender of a reserve, when Council. See General provisions............ 687
Valid.............................................. 660 Disqualification for councillor............... 691
Reserves, generally.............................. . 651 Election of council................................ 688
Trespassing on................... s a s • * * * * * * * * * 653 General provisions..............,................. 687
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
INDIAN ADVANCEMENT ACT-Concluded.
Appeal to Superintendent General ....... 691
By-laws—Amendment of .................... 691
Council–Election of........................... 688
Council may make by-laws, &c., upon
the following subjects :—
Amending, &c., by-laws.................. 691
Appropriation of certain funds........ , 691
Assessment.….................... e e s we e º a 691
Health.................................. .......... 690
Intemperance, &c........... * * * * * * * .......... 690
Order............................................. 690
Penalties, and enforcement thereof..... 691
Religious denomination of school
teacher........................................ 690
Removal of trespassers..................... 690
Revenue.......................................... 690
Roads, &c................................ " * * * * * * * 690
School houses, &c................... , sº e º e º e º 'º º 690
| Subdivision of reserve................ '..... 690
Trespass.…. 690
Watercourses, &c............................. 690
Indian Act—Application of, to this Act. 687
Interpretation ..................................... 687
Proof of by-laws............................. • * * * * * * (392
Revenue................. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 690
INDIANS—An Act respecting. See Indian
Act............….. 647
INDICTABLE OFFENCES, &c., IN THE
PROVINCES OF ONTARIO, QUE-
BEC AND MANITOBA. See Speedy
Trials Act....................................... 2097
INDICTMENTS-Forms of. See Criminal
Procedure Act, 2nd schedule....a...... 2092.
... INDUSTRIAL DESIGNS See Trade Mark
and Designs Act.............................. 939
INFECTIOUS OR CONTAGIOUS DIS-
EASES. See Animals Contagious
Diseases Act.............. ..................... 985
INJURIES TO PROPERTY. See Malicious
Injuries to Property.......................... 1963
INLAND REVENUE ACT....................... 413
Alterations or additions.................. ..... 421
Application of Act................................ 414
Assistance to inspecting officer.............. 420
Assistant commissioner........................ 413
Attestation—Form of.......................... 426
Bonded manufactures .......................... 485
Application for license........................ 487
Bond—Conditions of........................... 486
Certificate of collector.................'....... 490
Drawback on goods exported.............. 489
Duties of excise.................................. 487
Articles not produced in Canada...... 487
Goods taken out of bond.................. 487
Methylated Spirits........................... 488
INLAND REVENUE ACT-Continued.
Duty on short stock................. • • . . . . . . . 490
Interpretation .............................. 485, 486
Least quantity to be ex-warehoused...... A90
License fees............ ........... . . . . . . . . . . . . . . . . 487
Licenses.......... ................................... 486
Payment of duties..................... • . . . . . . . . . 489
Quarterly account of stock................. . 490
Regulations by order in council........... 491
Returns, what to contain.......... ......... 488
Security................ ...... • . . . . . . . . . . . . . . . . . . . . . 486
Spirits, &c., used in manufacturing. 488, 489
Supervision........................................ 489
Supply of certain articles..................... 487
Unlawful removal of spirits................ 490
Bonding or warehousing—Special provi-
Sions as to ...................................... 428
Books, accounts and papers................... 422
Books—Inspection of............................. 423
Breweries........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 471
Beer for private use............................. 472
Drawback, on beer exported............... 473
On Sugar.......................... ............... 473
Duties on license ................................ 472
Imitations, &c.—Duties on .................. 473
Interpretation...... ..................... ........ 471
Licenses ............................................ 472
Notice of intention to export................ 473
Penalties.......…............................. 474
Brewing without license................... 474
Neglect to make return..................... 474
Second offence......... • * * * * * * *…............. 474
Returns, must show what.................... 473
To be made monthly. ...................... 474
Security ............................................ 472
Calculation of duties............. “.............. 427
Civil Service Act....................... * * * * * * * * * * * , 413
Commissioner of Inland Revenue........... 413
Compounded Spirits.............................. 469
Compounders....................................... 469
Articles to be labelled.......................... 471
Books and returns...... ........................ 470
General provisions.............................. 471
License fee......…............................. 470
Licenses may be granted, &c............... 470
Penalties, &c...................................... 470
Acting without license..................... 470
Removing articles not properly la-
belled........................................... 471
Special provisions............................... 470
Consolidated Revenue and Audit Act..... 425
Control and management....................... 413
Department constituted........................ 413
Deputy of the Minister........................... 413
Distilleries..................................... • * * * * * * * 450
Accounts must show, what.................. 464
Vinegar.......................................... 488
Apparatus, how to be constructed........ 461
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
INLAND REVENUE ACT-continued.
Importation and manufacture........... , 455
Not working, to be locked up............ 463 |
Beer reservoir.............................. ......, 463
Bonding or Warehousing ..................... 465 |
Bottling spirits in bond....................... , 466
Books, accounts and papers................. 456 |
Capacity of vessels............................... 460
Casks, how marked............. ................ 461 |
Chemical or manufacturing purposes.... 465
Closed spirit receivers......................... 462 |
Colors of pipes and conduits................ . 461
Computation of duty.......................... , 457
Abatement for refuse........................ 457
Damaged grain................................ 458
Directions for computation............... 458
Alcoholic Value............................ 459
Additional duty............... ..........‘. . 460
Burden of proof............................ 460
Inquiry and evidence .................... 459
Packages..................................... 460
Period to which inquiry may extend 460
Quantity of beer Wash.................... 458
Of grain................................... , 458
Spirits passing into receiver ......... , #59
Sold or removed ................. ...... 459
Testing strength.......................... , 459
Shrinkage from evaporation............. 457
Copies to be kept............................. ... 461
Drawback on exportation..................... 466
Established after July 20, 1885............ , 465
Excise duties on spirits made from-
Malted barley................................... 456
Molasses, &c.................................... 457
Raw grain.............................. ....... ... 456
Foreign grain—Spirits made from......... 466
Importation and manufacture of appa-
ratus................................... ...... ...... 455
Malt—Spirits made from...... . . . . . . . . . . . . . . . . 466
Molasses may be manufactured into
spirits in bond.......................... … 466
Licenses................................. ............ 452
Bond for security............... . . . . . . . . . . . . . . . . 452
Chemical still. ............................... 454
Fees ............................................... 455
Importer or maker of apparatus........ 453
Rectifier....................................‘. . . . . . 453
Security to be given...... . . . . . . . . . . . . . . . . . . $52
List of Vessels .................................... 460
No refund, except, &c. ........................ 466
Penalties.................... ....................... 467
Additional—When.......................... . 468
Apparatus to be seized..................... 468
Exercising business without license... 468
Unlawful perforations...................... 469
Perforation in receiver not allowed...... 463
—t-
INLAND REVENUE ACT-Continued.
Pipes to convey Spirits........................ 462
Proportions of receiver........................ 463
Repairs of apparatus.................... * * * * tº e e 464
Returns, what to show....................... . 464
Must be made monthly........ * * * * * g is a g .... 465
Safes, meters, &c.—By whom, supplied. 464
Safes to be approved.......................... . 462
Space for examination of reservoir........ 463
Spirit receivers........... ........... . . . . . . . . . . . . . 462
Spirits entered for consumption............ 465
Spirits to be warehoused..................... 465
Stowage of casks................................ 466
Tail of worm to be enclosed in safe...... 462
Wessels and pipes to be locked up......... 464
Wessels capacity to be marked............. 461
Duties, how levied................................. 25
When payable................................. 427
Engines and apparatus when forfeited.... 437
Erasure, defined....................... * * * * * * * * * * * * * 424
Erasures not allowed............................. 424
Examination under oath........................ 426
Extra time of officers............................ 421
Felony—Who guilty of ............. ..... 441 to 443
Fines—Who liable to............................. 440
Fluids, how stated................................. 424
Forfeiture and seizure........................ 436, 439
Forfeiture for illegal removal................ , 427
Forfeiture of license, &c........................ 443
General provisions as to licenses ............ 415
Grains, how stated................................ 424
Hours of removal ................................. 427
Imprisonment ...................................... 440
Inscription over premises....................... 422
Inspection of books, &c,....................... 423
. Inspector of Inland Revenue............... ... 413
Interpretation of words, &c.................. 414
Licenses, &c......................................... 415
Amount of Security............................. 419
Apparatus—Particulars of .................. 417
Application for, in Writing.................. 416
Bonds to remain in force.................... , , 418
British Columbia ................................ 420
Burden of proof............... * * * * * * * * * g º e º 'º e º ſº tº gº 420
Expiration of.................... • * * * * * * * * * * * * * * * * * * * s 416
Guarantee companies......................... 419
Manitoba............................................ 420
New license................................... .... 418
One place, only................................... 417
Payment of fees ................................. 420
Posting up of licenses........................ 420
Proceedings on application ................. 419
Proof of license................................... 420
Renewal of......................................... 419
Subsequent licenses............................ 41 7
Sureties, &c.........… 417 to 419
Permits ............................................. 467
Survey of premises............................., 417
GENERAL INDEX. - 65
The figures denote the pages which are numbered at the bottom.
INLAND REVENUE ACT-Continued. INLAND REVENUE ACT-Continued.
Transfer of licenses............................. 419 Notice of action................................. 434
Malting and malt houses ............ & e º s v c e o a 475 Payment into court,............................ 435
Application for license........................ 476 Probable cause....... 9 s s e º se a e º 'º e s a v c e º s º º 4 s • * * * * 435
Basis of calculation................... ** * * * * * * * * 480 Proof required.................................... 435-
Bond–Conditions of........................... 476 Tender.............................................. 435
Bonding or Warehousing..................... 483 Officers, Their powers, &c............. ........ 43].
Books, accounts and papers................. 478 Administration of oaths...................... 43 I
Cistern–Shape of........................... 478, 479 Breaking partitions, &c....................... 43].
Computation of duties ........................ 480 Entry by night................................... 432
Couch-frame to be provided................. 479 Entry into buildings, &c..................... 431
Doubts, how decided...... e s is a s e s a • * * * * * * * * * * 481 Examinations on oath................... ..... 433
Duties on malt.................................... 478 Forcible entry.................................... 432
Excise duties..................................... 477 Obstructing officer.............................. 433
Fees classified.................................... 477 Others to assist................................... 434
Final computation of duty.................. 481 Search warrant........................ º e s a e º º e a º º 433
Gauging cisterns, &c,......................... 479 Writs of assistance, how issued............ 433
Grain, how to be deposited................. 479 Arresting offender................ tº e e s s e º ºs e º & 434.
Interpretation.................................... 475 Entry search and seizure.................. 434
Licenses......................................... 475, 476 Justices, judges, &c......................... 434
New process of malting....................... 481 Keewatin ....................................... 434
Notice of intent to add water............... 480 North-West Territories..................... 434
( & to dry or move............ 479 Trial of offender............................... 434
( ( to Steep...................... 479 Penalties ......................................... .436, 439
Penalties for— Amounts in money, &c........................ 440
Adding Water..................". . . . . . . . . . . . . * * 485 Assaulting or threatening officer........ . 443
Fraudulently putting grain in cistern. 484 Brands—Failing to obliterate............... 437
Malting without license.................... 484 Breaking Crown's lock........................ 441
Not making return........................... 484 Defacing entries................................. 440
Removing malt................................ 485 Engines and apparatus, when forfeited. 437
Unlawful delivery......................... ,. .485 Falsifying entries............................... 440
( { Sale or purchase............... 4S5 Falsifying returns, &c........................ 440
Repairs—Proviso as to........................ 483 Felony—Who guilty of.............. 441, 4:42, 443
Removal ............................................ 482 Fines–Who liable to. ........................ 440
Returns to be made............................ 483 Forfeiture and seizure. ........................ 43
Securing malt houses.......................... 483 Forfeiture of goods.............................. 446
Securing of warehouses....................... 482 Forfeiture of license, &c.. ..........… 443
Security for license............................. 476 Forfeiture of stock, apparatus, &c........ 44 l
Special account, &c............................ 482 Making changes without notice............ 43
Steeping or removing grain........ * * * * * * * * * 479 Making false returns........................... 43
Storage .................. ........................... 482 Imprisonment .................................... 440
Supervision........................................ 482 Misdemeanor.................... .................. 443
Minister of Inland Revenue................... 413 Neglecting to keep stock books, &c...... 440.
JMisdemeanor.................................... 440, 443 Non-payment of duty.......................... 437
Monthly returns.................................... 4.25 Not making true entries....................... 4–4)
New list may be required...................... 421 Obstructing officers ......... .................. 443
Night Work ......................................... 421. Recovery of—See Recovery of duties
Notice of intention to work.................... 420 and penalties. ................................. 444
Notices, &c., how given........................ 426 Refusing to assist officers........... ......... 440
( : how printed, &c............... 422 Refusing to make returns.................... 440
Oath, before whom taken...................... 426 Refusing to produce books................... 440
Obligations of persons holding license..... 420 Removing leaves of books. .................. 44()
Officers may be appointed...................... 413 Stamped packages................ ... . . . . . . . . . . . 43
*Officers—Protection of........................... 434 Taking away goods seized .................. 443
Costs................................................. 435 Unlawfully removing bonded goods...... 442
Damages............. .............................. 435 Unlawfully using apparatus................. 443
Limitation of action........................... 435 Using apparatus not reported ............... 433
JE
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
INLAND REVENUE ACT-Continued.
Using Secret communications. ............. 438
Using weights and measures not duly
inspected ....................................... 44l
Penalty for working without notice........ 420
Quantities how to be stated................... 424
Recovery of duties and penalties............ . 444
Appropriation of moneys..................... 449
Burden of proof, on whom.................... 445
Claims to property seized.................... 447
Condemnation of property................... 447
Courts in which penalties are recover-
able........................... tº e e º ſº tº e º e * * * * * * * * * * * * 448
Disposal of penalties, &c..................... 449
Imprisonment in default, &c................ 448
Levy by distress and sale.................... 448
Notice of claim................................. ... 447
Notice of seizure........ & 6 & e º 'º e º ſº tº e s e º 'º e º 'º e º e º s º & 447
Payment of penalty not to discharge
any duty......................................... 448
Perishable articles........................ ... . . . . 444
Preferential lien of Crown .................. 447
Release of goods on security................ 448
Sale of perishable articles.................... 444
Schedule of property seized.................. 446
Security being given........................... 445
Seizure of forfeited goods..................... 445
Seizures made under error.................... 450
Seizures to be in name of Her Majesty. .. 446
Stock in trade, &c., specially liable for
duties............................................. 446
Storage of goods seized........................ 445
Voluntary forfeiture........................... 450
Witnesses, &c.................................... 449
Removal of excisable goods.................... 427
Report of Minister.................................. 414
Restrictions, as to time......................... 421
Returns, how attested............................ 425
When and to whom made .................... 4.25
Sale of spirits unlawfully manufactured... 469
Seizure, and forfeiture........................... 436
Stock books, what to show..................... 422
Stock-taking......... ......... ..................... 423
Sundays................... ........................... 421
Tobacco and cigars............................... 491
Bonding or Warehousing..................... 508
Drawback, when not allowed.........., 508
Evidence of compliance.................... 509
Examination of packages.................. 509
How long to remain in bond............. 509
Least quantity to be entered............. 508
Raw leaf tobacco. .................… 509
Removal in bond............................. 508
Size of packages.............................. 508
Stowage of packages........................ 508
Books, accounts and papers................. 505
IND AND REVENUE ACT-Comtönwed.
Books, what to show.................. tº º e s tº g º º , 506
Canadian leaf ........................ © tº t t e º 'º - e º a . 510
Application for license..................... 510
Canada twist, how put up .............. , 510
Forfeiture ................... • * * * * * * * * * * * * ....... 510
License fee ................... . * * * * * * * * * * * * * * * * * 510
Sale of surplus .............. tº e º e º e º º ſº tº a 6 tº e s - 4 510
Stamps to be affixed ...................... ... 510
Tobacco ground for private use........ . 510
When to be deemed foreign leaf ....... 511
Cancellation of stamps...................... ... 504
Cancelling stamps........................... ... 503
Completely manufactured—When ...... . 501
Collection of duties........ & s = c e s e s m e º ºs e s e e º e º & 498;
Deficiency between, &c. ..................... 501
Dimensions of label........................... . 503
Disposal of forfeited tobacco................ 504
{ { raw material ..................... 50 L
Duties of excise. See Excise duties...... 496
Duty on short production ................... 502
Duty stamps ............................. … 503
Empty stamped packages to be de-
stroyed .......................................... 500
Excise duties ..................................... 496.
Canadian leaf................................. 497
Cigars .................. ......................... 497
Drawback … . 497
Manufactured tobacco ..................... 496
Snuff ................... e s s • * * * * * * * * * * * * * * * * * * * * * , 496
Fine cut, shorts, &c............................ 499
Form of stamps, &c............................ . 504
Imported, manufactured to be stamped. 499
Instruments for stamping, &c............... 504
Interpretation ................................... . 491
“Canada twist” ............................ 493
“Cancellation stamp or die "............ 492
“Caution label” ............................ 492
“Cigar” ....................................... 492
“Cigar manufactory "..................... 492
“Cigar manufacturer”.................... 493
“Cigar Sample box” ....................... 493
“Cigar stamp''......... ..................... 493
“Cigarette” .................................. 492
“Raw leaf tobacco”........................ 491
“Standard leaf tobacco”................. 491
‘‘Tabac blanc en torquette’’.............. 498
“Tobacco manufactory ''................. 492
“Tobacco manufacturer”................. 492
“Tobacco stamp''........................... 493
Labels, &c.................. .................. 502, 503
Licenses ............................................ 493
Applications for .............................. 494.
Bond—Conditions of ....................... 494.
Cigar maker not to be manufacturer
of tobacco.................................... 495
Books, to be kept by whom.................. 506
License fee ..................................... 495
GENERAL INDEX. 67
The figures denote the pages which are numbered at the bottom.
INLAND REVENUE ACT-Continued.
Manufacturer of tobacco not to make
cigars................. & is a tº a tº e e º 'º e g g g e º e s tº e º e º 4 &
Premises—Location of ......... e & © tº º tº º e º s is e
Renewal of .....................................
Security bond.................................
Manufactured tobacco to be in stamped
packages .........
Minimum product from raw material....
Monthly retunrs.............. # * * * * * * * g e º e º s tº g e d
No foreign leaf under a license for Can-
ada leaf..........................................
Notice where to be posted and what to
contain ..........................................
Numbering and registering..................
Packages to be labelled.................. 502,
Packing and stamping,.......................
Penalties............. & © tº e s e s s s , a e º e º e s e e s e s º e a tº s e º 'º
Absence of stamps................... * * * g e e º &
Affixing forged stamps.....................
Bringing in foreign leaf unlawfully...
Bringing raw material into manufac-
tory unlawfully ...........................
Counterfeit stamps.................... º e º ºs & tº º
e is tº ſº tº & e g is g º º e º 'º e º e º e º 'º e g º º
495
495
495
494
502
501
501
502
496
495
503
498
512
515
515
517
516
514
515
513
Forfeiture of goods...........................
& ( of packages......................
* { of stock...........................
Further penalty...............................
Imported tobacco or cigars...............
Importing at unauthorized ports.......
Imprisonment..................................
License—Doing certain things with-
out.................. ............... ............
Misdemeanor........ ...........................
Not affixing caution label.................
Not affixing notice...........................
Not destroying stamps .....................
Notice.............................................
Omitting entries.......... s • - - - - - - - - - - - - - - - - - -
Opening packages unlawfully..........
Putting tobacco in package used
Raw leaf not bonded nor stamped......
Receiving goods from manufacturer
not duly licensed...........................
Receiving goods not stamped accord-
ing to law....................................
Sample box cigars—Unlawfully hav-
Selling cigars unlawfully packed......
Selling empty packages...................
Selling loose or unpacked foreign leaf
Unlawfully selling or having, &c........
518
517
5]3
515
513
517
514
518
513
515
516
516
514
516
517
513
513
514
516
516
518
517
514
514
3] 7
INLAND REVENUE ACT-Concluded.
Using emptied packages................... 514
Quantities, how to be stated................ 506
Raw leaf tobacco................................ 511
Bond—Amount of........ * e º 'º e g g g g tº s tº e e s e º e s a e 512
“ Cancelling of........................ 512
How packed and removed................. 511
Ports at which it may be imported..... 511
Quantity, how ascertained............... 512
Removal in bond limited.................. 511
Removal in bond to a manufactory.... 512
Removals shall all be under bond, &c. 512
To be bonded................................... 511
Warehousing...................... , e s e s e e s s e e s a 512
Weight, how stated............. e s e º a s e e º e º is . 512
Regulations may be made by Governor
in Council....................................... 505
Removal of stamps.............................. 500
Returns—What they must show........... 50'ſ
To be made monthly........................ 508
Re-working tobacco and cigars............ 501
Sample boxes.................... 4 & s e e s m e º e º is g º e º e a 500
Stamping—Packing and..................... 498
Stamps—Account of to be kept............ 504
Stamps for forfeited tobacco................. 504.
Stamps, how issued........... tº e º e º e º e º e º 'º º is s tº tº tº 503
Stems and SWeepings........................... 505
Weighing, &c.—Appliances for............ 505
Warehouses—By whom provided........... 428
Warehousing of goods........................... 428"
Bonding warehouse may be established
by Governor in Council................... . 430
Deficiency in goods............................. 429
Duty, When computed......................... 429
Entries—Form of............................... 430
Fee for license.................................... 430
Goods at owner's risk.......................... 428
Non-compliance with regulations......... 430
Packages to be marked....................... 429
Quantity, &c., to be described.............. 429
Re-marking and re-stowing.................. 430
Removal for consumption.................... 430
Security to be given............................ 428
Stowage of packages........................... 429
Term limited. .................................... 428
Transfer of goods....................... ........ 429
Warehouse, by whom provided ........... 428
Warehousing regulations, how made.... 450
Weights and measures—Inspection of..... 425
Yearly inventory................................... 423
INLAND WATERS SEATMEN'S ACT;...... 1089
Agreement between master and crew..... 1089
Attestation of...... .............................. 1091
Discharge and fees........................ '• * * * * 1091
Discharge of seamen........................... 1090
Duration of...... ................................. 1090
Erasures, &c., in ........ * * * * is e e s ∈ e º e i s a • * * * * * * * * 1091
E;
68 GENERAL INDEX.
The figures demo te the pages which are numbered at the bottom.
INLAND WATERS Seamen's Act—Continued. INLAND WATERS Seamen's Act—Concluded.
Form of, &c....................................... 1090 Imprisonment in default of distress ...... I 100
Master or owner bound to produce....... 1092 Limitation of time for taking action..... 1099
Penalty for carrying seamen without... 1090 Orders for payment of money............... 1100
For fraudulently altering................. 1091 Penalty for obstructing constable, &c. . 1101
Proof of................ * * * * * * * * * * * g e tº e º e º e º 'º e º is e º & © - 1091 Recovery and application of penalties. . 1100
Right of seaman discharged without Summary convictions......................... , 1099
Càll Se... . . . . . . . . * * * * * * * * * * * * * * * * * * * * * * ... ......... 1091 Warrant to search, &c....................... 1101
Seaman disabled by illness caused by Master—Change of, during voyage ....... 1097
his own wilful act.......................... ... 1092 Mode of recovering wages..................... 1098
Seaman not to sue for wages in court Offences and their punishment............... 1093
out of Canada except, &c.................. 1092 Absence without leave........... * * * * * * * * * * * * . 1093
Seaman unlawfully refusing to work.... 1092 Assault on officers.............................. 1094.
Stipulations in relation to.................... 1090 Combining to disobey......................... 1094
Termination of service, &c.................. 1092 Continued disobedience, &c................. 1094
Amount of forfeiture, how to be ascer Desertion........................................... 1093
tained when seamen contract for voy- Neglect of duty....................... * e º e º $ tº e s tº e tº 1094.
89e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1096 Neglecting or refusing to join ship. ..... 1093
Application of forfeitures...................... 1096 Quitting ship without leave................. 1094.
this Act......................... 1089 Smuggling, &c,.................................. } 094
Apprehension of deserters.................... . 1094 Wilful damage or embezzlement......... 1094.
Articles of agreement. See Agreement Wilful disobedience............................. 1094
between master and crew ................. 1089 Penalty for false statement as to ship or
See form of, in schedule................. 1102 t!htſ C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1097
Change of master during voyage............ 1007 Question of forfeiture may be decided in
Cost—Deduction of, from wages limited... 1096 suit for damages............................., 109'ſ
DeSerters—— Recovery of wages..................... . . . . . . . . . . . 1098
Apprehension of, &c.......................... 109.4 Judges may make order, &c................. 1098
Enticing and harboring. ...................... 1097 Master or owner may be summoned to
May be sent on board in lieu of being 899&aſ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. 1098
imprisoned...................................... 1095 Person liable may be committed, when... 1099
May be sent on board pending term of Restrictions on suits for wages in su-
imprisonment.................................. 1095 Perior courts................................... 1099
Penalty for improper arrest of............., 1095 Suits unnecessarily brought in superior
Discipline............................................. 1093 courts, no costs to plaintiff............. ... 1099
Misconduct endangering ship, life or Summary remedy................................ }098
limb, a misdemeanor........................ 1093 Warrant of distress............................. I 098
Engagement and wages of seamen......... 1089 Short title............................................. 1089
Enticing and harboring deserters. ......... 1097 Wages—Mode of recovering.................. 1098
Facilities for proving desertion .............. 1096 || INQUIRIES CONCERNING PUBLIC
Forteiture of Wages .............................. 1096 MATTERS. See Public Matters, &c. 1553
Harboring deserters * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1097 INSOLVENT BANKS. See Winding up
Interpretation...... ............................... 1089 * r *
“Consular office ’’.............................. 1089 Act ................................................ | 703
“Master”...... ................................... loso | INSPECTION ACT. See General Inspec-
“Minister”............ ........................... 1089 tion Agt.......................................... 1283
* Seaman’’...... ............ ..................... 1089 INSPECTION AND CLASSIFICATION
“Ship "............................................. 1089 OF SHIPS........................... . . . . . . . . . . . . I () [9
“Ship Subject to the provisions of this INSPECTION OF CERTAIN STAPLE AR-
Act”… .................................... 1089 TICT,ES OF CANADLAN PRODUCE.
Legal procedure.................................... 1099 See General Inspection Act.............. 12S3
“Act respecting summary proceedings” 1100 INSPECTION OF GAS AND GAS ME-
Before whom offences may be tried...... 1100 TERS. See Gas Inspection Act........ 1331
Constables, &c., to assist, &c............... 1101 || INSPECTION OF PETROLEUM. See
Conviction not to be disturbed for want Petroleum Inspection Act................. }345
of form...... ............ ........................ 1101 | INSPECTION OF SHIPS. See Registra-
Jºvidence of seaman in his own behalf... 1100 tion, &c., of Ships........................... I () 19
GENERAL INDEX.
69
The figures denote the pages which are numbered at the bottom.
INSPECTION OF STEAMBOATS. See
Steamboat Inspection Act.................
INSPECTORS OF WEIGHTS AND MEA-
SURES. See Weights and Measures
Act........ & e e s e º e º 'º tº e s e. e º e º & tº e º e a º e ºs e º s e e g º e º e º e º e
INSURANCE ACT..................................
Act not to apply to—
Companies incorporated by certain pro-
Vincial statutes................. tº e s s e s a e º e s - a ſº tº
Life insurance prior to May 22, 1868.....
Ocean marine insurance.....................
Proviso as to companies exempted, avail-
ing themselves of Act.......................
Annual returns by companies................
Annual statement, what to show...........
Fire and inland marine. See Form
Schedule B......................................
Life insurance. See Form Schedule A.
To be sworn to....................................
Form of oath. See Schedule C.........
To declare as to charter, &c................
Application for policy—Statements in.....
Application of Act........... tº e e s e e s e s e e s tº e º e º e º 'º -
Assessment life insurance companies—
Mutual or.......................................
Blank forms of statements, &c., to be fur-
nished by superintendent..................
Ceasing business—Notice of..................
Changes in chief agency........................
Companies, ceasing to do business, &c...
Action of Minister in case of...............
Assets—Use of, in such case.................
Deposit, how dealt with......................
List of policy-holders to be filed. ........ &
Notice to be published.........................
Notice to Minister...............................
Policy-holders refusing tenders............
Power and proceedings of company......
Release of deposits..............................
Securities, &c.—Disposal of...............
Special arrangements may be made......
Surrender values, how determined........
Companies incorporated out of Canada –
Conditions, &c., to be set out in full —
Policies void for want of..................
Constructive service of process...............
Co-operative or assessment plan............
See also “Mutual or Assessment, &c.”.
Deposits to be made before the issue of
license ............................................
Companies formed in Canada–Amount
of deposit by........... # . . . . . . . . . . . . . . . . . . . . . .
Companies formed out of Canada–
Amount of deposit by. .....................
Companies incorporated elsewhere than
1119
1384
1663
1664
1664
1664
1664
1669
1669
1684.
1682
1669
1686
1668
1674
1664
1677
1674
1675
1674
1674
1675
1675
1675
1668
1678
1677
1665
- INSURANCE ACT-Continued.
Companies which gave notice before
March 31, 1878........... • e º sº e º e s s e s 6 e s is e e s sº e 1666
Deficiency of securities to be made good 1666
Penalty for neglect.......................... 1666
Further deposit may be demanded........ 1665
Further security—Company may de-
posit......... tº & 6 & e º tº e º e e s e º 'º tº e º g º º ſº e < * * * * is s is e º e º e 1665
How further security to be dealt with... 1665
Interest on Securities.................... * * * * * * * 1667
Market value of securities.................... . 1665
Nature of Securities............................ 1,665.
Release of surplus securities.... ............ 1666.
Securities—Valuation of ..................... 1665
Valuation by Treasury Board............... 1665
Documents to be filed.......................... . 1667
Copy of charter................................. 1667
Power of attorney................ ............... 1667
Statement of affairs............................ 1667
Duplicates of documents, &c., to be filed
in court................................... tº a s e º 'º e 1668
Fire and inland marine insurance—Pro-
visions relating to ........................... 1680
Companies ceasing to do business and
release of deposits........................... 1680
Conditions on which deposits may be
released.......................................... 1681
Forfeiture and renewal of licenses......., 1680
Payment of losses after license has beell
withdrawn ............. ........................ 1681
Renewal of licenses............................ 1680
Retaining amount to cover outstanding
risks............................................... 1681
Fire or inland insurance companies— A n-
nual statement of..................... ....... 1669
Form of. See Schedule B.................... 1684.
Fire policies—Duration of...................... 1681
Forfeiture and renewal of licenses on life
policies..................‘........................ 1674.
Renewal if claim is satisfied................. 1674.
Withdrawal of license for non-payment
of claims. .................. ..................... 1674
Forfeitures—Penalties and .................... l670
Inland marine insurance—Provisions re-
lating to, Fire and .......................... 1680
Insurance other than life, fire or inland
marine..................................... . . . . . . . l (381
Not to transact business without per-
mission........................................... 1681
Ocean marine companies excepted ........ 1682
Penalty for contravention.................... 1682
Permission—Minister may grant........... 1681
Powers of the Minster respecting ......... 1681
Interpretation......................... . . . . . . . . . . . . . 1663
“Agent''.......................................... 1663
in Canada–Assets, what to consist of
“Canadian company ”........................ 1663
1666
to
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
*—
INSURANCE ACT-Continued.
“Canadian policy '' or “policy in
Canada.’...................................... 1663
“Chief agency”................................. 1663
“Company ”...................................... 1663
“Inland Marine Insurance "............ .... 1663
“License”. ....................................... 1664
“Minister” ....................................... 1663
“Policy''........................... ............... 1664
“Policy-holder in Canada”................. 1663
“Superintendent’’.............................. 1663
License—Notice of........ & e º 'º a tº e º 'o - e. e. e. e. e. e. e. e. e. e. e. * * * 1668
Licensed companies –Publication of ...... 1669
Licenses ......... ......... ......... .................. 1664
Conditions precedent to obtaining....... , 1664
Deposits required. .............................. 1665
Form and duration of.......................... 1664
Insurance not to be effected without..... 1664
Life companies–Provisions applicable to 1673
Life insurance companies —Annual state-
ment of.......................... tº a e s is a e s e º e º e º º e
Form of. See Schedule A...................
Life insurance companies established out
of Canada on the mutual or assess-
1669
1682
ment plan.................. ..................... 1678
Application of certain sub-sections of
this Act............ ......... ..................... 1679
Application of moneys from assessments 1678
“Assessment system " to be printed on
policy............................................. 1679
Clause required in policies in favor of
residents in Canada.................. & e º s e º & 1679
Death claims a first charge.................. 1678
Duration of license.............................. 1678
License on deposit of $50,000............... 1678
Notice to be printed on policy, &c. ...... 1678
Form of Such notice......................... 1678
Promise to pay out of certain funds to
be contained in policy ..................... 1678
To apply to every policy issued in
Canada .......................................... 1679
When further deposits may be required. 1678
Limitation of time for prosecution.......... 1670
Limitation of time of duration of special
Acts.................................................. 167 l
Mutual or assessment life insurance com-
panies........................... .................. 1677
Certain companies may be conditional-
ly exempted from portions of this Act. 1677
Certain forms of insurance forbidden.... 1677
Contracts prior to July 20, 1885........... 1677
Exemptions how procured.................... 1678
Yearly renewal of registration............. 1678
Notice of license, &c........ * * * * * * * * * * * * * * * * * * * * * * 1668
Penalties and forfeitures........... ............ 1670
Penalties for contravention of Act by
INSURANCE ACT-('ontinued.
Penalty for issuing policy in contraven-
tion of this Act................................ 1670
Application of penalty........................ 1676)
First offence.................. ......... ............ 1670
Second or subsequent offence............... 1670
Power of attorney, what to contain......... 1667
Publication of licensed companies.......... 1669
Renewal of licenses, &c........................ 1674
Reserve for covering liabilities to Cana-
dian policy-holders.......................... 1676
As to companies having heretofore com-
, puted the reserve on 5 per cent. in-
terest..................... ......... .............. 1677
Bonus, additions of profits on policies—
Proviso as to................................... 1677
Computation by superintendent........... , 1677
How computed................................... 1676
Re-computation—Minister may order... 1676
Schedules............................. ............... 1682
Details of annual statements—
Fire and inland marine insurance.
Form B........................................ 1684.
Life insurance. Form A.................. 1682
Form of declaration to accompany the
Statement ............... ......... ......... C. 1686
List of policy-holders, &c................ T). 1687
Notice of tender to policy-holders .....E. 1687
Securities, &c. See Deposits, &c. 1665 to 1667
Service of companies with process ......... 1668
Service of process—Provision for............ 1667
Short title ............................................ 1663
Societies which are exempted from this
Act ............. .................................. 1680
Superintendent of insurance ................. 1671
Annual report by, for Parliament......... 1673
Appointment of ................................. 1671
Books of company open to inspection of 1672
Contribution of fire and inland marine
insurance companies to................... 1673
Examination of companies incorporated,
&c., out of Canada ......................... 1673
Interest in company by, or by officers
or clerks under him, prohibited ....... , 1673
May report affairs of company to Minis-
ter...............…............................. 1672
May visit office of company, when........ 1672
Payment by companies of expenses of
office of.......................*… 1673
Penalty for carrying on business after
suspension or cancellation ......... :..... 1672
Record of inspection, &c.,.................... 1672
Salary of..................................... . . . . . . . 167 L
Special report to Minister, when.......... 1672
Suspension or cancellation of license.... 1672
Valuation of Canadian policies every
--~~~~~~~. - “*-*
directors, managers, agents, &c........... 1679
five years ........................ .............. 1672
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
}
INSURANCE ACT-Concluded.
Tender to policy-holders, bow to be made 1676
List and notice to be published............ 1676
Form of. See Schedule D............... . 1687
Notice to be sent by mail........ * * * * * * * * * * * > * 1676
Form of. See Schedule E................ 1687
Refusal, what deemed to be ............... , 10.76
Withdrawal of license for non-payment of
penalty .......................................... 1670
INSURANCE COMPANIES, &c. See Wind- +
ing up Act............. ........................ 1703
INTEREST-An Act respecting ................ 1693
Any rate of interest or discount may be
stipulated for................................... 1693
British Columbia................................... 1697
June 2, 1886–Contracts made before ... 1698
Six per cent., when no special agree-
ment..........'... ................................. 1697
Twelve per cent. the maximum............ 1697
TMoneys Secured on mortgage ................ 1693
Fines, &c., not allowed on payments in
&TTeal'S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , is tº E tº e º & e º ºs tº º 1693
Five years—When no interest payable
after .............................................. 1694
Interest on arrears of interest............... 1694
July 1, 1880—Application of part of
this Act................. & a s is e i t . g º e º 'º e º 'º w c e º e s tº e 1694
Overcharge may be recovered back ..... 1694
Principal money and interest blended... 1693
Rate of interest recoverable, &c........... 1693
Sinking fund plan.............................. 1693
Statement what to show in order to re-
ceive interest................................... 1693
New Brunswick ..... .............................. . 1696
Banks not subject to “The Bank Act”. 1696
Bottomry bonds, &c.—Exceptions as to 1697
Contracts made between April 13, 1859,
and April 8, 1875 ............................ I696
*}ontracts not void for overcharge........ 1696
Excessive interest to be deducted......... 1696
Incorporated companies....................... 1696
Penalty for overcharge........................ 1697
Recovery and application of.............. 1697
Six per cent. On money or goods........... 1696
Nova Scotia...... .................................. 1695
Banks excepted................................... 1696
Excessive interest to be deducted ......... 1695
Grain and live stock--Contracts respect-
ing...... ..................... ..................... 1696
May 23, 1873—Contracts prior to........... 1695
Penalty and limitation of time for......... 1696
Seven per cent, on real estate............... 1695
Ship, vessel, cargo, &c................ • • . . . . . 1695
Ten per cent. on personal security........ 1695
‘Ontario and Quebec....................... • * * * * 1694
Contracts void for overcharge.............. 1695
| INTEREST-Concluded.
Insurances which are excepted............. 1694
Penalty for overcharge....................... 1695
Recovery and application of.............. 1695
Prince Edward Island................ ........... 1698
April 15, 1870–Contracts made before... 1698
Six per cent, when no agreement for
higher sum................................ tº a e º a s 1698
Quebec, See Ontario and Quebec............ 1694
INTERIOR-An Act respecting the Depart-
ment of the......................................
Crown Lands of Canada........................
Deputy of the Minister of the Interior...... 245
Employees...........................................
Minister of the Interior..........................
North-West Territories–Control and
management of.................................
Ordnance and Admiralty lands............... 245
Yearly report of Minister........................
INTERNAL TAXES. See Inland Revenue
“INTERPRETATION.” See under the seve-
ral titles of Chapters. g
INTERPRETATION ACT...... ........... • * * * * * * *
Administration of oaths........................
Amending Acts—Limitation of...............
Amendment or Repeal..........................
Application of Act................................
Appointments by Governor General ......
Py-laws, &c.—Power to make, &c.........
Construction of Acts.............................
Corporations, &c,............... * * * * * * * * * * * * * * * * * *
Crown, not affected by Acts unless ex-
pressly stated..................................
E
Vl
d
6
Il
C
€.
:
Expressions—Meaning of................... 3 et seq.
“County ".........................................
“ Declared”...... ........................ . . . . . . . . . .
“Governor General,” &c., &c,............
“Governor in Council,” &c.................
“Great Seal”....................................
“Herein”...... .............. .. . . . . . . . . . . . . . . . . . . .
“Holiday’’.................. ............ .........
“Legislature,” &c., &c.......................
“Lieutenant Governor’’.....................
“Lieutenant Governor in Council’’......
“Magistrate "....................................
‘‘May ’’.............................................
“Month ".............. : e s a s = e s e s e e s e e s tº e s & e s a s s = *
‘‘Now ’’ or “next ''........................ . . . .
“Oath,” “sworn,” &c........................ 4,
‘‘Person”..........................................
“Proclamation”. .............................. t
‘‘ Province”...................................... *
** **** * ~ *** --º “ ”---------------sº
Corporations limited to six per cent....., 1694
“Registrar” or “register”......... . . . . . . . . •
72
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
INTERPRETATION ACT-Continued. INTERPRETATION ACT-Concluded.
“Shall ”........ tº e º e º e º 'º - e. e. & a e s t a • * * * * * * * * e < * * * * * * * * 3 Remedial nature of Acts....................... ſº 8.
“Superior Court”.............................. 5 Repeal of Acts...................................... 2
“Sureties,” “security,” &c................. 5 Effect of, generally............................. 7
“Two justices”. ............................... 5 Short title......... ...................................... l
“Writing,” “written,” &c,................. 4 Territorial application.......................... & 2
“ United Kingdom’............................ 3 Time–Application as to........................ 3.
“United States "................................ 3 Time of commencement.......................... 2.
Form of enacting.......... © e º e º 'º º tº tº tº o e º u e º 'º e º e º 'º º e 2 Time, how reckoned in case of holiday.... 4.
Forms—Slight deviations from.............. 7 Words authorizing appointment of public
Holiday. See Expressions............ … 4 officer, &c., include What..................... 6.
Time how reckoned in case of.............. 4 Words directing Minister of Crown to do,
Imprisonment. .................................... t; &c., include what.................. e is tº a c e s tº º tº e e 6
Indorsement........................................ 2 INTIMIDATION. See Threats, &c............ 1993.
Judicial notice of Public Acts................ 8 || INTOXICATING LIQUORS. See Canada
Majority—Acts by, defined.................... 6 Temperance Act.................• . . . . . . . . . . . . 1401
Moneys—Paying and accounting, &c..... 5 INVENTIONS. See Patent Act............... , 907
Name commonly applied...................... w. 4 INVESTIGATIONS UNDER OATH--An
Number and gender.............................. 4 Act respecting the making of certain... 1555
Oaths how administered........................ 5 Commissioner. ........ & e e s s e e º e º e s - e. e. e. e. e. e. e. e. e. e. e. e. e. e. a 1555.
Parliament—Powers, &c., of.................. 7 Appointment of.................................. 1555,
Power to do includes, what.................... 6 May issue commission ........................ 1555
Preamble. See Form of enacting........... 2 May issue subpoenas, &c...................... 1555
Preamble, part of Act........................... 8 Travelling expenses of witnesses....... 1555
Proclamation, how issued..................... 4 Powers of ............................................ 1555
Proof of Acts......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 8 Evidence taken by commission............... 1555
Public—Acts to be considered, unless, &c. 8 Penalty for non attendance of witness..... 1556
Reckoning time in case of holiday. ........ 4 Travelling expenses of witness............... 1555.
References, &c..................... * * * * * * * * * * * * * * * * S Witnesses failing to attend................... 1556
J
JOINT STOCK COMPANIES. See Com-
panies Act...................................... 1571
JUDGES OF PROVINCLAL COURTS-
An Act respecting........................... 1797
Certificate of judge as to travelling ex-
PChS8S.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1802
County courts — Judges of...................... 1797
Attendance of witnesses on inquiry...... 1798
Commission of inquiry........................ 1797
Removal of......................................... 1797
Salaries of...... ........................... 1800, 1801
Tenure of office of .............................. l'797
General provisions ................................ 1803
Interpretation. .................................... 1797
“County’’ “Judge''......................... 1797
Salaries of judges of county courts......... 1800
British Columbia................................ 1801
Manitoba........................................... 1801
New Brunswick ................................. 1800
Nova Scotia....................................... 1800
Ontario...... ....................................... 1800
Prince Edward Island........................ 1800
JUDGES, Etc.—Continued.
British Columbia—Supreme Court of... 1800
Manitoba – Court of Queen's Bench....., 1799
New Brunswick—Supreme Court of..... 1799
North-West Territories—Supreme Court
of.......................................... ......... 1800
Nova Scotia—Supreme Court of........... 1799
Ontario—Supreme Court of Judicature
of.............................. ...... . ............. 1798
Prince Edward Island—Supreme Court
of................................................... 1799
Quebec—Queen's Bench...................... 1798
“ —Superior Court ............ 1798 to 1799.
Salaries of judges of Vice-Admiralty
Courts............................................ 1801
Superannuation to judges of
County courts.................................... 1803
Superior courts................................... 1803
Vice-Admiralty Courts........................ 1803
Superior courts– Salaries of judges of..... 1798
Travelling allowances — County court
judges ............................ ............... 1802
British Columbia ................................ 1802.
GENERAL INDEX.
73
The figures denote the pages which are numbered at the bottom.
JUDGES, Etc.—Concluded.
Manitoba............................................ 1802
New Brunswick.................................. 1802
Nova Scotia................. & e e s a s e e s e e s s e º 'º e º s e º ºs I802
Ontario ............................................. 1802
Prince Edward Island............ e is e º & G s & © tº º 1802
Travelling allowances — Superior Court
judges............................................. 1801
British Columbia ................................ 1802
Manitoba. ............... ..................... ...... 1802
New Brunswick.................................. 1802
North-West Territories........................ 1802
Nova Scotia........... • * * 4 tº e º e º e &i e s s sº e s e s e º e s - e º 'º 1802
Ontario ............................................. 1801
Prince Edward Island......................... 1802
Quebec.............................................. 1801
JUNK — Dealing in. See under Wrecks
and Salvage Act............................ 1202
JUSTICE—Administration of Criminal. See
Summary Trials Act........................ 2105
JUSTICE—An Act respecting the Depart-
ment of........................................... 243
Attorney General of Canada—Minister
of Justice to be................................ 243
Civil Service of Canada—This a depart-
ment of............... * * * * * * * * * * * * * * * * * * * * * * s e º e s is 243
Deputy Minister of Justice.................... , 243
Great Seal—Instruments issued under..... 244
Legal adviser of Governor General—Min-
ister of Justice to be ........................ 243
And of Privy Council......................... 243
Litigation for or against the Crown........ 243
Minister of Justice—
Appointment of................................... 243
Duties and functions of......................... 243
Penitentiaries and prisons, under this
department...................................... 244
JUSTICES OF THE PEACE–Summary
proceedings before. See Summary
Convictions Act.............................. 2123
JUVENILE OFFENDERS’ ACT ............... 2115
ACCused to be asked if he consents to be
summarily tried................................ 2116
Form of question................................ 2116
If he does not consent......................... 2117
Application of penalties ........................ 2119
British Columbia ................................ 2120
Manitoba............................................ 2120
New Brunswick.................................. 2120
Nova Scotia...................................... 2120
Ontario ............................................. 2] 20
JUVENILE OFFENDERS ACT-Concluded.
Prince Edward Island......................... 2120.
Quebec......... 4 * * * * * * * * * * * * * * * * * * * * * * tº a e a w e º e º 'º - e º a 2120.
Certificate of conviction—Effect of........ , 2118.
Certificate of discharge ...................... , 2118.
Form of. See Schedule A........ .......... 212 L.
Certificate of expenses.......................... 2120.
Clerk of peace or other proper officer to
send returns, &c., to Minister of Agri-
culture................ ........................... 21 18-
Committal for non-payment of penalties. 2119.
Compelling attendance of witnesses........ 2117
Compelling person accused to attend...... 2116.
Conviction—Form of. See Schedule B... 2121
Conviction not void for want of form, &c. 2118.
To be sent to clerk of the peace, &c..... 2118
Costs of prosecution may be awarded..... 2119.
Discharge in certain cases..................... 2117
Effect of certificate of discharge............. 2118
Expenses by whom paid........................ 2120.
Forfeiture, when not to follow conviction 2118.
Interpretation ............................. e s - e s p → • 2115,
“The common gaol or other place of
confinement’’......... ..................... 2115.
“Two or more justices” or “the jus-
tices”.......................................... 2115.
Justices may send the case to be tried by
a jury .......... ........ - e º e º v c e º e o u q is tº g º e º 'º º tº & ºr 9 & 2117
Offences in P. E. Island, British Colum-
bia and Keewatin to which this Act
does not apply................................. 2120
Ontario—Sentence to a reformatory in,
not authorized................................. 212}
Payment of costs may be ordered without
conviction.......... ... … 21 19-
Payment of value in money may be or—
dered ............................................. 2118.
Penalties—Enforcing payment of.......... 2119.
Power to remand or take bail................ 2116
Recognizance—Condition of................ 2116.
Enlarging or discharging................... 2116
Recovery of value....... ... ........ * e e g is e e < * * * * * * * 2119.
Restitution may be ordered................... 21 18.
Schedule of Forms—
Certificate of discharge................... A. 212?
Conviction ..................................... B. 21.21
Service of summons.......... ................... 2117
Short title............................................ 2] 15.
Summary trial of persons not more than
16 years of age charged with simple
larceny, &c..................................... 2115.
Witnesses—Attendance of.................... 21LT
GENERAT, INDEX,
The figures denote the pages which are numbered at the bottom.
PK
JKEEWATTN ACT ...................................
Administration of justice...... ...............
Capital crimes....................................
Conveyance of prisoners .....................
Custody by N.W. Mounted Police, when
Death sentence, to be reported, and stay
of execution in such case................. *
Grand jury, none................. & Q sº º ſº e º º is tº e e s e a
Imprisonment...................... © tº e tº e º 'º e § º a tº a º a
Judge of Manitoba—Jurisdiction of.......
Judge of the North-West Territories—
Jurisdiction of........ 8 e s tº e º e º e º s e g º g º e º ºs e e º e s a
Jurors—Summoning of....................... g
Challenges......................................
Fines for non attendance..................
Tales, when ...................................
Jury ordinances..................................
Justices of the peace...........................
Offenders, who may be sent to Manitoba.
for trial........ a s s • * * * * * * * * * * * * • * * * * * * * * * * * * * * * * t
Prisoners—Conveyance of...................
Prisons may be erected........................
Procedure.............................. ............ -
Stipendiary magistrates.......................
Powers of, in criminal cases............. º
Assault, &c..................................
Larceny, &c,................................
Powers of one .................................
“ of two.................................
Trial by jury, when............................ tº
Without jury, when..........................
-Application of Acts of Parliament........ .e. e.
JBoundaries of the district......................
How they may be varied.....................
Evidence of laws...................................
Council—Members of......... tº a e s g º e º tº 6 s e º is e g º g
{ { Powers, &c., of.....................
Laws by Governor in Council..............
To be laid before Parliament............
Jaws by Lieut. Gov. and his Council...
810
811
810
811
81 l
810
810
810
810
811
808
804.
805
805
805
KEEWATIN ACT-Concluded.
To be laid before Governor in Council 805
Insane persons................. & e º a t e º s º º e º s e tº e º a s e e ... 815
Interpretation...................................... , 803
“District "................... .................... , 803
“Intoxicant”............ ....................... , 803
“Intoxicating liquor’’........................ 803
“Lieutenant Governor’’.................... . 803
“This Act”....................................... 803
Intoxicants—Prohibition of.................. 812
Justice—Administration of..................... 808
Married Women...... .............................. 807
Debts contracted before marriage—Lia-
bility of husband for........................ . 808
Deposits in bank.................... • * * * * * * * * * * * * 80'ſ
Earnings of........................................ 80'ſ
Fraudulent investment....................... . 807
Order for protection not necessary........ 807
Suits by and against ........................ ... 808
Prohibition of intoxicants..................... ... 812
Customs and excise laws to apply......... 813
Forfeiture...... ................................... ... 813
Importation, &c., forbidden........... ....... 813
Imprisonment..................................... 814.
Manufacture, &c., forbidden................ ... 812
Penalty.............................. ......... 813 to 815
Recovery of penalties .......................... 814
Search Warrant............ ...................... 813
Seizure ...... ...................................... ... 813
Want of form not to invalidate............. 815
Short title............................................. 803
Stipendiary magistrates.................. 808 to 811
Wills.......................................... ........ . 806
Testator must be of age............ tº gº e º ſº * * * g g tº 806
Deyise to witness void........................ . 806
Devisee may prove execution of............ 806
Execution of................ e e g º e s e º e s a e e º a • * * * * * * * 806
Executor may be witness..................... 80'ſ
Fee-simple—When to pass.................... 806
Publication of....................... & 9 º' tº s e º e º 'º e s tº 806
Revocation of............................. © º e g º º tº tº 807
Women—Married............ ..................... 807
RIDNAPPING. See Offences against the
DC1'SO1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1895
GENERAL INDEX.
75
The figures denote the pages which are numbered at the bottom.
L
IANDS, An Act respecting Public. See
Dominion Lands Act ...................... 817
LANDS—Expropriation of. See Expropria-
Act................................................. 593
LARCENTY ACT...................................... 1899
Advertising a reward for the return of
Stolen property.............. * . . . . . . . . * * * * * * * * * 1923
Agent, banker, broker, &c., converting
money, &c., to his own use............... 1914
Holders of securities, excepted............. 1914
Trustees or mortgagees, excepted......... 1914
Agent, &c., fraudulently selling, &c.,
property …..….......….. 1915
Agent or factor, when deemed to be in-
trusted with goods........................... I916
Appropriating timber, &c..................... I922
Assault with in tent to rob............. * e º s is a tº 1908
Bailee fraudulently converting property. 1902
Bringing into Canada property stolen, &c. 1922
British Columbia.................................. 1924
False statements, &c., in relation to
transactions in land in.................. 1924
Criminal liability not to protect
against giving evidence................ 1924
Other remedies not impaired ............ 1924.
Indian grave in—Injuring or removing
anything from, or purchasing such
thing .......................................... 1925
Property in, may be stated in the
Crown ........................................ 1925
Burglary and house-breaking................ 1909
Being armed and disguised, &c., with
intent to break and enter any house
in the night......... ſº e s a e < e < e s = e < e s a s e e º e a s is ſº 1910
After previous conviction................ J.910
Breaking into curtilage and committing
felony............................................. 1909
Breaking into house, shop, &c., and
committing felony........................... 1910
Church, chapel, &c............................. 1909
Curtilage—Within, when to be deemed
part of............................................ 1909
Definition of...... ................................ 1909
Entering in the night with intent to
commit felony................................. 1909
House-breaking with intent to commit
felony............................................. 1910
Punishment....................................... 1909
Concealment of deeds, &c..................... 1923
Directors, &c., fraudulently appropria-
LARCENY ACT-Continued.
Fraudulently keeping false accounts,
&c. ................................................ 1917
Wilfully destroying or falsifying books
OT pape!’S. . . . . . . . . . . . . . . . . . & t w = g g g g g g g tº £ tº º g tº e º de . 1917
Embezzlement by clerks or servants...... 1912
( { by officers of unincorpo-
rated Societies............ 1918
{ { by persons in the Queen’s
service, &c.................. 1912
Other remedies not affected................. 1912
Refusal to deliver up moneys, &c......... 1912
Factors obtaining advances on the pro-
perty of their principals.................... 1915
False pretences—Obtaining money, &c.,
by ......................................... ......... 1920
Falsification of pedigree........................ 1923
Fences—Stealing, &c,................... tº t e e º 'º e º 1906
Fixtures—Stealing.......................... ...... 1904
Frauds by agents, bankers or factors...... 1913
Fraudulent hypothecation of property.... 1924
Fraudulent sale of property................... 1924
Fruits, plants, &c.—Stealing, &c............ 1906
Grand larceny ...................................... 1901
House-breaking—Burglary and....... e º e s s a 1909
Interpretation..................................... , 1899
‘‘ Banker’’..... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1901
“Cattle”............... ........................... 1900
“Document of title to goods”........... , 1899
“Document of title to lands”.............. 1899
“Having in custody or possession........ 1901
“Municipality” ................................. 1901
‘‘Night” ......... .................. ............... 1901
“Property "....................................... 1900
‘‘Testamentary instrument”............... 1901
“Trustee” ......................................... 1899
“Valuable security '' .......................... 1900
“Writing ”....................................... 1901
Keepers of warehouses, &c., giving false
receipts........................................... 1918
Knowingly using false receipts............ 1919
Killing, wounding or taking pigeons...... 1902
Larceny after conviction of felony......... 1902
Larceny by persons in the Queen's ser- -
vice, &c.......................................... 1912
Making false statements in receipts for
grain .................. ........................... 1919
Metal, glass, wood, &c., fixed to land or
house-Stealing .............................. 1904
Obtaining money by false pretences........ 1920
Offences not otherwise provided for........ 1921
ting property................................... 1917
Ores or minerals—Stealing, &c............... 190'ſ
76
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
LARCENY ACT-Continued.
Concealing royalty, &c. ..................... 1907
Defrauding partners........................... I908
2xceptions as to scientific investigations 1907
Gold in quartz or smelted—Purchasing,
without giving a proper receipt there-
for ............................ tº e e s - © e s e º e e s - e. e. e. e. e. e. . 1908
Miners removing ore, &c...................... 1907
Possession, prima facie evidence........... 1908
Quartz, &c., containing gold or silver—
Selling or purchasing, without per-
mission .................... & e º e s is a e s e e s s e = * * * * * * * 1908
Owner selling after advance by con-
signees................. .......................... 1919
Oyster fishery—Unlawfully dredging in. 1903
Floating fish excepted ........................ 1903
Oysters or oyster brood—Stealing.......... 1903
Partners............................................... 1920
Partners–Stealing by........................... 1913
Power of attorney–Persons acting under,
fraudulently selling property............ 1915
Quebec—Certain sections of Act not to
apply to Province of........................ I923
Receiving stolen goods ........ * * e s e e º e º e º 'º e º e º a 1921
Remedy at law or in equity not to be
affected, When................................. 1918
Robbery or assault by a person armed. ... 1909
By two or more.......... ........................ 1909
Wounding—Robbery and ................... 1909
Robbery, or stealing from the person...... 1908
Short title ...................... ..................... 1899
Simple larceny.................. * * * * * * * * * * * * * ... • & ſº e º 'º 1901
Punishment for .................. ............... 1902
Stealing cattle, &c............. . . . . . . . . . . . . . . . . . . . 1902
Killing with intent to steal.................. 1902
Stealing dogs, birds, beasts or other ani-
mals ordinarily kept in confinement
or for domestic purposes .................. 1902
... Second and subsequent offences. ......... 1902
Stealing election documents.................. 1913
Stealing from ships, wharves, &c.. ......... 1911
Stealing from the person and other like
offences.......................................... 1908
Stealing goods intrusted for manufacture 1911
Stealing in manufactories ..... • e s a e e º 'º e > * * * * * * 1910
Stealing in the house............................ 1910
Stealing or embezzlement by clerks, &c.,
or persons in the public service......... 1911
Stealing things attached to or growing
on land ...... ................... ...... ......... 1904
Stealing written instruments ................ 1903
Taking a reward for helping to the re-
covery of stolen property without
bringing the offender to trial............ 1922
Tenants or lodgers—Stealing by............ 1913
Township lands not belonging to defend-
LARCENY ACT-Concluded.
Other remedies not affected ........ * * * * * * * *
Trees in pleasure grounds—Stealing or
destroying, &c. ..................... 4 * * * * * * * * *
Other remedies not affected ............... &
Effect, &c., of conviction..................
Purchasing or receiving stolen trees. ...
Second offence ..................................
Subsequent offences ...........................
Trustees fraudulently disposing of pro-
perty -
No prosecution without sanction of At-
torney General ................ ...............
When civil proceedings have been taken
Unlawfully appropriating property... 1921,
Vegetable productions—Stealing ..........
Subsequent offences.............................
Witnesses—Privilege of........................
Written instruments—Stealing, destroy-
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Deeds, &c., relating to real property....
Disclosure under compulsory process....
Effect of conviction in civil action. ......
Other remedies not affected
Railway tickets .................................
Receipts for passage ...........................
Steam-boat tickets,......... • . . . . . . . . . . . . . . . . . .
Valuable Security................... e º 'º - - tº e a tº e º ſº.
Wills or codicils................... * * * * * * * * * * * * * *
LAW OF MARRIAGE-Offences against
the. See Marriage—Offences relating
to, &c. ......... ......................... .........
LEATHER—Inspection of. See General
Inspection Act ............. ..................
LETTERS PATENT – An Act respecting
the Incorporation of Joint Stock Com-
panies by. See Companies Act.........
LETTERS PATENT—Defective, &c..........
LIBEL–An Act respecting ......................
Copy of report, &c., with affidavit of cor-
rectness may be laid before the court.
Evidence by the defendant of the publica-
tion having been without his authority
In prosecution for publishing extract, re-
port, &c., may be given in evidence..
Maliciously publishing any defamatory
Iibel
Publication by order of a legislative body
may be pleaded. ..............................
Certificate to be produced....... • * * * * * * * * * * *
Effect of certificate
Publishing defamatory libel knowing it
to be false.......................................
Publishing or threatening to publish any
matter with intent to extort money...
LIBRARY OF PARLIAMENT—An Act
• * * * * * * * * * * * * * e < * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * *
1905
1906
1906
1905
1905
1905
1916
1917
1917
1922
1907
1907
1918
1903
1903
1904
1904
l904
1904
1904
1904.
1903
1903
1885
1324
1571
1559
1897
1898
1897
1898
1897
1898
1898
1898
1897
1897
ant—Knowingly seizing .................. 1924
respecting the .................................
GENERAL INDEX.
77
The figures denote the pages which are numbered at the bottom.
LIBRARY OF PARLIAMENT—Concluded.
Books, &c., vested in Her Majesty. ......... 199
Direction and control of ....................... 199
Officers and servants of......................... 199
How appointed ........... . . . . . . . . . . . . . . . . . . . . . . . 200
Salaries of, how fixed and how paid...... 200
Orders and regulations how made.........., 199
Responsibility of officers and servants. ... 200
Salaries .......................... • * * * * * * * * * * * * * * * * * * * * * * 200
Stationery to be supplied............. ......... 200
LICENSING OF SMALL SHIPS AND
- OTHER VIESSELS...... ...... ............ 1013
LIFE PRESERVERS. See Steamboat In-
spection Act.................................... 1132
LIGHTHOUSES, BUOYS AND BEACONS,
AND SABLE ISLAND–An Act re-
specting.......................................... 90.7
Appointment of officers ........................ 998
Buoys, beacons, &c., to be established
under the direction of the Minister of
Marine and Fisheries ...................... 097
Construction of lighthouses, &c., to be
under the direction of the Minister of
Marine and Fisheries........................ 997
Lighthouses—Construction of, may be
transferred to Department of Public
Works............................................ 997
Marine and Fisheries —To be under con-
trol of Minister of............................. 997
Officers—Appointment of...................... 998
Penalties—Recovery of.......................... 999
Begulations may be made by Gov. in
Council as to buoys, beacons, &c...... 999
Government of Sable Island and St.
Paul's Island................................... 999
Lighthouses, &c................................. 999
Penalties for contravention.................. 999
Sable Island and St. Paul's Island ......... 998
Counties in which offenders may be
tried....... ....................................... 999
Disposal of goods. .............................. 999
Payment of Salvage and expenses......... 998
Persons found residing there without
license .................................... & e e s is e is 098
Property of offenders there.................. 998
Superintendent to have power of a jus-
tice of the peace.............................. 999
Vessels or goods stranded there, how
dealt With.............................. ......... 99S
LIGHTHOUSES, BUOYS AND BEACONS,
AND SABLE ISLAND–Concluded.
Summary recovery of penalties............. 999
LIQUORS —An Act respecting the traffic
in. See Canada Temperance Act...... 1401
LOAN COMPANIES. See Companies Act 1591
LOAN COMPANIES. See Winding Up
Act........................... ..................... 1703
I.O.A.NS IN CANADA BY BRITISH COM-
PANIES-An Act respecting............ 1689
Certified copy of charter to be filed......... 1689
Evidence on which licenses may issue.... 1690
Fee for license....................................... 1690
Formalities to be observed.................... 1689
License from the Secretary of State........ J.689
Power of attorney to agent or manager,
what to contain............. .…. 1689
Powers of companies............................ 1689
Publication of ceasing to carry on busi-
IlêSS. . . . . . . . . . . . . . . . . . . . . . . ... … 1690
Of notice of license, &c....................... 1690
Real estate of corporation ......... ............ 1689
Returns to Finance Minister, &c............. 1690
Service of process on company............... 1690
LOTTERIES, BETTING AND POOL-
SELLING – An Act respecting......... 1879
Betting and pool-selling........................ 1880
Holders of stakes, when excepted......... 1881
Imprisonment ............... ..................... 1881
Misdemeanor—Offender guilty of ......... 188].
Punishment for.................................. 1881
Interpretation...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1879
“Personal property ".......................... 1879
“Real property "............................... 1879
Lotteries ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1879
Bona fide division of property held in
common, excepted......... ......... ......... 1880
Distribution by lot of works of art, ex-
cepted............... ......... ..................." 1880
Foreign lottery schemes — Publication
of Act to apply to......... .................. 1880
Penalty for making or advertising....... 1879
For buying or receiving tickets......... 1879
Purchase without notice ..................... 1880
Raffles at bazaars excepted.................. J880
Sales, &c., founded on, Void....... ......... 1879
LUMBER— Culling and measuring, &c.
See Cullers' Act.................. ge e º a s s e e s • * 1359
78 GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
M
MACKEREL–Inspection of. See General MALICIOUS INJURIES, Etc.—Continued.
Inspection Act................................. ... 1314 Hop-binds, grape-vines, &c.—Destroying. 1967
MAIL. See Post Office Act.................... . 519 Impeding channel intended for timber.... 1975
MALICIOUS INJURIES TO PROPERTY Interpretation “cattle''....................... 1963
–An Act respecting........................ 1963 Land marks—Injuries to....................... . 1976
Application of this Act to persons in pos- Exception, as to land Surveyors........... . 1976
sesion of property injured ..............., 1977 Lighthouses, buoys—Injuring, &c......... . 1975
Attempting to set fire to building, &c.... 1964 Malice against owner not necessary......... 1977
Bridges, viaducts and toll-bars— Manufactures, machinery, &c.—Injuries
Injuries to....................................... 1971 to............... ................................... 1966
Aqueduct .......................................... 1971 Goods in process of manufacture......... . 1966
Bar............ ...................................... 1971 Machinery used in manufactures.......... 1966
Bridge............................................... 1971 Machines, &c...................................... 1966.
Chain................................................ 1971 Mines, oil Wells, &c.—Injuries to............ 1969
Fence................................................ 1971 Conveying water, earth, rubbish, &c.,
Post.................................................. 1971 into a mine or oil well, obstructing the
Rail.............................. tº e º e = e º s a • * * * * * * * * * * * 1971 shaft, &c,............. & s e e s e º 'º e º is a e º 'º e º e º 'º e s a s s º . 1969
Toll-bars........................................... I971 Exception...... ..................... ........ , 1969
Toll-house................................... ...... 1971 Damaging chains, ropes or tackle......... 1970
Turnpike gate.................................... 1971 Setting fire to a coal mine, oil well, &c. 1969
Viaduct............................................. 1971 Attempting to Set fire, &c................ . 1969
Wall ................................................ 1971 Steam engines, staiths, waggon-ways,
Buildings and goods therein—Injuries to, &c., for working mines——Damaging... 1969
by fire........... tº 8 e º e º 'º e s e e º e º e i e e tº a tº e º a tº e º ſº tº e s - tº e 1963 Unlawfully obstructing machinery....... 1969
Cattle and other animals—Injuries to...... 1973 Oil wells, &c.--See Mines, oil wells, &c... 1969
Killing or maiming cattle................... 1973 Poll books, &c.—Injuries to................... . 1975
Killing or maiming domestic animals Railway—Injuries to ........................... . 1971
other than cattle.......................... 1973 Injuring or removing rail, &c.............. . 1971
Subsequent offences............. t º e º ºs e º 'º e º e º 1974 Lights—Making, showing, hiding or re-
Wantonly attempting to poison cattle... 1973 moving.….…. … … 1971
Coal mines, &c. See Mines, &c............. 1969 Moving points...... ........ tº e s tº a t t e s ∈ e s m e º e º 'º e º tº ſº 1971
Corn, trees and vegetable productions— Obstructions.................... ............ ..... 1971
Injury to ........................................ 1966 Punishment......... .............................. 1972
Cutting booms or rafts adrift ................. 1975 Railway or railway Works..................... . 1972
Damages not herein provided for, exceed- Maliciously injuring, obstructing use of
ing $20,....................................... 1976 or hindering the completing, &c., of... 1972
Not exceeding $20........................... 1976 Punishment in such case..................... . 1972
Certain cases excepted........................ 1976 Sea and river banks, and works on rivers,
Compensation to person aggrieved....... 1976 canals, &c.—Injuries to.................... 1970
Trees included in Sec. 59..................... 1977 Aboiteau, canal, dam, drain, dyke, em-
Election documents—Injuries to ............. 1975 bankment, flood gate, harbor, hydrau-
Electric telegraphs, &c,................ . . . . . . . . . . 1972 lic power, jetty, lock, marsh, piles,
Attempting to injure........................... 1972 pool, quay, reservoir, river bank, sea-
Explosive substances—Injuries by.......... 1965 bank, sea wall, sluice, stone, towing-
False lights or signals—Exhibiting......... 1974 path, tunnel, wall, water course, weir,
Fences—Injuries to............. ................. 1968 Wharf............................................. 1970
Subsequent offences............................ 1969 Setting fire to—
Rire—Injuries by, to buildings and goods Buildings not specified herein............... 1964
therein............................................ 1963 Church, chapel, &c,............................ 1963
Fish-ponds—Injuries to.......................... 1970 Crops of hay, corn, &c........................ 1966
Fruit or vegetable productions—Destroy- Dock yards, ships, &c., of H. M............ 1964
ing............ ............... ..................... 1968 Dwelling house, any one living therein. 1963
Second and subsequent offences............ 1968 I'orest, lumber, &c., maliciously.......... 1965
GENERAL INDEX. ,
79.
The figures denote the pages which are numbered at the bottom.
MALICIOUS INJURIES, Etc.—Concluded.
Forest, lumber, &c., negligently.......... 1964.
When justice of the peace may impose
fine.…....... … ..................…. ... 1965
House, out-house, manufactory, far
building, &c.................................... 1963
Public building.............................. ... 1964
Railway station.............. tº s º e s e º ſº a e e s & e g º & e , 1963
Stacks of corn, &c,................ tº e tº e º is tº e g º e º 'º 1967
Ships—Injuries to ................................. 1974
Cutting booms or rafts adrift............... I975
Damaging generally .......... tº ſº a s e º 'º e º is tº e º is & tº 1974
Exhibiting false signals...................... 1974
Impeding channel .............................. 1975
Injuring, removing, concealing or de- g
facing lighthouses, buoys, &c.......... 1975
Making vessels fast to buoys, beacons
or sea marks .................................. 1975
Placing gunpowder near, with intent to
damage .......................... • * * * s e º a tº e s ∈ e º is e 1974
Setting fire to, casting away or destroy-
ing................................................. 1974
Attempting to commit such offence...
To prejudice the owners or under-
1974
writers................... ..................... 1974
Subsequent offences and their punish-
ment.............................................. 1968
Tenants—Injuries to buildings by.......... 1965
Third or subsequent offences.................. 1968
Trees, shrubs, &c.—Damaging, &c. ........ 1967
* { ( { ‘‘ —Destroying............. 1967
Vegetable production—Destroying ...,... 1968
Works of art—Injuries to...................... 1973
Civil remedy not affected ................... 1973
MANITOBA—An Act respecting the Pro-
Vince of.......................................... 707
Allotment for a university..................... 708
Boundaries of the province................... 707
Canadian Pacific Railway—Provision as
to...... ...................... ..............." ...... 707
Lands wested in Her Majesty.................. 708
Laws, &c., to continue in force............. 708
Officers, &c., to continue therein.......... , 708
Swamp lands to belong to the Province. 708
University—Allotment for............ ......... 708
MANITOBA—Claims to certain lands in the
Province of—An Act respecting....... 709
Claims to land—Conflicting................... 710
Conflicting claims to land..................... 710
Adjournment..................................... 712
Attendance of witnesses ..................... 712
Certificates...... ................................. 711
Claim how preferred........................... 7] I
Commission—Appointment of............. 710
Commissioners to examine.................. 712
Decision, how arrived at..................... 712
MANITOBA—Concluded.
Interrogatories ................................. . I 12.
Letters patent.................................... '713
Preliminary proceedings..................... 710,
Re-hearing of case.......................... ... 713
Report in case of erroneous decision..... 713
Report of evidence.............. & e º e º e e º e º is e e s s & , 710.
Rules and forms may be prescribed...... 713
Rights not affected by..................... . 713.
Sittings of commission............ ........... 7 10.
Interpretation....... .............................. 709
“Commissioners’’.............................. 709.
“The Province "................................ 709
Quieting of titles.................................. 709
Claims made before May 1, 1886......... . 710.
Failure to prefer claims ...................... 710.
Freeholds, confirmed ......................... 709.
Grants in freehold.............................. 709.
Grants made by H. B. Company......... . 709.
Hudson Bay Co.—Grants by ............... 709,
Occupancy—Title by......................... 709.
Time for claims limited ...................... 709,
Title by occupancy............................. 709.
MANITOBA IN THE SENATE–An Act
respecting the representation of the
Province of............ • * * * * * * * * * * * * * * * * g e º ºs e e º g tº 189,
MANITOBA—Roads and road allowances
in the Province of An Act respect-
ing ...... .................................. ....... 715.
Between lots in “outer two miles ''........ 716.
Between “outer two miles” and sections
bounding thereon............................. 7 || 6
Compensation for land taken............... 716.
“Hay privilege’’................................. T 16.
In rear of and between certain farms........ 716.
Land, how wested and on what conditions 716.
“Outer two miles”—Roads in the......... 716.
Road allowances, the property of the pro-
Vince ........................ ..................... 715
Roads and tracts transferred to the pro-
Vince .................. ........................... 715.
Section road allowances.............. • . . . . . . . . . 715
Transfer of roads to Province................ 716.
Where, roads to be laid out.................... 716
Width—Provision as to........................ 715.
MANSLAUGHTER. See Offences against
the person....................................... 1887.
MARINE AND THE DEPARTMENT OF
FISHERIES-An Act respecting the
Department of.......................... tº s e º & tº a 25 i
Annual report to Governor General........ 25?
Deputy Minister of Fisheries—
Appointment of................. ................. 25 |
Duties of............................................ 251
Deputy Minister of Marine..................... 251
Appointment of............ ..................... 251
Bffect of decisiou..........................* g º & e e 712
Duties of. See Schedule..................... 252.
$0
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
º MARINE AND THE DEPARTMENT OF
FISHERIES.–Concluded. º
Fisheries—Department of................. .....
Minister of Marine and Fisheries...... ...
Schedule of subjects under the Depart-
- ment of Marine.................................
Security to be given on contracts.......... g
Tenders to be invited.............................
MARINE ELECTRIC TELEGRAPHS-An
Act respecting................................ , -º
Abandoned, or decayed work may be
removed by Minister ..................…
Application of Act.............. • * * * * * * * * * * * * * * * *
Arrangements as to newspapers............
‘Companies incorporated by Imperial Par-
liament may receive charter from
Governor in Council........ * * * * * * * * * * * * * * * *
*Charter to be subject to this Act.........
Charters revoked for non-user, &c........
Effect of letters patent.................. .....
Reciprocity in favor of company incor-
porated in Canada.........................º:
‘Companies which are prohibited from
entering into certain agreements.......
Extent of Crown lands to be taken,
limited ................ ... ...... ............... …
Interpretation......................................
“The company ”................................
“The Minister”.................... * * * * * * * * e º e º a
Lands may be acquired by the company
under the provisions of “The Railway
Act”.............................. ...............
Limitation of powers of company...........
Payment for messages ..........................
Plans of works, &c., to be deposited in the
Department of Marine for approval...
Provincial lands may be acquired...........
Recovery by Minister from company, of
expenses, &c...................................
Rights of certain companies under Acts
of P. E. Island saved........................
Transmission of messages and at tariff
rates:........ . ....................................
Penalty for violation...........................
Use of lights and signals........................
What companies only may extend their
works beyond the limits of any one
Province......... ...............................
Work to be constructed according to plan
deposited........................................
Works not to be proceeded with until
plans, &c., are approved by Governor
in Council.......................................
IMARINE STORE DEALERS. See Wrecks
1754
1753
1756
1756
1756
1757
1757
* * *
1755
1755
1754
MARINERS–Sick. See Sick and distress-
ed mariners .................................... 1105
MARITIME COURT ACT (Ontario)......... 1791
Appeal to Supreme Court of Canada...... 1794
Procedure on appeal........................... 1795
Barristers and proctors......................... 1793
Court and judges.................................. 1791
Decrees and orders of the court—Effect
of................................................... 1794
General provisions................................ 1795
Interpretation...................................... 1791
“Judge,” “Ship,” “The Court,”...... 1791
Judge—Appointment of........................ 1791
Remuneration of................................. 1791
Tenure of office of.............................. 179 L
Judges and surrogates to take oath of
office ........... tº t e º a s e e s s e e s e e º e º e s s a s e < * * * * * * * * * 1792
Form of oath...................................... 1792
Jurisdiction and procedure.................... 1793
Jurisdiction of court............................. 1793
Exceptions from................................. 1793
Breach of the revenue...................... 1794
Criminal matters............................. 1793
Droits of admiralty................... © e º e e s e 1794
“Foreign enlistment Act”.............. 1794
Prize causes.................................... 1793
Relating to Her Majesty's navy.......... 1794
Limit of jurisdiction ................. e e º e s e < * * * 1793
Matters arising in Quebec ................... 1793
Ships registered at port of Quebec. ...... 1793
Limitation as to remedies .................... , 1794
“Maritime Court of Ontario’ to be con-
tinued............................................ 1791
Oaths, administered by whom................. 1795
Officers of court.................................... 1792
Assessors........................................... 1792
Deputy marshal........... ...................... 1792
Deputy registrar................................. 1792.
Marshal............................................. l'792
Registrar .......................................... 1792
Practice in cases unprovided for in rules. 1794
Rights and remedies, same as under Bri-
tish Vice-Admiralty Court............... | 703
Rights of certain mortgagees protected... 1794
Rules of practice and tariff of fees may be
made.............................................. 1795
Copies for Parliament......................... 1795
May be suspended.............................. 1795
Their effect............ ........................... 1795
Seat of the court ......................... ......... 1793
Short title ..........• * . . . . . . . . . . . . . . . . . . . . . . . . * * * * * * * * 1791
Surrogate judges................................. 1792
Appointment of................................. , 1792
Powers of................................. ......... 1792
Remuneration of................................. 1792
Tenure of office of ...... ........................ 1792
and Salvage Act..............................
Tariff and disposal of fees....................... 1792
* ..
%.
**,
ENERAL INDEX.
81.
The figures denote the pages which are nurnbered at the bottom.

Y
MARKING OF MERCHANDIZE. See
Trade Marks Offences Act................ 1945
MARKING OF TIMBER—An Act respect-
ing the............................................ 945
Assignment of registered marks............ 946
Certificates of registration to be evi-
dence...... ....................................... 945
Different marks to be used..................... 946
Exclusive right to use registered mark.... 946
Fees—Table of................ . ..................... 946
Marks may be cancelled..................... ... 946
Minister may make rules and adopt forms. 947
Minister of Agriculture to register marks,
and grant certificates on certain con-
ditions ............................ ............... 945
Penalty for using another person's mark. 946
Persons engaged in lumbering, &c., to
select, register and use proper marks. 945
Penalty for violation................. * * * * * * * * * * 945
MARRLAGE–0ffences relating to the law of 1885
Bigamy......... ........ & s is e º e º 'º º 0 < e < * * * * * * * * * * * * g e g º 'º e 1886
Definition of.............................. . . . . . . . . . 1886
Exceptions ............... . . . . . . . . . . . . . . . . . . . . . . . . . 1886
Punishment for. ........ ........................ 1886
Procuring feigned marriage........... tº e g e s a s s 1885
Defendant a competent witness............ 1885
Evidence in such case. ........................ 1885
Limitation of time for prosecution......... 1885
Solemnization of marriage in violation of
the laws of the Province .................. IS85
Punishment ....................................... ] 885
Time for prosecution limited................ 1885
Unlawful Solemn 1zation of............. ....... | S85
Punishment for.................................. 1885
IMASTERS AND MATES OF SHIPS —
Certificates to ............................ * * * * * 1025
MATES OF SHIPS–Certificates to ......... 1025
MEASUREMENT AND REGISTRATION
* OF SHIPS. See Registration and
Classification of Ships..................... 1007
MEASURES. See Weights and Measures
Act................................................ 1375
MEASURING, CULLING, &c., LUMBER,
&c. See Cullers' Act...................... 1359
MEMBERS-Disqualification as and resig-
* nation of. See House of Commons, &c. 191
MEMBERS OF THE HOUSE OF COM-
MONS –Elections of. See Dominion
- Elections Act ......... ........................ 89
MERCHANDIZE - Fraudulent marking of.
See Trade Marks Offences Act. ......... 1945
IMILITARY AND NAVAIL STORES-All
Act respecting................................ 1981
Imprisonment under this Act................ 1983
Interpretation, “Stores”.................. .... 1981
Knowledge that goods bear mark, pre-
sumed, till contrary shown............... I982
F
MILITA$Y AND NAVAL STOREs—concluded.
• Marksºo be used on H.M. Stores....... ..... 1981
See schedule ..................................... 1984
Nothing in this Act shall prevent indict-
ment, under this or any other Act..... 1983
Persons in whose possession stores with
mark are found, must prove that they
obtained them lawfully.................... 1982
Former possessor may be summoned..... 1982
Proof under this Act.............................. 1983
Schedule of marks........... & d g g g º e de tº º ſº e º de * g º e º 'º & 1984
Searching for stores near H.M. vessels,
wharves, &c., without permission...... 1983
Penalty in such case...~.................... ... 1983
Summary trial when stores do not exceed
$25 in value.................................... 1982
Unlawfully keeping or selling stores
marked........................................... 1981
Unlawfully obliterating or concealing
marks............ . . . . . . . . . . . . . . . . . . . , is tº g º e & e • * * * * * * * 1981
Unlawfully using marks....................... 1981
What shall be deemed possession............ 1982
Who may apply marks.......................... 1981
Who only may prosecute...................... }{}83
MILITARY COLLEGE – An Act respect-
ing the Royal.................................. . 643
Admission to college—Examination for... 644
Age of candidate................................... 644
Board of examiners................. • e º 'º e º & # * * * * * * (543
Cadets — - - -
Number of limited.............................. G44
Payment for. ..................................... 645
Requirements from................. ........... 644
Selection of........................................ (344
Subject to articles of war, &c............... 645
College staff............................ .* tº e º s º " * * * * * * 643
Commandant....................................... 643
Examiners–Board of............ ". . . . . . . . . . . . . . . . 643
Government of College........................ 643
Military College established .................. 643
Report of names of successful candidates. 644
Salaries .................... ........................... 643
MILITIA ACT......................................... (3]. I
Accoutrements—Clothing, and arms and 626
Active militia shall consist of whom and
what....... … …~~ 617
Land force. ............ .......................... 6.13
Marine force....................................... G] 4
Administration of, by whom.................. (§ 1 I
Ages of the Several classes..................... (51.3
. Aid of the civil power............................ 62-1
Arms, accoutrements, &c....................... 626.
Balloting.................. ... ..... ..... . . . . . . . . . . . . 619
Billeting and cantoning troops, &c......... 635
Brigade divisions ................................. G15
Camps of instruction ............................ 31
Calling out the militia........................... 63.
ºn -
GENERAL INDE;
2 :
The figures denote the pages which are umbered at the bottom.
- i - Æ
MILITIA ACT-Continued. * }. MILITIA ACT-Concluded. .
Cantoning troops, &c.....................ſ tº t t tº a 635 ' ... Interpretation........ * * * * * * * * * * * * * * '• * * * * * * * * * * * * * * * Gll
Civil power—Aid of the.......... ........ "...... 62.l “Interpretation Act"—How to apply to
Clearance rights.................... * e a e º e º 'o e º º is a s º 612 this Act......... * * * * g º º 'º e º 4 º' tº 6 e º a tº a tº ſº e º e º e º e º e º 'º e 611
Clothing, arms, &c,............................... 626 Keewatin—Provision in case of emergency
Command in chief........ ........ '• * * * * * * * * * * * * * * * 611 in the District of............................. . 622.
Commanding the militia—Officers...... ... 623 Military Districts.............. tº e g º º e º q * * * * * * * * * * e . 614
Commissioned officers........................... 624 Military Divisions................................ . 614
Company divisions....... ........................ 615 Military instruction in schools and colleges 632
“Corps'—Meaning of............... • * * * * * * * * * s s ($1.1 Militia—Calling out the......................... 632
Courts martial, &c,............ • . . . . . . . . . . . . . . . . . . 635 “ —Divisions of............................. 6.13
}omposition, &c., same as in H.M. regu- Militia, officers......... . . . . . . . . . . . . . . . ., 8 s tº e º ºs e s s a e º a tº . 623
lar army................... ..................... 636 Adjutant General...................... … . 623
Courts of inquiry and courts martial...... 635 Duties to be assigned by Governor in
Death—Sentence of, in certain cases....... (336 Council ….................................... ... 624
Defence—Works for.............................. 612 Quartermaster General ...................... 623
Department of Militia and Defence......... 6ll Militiamen classified ........... tº e s e a e e º a º • . . . . . . ($13
Deputy and other officers...................... . 61.2 Composed of whom ..... tº e º 'º a tº e º is º º a v. e. e. e s tº a , 613
Deserters—Who may be tried as ............ 634 Minister of Militia and Defence.............. . 6ll
District staff................ “...............~ 624 North-West Territories – Provision in
Amalgamation of districts,.......‘e e s - e º e s tº e e 624 case of emergency in the.................. (322.
Change of designation......................... 624. Offences and penalties.......................... . 636
Deputy Adjutant General................... 624 Offences connected with desertion ........ . 639.
Other officers......….................. 624 Offenders—Trial, &c., of .............. * * * * * * * * 634
Salaries............... .............................. 624 Officers commanding the militia ............ 623
Districts—Military................................ 614 Officers—Commissioned ........................ 624
Divisions of military districts into— Official Arbitrators Act............. … 612
Brigade............ ..........• . . . . . . . . . . . . . . . . . . . . . 615 Pay for horses.................................. … 628
Company............... ...... ...................... 615 “ for men.......................................... 628.
Regimental.................................. . . . . . . 615 “ for officers, commissioned .............. . 628
Divisions of militia into— -- { { ! { non-commissioned........ . 628
Active............. .................. ..... tº e < * * * * * * * 613 Penalties—Offences and,....... • * * * * * * * * * * * * * * * 636
Land force......................................... 6.13 Period of service ................................. . 614
Marine force...................................... , 613 Periods of drill, &c................. * * * * * * * * * * * * * * * 628
Reserve.......... * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ($13 Procedure ............ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . 640
Drafting............................................... (319 Public Works Act............. ....... * e º a tº e º 'º a tº a s & G12
Drill and training .................................. 627 Rank of officers, relatively.................... . 625
Drill associations, &c,............................ , (332 Rates of pay.............. ........................... 628
Drill instructors............... ..................... 629 Regimental divisions ........ & s • * * * * * * . ......... 615
Drill of marine militia.................. ... • * * * * * * * * * 628 Regulations............ ........................... . 641
‘‘ of reserve militia...... ... • * * * * * * * * * * • * * * * * * * * * 629 Reserve Militia .................................... 614
Drill—Periods of, &c. ................ ............ 62S Retired list—Officers placed on ..... • * * * * * * . (325
Drill sheds, rifle ranges, &c. .................... (330 Rifle and drill associations .................... . 632
Enrolment, Appointment of Rifle ranges and drill sheds ................... 630
Captain....... “.…..…..…. , 615 Rules and regulations—Her Majesty may
Lieutenant......................................... 615 make ................ … ........ 631
Lieutenant-Colonel. .......................... (315 Schools of military instruction.............. , 631
Major........ & a e s a s tº e s = * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 615 Secretary of State for War—Powers of... 613
Exemptions—Absolute ......... ............... 616 Service—Period of................................ 614
In case of war.................................... 616 Short title ........................................... . 611
“Expropriation Act ’’.......................... 61.2 Staff officers ........................................ 6.25
General provisions........... .................... 64 1. Substitutes...................................• * * * * * * 630
Horses—Enrolment of....... . . . . . . . . . . . . . . . . . . . . (317 Training—Drill and................• . . . . . . . . . . . . . (327
- -Pay for.................................... 628 Transport of troops, &c.................. * * * * * * * 635
Inspections ....................... & ſº s º 'º a tº 4 & a 4 & w e º e s is a 630 Uniforms, &c..................... * * * * * * * * * * * * * * * * e º e 626
Instruction—Camps of ....................... ... 631 Volunteers .......................................... 6 1S


Schools of military..............................
- (33l Works for defence................................. 61.2
GENERAL INDEX.
83
The figures denote the pages which are numbered at the bottom.
. MTNERALOGICAL RESOURCES. See
Geological, &c., Survey of Canada....
MINES-Injuries to. See Malicious injuries
247
MONEY ORDER SYSTEM. See Post
Office Act............................... .......
MOUNTED POLICE. - See North-West :
Mounted Police.......... tº e º a 3 º' a tº 4 & e º e º a c e º is tº e
MURDER. See Offences against the Person. 1887
N
NATURAL HISTORY. See Geological,
&c., Survey of Canada.....................
NATURALIZATION ACT........................
Acts which are not to be repealed or af-
fected by this Act ................... 1544,
Alienage—Declaration of ......................
Aliens may hold, transmit, &c., property
of any kind .............................….
Act, not to affect certain dispositions
previous to July 4, 1883 ...................
Not entitled to franchise, when............
Owners of British ships .......................
To have only rights expressly given .....
Aliens–Rights of property of .................
Aliens who had their settled abode in cer-
tain Provinces, on certain named days,
to be British subjects on taking oaths
of allegiance and residence...............
See Oath of residence, Schedule H....
Effect of certificate..............................
Form of See Schedule I. ................
Effect of filing................. • . . . . . . . . . . . . . . . . . .
Fee for certificate
Where oath shall be filed.....................
Children of aliens who have been ad-
mitted to British nationality
Of British subjects who have become
aliens .......................... …
Of parents who have obtained certifi-
cates of naturalization............ .........
Gommissioners, to administer oaths.......
Convention by Her Majesty with foreign
State * -
Aliens who have become entitled to
e a e s a • * * * * * * * * * * * * * * * * * * * * * * * * *
& e º a $ tº e s tº # 4 tº
• * * * * * * * * * * * * * * * * * * * tº e º e º 'º - s • * * * * * * * * * e º a tº e º 'º 4
privileges of British birth in Canada. 1
How alien subject of such state may
obtain certificate of naturalization.....
July 4, 1883–Previous to....................
Oath of residence, &c..........................
What the certificate shall show and its
Declaration of alienage...... .................
Before whom to be made.....................
Child of a British Subject....................
Convention with a foreign state...........
Her Majesty's subjects by birth............
1.
F:
2
a
1536
1536
1536
I536
1535
1545
1551
1546
1552
1546
1546
l546
1542
(393
NATURALIZATION ACT-Continued.
Subjects of foreign states by the law
thereof......................... tº e º 'º is tº a tº "tº e is e ...... 1536
Evidence .................. …… 1543
Certificates—Proof of.......................... 1543
Declarations—Proof of........................ 1543
Entries of registration—Proof of.......... . 1544
Registration in land office................... ... 1544
Expatriation ....................................... 1537
British subject naturalized in a foreign
State............ ................................... 1537
Declaration of alienage................. 1536, 1537
Before whom to be made........... . . . . . . . 1536
Effect of..............................… 1536
Fee for certificate by Court..................... 1544
‘‘ for recording certificate.................... 1544
General provisions................................ 1544
Governor in Council may make regula-
tions.......................... ..................... 1542
Infant children—Status of..................... 1541
Interpretation ...................................... 1535
“Alien "............................................ 1535
“County " ......................................... 1535
“Disability "...................................... 1535
“Oath '' ....................... * * * * * * * * * * * is e º ſº e º e º ſº e 1535
“Officer in the consular service of Her
Majesty "............................ ......... 1535
“Officer in the diplomatic service of
Her Majesty”.............................. 1535
“Statutory alien "...... • . . . . . . . . .... • . . . . . . * * * * * * 1535
“Subject”.......................… 1535
January 1, 1868—Persons entitled to
naturalization before....................... 1545
Form of oath in such case. See Sched-
ule G.............................. tº a “ - - e s = e s e e s e a 1551
July 4, 1883 – Rights, &c., previous
to......... ......... ................. 1536, 1537, 1544
Married women—Status of................. ... 154l
Naturalization...................................... 1538
British subject by birth who has become
an alien........... … 1540
Certificate of re-admission......... ....." 1540
Form of certificate. See Schedule F. 1550
Rights of......................................... 1540
Certificate of by court........................ 1539
84
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
NATURALIZATION ACT-Continued.
Form of. See Schedule G............... 1549
Certificate of, by Secretary of State...... 1539
Form of. See Schedule D................. 1549
Certificate of re-admission to British
nationality ............................... ....... 1540
Certificate to be applied for................. 1538
Form of. See Schedule B.......... tº e º e. e. e. g. 1548
Certificate when nationality doubtful... 1540
Effect thereof.................................. 1540
Form of. See Schedule E................ 1550
Convention by Her Majesty with foreign
state.................... tº e a s a s e º e º 'º a tº s e e o e º 'º - a s 1541
Court to which certificate shall be pre-
sented in...................... … l;38
British Columbia............................ 1539 |
Keewatin ............................. e & 6 º' s e a e º 'º 1539
Manitoba ............ ........................... 1539
New Brunswick .............................. 1538.
North-West Territories..................... 1539
Nova Scotia......, ............................. 1538
Ontario ................ * * * * * * * * * * * * * * * * * * s º e º 'º e º e 1538
Prince Edward Island..................... 1539
Quebec,.................. ...... • * * * * * * * * * * * * * * * * * 1538
Evidence of residence or service........... 1538
July 4, 1883 – As to aliens naturalized
before......... .................................... 1540
Oaths of residence and allegiance, &c.,
to be taken........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1538
Form of. See Schedule A............. 1547 |
Presentation to be made in open court. 1539
To be filed of record......................... 1539
Rights of alien naturalized.................. 1540
Exception....................................... 1540
Where and before whom oaths may be
taken......... ................................... , 1538
Naturalization — Acts done before.......... 1544
Naturalization to be under this Act only 1546
Penalty for false swearing........... , a s s & e s a e º s 1546
Property of aliens — Rights of.................. 1535
Regulations which may be made by Gov.
in Council.............. • - - - - - - - - - - - - - - - - - - - - - - - 1542
Repatriation......................... • * * * . . . . . . . . . . . . 1537
Before whom declaration may be
made.................... .................... 1537, 1538
Declaration of alienage, &c................. 1537
Effect of declaration...... .................... 1537.
Schedule...... ....................................... 1547
Certificate of naturalization after resi-
dence.......................................... C. 1549
Certificate of naturalization after ser-
vice............... ............................ D. 1549
Certificate of naturalization in case of
doubt........................ a • * * * * * * * * * * * * * * * E. 1550
Certificate of oath of residence, &c... B. 1548
NATURALIZATION ACT-Concluded.
Oath of alien who had his settled abode
in certain provinces on certain named
days.............. 0 0 & 6 tº ſº º º * * * * * * * * * * * * * * * * * * ...H. 1551
Oath of allegiance........................... A. 1547
Oath of person entitled to naturaliza-
tion before January 1, 1868......... ... G. 1551
Oath of residence........................... A. 1547
Oath of service........... * * * * * * * * * * ........ A. 1547
Short title..................................... tº e s a e º a 1535
Status of married women and infant chil-
dren.......................... ....................... . 1541.
United Kingdom “The Naturalization
Act, 1870” passed by the Parliament
of the—Application of..................... ... 1535
Widow being a British subject by birth,
who has become an alien by marriage. 1542
NAVAL STORES. See Military and Naval
Stores......... .e. e. a tº e º is a s. * * * * * * * * * * * * * * * * * * * * * e e a ... 1981
NAVIGABLE WATERS. See Works con-
structed in or over, &c........................... 1243
NAVIGATION OF CANADLAN WATER.S.
–An Act respecting ................ * * * * * * * * * * 1151
Alteration of Imperial regulations —Pro-
vision in case of................................ , 1160
Both vessels in fault —Damages when..... 1 lºj9
“ British Sea Fisheries Act, 1868 ''.......... 1154
By-laws—Local, penalties, &c,.............. 1157
Collision from nou-observance of rules. ... 1157
Collisions – Regulation for preventing. ... 1151
Convoys—Lights for Squadrons and. ...... 1156
Crossing–Steamships,...... .................... 1155
Damages, how calculated.................... . 1159
Duty of masters, &c............................. , 1158
Extreme annount of damages recoverable. 1159
Fishing vessels, at anchor..................... 1153
( : “ drift net fishing. ........ ... 1153
Flare-up lights .................................... II 54.
Fog, &c.—Speed restricted in................. 1154.
Fog, mist, or falling Snow, &c................. 1154
Fog-Sound signals for......................... 1154
Foreign ships,...................................... 1158
Harbor Commissioners of Montreal, &c... 1157
Harbor of Sorel .................................... 1157
High Court of Justice (England)—Rules
- under............... .................. ............ | 158
Insurance against certain casualties not
invalid .................. ........................ 1160
Interpretation....... .............................. 1151
“Ordinary practice of seamen ''........... 1151
“Owner”.......................................... | 151
“Ship”............................................. 1151
“Steamship”..................................... 1 151
“Vessel". "… I 151
Lanterns for lights........ 4 * * * * * * * * * * * g g º e º s e e º a tº ºf ] 154
Liability from non-observance of rules.... 1157
§ { of re-admission........ ........F. 1550
Liability of owners............ ...... . .......... | 158
GENERAL INDEX. - 85
The figures denote the pages which are numbered at the bottom.
NAVIGATION of Canadian Waters—Continued.
When limited....................................... 1159
Lights to be carried—Provisions as to..... 1151
Fishing vessels................................... 1153
Globular lanterns............................... 1154
Open boats ........................................ 1153
Pilot vessels............................. ſº tº * * * * * * * * 1153
Sailing ships........................................ 1153
Small vessels ..................................... 1153 .
Squadrons and convoys....................... J 156
Steamships ........................................ 1 152
Telegraph cable ships......................... I lj2
Trawlers at work............~~~~ 1153
I local authorities—Rules by................... 1156
Local by-laws, penalties, &c.......... ........ 1157
Masters—Duties of............................... 1158
Meeting—Sailing-ships.......................... 1154
4 : . Steam-ships.......... . . . . . . . . . . . . . . . . . 1155
Montreal—Harbor Commissioners of ...... 1157
Narrow channels—Steam-ships in.......... l 156
Open fishing boats, &c., at anchor....... ... 1153
{ { { { { { under way........ . I 153
Owners of ships—Liability of................ | 158
Penalties, &c.—Local by-laws,.............. 1157
Penalties, how recoverable.................... 1158
Penalty for wilful disobedience of this -
Act........................ . . . . . . . . . . . . . . . . . . . . .... 1157
Pilot vessels................ . . . . . . . . . . . . . . . . . . . . . . . . . . . 1153
Proper precautions, &c....... .................. 1156
Quebec Harbor Commissioners.............. 1157
* { Trinity House of........................ | 157
Rafts—Rules concerning....... • * * * * * * * * * * * * * * * 1156
Recovery of penalties............................ 1 158
Regard to dangers of navigation, &c...... 1156
Sailing ships, in motion.................. '* * * * * * * * 1 153
Sailing ships, meeting......... … ........ 1154
Ship overtaken by another..................... 1156
Ships at anchor .................................... 1, 153
Ships keeping out of the Way.................. I 156
Ships not under command...................... 1152
Signals by Steam.................................. 1155
One short blast—Meaning of......... ....... 1155
Three short blasts—Meaning of............ 1156
Two short blasts—Meaning of............ , 1156
Signals for fog. See Sound signals, &c... 1154
Small vessels in bad weather................ ... 1153
Sorel–Harbor of ................ ................. 1157
Sound signals for fog, &c. ..................... 1154.
Speed restricted in fog........ • * * * * * * * * * * * * * * * * * * 1154.
Squadrons and Convoys—Lights for...... 1156
Steam-ship approaching another ship.... 1155
Steam-ship in narrow channel .............. 1156
Steam-ship to keep out of the way of sail-
ing-ship............…....…. 1155
Steam-Ships crossing ........................... 1155
Steam-Ships meeting............................ 1155
** ****** * * * * :----- *-m-
NAVIGATION of Canadian Waters—Concluded.
Steam-ships under sail or under steam... 1151
Steam-ships under way........................ | 152
Steering and Sailing Rules..................... 1154
Tonnage, how calculated....................... | ] (30
Trawlers at work .............• . . . . . . . . . . . . . . . . . . . 1153
Trinity House of Quebec........................ 1157
NAVY. See Offences relating to the Army
and Navy ........... * * * * * * * * * * * * * *. . . . . . . . . . . . . . 1979
NAVY-Property of seamen in the. See Sea-
men in the Navy, &c........................ 1985
NORTH-WEST MOUNTED POLICE .
FORCE—An Act respecting the....... (393
Articles of engagement to be signed ....... (395
Commissioner of police.......... . ... ......... (393
Constables............ … • . . . . . . . . . . . . … (394.
Control and management....................... 693
Duties of the force................................. , 695
General provisions....... * * * * * * * * * * * * * * * * * * * * * * * * * 700
“Civil Service Superannuation Act,”
to apply to whom............................ '700
Expenses payable out of what fund...... TOO ...
Publication of regulations................... 700°
Separate account to be kept................. 70}.
Headquarters of the force.....a...... ........ 695
Interpretation...................................... (393
Militia. Act—When, subject to................ (395
Non-commissioned officers.................... 694
Oath to be taken by members of............. 694
Offences...... * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 697, 698
Application of penalties...................... (399
Breach of discipline............................ 69S
Desertion—Evidence in case of............ 700
Refusal to deliver up clothing, & “... ...., ($99
Penalty for...................................... 699
Refusal to obey orders......................... 699
Trial and punishment.......................... 698
Unlawfully buying or selling ciothing,
arms, &c...................................... 70ſ)
Penalty for...... ............................... 7()()
Witnesses——Examination of, &c.. ......... (39.)
Police force established.......................... 693
Powers of members............................... (394
President of Privy Council to have con-
trol of the force............... • * * * * * '• * * * * * * * * * G93
Prosecutions........................................ 700
Protection of the force .............. • * * * * * * * * * * * 696
Qualifications required.......................... 694.
Regulations—
Certain expenses ................................ 697
Precedence and rank........................... (397
Quartering, billeting, &c.................... (397
Relative rank of officers of Militia and
Mounted Police ............................... (395
Remuneration of members..................... 696
Special application of Act...................... 70l.
Steam-ships towing, &e........................ 1].52
Keewatin—Act to be in force in........... 7()l
GENERAL INDEX.
ſº
The figures denote the pages which are numbered at the bottom.
NORTET - WEST MOUNTED POLICE
FORCE—Concluded.
Provincial Governments-Arrangements
With.............. 4 * * * * * * * * * * * * * * * * * * * .............
Supernumeraries and scouts.................
Surgeons and veterinary surgeons..........
NORTH-WEST TERRITORIES ACT......... -
Acts generally, may be extended to the
Territories by Governor in Council....
Administration of justice......................
• * * * * * * * * * * * * e &
Civil justice—Administration of..............
Execution of judgment............... .........
Gambling debts or intoxicants——No ac-
tion lies for............ ... . . . . . . . . . . . . . . . . . . . . .
Judgment, how given.........................
When it may be given subsequently
to trial............................ * * * * * * * * is a e º ºs
Reference of disputed accounts........... e tº
Repeal of sections 88 to 90 inclusive,
may be by proclamation.......... ........
Summary procedure............................
Trial by jury, when.......... ..................
Constitution and powers of Legislative
Assembly........................................
*** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Number of jury...................................
Power of coroners...............................
When inquests may be held
Who eligible for coroners.....................
Council and Assembly—Flection of mem-
bets of ......' ..................................
Criminal law—Administration of
Challenges, by accused
• * * * * * * * * * * * * * * * *
#
tº e º ſº & tº e tº g & tº €
{ by Crown ............... a s s • * s e e a
& 3 for cause....... ...................
Convict, where to be imprisoned .........
Conveyance of ...............................
Puties and powers of warden............
May be detained in custody of N. W.
Mounted Police
* * * * * * * * * * * * * * * * * s a e s a e s a e º a
Stay of execution in such case. .........
J)efense by counsel..............................
Prection of places of detention.............
Grand jury, none ..........................!.....
Limitation of time for proceedings
Notes of evidence ...............................
{)pen court—Trials, to be in.................
Powers of judge in cases of aggravated
assault | -
* * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
733
733
733
|
:.
:
7
3
2
7:
3
1
728
73]
729
729
728
Escape from custody........................
Larceny, &c.................................. & tº
Summary trial........................ '• • . . . . . . .
Procedure........................ . . . . . . . . . . . . . . . . . .
Repeal by proclamation of sections 67 to
76 inclusive.................. . . . . . . . . . . . . . . . . . . .
Trial by jury, in what cases.................
Witness, failing to attend.................... .
Contempt of court...........................
Proceedings against ........................
Punishment of.................................
Election of members of Council and As-
Sembly............. e s = e e s w w e < * * * * * * * * . . . . . . . . . . . .
Additional member—When entitled to..
Election qualification ........................:
Electoral districts, how erected ..........
Powers of elected members..................
Proceedings for elections............ .........
Sub-division of districts.......................
Voting qualification ...........................
English or French language may be used
Evidence—Certain printed copies of laws,
&c., to be ....................................... -
General provisions ..................... . . . . . . . . . .
Government and legislation..................
Administrator, when he may be ap-
pointed ......... .................................
Clerk of the Council...........................
Council—Appointment of ...................
Judges—Appointment of.....................
Laws in force, continued..............…
Laws of England on July 15, 1870, how
far in force ....... ... . . . . . . . . . ....... .........
Lieutenant Governor, his appointment
and duties....................................
To preside at sittings of Council........
Oaths to be taken. ..............................
Ordinances respecting administration of
justice ......................... ...............
Concerning juries ................... . . . . . . . .
Disallowance of...............................
Submission of to Parliament............
Ordinances respecting education..........
Majority Schools............. • * * * * * * * * * * * * * * * *
Minority Schools.................. ............
Power to pass ordinances ........ tº e s s a s e º 'º is a
Powers of Lieut. Gov. in Council.........
Seat of Government............................
Territories, defined ............................
Inquests, &c. See Coroners, &c...... ..... e
Interpretation—
“Intoxicant" ....................................
NORTH-WEST TERRITORIES ACT-Continued.
'728
'730
'720
'721
721
'ſ 20
721
721
72]
721
T39
739
739
717
'718
718
718
718
719
719
718
7 18
718
720
'720
T20
720
719
719
719
720
‘719
7 18
717
732
717
* * * * * * * * * * * * * * * g g g g tº
717.
“Intoxicating liquor" ........................
GENERAL INDEX.
87
The figures denote the pages which are numbered at the bottom.
*-
NORTH-WEST TERRITORIES ACT-Continued.
“Lieutenant Governor’’..................... 717
“Lieutenant Governor in Council "...... 717
“Supreme Court”.............................. 717
“Territories”...........................…. 717
Intoxicants—Prohibition of................... 734.
Justice—Administration of................... 724
Appeals, &c.—Hearing of............ tº a s g º e º 726
Bond to be given by sheriff......... ........, 727
Constitution of court. ........................ 725
Deputy sheriffs and clerks.......... '• * * * * * * * * 727
Fees of clerk. .................................... 727
Judge, to hold no other office........... ..., 725
Judicial districts. .......... … 726
Jurisdiction, defined.................. . . . . . . . . . . 725
Jurisdiction in banc.................. • * * * * * * * * * 726
Justices of the peace ........................... 728
North-West Mounted Police may be or-
dered to aid, &c.............................. 728
Qath of office. ....................... ............, 725
Powers of single judge............ tº e º ºs e º 'º e º & tº º 726
Residence of judges.......... ſº ſº tº tº º ſº tº tº e º ſº e º e º e º e º 'º '725
Salary and fees of sheriff......... tº tº ſº tº e º e º & e s s 727
Seal of the court. .............................., 727
Sheriffs and clerks, officers of courts..... 727
Sittings, in banc........................ & ſº tº e e º ſº º g 726
“ of single judge...................... 727
Stipendiary magistrates, superseded by
judges.......... . . . . . . . . . . . . . . . . . . . . . . . . tº tº a 3 & ſº e º is 727
Supreme Court, continued ........ tº e e s is is e º 'º E 724
Tenure of office. ...... ................... ſº tº a s is a tº tº 725
Territorial jurisdiction of judge............ 726
Who may be appointed judge. ............. 725
Legislation—Government and ............... 717
Legislative Assembly—Constitution and
powers of..................... • * * * * * * * * * * * * * * * * * * * * * 722
Lunatics.......... ................................... ... 737
Manitoba to be indemnified for care of... 738
Recapture of.......... ........................... , 738
Removal of........... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * 737
Warrant to retake escaped patient....... 740
Married Women.................................... 723
Debts of wife before and after marriage. 724
})eposits in bank........... ..................... 724
Earnings, &c., of................................ 723
Fraudulent investments. ..................... 724 .
Suits by and against........................... 724
Officers not being provided—Their duties
may be assigned to persons appointed
by Lieut. Gov. in Council ......... ....... 739
Officers—Salaries of............................., 738
Prohibition of intoxicants...... § - s s e e º e º s 2 & e º º , 734
Conviction, &c., when not invalid. ...... 736
Customs and excise laws to apply....... , 734
Forfeiture of intoxicant....................... '734
NORTH-WESTTERRITORIES ACT-Concluded.
Manufacture, &c., of intoxicants, when
prohibited..................... .... • . . . . . . . . . . * * 734
Penalty for— 4.
Having articles exchanged for intoxi-
cants in possession. ...................... 735
Manufacturing without permission. ... 735
Refusing to assist constable.............. 735
Subsequent offence.............. ........... 736
Recovery of penalties. ........................ 735
Return of permissions. ........................ 734
Search warrant, when granted............. 734
Special permission............. ... ............... 734 .
Still, &c., may be seized, &c,.............. 734
Road allowances.................................. 738
Salaries of officers— -
Clerk of Council....................... tº e º e o e º 'º e 738
Lieutenant Governor. ........................ 738
Members of Council................... ......... 738
Travelling allowances ............... ......... 738
Sale of arms and ammunition................. 736
“Ammunition ”—Meaning of............... 736
“Improved arm *—Meaning of............ 736
Regulations—Gov. in . Council may -
make concerning— & -
Disposition of forfeited arms, &c. ...... 737
Fees............ ...................... ... ......... 737
Permits...... ..................'......... ......... 737
Returns........... ....................... • * * * * * * * 737
Section, when and how to come in force 737
Seizure of arms, &c............................. 736
Supplying arms, &c., without permit... 736
Survey and transfer may be directed by
Governor in Council........................ '739
Warrant to take escaped lunatic–Form -
of...... . .................. .................. “ 740
Wills................ . ........…. 722
Devise to witness void ........................ 723
Execution of...................................... 722
Executor, may be witness.......... ......... 723
Incompetence of witness..................... 723
Revocation of............................... ...... 723
Testator must be of age....................... 722
Witness to......................... ..... . . . . . . . 722, 723
NORTH-wesT TERRITORIES REPRE-
SENTATION ACT.......................... 65
Accommodation at polling stations....... 71
Agent of candidate.............. ... * * * * * * * * * * * * * * * '72
Alberta—District of......... . .................. 65
Assiniboia—East Riding........................ G5
‘‘ West Riding....................... 65
Certificate on close of poll..................... 74
Form of certificate. See Schedule Q..... 88
Commencement of Act ........................, 77
Copies of Act, &c., to be transmitted to
returning officer.......... ...... ....... * * * * > * 76
Of things accessory to offence........... 735
Copies of certificates to be furnished...... 75.
88.
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
NORTH-WEST TERRITORIES REPRE-
SENTATION ACT-Continued.
Declaration of election......... - - - - - - - - - - - - - - - - -
Deputy returning officer........................ 71,
Appointment of..............~~~~
Duties of............ * . . . . . . . . . tº e s a s e º e º e º e º 'º w ś 72, .
Oath of office of......................... 'G ſº tº e g º º , 72,
* Oaths—Administration of.................. e
Districts established........ g º e º e º is s m & º * tº g is tº e º 'º º in
Dominion Elections Act—Certain parts
of, incorporated in this Act..............
Election clerk—Duties of.......................
How appointed................................... -
Not to vote............................ . . . . . . . . . . . . . . .
Oath of office of.................. ..............
Electoral Franchise Act—Section 9 of,
not affected.......... ... ................ tº e º in a s e
Attestation of lists by......... ...............
Correction of lists by..........................
Delivery of lists to deputy by...............
Form of certificate. See Schedule K....
Oath of office of, to be taken...............
Form of oath. See Schedule J.........
Preparation of lists by........................
Forms—Schedule of..............................
Certificate in poll book............. : dº º is º is tº º Q
!
10
74
7]
74
84
73
.6
5
.
.
.
Certificate of oath by election clerk...D
( * by returning officer. ...B.
{ { by deputy returning
officer............... M.
of enumerator......... J.
{ { of poll clerk............O.
Commission of election clerk............ C.
Election notice............. .* * * * * * * * * * * * * * * * e s s º e [.
Information to electors..................... L.
List of voters................. ſº e s a e e º is e º s e º is e º º º K
Nomination paper, &c.,...................... F
Oath of attestation of nomination pa-
- pel' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . G.
. ... “ of deputy returning officer......M.
‘‘ of election clerk..................... D.
“ of enumerator......................... J.
“ of poll clerk............................ ().
‘‘ of returning officer.................. B.
‘‘ of voters...................... P. 1, 2....87,
Poll book........... ..................... .......N.
Proclamation ............. … . ... .........B.
Return, of single candidate.............. EI.
“ when poll held................... . R.
Writ of election........ • . . . . . . . . . . . . . . . . . . . . . .A.
Interpreter may be sworn.....................
List of candidates, if required ................
Nomination of candidates........ tº 9 s ſº a s tº s p s is tº #
Acclamation—Return by.....................
Attestation of nomination paper.........
83
87
78
82
84
83
S()
81
84
70
87
78
88
86
80
81
88
77
73
69
(38
69
NORTH-WEST TERRITORIES REPRE-
SENTATION ACT-Concluded.
Form of oath. See Schedule G.........
81
Consent of candidate in writing.......... . 68
Deposit to be made............................ . 68
Form of nomination........................ F. 80
Hour of, &c,............. * * * * * * * * * * * * * * * * * * * * * * * * . 68
Place and day............ • e s - e s • * * * * * * * * * * * * * * * * s 66,
Notice of election to be posted up......... 70.
Form of notice. See Schedule [........... 2
Notice of information to electors............ 7 L
Form of notice. See Schedule L........ , 84
Penalty for unlawfully attempting to :
Vote ........ tº e e s is e a e e s s a tº tº e s tº e e º ſº tº & e º 'º º e º ſe is e º e s a s a s 76
Poll book, &c., to be furnished................. 72
Form of poll book. See Schedule N.... 86.
Poll clerk to be sworn ....... * * * * * * * e < * * * * * * * * * is a 72
Form of oath. See Schedule 0........... , 87
Poll clerks—Who not obliged to act as.... 67
: Who not qualified for......... 66
Poll, may be granted, when.................... (39.
“ when to be held............................. 70
Polling divisions, how made ................. 69.
Polling stations to be provided, &c......... 69, 71
Proclamations, how made.................... 67, 76
Accidents, delays, &c., provision made
in such cases..................... - * * * * * * * * g e º is a 68
Provisional Districts.............................. 65.
Qualification. See Voters, &c........ 65, 66, 67
Report of returning officer ............. , 69, 75, 76
Return of elected candidate.................. . 75
Returning officer, not to vote ................ 67
Proclamation by, how issued ............... (37
Returning officers—
Who not obliged to act....................... 67
Who shall not act .............................. 6'ſ
Saskatchewan District......................... 65.
Summing up of votes.............. .............. 75.
Tariff of fees, &c., may be made.............. 76
Tie-Provision in case of........................ 75
Voter may be sworn...................... 's e s e e s is , 73
Voter refusing to take oath.................... 73
Voter's name not on list........................ 73.
Voters—Who are qualified as........... 65, 66, 67
Votes of officers and agents................... 74
Who may remain where votes are re-
corded ...................... . . . . . . . . . . . . . . . . . . . . . 72
Withdrawal of candidate....................... 69.
Writ—Proceedings on receipt of............ 67
Writs of election—Issue of..................... 66.
Form of Writ. See Schedule........ ...... 77
NOT CONSOLIDATED–Acts and parts of
Acts. See Schedule B..................... 2290
NOTES-Promissory. See Bills of Ex-
change, &c.......................… 1649.
GENERAL INDEX.
89.
The figures denote the pages which are numbered at the bottom. .
OATHS-Extra-judicial.
cial ouths.....................................
OATHIS OF ALLEGIANCE—A n Act re-
specting.................... tº e º e = * * * * * * * * * * * * * * * * *
Affirmation when substituted for
Form of prescribed ...... ........................
No other declaration or subscription ne-
CeSSally.......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oath of office to be taken ....... tº s tº e º 'º º º . . . . . .
Within what time oath must be taken. ....
Who may administer ........ # * * * * * g e º ſº tº $ tº e º e º e º &
OATS-Inspection of See General Inspec-
tion Act........ & e º º ſº º ºs e º G & 9 e º 'º e ... . . . . . . . . . . . . . . . . .
OFFENCES AGAINST THE PERSON. ...
Abduction and defilement of women.......
Of girl under age
( &
- d. ** *
See Extra-judi-
tº $ tº
under sixteen..........................
Of woman against her will, &c.............
Abortion ........... & s e º a º º is e º 'º e s e s a e s tº e º e º a tº • * * * * * * * *
Administering drugs, &c..............'• • * * * * *
Procuring or supplying drugs or in-
struments, &c. ................ ........ * e º e º sº tº
Using instruments, &c................ tº e º º s ºr e •
Accessory after the fact........................
Acts causing bodily harm or dangerous
to life
Assault occasioning bodily harm............
Assault on officers.............. tº w w s e º a w e º e º e º e º 'º a º
Assault with intent to commit an indict-
able offence.............................. • . . . . . .
Assaults—Common, &c.......................
Attempt to choke, &c., with intent to
commit an indictable offence ............
Attempt to have carnal knowledge of
girl under twelve years.....................
Attempts to maim, disfigure, &c............
Attempts to murder..............................
Carnally knowing girl under ten years of
age
Between ten and twelve
# * * * * * g º º is $ $ tº º ºs º is & e < e < e º e s tº e º ſº e s is e º s & e s a e g º e e
* * * * * * * * * * * * * * * * * * * * * * * g e s is e a e s e s is e e s e tº e s tº e º 'º º ºs &
* g e º º tº dº º tº $ 4 tº e º 'º e º e s tº e.
Child stealing.......................................
Children—Taking away, decoying or de-
taining...................... .....................
Chloroform, &c. — Administering with
intent to commit an indictable offence
Common assault ..................................
Concealing the birth of a child...............
Conspiracy, &c., to murder... ................
Continuing to leave openings or excava-
. 1811
. 1893
O
1533
1534
1533
1533
1533
1534
1533
1300
1887
1893
1894
1804
1894
IS95
1895
1896
1895
1887
1888
1893
1893
J893
1889 Placing explosive near a building or vessel 1890
Poison, &c.—Administering, so as to cul-
1894 danger life, &c,...... ........................ 1889
1888 With intent to injure or annoy............. 1889
1888 Railway carriage—Throwing ulissiles at. 1891.
Railway—Doing anything to endanger
1893 pel'SOllS Oll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 b.
1893 Placing obstacles on, or removing rail,
1890 &c...... 2, s , s e s s a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 189
1890 Rape......................................... . . . . . . . . . . . 1893
1894. Assault with intent to columit............ , 1893.
- Receiving stolen child........................... 1895
1894 Setting fire to ship, &c., with intent to
commit murder. .............................. 1888
18S9 Setting spring guns, &c....................... , 1890
1893 Soliciting or proposing to murder. .......... 1887
1896 Spring guns- Setting............................ 1890
1887 | OFFICERS–An Act respecting Public; 227 et seq.
OFFICIAL ARBITRATORS. See Arbitra-
OFFENCES Against the Person—Concluded.
Damaging building with intent to coul-
mit murder..................................... | 888.
Drugs, &c.—Administering ................... 1893.
Excusable homicide.............................. 1887
Explosive—Placing, near building, &c... 1890.
Exposing children .............................. , 1890
Failing, when liable, to provide food, &c.,
whereby life is endangered ............... 1883.
Evidence in such case ........................ 189().
Forcible abduction ............................... 1894.
Furious driving—Injury by ................... 1891
Homicide .......................... ......... ..…. 1887
Ice–Holes in the ...................... ............ 1892
Indecent assault................ ... ............... 1894.
Inflicting grievous bodily harm.............. 1889.
Interpretation “loaded arms '' .......... ... 1887
Kidnapping................................. ......... 1893,
Leaving certain excavations unguarded
and unenclosed............. ........ ........ , 1892.
Leaving unguarded holes in the ice or any
frequented water. ............................ 1892
Loss of life by leaving certain excavations
unguarded—Manslaughter, in case of 1892
Manslaughter. .......................... . . . . . . . . . . 1887.
Murder.................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1887.
Negligently causing bodily harm. .......... IS)?
Offender incapable of taking any proper-
ty of person abducted. ....... … 1894.
Persons preferring certain claims to chil- -
dren not liable.............. ................. 1895.
Petit treason......................................... 1888.
tions unguarded after conviction.......
1892 tors, &c,........................................ , 603
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
OLEOMARGARINE. See Butter—An Act ,
to prohibit, &c. ...... . . . . . . . . . . . . . . . . . . . . . . . , 1329
*ONTARIO AND BRITISH COLUMBIA—
An Act respecting the application of
the Criminal law of England to the
Provinces of......................... • . . . . . . * * * * 1829
onTARIO-Maritime Court of. See Mari-
time Court Act. ...................‘. . . . . . . . . . . 1791
KONTARIO-Savings Banks in. See Savings
Banks in Ontario and Quebec............ 1637
ORDNANCE AND ADMIRALTY LANDS
—An Act respecting........................ 873
Annuities to pensioners........................ , 874.
Application of proceeds ........................ 874
*Class one ............... ..................... ......... 873
How lands dealt with if not required.... , 873
How occupied................ e tº a tº a tº º is a w . . . a tº e g º a tº º e 873
Lands for defence......... ºut tº º ſº e º ſº tº º ºs e e º & © tº º e º e º e 873
*Class tWo............................................. 874
“ Dominion Lands Act ’’..................... 874
ORDNANCE and Admiralty Lands—Concluded.
IE
PALEONTOLOGICAL INVESTIGA-
TIONS. See Geological, &c., Survey
of Canada. ................. * Q & º & e g tº e º ſº tº º tº e º ºs e & tº 247
PARCHMENT—An Act to avoid the neces-
sity of having public documents en-
. grossed on...................................... . 1557
PARDONS. See Punishments, Pardons, &c. 2189
PARLLAMENT—Independence of............ , 181
PARLIAMENT—Library of....................... I99
PARLLAMENT OF CANADA. See An
Act respecting the Senate and House
of Commons...... , a lº & e º tº s tº e º e º ſº tº e e s a ſº it tº & º e s tº e º ºs 179
PASSENGER TICKETS. See Railway Pas-
Senger Tickets, &c........ tº s º e º 'º e º g º e º e º e º e º 'º 1527
FATENT ACT ................................. e º ºs e º e a 90.7
Action for infringement......................... 915
Annual report of Commissioner ............. 92.1
Applications for. See Patents —Applica- -
tions for ........ * * g e º sº dº ſº ºn a e s = e < * * * * * * * * * * * * * * * * * * 90S
Appointment of officers. See. Patent
Office, &c........................................ 90.7
Arbitrators................................* . . . . . . . . . 911
Appointed by commissioner, when ....... 911
Decision of final................................ 911
Failure of applicant to choose ............. 911
Form of oath of................................... 911
How chosen ... ................. “................. 911
Powers of................. * . . . . . . . . . . . * * * * * * * * * * * * * 911
Remuneration of................................. 912
To be sworn ...................................... 911
How lands dealt with........... & ſº e º 'º e º ſº e º 'º & ſº tº 874
Improvements under.......................... , 874 .
Sales at auction .................... s s a e o e º e s is , 874
Classified...... .................... ................. , 873
Consolidated Revenue Fund................. , 874.
Lands divided into two classes............... 873
Lands vested in Her Majesty for Canada. 873
Pensioners —Annuities to. ........ • . . . . . . . . . . .., 874
Pensioners at Toronto, &c.................... , 874
{{ at Penetanguishene, &c........ 874
Proceeds – Application of...................... 874
Rights saved. ........ e e e º a 6 e s a e s a e e º s a s e º e º 'º º is e e º ſº a , 873
Schedule— - -
Admiralty Lands.......... & e º 'º e º e < e º a s e º 'º e s is a tº º , 882
Lands, &c.—New Brunswick......... 884 to 886
! : Nova Scotia.................... 886
( ; Quebec....................... 882, 883
Military properties................. ............. 875
Naval reserve................................. 878, 882
War Department property......877, 879 to 881
PATENT ACT-Continued.
In whole or in part.............— ............... 914.
Joint applications, &c.—In cases of...... 915
Null, if not registered......................... 915
Registration of........................... * * * * g e g º ºr 914
Representatives of inventor................. . 914
Caveat................................................. 918
Duration of....................................... , 918
Intending applicant may obtain .......... 918
Notice of application for....... *e e s a s tº e s is e º 'º e s tº 918
Proceedings to obtain......................... 918
Clerical errors....................... tº e e º gº tº * * * * * g º e s e 920
Conditions upon which patents are
granted ..................................... e º e s ∈ 917
Decision of disputes............................ 917
Importation prohibited after twelve
months......................................... ... 9.17
Manufacture must commence within two
Yea. TS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 917
Conflicting applications......................... 911
Courts having jurisdiction in cases of
impeachment...............7......... ......... 916
Scire facias may issue......................... 917
Courts of record to have jurisdiction in
actions for infringement................... 915
Defence in actions for infringement........ 916
Destroyed patent may be replaced ......... 920
Disclaimer in case of mistake, &c........... 914.
Effect of............................................ 914.
Form and attestation of....................... 914.
Assignments....................................... 914.
In case of death of patentee..................
914
GENERAL INDEX.
91.
The figures denote the pages which are numbered at the bottom.
PATENT ACT-Continued.
Not to affect pending suits............... s e s e
Effect of new patent....................... … :
Existing patents—Certain, to remain in
force e e º & tº º º ſº tº tº e is s e º e º a s a e º ºs e º e º 'º e º ºr n w is e s tº • . . . . . . . . .
Duration of such patents.....................
Extension of such patents...................
Application of.............. & s & e º e s tº * * * * * * * * * * * * * *
For copies of drawings........................
Return of, in certain cases..................
Table of............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
To be in full of all services..................
Foreign vessels—Patented invention may
be used in, when ............ .................
Forfeiture of patents............................ •
General provisions.............* * * * * * g e º s e º e º e º 'º e º ſº
Government may use patented invention.
Grant and duration of patents................
Duration of patent..............................
Effect of second and further payment...
Form of issue of patent..................... Q •
Joint applications ...... . . . . . . . . .... • * * * * * * * * g e e 's e e
Partial fee—Payment of......................
Reference to Minister of Justice............
What the patent shall contain and
confer.............................. . . . . . . . . . . . . . . .
Impeachment and other legal proceed-
ings................................................ .
Impeachment of patent—P roceedin gs for
Infringement of patent—Remedy for...915,
Injunction may issue, when...................
Appeal therefrom ............. • * * * * * * * * * * * * * * * * * * * * *
Inspection by the public........................
Interpretation .....................................
“Commissioner’’.............
“Invention ".....................................
‘‘Legal representatives ".....................
“The Minister’’.................................
Judgment voiding patent to be filed in
Patent Office..................................
Appeal from.......................................
Marking or stamping patented article—
Particulars of..................................
Offences and penalties..........................
Default in stamping or marking. &c.....
Falsely marking, &c............................
Making certain false entries.................
Misdemeanor—What constitutes a........
Officers of Patent Office not to deal in
patents...........................................
Patent fees......................... • - - - - - - - - - - - - - - - - -
Patent Office and appointment of officers.
914
o
9.9
1
*...)
-9
:
ſ
}
3
.
915
916
916
916
916
920
90.7
90'ſ
90.7
90.7
907
917
917
:
i
9.
| PATENT ACT-Continued.
Duties of Commissioner......................
Minister of Agriculture............. e e g g º º ºs e º 'º
Office constituted ...............................
Officers and clerks.................. • * * * * * * * * * * *
Patents—Application for.......................
Domicile to be mentioned....................
Drawings, &c., when to be furnished ...
Duplicates may be dispensed with, when.
Foreign patents—Expiry of patents in
90'ſ
907
907
908
908
908
909
909
910
908
908
908
909
909
909
909
909
909
910
910
909
908
908
910
910
921
916
920
920
910
911.
911
910
910
910
910
92.1
913
913
9
such cases.......................................
Improvements may be patented............
Oath to be made by inventor............... .
Before whom ............................ ......
By applicant, when .........................
Specification, how to be witnessed.......
In duplicate, to be sent....................
Shall show the mode or modes of opera-
tion, place and date............... * * * * * * *
What to show, in case of a machine...
Specifications, &c., how disposed of......
Specimens of ingredients.....................
Title or name of invention to be given...
What shall not be patented............ . . . . . .
Who may obtain patents.....................
Withdrawal of application...................
Working model, when to be dehivered...
Penalties—Offences and ........................ -
Power of court to discriminate in actions
for infringement..............................
Previous purchaser—Protection of .........
Proviso; as to other persons................
Refusal to grant patents.........................-
Appeal to Governor in Council on.......
Applicant to be notified......................
Invention already patented.............. ...
{ { : public....................
- ( { not patentable in law ..........
No novelty in invention......................
Regulations may be made and forms pre-
scribed ...........................................
Re-issue of patents in case of —
Death or assignment.......... • * * * * * * * * * * * * * * * *
Defective or inoperative......................
Error from inadvertence, accident or
mistake........................................... .
Insufficient description or specification.
Patentee claiming too much................
Remedy for infringement......................
Seal of patent office—Evidence of............
Separate patents for separate parts.........
Short title ...................... ........... ..........
. Tariff of fees .............
Term for importation may be extended....
913
913
913
915.
920
913
90'ſ
919
918
Term for manufacture may be extended...
917
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
w
PATENT ACT-Concluded.
Void—Patent to be declared, in whole or
in part, When..................................
Copies of judgment in such
sent to the Patent Office...................
PAUPER IMMIGRANTS. See Immigra-
tion Act.…...........…..... • *
PAWNBROKERS – An Act respecting......
Forging pawnbrokers' notes ..................
Arrest of offender...............................
Penalty for.......................................
Interpretation
Not giving Satisfactory account.............
Arrest of offender..............................
Offender may be committed for stealing
goods, &c.......................................
Penalty for taking unlawful rate............
Rates to cover warehouse room..............
Rates which may be taken.....................
Times and terms on which pledges may
be redeemed........ ,w - - - * * * * * * * * Q = - 0 tº s is s & e s - e º 'º e
When sum lent exceeds twenty dollars ...
PEACE AT PUBLIC MEETINGs. See
Preservation of Peace at, &c.............
PEACE–Breaches of the. See Riots, &c....
PEACE NEAR PUBLIC WORKS. See
Preservation of Peace in, &c.............
PEAS—Inspection of
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
See General Inspec-
PENTTENTIARIES AND PRISONS. See
- Justice—Department of....................
PENITENTIARY ACT ............................ 22
Accountant of Penitentiaries................
915"
915
95.7
1699
1700
1700
1700
1699
1700
. 1700
. 1 700
1700
1699
1699
I (39%)
1699
1857
1837
1849
1300
5
.
Audit of accounts by..........................
Duties of..................................... 2207,
Money matters, &c.—To inquire into. ...
Powers of..........................................
Annual report of Minister......................
Arbitration in case of difference between
:
0
3
warden and contractors, &c.............. 221 1
Books, documents, &c., to be property of
penitentiary........ ... ........................ 2211
Copies of reports to be kept ............... . 221]
How copies are to be furnished............ 221 1
“Canada, Gazette ’’—Proclamation of
penitentiaries, &c., in the................. 2203
Construction and repairs of buildings..... 2,205
Contracts, dealings, personal property,
- &c., to be in corporate name o
Warden..................... … 2210
Conveyance, receipt and removal of con-
Victs.................................. ............ 2212
Assistance in case of escape................. 2214
Authority for conveyance, &c.............. 2212
PENITENTIARY ACT-Continued.
Convict whose sentence of death is com-
muted..................... • - - - - - - - - - - - - - - . . . . . . 2214
Warden how authorized in such case... 2214
Detention of convict .......................... . 22.13
Duty of warden as to receiving and
detaining convicts........................... 22.13
Other Penitentiary or gaol-When
brought from................................. ... 2212
Powers of sheriff or other officer ........... 2213
Removal from one penitentiary to ano-
ther........................... ........ * * * * * * * * * * * * * 22.13
Convicts—Deceased.............................. 2220
Convicts—Discharge of......... tº º e s - a tº e º t e e s a e e 2219
Convicts—Insane.................................. 2220
Coroners' inquests ..................... tº w w e s e º e º a 222()
Deceased convicts. ................................ 2220
Discharge of convicts ........................... 2219
Discipline and correction—Inspector to
make rules for................................. 22:17
Effects—Prisoners’............................... 22 lS)
Escapes, &c., as to streets, &c.............. . 2204
Exagminations and investigations. ........ . 220T
Entry and examination of papers, &c.... 2207
Evidence—-Punishment for refusal to
give............. ..................... tº e º e º 4 s a e s e e . 2207
Inquiries into conduct of officers, &c..... 2207
Witnesses—Summoning...................... 2207
Fermale convicts................. … … … 2216
Governor in Council may establish peni-
tentiaries........................... * * * * * * * * * * * * * 2204
Inquests...... • ſº e a e a e s a s tº a s a .......................... 2220
Insane convicts.................. 2220
Discharge if sane............................... 2221
Insane when term expires................... 222 1
Kingston penitentiary insane ward ...... 2220
Lieutenant Governor may order remov-
all of............................................ 222 l
Further power of Lieut. Governor..... 2221
Ontario—Provisions in........................ 2221
Provision if Lieut.-Gov. (Ontario) does
not provide for removal. .................. 2221
Question of sanity how decided............ 2222
Report in order to removal of............. . 22.21
Silne—Becoming...... tº e e º 'º e e º e s e e º e o e º a e s is º 6 s e tº 2221
Surgeons to report cases of................. . 2220
Inspector............................................ . 2205
Annylal report of, to Minister of Justice,
what to contain....................... . . . . . . . 2206
Appointment of.................... .............. 2205
Duties of............................... ............ 2205
Officers to furnish information to ......... 2206
Special reports by, as to improvements
and repairs................................... 220T
Copy of, to Minister of Public Works. 2207
Certified copy of sentence................... 2212
To be a Justice of the Peace. ............... 2205
GENERAL INDEX. 93
The figures denote the pages which are numbered at the bottom.
PENITENTIARY ACT –Continued. . | PENITENTIARY ACT-Continued.
To keep minutes and transmit copy to | Provinces for which the penitentiaries
Minister...…........…....................... 2205 are established respectively.............. 2204
To make an annual report to Minister of Real property, how wested and managed. 2211
Justice. .......................................... 2206 Receipt of convicts. See Conveyance, &c. 2212
To make rules and regulátions, &c., Reformatory prisons. See Transfer of
subject to the approval of the Gover- | juvenile offenders, &c....................... 2214
nor.in Council............ … tº s e º a tº º 2206 Removal of convicts. See Conveyance,
Investigations—Examinations and......... 2207 &c...................................... .s w = * * * * * * * * * 2212
Juvenile offenders – See Transfer of Juve- Salaries. See Schedule.................. 2222, 2223
nile offenders, &c............................ 2214 | Shortening of sentence...................2216, 2217
Liquors................................ . 22.18 Special reports—Minister of Justice may -
Penalty for providing......................... 2219 cause, to be made............. ... . . . . . . . . . . . . . 229'ſ
Prohibited..................... ... • e º a tº e º sº e s tº e s e e º 'º e º e 2218 Streets, roads, &c., when to be a part of a
Exception....................................... 2218 penitentiary.................................... 2204
Minister of Justice –Penitentiaries, &c., Talking by convicts not allowed ............ 22:17
to be under control of ..................... 2203 Tobacco, &c., not allowed to convicts..... 2219
Monthly statement by warden and ac- Tram-roads may be made...................... 2205
Countant ........... e s a & " - e º e º 'º e º tº e s e º e º s 6 & e 4 & 4 ... 2211 Transfer of juvenile offenders from and to
Notice to municipality for construction reformatory prisons.......................... 2214
of tram ways, &c............................ 2205 |. How such offenders are to be dealt with 2214
Oath of storekeeper............................... 2212 Incorrigible juvenile offenders may be
Oath of warden and accountant ........... ... 221 1 removed from reformatory prison to
Oaths—Who may administer.............• . . . . 2212 penitentiary .................................... 2314
Offences and penalties.......................... 2217 Offenders may be transferred from peni-
Assaulting officers........................ ...... 2217 tentiary to reformatory prison by war-
Bringing money, Spirits, tobacco, let- rant of Governor General ................ 22 15
ters, &c., to convicts..................... 2218 Treatment of convicts........................... 2215
Penalty for...................................... 22 18 Bedding............................................. 2215
Corporal punishment........................... 2217 Clothing ................... ........................ 22 15
Investigation before........................ 2217 Convict labor..............................22 15, 2216
Limitation as to.............................. 2.218 Food............................... .................. 2215
Surgical certificate, &c..................... 2217 General rules............. ........................ 22 15
Fines for neglect of duty——Warden may - Labor of convicts not to let out............ 2216
impose ........................................ 2209 | Solitary confinement, when................. 2215
Ynspector to make list of prison offences 2217 Trespasses on grounds ......................... 2218
Inspector to make rules for discipline Mooring vessels, &c............................ 2218
and correction............................ ... 2217 Penalty .......................................... 2218
List of offences to be posted up............ 2217 Punishment....................................... 2218
Talking not allowed........................... 2217 Subsequent offence................. ... 2218
Pay of officer while suspended ............... 2209 Visitors–Privileged.............................. 2212
Penal cells............................................ 2216 Warden and other officers ..................... 2208
Penalties—Offences and........................ 2217 | Appointment of, for each penitentiary. 2208
Penitentiaries enumerated, &c............... 2203 Bonds and sureties of office.................. 2203
British Columbia, Penitentiary............. 2203 Chief keeper may act in absence of war-
l) orchester Penitentiary...................... 2203 den and deputy............................... 2209
Kingston Penitentiary........................ 2203 Deputy warden — Chief keeper may act
Manitoba, Penitentiary........................ 2203 in absence of, &c,............................ 2209
St. Vincent de Paul Penitentiary......... 2203 Form of oath of office.......................... 22 10
Penitentiaries may be established by Who may administer oath................ 22 10
Governor in Council........................ 2204 Inspector may suspend....................... 2208
Prisoners' effects................. • * * * * * * * e s e º e º e º 'º - 2219 Minister of Justice may appoint certain
May be sold if convict desires.............. 2220 officers......... ............. . . . . . . . . . . . . . . . . . . . . . 2208
To be kept, &c., when................. . . . . . . . 2220 Not to buy from or sell to convicts, &c. 2210
Privileged visitors................................. 2212 Not to exercise any other calling......... 22 10
Proclamation of penitentiaries, &c., in Exceptions. .............. . . . . . . . . . . . . . . . •º e s tº e º e 2210
the Canada Gazette.......................... 2203 Oaths of allegiance and office. ............. 2209
GENERAL INDEX,
–---------- - - - - - -
The figures denote the pages which are numbered at the bottom.
* -------
PENITENTIARY ACT-Concluded:
Pay of, to be established by Governor
in Council...................... ................
Penalty for acting as contractor.......... 2210 |
PETITION OF RIGHT ACT-Concluded.
............ 1786
1786
Judgment by default................
Setting aside on terms .......• * * * * * * * * * * * * * * * .*
Judgment for suppliant–Effect of......... 1787
Judgment or order to be certified to the
Minister of Finance, &c................... 1787.
Form of certificate. See Schedule D.... 1790
Notice to parties interested................... 1786
Form of. See Schedule C.................... 1789
Payment by Minister of Finance ............ 1787
Petition to be endorsed. ........................ 1785
Form of endorsement. Schedule B...... 1789
Petition to be submitted to Gov. General -
for his fat................................. • * * * * * 1785.
Prerogative of Her Majesty not to be -
affected by this Act.......................... 1788
Proceedings may be taken as before pass-
ing of this Act..................... . . . 1788
Remedies limited to those in force in
England prior to 23–24 Vic.., c. 34. . . . 1788
Rules—-Judges of Supreme Court may
Removal may be recommended........ ...
Warden may appoint certain officers
and suspend them............................ 2208
Warden to be a corporation sole. ......... 2210
How to be 'styled............................. 2210
Warden-Powers and duties of.............. 2209
Absence of— Deputy may act in........... 2209
May appoint certarm officers. ............... 2208
May dismiss certain officers............... ... 2208
May impose fines, &c........................... 2209
May suspend certain officers................ 2208
Residence of and allowances for.......... 2209
warden to collect debts due to peniten-
22 ll
tiary ..............................................
What shall be included as part of a peni-
tentiary.......................................... 2204
PERJURY—An Act respecting................. 1863
All evidence material With respect to...... 1864
Imprisonment for 14 years. ................... 1863
Judge may direct prosecution of person
appearing to be guilty of perjury be-
fore him....... ................... ............... 1864
Commitment of such person or admis-
sion to bail............. ........................ 1864
Making false affidavit out of Province in
which it is to be used...................... 1864
Misdemeanor—Person committing per-
jury, guilty of................................. 1863
Oath, &c.—False statement upon. .......... 1863
Perjury at common law not affected by
this Act.......................................... 1863
Punishment for....... . . . . . . . . . . . .................. 1863
Who guilty of....................................... 1863
PERSON.—Offences against the ................ 1887
PETITION OF RIGHT ACT ........ ..........., 1785
Arbitration —This Act not to include
Imatters referred to........................... 1789
Copy of petition, &c., to be left at the office
of the Attorney General of Canada... 1785
Costs and the recovery thereof............... 1787
Costs to the Crown–Payment of.... ...... 1787
Defence—Time for filing statement in .... 1785
English rules to apply in default of rules
under this Act................................ 1788
Evidence how taken.............................. 1786
Fiat of Gov. General to be obtained....... 1785
Filed—When and how to be................... 1785
Form of judgment................................. 1786
Form of petition.................................... 1785
See Schedule, Form A......................... I 789
Interpretation “Court,” “Judge,” “Re-
lief "................................................. 1785
make.............................................. 1788
Schedule................. .............................. 1789
Certificate of judgmentor order. Form D 1790
Endorsement on petition. Form B........ 1789
Notice to parties. Form C.................. 1789
Petition of right. Form A.................. 1789
Service on parties affected, how made... 1786
Short title............................................ 1785
Statement of defence or demurrer— -
Issues raised by................. .............. 1786
“Supreme and Exchequer Court Acts”
—Provisions of, to apply.................. 1788
Trial Where to take place. ..................... 1786
PETROLEUIM INSPECTION ACT ........... 1345
Assuming title or office of inspector....... 1353
Branding high test petroleum................. 1346
Complaint, by whom heard ................... 1353
Costs, if plaintiff fails........................... 1353
Directions for applying the flashing test
(Schedule)...................................... 1356
Disputes, how settled............................ 1350
Enforcement of forfeitures..................... 1353
Fees for inspection................................ 1350
How recoverable................................. 1351
When payable......................... ........... 1351
Flashing test—Directions for applying.... 1356
High test petroleum—Sale of........ . . . . . . . . . . 1346
Imprisonment if penalty not paid.......... 1353
Inspection..…............................... 1347
After being put in packages................. 1349
Duty of inspecting officers.................. 1347
Fees for Subsequent inspection............
Forfeiture for sale without inspection... 1348
Imported petroleum and naphtha ......... 1349
Issues tried by judge without jury ......... 1786
Marking packages.............................. 1349
... • GENERAL INDEX. : 95.
The figures denote the pages which are numbered at the bottom.
PETROLEUM INSPECTION ACT-Concluded.
Storage, &c.—Gov. in Council may make
regulations in reference to................ 1354
Test apparatus or pyrometer............. ..., 1354
Tests of petroleum intended for sale........ 1346.
PIERS. See Harbors, Piers, &c............. .... 1215
PILOTAGE ACT.............:....................... 1164
Absence of commissioner—Effect of........ 1165,
Annual returns, what to contain............ 1169.
Appeal in Quebec................................. 1183.
Application of Act............................... 1162
Apprentices—Quebec.............. .......1169, 1170.
Boats, &c........................ ... 1184, 1185.
By-laws–Confirmation of ..................... 1168.
ing....................... • . . . . . . . . . . . . . . . . . . . . . . . . . 1347
No other mark, &c.............................. 1348
Number of packages, how inspected..... 1349
Officers, &c........................................ 1348
Packages for export,.......................... 1348
Quantity and quality to be ascertained. 1347
Removal of petroleum without............ 1348 ||
Responsibility of reſimer, &c................ 1348 |
Inspection fees.............'• • * * * * * * * * * * * * * * * * * * * * * *, 1350
Inspectors—Powers of, to enter refineries, g
&c.................................................. 1350
Instruments which are certified to be
used............................................... 1350
Interpretation ..................................... 1345
“Departmental regulations ".............. 1346
“Fire test '' or “burning ''............... 1345
“Flash test '' or “flash ''............ … 1345.
“Inspector' or “inspecting officer "... 1346
“Naphtha "....................................... 1345 |
“Package”....................................... 1345
“Specific gravity "............................ 1345
Limitation of suits for things done under
£ . this Act.......................................... 1353
Marks on casks emptied to be obliterated. 1352
Penalty for contravention................... 1353
Marks on packages................................... 1347
Mode of testing petroleum so as to ascer-
tain the temperature at which it will
give off inflammable vapor............... 1354
Naphthal—Sale of................................. 1346
Packages—Marks on............................. 1347
Penalties ..................................... . . . . . . . . 1351
Emptying packages, &c...................... 1352
Giving false certificate........................ 1352
Keeping or storing, unlawfully............. 1352
Keeping petroleum or naphtha, in un-
marked packages.......................... 1351
Marks and brands............................... 1352
Altering, &c..... .............................. 1352
Counterfeiting................................ . 1352
Hiring or lending............................. 1352
Improperly using.......... tº e s & e º 'º & tº e s & tº e s is s º tº 1352
Marks—Infringement as to.................. 1351
Amount of penalty in such case........ 1351
Penalty, how disposed of........................ 1353
Pyrometer........................................... 1354
Recovery of penalties........................... I353
Regulations respecting storage, &c........ 1354
Sale—Provisions as to........................... 1346
Schedule—“Mode of testing, &c.”......... 1354
Seizure of petroleum not standing flash
test ................................................ 1351
Short title........................ • - - - - - - - - - - - - - - - - - - - - 1345
Specification of the test apparatus or
Commissioners incorporated........ ... • e = e s e e s a 1163.
‘. . Compulsory payment of dues................ 1177.
Districts where payable...................... 1177
Exemptions..........., , , , s , s = • * * * * * * * * * * * * * * * * * * * * * 117 I
Ships, when specially exempted .......... 1177
To Whom payable............................... 1177
Confirmation of by-laws....................... | 168.
Corporation of pilots, &c.—Quebec........ 1187
Chairman of....................................... 1187
One director to be always on duty........ 1188.
Payment of directors and masters......... 1188.
Penalty on master of schooner for ne-
glect ...................... a s is e º a s * e º e s s e º e s w s e s e e s s a s 118'ſ
Powers of directors............................ 1187
Demanding more than legal dues .......... 1184
Dues.......... * . 1175.
And See Compulsory Payment, &c....... 1177
Employment of pilots........................... 1177
Evidence, what deemed sufficient........... 1183.
Exempted ships from compulsory pay-
ment of dues................................... 1177
Belonging to Her Majesty.......… | 177
Certain ships under 250 tons................ 1178.
Employed in H.M. Service................... 1177
River St. Lawrence excepted............... 1178
Ships of not more than 80 tons............. 1178
Ships with certificated master.............. II 78
Steam-ships trading from port to port... 1177
Exceptions—Halifax, &c.................. 1] 7T
Exempted ships, when liable to pay pilot-
age dues...............................….... 1178.
Existing authorities continued............... 1169,
Existing by-laws, &c., continued........ ... 1169,
Filling vacancies—Mode of............... . . . . . . 1163
Flag—Pilot.......................................... 1185.
Fund—Pilot.......................................... | | Sã,
General powers........................... 1166 to 1 168
Halifax Pilot Commissioners.................. 1162
How constituted....................... … | | 6:
Incorporated body.............................. 116%
Vacancies, how filled ......................... 1163.
Halifax–Pilotage district of.................. | 162.
pyrometer (Schedule).............. , $ & 3 tº e º e º & ºt
Harbor masters—Pilots not to be........... | | T 4.
1354
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
PILOTAGE AGE–Continued.
Incorporation of commissioners.............
Interpretation........................... * c s e º e º e º e s
“Boat ".............................................
“License”......................... * * * * * * * * * * * * * * * * -
“Licensed pilot ”........ • * * * * * * * * * * • * * * * * * * * * * *
- “Master”...........…. • s e s tº e s tº
“Minister”.......................................
“‘Montreal Harbor Commissioners ”.....
“Pilot’’................... ........................
“Pilot boat”........................... “.......
“Pilot fund''.....................................
“Pilotage authority ‘’........................
“Pilotage dues "................................
“Quebec Harbor Commissioners ”.......
* Ship ’’........... tº e º 'º e º ſº e º e g º º º e º 'º ...........…
... “Ships belonging to Her Majesty''......
Ynvestigations................‘. . . . . . . . . . . . . . . . . . . . .
Pilotage authorities may examine wit-
ness, &c., on oath......... • . . . . . . . . . . . . . . .
Pilots above Quebec ...... .................... a
Inward bound ships.........................
Outward bound ships............ • * > . . . . . . .
Pilots below Quebec...........................
Inward bound ships.........................
Outward bound ships.......................
Liability of pilots to damages, &c..........
License to pilot—Form of......................
Licensing of masters and mates..............
'Application of fees.......... ſº e º se e s tº tº is is e º s º a s a e e
Certificate—Form of...........................
Examination for.................................
Fees, payable for certificate.................
Pilotage certificate..............................
Renewal of certificates.......................
Withdrawal of certificates...................
Licensing of pilot boats .................. 1184,
Licensing of pilots........ & e e s e s s a w w e º º & g º e º ºs e º ºs t
Aged 65 to deliver up license ..............
Contents, &c., of license.....................
Copies of this Act, of tariff and by-laws
to be furnished. ..............................
Existing licenses continued.................
Fees on renewal of license...................
Forfeiture by non-user........................
License to be produced........... . …
License, when to be delivered up.........
Penalty for default .........................
Limit of license in certain cases..........
Form of such license........................
I,ists of pilots to be transmitted to Col-
lector of Customs.........................
To be posted at custom houses... ......
Names and addresses of pilots to be pub-
lished............. ..............................
Registers to be kept at certain places. .
. 1172
1173
PILOTAGE ACT-Continued.
Limitation of suits and prosecutions....... 1190
Master, &c., to hoist white flag. ............ 1178
Penalty for contravention. ................. , 1178
Master of exempted ship—Powers and
duties of ..................................... • es 118)
Masters and mates—Licensing of.......... 1181
Misdemeanor—What offence constitutes. 1183
Misrepresentation—Penalty for ............ 1184
Montreal Decayed Pilots' Fund............. | 185
Montreal Harbor Commissioners............ II 62
Montreal pilot authority—Powers of...... 1168
Montreal—Pilotage district of........... ... 1162
Names and addresses of pilots to be pub-
lished ........ ..... 's e s tº e s a e s e e º & a s e s e e s w e º e s e o e s a a 1 172
No exemption from dues, when .............. 1180
Non-exempted ship arriving where pay- -
ment of dues is compulsory * * e s s ſº tº t e g : e s a ge 1179
Application of sums payable............... | 180
Pilotage dues, when payable............... 1179
{ { “ to whom payable ......... 1179
Signal to be displayed ........................ 1179
Offences by pilots.......................... ....... 1182
Penalties under by-laws and their re-
covery......... “ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1168
Recovery and application of................ 1189
Penalty for endangering ship or life or
limb. ........................... ... • * * * * * * * * * * * . . . . . . I 183
Penalty for falsely displaying pilot flag
or lights. ........................................ 1185
Penalty for misuse of signals.................. 1180
Pilot boats, decked—Characteristics of... 1184
Responsibility of master of........ & © tº e º e s e e is I l84.
Pilot boats—Licensing of....................... 1184
Pilot boats, open—Characteristics of ...... 1 185
Responsibility of masters of ............... 1185
Pilot flag, how to be displayed............... I l85 .
Penalties for default.......................... . I 185
Pilot fund.................. ...................... ... 1185
Application of.................................... 1187
Contributions to Montreal Decayed
Pilots' Fund ......... ......................... 1185.
Contributions to the pilot fund at -
Quebec .................. ........................ I 186
Corporation of pilots, Quebec.............. 1186
Decayed pilot fund, transferred, &c.. ... 1186
Investment of surplus funds. ........ & e s s a g a 1187
Penalty for false account, &c.............. 1186
Pilotage authorities—Powers of... 1166 to 1168
Pilotage authority.......................... ...... 1162
Pilotage certificate—Form of. .......... ~ | 191
Pilotage districts—Limits of, &c............ 1165
Pilotage dues....................................... 1175
Consignee, &c.—Reimbursement of...... 1175
No clearance until payment of............. 1176
Penalty for false declaration ............... 1176
Withdrawal of licenses—Quebec
For falsifying marks on ship ............ 1176
* * * * * * * * * *
1172 .
GENERAL INDEX.
97
The figures denote the pages which are numbered at the bottom.
PILOTAGE ACT-Continued.
Recovery of ...... $ e s • * * * * * * * * * * * * * * * * * * * * * * * * * * * * | 176
Settlement, as to draught of ship......... . 1176
Who liable to pay............................... II 75
Pilots—Licensing of.............................. 1170
Pilots, not to be harbor masters. ............ 1174 |
Pilots—Offences of .............................., 1182
Power of pilotage authorities. ...... 1166 to 1168
Quebec—Apprentices..................... 1169, 1170
Number of pilots to be reduced............ 1170
Quebec Harbor Commissioners,..... . 1168, 1169
This Act—Provisions of, to................. 1169
Quebec—Pilotage district of.................. 1162
Withdrawal of license for.................... 1172
Quebec—Substitution of fine for suspen-
sion in ......................... .................. 1183.
Recovery, &c., of penalties.................... I 189
Civil action....................................... 1189
Court having jurisdiction................... 1189
Crown—At the Suit of the................... Il 89
Penalties—Application of................... 1189
Quebec Harbor Commissioners ............ 1189
Registers to be kept.............................. 1173
Renewal of licenses............................... 1172
Returns by pilotage authorities............. 1169
Rights of pilots generally...................... 1173
Allowances to pilots.......................... ... 1173
Damage, &c.—Deduction of................ 1174
Pensions, &c........................... • * * * * * * * * * * * s e 1173
When pilot may quit ship.................... 1174
Widows and children of pilots............. J 173
Rights of pilots in pilotage districts in
which the payment of dues is com-
pulsory........................................... 1174
Occasions on which unlicensed persons
may act as pilots............................. 1174
Penalty for moving a ship at Quebec,
without a pilot................................ 1175
Penalty on unlicensed persons, acting
as pilots......................................... 1174
Penalty on unlicensed pilot continuing
in charge, after arrival of licensed pilot 1175
Power of licensed pilot, to supersede
unlicensed pilot.............................. 1175
When licensed pilot shall be entitled
to pilotage, for leading.................... 1174
Schedules—
Form of license to pilot...................... ] 190
“ pilotage certificate ................ 1 19]
Secretary-treasurer—How appointed..... 1165
Short title ................... ........................ 116]
Signals to be displayed by ships requiring
pilots, &c........................................ 1180
St. John Pilot Commissioners................ | 164
How constituted................................. 1164
Incorporated body.............................. 1165
Vacancies, how filled.......................... 1164
Pll OTAGE ACT-Comcluded.
Substitution of fine for suspension in
Quebec........................................... 11.83
Vacancies—Mode of filling.............. ... ... 1163
White flag. See Section 60 ........ q e º e º e º e º e is 11.78
Withdrawal of license—Quebec............. 1172
POLICE. See North-West Mounted Police. 693
POLICE OF CANADA—An Act respect-
ing the ........................................... 2243
Application of penalties........................ 2244
Commissioner of Police........................ 2243
Duties of commissioner.......................... 2244
Penalty for misconduct by police con-
stables ............................................ 2244
Police constables.......... ........................ 2243
Duties and powers.............................. 2243
Powers of the commissioners in carrying
out the laws of Canada ................... 2243
Property qualification, &c., not required
by commissioner................................. 2244
Regulations, pay and annual account to
Parliament...................................... 2244
POLICE — River. See Harbor and River
Police of the Province of Quebec...... 1235
POOL-SELLING. See Lotteries, &c......... 1879
PORK–Inspection of See General Inspec-
tion Act.......................... ...... ......... 1302.
PORT AND HARBOR DUES—Exemption
of transports from. See Exemption of
Transports, &c.................... ............ 1233
PORT WARDENS-An Act respecting...... 1219
Annual return of................................... 1219
Appointment of.................................... J.219
Auctioneer— -
Duty of, in selling condemned property 1222
Notice and time of sale to be given...... 1222
Penalty for violation........................... 1223
Statement to be filed........................... 1222
Board of trade. See Disputes, &c...... ... 1223
Cause of damage to be ascertained......... 1220
Certificate of, to be evidence................. 1224
Certificate required before clearing......... l222
Certificates of Surveys.......................... 1221
Chamber of commerce. See Disputes, &c. 1223
Copies of documents to be furnished by... 1224
Copies of Pharbor regulations to be fur-
nished............................................. 1224
Damage—Duty of, as to........................ 1221
Damage—Memorandum of..................... 1220
Deputies............. ................................. 1219
Disputes, &c.—Arbitration of, by.......... . 1223
Disputes with, how settled.................... 1223
Costs—Limit of, in Such case............... 1223
Duties and powers of............................. 1220
Examination of cargo by...................... 1220
Fees......... .................. … 1224
Entry of, in books.................. e s - © e º e e e s e º 1219
G.
98 - - GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
PORT WARDENS-Concluded. | POST OFFICE ACT-Continued.
Hearing and settling disputes.............. 1225 May apply for order to compel person
How established........................... .e. t e º º & 1224 to come before them...................... 525
Rates may be altered, how.................. J.225 Order and effect of........................... 525,
Survey of damaged goods, &c.............. 1225 Powers of, over investigation of-
Valuation and inspection of vessel....... I225 Complaints...... ...... ........................ 524.
Governor in Council may assign addi- Loss of letters ................................. 524.
tional duties to................................ 1224 Misconduct...................................... 524.
Grain in bulk—, Mismanagement ......... tº e º 'º e º 'º e º 'º - e º e º 'º e º e Q 524
Duty of master loading vessel with...... 1221 See also Inspectors, &c........................ 524.
Duty of port warden in such case ......... 1221 Cities—Delivery in. See Branch offices, &c. 531
Penalty for violation........................... 1221 Contraband goods—Letters containing... 533.
Grain—Wessel wholly or partly laden with 1221 Detention of, on examination................ 534
Clearance, when to be refused............. 1222 {{ “ suspicion ................... 533
Duty of master ......................... ......... 1221 Examination of................................... 534
“ Port warden ...... ...... ............ 1221 Prosecution of offender........................ 534
Penalty for violation........................... 1222 Contracts and contractors—Mail............ 537
Improper stowage—Evidence of............ 1220 Abstracts of tenders to be recorded...... 538
Inspection of books of........................... 1220 Additional compensation limited.......... 539,
Interpretation ..................................... 1219 Contracts not to be made with persons
“Board of trade '.............................. 12.19 who have combined to keep back
“Chamber of commerce ’’.................. 1219 tenders........................................... 538
“Harbor ’’......... .............................. 1219 Contracts under $200.......................... 538
Lloyd's—Regulations of, to govern......... 1224 Extra allowance limited...................... 539.
Notice to be given by, before proceeding. 1223 Four years—Limit of contract to.......... 539.
Office, Seal and books of........................ 1219 Lowest bidder, &c., to be awarded con-
Penalties—Recovery and application of... 1225 tract unless for cause ....................... 537.
Ports excepted from this Act.................. 1225 Lowest offer may be refused, when....... 537
Ports to be determined by Governor in Originals to be preserved..................... 539.
Council......... ............. • * * * * * * * * * * * * * * * * * * 1219 Penalty for not giving security............ 538
Sale of goods, vessels, &c., not to take How recoverable.............................. 538
place without survey........................ 1223 Postmaster may be contractor.............. 537
Seaworthy—To see that vessels are........ 1221 Proceedings on refusal of lowest offer... 537
Short title............................................. 1219 Railway—Carriage by, to be fixed by
Statement of damage by. ..................... 1220 Governor in Council........................ 539.
Survey, how made and recorded ............ 1220 Railway or steamboat companies—Com-
Survey, if bulk has been broken....... .* * * * ~ * 1220 tracts with ...................................... 538
Surveyor of damaged vessels, &c............ 1220 Temporary contracts........................... 539.
Valuing and measuring Wessels............... 1222 Tender to be accompanied by written
Vessel may be detained for want of cer- guarantee........................................ 537
tificate of clearance.......................... 1222 Tenders when required........................ 537
When port warden may initiate proceed- Dead letters, how dealt with.................. 533
ings............... ................................ 1223 | If containing money ........................... 533
POST OFFICE ACT ............................... 519 Delivery in cities. See Branch offices, &c. 531
Application of Acts respecting the col- Deputy Postmaster General, &c............. 521
lection and management of the reve- Exclusive privilege of Postmaster General 530
nue, &c., &c........................... § “” 520 And exceptions. .................................. 530
Assistant post office inspectors............... 524 Collect, convey and deliver letters in
Books, pamphlets, &c.—Postage on........ 528 Canada......... ................................. 530.
Branch offices and delivery in cities ........ 531 Exceptions......................................... 530
Branch post offices—Establishment and By private vessels.................... ....... 530.
regulation of ................................... 531 Commissions, writs, &c.................... 530.
Carriage of U. S. mails through Canada. 534 Letters, by common carriers.............. 530
Chief inspectors.................. * * * * * * * * * * * * * * * * * * 524. ‘‘ by private individuals.......... 53
Appointment of.................................. 524 “ With goods, &c.................... 530
Authority of ..................................... 524 Messenger on private affairs............., 530.
Powers of generally........................... 524 Posted on arrival, &c....................... 530.
GENERAL INDEX. - - 99
The figures denote the pages which are numbered at the bottom.
POST OFFICE ACT-Continued.
Proviso ......... ............................. ... 531
Seizure of letters conveyed in violation
of this Act.............................. tº tº & ºn e º 'º e & 531
Ferries—Tolls and................................. 534
Franking and free mail matter............... 532
Books from parliamentary library......... 532
Clerk of House of Commons................. 532
“ Senate.................................. 532
Departments of the Governments......... 532
Governor General .............................. 532
Limited to places in Canada................ 532
Members of either House during session. 532
Parliamentary papers.......................... 532
Petition to local legislatures................ 533
Post office letters ................ . . . . . . . . . . . . . . . . 532
Speaker of House of Commons............. 532
( { Senate............................... 532
Free mail matter. See Franking, &c,..... 532
Inspectors—Post office.......................... 524
Administration of oath by................... 525
Duties of.................... ....................... 524
Examination under oath by ................ , 525
Form of oath ...................................... 526
Penalty for refusing to appear or to
give evidence before........................ 525
Powers of ................................... * g g g g tº e 524
To have powers of chief inspector, when 525
See also Chief inspectors................ ... 524
Interpretation ..................................... 519
“Between "................ ...................... 520
“British packet postage "......... ......... 519
“British postage ’’......... .......... ......... 519
“Canada postage '’......... .................. 519
“Employed in the Canada Post Office ’’ 519
“Foreign country ''........................... 519
“Letter”.......................................... 519
“Mail "..................... • * * * * * * * * * * * * g e º e º e º e s tº a 519
‘‘ Mºailable matter ’’................. dº e s s is tº $ & ſº & 520
“Post letter ’’.................................... 519
“Post letter bag ’’.............................. 520
“Post office ’’..................... ............... 520
“Postage "............... ........................ 519
“Valuable security ''......................... 520
Letter carriers, &c......... ....................... 531
Letters containing contraband goods. .... 533
Letters, &c.—Postage on ....................... 526
Letters, &c.—Stealing ..................... 544, 546
Mail contracts and contractors........ § 4 is e º e º 537
Mailable matter not liable to seizure....... 533
Property, in whom...................... ....... 533
Stealing, &c.................... .................. 546
Money orders ....................................... 522
Newspapers, &c.—Postage on............... 527
No allowance to clerks, &c., for extra Ser-
vice........ a s , e. e. e. e. a e s e s = e s t e is a se e s is e e s e e s a s tº e s e º 'º . 521
Offences and penalties......................... ... 544
POST OFFICE ACT-Continued.
Abandoning or obstructing mail........... 547
Being drunk on duty, &c. .................... 547
Cutting, &c., post letter bag ............... 54.7
Detaining, &c., mail at ferry ............... 547
Embezzlement by officials............ ........ 548
Enclosing explosive substance in matter
sent by post.................................... 546
Enclosing letter in other mailable mat-
ter........... * * * g e º 'º º is a º ºs º e º e º is ſº e g g g º e o e º g g g g g º e g tº 546
Felony........................ • * * * * * * * * g g g g g tº 544 et seq.
Ferry—Detaining mail at .................... 547
Forging money order or depositor’s
book............................................... 545
Forging postage stamp........................ 544
Hypothecating, &c., postage stamps..... 548
Immoral books, &c.—Posting............... 548
Issuing money orders before payment... 547
Letter boxes—Wilful injury of............... 549
License—Selling stamps, &c., without. 549
Misdemeanors............ ................. 545 et seg.
Mutilating official books, &c................ 547
Opening post letter bag.................. 544, 545
Placing the words “Post Office ’’ on a
house, &c., without authority........... 549
Postage stamps, &c.—Sale of............... 549
Punishment................................ 544 et seq.
Receiving stolen post letter, &c............ 544
Refusing to allow mail to pass through
toll-gate.......................................... 547
Removing postage stamp or mark
thereon........................................... 546
Sale of postage stamps, &c.................. 549
Stealing a post letter or post letter bag. 544
Stealing, &c., mail key or lock........... 545
Stealing, &c., mailable matter............. 546
Stealing from a post letter................... 544
Stealing parcel or its contents. ............ 544
Street letter box–Injuring.................. 5:19
Toll-gate—Refusing to allow mail to
pass through ................................... 547
Unlawfully issuing money orders......... 544
Unlawfully opening letter, &c.............. 545
Using postage stamp used before.......... 549
Wilfully contravening regulations........ 548
Wilfully destroying matter sent by mail
or parcel post.................................. 546
Officers—Protection of .......................... 553
{ { Security by. . ......................... 552
Other countries—Postage with............... 528.
Parcel post............................ ......... ...... 532.
Payment of postage....................... . . . . . . . 529.
Amount of postage ................ * g º e s tº º s º is tº & 529,
Change need not be given by postmas-
ter or letter carrier.................. . . . . . . . . 529.
Disposal of letters not prepaid............. 529.
Letters, &c., refused, &c..................... 529,
G}
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
POST OFFICE ACT-Comtémºted.
...~ * *-* - - -
Recovery of postage on unpaid mailable
matter........ * , s , e. e. e. e. e. e. e. e º a tº e s e e s - e < e < e s a & e º e g a tº 529
- Stamped letters for places outside of
Canada, &c..................................... 529
Penalties—Offences and....................... . 544
Post Office Department — Establishment
and location of......... ............... • * * * * * * 520
Post office inspectors and assistant post
office inspectors............................... 524
Post office money orders........................ 522
Post office Savings banks....................... 539
Postage. See Payment of postage ........ , 529
Postage. See Rates of postage.............. 526
Postmaster General—
Appointment of.............................. ... 521
Arrangements with postal authorities
out of Canada ...........* * * * * * * * * * * * * * * * & e º e e s e 522
Bonds in compliance with his orders,
&c., to be valid................................ 523
Decides questions as to periodicals, &c. 523
I)epartmental rules and orders............. 522
Effect of regulations........................... 523
General purposes ................................ 523
Mail contracts.................................... 521
Mailable matter.................................. 521
May make regulations as to mailable
matter ............................ * e a º e s & e < * 4 & e e s 521
May mark letters suspected to be circu-
lars respecting illegal lotteries......... 521
May prohibit the sending of explosives. 521
May restrict the weight and dimensions
of letters, &c. ................................. 521
Money orders, &c. ............................... 522
Penalties for contravention of regula-
tions .............................................. 523
Post office money orders...................... 522
Post offices and post routes. ................ 521
Postage and registration stamps. ......... 522
Postmasters and other officials............. 521
Rates on mailable matter, not otherwise
provided for.................................... 522
Publication, &c., of regulations. ......... 523
Refunding postage, &c........................ 522
Registration of letters......................... 522
Sale of stamps, &c.............................. 523
Street letter boxes.............................. 523
Suits for postage, &c........................... 523
POStºnasters................. * * * * * * * * * * * * e s = • a e e s e a e 535
Accountability of, how enforced.......... 536
Allowance, &c., of............................. 536
Appointment of.................................. 535
Penalty for delay in rendering accounts 536
Salaries of....... .............................. 536, 537
Security to be given by....................... 535
Privilege of Postmaster General............ 530
POST OFFICE ACT-Continued.
Compromise of action, &c................... 551
Evidence in actions against postmas-
ters, &c.................... * * * * * * * * * * * * * * * * * * * 551
In cases for penalty. ........................ 551
General allegation of employment. ...... 550
Penalties, how recoverable.................. 551
Property, used in the service may be
laid in Her Majesty......................... 550
Property, in mailable matter may be
laid in Her Majesty.......................... 550
Suits, &c., by Postmaster General to be
brought in his name of office............ 552
Value need not be alleged or proved..... 550
Venue in indictable offences................ 549
Property in mailable matter .................. 533
Protection of officers............................. 553
Rates of postage on—
Books, pamphlets, &c................... ..... 528
How to be put up......................... ... 528
Letters, &c., not to be enclosed........ 528
Prepayment of postage on................ 528
Letters................... ........................... 526
Prepayment obligatory, &c.............. 526
Exceptions.................................. 526
To commissioned officers, &c............ 527
To or from seamen or soldiers in H.M.
Service ........................................ 526
Local drop letters............................... 526
Mailable matter between Canada and
other country.................................. '528
Newspapers and periodicals direct from
office of publication—
Free, under what conditions............. 527
How to be put up............................ 527
Regulations may be made, &c. ......... 527
Remuneration of officers ....................... 52].
Reports of Postmaster General and what
to show .......................................... 542
Annually, to be made up to 30th of June
preceding ....................................... 542
Cost of money order system................. 543
Dead letters. ... .......... ..................... 543
General account current ..................... 542
Incidental expenditure in detail.......... 543
Loss, &c., of money letters. ................ 543
Losses under money order system......... 543
Money order offices ............................ 543
Payments for mail transport in detail .. 543
Salaries, &c., in detail........................ 543
Savings bank transactions.................. 543
Restitution of stolen property................ 526
Savings banks..................................... 539
Acknowledgment by Postmaster Gen-
eral. ......................... ..................... 540
Annual account to be laid befor Parlia-
Procedure—Criminal and civil.............. 549
ment.......... .................................... 542
GENERAL INDEX. - 101
The figures denote the pages which are numbered at the bottom.
POST OFFICE ACT-Concluded. PRESERVATION OF PEACE AT PUB-
Certificates of deposit bearing interest : LIC MEET1NGS-Ooncluded.
at 5 per cent, how issuſed............... 541 Of persons convicted of a battery near
How and when redeemable ............... 541 a meeting ....................................... 1858
Deposit money to be paid to and by Of persons lying in wait..................... 1858
Receiver General............................. 541 Refusing to surrender weapons............ 1857
Deposits to be entered in depositor's Time for actions limited ........................ 1858
book............. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 540 | PRESERVATION OF PEACE IN THE
Deposits to be repaid without unneces- VICINITY OF PUBLIC WORKS
sary delay......................…..…. ... 540 An Act respecting the..................... 1849
Effect of acknowledgment, &c............. 540 || Arms, &c. See Weapons....................... 1850
Establishment of................................. 539 || Cities are exempted from Act ................. 1850
Interest on deposits, 4 per cent............ 541 Commissioner deemed to be a justice of
When to become principal................ 541 the peace........................................ 1855
Minimum deposit, $1........................... 540 Declaring Act in force........................... 1849
Monthly returns to be published in Defect of form not to invalidate proceed-
Canada Gazette.......................…. 542 ings............…............................. 1855
Name, &c., of depositor not to be dis- Defendant and wife or husband competent
closed ............................................ 541 Witnesses ...... ................................. 1855
Post Office Savings Bank Account........ 541 Disposal of forfeited weapons................. 1851
Postmasters to receive and repay de- General issue..............................…. 1856
posits ............................................. 540 General provisions................................ 1855
Regulations may be made, &c.............. 542 Interpretation...................................... 1849
Seizure—Moneys not liable to.............. 540 “Commission ”................................. 1849
Security by officers........................ . ...... 552 “District, county or place ’’............... 1849
Ship letters—Conveyance of .................. 530 “Intoxicating liquor ’’........................ 1849
Short title ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 519 “Public work "................................. 1849
Stealing letters, &c...........................544, 546 “This Act "...................................... 1849
Stolen property—Restitution of ............. 526 “Weapon "....................................... 1849
“The Customs Act ’’—Provisions of, to Intoxicating liquor................................ 1852
apply to officers, &c., under this Act. 553 Agent, &c., to be liable to same penalty
Tolls and ferries........... ........... ... … 534 || as principal..................................... 1852
Mail not to be delayed by... ................. 534 Evidence of precise description of liquor
Mails when exempt from tolls and dues. 534 not necessary................................ 1854.
Obligations of ferrymen...................... 534 Nor of personal knowledge of sale..... 1855
United States—Mails of, sent through , Forfeiture and destruction of............... 1854.
Canada on Canadian railways to be If owner is unknown........................... 1854
deemed Her Majesty’s mails, &c.... 534, 535 Seizure to be advertised before liquor
As regards punishment of offences....... 535 is destroyed .................. ............... 1854.
Property in such mails how to be des- Money paid or consideration given for
cribed in case of indictments ............ 535 liquor sold contrary to Act may be
POST OFFICE MONEY ORDERS. See recovered...........~~~~ 1854.
Post Office Act................................ 522 | No action to lie for or on account of
POST OFFICE SAVINGS BANES. See liquor prohibited, &c........................ 1854
Post Office Act....... ........................ 539 Possession of, for sale, prohibited......... 1852
POSTAL SERVICE. See Post Office Act. 519 Exception....................................... 1852
POSTMASTER GENERAL – Powers of. Penalty for contravention................. 1852
See Post Office Act.......................... 521 Sale of, prohibited by proclamation...... 1852
PRESERVATION OF PEACE AT PUB- Search for and seizure of, on information
LIC MEETINGS-An Act respecting and Warrant................... . . . . . . . . . . . . . . 1853
the................................................. 1857 Attestation of destruction ............... 1853
Conviction not to prevent disarming...... 1857 Liquor to be forfeited and destroyed. 1853
Justices of the peace may disarm persons Owner, &c., may be convicted at once 1853
attending a meeting........................ 1857 Owner to be summoned.......... * * * * * * * e s a 1853
No liability in case of accidental loss...... I857 Search, where there is no shop or bar. 1853
Punishment of persons approaching a Seized liquor to be kept securely....... 1853
meeting armed................................ 1858 When liquor may be delivered to owner. 1854
102
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
PRESERVATION OF PEACE IN THE VI-
CINITY OF PUBLIC WORKS-Concluded.
Judicial notice of proclamation.............. 1850
Justices of the peace—Acts relating to,
to apply............ ................ .* * * * * e e º e º e º e e 1855
Limitation of time for actions, &c.......... 1855
Monthly returns to be made. .................. 1852
Non-suit, &c....................... . • . . . . . . • * g º e º e º 'º 1856
Pleading, &c......................................... 1856
Procedure and powers of the commission-
er or justice .................................. ... 1855
Proclamation....................................... 1849
Restitution, when Act ceases to be in force 1852
Revocation and renewal of proclamation 1850
Search warrant may be issued................ 1851
Forfeiture of weapon found................. 1851
Right of entry for search..................... 1851
Venue, &c............. . ............................ 1855
Weapons ............................................. 1850
Delivery of, to commissioner................ 1850
Disposal of............. ........................... 1851
Forfeiture of... .................................... 1851
Persons unlawfully carrying, may be
arrested and committed.................. ... 1851
Punishment for keeping....................... 1850
For unlawfully concealing............... 1850
Search warrant may be issued............. 1851
Seizure, if not delivered...................... 1850
PREVENTION OF ACCIDENTS ON
BOARD SHIPS, &c. See Safety of
Ships, &c,....................................... 11 11
PRISONS. See Penitentiary Act.............. 2203
And See Public and Reformatory
Prisons ........ ......... ..................... 2225
PRIVATE SECRETARIES. See Civil Ser-
Vice Act.......................................... 214
PRIZE FIGHTING—An Act respecting...... 1859
Aiders and abettors ........ & e s - e º 'º e e e s e e s e e º e s e a l859
Challenging or preparing for.................. 1859
Interpretation—“Prize fight''............. 1859
Judges, who are to have powers of jus-
tices of the peace, in dealing with
offences.......................................... 1861
Leaving Canada to engage in ............... 1859
Proceedings, when fight about to take
place ............................................. 1860
Arrest ............................... ............... 1860
Commitment ..................................... 1860
Recognizance .................................... 1860
Punishment ............................ ............ 1859
Quarrel or dispute only, when not an
offence against this Act ................... 1861
Sheriff may prevent by force.................. 1860
Witnesses—Who shall be competent...... 1860
PROCEDURE IN CRIMINAL CASES.
PROMISSORY NOTES. See Bills of Ex-
change, &c................. * * * * * * * * * * * * e º a e º e º a
PROPERTY OF SEAMEN IN THE NAVY.
See Seamen in the Navy, &c..............
PROTECTION OF NAVIGABLE W.A.-
TERS–An Act respecting the..........
Exemption by proclamation ..................
Existing rights and liabilities not im-
paired................................................
“Fisheries Act”—Application of..........
Fishery officers to enforce the provisions
of this Act regarding saw-mills, &c...
Interpretation—“Wessel,” “owner”....
Minister of Marine, &c., may cause sig-
nal and light to be placed, or obstruc-
tion to be removed............ * a • * * * * * * * s e º 'º a
Obstruction—Notice of, to be given....... ©
Owner, master or person in charge of
vessel, to give notice of obstruction
and maintain signal and light. .........
Penalty in default ..............................
Owner or master, &c., liable for costs
and expenses
Recovery of costs, &c., if proceeds of
sale of vessel insufficient..................
Sale of vessels to pay costs, &c., of ob-
struction .............. • * * * * * * * * * * * * * * * * * * * * * * * * *
Sawdust, &c., not to be thrown into
navigable streams ...........................
Saw-mills—owners, &c., of Restrictions
ll POIl . . . . . . . . . . . . . . tº e º 'º e º e º e º & we s tº e º e º a 6 s e º 'º e º e º 'º e º &
Signal and light to be placed, to indicate
obstruction .....................................
PROVINCES—Subsidies and allowances to.
PROVINCIAL COURTS. See Judges of, &c
PUBLIC AND REFORMATORY PRI-
SONS-An Act respecting...............
Discipline. See Improvement of prison
discipline
Employment of prisoners
Discipline of gaol to be observed .........
Lieut. Gov. may make regulations con-
cerning ..........................................
Outside of gaols—Employment of pri-
soners, how authorized.....................
Place of work, &c., to be deemed part
of gaol ...........................................
Regulations, how made
Supervision of prisoners .....................
Improvement of prison discipline..........
Application to any province, how to be
declared ............................ ............
Forfeiture of remission, when
Governor in Council may proclaim rules
for......... ......... ...............................
• s e º ºs e a e s - e. e. e. w s a e s e e s -
1649
1985
1239
1241
1240
1241
1241
1239
1239
1239
1239
1239
1240
1240
1240
1241
1241
1239
703
1797
See Criminal Procedure Act............. 2001
GENERAL INDEX.
103
The figures denote the pages which are numbered at the bottom.
PUBLIC AND REFORMATORY PRI-
SONS–Continued.
Prisoner may earn a remission of part
of sentence ..................................... 2227
Proclamation in Canada Gazette. ......... 2227
Record of daily conduct of each pri-
SO11&l' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2227
Insecure prisons........... * a s " " " - tº e º e º e º ſº e º 'º a g º º tº a 2225
Effect of proclamation......................... 2225
Lieutenant Governor may substitute a
neighboring goal for an insecure one. 2225
Place of trial of prisoners in substituted
goal, &c,......................................... 2226
Powers of court and judges................. 2226
Proclamation—Publication of.............. 2225
Proclamation, superseding that first is-
sued................ ............................... 2226.
Transfer of prisoners to substituted goal 2225
Interpretation............ ................ … 2225
“Lieutenant Governor ’’—
Meaning of........ ................................. 2225
TNova Scotia..................................... .... 2238
Halifax Industrial School..................... 2238
Boys to be educated and taught trades 2239
School to be open to inspection.......... 2239
Support of boys sentenced to............. 2238
Who may be sentenced to................. 2238
Halifax Reformatory School for boys of
the Roman Catholic Faith. ............ 2239
Boys to be educated and taught trades 2239
Contravention of conditions of ticket
of leave how dealt with................. 2240
Incorrigibles—Removal of................ 2240
Jurisdiction of police court, &c., ex-
tended............. ........................... 2240
License to be at large....................... 2240
Number of prisoners may be limited... 2239
Reformatory to be open to inspection. 2239
Regulations as to license.................. 2240
Removal of incorrigibles................... 2240
Revocation of license........................ 2240
Ticket of leave may be granted by
Minister of Justice........................ 2240
Who may be sentenced to................ 2239
Industrial school. See Halifax Indus-
trial School.................................... 2238
Jurisdiction of police court, &c., ex-
tended .................................. ......... 2240
Reformatory school for boys of the
Roman Catholic faith. See Halifax
Reformatory school, &c................... 2239
Roman Catholic faith — Halifax Re-
formatory school for boys of the........ 2239
School—Halifax Industrial.................. 2238
Ontario—Province of............................ 2228
Andrew Mercer Reformatory for Females 2231
PUBLIC AND REFORMATORY PRI-
SONS—Continued.
Term of imprisonment, &c................ 2232
Transfer although imprisonment is
for non-payment of fine............. 223L
Subsequent payment of fine. ......... 223L
Transfer of prisoners from, to common
gaol............................................. 2232
Transfer of prisoners to................... 2231
When females may be sentenced to... 2231
Application of parts of this Act to....... 2228
Apprenticeship of juvenile offenders. ... 2234
Boys—Reformatory for...................... 22:29
Central prison for the province of....... 2228
Employment outside the prison. ...... 2229
Imprisonment in.............................. 2228
Transfer although imprisonment is .
for non-payment of fine, &c. ...... 222
Subsequent payment of fine, &c. ... 2229
Transfer of prisoners from, to common
gaol............................................ . 2229
Transfer of prisoners to....... ........... 2228
Warden to receive and detain offen-
ders ............... ............. ............... 2229
Computation of time, &c..................... 2234
Delivery of offender to proper officer. ... 2232
Detention in goal till demanded by pro-
per authority................................... 2233
Discharge before expiration of term...... 2235
Discharge of apprentice on probation ... 2234
Females—Reformatory for. See Andrew
Mercer Reformatory......................... 223L
General provisions.............................. 2233
Girls—Industrial refuge for.................. 2232
Industrial refuge for girls............... .... 2232
Detention for purposes of reform. ...... 2233
Girls may be sentenced to, for certain
offences........................................ 2232
Offenders summarily convicted......... 2233
Term of imprisonment..................... , 2233
Interpretation “Court”...................... 2228
Re-commitment for violation of condi-
tions of discharge............................ 2235
Reformatory for boys........................... 2229
As to term of imprisonment.............. 2230
Bad health—In case of..................... 2230
Commitment to goal until conveyed
to reformatory.................. • e º & tº $ tº e º 'º tº $ 223
Contagious or infectious disease. ...... 2231
Detention for purposes of reform. ...... 2230
Discharge when in bad health........... 2231
Discipline and control...................... 223]
Offenders summarily convicted.......... 2230
What offenders may be sentenced to. . .2229
Reformatory for females. See Andrew
Conveyance of prisoners.................. 2232
Mercer Reformatory, &c. ........ * * * * e º 'º e º a 223L
104 GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
PUBLIC AND REFORMATORY 3' ºſ- PUBLIC AND REFORMATORY PRI-
SONS-Continued. & ". . SONS-Concluded. *
Refuge for girls. See Industrial ref ...” Removal of incorrigibles.................. 2236
&c...........................................….. 2232 Schools for boys. See Reformatory
Regulations as to discharge................. 2235 Schools, &c................................... ... 2235.
Sunday—Term expiring on............ .*... 2234 | Re-transfer of prisoners......................... 2226
Wages of apprentice, to whom paid? ... 2234 Transfer of prisoners, &c,............ ......... 22:25
Weak state of health—Offender certilued PUBLIC CON VENIENCE – Offences
to be in..................:........................ 2234 against, &c. See Public Morals, &c. 1871
Part five—Prince Edward Island...... e...... 2241 PUBLIC DOCUMENTS ENGROSSED ON
Part four–Nova Scotia...................... ... 2238 PARCHMENT—An Act to avoid the
Part one—Insecure prisons..................... 2225 necessity of having......................... 155'ſ
Part three—Quebec,......... ................. ... 2235 | PUBLIC FUNCTIONARIES-Salaries of .
Part two—Ontario.......................... • * * * * * * 2228 PUBLIC LANDS—An Act respecting. See
Prince Edward Island............................ 2241 Dominion Lands Act........................ 81'ſ
Reformatory prison............................. 2241 | PUBLIC LANDS IN BRITISH COLUMBIA.
Offenders awaiting trial.................... 2241 —An Act respecting. See British
Punishment of offenders violating Columbia—Public lands in, &c........ . 887
rules..................................... ...'... 2241 | PUBLIC MATTERS–An Act respecting
What offenders may be sentenced to... 2241 inquiries concerning....................... , 1553.
Removal of prisoners to the goal of Attendance of witnesses....................... 1553.
Queen's County ........................ ... 2241 Commissioners—Powers of.................. 1553
How ordered..................... ......... : ... 2241 Examinations under oath...... • * * * * * * * * * * * * * * 1553
Sheriff to carry out order.................. 2241 Witnesses—Attendance of .................. 1553
To what authority such prisoners shall PUBLIC MEETINGS — Preservation of
be subject............ ..................... .. 2242 peace at .............. .......................... 1857
Prison discipline—Improvement of...... .. 2227 | PUBLIC MORALS AND PUBLIC CON-
Prisoners—Employment of.................. . 2226 VENIENCE—Offences against......... 1871
Prisons—Insecure. See Part one, &c...... 2225 Enticing girl to house of ill-fame, &c...... 1872.
Quebec—Province of.......................... ‘... 2235 Evidence necessary for conviction.......... 1872
Application of parts of this Act to........ 2235 | Female idiot or imbecile woman or girl
Boys—Reformatory schools for............. 2235 —Carnal knowledge of.............. ...... 1871
Common goals........................ . . . . . . . . . . . . 2.238 Inducing resort to house for illicit carnal -
Employment of prisoners..................... 2238 knowledge.......... ...... ..................... 1871
Females—Reformatory prisons for ....... 2236 If girl between 12 and 16 years............ 1872
Houses of correction..................... 2237, 2238 If girl under twelve years................... 1872
Place of detention............................... 2238 Reasonable doubt as to age, &c. ......... 1872
Prisoners—Employment of.................. 2.238 Loose, idle or disorderly persons or va-
Prisons for females. See Reformatory grants.......................... ......... ......... J873
Prisons for Females.......................... 2236 Procuring defilement of girl under twenty-
Public reformatory....................... 2237, 2238 One yeal S. . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * * * * * * * ... 1872
Reformatory prisons for females........... 2236 Search for person enticed away, &c. ...... 1872
After two convictions..................... 2237 Seducing girl under 16 years................ 1871
House of correction, &c.................... 2237 Seducing under promise to marry. ...... .. 1871
In what prison sentence in certain Sodomy—Crime of............................... 1871
cases shall be carried out............. 2237 Attempting to commit........................ 1871
Power to convey prisoner to reforma- Felony—Person committing, guilty of... 1871
tory prison................ .................. 2237 Imprisonment for life......................... 187L
Public reformatory, &c.......... ......... 223.7 Punishment for............. ..................... 1871
What females may be sentenced to.... 2236 Vagrants, &c................................. . . . . . . 1873.
With consent of offender.................. 2237 Committal and detention of ................ 1874
Reformatory schools for boys.............. 2235 Justice may cause such persons to be
Detention of offenders under 16 years . brought before him....... .................. 1874
previous to trial........................... 2236 Proceedings, &c., in cases of......... 1873, 1874
Offenders under 16 years.................. 2235 | PUBLIC OFFICERS – An Act respecting. 227
Power to discharge offenders............ 2235 Acts of, not voided by default in giving
Punishment for breaking rules......... 2236 security. . ....................................... 233.
GENERAL INDEX.
105.
The figures denote the pages which are nutmbered at the bottom.
IPUBLIC OFFICERS–Concluded.
Affidavit of justification........................
See Schedule B...................................
Alphabetical lists to be kept................
Appointments, how made.....................
When declared void
Approval of security. ...... e s - e s • * * * * * * * * * * * * * * *
Bond to Her Majesty. ............................
See Schedule A................ …
Certificate of Secretary of State.............
Commissions -
Entry of bond.......................................
Extension of time for giving security.....
Limited to two months.......................
Forms—
Affidavit of execution.........................
Of justification. ................. ............
Bond to Her Majesty...........................
Indorsement on bond..........................
Guarantee companies—Bonds of............
Loss of bond–Effect of ........................
Neglect to give security, not to invalidate
acts of officer. ......... * * g e º e º º & e < e º ſº, sº is a • * * * * * *
Oath of allegiance to be taken
Penalties may be remitted.....................
Prerogative of the Crown
Proclamations, &c. ....................... . . . . . . .
Recitals, genders, numbers, &c...... ." .
Recording of bond....... ................…..
Registration of bonds........................ 230,
Securities executed at different times......
Security, how given..............................
Statement of bonds to be laid before
Parliament. ...... ........ .....................
Sureties, how relieved from responsibility
Surety—Death of, &c
Forfeiture of appointment on neglect to
provide new surety. ........................
Notice to be given..............................
Penalty for neglect to give notice, &c.
Voidance of commission........ ..….
PUBLIC OFFICERS–Security by
, PUBLIC PRINTING AND STATIONERY
—An Act respecting the Department
of......................... '• * * * * * * * * * * * * * * * * * * * * * * * * *
Accountant—Qualification of ...............
Duties of ..........................................
Advertising for public Service................
Annual account to be laid before Parlia–
ment. .............................................
Audit Act, how far, to apply to this Act.
“Canada Gazette ”—Publication of.......
Controller of stationery.........................
Duties of ..........................................
Qualifications of.................................
Estimates to be furnished...................... -
• a s is is e s = e e s ſº e s e a s e º a * * * * * * *
• * g e s m s a • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
230
227
230
233
228
234
229
227
229
232
232
236
• e. e. e. e. e < * * * * * * * * * * * * * *
236
234
237
234
230
233
227
232
228
227
229
229
232
233
228
260
260
259
256
256
256
259
PUBLIC TRINTING, Etc.—Concluded.
Expe. , not to undergo examination....... 257
Interg.ºetation ................ ..................... 255
“M, “ister’’....................................... 255
“Qu en’s Printer ’’.............. , e 4 g º e º e s tº º e & tº ſº 255
Money s—Application of ...................... 259.
Month 7 statement to Auditor General... 260
Orders in Council, &c,.......................... 259.
Persons who may receive the Canada
Gazette gratis.................................. 259.
Proclamations, &c..... …~~~~ 259
Public printing at Ottawa ..................... 257
Eml.loyment of workmen.................... 257
Payment of employees........................ 257
Purchases, how made.......................... 257
Qualification of certain officials...... ...... 256
Queen's Printer, how appointed............. 256
Duties of....... ..................................” 256
Qua ification of................... ............... 256
Report to Governor in Council............... 259.
Secre ary of State to have control of
Department ........................ ..... ...... 255.
Static §ery office.................... ............... 257
Dot” ments for Parliament................... 258
Moneys—Application of ..................... 258
Offi * publications ........................... 25'ſ
Purºse and supply........................... 257
Pu chases to be made on requisition
only............................... . . . . . . . . . . .”.” 258
Supply of stationery to departments,
&c.................................. … “ 258
Stock to be taken ................................. 260
Superintendent of Printing .................. 256
{ { Stationery........... 256, 257
Supplies, how obtained. ........................ 260
Work to be done and articles supplied.... 255
PUBLIC SERVICE—Departments of the.
See Contingencies Act..................... 239
PUBLIC WORKS ACT.................... . . . . . . . 555
Acting Secretary.............. . . . . . . . . . . . . . . . . . . . . . 555
Actions for enforcing contracts . . . . . . . . . . . . 563
Annual report of Minister...................... 564
Application of pecuniary penalties....…. 563
Attesting accounts of contractors .......... 557
Chief architect—Appointment of............ 555
Duties of .................................. …“ j56
Chief engineer—Duties of............. ......... 556
Chief engineers—Appointment of............ 555
Construction and repair of works. ......... 557
Department, constituted............. . ......... 555
Meaning of ..................................….. 555
Deputy of the Minister, &c. ................... 555
Disobedience of regulations—Punishment
..for, when injury done....................... 562
when injury not done.................. 562
Dués and penalties—Recovery of............ 563
Expenses, how paid................ : - - - - - - - - - - - - -
Existing contracts, &c., to be continued. 563
260
106
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
PUBLIC WORKS ACT-Continued.
Expenditure, none, without authority of
Parliament ..................................... 557
Injury caused by disobedience—Punish-
ment for ........................................ 562
Interpretation ............................. ' tº º & E m e º # 555
Matters not under control of Minister...... 557
Public works transferred to Municipali-
ties, &c........................................... 557
Public works transferred to Provinces... 557
Works abandoned ............................. , 557
‘‘ under other departments. ......... 557
Matters under control of Minister— &
Generally .......................................... 556
Government buildings ........................ 557
Minister–Meaning of............................ 555
Minister of Public Works ...................... 555
Minister—Powers of the........................ 556
Misdemeanor—What constitutes .......... 562
Officers—Appointment of...................... 555
Penalties may be imposed. ..................... 561
Power to examine on oath..................... 558
Penalty for non-attendance ........... ‘.... 558
Powers of Governor in Council, in case
of doubt.................................. .... 557
Powers of the Minister ......................... 556
Provisions, when lowest tender not taken 558
Public works, &c.—Meaning of ............. 555
Publication of regulations ..................... 564
Punishment of employees disobeying
regulations..................................... 562
Recovering possession of maps, plans, &c. 564
Recovery of dues and penalties ..... tº e º e º e º º 563
Of tolls and dues on timber, &c............ 563
Begulations for use of public works ....... 56].
Sale or transfer of public works to local
authorities ..................................... 558
Secretary—Duties of............................. 556
Secretary’s certificate—Effect of............ 564
Security to be taken from contractors.... 558
Seizure and sale of vessels, &c............... 562
Short title ........................................... 555
Tenders—When, to be invited, &c.......... 558
Tolls on public works............................ 560
Exemptions in favor of H.M. troops...... 56]
Goods in vessels when liable ............... 560
Governor in Council may impose......... 560
May be let to farm.............................. 561
Money from, to be paid to Receiver
General.......................................... 56].
Recovery of ....................................... 560
Transfer of works................................. 559
Conditions and limitations of.......... 559, 560
Form and effect of.............................. 559
Revoking or amending grant............... 559
PUBLIC WORKS ACT-Concluded.
Transfers—Power to make arrangements
for............................ .....................
How made—By grant................ ........ &
What writings shall bind the department
Works may be declared no longer under
control of Minister..........................
How they shall be kept up, &c....... tº e º ſº s º
PUBLIC WORKS OF CANADA. See
Public Works Act ...........................
PUBLICATION OF THE STATUTES-
An Act respecting the .....................
Certified copies of Acts.........................
Clerk of the Parliaments........................
Custody of original Acts.......................
Fee chargeable for copies............. ....... 'm a
Printing and distribution......................
Canada Gazette—Publication in ..........
Copies to be distributed...................... l
Cost of private Acts...........................
Form, type and style in which Statutes
shall be printed and bound..............,
Printed—In English and French
Report of Queen's Printer...................
Royal assent ....... ............................. tº
PUNISHMENTS, PARDONS AND THE
COMIMUTATION OF SENTENCES
—An Act respecting........................
Army and Navy—Laws as to, not affected
Attainder, none except for treason.........
Heir may enter after death of offender...
Capital punishment............ ...... ...........
Application of provisions not herein spe-
Burial of the body...............................
Certificate, &c., to be sent to Secretary
of State, and copy to be exhibited at
entrance to prison................... .........
Conviction by verdict or on confession..
Coroner's inquest on body............. ..... t
Court to direct execution of Senteace....
Declaration to be signed by sheriff, &c..
Deputies may act................................
Judgment to be executed within walls of
prison..........................' ......... .........
Jurors on inquest—Who shall not be. ...
Justices of the peace may be present.....
Medical officer to be present.................
Murder—Sentence on conviction for......
Officers and prisoners not to be jurors...
Penalty for signing false certificate......
Present—Who may be.........................
{ { Who shall be........................
Relatives may be present.....................
Report to be made by the judge............
Reprieve in certain cases.....................
559
559
564
558
558
555
2189
2198
2195
2196
2189
2.192
2191
2.192
21.89
2191
2190
2191
2191
2190
2191
2191
2190
21.89
2191
2191
2191
2190
2191
2190
2190
Works transferred, to be kept in repair. 560
2.192
Saving clause as to legality of execution
GENERAL INDEX. 107
The figures denote the pages which are numbered at the bottom.
PUNISHMENTS, PARDONS, Etc.—Continued.
Sheriff, &c., to be present............ ........ 2190
Surgeon to certify death........ * * * * * * * s e e º e º e 2191
Treason—Sentence on conviction for.... 2189
' Treatment of persons condemned........ . 21.90
Commutation of sentence...................... 2 196
Death—Crown may commute sentence of 2196
Deodand, none........ & a e e s ſº e º a s is a s a s a e º e º 'º e s e e s e º is 2195
Fines—Sureties for keeping the peace, and 2.194
Forfeiture, none............ • e º 'º e º e º e º 'º º e º e º e º e s p → • 4 2195
Forms in Schedule to be used................. 2197
General provisions........ ( & & © e o dº tº $ 4 e º Gº & e s º ºs e º e º 'º a 2197
Governor in Council may make rules, &c.,
as to executions........... Q & e g º e º 'º - e. e. g. c. • . . . . . . 2197
Imprisonment............ ................. ......... 2.192
Andrew Mercer (Ontario) Reformatory. 2193
Central Prison (Ontario).................... 2193
Commencement of term of........ tº e º a º e º e º dº º 21.93
Common goal............... tº a e g º e º 'º e º 'º e e g º e g g g º ºn tº 2193
Court martial—Prisoners sentenced by. 2193
Felony for which no special punishment
is provided....... e tº e s e º e º e º e º e s ∈ tº * * * * * * * * & a e e º º, ø 2.192
Hard labor in penitentiary, &c........... ... 2193
Offence not punishable with death....... 2192
Offender convicted of more offences than
one, &c,....................... tº e e s e s e e e º . e. e s is e s e e 21.93
Penitentiary—Imprisonment in............ 2193
Prisoners subject to regulations, &c...... 2193
Reformatory prisons (Quebec)...... ....... 2193
Second conviction for felony ............... 2.192
“Speedy Trials Act”—Application of... 2193
Summary conviction........... tº e º 'w e º 'º - © tº e º e º e º 2.192
Term of, in discretion of court.............. 2.192
Keeping the peace—Sureties for............. 2.194
Pardons.................. ............................. 2196
Effect of pardon.................. tº e s e e º e º sº e e º e g º & 21.96
May extend. to offenders generally........ 2 196
Subsequent conviction......................... 21.96
Peace—Sureties for keeping, &c............ 2.194
Pillory, none.......... tº º e º e º 'º e º 'º e º ºs e º ſº tº dº e º a tº e º e º e º e º & 2195
Punishments ................... • e s e º se e s e o e s a e s e a e s 2189
After conviction, only ........ tº e s ſº e s - tº e à e s tº e º a 2189
Degree of, in discretion of court ......... . 21.89
Offender punishable under two or more
Acts, &c......................................... 2189
Q
QUARANTINE–Continued.
QUARANTINE–An Act respecting. ........ . 981
Examination of persons arriving by land. 982
Inspection of and cleansing goods. ......... 982
terpretation .......... • * * * * * * * * * is a s g º 'º º e º a s tº e e g tº ſº 981
“Master”.......................... ............... 981
“Passengers ”........ ........................... 981
“Quarantine Station ”......... ............... 981
PUNISHMENTS, PARDONS, Etc.—Concluded.
Twice for same offence, not allowed..... 21.89
Reformatories—Imprisonment in. ......... 2.194
Labor in.…. … 2.194
Term of imprisonment in..................... 2194
Who may be imprisoned in.................. 2194
Royal prerogative of mercy, not limited.
by this Act................ ............. ....... 2197
Rules and regulations as to executions
may be made by the Governor in
Council.......................... 4 e s s e e s e s a e º e g º e 2197
Such rules to be laid before Parliament. 2197
Schedule............. a s e s a e s a e = e s e e s e e s • * * * * * * * * * * * * * * 2198
Certificate of Surgeon. ........ e s e a s = e s e s is e º º e a 2198
Complaint by party threatened, for
Sureties for the peace..................... ... 2198
Declaration of sheriff and others.......... 2198
Form of commitment in default of sure-
ties ........................... ..................... 2200
Form of recognizance for the Sessions. 2199
Sureties............................................. 2198
Schedule—Forms in to be used. ............. 2197
Sentence—Commutation of ......... ......... 2196
Sentence of death—Crown may commute 2196
Solitary confinement, none.................... 2195
Sureties for keeping the peace, and
fines............................ ................... 2194
Amount of fine at the discretion of the
Court...................... . . ..................... 2195
Discharge for want of, may be ordered,
When ............................................ . 2195
Felonies–In cases of.......................... 2194
Imprisonment in default..................... 2195
Misdemeanor—In cases of.................... 2195
Notice to judge, When........................ . 2195
Two weeks—Person imprisoned for, in
default of ......... … 2195
Undergoing punishment, &c., a bar to
further proceedings. ........................ 2197
Undergoing sentence, equivalent to a
pardon. .......................................... 2197
Proviso;............................................ 2197
Whipping. ..... e e s a s e e s e e º e s e e s is e s s e e s tº a º e º a s = e s a e º 'º 2.194
Female not to be subject to................. 2.194
Time for infliction of......................... ... 2.194
Masters of vessels— Obligations of, on
coming to quarantine station........... , 982
Medical officers at principal harbors, may
be appointed.................... ............... 983
Officers may be appointed ..................... 982
Penalties, &c., to be special lien on
“Wessel ”.......................................... 981
Vessels........................................... . 983
108 - . - GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
* g
QUARANTINE–Continued. QUARANTINE–Concluded.
Penalties for contravention of regulations 983 Vessels from sea, &c., may be required
Penalty for disobeying unrevoked regu- to perform quarantine...................... 982
lations........................................... . 984 Vessels may, on certain conditions, put
Power to compel obedience to regulations 983 | to sea instead of being quarantined... 984
Powers of officers at quarantine station... 983 | QUEBEC-Discharging of the cargoes of
Quarantine regulations — Governor in vessels arriving at ports in................ 1237’
Council may make. ......................... 981 | QUEBEC–Harbor and River Police of the
To be published in Canada Gazette....... 982 Province of..................................... 1235
To have the force of law..................... 982 | QUEBEC–Savings banks in the Provinces
Sums and penalties to form part of Con- of Ontario and,................................ 1637
Solidated Revenue Fund.................... 984 QUEEN'S AUTHORITY-Offences against
Vessels arriving at ports to which they the. See Treason, &c,..................... 1833
were not originally bound, with infec-
tious diseases on board.................... , 983
IR
RAILWAY ACT..................................... 1457 RAILWAY ACT-Continued.
Application of Part One of this Act. ...... 1458 Book of reference................................. 1463
Provisions of, how excepted................. 1458 Branch lines......................... ........ * e s a 9 & 8 1462
Application of Part Three ..................... 1459 Bridges, &c. ............................... ......... 1474
Application of Part Two.............. ......... 1459 By-laws—Directors shall make............. i479
General interpretation.............. ............ 1457 By-laws, notices, &c. . ........................ 1485
“Clerk of the peace ’’......................... 1457 Calls and recovery thereof............... 1480, 1481
“County "...................... ......... ......... 1457 Carriage of Her Majesty's mails............. 1488
“Department''.................................. 1457 Cattle guards, &c................................. 1475
“Deputy "......................................... 1457 Cattle not to be driven, &c., on the line... 1475
“Goods” ......................................... 1457 Certain rights saved............................ 1490
“Highway”...................................... 1457 Certificate of proprietorship................... 1483
“Justice”....... ................................. 1458 Certified plans and surveys.................... 1463
“Land” ........................................... 1457 | Checks to be affixed to baggage............ 1485
“Lease "................ ........................... 1457 “Consolidated Railway Act, 1879 ''........ 1459
“Map or plan ".................................. 1458 Contracts made before deposit of map, &c. 1466
“Minister”....................................... 1457 Conveyance to the company. ................ 1465
‘‘ Owner "...................… 1458 Corporation may be dissolved............... 1490
“Railway Committee ''....................... 1458 “Dangerous explosives”...................... 1487
“Sheriff’’.......................................... 1457 Dangerous goods to be marked, &c. ...... 1486
“Toll "............................................. 1457 May be refused.......... .......... ............... 1487
Part One............. ................................. 1459 Director—Qualification of..................... 1478
Part Three ........................................... 1514 Directors—President and ...................... 1478
Part Two.............................. ............... 1490 Directors—Term of office of.................. 1479
Schedule One............. ......................... 1518 Distribution of compensation....... ......... 1472
Schedule Two....................................... 1526 Dividends and interest.......... ............... 1481
Short title.......................... .................. 1457 Extent of lands to be taken................... 1465
RAILWAY ACT, Part One....................... 1459 JFences and cattle guards............. ......... 1475
Actions for indemnity; Fines and penal- Fines and penalties, &c,........................ 1488
ties and procedure therefor............... 1488 Forfeiture of shares........................ 1483, 1484
Annual account for Parliament.............. 1489 Forms of account may be varied...... . . . . . . 1490
Annual statement by directors............... 1480 Further enactments............................. . 1489
Approval of Railway Committee............ 1461 General meetings of shareholders........... 1478
Arbitration in default of agreement. 1467 to 1470 General provisions................................ 1488
Baggage cars not to be in rear of pas- Highways and bridges......................... 1474
Seilge T C&TS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1486 Incorporation....................................... 1459
Bells and whistles................................. 1486 Increase of stock. ......... .................... .... 1482
GENERAL INDEX. 109
The figures denote the pages which are numbered at the bottom.
RAILWAY ACT-Comtönued. RAILWAY ACT-Comfºnued.
Indemnity—Actions for, &c.................. 1488 Duty of station agents, &c.................. 1487
Interest—ſ)ividends and,....................... 1481 Penalty for non-compliance................. 1487
Interest on sums paid in advance............ 1484 Time for proceedings limited............... 1488
Interpretation ............................ ......... 1459 Transfer of shares—Form of......... 4 * * g e e o 0 & 8 1482
“Prescribed ”.................................... 1459 Transmission of shares otherwise than by
“The company ”............................... 1459 transfer.......................................... 1483
“The lands” .................................... 1459 Vacancies in board of directors, how filled 1478
“The railway ”................................. 1459 Valuation of lands................................ 1465
“The Special Act ’’............................ 1459 Violation of this Act, when a misde-
“The undertaking''................ .......... 1459 Inê8. In Ol'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1488
Intoxication of conductor, a misdemeanor 1486 Vote by proxy—Form of........................ 1478
Lands and their valuation..................... 1465 Votes of shareholders............................ 1478
Interpretation ................. .................. 1465 Walking on the line forbidden ............... 1475
“Court’’.............................. & gº tº dº º & & sº º 1465 | Warrant of possession........................... 1470
“Judge'' ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1465 Whole parcel of land—Purchasing, &c... 1474
Lands vested in Her Majesty.................. 1462 Working of the railway........... tº e º e s tº e e g º e º a 1485
Limitation of actions for damages......... 1488 RAILWAY ACT, Part Three.................... 1514
Maintenance and repair........................ 1473 Annual returns to be prepared ............... 1515
Maps, &c., of completed railway to be See Form of Schedule 1.............. 1518
filed at the department.................... 1464 Penalty for non-compliance................. 1515
Meetings of shareholders................ ...... 1478 Crossing other railways........................ 1517
Naval or military lands......................... 1462 Interpretation...................................... 1514
Notice to the parties............................. 1467 “Company ”............ ........................ 1514
** Notices—By-laws, &c............................ 1485 “Working expenditure '’.................... 1514
Order of judge, when required............... 1466 Intersection of railways........................ 1517
Overdue trains................ ..................... 1487 Penalties... ............... .......................... 15||7
Passenger refusing to pay..................... 1486 Application of.................................... 1518
Payment of compensation into Court....... 1471 Causing injury................................... 1517
Penalties, &c......... ............... ..... ......... 1488 . Deduction of, from wages. .................. 1518
Plans and Surveys........................ 1463 to 1465 Increasing risk of injury..................... 1517
Possession—When it may be taken........ 1470 To form part of railway fund. ............. 1518
Power to take materials for construction. 1473 .Violation of by-laws........................... 1517
Powers of company. .................. 1460 to 1463 Violation without injury or increase of
President and directors.............. 1478 to 1480 risk. .............................................. 1517
President, how chosen........................... 1479 Penalty for signing false return............. 1516
Proceedings in the Province of Quebec. 1472 Railways to be subject to legislative au-
“Railway Act, 1868 ''............... tº e a tº e º e s e a e tº 1459 thority of Parliament. ..................... 1518
“Railway crossing ”................... ......... 1474 Recovery of penalties ........................... 1516
Recovery of penalties, &c..................... 1488 Return of accidents, to be made............. 1516
Servants to wear badges....................... 1485 Return of by-laws, to be made.............., 1516
Shareholders—General meetings of....... 1478 Form of return may be prescribed. ...... 1516
Shareholders—Liability of.................... 1484 Penalty for not transmitting e e s e e º e º & e e º e º a I517
Shares....................................... 1482 to 1484 Returns privileged................................ 1517
Sidings, conduits, &c. ........................... 1473 Returns to be prepared, &c.................... 1515
Signboards ....... ....... ........................... 1474 To be submitted to Parliament............ 1515
Standing on platforms........ * * * * * * * * * * * * e º e s s gº tº 1486 Schedule One—Form of yearly returns to
Stock—Increase of................................ 1482 the Minister of Railways and Canals,
Stock of company—Personal property. ... 1482
Surveyor's certificate, what to contain... 1467
Surveys—Plans and............................. 1463
Telegraph lines—Construction of........... 1489
Telegraph—Use of, by the Government... 1489
Tenders to be called for ........................ 1489
Time for completion of railway limited... 1489
Tolls..................... .................... 1476 to 1478
required from railway companies un-
der “The Railway Act''.................. 1518
Accidents. ............................." No. 16. 1525
Actual cost of railway, &c. ......... No. 8. 1522
Bonds, &c. ............. .................. No. 4. 1520
Capital account ........................ No. 2. 1519
Characteristics of road............... No. 7. 1521
Description of freight ............... No. 10. 1522
Trains overdue. ............................ . . . . . . . . 1487
Earnings .................... . . . . . . . . . . . . . No. 11. 1523
110
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
RAILWAY ACT-Continued.
Floating debt............. ............... No. 6, 1521
General tariff of tolls, &c. ......... No. 11. 1523
Loans or bonuses........................ No. 3. 1520
Location and general description......... 1519
Names and residences of directors and
officers .............................. No. 17. 1526
Operating expenses—General and oper-
ating charges................. No. 14, D. 1524
Maintenance of line, buildings, &c.
No. 14, A............ ...... ............. .... 1523
Working and repairs of cars. No. 14,
C............ . . . . . . . . . . . . . . . . . . … 1524
Working and repairs of engines. No.
14, B................... ........................ 1524
Operations of the year, &c.......... No. 9. 1522
Returns, &c............................... No. 1. 1519
Sales of land.............................. No. 5. 1520
Special rates of tolls, &c. .......... No. 13. 1523
Statement containing copies of all con-
tracts, &c. ...... ‘g tº tº e a tº s e º ſº e e º 'º e s e e º e º 'º - e º º 'º & e º 'º 1519
Summary of operating expenses. No. 15. 1525
Schedule Two—Return of traffic, &c...... 1526
Statistics............................................. 1514
Weekly returns to be prepared, &c......... 1515
See form of—Schedule two ............... 1526
Penalty for non-compliance ................ 1516
Works for advantage of Canada—Certain
railways declared to be ................... 15.18
RAILWAY ACT, Part Two...................... 1490
Accidents—Commissions to investigate... 1506
Additional lands — Authority to ac-
quire .................................... 1490 to 1492
Best appliances for communication and
for stopping trains to be used............ 1509
Penalty for non-compliance ................ 1510
Bridges, &c.—Construction of ............... 1493
Bridges over navigable rivers ................ 1510
Bridges to be floored ................ ............ 1510
By-laws and regulations ............. 1507 to 1509
Cattle not to be at large near railway .... 1511
No right of action in such case ............ 1511
Such cattle may be impounded............ 1511
Commission to investigate as to acci-
dents .................................... ......... 1506
Enforcing attendance of witnesses. ...... 1507
Remuneration of commissioners............ 1507
Report to be made.............................. 1507
Committee—The railway...................... 1499
Company—Powers and rights of............ 1504
Constables, &c..................................... 1497
Conveyance of passengers and goods...... 1513
Crossings, &c................. ............... 1494, 1495
Farm crossings.......... ........................... 1495
Fences, &c........................................... 1492
Foot-bridge ....... .... ..................... * s • * * * 1511
RAILWAY ACT-Continued.
General provisions................................ 1509
Highways and crossings........................ 1494
Inspecting engineer—Powers and duties
of.......................................... 1500 to 1502
Interchange of traffic............................ 1496
Interpretation .................. * * * * * * * * * * * * * * * * * * * 1490
“Company ”..................................... 1490
“Engineer’’......................... ............ .1490
“Railway company”.......................... 1490.
Lands—Authority to acquire . ...... 1490 to 1492
Liability of company ............................ 1506
Mines not to be injured ........................, 1512
Navigation not to be impeded. ............... 1510
Notice of accidents to be given............... 1505
Notice to the company—What shall be
deemed sufficient ......................... ... 1506
Notification of order of railway committee
to officers ...................................... , 1506.
Offences and penalties .......... ... ............ 1513
Cutting or boring casks or packages. ... 1513.
Obstructing inspecting engineer........... 1514
Penalties .............. * * * * * * * * * * * * * e g sº e º is s a tº t e s is is a tº e a 1513
Penalty for refusal by officer to receive
and convey goods................ ............ 1497
Plans of bridges, &c., to be approved...... 1510.
Railway Committee—Powers and duties
of &c,............................................ 1499
Appointment of................ .................. 1499
Chairman and Secretary of...... ............ 1500
Crossing of highways, &c.......... tº e s is e º ºs e e . 1503
Defects to be made good....... .............. 150L
Inspecting engineer—Report of............ 1501
Movable bridges................... • * * * * * * * * * * * * * 1502
Notice to—Before railway is opened...... 1500
Penalty for non-compliance.............. 1500.
Order of, when not binding.............. ... 1501
Penalty for opening railway contrary to
order of........................................... 1500.
Postponement of opening if report un-
favorable................ ........................ 1500
Proceedings if part of railway out of
repair............................................. 1501
Railway to be inspected by.................. 1500
Rate of speed, &c............. .................. 1505.
Report of inspecting engineer and action
thereon...... ...... ......... ..................... 1501
Running of trains may be forbidden in
case of danger......... . . . . . . . . . . . . . . . . . . . . . . . . 150 l
Speed—Regulation of ......................... 1505.
Steam whistles, &c............................. 1505
Swing bridges, &c.............................. 1502
Railway constables....... ....................... 1497
Arrest of offenders by..................... .... 1498
Before whom oath may be taken........... 1498:
Dismissal of............... ........................ 1498
Foot passengers, &c..... ........................ 1511
Effect of dismissal of.................. ........ 1499
(3 ENERAT, INDEX,
111
The figures denote the pages which are numbered at the bottom,
RAILWAY ACT-Concluded.
Form of oath of................................... 1498
Powers of...................• . . . . . . . . . . . . . . . . . . . . . . . 1498
Punishinent of.................................... 1499
Punishment of persons resisting........... 1499
Record of appointment to be kept......... 1499
Who may appoint............................... 1497
Railway fund......................... ............... 1507
Right of action in case of neglect............ 1513
Sale of railway to purchaser not having
! necessary. Corporate powers............... 1512
Application for necessary powers to be
made......................... ..................... 1513
Extension of license............................ 1513
Final action................ ...................... 1513
Notice, &c., to the Minister.................. 15 12
Provisional operation of such railway... 1513
Trains not to run pending transmission
of notice........................... . . . . . . . . . . . . . . . 1512
Shares and securities of other railways
not to be dealt in.............................. } 509
Penalty for violation........................... 1509
Snow fences.................... ............ ...... 1492
Special powers not affected ................... 1510
Traffic arrangements.......... ................... 1495
“Traffic,” what to include ...................... 1495
Train to stop before passing a swing
bridge........................ ..................... 1511
Trains to be run at regular hours............ | 5 || 3
Weeds to be cut down........... ............... 15|ll
Application of penalties................ ...... 15]
Mayo;', &c., may cause to be done........ 1512
Peualty for non-compliance. ................ 151].
What property to be bought in certain
CàSèS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1512
AILWAY COMMITTEE. See Railway
Act...... ............... ........................... 1499
AILWAY-Offences concerning the. See
Offences against the person............... 1891
AILWAY PASSENGER TICKETS – An
Act respecting the sale of....... ........ 1527
Agents for sale of............. .......... ......... 1527
May procure tickets from each other. ... 1528
Certificate of appointment of agents...... 1527
Evidence in case of appeal. . .......... ...... 1529
Foreign railway companies – Agei: fs of... 1527
Name and date to be stamped ou............ 1527
Offences—Procedure respecting ............ 1529
Penalty for violation of this Act ............ lä28
Procedure respecting offences ...... ........ 1529
Redemption of unused ticket or part...... 1528
Repayment in case of unused ticket, &c. 1528
Right of stopping over......... ......... ......... 1529
Sale of Agents for ............ ......... ......... 1527
Station agents not included in this Act. 1528
Tickets not to he sold without authority. 1528
R
RAILWAYS-An Act respecting. See
Railway Act...................................
RAILWAYS-An Act respecting Govern-
ment. See Government Railways
Act..…. .................................... ... 573
RAILWAYS AND CANALS-An Act re-
Specting the Department of............ ... 565
Acting Secretary. ................. tº a e s e º e s s e º e s a e s 566 .
Actions for enforcing contracts, &c........ 572
Canals - Regulations for use of, &c......... 569
Chief engineers—Appointment of....... 565, 566
{{ { { Duties of.................... . 566
Chief officer.......................................... 565
Conditions previous to payment to con-
tractor.......... ................................. 568
Construction or repair of Works............. 567
Department constituted. ...................... 565
Deputy of the Minister, &c..................... 565
Evidence on Oath as to claims............... 567
Examination of persons and papers........ . 567
Existing contracts, &c., continued........ , 57.1
Expenditure—None, without authority
of Parliament ................................. 567
Interpretation...................................... 565
Minister of His appointment. ............... 565
Moneys in hands of officers not liable to
attachment, &c.............................. , 57.1
Penalties. ............................................ 569
Application of.............................… 570
Disobedience of regulations Punish-
ment for, in case of injury............. 569
. If injury not done............................ 570
Imposition of....... .............................. 569
Neglecting to attend examination........ 567
Recovery of...... ..................... tº a s e º 'º a º e º 'º 570
Seizure and sale of vessels, &c............. 569
Penalty for neglecting to attend examina-
tion........ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 567
Powers and authority of Minister......,566, 567
Publication of regulations..................... 572
Recovery of maps, plans, &c. ................ 57.1
Recovery of penalties........................... 57()
Regulations—Publication of.................. 572
Report when lowest tender not accepted. 568
Secretary–Appointment of................., 565
{ { Duties of............................ 566
Secretary's certificate Effect of............ . 571
Security to be required of contractor...... 568
Tenders to be invited for works............. 567
Exceptions. ....................................... 567
Tolls on Canals. .................................... 568
Goods on board vessels, &c................. 568
May be imposed by Governor in Council 568
Moneys to be paid to Receiver General. 569
Recovery of....................................... 568
St. Lawrence river, subject to tolls in

Unused ticket. ..................................... 1528
certain cases .................................. 568
GENERAL INDEX.
The figures demote the pages which are numbered at the bottom.
RAILWAYS AND CANALS-Concluded.
What deeds or writings shall be binding
on the Crown..................................... 5'71
RAILWAYS-Injuries to. See Malicious
injuries to property....... ................. . 1971
RAPE. See Offences against the person. ... 1893
RAW HIDES-Inspection of. See General
Inspection Act................... * * * * * * * e s e º ºs & 1324
REAL PROPERTY IN THE TERRI-
TORIES. See Territoriès Real Pro-
perty Act ............................ .......... 74l
RECOGNIZANCES-An Act respecting..... 2179
Application for admission to bail............ 217.9
Arraignment on conviction not to dis-
charge recognizance . .............. .* * * * * * * * 2180
Certificate of sheriff......................... ..... 21.79
Commitment to discharge sureties......... 2180
Copy of roll and return for Minister of
Finance ........................................ ... 2183
Entry of render—Effect of...................... 2179
Estreats—List of, to be prepared............ 2181
Court may forbear estreating recogni-
Zances, &c. ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2181
List to be submitted to the judge ........ 2181
Minute on roll by the judge forbearing
to estreat, &c.................................. 2 82
Certificate, &c., of recognizance to be
transmitted to the Superior Court.... 2184
“Cognizor’—Definition of........ . - - - - - - - - 2.185
Estreated recognizances........ .... ........ 2 184
Execution to issue on fiat of Attorney
General .......................................... 2184
Forfeited recognizances ..................... 21.84
Judgment for the Crown to be entered. 2184
() ther modes of recovery ..................... 21 S4
Proceedings on forfeiture........... ......... 2] 84
Fines, &c., to be entered on a roll by
clerk of court............. .................. ,, . 2180
Copy of roll to be deposited with clerks
of certain courts.............................. 2180
Duplicate of roll to be transmitted to
sheriff............................................ , 2181
Sheriffs—Powers of ............................ 2181
With whom roll shall be filed.............. 2180
Writ of fieri fucias and capids ............. 2181
Form of. See Schedule........... ....... 2.185
Forfeited recognizances , may be dis- -
charged, &c.................................... 21.83
Proceedings when land seized............... 2182
Affidavit by clerk of court................... 2182
Form of affidavit.............. ............. ,. 2182
Who may administer ....................... 2 182
Quebec—Provisions applicable to.2183 to 2.185
Recognizances transmitted, to have the
same effect as if taken where the court
is held. .................. ......................... 2.185
RECOGNIZANCES—Concluded.
Release of a person or goods of a person
in custody.......................................
Render—Entry of, how to made.............
No estreat without order........... • - - - - - - - - -
What the list shall set forth
Render in open court................... * * * * * * * * *
Return of writ by the sheriff........... • * * * * * *
Schedule. Form of writ of fieri facias,
&c............. • * * * * * * * * * * * * * * * * * * * * * * * * * * is a e e s e a s e
Sureties may arrest, &c.............. tº , s e s a 4 s s
Sureties—Rights of, not limited or re-
stricted by this Act
Surety may obtain order to render..........
REFORMATORIES. See Punishments, Par-
dons, &c................................ .........
REFORMATORY PRISONS. See Public
and Reformatory Prisons
REGISTRATION AND CLASSIFICATION
OF SHIPS–An Act respecting the...
Advances on ships in course of construc-
tion—Security for
Division of Act into four parts
Inspection and classification of ships......
Publication of regulations
Regulations may be made by Governor
in Council
Tariff of fees
Interpretation......................................
“Master ’’ º
* Minister ’’
“Ship " ......................... ..................
* Ships belonging to Her Majesty''. ....
Licensing of small ships and other ves-
sels................................................
Annual return of ships licensed to be
sent to Minister. ................ • * * * * * * * * * * *
Declaration to be made......................
Form of. See Schedule A
License, how and by whom granted. ....
Form of. See Schedule B. ............
Name of port and number of license to
be painted on vessel
New license on change of owner...........
Penalty for neglecting to obtain license
Proceedings to obtain license.... .........
Wessels which are to be licensed. .........
When license to be applied for.............
Measurement and registration of ships...
Access to registers of ships
Annual return to be made
British ships—What shall be recog-
nized &S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Change of managing owner or ship's
husband
Change of master—Indorsement of, how
obtained 1010,
* * * * * * * * * * * * * * * g e -
* * * * * * * * * * * * * * * * * * * u, e. e. e. e. g. e.
• e o e º 'º e s * * * * * * * * * *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e º e s a e e
* * * * * * * * * * * * * e º e º is a e e º e º a c e s m & e a e s a e s e e
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * e s e s e = e s a
t
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * s s a e s , s , , ,
{
• * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * e º º ſº.
s • * * * * * * * * * * e e g º e º º
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ~ *
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2183
21.79
2181
2181
217.9
2183
2185
2179
2180
21.79
10 15
1007
1019
1019
1019
10 l ()
1007.
1007
|()07
1007
1007
10 13
1014
10 l 4
1020
1013
l()2]
1014
1014
1014
1014
1013
1013
1007
1010
1013
1008
1011
101 l
GENERAL INDEX.
113
The figures denote the pages which are numbered at the bottom.
REGISTRATION AND CLASSIFICATION
OF SHIPS–Continued.
Form of declaration for. See 1st
Schedule .............. tº s º a º ºs e e g º q • * * * * * * * * * * *
. Clearance not to be granted without
certificate of registry......................
Collectors of customs to indorse change
of master on certificate............ tº & e º e s tº e º
1020
I008
1010
Conflicting claims—Provision in case of 1009
Detention of ship for want of certificate.
Indorsement of change of master, on
What proof to be made............... 1010,
Managing owner or ship's husband, how
changed............... * * * * * * * * * * * * * * * * * * * …
Master—Indorsement of change of, how
obtained
Names of ships—Rules as to................
Changes without authority to be re-
Penalty for contravention......... . …
Previous name to be adhered to in new
registry.................. ................. º º e e
Ships may be detained for non-com-
pliance........................... . . . . . . . . . . . . .
, New certificate, how obtainable...........
. Notice of loss of ship to be given..........
Passes may be granted to British ships
by Lieutenant Governors.................
Record of indorsement of change of
master to kept................ * * * * * * * * * * * * * * * * *
Registrars of shipping may be appointed
Ships exempt from..............................
Statement to be made by master in case
of casualty................. .....................
Submission of conflicting claims to Gov-
ernor in Council..............................
Surveyors of shipping may be appointed
Fees and travelling expenses of........
By whom paid..............................
Exception............................ , ſº e e º 0.
Wrecked ship may be registered by au-
thority of Governor in Council, how.
Merchant Shipping Act, 1854—How far
repealed..........................................
References to............................ 1008 to
Mortgage of ship while building............
Form of. See 3rd Schedule B. .............
Repealing clause............. .....................
Schedules—
Declaration by representative, &c., 3rd
Schedule, Form D. ..........................
Declaration for a license, 2d Sch., Form A.
Description of ship, &c.,3rd Sch. Form A.
Form of declaration for change of mas-
ter, 1st Schedule Form A.................
1008
1011
10] 1
1011
1012
1012
1012
1012
1012
1012
1012 .
1009
1013
1008
| () || 1
| ()08
1007
1009
1009
1009
1009
1009
1019
1015
1022
1019
1024
1020
1021
REGISTRATION AND CLASSIFICATION”
OF SHIPS–Concluded.
License—2nd Schedule, Form B........... 1021
Mortgage, 3rd Sch., Form B......... * 6 e g º ºs e e 1022
Transfer of mortgage, 3rd Sch., Form C. 1023
Security for advances on ships in course
of construction................................ 1015
Certificate of registry of ship when built 1017
Deeds in Quebec—This Act not to affect
and parts of Acts. See Schedule C.
mode of executing ........................... I () 19
Description of ship proposed to be built. 1015
Form of. See 3rd Schedule A........... ... 1021
Discharge of mortgage....................... ... 1015
Entry of transmitted mortgage ........... , 1017
Fees—Scale of, may be established. ...... 1019
“Mortgage,”—Form of....................... 1022
Mortgagee not to be deemed owner....... 1016
To have power of sale................ ...... I016
Penalty for attempting to take out re-
gister at any port other than that
where ship is recorded................... ... 1018
Priority of mortgages. ......... .............. | 1) 16
Proof of transmission, &c.................... 1 () } 7
Recording of mortgages...................... 10 15
Registrar, who is also surveyor, to en-
dorse statement on certificate of sur- :
vey before delivering it.................... lſ) #8
Saving of right of owner..................... I () l 9
Temporary name--Ship about to be built, .
may be recorded under..................... 1 () 15
Transfer of mortgages......................... | () 16
Torm of . See 3rd Schedule, C. ......... Iſ).23
Transmission of interest of mortgagee
by death, insolvency, marriage, &c. 1016
Form of declaration in such case....L). 1024
When certificate of survey may be deli-
Vered up by Surveyor..................... 10 18
Indorsement by registrar.................. 10 18
Ships in course of construction—Security
for advances on .......... .* * * * * * * * * e s a • * * * v e a s e 10 15
REGISTRATION OF LETTERS. See POSt.
Office Act....................................... 522
RELIGION.—Offences against.................... 18(3)
Disturbing congregation met for religious
Worship . .......... ............... ... ..... . . . . . . . 1863.)
Fine or imprisonment......................... 186%)
Punishment. ........... • * * * * * * * * * * * * * * s • * * * * * * * * * 1829
Obstructing or assaulting a clergyman in
the discharge of his duties ............... 1860
Imprisonment for not less than two
Yetll'S. . . . . . . . . . . . . . . . . . . . . . . . . . . . … 1869
Misdemeanor—0ffender guilty of......... | Stj9
Punishment .............. ........................ 1859
REPEALED–Acts and parts of Acts. See
Schedule A................................... ... 2247
REPEALED, CONDITIONALLY – Acts
231'ſ
F[
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
REPRESENTATION ACT........................
British Columbia—Province of......... s - - - - -
Cariboo................. e t e º e º 'º e º • . . . . . . . . . . . . . . . . . . .
New Westminster. ..... tº e s a e s m e º & e º s º • . . . . . . . . . .
Vancouver... ...................................... .
Victoria...... e sº e º e º 'º º is • . . . . . . . . . . . . . . . . . . tº w tº gº & & tº a sle s -
Yale. * * * * * * * * * * * * * * * * * * * * * * * * tº e º e º e- ºg º 'º º . . . . . . tº gº º ſº e ...
Division of provinces into electoral dis-
tricts. . . . . . . . . . * & & tº º e • * * * * * tº § { * * * * * * {} .. tº dº º º ſº º º º * * * *
Electoral districts—Division of provinces
General provisions. ............................ 'e e
Manitoba–Province of.........................
Marquette.............. • . . . . . . . . . . . . . . . . . . . . .......
Provencher. ........ * . . . . . . . . . . . . . . . . . . . . . . • • . . . . . .
Selkirk. ................ ... ......... ..................
Winnipeg. .......... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
New Brunswick—Province of.................
Nova Scotia—Province of.................. ë e º &
Number of members of House of Com-
mons for each Province....................
Ontario—Electoral districts of the Pro-
Vince of............... ..................... s e. e. e. we
Addington County. ............. • * * * * * * * .......
Algoma * * * * * * * * * * * * * * * * * * * * * * * .. tº e º & e º a º ºs e º 'º e º 'º e º &
Bothwell. ........................... ...............
Brant—North Riding........................ ...
South Riding. ........................
Brockville. ........................................
Bruce—East Riding...... • e s a • * * * * * * * * * * * * * * * * *
North Riding........ * * * * * * * * * * * * * * * * * *
- West Riding......... ~~~~
Cardwell ........ tº º is sº tº e º sº e º e s tº g e '• . . . . . . . . . . . . . . . . . .
Carleton........ tº g g g g e º 'º e º e º 'º & tº gº & e s - e. e. e. e. e. e. e. e. e. e s s e s a
Cornwall and Stormont. ............ • e e s s a • * * * * *
Dundas ......". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Durham—East Riding ........................
West Riding.................... ... • * *
Elgin—East Riding. .............. * * * * * * * * * * * * *
West Riding...................... * * * * * -
Essex—North Riding...........................
South Riding ................. § s e s tº e º ºs
Frontenac................................... ... • * * * * *
Glengarry . .......................................
Grenville—South Riding.....................
Grey—East Riding.............................
North Riding...........................
South Riding........... ...............
Haldimand ........................................
Halton ............................ ..................
Hamilton–City of.............................:
IIastings—East Riding.. .... * * * * * * * * * * * * * * * * *
North Riding .....................
West Riding. .....................
Huron—East Riding ...........................
47
62
63
63
63
63
63
47
47
64
63
64.
63
(33
REPRESENTATION ACT-Continued.
*
Kent tº e º 'º º tº e e e º ſº e º 'º ſº e º & • * * * * * * * * * * * * * is s e º ºs • * : * * * * ... ."
Kingston–City of..............................
Lambton—East Riding. ......... tº e º e º 'º g * * g º is
Lanark—North Riding.......................
South Riding........ * * * * * * * “.....'.
Leeds—South Riding ................ .. , o is e º s is
Lennox. ........ .............…. . . . . . . . . . . . . . . .
Lincoln and Niagara...........................
London–City of................................ tº .
Middlesex—East Riding................ ......
South Riding....................
West Riding ..................... -
Monck.................................. tº e º e e º º e º e & C o
Muskoka and Parry Sound ........ tº , a s e s is a s is •
Norfolk—North Riding.......................
South Riding........... ..............
Northumberland—East Riding.............
West Riding .......... &
Ontario County—North Riding............
is South Riding............
West Riding.............
Ottawa—City of.......................... * , a s s e s a
Oxford–North Riding........................
- South [tiding...................... ..
Peel .............. • * * * - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Perth—North Riding .........................
South Riding. .......................i.
Peterborough—East Riding......... * * * * * * * *
West Riding.......... * * * * * *
Prescott....................... s s • * * * * * * * * * * * * * * * * * * "g
Prince Edward ..................................
Renfrew—North Riding........ * * * e s is e º a s tº e s is
Russell............................ ..................
Simcoe—East Riding ................ “......
- North Riding........................
South Riding....................... •
Toronto Centre............ ........….......
Victoria—North Riding ......................
South Riding. .................... tº
Waterloo–North Riding......... ... .........
South Riding.....................
York—East Riding.............................
North Riding......... ..................
West Riding .......................... &
Prince Edward Island—Province of........
Provinces included in the Act.............. e
Quebec—Province of............................
Argenteuil .........…...... … ............
:
:
3.
:
:
5 L
49
West Riding............... * * * * * * * * * * *
54
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
REPRESENTATION ACT-Continued.
Bellechasse.......... .................. ............
Berthier................. . .................. ... tº dº e º tº º
Bonaventure.................... .............. . . . .
Brome. ................................... .........
Chambly............... “........................
Champlain.......... & d e is e º & e º º sº a • e º ſº e º $ tº e a tº is s g º e º 'º a
Charlevoix................... .....................
Chateauguay................... ........ 4 g º ºs e e s tº º tº
Chicoutimi and Saguenay...................
Compton............................ ...............
* -
E}rummond and Arthabaska................
Hochelagº................... .....................
Huntingdon .......................................
Iberville.................. “a s a s e s a e º 'º e º s e s e e º s s e º e 4 ..
Jacques Cartier..................................
Joliette ............... ..............................
Kamouraska................................. …
Laprairie. ............. • * * * * * * * * * * * * * * * * * * * * * * * * * * *
L'Assomption ....................................
Laval ..….….. ….................
L'Islet .................. .......... .... .............. -
Lotbinière........ ................................. -
Maskinongé .......................................
Megantic ...........................................
Missisquoi.........................................
3Montcalm ..........................................
Montmagny .......................................
* Montmorenci ................... ..................
Napierville ........ ......' ....... ......... .........
Nicolet................ ......................... .....
Ottawa—County of ............................
Pontiac ........... … ..…....... ... .........
Portneuf................ • . . . . . . . . . . . . . . . . . . . . . . . . .
Quebec Centre.....................................
g County of .......................... . . . . .
East .......................................
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * s m = e º e a
Soulanges..........................................
St. Hyacinthe....................................
St. John's..........................................
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
55
55
54
55
55
5
5
:
.
:
57
REPRESENTATION ACT-Concluded.
Three Rivers ........... ° à e s is a tº 4 º' is tº º & e is a g º e º ºr q tº a tº g º & 61
Two Mountains ........... ... … 55
Vaudreuil .................................. . . . . . . . . 54
Verchères.......................................... 55
Yamaska................... ........................ . 55
Short title ...................... ................. :... . . 47
REPRESENTATION IN THE HOUSE OF .
COMMONS. See Dominion Elections
Act .................... .. ~~~~... 89
REPRESENTATION OF THE NORTH-
WEST TERRITORIES. See North-
West Territories Representation Act. 65
RESCUES. See Escapes and Rescues......, 1865
RESIGNATION OF MEMBERS. See House
of Commons, &c. ......... • * * * * * * * * * * * * * * *... . . 192
RETURNS BY CERTAIN FERSONS AND
CORPORATIONS RECEIVING
MONEYS ON DEPOSIT AT IN-
TEREST-An Act respecting .......... 1691
REVENUE. See Inland Revenue Act....... 413
REVENUE AND AUDIT ACT. See Audit .
Act, &c........................................... 265
REVISED STATUTES OF CANADA—
An Act respecting the............... ...... ix.
REVISING OFFICER, not to be a candi-
date, &c. See under “ Nomination of
Candidates” .................................. 94.
REVISING OFFICERS, &c.—Appointment
of See under Electoral Franchise
Act................................................ 27
RIOTS, UNLAWFUL ASSEMBLIES AND
BREACHES OF THE PEACE—Arl
Act respecting....... ........ ......... ........ 1837
Persons suppressing riot, justified ......... , 1838
Proclamation in case of riot .................. 1837
Punishment for affray ....... * * * * * * * * * * * * * * * * * * * * 1840
riot .............................. 1840
{{ rout......... ..................... 1839
unlawful assembly......... 1839
Rioters demolishing church, place of
divine worship, house, stable, office,
shop, &c., guilty of felony................ 1839
Punishment of............... .................... 1839
Rioters injuring buildings, machinery,
&c., guilty of misdemeanor ............. 1839
Punishment of.................................... 1839
Sheriff, &c., may enjoin persons riotously
assembled to disperse ................ … 1837
Form of proclamation......................... 1837
Persons making opposition or continu- -
ing assembled, guilty of felony...... 1837
Apprehension of.............................. 1838
Punishment of................................. 1837
Time of prosecution of limited ......... 1837
Unlawful meetings for drill prohibited.... 1838
H;
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
RIOTS, UNLAWFUL ASSEMBLIES AND
* BREACHES OF THE PEACE–Concluded. -
Meeting may be dispersed, and persons
attending it arrested....................... , 1838
Punishment of persons acting as in-
StructorS at........… 1838
... Of persons receiving instruction at.... 1838
. Time for prosecution limited ........ ....... 1839
•
SABLE ISLAND. See Lighthouses, &c. 997
SAFETY OF SHIPS AND THE PREVEN-
TION OF ACCIDENTS ON BOARD
THEREOF-An Act respecting the... 1111
Dangerous goods................................. 1 116
Master may refuse to receive package of 1117
May be forfeited by order of court....... 1117
May be thrown overboard without lia-
bility, When................................. I l 17
Sending under false description. ......... 1 117
Penalty, $2,000................... ............ 1117
Sending, unmarked, in ships,............... 1116
Penalty, $500 ................................. 1116
Penalty, $40, in what case............... | I]. I
Deck loads............................ ............... 1 113
British Columbia—Vessel sailing from.. 1114
Certain modes of carrying cargoes for-
bidden ................'•' . . . . . . . . . . . . . . . . . . . . . . . . . 1 | | 4
Certificate of customs officer............... ll 14
Certificate to be given before clearing... 1114
{{ i & before sailing.... I 114
Customs officers to ascertain that ship is
not loaded contrary to this Act be-
fore clearing........................... ". . . . . . . . . 1 113
Penalty for evasion of this Act............ 1 114
Penalty for violation respecting.......... 1114
Sailing with intent to evade this Act, a
misdemeanor ................... ...... ......... 1114
Seizure and sale of ship to secure pay-
ment of penalty.............................. | | | 5
Ships sailing in winter........................ | 113
- {{ to West Indies.......... ...... 1 114
Disorderly passengers.......... * * * * * * * * * * * * * * * * * 11 15
Disorderly persons on board steamers.... 1116
Exemption of Her Majesty's ships. ......... I Ill
Injuring or obstructing steamer............. 11 16
Interpretation ................... ................ 1111
“Master”............. ...... ..................... l] I l
“Minister "....................................... 1 ill
“Ship " ................... ........................ 111 ||
“Ships belonging to Her Majesty”...... 1 111
Master of steamer may detain or arrest *
| RIVER, POLICE OF THE HARBOR OF
QUEBEC. See Harbor and River
Police, &c. .......... ..., * * * * * * * * * * * * * * *… 1235
ROADS AND ROAD ALLOWANCES IN
THE PROVINCE OF MANITOBA.
See Manitoba–Roads, &c. ......... ..... . 715
ROBBERY, &c. See Larceny Act............. 1908
ROYAL MILITARY COLLEGE,.............. 643
S
SAFETY OF SHIPS AND THE PREVEN-
TION OF ACCIDENTS ON BOARD
THEREOF-Concluded.
Penalties ............................................. | | | ||7
Application of................ * * * * * * * * *... • . . . . . . . . . . 1 118
How to be enforced............................ T 117
Jurisdiction of justice of the peace. ...... 1118
Penalty not exceeding $10 for the follow-
ing offences.................................... 1 115
Disorderly persons attempting to enter, 1115
{ . “ refusing to leave. ... 1115
Forcibly entering .................. … 1115
Non-payment of fare........................... 1 115
Repeal of Merchant Shipping Act, 1854,
iº in part......... .................................. 1 118
Survey of ship...................... ......... 11) 1, 1112
Unseaworthy ships .................. • - - - - - - - - - - 1 l l L
Appeal from decision of surveyor......... * 1112
Appellate Court—Order of.................. | | 12
Complaint, how to be made....... ......... | | | 2
Costs of survey................... ............... | | | 2
Detention of ship .............................. | 1 || 1
Minister may declare ships unsea-
Worthy, after survey........................ 1 111
Penalty for impeding surveyor............ } 1 12
Powers of persons appointed to survey. 1112
Sending unworthy ship to sea, a misde-
meanor, unless, &c................. . .......... 1112
Survey of ship on complaint............... 1 | | I.
SALARIES OF CERTAIN PUBLIC FUNC-
TIONARIES, &c.—An Act respect-
ing................................................. | 7
Crawley, H. W., formerly Crown Land
Commissioner in Cape Breton........... 18
First Minister ....................................... | 8
Hankin, Capt., late Colonial Secretary
of British Columbia........................ 18
Indian Annuities for Ontario and Quebec. 18
Lieutenant Governors.............. • . . . . . . . . . . . . 17
Ministers of the Crown......................... 17, 18
Secretary of Governor General............. 18
SALARIES OF JUDGES. See Judges of
offender …........................... 1 l l (;
Provincial Courts, ........ • * * * * * * * * * * … 1707
GENERAL INDEX. 117
The figures denote the pages which are numbered at the bottom.
SALE OF RAILWAY PASSENGER
TICKETS ... .............. & is g g g g g tº tº . ............ 1527
SALMON.—Inspection of, &c. See General
Inspection Act. ............................... 1314
SALVAGE. See Wrecks and Salvage Act. 1193
SAVINGS BANKS. See Government Sav-
ings Banks.................. • * - - - - - - - - - - - * . . . . . . 1631
And Post Office Savings Banks............ 539
SAVINGS BANKS IN THE PROVINCES
OF ONTARIO AND QUEBEC–An
Act respecting............…............... 1637
Bank notes not to be issued. ............. ". . . . . 1644
Charitable institutions....................... ... 1644
Sharity fund, Quebec. ........ tº e º 'º is a º ºs e º e º a s s a 1644
Poor fund at Montreal........................ 1644 |
Charters continued............................... 1637
Collateral security................................. 1642
Enforcement of payment of.................. 1642
Flow far bank accountable .................. 1643
Loans made on................................... 1642
Other recourse not affected.................. 1643
Sale, how made. ................................. 1643
Transfer in case of sale....................... 1643
Deposits and loans............................... 1641
Deposits by persons incapable of making
contracts ......... ........ ‘.…............. 1641
Limit in such case.............................. 1641
Deposits on call in chartered banks......... 1643
Directors, &c....................................... 1637
Dividends and notice thereof.............. ..., 1639
Dominion securities—Amount to be in-
Wested in. ......... ......... ..................... | 642
Election of directors ............................ 1637
Failure to elect directors. ................... ... 1638
General provisions................................ 1644
Internal regulations. ......... ................ . . . . 1637
Directors, &c. ................... • . . . . . . . . . . . . . . . . 1637
Election of............... • . . . . . . . . . . . . . . . . . . . . . . 1637
Qualification of............................... 1637
Insolvency of directors.........“............ 1638
Notice of meetings............................. 1637
Votes on shares. ................................. 1637
Interpretation...................................... 1637
Investment of deposits................. 1641, 1642
Joint holders of shares........................... 1640
Liability of directors ................... ........ 1639
{ { shareholders....................... 1639
After transfer within one month. ......... 1639
Loans on certain securities on real pro-
perty forbidden. .............................. 1642
Mortgaged property.............................. 1643
Absolute title, how acquired............... 1643
Power of sale .................................... 1643
Purchaser of ..................................... 1643
Offences and penalties........................ • * * * I 645
Defacing, altering, &c., books........ ..... 1645
SAVINGS BANKS IN THE PROVINCES
OF ONTARIO AND QUEBEC-Concluded.
Falsely pretending to own deposits...... 1645.
Making false statement, &c.................. 1646
Officers, clerks, &c.. ....... ... ......... ......... 1645.
Penalties—Offences and ........................ 1645
Qualification of director........................ 1637
Recovery of calls by action ............ … 1638
Returns. ........................... tº e º is e o 'º & . . . . . . . . . . . 1645
Annual lists of shareholders for Parlia-
ment........................... .................... 1645
Monthly, to Finance Minister............... 1645
Schedule of liabilities and assets........... 1646
“The bank ''—Meaning of ................... ... 1637
Transfer of shares and deposits.............. 1640.
Transmission of shares or deposits other
Wise than by transfer....................... 1640
Authentication of declaration for, out
of British possessions....................... 1640
By marriage.......................... . . . . . . . . . . . . . 1641.
Corroborative evidence................ . . . . . . . 1640.
Declaration in such case ..................... 1640.
Payment—Discharge of bank by ......... 1641
Testamentary instrument, &c............... 164
Trusts—Bank not bound to see to . ...... ... 1644
Valid—Payments when. ........ , ſº tº e º is $ $ e º 'º e s tº & © & J 642
SCHEDULE A–ACTS AND PARTS OF
ACTS REPEALED. ........................ 2247
Acts of New Brunswick since Revised
Statutes.......................................... 2261
Acts of Nova Scotia, not repealed by the
Revised Statutes, 3rd Series. ............ 2257
Acts of Nova Scotia subsequent to the
Revised Statutes, 3rd Series.............. 2257
Acts of Prince Edward Island since Re-
vised Statutes ................................. 2.276
Acts of the Parliament of Canada........... 2.277
|British Columbia—Revised Statutes of.... 2265
Canada—Acts of the Parliament of......... 2.277
Canada—Consolidated Statutes of......... 2247
Canada—Statutes of the late Province of 2.
Consolidated Statutes for Lower Canada. 2:
)
.Consolidated Statutes for Upper Canada. 2248
Consolidated Statutes of Canada............ 2247
Local and Private Statutes, New Bruns-
Wick, Vol. III......... ......................... 22(30
Lower Canada—Consolidated Statutes
for..................................... … 22:49
New Brunswick—Acts of, since Revised
Statutes.......................................... 220 l
New Brunswick—Local and Private Sta-
tutes, Vol. III.................................. 2260
New Brunswick—Public Statutes of Vol.
II................................~~~~ 2259
New Brunswick—Revised Statutes of
Embezzlement, &c............................. 1645
Vol. I............... .............................. 2258
118
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
SCHEDULE A–ACTS AND PARTS OF
ACTS REPEALED—Concluded.
Nova Scotia—Acts of, not repealed by
- the Revised Statutes, 3rd Series.......
Nova Scotia—Acts of, subsequent to the
Revised Statutes, 3rd Series.............
Nova Scotia—Revised Statutes, 3rd Series
Parliament of Canada–Acts of the.........
Prince Edward Island—Acts of, since Re-
vised Statutes..................................
Prince Edward Island—Revised Statutes
of...................................................
Public Statutes of New Brunswick, Vol. II
Revised Statutes, Nova Scotia, 3rd Series.
Revised Statutes of New Brunswick, Vol. I
Revised Statutes of Prince Edward Island
Statutes of the late Province of Canada.
Upper Canada—Consolidated Statutes for
SCHEDULE B–ACTS AND PARTS OF
ACTS NOT CONSOLIDATED . ......
Acts of New Brunswick since the Revised
Statutes............... … …
Acts of Nova Scotia not repealed by the
Revised Statutes, 3rd Series. ............
Acts of Nova Scotia subsequent to the
Revised Statutes, 3rd Series.............
Acts of the Parliament of Canada. .........
British Columbia–Revised Statutes of ...
Canada—Acts of the Parliament of.......
2267
2259
2255
2265
2258
2267
2
2
2.
O
e-d
2299
2304
2302 |
2303
2308
2305
2308
2299
Canada—Statutes of the late Province of 2300
Consolidated Statutes for Lower Canada: 2300
Consolidated Statutes for Upper Canada 2:
Consolidated Statutes of Canada ..........
Local and Private Statutes of New Bruns-
wick, Vol. III .................................
Lower Canada–C
onsolidated Statutes .
New Brunswick – Acts of, since the Revis-
ed Statutes................. * * * * * * * * * * * * * * * * * * * * *
New Brunswick— Local and Private Sta-
tutes of Vol. III..............................
New Brunswick — Public Statutes of
Vol. II...........................................
New Brunswick — Revised Statutes of,
Vol. […...............................
Nova Scotia–Acts of, not repealed by the
Revised Statutes, 3rd Series.............
Nova Scotia - Acts of, subsequent to the
Revised Statutes, 3rd Series
Nova Scotia—-Revised Statutes, 3rd
Series. . .......................................... I2302
Parliament of Canada – Acts of the .... ... 2308
Prince Edward Island–Revised Statutes
50 .
48 |
SCHEDULE B–ACTS AND PARTS OF
Public Statutes of New Brunswick, Vol.
- II...................................................
Revised Statutes, Nova Scotia, 3rd
Series. … …
Revised Statutes of British Columbia.....
Revised Statutes of New Brunswick,
Wol. I........ ~~~~ 's a
Revised Statutes of Prince Edward Island
Statutes of the late Province of Canada.
Upper Canada—-Consolidated Statutes
for .................................................
ACTS CONDITIONALLY REPEALED
British Columbia—Revised Statutes. ......
Canada—Consolidated Statutes of .........
Canada—Statutes of the late Province of
Consolidated Statutes for Lower Canada.
Consolidated Statutes for Upper Canada.
Consolidated Statutes of Canada ...........
Local and Private Statutes of New Bruns-
Wick, Vol. III................................,
Lower Canada — Consolidated Statutes
for......... ............................ ............
New Brunswick—Local and Private Sta-
tutes of Vol. III.............................. -
New Brunswick—Revised Statutes of,
Vol. I.............................................
Nova Scotia—Statutes of, subsequent to
the Revised Statutes, 3rd Series. .......
Revised Statutes, British Columbia.......,
Revised Statutes of New Brunswick,
Statutes of Nova Scotia subsequent to the
Revised Statutes, 3rd Series.............
Statutes of the late Province of Canada.
Upper Canada—Consolidated Statutes for
SCHEDULES. See “Schedule'' under the
several titles of Chapters of the Re-
vised Statutes.
SEA FISHERIES.–An Act to encourage
the development of, and the building
of fishing vessels........... ~~~~
Annual grant of $150,000.......................
Appropriation of grant.........................
Yearly report to be laid before Parliament
and What it shall show.....................
SEAMEN IN THE NAVY-An Act respect-
ing the prótection of the Property of
Having possession of seaman's property
Penalty..............................................
What shall be deemed having in posses-
s tº $ tº * * * * * * * * * * * * * * s e º e e s ∈ º e s e e º e º e º e s e e g º e º e º e a º
ACTS NOT CONSOLIDATED–Concluded.
2302
2305
2303
2306
2300
SCHEDULE C–ACTS AND PARTS OF .
231'ſ
23 18
2317
23.18
231'ſ
2317
231'ſ
23.18
23 18
23 18
2318
23.18
23 18
2317
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . . . . . . . . . . . . . . . . . . $ 2306
GENERAL INDEX.
- 119
The figures denote the pages which are numbered at the bottom.
SEAMEN IN THE NAVY-Concluded.
“Admiralty”.................................... 1985
“Seaman’’............................... ~ 1985
“Seaman's property”......................... 1985
Nothing in this Act shall prevent indict-
.* ment under this or any other Act...... 1986
Purchasing, selling, &c., seaman's pro-
perty............................. ... … ... 1985
Penalty.............................................. 1985
SEAMEN–Shipping of on inland waters.
See Inland Waters, Seamen's Act...... 1089
SEAMEN–Sick and distressed. See Sick
and Distressed Mariners, &c.............. 1105
SEAMEN'S ACT. .................................... 1035
Abroad—Leaving seamen....................... 1053
A CCOmmodation of seamen.................... 1059
Inscription over entrance..................... 106()
Inspection.......................................... 1059
Inspection on complaint...................... 1060
Penalty, for contravention generally.... 1060 |
Penalty, if not kept clear of goods....... 1060
Privies.................. ............................ 1059
Shelter, light and ventilation............... 1059
Space for each man............................. 1059
To be kept from stores.................. . . . . . . 1060
Advance notes ............................... 1041, 1043
And See “Allotment of Wages” in this
Act.................................... ............ 1045
Allotment of wages............................... 1045
A llotment notes............ ..................... 1045
Form of, See Schedule B................... 1082
How recoverable................................. 1045
Penalty for false statement.................. 1046
i’roof in actions for............................. 1046
Who may sue for................................. 1045
Wife of seaman may lose her right to by
misconduct......... . . . . . . . . . . . . . • * * * * * * * * * * * * * * 1046
Allowance for short provisions............... 1057
Application of forfeitures................... ... 1069
Application of this Act.......................... 1036
Apprenticeships................ • a s • * * * * * * * * * * * * * * 1040
Apprentices and their indentures to be
brought before shipping master be-
fore each voyage........................... 1041
Penalty for default........................... 1041
Assignment of indentures......... • • . . . . . . . . . 1040
3)eath or desertion of apprentice—No-
tice of to be given........................ 1040
Penalty for default.......................... 1040
Indenture to be recorded ..................... 1040
Shipping master to assist..................... 104()
Articles of agreement. See, Engagement
of seamen, in this Act.... .. e = * * * * * * * * * * * * * * 1041
Form of, See Schedule......... . . . . . . . . . . . . . . . . 1080
Articles—Ships'. See, Engagement of sea-
SEAMEN'S ACT –Continued.
Form of See Schedule................... ...... 1080
Change of master during voyage............. 1071.
Compensation for bad provisions............ 105.7
Complaints—Power of making............... 10(30.
Costs of convictions not exceeding $12,
may be deducted from wages............ 1068
Crimes committed on the high seas or
abroad............................................ 10'71
Deceased seamen—Wages and effects of... 1951
Deserters—Enticing and harboring........ 1070
May be sent on board in lieu of impri-
Sonment....................................... 1067
Costs in such case........................... J 0(38
Discharge and payment of wages............ 1046
Certificate—Master to give.................. 104.7
Penalty for default......................... 104.7
T) ischarge to be made before shipping
master… J 0.46
Exceptions. ............................. ... • - - - - - I ().ki:
Penalty for default. ........................ I ()-46
Master to deliver account of wages...... 1046
Questions decided by shipping master... 1047
Ship's papers—Masters, &c., to produce
and give evidence..................... ..... 1047
Penalty for default.......................... 104.7
Discipline. ......... ................................. 1064
And See Offences, &c. ........................ 1065
Endangering ship or life or limb, a mis-
demeanor... .................................... 1064
Engagement of Seamen......................... 1041
Advance and allotment notes. ............. 1041
Advance notes, when to be given.......... 1043
When to be payable ........................ 1043
Agreements to be entered into with
masters of Canadian ships...... 1041, 1042
Form of—Schedule A....................... 1080
Alterations, &c., of agreement—How
attested.......................................... 104.4
Articles of agreement......................... 104.l
Form of—Schedule A. ..................... | ()80
Certificate from shipping master, of
agreement being signed. .................. 1044.
Certificate of competency, when to be
produced by master ........................ 104.4
Compensation in case of discharge be-
fore Voyage............................ • * s • * * * * * 1045
Discharge of Seamen........................... 1042
Evidence—Seaman may give, without
production of agreement.................. 1045
Falsifying agreement.......................... 1045
Penalties. ............ . . . . . . . . . . . . * * * * * * * * * * * * * * * * * * * 104.4
Penalty for carrying seamen without
agreement.......................... . . . . . . . . . . . . . 1043 .
Running agreements, in case of short
V0Y&geS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.
men, in this Act. ............................. 1041
Iłow to be executed.................... tº ſº º tº º 1043.
'120
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
• SEAMEN'S ACT-Continued.
SEAMEN'S ACT-Continued.
“Canadian home-trade ship ''....... ... ... 1035
“Consular office ’’...... . . . . . . . . . . . . . . . . . . . . . . ... 1035
‘‘Master’’........ * * * * * * * * * * * * * * * * * . . . . . . . . . . . ... 1035
“Minister’’........ . .............................. 1036
‘‘ Seaman "............... ...................... ... 1035
“Ship’................. • . . . . . . . . . . . . . . . . . . . . . . . . . 1035.
“Ships belonging to Her Majesty”...... I035
“The said Provinces ''.............. * * * * * * * * * * 1035
Leaving seamen abroad......... ................ 1053
Certificate of discharge to be given...... 1053
Discharge of Seamen abroad................ 1053
Discharging or leaving abroad, when a
misdemeanor ................. ... ......... 1054, 1055
Draft on owner—Effect and proof of.... 1055.
Forcing seaman ashore, a misdemeanor. 1054
Governor in Council may pay expenses
of relief of Canadian seamen found
abroad in distress.......... e e a tº a tº e sº • - - - - - - - - - 1056
Penalty for false account............ ......... 1056
Penalty for refusing or neglecting to
deliver full account of wages and to
bay the Same................ .................. 1056
Power to sue for amount advanced for
relief of seamen left abroad............ 1056.
How recoverable.................... ......... 1056
Proof of certificate to be upon master... loã5
Recovery of expenses..................... • * * * * 1054
Seamen to be sent home at expense of
OWnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1053
Wages to be paid when seamen are left
behind on the ground of inability...... 1055
Legal procedure. .......... ........................ 1073
Act respecting summary proceedings... 1074
Adjournment of court........ * * * * * * * * * * * * * * * * * 1076.
I}efore whom offences may be tried....... 1074
Constables, &c., to be remunerated...... 1076
Conviction not to be disturbed for want
of form................... ........ • * - - - - - . . . . . . . . . 1075
Evidence of seaman in his own behalf... 1075.
Examination of witness about to leave,
&c......... ......... ............................... 1076.
Imprisonment in default of distress...... 1074
Judge of Vice Admiralty—Order of, re-
quired to authorize justice to issue
Warrant .................. .............. • * * * * * * * * * 1077
Limitation of time........................ 1073, 1074
Penalty for obstructing police officer, &c. 1077 *
To be signed before shipping master. ... 1041
Enticing to desert and harboring deserters 1070
Entries in log-book, how to be signed .... 1073
To be received as evidence.................. 1073
Entries in log-book, to embrace—
Births................................................ 1072
Collisions... ....................................... 1073
Conduct, &c., of crew ........................ 1072
Convictions.......................... . . . . . . e º 'º e v 1072
Deaths. ............................................. 1072
Illness and injuries..........'• * * * * * * * * * * * * * * * * * * 1072
Marriages.........…........…... ... 1072
Offences............................................. 1072
Punishments ................ ..................... 10'72
Quitting ship. .................................... 1072
Sale of deceased men's effects.............. 1073
Wages of deceased seamen .................. 1072
Of men entering navy...................... 1072
Entry and report of examination of pro-
visions and water ... ........................ 1057
Entry of offences in log-book.................. 1066
Copy of, to be given to offender........... 1066
Reply to be entered............................ 1066
Expenses of medical attendance, &c....... 1058
How defrayed.......................... > * * * a s e s - e. 1058
If paid by consul, to be recoverable from
OWIleſ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1059
Injury in Service of ship. ................ • * * * * * * * 1058
Medicine and attendance..................... 1058
Reasonable expenses........................... 1059
Removal in consequence of infection. ... 1058
Facilities for proving desertion, so far as
concerns forfeiture of wages............. 1068
Fines to be deducted from wages and paid
to shipping master........................... 1070
Foreign ships....................................... 107 7
Conditions under which this Act ap-
plies to ..….................................. 1077
Extension and application of this Act
to .................. ............. .................. I ()77
Justice not to act as regards foreigners
in, except, &c.............. . . . . . . . . . . • * * * * * * * * 10TS
Oath of master of, to be proof that sea-
man is bound to serve...................... 1078
Forfeiture—Amount of, how ascertained
when seamen contract for the voyage 1069
Forfeiture for frivolous complaint........... 105.7
Forfeiture—Question of, may be decided
in suit for wages............................. 1069
Form of oath of shipping master, &c...... 1037
Harboring deserters.............................. 1070
How fines shall be deducted and paid
OWCT. . . . . . . . . . • * * * * * * * * * * * * * * * * * ... • - - - - - - - - - - - - - - - - - 1070
Interpretation..................................... 1035
“Board of trade ''.............................. 1036
“Canadian foreign sea-going ship ’’..... 1035
Recovery and application of penalties. . 1074
Right of police officer, &c., to enter
taverns, &c..................................... 1077
Warrant to apprehend deserters, how
obtained ...................... ............... 1075
Oath required in what cases............. 1076
Warrant to search for seaman, how ob-
tained.…........…. 1075
Log-books................ ........................... 1072
ºts
GENERAL INDEX.
12t
*----------------4----- - - - - - - - - - ... . ...
*~
The figures denote the pages which are numbered at the bottom.
SEAMEN'S ACT-Continued. ..
And see Entries in, &c., in this chapter. 1072
Master—Change of, during voyage........ 107]
Master of ship to furnish blank forms re-
quired by this Act................. • * * * * * * * * * 1078
Master or owner may apprehend desert-
ers without warrant....... * * * * * * * g º e º w w e º 'º º 'º a 1067
Medical attendance .......... . e s a • e º s º e s e e º º e g a e º & 1058
“Merchant Shipping Act 1854,” how far
repealed................. * e a s = e º 'º e º e º a e s e - e. e.*… 1079
Mode of recovering Wages..................... 1049.
Mutilating log-book, a misdemeanor....... 1073
No person to go on merchant ship with-
out leave................... . ... • * * * * * * * * * * tº º e º 'º - - - I 063
Arrest of offender ........ & e º is e e > * * * * * * * * * * * e s e - e. 1064
Punishment for so doing—
When armed .................................. 1063
“ unarmed ...................... ......... 1063
Offences, &c., and their punishment ...... 1065
Assault on officers.............................. 1066
Combining to disobey......................... 1066
Continued disobedience ...................... 1066
Desertion .......................................... 1065
Neglecting or refusing to join ship or
to proceed to Sea.............................. 1065
Quitting without leave before ship is
Secured .......................................... 1065
Smuggling, causing loss to owner ....... 1066
Wilful damage or embezzlement .......... 1066
Wilful disobedience............................ 1066
Payment of wages—Discharge and......... 1046
Penalty for apprehension without cause.. 1067
For false statement as to ship or names. 1069
For loitering near ships...................... 1064.
Boat may be detained, &c. ............... 1064
For solicitations, &c., by lodging-house
keepers ................................. • * tº e º e º e & 1064
If necessary provisions are not obtained 1057
Persons going into ships without leave
liable to penalty.............................. 10(33
Power of making complaints.................. 1060
Seamen to be allowed to go ashore to
1050'
1049.
1051
1050-
1050.
105l.
1050.
1051
1049,
1050.
1079.
108{},
1084.
1080
1088.
1085.
1085
1088
1086.
1083
10t;8.
1053.
1067
1036.
1039,
1037
1037
1039,
1039.
1038.
1038.
make complaint .............................. 1060
Protection of seamen from imposition..... I062
No debt exceeding $1.00 recoverable
till end of Voyage............................ 1062
Penalty for detaining effects of seaman. 1063
For over charging seaman............... 1063
Tavern-keepers—Debts owing to ......... 1062
Wages, cannot be attached ................. 1062
Not affected by assignment............... J.062
Power of attorney or...................... 1062
Sale of vessel.….......................... 1062
Wearing apparel—Liability of, limited. 1062
Provinces to which this Act applies....... 1036
Provisions, health and accommodation... 1057
Punishment of stowaways..................... 107 I
*
SEAMEN'S ACT-Continued.
Recovery of wages
Judges may make order for payment of
Wages -
Master or owner may be summoned to
39DC81 . . . . . . . . . . . . . . . . . . . . . . . • * * * * * * * * * * * * * * * * * * *
Master to have same remedies as sea-
• a s e º e º e s a e º 'º e º e s & e º 'º - º e º e s tº e º e
* g º a 6 tº e º a c e s 6 e º & s e a e º ºs e º 'º e º 'º tº e º 'º.º. P. tº º e tº e º 'º º tº
tº º e s e º 'º - e º e º ºs e - e º e º sº e º 'º - 8 s tº e º a tº e s e º 'º - e º ºs e e a º º is ©
Person liable may be committed, when.
Restrictions on suits for wages in su-
perior courts ..................................
Seamen not to sue for Wages abroad, ex-
cept in cases of discharge or danger
of life.................................. • e s e o e s • * * *
Ship may be levied on, when........ s ∈ e º 'º e &
Suits brought unnecessarily in superior
courts, no costs to plaintiff..............
Summary remedy. ..............................
Warrant of distress may be issued.......
Repealing clause...................................
Schedule of Forms. ..............................
Account of Wages........................... C.
Articles of agréement............. • * * * * - - - -A.
Authority for allotment notes.......... G.
Certificate of discharge............. ......D.
- {{ shipping master. ......... E.
Official log-book.............................H.
Regulations, &c............................ ... F,
Seaman's allotment note.................. 13.
Seamen imprisoned for desertion, &c.,
may be sent on board before cypiry of
Seamen left abroad...............................
Seamen whom masters are compelled to
convey, subject to discipline, &c.......
Shipping masters— *
Appointment of..................................
Dispensing with superintendence of......
Duties of, in detail. .................... .........
Duty of in cases of suspected desertion.
Pees payable on engagement or dis-
charge of Scamen .........................
Masters to pay and deduct from wages
Other persons not to ship Seamen.........
Penalty for employing other than ship-
ping master to provide Seamen.......
Each seaman to constitute a separate
offence........... .............................
Penalty for procuring seamen for reward
Penalty for receiving more than lawful
fees........ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Penalty on master, &c., refusing to give
information........ * * * * * * * * * * * * * * * • a s e s e s - e º
Persons hired contrary to this Act not
to be received
Powers of, under Imp. Statute 22 and 23
Vic.., c. 40, as to Naval Reserve Force.
* * * * * * * - e. e. e. e. e º is e g º a g º e º 'º e s a s
1038
1038.
1039,
GENERAL INDEx.
*
The figures denote the pages which are numbered at the bottom.
SEAMEN's ACT-Concluded. ,
Returns of fees to be made to Minister. 1039
Shipping offices.................................... 1036
May be conducted at custom house,
when.................................... . . . . . . . 1036
Shipping masters, &c........................... 1036
To give security............ . . . . . . . . . . . . . . . . ... 1036
To take oath of office...... • * * * * * * * * * * ....... 1037
Where to be established. .................... , 1036
Who ineligible for shipping master or
deputy ............. … 1036
Ships' articles— -
See Engagement of seamen in, this
Act.......... ......................... 104l et seq.
Form of See Schedule.................... 1080
Stowaways—Punishment of.................. 1071
Survey of provisions and water. ...... ...... 1057
Survey of ships alleged to be unseaworthy. 1061
. As to seamen charged with desertion ... 1061
€osts of the survey. ............................. 1062
Power of Surveyors ............................ 106]
Survey and report ................. ............. 1061
Wages—Allotment of........................... 1045
Wages and effects of deceased seamen.... 1051
Entry in log-book, how attested. ...... ... 1052
Entry in log-book to contain statement
of property ......... ........................... 1052
Entry in log-book to contain statement
of wages............... e e s s e e º a tº e. e. e s a e e * * * * * * * * * 1052
How money, wages and effects may be
recovered........................................ 1052
Master's duties in such cases................ 1051
Penalties for not taking charge of or
remitting or accounting for money
and effects.................... .................. 1052
Penalty for failure to report to Minister 1053
Shipping master's duties in such cases. 1052
Wages—Discharge and payment of........ 1046
Wages, &c.—Legal rights to.................. 1048
Illness caused by wilful act or default... 1049
Not to depend upon earning of freight... 1048
Payment of, in case of death............... , 1048
Period within which wages are to be paid 1049
Refusal to work or, during imprisonment 1049
Seamen not to forfeit lien, &c.............. 1048
Salvage Services excepted................. 104.8
Termination of service in case of wreck
or illness.................................… 1048
When to begin.............. • a s tº e < * * * * * * * * e s p * * * * * 1048
Wages—Mode of recovering........... • - - - - - - - 1049
Weights and measures—Masters to keep .
on board ........................................ 1058
SECRECY., BY OFFICERS AND PER-
SONS EMPLOYED ON TELE-
GRAPH LINES-An Act respecting. 1759
Declaration by operator........................ 1759
SECRECY BY OFFICERS, ETC., ON
TELEGRAPH LINES–Concluded.
By operator making declaration......... ... 1759
By other operators..................... ......... 1759
Registration of declaration ....... e º e º 'º a ...... 1759
Schedule—Form of declaration of oper- -
ator......... . • * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * > * 1760,
Telegraph operators to make a declaration -
of Secrecy ......................... .............. 1759
Exception in certain cases .................. 1759
SECRETARY OF STATE–An Act respect- -
ing the Department of the ......... . . . . . . . 253.
Deputy Registrar General ........... .......... 253
Duties of Secretary of State................... 253
Registrar General of Canada. ............... 253
Transfer of duties to any other depart-
ment may be made....................... .... 254
Under Secretary of State....................... 253.
Yearly report to Parliament............ "o 4 & e º ſº tº 254
SECURITIES TO THE CROWN — Dis-
charge of................... ..................... 1559
SECURITY FOR ADVANCES ON SHIPS
IN COURSE OF CONSTRUCTION. 10 15
SEDUCING, &c. See Public Morals, &c... 1871
SEIZURE OF ARMS KEPT FOR DAN-
GEROUS PURPOSES .................... 1843
SENATE AND HOUSE OF COMMONS
–An Act respecting the ................. , 179
Acceptance of office without salary not
to Vacate seat............ ....... ....... . . . . . . . . 182
Contracts with Government — Persons
holding, shall not be members.......... 182
Demise of the Crown........................... . 179
Examination of witnesses...................... 184:
Exceptions as to disqualification............ 183
Government contracts what to contain... 183
House of Commons—Who shall not be
members of.......... ........................... 181
Ministers of Crown excepted ............... 18 l
Privy Council—Members of, excepted... 181
Indemnity of members........................... 185
Allowance for less than 31 days........... 185
Close of session—Final payment at...... 186
Days of attendance, how reckoned....... 185
Declaration to be made................... 186, 187
Forms of oath, &c......... ..................... 187
Deduction for non-attendance.............. 185
Grant for paying allowance................. 18'ſ
How paid .......................................... 186
Mileage—Allowance for...................... 186
Officers to account for moneys............. 18'ſ
Parts of a session provided for ............. 186
Independence of Parliament................, 181
Limitation of suits for penalties............. 184
Member becoming disqualified, to vacate
seat................................................ 182
-------------—-----
Punishment for divulging information.... 1759
Mennbers—Who shall not be ................. 181
GENERAL INDEX. * 123
g
The figures denote the pages which are numbered at the bottom.
SENATE AND HOUSE OF COMMONS
—Concluded.
Ministers of the Crown—Seats of, not va-
cated when. … 181
‘ Oaths, by whom administered................ 185
Form of. See Schedule................ ........ 187
Penalty on disqualified person, sitting or
Voting............................... * * * * * * * * * * * * * 182
How recoverable ......... tº a tº e s e a e º e º sº s & e º e º e º 'º 182
Privileges and immunities of members
and officers. ......... g a e º 'º e s a e a e s s a e e s ∈… 179
Certificate of speaker of Senate evi-
dence in criminal or civil proceedings 180
Copy, evidence in what cases ............. 180
General issue—Evidence under............ 180
Judicially noticed.............................. 179
Printed copy of journals evidence of.... 180
Stay of proceedings.................... . . . . . . . . . I80
Privy Council—Exception as to............. 181
Recess—Acts done during ......... ** * * * * * * * * * * * 182
Salaries of Speakers............................. 185
Select Committee on private bills. ......... 184
Senate—Members of, shall not be contrac-
tors with Government ..................... 184
Canadian Pacific Railway .........… 184
Penalty for contravention................... 184
Exceptions...................................... 184
Shareholders in incorporated companies. 182
Canadian Pacific Railway................... 183
Speakers Salaries.................... . . . . . . . . . . . . . . 185
Witnesses—Examination of............ . . . . . . . 184
SENATE–Representation of Manitoba in. , 189
SENTENCES-Commutation of See Pun-
ishments, Pardons, &c..................... 21.8%)
SHIPPING MASTER. See Seamen's Act. 1037
SHIPPING OF SEAMEN. See Seamen's
Act.............. ... . . . . ... 1035
SHIPPING OFFICES. See Sealmen’s Act. 1036
SHIPPING SEAMEN ON INI, AND
WATERS. See Inland Waters Sea-
- men's Act. . . . . . . . . . . . . . . . . . . . . . . . . 1089
SHIPS IN COURSE OF CONSTRUCTION
—Security for advances on. . . . . . . . . . 10 15
SHIPS–Registration and classification of
See I&egistration, &c., of ships. . . . . . . 1007
SHIPS–Safety of See Safety of Ships, &c. illl
SICK AND DISTRESSED MARINERs—
An Act respecting. . . . . . . . . . . . . . . . . . 1105
Accounts to be attested and sent to Min-
ister of Marine and Fisheries.. . . . . . . . 1 109
All expenses to be paid out of “Sick Ma-
riners' Fund ".................................
Annual report to be laid before Parlia-
ment. .......................... * * * * * * * * * * * * * * * * * * * 1 109
Care and treatment of sick mariners to
be paid for out of fund created by
duty. ...................... ... • . . . . . . . . . . . . . . . . . . . . , 1108
SICKAND DISTRESSED MARINERS--Concluded
Certain hospitals to be under the control,
of Minister of Marine and Fisheries... 1109
Collector of customs, to account quarter-
ly to Minister. ................................. 1107
Collector of customs to make provision
for sick mariners where there is no
marine hospital. ............................ ... 1107
Duty on vessels arriving in certain ports. 1105
Application of such duties......... He s s w = • * * * 1106
Exemption from tonnage duty............. 1106
Fishing vessels. ................................. 1106
No entry till duty paid...................... ... 1106
Payment once a year, &c,................... 1106
Vessels arriving at one port, and con-
tinuing their voyage to another........ 1106.
Wessels of 100 tons or under................. J 106
Wessels over 100 tons.......................... 1106
Expenditure of fund, to be accounted for
and vouchers produced.................... 1109
Expenses incurred by collector of cus-
toms to be paid out of fund arising
from duty............ • * * * * * ... • , . . . . . . . * * * * * * * * * * * 1108
Hospitals for sick mariners.................... 1105
Interpretation.................................... . 1105
“Sick mariner "........................... tº e e s s a 1105
“Vessel ”.................. . . . . . . . . . . . . . . . . . . . . . . . . 1105
“Year''............................................ 1105
Masters of vessels may send their sick
mariners to hospitals, &c................ ... 1107
Minister of Marine and Fisheries—Powers
of......... ... … 1109
Shipwrecked, destitute or otherwise dis-
tressed seamen, how provided for..... 1108
Temporary relief of seamen, how pro-
vided for. ......... ............................. I 108
Vessels exempted from duty—Sick mari-
ners of, not entitled to gratuitous
treatment at hospital. ..................... 10'ſ
SODOMY. See Public Morals, &c.—A in
Act respecting. ..................... ......... 1871
SOVEREIGN-Offences against the. See
Treason, &c,................. .......... ....... 1833
SPEAKER OF THE HOUSE OF COMI-
MONS-An Act respecting the office
of.......................................... ......... 197
Absence of provided for....... ................ I97
Acts done by deputy............... ............... 197
Chairman of committees........................ 197
Deputy speaker may act............... ......... 197
SPEEDY TRLALS ACT................... ......... 209'ſ
Adjourning trial .......... . . . . . . . . . . . . . . . . . . . . . . . . 2100
Application of Act................................ 2098
Attendance of witnesses........................ 2100
Contempt—Conviction for. See Schedule
Form I?.......................................... 2103
GENERAL INDEx.
The figures denote the pages which are numbered at the bottom.
& SPEEDY TRLALS ACT-Concluded. -
Contempt—Warrant for. See Schedule
Form C .............. s, e s e º 'º e s a & e º e º ſº e º s * * * * * * * * * . 2102
Court, to be, of record........................... 2098
Election of trial by jury, under certain
Acts—Effect of............................... 2099
If magistrate decides not to proceed.
under said Acts ............ tº e º 'º e s ∈ e.......... 2099
If the prisoner pleads “not guilty”.... 2099
'Interpretation ...................................... 2097
“Clerk of the peace”........................ 2097
“County attorney ’’........... • * * * . . . . - - - - - - - - 2097
“Court of General Sessions of the
Peace”.......................... tº t e º 'º e º e........... 2097
“Judge” .............. .......................... , 2097
Judge may admit to bail, &c................ 2100
Powers of amendment........................... 2100
Powers of judge in any case tried before.
him .......... ........... e º e º s e º e º e º s se e º e... ...... 2099
Prisoner may be charged with other
offences than that for which he was
committed .......................... … 2099)
Provinces only to which Act applies...... 2008
Records of proceedings......................... 2098
See Schedules A and B. ....... ............ 2101
Records, where filed.............................. 2098
Schedules of forms ............................... 2101
Conviction for contempt................., D. 2103
Record when prisoner pleads guilty..B. 2101
When prisoner pleads not guilty ...A. 2101
Warrant to apprehend witness .........C. 2102
Several prisoners charged with the same
offence .......... … • * * * * * * * * e s see e s a s • e 2099
Short title ........................................... 2097
Speedy trial of certain accused persons
with their own consent..................... 2098
Duty of sheriff having a prisoner so
triable. ........................................... 2098
Pleading guilty ................................. 2098
Statement to be made to the prisoner by
the judge........................................ 2098
Style of court ................................... ‘.... 2098
Trial by jury—When........... ................ 2099
Witnesses failing to attend, &c.............. 2100
May be admitted to bail. ................... . 2100
Punishment for contempt ................... 2101
ST. PAUL’S ISLAND. See Lighthouses, &c. 997
STAMPS AND STAMPED PAPER AND
STAMP DUTIES. See Inland Rev-
©ſlue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... 413
STANDARD WEIGHTS AND MEA-
SURES. See Inland Revenue.......... 414
See also Weights and Measures Act...... 1375
STAPLE ARTICLES-Inspection of See
General Inspection Act.................... 1283
STATE–Department of the Secretary of
STATIONERY. See Public Printing, &c.,
Department of................................. 257
STATISTICS—An Act respecting............ 899
Annual report of Minister to contain
copies of rules, &c. ...... .................. 900
Arrangements with Lieut. Gov. in
Council of Province or Territory........ 900
Errors, &c., to be corrected................... , 900
Information in concise form .................. 900
Minister of Agriculture to make rules, &c. 899
Duty of Minister.................... • . . . . . . . . . . . . 899
Officers, clerks, &c., may be appointed... 899
Tenure of office of ................... . . . . . . . . . . . 899
Penalty for wilfully giving false informa-
tion........... • * > . . . . . . . . . . .... …............. 900
Public officers may be called upon to fur-
mish copies of papers, &c. ................ 900
Publication of abstracts, &c............... ... 900
Salaries, how to be fixed, &c. ................ 900
Special statistical investigations............ . 900
STATISTICS.–Criminal................. … 903
STATUTES—Form and interpretation of
See Interpretation Act.............. … l
STATUTES OF CANADA—An Act re-
specting the Revised........................ ix
STATUTES—Publication of the ................ 11
| STEALING. See Larceny Act.................. 1902
STEALING LETTERS, &c. — See Post
Office Act........... ....................... .544, 546
STEAM-BOAT INSPECTION ACT........... ] 119
Appeal from inspector's order, &c.......... 1141
Appointment and qualification of inspec-
tors ............................ ..................... 112U
Board of steam-boat inspection............... 1121
Constitution of................... ............... 1121
Duties, rules, &c., of........................... | 122
Minutes of proceedings of .......... ......... 1121
Boats .................. ......... ........................ 1130
Care and management of.................... . 1131
Davits......... * . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... • * * * * * * * 1131
Description of .................... . . . . . . . . . . . . . . . . 1130
Dimensions of, may be varieti............... 113].
Life-boats .......................................... l131
Lowering apparatus ........................... 1131
Name to be painted on........................ 1131
Number of ................... .... * * * * * * * * * * * 1130, 1131
Steam-boats employed in inland naviga-
tion, &c........................... .............. , 1132
Steam-boats not carrying passengers.... 1132
Steamers in certain inland navigation... 1132
Boilers and machinery.......................... , 1125
Bad material, &c., not allowed............ 1128
Defects to be made good.......... ... • * * * * * * * * * * 1125
Discretion of inspector....................... , 1126
Donkey boilers, &e............................. 1127
External working pressure, &c............. 1126
See Secretary of State ..................... 253
Flat surfaces...................................... 1127
GENERAL INDEX. x
125
The figures denote the pages which are numbered at the bottom.
STEAM-BOAT INSPECTION ACT-Continued.
Inspector to be notified, &c................. 1128
Inspectors of appointed...................... 1120
Interior condition of boiler.................. 1127
Mark or name of maker of plate to be
stamped thereon..................... • * * * * * * * * * 1128
Maximum working pressure for new iron
boilers ......................... .............. , 1125
Ratio of test........ . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.125
Maximum working pressure for new
Steel boilers ...................... • * * * * * * * * * * 1126 |
Ratio of test............... . . . . . . . . . . . . . . . . . . . . . 1126
Oath as to maker and quality, &c........ 1128
Openings how fixed ............................ 1127
1°roceedings before testing................... 1125
Reduction in working pressure ............ 1127
Safety valves, &c........ . ................ ...... Il 27
Single riveted shells ........................... 1127
Stays to crown sheet of furnace........... 1127
Testing of, how done.......................... 1125
Use of drift pins forbidden................... 1127
Working pressure may be reduced........ 1126 |
Certificate, of inspection, &c.................. 1142
Clearance when to be withheld.............. 1145
Copy of this Act to be posted up............ 1145
Engineers................. ... … … 1136
Cancellation of certificates of.............. 1138
Certifiéates, &c., how obtained............ J-137
Classification of ......... ........................ 1138
Examination of.......... ........................ 1136
Exchange of existing certificates.......... 1139
First class, qualified to do what............ 1139
Fourth class, qualified to do what........ 1139
Imperial certificates. ........................... 1138||
Must be licensed, when.......... . … 1 139
Penalty for contravention................ 1139
Revocation of certificate...................... 1137
Second class, qualified to do what........ 1139
Shall not act as masters....... ............. ... 1138
Steam-boats Over 150 tons................... 1137
Third class, qualified to do what........... 1139
Examination—Inspectors subject to....... 1121
Examination of engineers...................... I 139
Extent and application of this Act ......... 1120
Ferry boats and tug boats, not on the
River St. Lawrence.......... ............... | 133
Ferry boats may be exempted. ............... 1134.
Fire—Precautions against. ..................... 1134
Gangboards ......... ......... ......... ............. ll 44
How provided, Secured, &c. .......... ...... l 144
Jiability for damages.......... . … 1144
Lights on wharves ........................ ..... 1144
Lights to be affixed at night.............‘... 1144
Penalty for infringement..................... 1145
General provisions................................ 1145
Gov. in Council may bring certain steam-
-------- *-- - - ----- ***-*-*.*.*-**-*.
STEAM-BOAT INSPECTION ACT-Continued.
Hulls and equipment—Inspectors of ....... 1121
Inspection .............. ... .......................... 1].22
, Certificate of........... ; . . . . . . . . . . . . . . . . . . . . . . . . . 1122
Certificate of registry ......................... 1123
Certificates of, how made ................... 1124
Form of. See Schedule A................ 114ſ
Chairman of board of—l)uties of.......... | 122
Decision in case of dispute .................. | 124
Duration of certificate ........................ 1123
Fees for............................................. 1141
Free passage of inspector
Inspector to see that steam-boats haye
proper lights ................................... 1124
Machinery may be put in motion.......... 1123
Officers to answer questions................. 1123
Penalty for refusā]........................... 1123
Owner to pay expenses of examination... 1123
Penalty for neglect ............................ 1123
Register of inspections............ • • - - - - - - - - - - 1125
Subsequent injury to be reported ........: 1123.
Penalty for default........................... 1123
Yearly inspection required............ • v e s we } 122
Inspection fees ..................................... 1141
Inspector may detain vessel................... 1145
Inspectors—Appointment and qualifica-
Inspector's certificate not to be granted
till duty is paid. .............................. 1142
Inspectors of hulls in certain parts of
Canada .......... … ~ .......
Inspectors of steamboats, &c. I 139
Qualification of first class engineer.1140, 1141
“ of fourth class engineer...1139, 1140
“ of second class engineer......... 1140
‘‘ of third class engineer........... 1140
Interpretation ......................... ............ } 119
“Boiler” and “boilers "..................... | 120
“Boilers and machinery ''................... 1 119
“Certificate ’’.................................... 1120
“Freight boats ".......... … 1 120
“Hull'............................................. I jºſ)
“ Hull and equipment "....................... 1 119
“Inspector '' ..................................... 1119
“Owner”... ....................................... 1 119
“Steam-boat ".................................. . 11 19
“Year” ...................“.…. ] 1 19
Investigation of accidents, &c...... … 1 T46
Life buoys ............... .......... .................. 1134.
Life preservers .................. ................... I 132
Cork jackets ................ ..................... 1133
Description of .................................... IL33
Inland waters..................................... 1133
Maximum number of........................... | 133
Number of proportionately................. , 1132
Ports and places whence steamboats
boats under this Act........................ -
must carry ....................... ............. 1132
The figures denote the pages which are numbered at the bottom.
STEAM-BOAT INSPECTION ACT-Continued. STEAM-BOAT INSPECTION ACT-Concluded.
- Steam-boats, chiefly carrying freight..... 1133 Certificate for a barge, &c................C. 1149
Steam-boats, not otherwise provided for 1133 - { { “ freight boat, &c.......B. 1148
Wooden floats........................ ............ 1133 | {{ of inspector of boilers, &c.... 1147
Masts and sails, &c....................~~~~ 1143 { { hulls, &c...... 1147
Regulations as to carrying .................. 1143 Short title. .................................. tº º is a e g tº a 1119
Exceptions ........“............ ... • . . . . . . . . . ... 1144 | Steam gauges, &c................. & e º e o e º 'º ........ 1128
Monthly returns by inspectors. ............... 1146 Steam-boat inspection—Board of........... 1121
Name of vessel to be painted on boats. ... 1145 Tonnage of re-measured steam-ships, &c. 1146
Oath of office and form thereof............... 1121 || Yearly report to Minister.......... ............. 1146
Owner or master, liable for non-observ- STORES. See Military and Naval Stores... 1981
ance of this Act ........ … , 1145 || SUBSTDIES AND ALLOWANCES TO
Partial exceptions, to application of Act. 1120 THE PROVINCES-An Act respect-
Passengers.............. * * * * * * * * * * * * * * * * “.......... 1142 'ing..............................* * * * * * * * * * * * * * * * * * * , 703
Barge, scow, &c., used to carry, must Additional allowance calculated on pre-
be certified .................................. 1143 vious years.......... ........................... 703
Penalty for contravention ................ 1143 Advances to Provinces authorized........ . 706
Inspector may report steamer unfit for... 1143 Allowances to Provinces in relation to
Number of, to be prescribed by inspect- amount of debt................... & a e º w = e s s tº a s 703
or's certificate................................. 1142 | British Columbia—Account with........... 704
Penalty for running steam-boat con- Capital and yearly payment specified...... 704
tra ty to order of Minister.................. 1143 Manitoba–Subsidy to............ “.…....... 705
Penalty on owner, &c., for carrying too Grants of land to................. ............... 705
*y . . . . . . . . . .................................... I 143 | Sums on which interest is payable to ... 705
Punishment of master for carrying too New Brunswick—Subsidy to.................. 703
**tly . . . . . . . . . .................................... 1143 Nova Scotia—Increased subsidy to ......... 703
Penalty for inspector giving false certifi- Prince Edward Island—Account with. ... 704
**te.........….................................... 1145 || SUMMARY ADMINISTRATION OF CRI-
Penalty in non-provided cases........... ... 1145 MINAL JUSTICE. See Summary
Precautions against fire ........................ | 134 Trials Act........... ........................... 2105
Deviation from usual requirements....... 1135 | SUMMARY CONVICTIONS ACT............ 2123
Firo apparatus on passenger boats • * * * * * * 1134 Abettors, &c. ....................................... 2125
Fire buckets—Number of.................... 1134 || Aiding, abetting, &c.—Where persons,
Fire extinguishers............................... 1136 may be proceeded against................. 2125
Force pumps and hose................ . . . . . . . . . 1135 Appeals. .......................... . . . . . . . . . . . . . . . . . . 2139
Hand pumps....................................... 1135 Amendment—Power of........................ 2142
Hose wrenches, and Supply pipes......... 1135 Certiorari not allowed to Superior
Inflammable material.......................... 1135 Court. …........................................ 2142
Length of hose, &c...................... ....... 1136 Certiorari not alloy ed when appeal
Means of escape.................................. 1136 taken.................. § a e s e = * * * * * * * * * * … 2142
Special provisions.............................. 1134 Conditions of appeal........................... 2140
Steam pony Pllip P . . . . . . . . . . . . .................. 1136 Costs of…..…............. 2145
Steam-boats not carrying passengers ... 1134 Costs recoverable, when appeal aban-
Uncovered lights............................... 1135 doned ... .......................................... 2142
‘Printed notice to be posted up............... 1145 Courts of appeal......................... 2139, 2140
Recovery of penalties........... * * * * * * * * * * * *... 1145 Defect in form or substance.................. 2141
Safety valves, &c.................................. 1128 Deposit money, how disposed of by jus-
Area of locked safety valves................ 1129 tice convicting................................ 2143
Bilge pipe, &c.................................... | | 30 Deposit of money, when...................... 2140
‘‘Bourdon Gauge ’’ to be used......... .... 1130 Jury may be empanelled ..................... 2141
Examination of..........................., 1128, 1129 | Evidence in such case. ..................... 2141
Penalty for concealing, &c.................. 1130 Judgment in such case..................... 2141
Steam gauge to be exposed to view...... I 129 . Oath of juror. ................................. 2141
Water gauge and surface blow-off........ 1130 Justice convicting to transmit the con-
When engine is stopped safety valve to Viction ........................................ 2143
be opened, &c,................................. 1129 Merits—Decision to be given on the...... 2142
Schedules......................... ..…... • * . . . . 1147 Next sittings of court, &c,................. 2140
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
S
UMMARY CONVICTIONS ACT-Continued.
Notice to be given.............................. 2140
Form of. See Schedule R. ............... 2173
Payment of costs, how enforced. ......... 2145
Procedendo not necessary.................... 2144
Proceedings after appeal..................... 2142
Proceedings on the appeal................... 21 40
Adjournment of......... * * * * * * * * * * * * * * * * * * * * * * 2141
Conviction or order affirmed............. 2140
Conviction or order quashed............. 2141
Effect of memorandum................ ..... 2141
Memorandum to be made........ tº g g g g is a º e is 2141
Protection of justices....... • * * * * * * * * * * * * * * * * * * * 2144
Recognizance to be entered into........... 2140
Form of. See Schedule S.......... ....... 2174
Return of proceedings........................ 2144
Application of Act...... . ........................ 2123
Attendance of defendants. See Enforc-
ing attendance, &c. ........................ 2125
Assaults—Proceedings in case of........... 2138.
Attempt to commit felony. .................. . 2138
Certificate if case dismissed ................ 2139
Certificate or conviction, a bar to any
further proceedings......................... 2139
Determination of matter by justice, *
when................... • - - - - - - - - - - - - - - - - - - - - - - - - - - 2138
By whom complaint shall be heard ......... 2124
Certificate of conviction to be evidence... 2143
Clerk of the peace, &c., to publish and
post up returns ................ ............ 2147
Fee for posting up, &c,.................... 2147
Schedule to be prepared by............... 2147
Commitment—Warrauts of distress and. 2135
Complaint, by whom heard, in cases not
directed by this Act......................... 2124
Complaints—Informations and............., 2128
Convictions, &c., not to be invalid for
informalities.................................... 2143
Copy of returns to be sent to Minister of
Finance .................................... s • * * * 2147
Costs......... ......... ................................. 2134
How to be awarded............................. 2134
Recovery of, by distress ..................... 2135
When, by imprisonment...................... 2135
Coets in actions for penalties for not
making proper returns, &c............... 2147
Gosts of appeal, to whom payable........... 2145.
Defendants — Enforcing attendance of
See Enforcing attendance of, &c....... 2125
Distress. See Warrants of Distress, &c. 2135
Effect of conviction, if no appeal..........., 2145
Enforcing attendance of defendants........ 2125
Ex parte cases................. • . . . . . . . . . . . . . . . . . . 2126
Execution of warrant.....................‘.... 2127
By what officer and where................ 2127
SUMMARY CONVICTIONS ACT – Cozztºn wed.
Indorsing warrant in another jurisdic-
tion........... • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Information to be laid................. . . . . . . . . º
Form of information. See Schedule A.
Service of summons............... * g e º e º ſº e º ºs º ºn 4
Proof of Service....................... • * * * * * * *
Summons may be issued............. $ 4 c e s e s $
Form of summons. See Schedule B.
Warrant—Duration of, and how to be
executed ................... ..................... 2127
Warrant in the first instance—Copy of,
to be served on defendant................ 2, 26.
Warrant may be issued if summons dis-
obeyed ........................................ 2126.
Form of such warrant. See Schedule
0........................ . • * * * * * * * * * * * . . . . . . . . . . . 215th
Warrant may issue in the first instance,
When ........................... . . . . . . . . . . . . . . . 2126.
Form of such warrant. See Schedule
D...…...…............. 215 l
Warrant, to whom directed................ 2126,
How to be signed and sealed............ 2126.
What to contain........................... ... 2127
Enforcement of payment of costs of
appeal ......... ......................... ......... 2145.
Certificate that costs have not been
paid, to be granted..................... . 2145.
Form of See Sch3dule T. ............... 2.175.
Warrant of commitment may be issued,
When .......................................... 2145.
Form of. See Schedule U, 2............ 217'ſ
Warrant of distress, may issue............. 2145.
Form of. See Schedule U, 1............ 2] TG,
Errors and defects, which shall not in-
validate convictions, &c.................. 2143
Evidence. See Witnesses..................... 2129,
Ex parte Cases.................... * * * * * * * * * * g e s a s e g º e 2126
Forms to be sufficient........................... 2149.
General provisions.......... • * * * * * * * * * * * * * * * * * * * * 2148
Hearing ...................... ....................... , 2130.
Adjournment of the case..................... 2132.
Aggrieved—Evidence of the person...... 213
Amount payable to person aggrieved,
limited .................... • e s tº e º e º sº tº e s tº e a 6 s e g º e g & 2 133
Case may proceed, if prosecutor or
defendant does not appear.......... ..... 2133.
Certificate of dismissal of complaint. ... 2134
Form of. See Schedule M............... 2165.
Complainant, &c., competent witnesses
Convictions to be drawn up by the
justice ................... .....................
Forms of See Schedule J 1, J 2,
J 3............................... 2158, 2159,
Copy of minute of order of commitment
to be served on defendant, before dis-
2127
2149.
2125.
2126.
2125.
2150
2131
Indorsement of Warrant—Effect of........ 2127
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom. .
SUMMARY CONVICTIONS ACT-Continued.
£)efence and answer............. * * * * * * * * * * * * * *
Decision of the case............................
Defendant may be allowed to go at
large or may be committed, or may
be discharged upon his own recog-
nizance on adjournment of case......
l'orm of recognizance. See Schedule
H............................. * * * * * * g º e º 'º - - - e s - e &
l'orm of warrant of committal. See
Schedule G. ........................... ... * * *
Defendant may make full defence....... • *
Dismissal of case, when plosecutor does.
not appear........... ....................‘........
Dismissal of complaint............... “.......
Form of order. See Schedule L. ......
Jºxamination of witnesses, &c. ............
If both parties appear. ............... …
If defendant appears, &c., and the com-
plainant does not appear..................
Inhabitant of district—Evidence of.......
Justice may convict, &c., if defendant
admits the truth..............................
Making satisfaction—In certain cases
defendant may be discharged on.......
Minute of conviction or order to be made
Negative—When proof of, not required.
Non-appearance of defendant...............
Observations in reply to the evidence
not permitted..................................
Open court—To be in..........................
Orders to be drawn up by the justice...
Form of. See Schedules K 1, K2,
K 3.......................... ...... 2161, 2162,
l’enalty or forfeiture to public fund of
district, &c., not to disqualify inhabi-
tant thereof from giving evidence.... :
Proceedings in case of non-appearance
2130
2133
2133
2157
2156
2130
2133 |
2134
2164
2132
2132
2131
213]
2132
2.134
2133
2132
2I3]
2132
2 130
2.133
2163
of defendant................................ . 213]
Adjournment. ................................. 2 || 31
ºr parte. ........................................ 2 131
v Warrant................ tº e º e e º a n tº & e = * * * * * * * * * * * * s 2131
Proceedings on the hearing........ ...'...... 21:32
Prosecutor, competent witness ............ 213]
brosecutor may be heard by counsel or .
attorney. ................... . . . ................ 2130
JPublic fund of district, county or place
—Evidence in case of....................... 2131
Warrant may issue for arrest of defen-
dant, on bail not appearing.......... ..... 2133
Warrant to issue to commit defendant
when apprehended........... tº e, it e º e º e s a s e e 2131
Form of warrant. See Schedule F.....
When defendant has been apprehended.
Witnesses to be examined on oath........
Indictable offence against a justice, not
2 155
213.1
2130
SUMMARY CONVICTIONS ACT-Continued.
Informations and complaints................, 2128
Adjournment of case on account of va-
riance, when.................................., 2129
Complaint to be for one matter only. . . . 2128
Complaints need not be in writing, when 2128
Complaints need not be on oath unless
so provided.................................... ... 2128
Defects, &c.—When, no objection......... 2128
Description of partners........................ 2128
Of property of municipal corporation, 2128
‘‘ of partners................... ... 2128
Information must be on oath when war-
rant is issued in the first instance...... 2128
Variance as to place not material........ 2129
“ “ time not material........... 2129
Informations and complaints. See also
“Enforcing attendance, &c.”........... 2125
Interpretation........ tº e g º a e º e º a s a tº º e º 'º e º 'º e º e s e º e º 'º . 2123
“Clerk of the peace ’’............ ....... , 4 & e º & 2123
“Common goal” or “prison”............ 2123 *
“District” or “county''...... • * * * * * * * * * * * , 2123
“Territorial division ”........ 6 * * * * * * * * * * * * * * * 2123
Jurisdiction........................... ....... 2123, 2124
Justices—Protection of......................... 2144
Limitation of action fo, penalties for not
making proper returns, &c............... 2147
Limitations......... ................................. 2125
Magistrates having the power of two
justices......................... • - - - - - - s • * * * * * * * * * 2] 24
Offences may be laid conjunctively or .
disjunctively................ , º a c e º 'º º º q tº a º * e º 'º - G 2148
Example............................................ 2148
Offences punishable on summary convic-
tion.................................. .......2123, 2124
One justice—When he may act............... 2124
Powers, &c., of, after hearing.............. 2124
Order of court in lieu of writ of proce-
- dendo ............................................. 2144
Payment—Tender and ........................... 2] 45
Penalty on justice for not making proper
returns, &c. … tº a e s a a e 2147
Application of penalty........................ 2147
Power to preserve order................. ....... 2148
Procedendo, not necessary for return of
proceedings not quashed.................. 2144
Proceedings after judgment .................. 2124
Proclamations—Courts to take judicial
notice of......................... ............... 2144
Protection of justices....... ..................... 2144
Recognizances. .................................... 2138
Certificate of justice endorsed............. 2138
Form of. See Schedule Q................ 2173
Defendant, failing to appear ............... 2 138
Officers to whom recognizances shall
be transmitted................................. 2138
affected............... .................... …
Resistance to process—Power to punish. 2149
21 18
GENERAL INDEX.
129
The figures denote the pages which are numbered at the bottom.
suMMARY CONVICTIONS ACT-Continued
Returns not vitiated by certain matters
being included therein ............ ........
Returns respecting convictions and
moneys received..............................
Returns to be made quarterly by every
justice ............................... ............
Form of return.
| Subsequent receipts, &c......................
To whom to be made ........ & 8 & 9 º' is a e i e s is is e º 'º &
Schédule of forms—
Certificate of clerk of the peace that
the costs of an appeal are not paid. T.
Certificate of dismissal ................... M.
Certificate of non-appearance to be en-
dorsed on the defendant’s recogniz-
all Ce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q.
Commitment of a witness for refusing,
&c.............................. .e e g º e º e º a s e º a 2, 4.
Constable's return to a warrant of dis-
treSS ......... . ~…~~~~ N, 4
-Conviction for a penalty and in default
of payment imprisonment ..........J., 2.
Conviction for a penalty to be levied by
distress and in default of payment, by
imprisonment............................ J, 1.
Conviction when the punishment is by
imprisonment, &c...................... J, 3.
Indorsement on a warrant of distress N, 3.
Information or complaint on oath. ...A.
Notice of appeal, &c...... • * * * * * * * * * * * . . . . . . R.
Order for any other matter, where the
disobeying of it is punishable with
imprisonment........................... R, 3.
Order for payment of money, and in
default of payment imprisonment.K., 2.
Order for payment of money to be levied
by distress, and in default of distress,
imprisonment........................... K, 1.
{}rder of dismissal of information or
complaint....... • * * * * * * * * * * * * * * * * * * * * * * * g e º a e L.
Recognizance for the appearance of de-
fendant, when case is adjourned,
&c......................... .................. H
Notice to defendant, &c................ H.
Recognizance on appeal................... S.
Notice of.......... ..............................
Return of convictions...................... W.
Summons to a Witness.................. E, I
Summons to defendant..................... B
Warrant for a witness in the first in-
stance ................ ..................... E, 3.
Warrant in the first instance ........... D.
Warrant of commitment for want of
distress...... ... ........................... N, 5.
Warrant of commitment for want of
distress for costs of an appeal. ...U, 2.
I
2175
2165
2173
2154
. 21.68
21.59
2158
2160
2167
2149
2173
2163
216.2
. 2157
2157
2174
2175
2178
. 2152
. 2150
2153
2151
2168
2177
Warrant of commitment for want of
distress for costs, upon an order for
dismissal of an information, &c.. P, 2.
Warrant of commitment on an order in
the first instance....................... O, 2.
Warrant of commitment, upon a con-
viction for a penalty in the first in-
Stance ....................... * * * * * * * * * g º is tº 0, 1. .
Warrant of committal, &c., and ad-
journment of hearing......... . . . . . . . . . . G.
Warrant of distress for costs of an
appeal..................................... U, 1.
Warrant of distress for costs, upon an
order for dismissal of an information,
Warrant of distress upon a conviction
for a penalty. ............ • * * * * * * * * * *... N, 1.
Warrant of distress upon an order for
the payment of money.............. N, 2.
Warrant to remand a defendant when
apprehended........ ........................ F.
Warrant when summons is disobeyed. C.
Warrant where a witness has not obey-
ed a summons........................... E, 2.
Seals to warrants and other documents. .
Seals—When absence of, not to invalidate
Security in proceedings to quash—Order
may be made as to...........................
Sufficiency of forms..............................
Summons. See Enforcing attendance, &c.
Superseded—5 Geo. 2nd, c. 19, S. 2.........
Tender and payment. ............................
To the constable.................................
To the keeper of prison.......................
What to include: ........................ 2145,
Time for making complaint or laying in-
'SUMMARY CONVICTIONS ACT-Continued.
2172 .
21.70
2166
2155
2150
215.2
2148
2148
2144
2149
2125
2144
2145
2145
2146
2146
formation limited. ...........................
Trial. See Hearing...............................
Two justices shall be present and act toge-
ther in cases requiring two................
Warrants. See Enforcing attendance,
&c., and thereunder.........................
Warrants of distress and commitment. ...
Costs against the prosecutor, when......
Default of sufficient distress................
Defendant may be bailed or detained
until Warrant is returned..................
Imprisonment for a subsequent offence,
if defendant is already in gaol..........
Indorsement of, for execution in another
jurisdiction. .................. ..............
Porm of. See Schedule N. 3.............
Justice may issue, when......................
Forms of See Schedule N, 1; N, 2.2165,
Prosecutor, when liable for costs .........
Recovery of costs from prosecutor. ......
2125
2130
2124
2126
2135
2137
2136
2136
2 137
2135
2167
2}35
2166
2137
21.37
180
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
SUMMARY CONVICTIONS ACT-Concluded.
Form of commitment. See Schedule
P, 2 gº º w tº º te º º * e a tº g º º e º º e º 'º e º 'º e •.* * * * * * * * * * * * * * * * * * * 2172
Form of warrant of distress. See
Schedule P, 1................................ 2171
Return to, by constables ........ & e º 'º t e º e º e a wo . 2136
Form of. See Schedule N, 4.............. 2168
Term for which defendant may be com-
mitted in default of distress ............. 2136
Term of imprisonment in certain cases,
if penalty is not paid................. .# e s - e º is 213'ſ
Warrant of commitment for want of
distress........ * * * * * * * * * * * * * * * e A 4 e o 'º w w w w * g º a c e 4 2136
Form of. See Schedule N, 5............. 2168
When the issuing of a warrant would
be ruinous to defendant and his family,
or there are no goods, justice may
commit him ......................... ....2135, 2136
Warrant of committal, 0, 1; 0, 2.2169, 2170
WitneSSes...... 4 tº a , s a w w tº e º e s w w e º..................... 2129
Commitment for refusal to give evidence 2130
Summons may issue............................ 2129
Form of. See Schedule E, 1............ 215.2
Oath when required for ................... 2129
Warrant against witness—Indorsement
of, if to be executed out of the jurisdic-
tion...... • * g º e º e º a tº s e e s e º e a . . . . . . . . . . . . . . . ...2129, 2130
Warrant in the first instance when and -
how obtained......... .…............. 2130
Form of. See Schedule E, 3............. 2153
Oath to obtain such warrant............. 2130
Warrant may issue if summons dis-
obeyed ..…................................ 2129
Form of. See Schedule E, 2............. 215.2
Oath to obtain such warrant............. 2129
SUMIMARY PROCEEDINGS BEFORE
JUSTICES OF THE PEACE. * See
Summary Convictions Act............... 2123
SUMMARY TRIALS ACT...................... 2105
Application of penalties........................ 2112
Certain provisions not to apply to cases
under this Act........... * * * * * * * * * * * * * e. e. e. e. e. e. e. e. 2113
Consent to be tried summarily in cases of
simple larceny, &c........................... 2109
Fact of consent to be mentioned in the
Warrant ......................................... 2110
Full defence allowed.......................... 2110
If accused consents, &c...................... 2109
If accused does not not consent, &c..... 2109
Conviction not to be quashed for want of
form............ ................................... 2111
Conviction to be transmitted to court of
sessions of the peace........................ 2111
Discharge in certain cases..................... 2110
Effect of conviction.................. * * * * * * * c e e g tº 2111
• , of dismissal ........................... ......... 2111
SUMMARY TRLALS ACT-Concluded.
Interpretation ......................... . . e. e º e º e º a tº º e 2105
“Common gaol or other place of con-
finement''....................... ............. 2105
“Magistrate ".................... ................ 2105.
“Property”.......................... ............ 2106
Jurisdiction of magistrate, when abso-
lute ....................... ........................ 2107
“Juvenile Offenders' Act” not affected
by this Act........ • * * * * * * * * * * * * * * * * * * * * * * * * * ... 21.13
Offence not proved.............. tº e º e º 'º e s e s - e s a tº a º 2110
Offences triable under this Act.............. 2 106
Aggravated assault................... … 2106.
Assaults on females or children .......... 2106
Assaults on magistrates or officers. ...... 2106.
Attempting to commit simple larceny... 2106.
Betting or pool selling........................ 2106
Keeping, &c., disorderly houses. ......... 2106.
Larceny from the person..................... 2106
Simple larceny.......... ........................ 2106
Open court—Magistrate's, to be............. 2110.
Penalties—Application of..................... 2112
Persons brought before justices may be
remanded for trial under this Act...... 21 ll
Before whom to be tried..................... 2112
But not into another province....... . • * * * * 2112
Proof of conviction or dismissal............. 2111
Recognizance—Not appearing accord-
ing to............... ............................. . 2112
Restitution of property......................... 211 I
Schedule of forms— -
Certificate of dismissal.............. .......C 2114
Conviction...................................... A 21.13.
Conviction upon a plea of guilty........ B 2113.
Sentence in case of conviction of larceny,
&c................ ............ .... • * * * * * * * * * * * * * * * * 2108.
Sentence on persons convicted on sum-
mary trial, &c,.............................. ... 2108
Levying fine imposed......................... 2,109
Short title................... ........................ 2105
Trial by consent before magistrate in
Ontario instead of Court of General
Sessions........... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 2107
Accused to be asked if he consents to
be summarily tried......................... 2 108
If he admits the charge..................... , 2.108
If he consents....... ............................ 2108
Witnesses—Attendance of................... 2110
Mode of summoning........................ ..., 2110
SUPERANNUATION ACT. See Civil Ser-
vice Superannuation Act.................. 221
SUPERANNUATION OF JUDGES. See
Judges of Provincial Courts............. 1803
SUPREME AND EXCHEQUER COURTS
ACT. ............................................. 1761
Appeals to the Supreme Court............... 1765
From Exchequer Court. ...................... l 775
GENERAL INDEX.
131
The figures denote the pages which are numbered at the bottom.
SUPREME AND EXCHEQUER courTs
t ACT-Continued.
In criminal matters. .................... # e º e s tº º 1774
Jurisdiction in............ * * * * * * * * * * * * * * * * * * * * * * * 1765
Procedure in. .......................... … 1768 .
Barristers and attorneys—Who may prac-
tice as: ........................................... 1764
Civil Service and Superannuation Acts to .
apply to officers, &c......................... 1763
Clerks and servants to be appointed....... 1763
Controversies between Dominion and a
Province thereof.................... *e e s tº g g g º º tº 1776
Between one Province and another ...... 1776
€osts to and against the Crown, how
paid................................ ............... 1784.
Courts continued ......... ........................ 1761
Criminal cases—Appeals in.................... 1774
In what cases appeal will lie............... 1774
No appeal in what cases...................... 1775
Proceedings for appeal........................ 1774
When the appeal must be brought to a
hearing ............................... w e s v s s w .... 1775
Enforcement of orders for payment of
In Olley. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1783 |
Evidence ................................ & e s a s a e s a s is a tº 1779.
Affidavits, before whom sworn ............ 1779
Affidavits, &c., out of Canada, before
whom sworn. .................. * * * * * * * * * * * g e º 'º e I780
Commission may issue........................ 1781
Commissioners may be appointed........ 1780
Contempt of court—Neglect or refusal
of witness to attend, &c................... 1782
Duty of persons taking examination..... 1781 .
Effect of consent of parties.................. 1782
Examination of persons who cannot
conveniently attend ........................ 1781
Further examination may be ordered... 1781
Informality not to invalidate............... 1781
No defence in case of perjury............ 1781
Interrogatories may be delivered......... 1781
Neglect or réfusal of witness to attend,
a contempt of court......................... 1782
Notice of return of examination........... 1782
Notice to adverse party....................... 1782
Oaths, &c.—Who may administer........ 1779
Objection to reading examination, how
and When to be made....................... 1782
Production of papers, &c..................... 1782
Proof of signature or seal of commis-
Sioner, not required. .......................... 1780
Return of examinations taken in Canada 1780
Taken out of Canada....................... 1780
Style of commissioner ....................... 1780
“Witness,” signification of term......... 1781
Exchequer Court— -
Appeals from. .................................... 1775
Appeals to. ....................................... 1777
SUPREME AND EXCHEQUER COURTS
ACT-Continued.
Cases in which Dominion is interested. 1777.
Cases of appeal from official arbitrators 1777
Concurrent jurisdiction of............ 1776, 1777
Exclusive original jurisdiction of......... 1777
Jurisdiction. ............ ................. .1776, 1777
Procedure. See below “ Procedure of
Exchequeer Court”. ........................ 1777
Sittings of court. .......... ........… 1777
Fees to the registrar to be paid by stamps. 1784
General provisions. .............................. l'783
Interpretation. .................. .................. 1761
“Appeal "........................................ 1761
“Final judgment "............................ 1761
“Judge ".......... ....... . . . . . . . . . . . . . . . . . . . . . . . . 1761
‘‘Judgment''.................................... 1761
“The court appealed from ''................ 1761
“The Exchequer Court’’..................... 1761
. “The Supreme Court’”. ..................... 1761
Judges ......... ............. • * * * * * * * * * * * * * * * * * * * ... • s e s e e 1762
Constitution of the Supreme Court ...... 1762
Not to hold other office....................... 1762
Oath to be taken. .................. • * * * * * * * * * * * 1763
Form of oath. ................................. 1763 e
How to be administered. ............... ... 1763
Quebec—Judges from Province of........ 1762
Residence.................. ............... ......... 1762
Retiring allowances............................ 1762
Salaries....... ...............................' ...... 1762
Tenure of office................................... 1762
To be judges of both courts................. 1762
Who may be appointed.......... * * * * * * * * ... • * * * s • 1762
Judgment, final and conclusive............. 1775
Saving H.M. prerogative..................... 1775
Jurisdiction of Supreme Court.......... • . . . . 1765
Appeal from final judgments only......... 1766
Appeal from orders made in exercise of
judicial discretion, not allowed...... 1766
Exception.............................. ......... 1766
Appeal in Province of Quebec. ............ 1767
Appeal to be from court of last resort
except............ . . . . . . . . . . . . . . sº e s e s a s e a t e a s a s 1766
By consent....................... . . . . . . . . . . . . . . . 1766
By leave of court or judge....... ....... • * * * 1766
Appeals............ ........... ..................... 1765
Civil actions................................... 1765
Criminal cases................................. 1766
Election cases........................ ........" 1766
Exchequer cases.............................. 1767
Exchequer Court ................ ............ 1766
Extradition....................................' 1767
Habeas corpus................. ......' ......... 1767
Mandamus....................... ............... 1767
Maritime Court of Ontario................ 1766
Municipal by-laws........................... 1767
Rules for new trials.................. • * * * * * * * * * 1767
I}
182
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
SUPREME AND EXCHEQUER COURTS
ACT-Continued.
Certain matters excepted..................... 1767
Certiorari—Writ of................ ............ 1768
Extradition................... ... . . . . . . . . . . . * * * * * * * * * 1767
Habeas corpus...........................…” 1767
Appeal from single judge to the court 1767
Concurrent jurisdiction of judges...... 1767
Powers of judge and of court. .......... 1767
Prisoner need not be present ............ l'768
When appeal shall be heard.............. 1768
Private bill or petition....................... . 1768
Non-payment of money, not a contempt
of court.................. • * * * * * * * * * * * * * * * * * * * * * * * I'783
Powers of commissioners............ . . . . . . . . . . . 1783
Practitioners, to be officers of the court. 1764
Precis writer—Appointment and duties of 1763
Procedure in appeals to the Supreme
Court in civil matters. ..................... 1768
Allowance of appeal in special cases on
terms............ ........................ ......... 1769
Amendments................... .................. 1774
Case stated or settled, what to set
forth......................... ............ ......... 1769
Certificate of judgment....................... 1774
Consent to reversal of judgment. ......... 1772
Costs................................................. 1773
Death of parties.................................. 1772
One of several appellants........ $ tº a s e e e g º & 1772
One of several respondents............... 1773
Sole—or all the appellants............... 1772
Sole—or all the respondents............. 1773
Discontinuance of proceedings............. 1771
Dismissal for delay..........., = e s a e s w e s - e s e º s s a 1772
Entry of causes.................................. 1773
Interest........................ ............ ......... 1774
Judgments.................. * * * * * * * * * * * * * * * * * * * * * * * 1773
Dismissal of appeal on giving judg-
ment................ ........................... 1773
New trial may be ordered................. 1773
Quashing proceedings. ..................... 1773
Notice of appeal...... ........................... 1769
Perfecting appeal................ ... ............ 1768
Proceedings requisite for appeal........... 1769
Security and amount thereof................ 1770
Security and staying execution............ 1770
Special case, stated or settled—Appeal
to be on................. • . . . . . . . . . . . . . . . . . . . . . . . . } (69
Stay of execution................................ I'770
Transmission of case to registrar.......... 1769
When appeal shall be brought............. 1769
When error in law is alleged................ 1769
Procedure in Exchequer Court............... 1777
SUPREME AND EXCHEQUER COURTS
ACT-Concluded. -
Executions—Writs of............ * * * * * * * * * * * * * * 1778
Claims to property seized under, &c., 1779
How to be executed, &c,................. . 1779
Personal arrest, when..............‘. . . . . . . . 1779
When and how issued...................... 1778
Issues of fact, how tried ......... ........ ... 1777
Jurors in cases specified...................... 1778
Number of, to be summoned............. 1778
Qualification of............... tº e º e o 'º e º 'º e a g º e º 'º 1778
Tales in default of........................... 1778
Reference of matter or petition............ 1778
Rules of practice. ......... ~~~~ 1777
Sheriff's fees, &c. .............................. . 1779
Trial without jury, when.................... 1778
Process and officers of the court............. 1783
Registrar and other officers. .................. 1763
Registrar—Appointment of................... 1763
To act for both courts...................... ... 1763
Salary of............. e º 'º a s • * * * * * * * * * * * * * * * * * * * * * * * 1763
Reporting decisions .............................. 1763
Reports—Publication of........................ 1784
Rules of procedure and as to costs—
Judges may make........... ~~~~ 1783
Sessions of the Supreme Court............... 1764
Sheriff ea officio..................................... 1764
Short title ........................................... 1761
Sittings of the Exchequer Court ............ 1777
Solicitors—Who may practice as............ 1764
Special jurisdiction of Supreme and Ex-
chequer Courts............................... 1775
Powers to be exercised with consent of
Provincial Legislatures............. 1775, 1776
Suits, actions, &c., in which the val-
idity of an Act of the Parliament is
raised.............................. ............... 1776
In which the validity of an Act of the
Provincial Legislature is raised........ 1776
Proceedings in Such cases................... 1776
Supreme and Exchequer Courts—Evi-
dence in.......................................... 1779
Supreme Court . . ........................... 1764
Appeals to......................................... 1765
Constitution of................................... 1764
Court may be convened at any time..... 1765
Delivery of judgments’........................ 1764
Power to adjourn............................... 1764
Quorum of judges............................... 1764
Three sessions of appeal yearly............ 1764
See, also, “Jurisdiction of, &c.”...... 1765
And “Procedure in Appeals.”.... 1768
GENERAL INDEX.
133
The figures denote the pages which are numbered at the bottom.
TELEGRAPH COMPANIES-Electric. See
Electric Telegraph Companies Act... 1749
TELEGRAPH LINES-Secrecy by officers,
&c., employed on ............................. 1759
TELEGRAPH OPERATORS–Secrecy by... 1759 |
TELEGRAPHS-Marine electric ............... 1753
TEMPERANCE ACT. See Canada Tem-
perance Act.…................................ 1401
TERRITORIES.– An Act respecting the
North-West. See North-West Terri-
tories Act.......... ... . . . . . . . . . . . . . . . . . . . . . . . . . 717
TERRITORIES – Homestead exemption
estates in. See Homestead Exemp-
tions Act................................. • * * * * * * 797
TERRITORIES REAL PROPERTY ACT. 741
Abatement—None in case of death, &c. 780
Power of judge in such cases............... 780
Appeal.….…. … 781.
Court of... … …................ 781
Judgment, final............~~~~ • - - - - - - - - - 781
Powers to make rules................ … ... 781
Quorum...................... •,• * * * * * * * * * * * * * * * * * * * * , 781
Sittings .......... ‘................................. 781
Assurance fund, &c,............................. 769
Action against registrar as nominal de-
fendant, when....... * * * * * * * * * c e s e º e º a s g c s e e º e s 771
Costs—When nominal defendant shall
have............................................... 772
Damages—Recovery of....................... 771
How created, &c,................................ 771
Limitation of action for damages......... 772
Non-liability of assurance fund in cer-
tain cases........................................ 773
Recovery of amount paid out of assur-
ance fund …........…............. 772
Attestation of instruments.................... 769
How to be witnessed............... a • * * * * * * * * * * 769
Form of oath. See Schedule R........ 794
Persons before whom oath may be
taken in- - -
British colony outside Canada. ......... 769
Canada outside the territories.......... 769
Foreign country.............................. 769
Territories..................... . . . . . . . . . . . . ...... 769
United Kingdom............ • * * * * * * * * * - * * * * e s is 769
Books, forms, &c., how provided............ 779
Caveats............................................... 767
Effect of ........................................... 768
Entry of withdrawal of....................... 768
Judge may prohibit transfer of land in
certain cases.................................... 768
T
| TERRITORIES REAL PROPERTY ACT
—Continued. -
Liability for wrongfully entering........
Power to withdraw.............................
Proceedings for setting aside............... *
Setting aside ..................... … • * * * * * * * *
Commencement of Act........................
Compensation of persons deprived of
land by fraud, &c.................... a c e s ∈ is tº... • *
Action for damages. ...........................
Purchasers and mortgagees, when pro-
tected... • * * * g g g g º e s tº e º º e º 'º e . . . tº e º ſº º tº a 4 tº a º 0 ºr e g º & # * *
Death—Transmission in case of..............
Devisee from personal representative...
Estate tail abolished...........................
Husband to wife—Conveyance by.........
Husband's right.................................
Illegitimate children...................... ... • * * * *
Lands to be chattels real..................... -
Married woman to be as if feme sole......
Forfeiture by, for adultery...............
Mother inherits from illegitimate child.
Tenancy by curtesy abolished.............
Widow’s right....................................
Wife to husband—Conveyance by........
Words of limitation not required.........
Documents under Act not invalid for in-
formality. .......................................
Effect of registration.............................
Certificate to be conclusive evidence of
What. .......................... ...................
Encumbrances noted in register.......... ..
Instruments, to be effectual, must be
executed and registered according to
this Act.......... ...............................
Instruments—What, not valid unless
registered .......................................
Notices—0 mission or non-receipt of......
Priority—Date of, how computed.........
Title of registered owner to be subject
to certain implied qualifications .......
Ejectment—Assurance fund, &c............
Cases in which certificate a bar to ac-
Cases in which registered owner not
Damages payable—How.................... ..
Descent, conveyance, &c., of real property.
Dower abolished................. * * * * * * * * * * * * * * * * -
Man and wife—Conveyance to.............
'768
768
768
768.
74.1
770
770
770
771
764
743
743
743
744
744
743.
744.
743
744
744
744
744
743
743
744
743
780
753
754
753
753
755
753
755
754
754
769
770
Lapse of, in one month, unless, &c...... 768
protected against............................
184
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
TERRITORIES REAL PROPERTY ACT
—Continued. -
, Encumbrance prior to grant may be filed
with registrar..................................
Exception of mines, &c., in grants......... s
Fees may be established.............* * * * * * * * * * * :
Fees payāble to registrar ............ …
Account of, to be kept........................
How ascertained.......... ... ............ ........:
General provisions ......... * * * * * * * *... ............
Guardian or committee may act for per-
son under disability. .......... e s e e º e e s e º e s e a
May be appointed or changed by court
780
775
777
Next friend of married woman....... • * * * * *
Implied covenants may be negatived or
modified • * * * * * * * * * * * * g e s tº e º se e &• . . . . . * * g º is tº $ tº e º ſº
Effect of such covenants .....................
Insertion of words “no survivorship "....
Effect of entry of ...............................
Interpretation—
“Court "..........................................
“Court of appeal”............................
“Encumbrance ’’...............................
“Grant” ..........................................
“Lunatic” ................. * * * * * * * * * * * * * * * * * * * * * *
“Mortgage "........ * * * * * * * * * * * * * * s e s - a s , s , s , s , , ,
“Mortgagee "....................................
“Mortgagor "....................................
“Owner”.........................................
“Person of unsound mind''................
“Possession "....................................
“Register’’.................................... ...
“Registrar''...'........................... . . . . . . .
“Territories”,...................................
“Transfer”
“Lands titles office ’’............................
Covenants implied against lessee.........
Duty of registrar in case of re-entry
Instructions as to execution of.............
See Schedule, Form H......................
Powers in favor of lessor.....................
Surrender effected otherwise than by
777
,777
776
777
776
778
779
779
769
742
742
742
742
742
742
742
741
742
74.1
741
742
74.1
742
742
742
742
742
74.1
742
779
745
756
758
787
757
757
756
787
757
TERRITORIES REAL PROPERTY ACT
—Continued.
Loss or destruction of certificate ....... ..... 776
Marriage of female owner............. e e º q & tº e 767
Registration, &c., in such case ............ 767
Mortgages and encumbrances ............... 758
Annuitant—Death of......................... 761
Death of annuitant.................. '............ 761
Discharge of mortgage, &c., how regis-
tered.................................. • * * * * * * * * 761
Foreclosure and sale........................... 760
Application for............................... 760
How conducted............................... '76()
Notices........ • . . . . . . . . . . . . . . . . . . . . . . . . . . ....760, 761
Order—Entry of.......... .................... 761
Order for foreclosure........................ 760
Implied covenant to repair................., 763
Memorandum of encumbrance ............. 759
See Schedule, Form K......... à e º 'º t e a tº e s sº a tº 789
Memorandum of mortgage ...... de • * * * * * * * * * 759
See Schedule, Form J. ..................... 788
Mortgage, &c., not to be a transfer...... 759
Mortgage, how discharged in case of
absent mortgagee............................ 762
Notice in default of payment............... 759
Purchase money—Application of, &c... 760
Purchaser, how property vested in....... 760
Registration of transfer of................... 763
Rights of transferee............................. 763
Sale by mortgagee after notice............ 759
Transfer of, how executed................... 762
See Schedule Form L ................... ... 790
Transfer of part of sum....................... 763
See Schedule Form M....................... 790
Trusts—Proviso; as to................ ........ 763
Notice before effect is given to order of
Court or judge................................. 779
Deposit of order and entry thereof....... 779
Owner sub-dividing land to file a map..... 776
How prepared and signed.................... 776
Owner to allow use of his name in certain
cases.............................................. 777
Penalties...... ....................................... 781
Conviction ........................................ 781
Imprisonment .................................... 781
Offences specified............................... 78.1
Punishment.................................... ... 781
Powers of attorney— *
Effect of........................................ ..., 763
Execution of....................................... 764
See Schedule Form N ....................... 790
Registration....................................... 764
Revocation....... * * * * * * * * * * * * * * * * * * * * * * * s s e º a 2 & 2 a. s. s 764
See Schedule Form O............. ......... 791
Proceedings......................................... 773
Provisional certificate........................... 776
Operation of law
* * * * * * * * * * * * * * * * * * * * * * * * * * * * *
GENERAL INDEX.
The figures demote the pages which are numbered at the bottom.
TERRITORIES REAL PROPERTY ACT
—Continued.
Notice to be given.............................. 776
Purchaser generally.............................. 778
Valuable consideration, &c.................. 777
Registered owner suing, &c.......... fe a tº e º e º 'º º 778
Registrar may cancel separate certificates
to same person, and issue one certifi-
cate for whole land.......................... 775
Tegistration........................................ 747
Application for, how made.................. 2750
Certificate of time of........................... 750
Certificate of title................................ 752
Application for............................... 752
On Subsequent transfer. ................ 752
Fees for.......................................... 752
Form of. See Schedule F................ 785
How to be endorsed......................... 752
When to be granted ........................ 752
Conditions on which the registrar is to
register.......................................... 750
“Day book,” how to be kept ............. 749
Documents required with application... 750
Effect of................. • . . . . . . . • * * * * * * * * * * * * * * * * * * * 749
Evidence of ........................... ............ 750
Form of instruments...... . . . . . . . . . . . . . . . . . . . . . 747
Instruments, how to be attested .......... '749
Judge, how to decide, when title not
clear .............................................. 75]
Letters patent, how registered............. 750
Memorials, how to be recorded......?..... 750
*Order of registry................................ 749
Owner to attest plan.......... ........ ......... 748
Particulars required in memorials........ 749
Parts of legal subdivisions.................. 748
Plan of land when required............747, 748
Priority of registry ..............'• e < * * * * * * * * s e e 749
Registered owner, &c., to give address,
receipt, &c,.................................... 752
Registrar may administer oath............ 748
Registration of ownership, how to be
made.............................................. 752
Subsequent divisions.......................... 748
“The register ’’ how to be kept .......... 748
Time for registration.......................... 749
Title not clear, course to be adopted by -
registrar............ ............................ 75l.
Trusts—No notice of, to be entered by
registrar ............................... ...'...... 747
Registration districts.................. • * * * * * * * * 744 |
Alberta ............................................. 744
Appointment of officials...................... 745
Assiniboia ...... . ................................ 744
Assistants...... ................................. 745
Bond of registrar or deputy.................. 746
Form of. See Schedule B ............... 782
TERRITORIES REAL PROPERTY ACT
—Continued. - .
Custody of bonds............................... 746
Deputy registrars............................... 745
Duties of officials............................... 745
East Saskatchewan........... .* * * * s e e s • * * * * * * * * 745
Future appointees................. … 745
Indemnity of registrars and deputies. ... 747
“Land Titles Office "......................... 745
New bond, when given........................ 746
New districts may be proclaimed......... 745
Oath of office. .................................... 746
Form of. See Schedule A................ 782
Office—days and hours........................ 747
Powers of officials.............................. 745
Registrar in each district........ • - - - - - - - - - - - 745
Registrar of deeds..................... … 745
Registrars, &c.— -
Not to act as agents........................ 747
Not to carry on other business. ......... 747
Registration offices................... ......... 745
Salaries of officers............................. 746
Seal of office.............................. ....... 746
Sureties in bond to justify....... “. … 746
Uncancelled agreements—
Copies of, to be furnished by registrar. 747
Evidence, when certified.................. 747
West Saskatchewan........................... 745
Rules and regulations may be made, &c. 780
Schedule of forms................................. 782
Affidavit of attestation............... ......D 784
“ attestation..................... R 794
( { iustification................... C 783
Applicationſ to bring land under opera-
tion of this Act......................... E 784
Affidavit to accompany same............ 785
Caveat........................................... Q 793
Certificate of ownership............. ...... F 785
Transfer of.................................. G 786
Lease.............................................. H 787
Statutory covenants implied, &c......I 787
Memorandum of encumbrance. ......... K 789
{ { mortgage....... . •,• * * * * * * J 788
Power of attorney............................ N 790
Revocation of......................…...... O 791
Reference to judge............................ S 794
Transfer of land under decree. ......... .P.3 (92
{ { “ under process of law.P 1 791
{{ lease &c., under decree...P.4 793
{ { “ under process of law.P 2 792
Remedial proceedings ........................... 773
Appeal .................. ........................... 773
Cancellation of certificate by order of
judge ............................................. 775
Examination before judge................... 775
Power of judge to commit............... 775
Clerks ......................... ..................... 745
Form of reference to judge............. ..... 774
136
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
t TERRITORIES REAL PROPERTY ACT THREATS, Etc.—Continued.
* —Concluded. - ASSaults with intents to obstruct the sale
See Schedule Form S...................... . 794 of grain, &c., or its free passage. ....... 1993.
Intervention of court or judge to en- “Besetting house” defined. ......... ......... 1994
force registrar's demand.................. 774 Description of offence, and proof of ex-
Power of registrar in case of fraud, &c., ceptions.......................................... 1994
to demand instrument...................... 774 Proceedings if person accused objects to
Powers of direction by court or judge... 775 being tried by justices........ * * * * * * * * * * * * * * 1994
Reference of doubtful point................. 774 Breaches of contract—Criminal............. 1995
Sheriff, how to execute process.............. 766 Conspiracies--Frauds........................... 1998
Application for confirmation of sale by. 766 Destroying or altering books, &c., to
Costs of confirmation............ • . . . . . . . . . . . . 766 defraud creditors............................. 1998.
Memorandum of.................... • * * * * * * * * * * * * , 766 Fraud or cheating................ ‘...... ......... 1998.
Sale by, to be confirmed, &c................ 766 Making away with property to defraud
Satisfaction of writ to be entered on creditors......................................... 1998
register...................... • . . . . . . . . . . . . . . . . . . , 766 Conspiracy—Prosecution for.................. 1994.
Transfer on sale by................... 4 t e º e º e º 'º a 767 Contract—Criminal breaches of............. 1995
See Schedules, Form P et seq............ 7.91 Corporation—Breach of contract by....... 1995
short title.…..…... 74.1 Corporations, companies, &c., who are to :
Transfers.......................... ....... ~~ T55 keep copies of certain provisions of
Y - * * * this chapter posted up...................... 1996
Cancelled memorandum of certificate to
e * * Penalty for default............................. 1996
be retained................... * * * * * * * * * * * * * * * * e º s 756 { { is e e •
- lnjū I'llig Coples.................. 1996
Cancelling memorandum..................... 756 º e º
Y ~ --4-5 * * * º Criminal breaches of contract. ........ * * * * * * * 1995
Certificate of title to be given to trans- . º e
- Demanding money, &c., with menaces or
feree.......................................... ** * * * * 756
* a e - * * by force.......................................... 1991
Duty of registrar cancelling certificate. 756
4- Embracery.................. ........................ 1999
Easement—Memorial, of to be entered. 755 - -
• Fraud—Conspiracies. ............................ 1998
Implied covenants by transferee, &c. ... 756 - -
Frauds with respect to contracts and busi-
Memorandum of........................... * e s e a e e 755 e
* neSS With the Government................ 1996.
See Schedule Form G....................... 786 º .º.º. de
* e & Mak&ng gift or offer for influence respect-
Transmission in case Of death • * * * * * s tº e º 'º e º e º e 764 ing a Government contract............ 1996.
Application for registration................. 764 Accepting such gift. ........................ 1997
Executor, &c., deemed ownºr.............. 764 Punishment................................... , 1997
Fresh certificate of title.................. … 764 Making gift or offer to tenderer, &c., to
Land to vest in personal representative. 764 , obtain contract............................, 1997
Mortgages, &c. • ‘7 & tº - e. e. … …............ 765 Accepting such gift................ ......... 1997
Effect of registration and duty of re- Hº ºn se Punishment.................. ................., 1997
gistrar.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * a 765 Time for prosecution limited..............., 1998
Registration of personal representa- | Free action—Certain acts contrary to 1993, 1994
tive as Owner … …........... 765 Conviction and penalty....................... 1994
Personal Tepresentative—Lands to vest Hy Immaterial by whom menaces are to be
in * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ſº executed............. .................. ......... 1992
Title to relate back to the death • * * * * * * * * * * 764 Inducing a person by threats or violence
Trusts—Lands of deceased, subject to.. º to execute deeds.............................. 1992
Certificate to be cancelled * * * * * * * * * * s e º e e & 765 “Infannous crime ’ defined.................... 1991
Court may appoint person to act as Intimidation........................................ 1993
OW nel ...” “….…........... ſº Letters demanding money, &c., with
New certificate to be granted............ º ID9R&CeS . . . . . . . . . . .............................. 1991
Persons beneficially interested........... 165 Letters threatening to accuse of crime... 1991
THREATS, INTIMIDATION AND OTHER Letters threatening to burn or destroy
OFFENCES-An Act respecting...... 1991 houses. .......................................... 1992
Accusing or threatening to accuse of Letters threatening to murder ............... 1992
Cºlme. . . . . . . . . ......... ... “..….......... 1992 Magistrate—Who shall not act as.......... 1994
“Act,” defined...................................... 1994 Malice. ................................................ 1996
Assaults arising from combination......... 1993 Misconduct of officers intrusted with exe-
Assaults on Seamen, stevedores, &c........ 1993 Gution of writs................................ 1998
GENERAL INDEX.
137
The figures denote the pages which are numbered at the bottom.
THREATS, Etc.—Concluded.
Preventing bidding for public lands.......
Qui tam actions, Quebec........................
Railway Co.—Breach of contract by ......
Sending letter—What shall be. .............
Sheriff, coroner, bailiff, constable, &c.—
Misconduct of.................................
Threats................................................
“Trade combination '' defined ...............
Wilful violation of Statutes. ..................
TICKETS. See Railway Passenger tickets.
TIMBER—An Act respecting marking.......
TIMBER—An Act respecting Tolls on Gov-
ernment Works for the transmission
of. See Tolls on Government Works,
&c. ........................... .....................
TOBACCO AND CIGARS. See Inland
Revenue Act......... ....... ..................
TOLLS ON GOVERNMENT WORKS
EOR TEIE TRANSIMISSION OF
TIMBER—An Act respecting...........
Application of balance of proceeds.........
Proviso; as to recovery by suit............
Collector of customs, &c., to assist. .......
Control of Minister of Inland Revenue. . .
Detention and forfeiture for non-payment
Enforcement, if amount due is not paid..
Governor in Council may make regula-
tions. .............................................
Interpretation—
“Collector of tolls and dues ''.............
“Works ''. ........................................
Lien not affected by transfer..................
Officer may call in assistance. ...............
Owner, &c.—Burden of proof on.............
Penalties—Recovery of ........................
Penalty if returns are not made..............
Product mixed with other timber, the
whole liable....................................
Release of property if security is given. .
Returns to be made by railway officers..
Sale in case of non-payment..................,
Seizure in case of non-payment. ......" * * * * * *
Statement may be required to be made
under oath......................................
Tolls and dues a first charge on timber,
&c. ................................................
TONNAGE DUES LEVIED IN CANA-
DLAN PORTS-An Act respecting . .
How calculated....................................
“Merchant Shipping Act, 1876 ''...........
TRADE—Board of. See Boards of Trade,
&c. ................................................
TRADE MARK AND DESIGN ACT.........
1995
1999
1996
1992
1998
1991
1994
1998
1527
945
1279
49].
1279
1281
1281
1281
1279
1281
1282
1279
1279
1279
1280
1281
1282
1279
1282
1280
1280
1282
1281
1281
1280
1279
1733
935
TRADE MARK AND DESIGN ACT-Continued.
Industrial designs—
Alteration of register in compliance
With order. ...................... . . . . . . . . . . . . . . . .
Assignment of design. ............ # * * * * s 4 g is a tº a
Author of the design, &c,....................
Certificate of registration and its effect.
Clerical errors may be corrected..........
Conditions of registration. ..................
Duration of right. ..............................
Exclusive right to use design...............
Fees—Tariff of...................................
Application of.................................
Return of, in case of refusal..............
How marked. ....................................
License to use design..........................
Minister may make rules and adopt
forms
Name to appear on article...................
Order of prohibition
Penalty for falsely representing, &c,..
{ { violation. .........................
Proceedings in case of wrongful regis-
tration..................................... . . . . . . . -
Proprietor—Who shall be deemed........
“Rd '' to be marked on articles. .........
Refusal to register..................... .........
Appeal from...............................….
“Register of industrial designs ''
Registrar may be examined.................
Registration of......................... .........
Renewal of right........... .....................
Suit may be maintained by proprietor
for damages........................... .........
Time for suit limited...........................
Short title............................................
Trade marks................. * * * * * * * * e s s e s e s e º ſº e º 'º e º &
Action for infringement.......... ............
Application of fees.................... e e s p ſº e º sº s
Assignment of....................................
Cancellation of................. & a e s is s e e º 'º a e s e º sº tº
Certificate of registration to be evidence
Classification—
General trade mark.......... ...............
Specific trade mark................ .........
Clerical errors not to invalidate..........
Correction of errors............................
Decision of doubtful cases...................
Duration of general.................. .........
{ { Specific............... ............
Exclusive right............. • * * * * * * * g e s a e º ſº e g º e º 'º
General trade mark................... .........
Minister may make rules and adopt
forms .................................* . . . . . . . . .
May object to register in what cases.
Mode of registration and certificate......
• * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
s s e e º e s a s a e e s a s & e º 'º º a 9 º' º * * *
* * * * * * * * *
942
941
940
941
943
940
941
942
940
$941
941
940.
941
94.2
940
940.
941
941
939.
943
939
941
943
Q43
935
935.
939
037
938
938
938
935
936
939
93'ſ
937
938
938
93
dry
_x
93
§
5
936
93
937
Application of Act. ..............................
$138
935
Nature of, to be specified.....................
138
GENERAL INDEX.
The figures denote the pages which are numbered at the bottom.
TRADE MARK AND DESIGN ACT-Concluded.
No suit unless trade mark registered... 939
Penalty for unlawful use of ............... , 938
Register may be inspected................... 939
( : to be kept at the Department
of Agriculture ........ tº e º is e e º ſº ... 936
Registration of, how effected............... 936
Return of fees in case of refusal........... 937
Seal and its use........ tº g º ºs e º 'º e º ºs e º 'º e tº tº º e º e º e º ſº tº º 936
Tariff of fees..................... * c & © e º e º e º ºs e e s tº e e 936
Timber or lumber—As to. ......... ......... 935
What shall be deemed a trade mark. ... 935
TRADE MARES AND INDUSTRIAL IDE-
SIGNS. See Trade Mark and Design
Act........ “................ ..................... 935
TRADE MARKS OFFENCES ACT. ......... 1945
Action or suit for damages—Wrongful
acts for which the same may be main-
tained ................. tº e e s e e º sº º tº a s w = e º e º 'º is e º e º e & 1954
Attaching a letter, figure, &c., falsely
indicating article to be patented ...... 1949
Penalty ............... tº s m e º e a e ſº s & tº e º 'º e º ſº tº e º ºs º t e º 'º º e = 1949
Attaching case, &c., falsely marked...... 1947
Contract to sell article bearing special
designation, &c., to imply that it is
genuine ........................ .................. 1953
Contract to sell article bearing trade
mark to imply that it is genuine....... 1952
Court may order article wrongfully
marked, to be destroyed, or otherwise
disposed of..................... • . . . . . . . . . . . . . . . . . . 1953
Injunction may be issued.................... 1953
Inspection may be ordered .................. 1953
Penalty for refusing to allow inspection 1954
Falsely designating any article with in-
tent to defraud................................ 1949
Forfeiture of articles marked and instru-
ments used ........................... . . ....... 1946
Forfeiture of cases, covers, labels, &c. ... 1947
Forged and counterfeited trade mark—
What shall be deemed. ..................... 1946
Forging or counterfeiting. ..................... 1946
Fraudulently attaching trade mark........ 1947
Inclosing, &c., anything in vessel, &c.,
bearing trade mark of another person 1947
Inclosing, &c., anything in vessel, &c.,
falsely marked................................. 1947
Intent to defraud a particular person
need not be proved ......................... 1951
Interpretation. ............... ..................... 1945
“Mark’’. ................................. ......... 1945
“Person "......................................... 1945
“Trade mark”. ..................…....... 1945
Knowingly selling any article falsely
marked, &c,… 1949
Exception—Terms in general use ......... 1950
TRADE MARKS OFFENCES ACT-Concluded.
Penalties, how paid and accounted for... 1951
Costs .................... tº e e º e s tº e º e º e * * * * * * * * * * * * * * ... 1951
Defendant's costs when he succeeds...... 1952
Plaintiff, when required to give security 1952
Time for commencing action limited. . . 1952
Punishment for misdemeanor under this
Act ... ............................................. 1951
Recovery of penalties............................ 1951
In a summary manner, when............... 1951
Remedy at law, not impaired ................. 1950
Evidence in such case. ........................ 1950
Selling and uttering articles bearing forg-
ed trade mark, &c............................ 1948
Offender bound to give information
when required.............................. 1948
May be summoned in case of refusal.. 1948
Penalty for refusing................... e tº e º 'º º 1948
Penalty for selling, &c........................ 1948
Short title. .............................. • * * * * * * * * * * * * 1945
. Unlawfully applying a trade mark.......... 1946
TRADE UNIONS ACT. ........................... 1741
Acts to which this Act does not apply...... 1742
Agreements, &c., which are not affected
by this Act............................. 1741, 1742
Annual reports for Parliament............... 1747
Application of Act. .............................. 1741
Audit of treasurer's account.................. 1744
Constitution of trade unions................ 1742
Fees. See First Schedule. ..................... 1748
Fraudulently obtaining, misapplying,
&c., funds, books or effects................ 1744
Imprisonment of offender in default of
payment ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1744
Order of restitution in such case. ......... 1744
General provisions. ............................... 1747
General statement of affairs for registrar. 1746
Copy of rules to accompany. ............... 1746
Copy of, to be provided members......... 1746
What to show .................................... 1746
When to be transmitted. ..................... 1746
Indictment of offender not prevented by
this Act.......................................... 1744
Interpretation ..................................... 1741
Legal proceedings which are not autho-
rized by this Act...................... 1741, 1742
Magistrates, &c.—Certain persons not to
act as ............................................ 1747
Matters to be provided for by the Rules of
Trade Unions registered under this
Act. See Second Schedule............... 1748
Offences and penalties, how prosecuted
and recovered.....................~~~~ 1747
Payment, &c., by treasurer to trustees. . . 1744
Penalties ............................................. 1746
Circulating false copies of rules, &c...... 1746
Penalty... ..................... ..................... 1949
How recoverable................................. 1747
GENERAL INDEX. - 139
The figures denote the pages which are numbered at the bottom. f
TRADE UNIONS ACT-Continued. TRADE UNIONS ACT-Concluded.
Making false entries............................ 1746 What the rules of a trade union shall
Regarding general statement............... 1746 contain................ ........................... 1745
Registered office to be provided....... ...... 1745 TRADING CORPORATIONS, &c. See
Notice of, to be given ......................... 1746 Winding Up Act.............................. 1703
Penalty for not having........................ 1746 TRAFFIC IN INTOXICATING LIQUORS
Registry of trade unions...........… … 1745 —An Act respecting. See Canada.
Application for. ................................. 1745 Temperance Act.............................. 1401
Certificate of registry.......................... 1745 TRANSPORTS-Exemption of, &c............ 1233
Name ... ............................................. 1745 TREASON AND OTHER, OFFENCES
Registration. ..................................... 1745 AGAINST THE QUEEN'S AU-
Regulations may be made ................... 1745 THORITY-An Act respecting......... 1833
Statement of affairs. ........................... 1745 || Compassing death of Sovereign............ 1833
Restraint of trade, not to render trade Conspiracy to intimidate legislative
union unlawful. .............................. 1747 body .............................................. 1834.
Rules of registered trade union.............. 1745 Corresponding with the enemy............. 1833
Schedule— - Evidence ............................................. 1834.
First—Fees............ ........................... 1748 Militia court. martial............................ 1835
Second—Matters to be provided for by Militia general court martial.................. 1834.
the Rules of Trade Unions registered Nothing in this Act to affect the Imperial
under this Act................................ 1748 statute intituled “A declaration
Short title........................................... 1741 which offences shall be adjudged
“Trade union ”—Meaning of................ 1741 treason "................... ..................... 1835
Trade unions—Constitution of............... 1742 Place of trial of certain felonious offences. 1835
Powers of, as to land.......................... 1742 Prosecution, when to be commenced. ... 1834
Property to be vested in trustees......... 1742 Punishment for treason......................... 1833
How to be stated in action, &c,........ 1743 Punishment of felony under this Act...... 1835
Registration of.................................. 1742 Time within which prosecutions shall be
Treasurer, &c., to render accounts......... 1743 commenced .................. .................. 1834.
Treasurer may be sued for balance of Treason defined.................................... 1833
account.......................................... 1744 Trial of citizens of a foreign power taken
Costs in such case.............................. 1744 in arms in Canada................... . . . . . . . . 1834
Trustees—Powers of, as to suits and Trial of subjects of Her Majesty levying
âctions......................... .................. 1743 war in Canada in company with
Liability of limited........................... 1743 foreigners ....................................... 1834.
Service of process on......................... 1743 Trial under “ The Militia. Act ’’............... 1834
Vacation of office not to abate action... 1743 | TREASURY BOARf. See Finance, &c. ... 262
Uſ
UNLAWFUL ASSEMBLIES. See Riots, UTTERING COUNTERFEIT COIN. See
&c. ................................................ 1837 Coin—Offences relating to the.......... 1955
V.
VAGRANTS, &c. See Public Morals, &c... 1873 VESSELS-Discipline on board of. See
VESSELS ARRIVING AT PORTS IN Government Vessels Discipline Act... 1001
QUEBEC. See Discharging of the VESSELS-Fishing. See Sea Fisheries, &c. 1273
Cargoes of Wessels, &c., &c,............ 1237
140 . GENERAL INDEX.
*
. The figures denote the pages which are numbered at the bottom.
W
WATER—Liability. of Carriers by. See
WEIGHTS AND MEASURES ACT-Comtºwed.
Carriers by Water, &c,............... ..... 12ll Deposit of Standards ............................ 1883
weapons-Improper use of. See Fire- District inspectors................................. 1384
... arms, &e................ ........................ 1841 Dominion measures of length................ ... 1376
WEIGHTS AND MEASURES ACT,....... , 1375 || Dominion measures of weight, &c. ......... 1378
Adhesive stamps for use under this Act... 1389 Dominion standard—Ounce, dram, grain 1378
Device on, what to express.................. 1390 Dominion standard—Pound .................. 1378
Administration ....... ......... ......... * . . . . . . . . 1383 Dominion standard–Yard ................... 1375
Annual statement of accounts under this See First Schedule, part one ............... 1391
Act to be laid before Parliament...... 1390 Dominion standards—Particulars of....... 139].
Apples, how to be packed for sale......... I379 Dominion standards to be continued ...... 1375
Penalty for contravention................... 1379 Dominion weights and measures—Use of 1380
Application of penalties........................ 1390 Dormant scales-Proviso; as to.............. 1387
Articles, the bushel of which is deter- Duties of inspectors and assistants......... 1385
mined by weight .............. ............. 1378 Enforcement of forfeitures........... ......... 1390
Penalty for contravention................... 1379 Equivalents in terms of the metric sys-
Assistants to inspectors........................ 1384 tem …................... ..................... 1379
Avoirdupois weight—What articles are See Third Schedule .................. … 1395
to be sold by............. ..................... 1380 Examination and marking of weights,
Gold, silver, &c., excepted.................. 1380 . . . &c. … …............................... 1885
Penalty for contravention................... 1380 False weights, measures and weighing
AVoirdupois. weights..................... 1378, 1880 machines........................................ 1381
And See Second Schedule.................. 1394 Fees, when and how to be paid............... 1389
Cancellation of a departmental standard. 1376 First Schedule, part one—Dominion stan-
Capacity of cask, how ascertained in dards .......................... * * * * * g e g g tº e e º e º e - e. g. 1391
case of dispute........................... ..... 1388 First Schedule, part two—Parliamentary
Capacity of cask to be marked on bung copies of Dominion standards........... 1392
stave, when.................................... 1388 Forfeited articles, &c., how to be dealt
“Cased '' weights................................. 1382 With .......................................... .... 1390
“Cask.” Purport of expression............ 1388 Forfeited weights, &c.—Disposal of ....... 1390
Casks—Delivery of liquids in................ 1388 Forfeitures—Enforcement of.................. 1390
Cental or hundredweight ...................... 1378 Forged stamps—Penalty for use of......... 1383
Central administration.......................... 1383 Fourth Schedule—Metric standards........ 1396
Certificate of inspector or assistant. ...... 1389 Measures of length.............................. l396
Commissioner of inland revenue— Metre ...................................... * * * * * * * 1396
Duty of, as to comparisons and verifica- Metric weights .................................. 1397
tions .............................................. 1384. Weights ......... ........................ ......... I397
Comparison of departmental standards, Kilogramme * * * * * * * * * * * * * * * * * * * * * * * * * g e s - e º e º e º & 1397
&c.................................................. 1383 French measures in Province of Quebec. 1377
Comparisons, verifications, &c., how Paris foot, arpent, perch...................., 1377
made ............................................. 1384 Territorial measurement only ............. 1377
Contracts to be governed by standard General provisions ............................... 1388
Weights and measures ..................... 1380 Governor in Council ſhay make regula-
Exception as to metric system............. 1380 tions ......... . ................................... 1388
Counterfeit stamps—Penalty for use of . 1382 Imperial pound .............…............... 1378
Custody of standards, &c. ..................... 1883 Inspection from time to time without
Decimal divisions—Proviso; as to........... 1380 notice............................................. 1386
Decimal grain weights ......................... 1376 Inspection on request ........................... 1386
See Second Schedule............... … 1394 Inspector to be provided with local
Delivery of liquids in casks ................... 1388 Standards ....................................... 1385
Bepartmental standards ...................... 1376 Inspector to keep a record, &c............... 1386
See Second Schedule........................... 1393 Inspectors, &c., for each province. ......... 1384
GENERAL INDEX. .
141
The figures denote the pages which are numbered at the bottom.
--------------- * * * *- - - - - - - - - ----------- ---- **** - - --------4------ - - - - - - - ------- ------
WEIGHTS AND MEASURES ACT-Comtönued.
Kilogramme. See 4th Schedule............ 1397
Lawful measures and weighing machines
to be stamped ......... ......... ... a e s e º e º sº e º e º e & 1381
Lead or pewter weights......................... 1382
Level of the brim, the rule of measure.... 1379
Levy for penalty, in case of non-payment 1390
Limitation of suits ......................... ...... 1391
Liquids in casks—Delivery of ................ 1388
Local administration ................ ..... tº a c e - © tº 1384
Local standards.................................... 1376
Local weights, &c., unlawful. ............... . 1380
Measures of capacity. See 2nd Schedule. 1393
Measures of length. See 2nd Schedule.... 1393
Metre. See 4th Schedule........................ 1396
Metric standards. See 4th Schedule........ 1396
Metric system—Measures and weights of
See 3rd Schedule.............. & © e º e º e º dº º e º a º º tº 1395
Metric weights or measures—Proviso; as
to......... ......... . . . . . . . . . . . . . . . . . . . . . . . '• • - - - - - - - - 1380
Minister of Inland Revenue.................... 1383
Oath of office of inspector or assistant. . . . 1384
Officers not to be makers or Sellers of
weights or measures, &c................... 1385
Ounce troy.................................. ......... 1378
Parliamentary copies of standards.......... J375
See 1st Schedule, part two................ 1302
Penalties concerning unjust or false
weights, measures, &c,..................... 1381
Penalties—Recovery of.......................... 1390
Application of ................. .................. 1390
Penalty for forging or counterfeiting
Stamps... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1382
Penalty for knowingly using counterfeit
Stamps......... . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... 1383
Forfeiture in such case........................ 1383
Penalty for obstructing inspector or assis-
tant..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1386
Penalty for stamping, &c., without veri-
fying................................... .......... 1387
Penalty for using, &c., other than Domi-
nion weights and measures............... 1380
Penalty for using, &c., unstamped weights
or measures or weighing machines... 1382
Exception as to makers, &c. ................ 1382
Forfeiture in such case........................ 1382
Penalty on inspector, &c., for stamping
out of his proper division.................. 1387
Penalty on trader for having unlawful
weights in his possession.................. 1382
Forfeiture.......................................... 1382
Periodical comparison of standards........ 1383
Power of inspector to enter shops, &c. ... 1386
Power to seize weights, &c., if inspector's
fees not paid................. .................. 1389
Procedure................. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1390
el
w”
WEIGHTS AND MEASURES ACT-Continued.
Publication of regulations in Canada
Gazette...................... .................. ... 1389
Record of verification of standards. ......... 1383
Recovery of penalties............................ I390
Refusing to permit inspection................. 1387
Refusing to produce weights, &c............ 1387
Penalty for refusal.............................. 1387
Regulations by Governor in Council....... 1388
Re-inspection at certain periods............. 1386
Remedy of person aggrieved by false
Weights, &c........................... • * * * * * * * * * 1391
Remuneration of inspectors and assis-
tants................... ~~~~ ..... 1384
Renewal of Dominion standards............. 1375
Renewal of Parliamentary standards...... 1376
Sales of articles in vessels...................... 1380
Schedules. See First, Second, Third and
Fourth................................... 1391 et seq.
Scientific researches—Standards in aid of,
&c............. .................................... 1384
Second Schedule,.................................. 1393
Departmental Standards...................... 1393
Measures of capacity........................ 1393
Measures of length........................... 1893
Weights...... ......................... ............ 1394
Avoirdupois. .................................. 1394
Decimal grain................... ..…. 1394
Troy bullion.................................... I394
Secondary or Departmental standards... 1376
Renewal of, in case of loss, &c. ............ 1376
seigniorial tenure lands in the Province of
Quebec............ ............... ............... 1377
Short title............................................ 1375
Stamped in one division, when usable in
another............... ........................... 1387
Stamping and verification of weights and
In eaSu TeS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1381
Stamping, &c., when found correct........ 1386
Stamps to be affixed to certificate of ins-
pector........ .................................... 1389
Standard foot, inch, rod, chain, link,
furlong, mile................................... 1377
Standard gallon, quart, pint, peck,
bushel. ......................................... 1378
Standard rood and acre........................ I377
Standard weights of hay and straw in the
Province of Quebec. ........................ 1379
Standard yard, defined.......................... 1376
Standard yard, pound and Troy ounce
how ascertained.............................. 1375
Standards of new denominations............ 1376
Standards of weights and measures........ 1375
Tariff of fees--Governor in Council may *
make..............................' .....' .....” 1389
Application. . ............... ............ ........" 1389
Public gauger, &c.—Offences of.............. 1388
Publication of, in Canadu Gazette, ...... 1389
142
GENERAL INDEX. *
The figures denote the pages which are numbered at the bottom.
WEIGHTS AND MEASURES ACT-Concluded.
Third Schedule—The metric system........ 1395
Measures of capacity........................... 1396
Measures of length.............................. 1395
Measures of surface..................* * * * * * * * * * * * 1395
Weights. ........................................... 1395
Times and places of inspection and verifi- .
cation............................................ 1385
Tolls and duties—Collection, &c., of....... 1380
Ton—Definition of................................. 1378
“Trade" what deemed to be.................. 1380
Troy bullion weights. See Second Sche-
dule. ............................................ ... 1394
Uniformity of weights and measures ...... 1375
Unjust weights, measures and weighing
machines...... ................................. 1381
Use of Dominion weights and measures... 1380
Use of “Standards” by inspectors. ....... 1385
Weights. See Second Schedule............ 1394
WHARVES. See Harbors, Piers, &c........ 1215
WHEAT—Inspection of
See General In-
Spection Act. ................................. 1298
WHIPPING. See under Punishments, Par-
dons, &c. ....................................... 2.194
WINDING UP ACT................................. 1703
Appeals. ............... .............................. 1719
Courts of appeal................................. 1719
Dismissal of, for not proceeding........... 1719
Final, to Supreme Court of Canada...... 1720
Practice regulating............................ 1719
Security to be given........................... 1719
When allowable.............. s e e a s a e e º e s - e º e º is tº a 1719
Application of Act........................'• • . . . . . . 1704
Corporations which are excepted......... 1704
Banks—Application of certain sections
of Act to........................................ 1704
Banks—Provisions applicable to............ 1724
Application to wind up must be by
creditor for not less than $1,000........ 1724
Chairman of meetings ........................ 1724
Liquidators—Appointment of, by credi-
tors............ ............... .................. 1724
When appointed by court ................ 1724
Notice to holders of notes. .................. 1725
In Quebec....................................... 1725
Reservation of dividends..................... 1725
Result of vote—Chairman to report ..... 1724
Savings banks excepted. ..................... 1724
Scale of votes.................................... 1724
Claim or dividend, how to be objected to. 1717
Company when deemed to be insolvent... 1705
When deemed unable to pay its debts... 1705
Contributories. .................................... 1711
'Arrest of absconding official................ l'713
Books, &c., primâ facie evidence.......... 1714
Court may order debtors to pay. ......... 1713
WINDING UP ACT-Continued.
Inspection of books—Court may allow. 1714
Liability of shareholders, &c............. ... 1712
List of, how to distinguish.................. 1712
Moneys may be ordered to be paid into
Court.............................................. 1713
Nature of liability of........................... 1712
Trustee, &c., may be ordered to pay
over balance and deliver books, &c.. 1712
Voting by proxy. ............................... 1714
When calls may be made on. ............... 1713
Creditors' claims. ................................. 1714
Assets—Distribution of....................... 1715
Clerks and other employees, how far
privileged....................................... 1714
Compromise of. ................................. 1715
Distribution of property...................... 1714
Duty of liquidator, if a second claim is
filed. .............................................. 1716
Law of Sét-off to apply....................... 1714
Lien by judgment or execution not to
attach......................................... 1716
Except for costs............................ ... 1717
Secured creditor, when to rank on divi-
dend sheet................................ 1715, 1716
Security by mortgage, &c................... 1716
By negotiable instruments................ 1715
Security—Creditor holding................. 1715
Valuation of security.......................... 1715
What debts may be proved.................. 1714
When to be sent in ............................ 1715
Fraudulent preferences......................... 1717
Contracts injuring or obstructing cre-
ditors ........................... .................. 1717
Contracts made with fraudulent intent. 1718
Contracts with consideration, when
voidable.......................... ............... 1718
Debts of company transferred to contri-
butories .................... ..................... 1719
Gratuitous contracts, &c., void........... 1717
Payments by company, when void....... 1718
Securities, &c., by company, when void 1718
Insolvent—When company deemed........ 1705
Insurance companies — Application of
certain Sections of Act to................. I704
Insurance companies other than Life—
Provisions applicable to .................. 1728
Application of deposit held by Receiver
General....................... . . . . . . . . . . . . . . . . . . 1729
Application of surplus ........................ 1731
Arrangements may be made for re-in-
surance of risks, &c......................... 1730
Claims accruing after the winding-up
order........................................... 1730
After thirty days ................... ......... 1730
Distribution of surplus by court........... 1713
Within thirty days.......................... 1730
GENERAL INDEX.
143
The figures denote the pages which are numbered at the bottom.
WINDING UP ACT –Continued.
Payment or transfer of assets in case of
re-insurance ...... ... • * * * * * *.* * * * * * * * * * * * * * * * * * * * * 1730
Policies on which no claim has accrued
at time of winding-up order. ......... 1729
Application of proceeds................... 1729
Cancellation of policy ..................... 1729
Sale of Securities......... & s e e s is tº s e s is e º 'º e e g º & © 1729
Publication of notice—What sufficient. 1731
Report to Superintendent of insurance... 1731
Statement to be made by liquidators.... 1730
Copy of, to be filed with Superintend-
ent.............................................. 1730
Notice to each creditor. ................... 1730
Interpretation ..................................... 1703
“Company ”......... ......... ................. 1703
“Contributory ''............................... 1704
“Court "...... ................. ................. 1703
“Insurance company ”............. ......... 1703
* Official Gazette ’’............................. 1704
“Trading company ”......................... 1703
* Winding-up order ’’......................... 1704
Life insurance companies............. ......... 1725
Application of deposits and assets held
by trustees, in case of insolvency...... 1725
Claims accruing after the winding-up
order...... ...... .............................. 1727
After thirty days............................ 1728
Within thirty days.......................... 1727
Companies incorporated elsewhere than
in Canada...................................... , 1727
Contestation of claims........................ 1727
Copy of statement to be filed with
superintendent........................ tº e º e º 'º tº 9 1727
Holder giving notice of willingness to
accept insurance in another company 1728
License withdrawn............ . .......... 1725
Notice to policy holders, &c. .............. . 1728
Policy cancelled.................... ............ 1727
Policy holders insured on the mutual
principle ...................... ........... gº ºn e º e º 'º 1726
Report to superintendent of insurance ... 1728
Rights of policy holders............. 1725 to 1727
Sections of Act applicable to............... 1725
Statement of creditors, &c......... tº e º ºs e º ſº e º ſº 1727
Valuation of policies............ * * * * * * * * * * * * * * * 1726
Liquidators.......................................... 1708
Appointment, provided for.................. 1708
Balance in hands of, to be deposited..... 1711
Penalty for neglect.......................... 1711
When to be paid to Receiver General. 1711
Bank pass book to be produced at meet-
1ng . . . . . . . . a s is a tº s º e º & e g º º e º e º e º is a e s = * * * * * * * * * * * * * 1710
And on order of court...................... 1711
Compromise of debts by..................... . 1710
Description of, in all proceedings......... 1709
WINDING UP ACT-Continued.
Incorporated company may be ............ 1708
Moneys to be deposited in bank in name
of liquidator as such... ........ & g º is tº tº tº e ºs & e º 'º 1710
Powers of directors to cease on appoint-
ment of...................…... • * * * * e s is tº e s is e º ..... 1710
Powers of, with approval of court, &c. 1709
Provisional............... e e s e e º ºs e s p & © tº $ tº tº e s = e º ºs e º ºt 1708
Remedies against estate, &c........ © tº e g it tº º & 1711
Remuneration of........ * * * * * * * g e is tº dº º 'º e º & tº ſº e g º $ tº * 1709.
Resignation or removal of................... 1709
Security to be given by.......... & s g g º e º e a tº $ tº . 1708
Solicitor may be liquidator.................. 1719
Subject to summary jurisdiction of
Court................... .................. ......... 1711
Objection to claim or dividend how to be
conducted....................................... 1717
Offences....... ....................................... 1723
Any person, destroying books, &c.,
guilty of a misdemeanor................... 1723.
Officers of company guilty of offences
—Court may direct criminal proceed-
ings against................................... . 1724
Preferences, &c.................................... 1717
Procedure .......... ................................. 1720.
Affidavits sworn before whom............. 1722
Attachment, &c................................. 1720
Costs payable out of estate.................. l'723
Courts and judges to be auxiliary to
one another.................................... 1721
Examination of certain persons........... 1720
On oath.......................................... 1721
Refusing to attend or answer............ 1721
Judicial notice of Seals, &c.................. 1722
Master, &c., in Ontario ...................... 1720,
Officer, &c., mis-applying moneys may
be compelled to repay...................... 1721
Order of one court may be enforced by
another........................................... IT22
Orders of court to be deemed judgments 1720
How to be executed......................... 1720,
Powers conferred on court are addi-
tional ................... ......................... 1722
Powers of single judge........................ 1720
Present procedure to apply till rules are
made............................ ... ............... 1723
Proceeding not void for irregularity. ... 1722
Rules—Judges may make.................... 1723
Rules of procedure and amendment...... lT22
Witnesses—Attendance of.................. . 1720
Broceedings after winding-up order is
made.............................................. 1707
Actions against company stayed ........ * alſº
Company to cease business................. 1707
Corporate state continued................... 1707
Executions, &c., against company void. 1707
Duties of......................... .................. 1709
Transfers of shares void. .................... 1707
, ; • * ,
- * , , , ... •
• & *
- 144°
# *
? •
*
wiNDING UP ACT-Concluded.
Proceedings for winding-up order.......... 1705
Service of the notice of presentation. ... 1705
Short title.................... tº a tº e º ſº tº º e < e s tº # 4 º ºs e e º e º 'º l'703
TJnclaimed dividends .......... ...... “. . . . . . . . . . 1723
Winding-up order—
Actions against company may be re-
strained................................... tº º e º 'º º tº 1706
Application for................ • * * * * * - - - - - - - - - - - - - - 1706
Companies in liquidation May 17, 1882. 1707
Court may adjourn and order inquiry... 1706
Duty of company and officers if inquiry
is ordered...................................... . 1706
Power of court after report on inquiry... 1706
Power of court, on, application for, op-
posed by the company ..................... 1706
Punishment for refusing to give infor-
mation ........................................... 1706
Winding-up proceedings may be stayed
by court........................ ......... ......... 1707
Wishes of creditors, how ascertained...... 1708
WORKS CONSTRUCTED IN OR OVER
NAVIGABLE WATERS–An Act
respecting certain.......... .* * * * * * * * * s a s • a s a v e 1243
Approval of work heretofore constructed. 1244
|Bridge, boom, dam or aboiteau—Con-
struction of, how authorized............. 1243
Bridges constructed before May 17, 1882. 1243
Exceptions as to works constructed under
certain Acts...... ......... ..................... 1244
Interpretation “work,” “lawful work’. 1243
Notice, how to be given......................... 1244
Plans with description of site to be depo-
sited and notices given..................... 1243
Powers of Parliament reserved............... 1244
Rebuilding or repairing......................... 1244
Regulation by Governor in Council. ...... 1244
Removal and destruction of bridge built
in contravention of this Act............. 1243
River St. Lawrence—Act not to apply to. 1244
WRECKS AND SALVAGE ACT............ 1193
Apportionment of Salvage..................... 1208
Person liable may pay whole amount to
receiver in discharge........................ 1208
When determined by court.................. 1208
{{ ‘‘ receiver.............. 1208
Claims to Wreck.................................... 120.1
Delivery by receiver ........................... 1201.
Interpleader....................................... 1202
Non-liability of receiver. .................... 1202
Title not prejudiced............................ 1202
Customs—Officer of, may make inquiry... 1194
“Dealer in marine stores”..................... 1202
Misdemeanor—Offence constituting...... 1203
Restrictions in trade of................. 1202, 1203
Duties on Wreck.................................... 1209
GENERAL INDEx.
The figures denote the pages which are numbered at the bottom.
sº
WRECKS AND SALVAGE ACT-Continued.
Expenses, how to be defrayed............... 1197
Fees of receivers.................................... 1208
Disputes as to, how settled.................. I 209
Recovery thereof................................ 1209
Schedule of............... • . . . . . . . …~ ... 1209
Formal investigations.......................... . 1195
Commissioners, a tribunal for.............. 1195
Decision to be stated in open court ...... 1196
Masters or mates—Certificates of, pend-
1Ilg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1197
Members of tribunal to take oath of
office................. • . . . . . . . . * * * * * * * * * e e tº gº e º e s e e º ºs tº 1196
“Merchant Shipping Act of 1854,” &c.
—Application of................ * * * tº e º s tº e º 'º e s tº 1196
Minister may confirm, alter or set aside
decision............................... ......... ... 1196
Report of tribunal to Minister.............. 1196
General provisions.......... ...................... 1209
Inquiries into Wrecks............................ 1194
Interpretation.............. * = e e s tº e º s e e s e º e º e e s tº e e s a 1193
“Goods”........................................., | 193
“Master”...................... ................... 1193
“Minister”........................................ 1193
“Receiver”....................................... 1193
“Ship” ............................................ 1193
“Ship-wrecked persons ".................... 1193
“Tackle” ......................................... 1193
“Wessel”.......................................... 11.93
“Wreck”....... .................................. 1193
Marine store dealers............................. 1202
Offences in respect of wrecks................. 1203
Concealment of wrecks, &c................. 1205 .
Felonies—Offences constituting........... 1203
Indictments, &c., Onus probandi, &c... 1204
Misdemeanor — Offences constituting
• e a e s ∈ n e º 'º e s tº ºn 8 e s e s & e g = e º 'º a e s a e º e g º e s tº e = < e < * * * 1203, 1204
Punishment of.................................... 1204
Summary proceedings for concealment
of Wreck, &c,................................... 1205
Penalty.......................................... 1205
Salvage to informer......................... 1205
Subsequent offence.......................... 1205
Tribunal for minor offences.................. 1204
Venue and evidence in cases of............ 1204
Penalty for obstructing officers............... 1195
For refusing to give evidence............... 1195
Powers of officer of customs as to inquiry. 1194
Procedure in Salvage. ..........‘. . . . . . . . . . . . . . . . 1206
Before a receiver................................. 1207
Enforcing security.............................. 1207
How commenced................................. 1206
Jurisdiction in case of dispute............. 1206
Property may be seized, &c., by re-
ceiver............................................. 1207
Security—Amount of, how determined. 1207
Enforcement of Salvage, &c................... 1208
Valuation of property. ............ ........... 1206
# .
& -
GENERAL INDEx.
• * } ^ -
g -- * ,
: ... •’ -
- 1 |
The figures denote the pages which are numbered at the bottom.
WRECKS AND SALVAGE ACT-Continued.
Proceedings in rem or in personam........ 1209
Receivers of wrecks.............................. 1197
Appointment of ................................. 1197
Jºz-officio—Who to be, when none ap-
pointed................ .‘.................... ...... 1197
Fees of Receivers............................... 1208
And See Schedule ........................ 1209
Not to take charge contrary to wish of
master or owner.............................. II 98
Officers who may act in absence of....... 1199
Passage over adjoining lands............... | 198
As to damage thereby...................... 1198
Penalty for obstructing.......... ......... 1199
Power to repel boarding by force......... 1199
. “ suppress plunder, &c............ 11.99
4 Powers of; as to inquiries.................... 1197
Wessels wrecked, stranded or in distress 1198
- See also under this chapter—Claims
to Wreck................................... 120.1
Unclaimed Wreck............................... 120l.
Wreck............................................... 1200
Report to the Minister............. ... 1195
J
wRECKs AND SALVAGE ACT-Concluded:
Salvage— * *
Of vessel or wreck, how remunerated,. 1205
And See Procedure in Salvage....... 1206
Saving life—Priority of claim for......... 1205
Schedule of fees ............................ 1209, 1210
Short title....................... • . . . . . . . . . . * * * * * * * * ... 1193.
Superintendence—Minister to have....... 1193
Unclaimed wreck................................. 1201
Vice Admiralty. Courts—Jurisdiction of,
not effected by this Act.................... ]:209
Who shall maké inquiries, &c.................. 1194
Witnesses’ expenses.............................. 1195
Wreck................................................. 1200
Foreign consul deemed agent............... 1201
Notice of, by receiver.......................... 1200
Owner may claim within a year........... 1201.
Penalty for failing to deliver............... 1200
Rules for persons finding..................... 1200
Sale of, by receiver.................. 2 * * * * * * * * s a 120l.
If for general advantage................... 120l.
If goods are dangerous..................... 1201
If Salvage is not paid....................... 120.1
INDEX TO CHAPTERS
The figures at the right of the columns denote the pages which are numbered at the bottom.
CHAP.
145
185
1O7
24.
69
40
149
169
29
12O
123
13O
93
56
1OO
1O6
1O5
82
- s PA (; E).
Accessories—An Act respecting....... 1831
Actions against persons administering
the Criminal Law—An Act re-
Specting.................. ................... 2.245
Adulteration Act............................ 1443
Agriculture—An Act respecting the
Department of........................... 249
Animal Contagious Diseases Act...... 985
Arbitrators—An Act respecting Offi-
cial .......................................... 603
Arms kept for dangerous purposes—
An Act respecting the seizure of 1843
Army and Navy—Offences relating to
the ........................................ ... 1979
Audit Act — Consolidated Revenue
and .......................................... 265
Bank Act............................... ......... 1599
Bills of Exchange and Promissory
Notes—An Act respecting. ......... 1649
Boards of Trade—An Act respecting
the incorporation of................... 1733
Bridges—An Act respecting............. 1245
British Columbia—An Act respecting
Certain Public Lands in............. 887
Butter—An Act to prohibit the Manu-
facture and Sale of certain substi-
tutes for.................................... 1329
Canada Temperance Act.................. 1401
Canned Goods—An Act respecting... 1399
Carriers by Water—An Act respect-
ing the liability of ..................... 1211
Census Act.......................... tº e º e º e º sº e º º 893
Certificates to Masters and Mates of
Ships—An Act respecting. ......... 1025
Chinese Immigration Act..............., , , 975
Civil Service Act............................, 203
CHAP.
83
167
119
2O
62
1O
144.
174:
6O
172
1O3
3O
32
117
90
58
73
637
17
9
111
8
54
31
33
PAGE.
Coasting Trade of Cauada—An Act
respecting the............................ 1213
Coin—Offences relating to the. ........ 1955
Companies Act................................ 1571
Companies Clauses Act. .................. 156]
Contingencies Act.................. ........ 239,
Copyright Act................................. 925
Corrupt Practices at Elections of
Members of the House of Com-
mons—An Act respecting inqui- .
ries as to . ................................. 173
Criminal Law of England—An Act
respecting the application of the
—to the Provinces of Ontario and
British Columbia...................... , 1829
Criminal Procedure Act................... 2001
Criminal Statistics—An Act respect-
1119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 903
Cruelty to Animals—An Act respect- .
10g . . . . . . . . . . . . . . . . . . . . . . . tº º e g g c tº e º ſº e < * * * * * * * 1987
Cullers' Act..... .................... tº º º ſº º is a g º ºs 1359
Currency—An Act respecting the.... 293
Customs Act. .............. tº e º 'º - e º 'º º tº e º is a tº e º a tº 301
Defective Letters Patent and the dis-
charge of securities to the Crown -
–An Act respecting ................. , 1559
Discharging of the Cargoes of Wessels
arriving at ports in Quebec—An
Act respecting the ..................... 1237
Dominion Controverted Elections Act 149
Dominion Day—An Act respecting... 1531
Dominion Elections Act. ............ ..... 89
Dominion Lands Act........................ 817
Dominion Notes—An Act respecting. 297
Duties of Customs—An Act respect- -
l ing the .................................... 365
18
secºnd Franchise Act........ * * * * * * * * * * . . 19
Civil Service Superannuation Act. ..., 221
5
148
INDEx To CHAPTERs.
The figures at the right of the columns denote the pages which are numbered at the bottom.
chap.]
132
139
140
150.
39
142.
141
97
1O8.
28
18O
148
94
165
143
16O
158
1O1
99.
23
Electric Telegraph Companies Act...
- Experimental Farm Station Act........
|Extradition Act...............................
95
PAGE.
1749
Escapes and Rescues—An Act respect-
111g & ...• sº e º t e º a • • * * •'. • * * * * * * * * * * * * * * * * * * * * * * *
Evidence Act…” 1805
Evidence relating to proceedings in
courts out of Canada—An Act re-
specting the taking of............... • *
Exemption of Transports from Port
and Harbor Dues—An Act re-
specting the ............ • . . . . . . . . . . . . . . ... 1233
889
|Explosive Substances Act................. 1845
Expropriation Act............ ~~~~
Extra-judicial Oaths—An Act respect-
ing...... ...... • * * * * * * * * * * * * * * * * * * * * * * * * * * * * * 1811
- Ferries—An Act respecting............., 1275
Fertilizers Act.................................
Finance and the Treasury Board—An
|Fines and Forfeitures—An Act re-
Fire-arms and other Weapons—An
Act respecting the improper use
Fisheries Act...... .......... ......... ......... 1257
Foreign Wessels—An Act respecting
fishing by.............. tº e s w tº e s e s a e < * * * * * * * * 1251
Forgery—An Act respecting............ 1927
Fugitive Offenders Act........... * 6 tº e º e s a tº , 1823
Gambling in Public Conveyances—
An Act respecting . . ......... tº e º 'º e º 'º ., 1883
Gaming Houses—An Act respecting. 1875
Gas Inspection Act................' ........"
|General Inspection Act....................
Geological and Natural History Sur-
včy of Canada—An Act respect- *
ing the............ e & a s tº s m e º 'º a s e a & º 247
• * * * * * * * *
Government Railways Act............... 578
Government Savings Banks—An Act
respecting ......... ... ........ 1631
* * * * * * * * * * * * *
Government Wessels Discipline Act... 100
Governor General—An Act respect-
ing the......... . . . . . . • * : * * * * * * * * * * * * * * * * * * 15
Act respecting the Department of 261
Specting.................................... 218.7 |
of............. e t e a g º is a s a • * * * * * * * * * * * * * * * * * * ... 1841 º
CHAP.
89
86
84
16
52
13
65
43
44
75
124
127
22
115
138
21
177
53
164
163
15
7O
125
159
168
- , , . PA (; E,
Harbor and River Police of the Pro-
virice of Quebec—An Act respect-
ing the .............. ‘. . . . . ...... * * * * * * * * * * . 1235.
Harbor Masters Act.............. * * * * * * * * * * * * 1227
Harbors, Piers and Breakwaters—An . .
Act respecting Government. ...... 1215
High Commissioner for Canada in the
United Kingdom—An Act re-
specting the....... ...................... 201
Homestead Exemption Act............... 797
House of Commons—An Act respect-
ing the................... .................. 191
Immigration Act........... .................. 949
Immigration Aid Societies—An Act
respecting ....... * . . . . . . . . . . . . . . . . . . . . . . . . 969
Indian Act...................... ............... 647
Indian Advancement Act................ 687
Inland Revenue Act........ ............... 413
Inland Waters Seamen’s Act............ 1089
Insurance Act................................. 1663
Interest—An Act respecting............. 1693
Interior—An Act respecting the De-
partment of the......................... 245
Interpretation Act........................... l
Investigations under Oath—An Act
respecting the making of certain. 1555
Judges of Provincial Courts—An Act
respecting...................... . . . . . . . . . . . . . 1797
Justice—An Act respecting the De-
partment of....................... ........ 243
Juvenile Offenders’ Act................, ..., 2115
Keewatin Act...................... . . . . . . . . . . . . 803
Larceny Act..................................., 1899
Libel—An Act respecting................. 1897
Library of Parliament—An Act re-
specting the......'........................ 199
Lighthouses, Buoys and Beacons and
Sable Island—An Act respecting. 997
Loans in Canada by British Com-
panies—An Act respecting ......... 1689
Lotteries, Betting and Pool-selling—
An Act respecting ..................... 1879
Malicious Injuries to Property—An
Act respecting.........................., 1963
INDEX To CHAPTERs.
149
The figures at the right of the columns denote the pages which are numbered at the bottom.
CHAP.
47
48
12
49
25
133
137
64.
161
17O
42
41
113
'79
45
5O
112
162
55
61
128
182
154
136
1O2
1. PAGE.
Manitoba—An Act respecting the Pro-
Vince of.......................... .......... 707
Manitoba–Claims to certain lands in
the Province of An Act respect-
ing..…..................... .......…. 709
Manitoba, in the Senate—An Act re-
; the Representation of
the Province of.......................... 189
Manitoba—Roads and Road Allow-
ances in the Province of An Act -
respecting ....................... '• * * * * * * s tº e 715
Marine and the Department of Fish-
eries—An Act respecting the De-
partment of............................... 251
Marine Electric Telegraphs—An Act
respecting................................. 1753
Maritime Court Act (Ontario)........... 1791
Marking of Timber—An Act respect-
ing the .............................….... 945
Marriage — Offences relating to the
law of....................................... 1885
Military and Naval Stores—An Act
respecting ................................ 1981
Military College—An Act respecting
the Royal.................................. 6.43
Militia Act ..................................... 611
Naturalization Act........................... 1535
Navigation of Canadian Waters—An
Act respecting the............ ........ 1151
North-West Mounted Police Force—
An Act respecting the................ 693
North-West Territories Act.............., 717
North-West Territories Representa-
tion Act........................ . . . . . . . . . . . . (55
Oaths of Allegiance—An Act re-
specting.................................... 1533
Offences against the Person ............. 1887
Ordnance and Admiralty Lands—
An Act respecting..................... 873
Patent Act ............. * * * * * * * * * * * * * * * * * * * * * * * * 907
Pawnbrokers—An Act respecting...., 1699
Penitentiary Act............................. 2203
Perjury—An Act respecting ...... ... , , 1863
Petition of right Act........................ 1785
Petroleum Inspection Act ... . . . . ........ 1845
CHA P.
184
85
35
152
151 .
153.
91
183
116
114
157
19
27
36
181
68
1O9
110
37
179
72
156
126
14.7
PAGE.
Police of Canada—An Act respecting
the.................. ............. tº e º e º it tº gº tº e 9• . 2243
Port Wardens—An Act respecting..... 1219
Post Office Act. ......... • * * * * * * * * * * * * * * * * * * ... 519
Preservation of Peace at Public Meet- .
ings—An Act respecting the....... 1857
Preservation of Peace in the vicinity
of Public Works—An Act respect-
ing the......................... ............ 1849
Prize Fighting—An Act respecting... 1859.
Protection of Navigable Waters—An
Act respecting the.......... • * * * * * * * * * * 1230
Public and Reformatory Prisons—An
Act respecting........ . . . . . . . . . . . . . tº gº e º a ſº tº 2225
Public Documents Engrossed on
Parchment—An Act to avoid the
necessity of having.................. ... 1557
Public Matters—An Act respecting
inquiries concerning................... 1553
Public Morals and Public Convenience
—Offences against................. ... 1871
Public Officers—An Act respecting... 227
Public Printing and Stationery—An
Act respecting the Department of 255
Public Works Act....................... ..... 555
Publication of the Statutes—An Act
respecting the............................
Punishment, Pardons and the commu-
tation of Sentences—An Act re-" "
;.... 2189
2- - -º-
Specting...... ................ ........*....
Quarantine—An Act respecting........ 981
Railway Act.................................... 1457
Railway Passenger Tickets—An Act
respecting the Sale of.................. 1527
Railways and Canals—An Act respect-
ing the Department of ........... ... 565.
Recognizances—An Act respecting... 21.7%
Registration and classification of ships
—An Act respecting the............, º
Religion—Offences against ............... 1869
Representation Act................ ..........
Returns by certain persons and corpo-
rations receiving moneys on de-
posit at interest—An Act respect-
ing.…....... ......... .................. 1691
Riots, unlawful Assemblies and
47
8O
Breaches of the Peace—An Act
respecting ................................ 1837
Pilotage *… tº . º º te tº ..., 1161
156 . . .
INDEX TO CHAPTERS.
The figures at the right of the columns denote the pages which are numbered at the bottom.
OHAP.
77
122
96
171
74.
134
26
11
‘76
14
175
59
PAGE.
Safety of Ships and the Prevention of
Accidents on board thereof—An
Act respecting the..................... 1111
Sularies of certain Public Function-
aries, &c.......................... ......... 17
Savings Banks in the Provinces of
Ontario and Quebec—An Act re-
Specting certain......................... 1637
Sea Fisheries—An Act to encourage
the development of — and the
building of Fishing vessels.......... 1273
Seamen in the Navy—An Act respect-
ing the protection of the property
of....................................…..... 1985
Seamen's Act....... ........................... 1035
Secrecy by officers and persons em-
ployed on Telegraph Lines—An
Act respecting........................... 1759
Secretary of State—An Act respect-
ing the Department of the. ......... 253
Senate and House of Commons—An
Act respecting the..................... 179
Sick and Distressed Mariners—An Act
respecting........... ...................... 1105
Speaker of the House of Commons—
An Act respecting the office of.... 197
Speedy Trials Act ........................... 2097
Statistics—An Act respecting, ......... 899
CHAP.
78
• 46
178
176
i85
51
173
98
87
63
166
131
14.6
104.
129
92
81
Steamboat Inspection Act....... ..* * * * * * * * ſº
Subsidies and Allowances to the Pro-
vinces—An Act respecting......... 703
Summary Convictions Act................ 2123
Summary Trials Act ........................ 2105
Supreme and Exchequer Courts Act. 1761
Territories Real Property Act............ 74.1
Threats, Intimidation and other Of-
fences—An Act respecting ......... 1991
Tolls on Government Works, &c.—An
Act respecting........................... 1279
Tonnage dues levied in Canadian
ports—An Act respecting............ 1231
Trade Mark and Design Act.............. 935
Trade Marks Offences Act. ............... 1945
Trades Unions Act........................... 1741
Treason and other Offences against
the Queen's authority—An Act
respecting. ................. ............. 1833
Weights and Measures Act................ 1375
Winding Up Act ............................. 1703
Works constructed in and over Nawi-
gable Waters—An Act respecting 1243
Wrecks and Salvage Act.................. 1193
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