of the provisions of this Act, a deduction at the rate of three per centum per annum shall be made from the salary of such person towards making good the superannuation allowance provided for by the said Act, such deduction to be instead of the deduction of two per centum per annum and one and onequarter per centum per annum respectively at the last mentioned date payable under the said Act. 56 V., c. 13, s. 15.

Annual report.

To Parliament.

REPORT.

17. The Superintendent of Insurance shall, within three months after the close of each fiscal year, prepare for the Minister a statement showing the amount received for premiums during the last fiscal year for all insurance contracts entered into previous to the said date, the amount of all sums paid in connection therewith during the said period, also the number of new contracts entered into since the previous statement and the gross amount thereof, with such further details and particulars as are deemed advisable.

2. The Minister shall lay the said statement before Parliament within thirty days after the commencement of the session thereof next after the date of the said statement. 56 V., c. 13, s. 17.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty."

256

CHAPTER 19.

An Act respecting Public Officers.

SHORT TITLE.

1. This Act may be cited as the Public Officers Act.

Short title.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, 'bond' Bond.' includes securities other than bonds.

COMMISSIONS.

3. The Governor in Council may make regulations declaring Regulations. and determining what dignitaries, officers or classes of officers, or persons in the public service of Canada, appointed under orders in council shall receive commissions under the Great Seal or under the Privy Seal respectively, and what fee shal be paid thereon; and such commissions may be issued to the dignitaries, officers and persons who have not received and are declared entitled to receive them; but nothing done under this section shall affect any commission issued before the commencement of this Act. 56 V., c. 14, s. 1.

4. Commissions issued under the foregoing provisions of this Registration. Act shall be recorded in the office of the Registrar General of Canada, and notice of the appointments shall be inserted in

the Canada Gazette by the Secretary of State, and a list of such Publication. commissions issued during the year shall be laid before Parliament within the first fifteen days of its next ensuing session in each year. R.S., c. 19, s. 2.

TIME AND MANNER OF GIVING AND EFFECT OF SECURITY.

shall give

5. Every person who is required to give security by reason Officers who of being appointed to any civil office or employment or commis- bonds. sion in any public department of the Government of Canada, or to any office or employment of public trust, or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public money under the Government, shall give and enter into a bond for the due performance of the trust 17 257

reposed

With sureties.

When.

Form.

Effect

Recitals.

Changes in form.

Bonds not complying with form.

Lien.

reposed in him, and for his duly accounting for all public moneys entrusted to him or placed under his control, in such manner and with such sureties as are approved of by the Governor in Council, or by the principal officer or person in the office or department to which he is appointed,

(a) within one month after notice of such appointment if he is then in Canada; or,

(b) within three months after such notice if he is then absent from Canada; or,

(c) if, at the time of such notice, he is absent from Canada, within one month after he arrives in Canada, if he shall so arrive within three months of such notice. R.S., c. 19, s. 5.

6. Whenever any person is required, under this Act or under any Act of the Parliament of Canada, or by any order of the Governor in Council, to give security for the due performance of the duties of any office to which he has been or is about to be appointed, such person may either solely, or together with sureties, as the case may be, give such security by bond to His Majesty in the form A in the schedule to this Act, or to the like effect. R.S., c. 19, s. 6.

7. Whenever a bond made according to the form A set forth in the schedule to this Act, or any other bond expressed to be 'made in pursuance of this Act, or referring thereto, contains the form of words set forth in column one of the said form, such bond shall be construed and have the same effect as if it contained the form of words set forth in column two of the said form. R.S., c. 19, s. 7.

8. Any recitals may be inserted prior to the condition of the bond, and the feminine gender may be substituted for the masculine, or the plural number for the singular, or vice versa, in the first column of the said form, and corresponding changes shall, in such case, be taken to be made in the corresponding form in the second column; and any express exceptions or qualifications or additions, made, introduced or annexed in the first column, shall be taken to be made in the corresponding form in the second column. R.S., c. 19, s. 8.

9. Any bond or part of a bond which does not take effect by virtue of the three sections of this Act last preceding, shall nevertheless be as effectual to bind the obligors therein, so far as the rules of law and equity will permit, as if the said sections had not been passed. R.S., c. 19, s. 9.

10. No bond given by any person, under this Act, to His Majesty, His heirs or successors, shall constitute any other or greater lien or claim upon the lands or tenements, goods or chattels of such person, than if such bond had been given to one of His Majesty's subjects. R.S., c. 19, s. 11.

surety and of attesting witness.

11. Every surety in any such bond shall make an affidavit Affidavits of in the form B, in the schedule to this Act, or to the effect thereof, before a justice of the peace; and the execution of every such bond shall be proved as to each person executing the same by an affidavit of the attesting witness, made in the form C, in the schedule to this Act, before a justice of the peace. R.S., c. 19, s. 10 and sch.

REGISTRATION.

bonds.

12. Every such bond, with the several affidavits thereunto Deposit and annexed, shall be recorded at full length in the Department record of of the Secretary of State of Canada, in the manner hereinafter mentioned; and the original bond and the affidavits thereunto annexed shall, after such registration, be deposited in the said Department.

2. Such registration and deposit shall be made within one Within what month after the bond is entered into or given, if the person time. on whose behalf it is entered into or given resides or is in Canada; and if he is absent from Canada, then within three months after the bond is entered into or given, unless such person arrives sooner in Canada, and then within one month after his arrival. R.S., c. 19, s. 10.

certificate.

13. The Secretary of State shall make an entry, and shall, Entry and if required, give a certificate, in writing, under his hand and seal, of every such bond brought to him to be registered as aforesaid, and therein shall mention the day on which such bond is so registered, expressing also in what book, page or number the same is recorded.

2. The Secretary of State shall, for the purpose of so Register. registering bonds, provide a separate register, every page of which, and every bond recorded in which, shall be numbered; and the day of the month and year when every such bond is registered shall be entered in the margin of the said register, and in the margin of the bond.

3. The Secretary of State shall keep separate alphabetical Index lists of the names of the principals and of the names of the sureties mentioned in such bonds, with reference to the book, page or number where the bonds containing such names are to be found, and shall enter and register the said bonds in the order of time in which they respectively come to his hands. R.S., c. 19, s. 11.

14. Every such bond shall be endorsed with the following Endorseparticulars, certified by the Secretary of State:

(a) The date of the bond;

(b) The date of its receipt by the Secretary of State;

(c) The names of the principals and sureties and the amount

for which each is bound;

ment.

(d)

Time reckoned from last execution.

Non-compli

ance not to invalidate.

Registration and deposit

expired.

(d) The office for the faithful discharge of the duties whereof the bond is given;

(e) The registration number;

(f) The folio on which the bond is entered in the register of bonds;

(g) The folio and book in which the bond is recorded in the office of the Secretary of State. R.S., c. 19, sch.

15. When the securities of the principal and sureties have been executed at different times, whether they were taken in one and the same bond, deed or other instrument, or in different ones, the period limited for registering and depositing such securities, shall be estimated from the time of execution thereof by the person who was the last to execute any such bond, deed or other instrument. R.S., c. 19, s. 18.

16. No neglect, omission or irregularity, in giving or receiving any bond or in registering or endorsing the same, within the periods or in the manner prescribed by this Act, shall vacate or make void any such bond, or discharge any surety from the obligation thereof. R.S., c. 19, s. 19.

17. All bonds hereby required to be registered and deposited, after delay shall be registered and deposited by the proper officer, notwithstanding the period prescribed for registering and depositing the same has expired; but no such registering and depositing of any bond shall be deemed to waive any forfeiture or penalty, Penalty not or to exempt the person on whose behalf the same is registered and deposited from any forfeiture or penalty under this Act. R.S., c. 19, s. 20.

waived.

By notice.

Forfeiture of office.

HOW A SURETY MAY TERMINATE HIS RESPONSIBILITY.

18. Any person who has become surety to the Crown for the due accounting for public moneys, or the proper performance of any public duty, by any person from whom such security is required, may, when no longer disposed to continue his responsibility as such surety, give notice thereof to his principal and also to the Secretary of State, and all accruing responsibility on the part of such person as surety shall cease at the expiration of three months from the receipt of the last of such notices, or upon the acceptance by the Crown of another surety in his place, whichever shall first happen. R.S., c. 19, s. 14.

CONSEQUENCES OF NOT GIVING SECURITY.

19. If any person, who, by reason of his appointment to. or his holding of any civil office, employment or commission in any public department, or office of public trust, or who, by reason of being concerned in the collection, receipt, disburse