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CHAP. 41.

An Act respecting the Export Duties imposed on Lumber by the Legislature of the Province of New Brunswick.

[Assented to 23rd May, 1873.]

HEREAS by chapter fifteen, title three, of the Revised Preamble.
Statutes of New Brunswick, amended and made perman-

ent by later Acts of the Legislature of that Province, certain
duties of export on lumber shipped therefrom are imposed, the
proceeds whereof belong to the said Province, and by section one
hundred and twenty-four of "The British North America Act, B.N.A. Act.
1867," it is provided that nothing in that Act shall affect the
right of New Brunswick to levy the lumber dues imposed by the
said Provincial Act or any Act amending it, before or after the
Union;

And whereas, by article XXX of the Treaty of Washington, it Treaty of Washington is agreed that for the term of years mentioned in article XXXIII, cited. Her Majesty's subjects may carry, in British vessels, without payment of duty,-goods, wares and merchandise from one port or place within the territory of the United States, upon the St. Lawrence, the great lakes and the rivers connecting the same, to another port or place within the territory of the United States as aforesaid, provided that a portion of such transportation is made through the Dominion of Canada by land carriage, and in bond, under such rules and regulations as may be agreed upon between the Government of Her Britannic Majesty and the Government of the United States; and, by Article XXXI of the said Treaty, it is declared that Her Britannic Majesty further engages to urge upon the Parliament of the Dominion of Canada, and the Legislature of New Brunswick, that no export duty, or other duty, shall be levied on lumber or timber of any kind cut on that portion of the American territory in the State of Maine watered by the River St. John, and its tributaries and floated down that river to the sea, when the same is shipped to the United States from the Province of New Brunswick; and that in case any such export or other duty continues to be levied after the expiration of one year from the date of the exchange of the ratifications of the said treaty, it is agreed that the Government of the United States may suspend the right of carrying therein before granted under Article XXX of the said Treaty, for such period as such export or other duty may be levied ;

And whereas, the privilege granted by Article XXX of the said Treaty will be of advantage to Her Majesty's subjects in Canada, and tend to facilitate the commerce of the Dominion with the United States, and it is therefore desirable that such arrangements should be made with the Province of New Brunswick respecting the said export duty on lumber as will prevent the suspension of the said privilege, and with that view to offer to the said Province such fair indemnity as will compensate the

present

Additional subsidy if

duty and abandons right to

impose it.

present and prospective loss it would sustain by the total repeal of the said export duty and the abandonment of the right to impose any such duty in future,―inasmuch as it would be difficult to abolish the said duty on lumber cut on American territory only, without incurring great loss and expense and the risk of possible misunderstanding with citizens and authorities of the United States:

Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. If the Legislature of the Province of New Brunswick shall N. B. repeals pass an Act providing for the repeal of all duties of export on lumber exported from the said Province, and renouncing and abandoning all right of imposing any such duty thereafter, to the satisfaction of the Governor General, then from the time such repeal shall take place, there shall be paid to the said Province out of the Consolidated Revenue Fund of Canada, and in addition to any subsidy to which the said Province may be then entitled, a subsidy at the rate of one hundred and fifty thousand dollars annually, as indemnity for the loss of such duties and the right to impose the same.

Preamble.

Act 32 and 33

V., e. 16, con

tinued to end

of Session of

1874.

Proviso, as to
Acts of the

CHAP. 42.

An Act to continue for a limited time "The Insolvent
Act of 1869," and the Acts amending the same.

W

[Assented to 23rd May, 1873.] HEREAS it is expedient to continue for a limited time, as hereinafter mentioned, "The Insolvent Act of 1869," and all Acts amending the same, which would otherwise expire on the first day of September now next: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Act passed by the Parliament of Canada, in the thirtysecond and thirty-third years of Her Majesty's reign, chaptered sixteen, and intituled "An Act res ecting Insolvency," and all Acts heretofore passed in amendment thereof, shall be and are hereby continued and shall remain in force until the first day of January, one thousand eight hundred and seventy-four, and from thence until the end of the then next ensuing session of Parliament and no longer; and the said Acts shall have effect as if originally passed to continue in force until the period to which they are hereby continued.

2. Nothing herein contained shall prevent the effect of any Act present session. passed during the present session, repealing, amending, rendering

permanent

permanent or continuing to any further period than that herein appointed, the Acts hereinbefore mentioned and continued; or shall continue any provision or part of the Acts in this Act mentioned, which may have been repealed by any Act passed during the present session or in any previous session.

visions of the

3. The provisions of the " Act respecting Insolvency" applied by As to the proschedule A, No. 16, of the Act thirty-fourth Victoria, chapter thir- said Act apply teen, to insolvents resident in the Province of Manitoba shall con- ing to Mani

tinue to apply to such Insolvents until the said first day of January, toba.
one thousand eight hundred and seventy-four, and from thence
until the end of the then next ensuing session of Parliament and
no longer-in the case of composition and discharge mentioned in
section ninety-four to one hundred and eight, both inclusive, in
which "the Court shall mean the Court of Queen's Bench of
Manitoba, and " the Judge " shall mean the Chief Justice or one
of the Puisné Judges of that Court. '

CHAP. 43.

An Act further to amend the Act relating to Banks and

IN

Banking.

[Assented to 23rd May, 1873.]

34 V., c. 5.

N amendment of the Act passed in the thirty-fourth year of Preamble. Her Majesty's reign, and intituled: "An Act relating to Banks and Banking" Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Instead of the form given in the thirteenth section of the Form of monthly said Act as that in which the monthly returns to be made to the return Government by any bank to which the said Act applies are to be amended made up, the following form shall be substituted for all such returns to be made on or after the first day of July in the present year, one thousand eight hundred and seventy-three; and all the provisions of the said section and Act shall apply accordingly

RETURN of the amount of Liabilities and Assets of the

New form.

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3. Dominion Government deposits, payable after notice or on a fixed day......

4. Provincial Government deposits, payable on demand....

5. Provincial Government deposits, payable after notice or on a fixed day.....

6. Other deposits, payable on demand...

7. Other deposits, payable after notice or on a fixed day.....

8. Due to other Banks in Canada.....

9. Due to Agencies of the Bank or to other Banks or Agencies in foreign countries.......

10. Due to Agencies of the Bank or to the Bank itself, when its Head office is in the United Kingdom or to other Banks or Agencies in the United Kingdom.......

11. Liabilities not included under the foregoing heads.

ASSETS.

1. Specie.....

2. Dominion notes........

3. Notes of and cheques on other Banks.

4. Balances due from other Banks in Canada.......
5. Balances due from Agencies of the Bank, or from
other Banks or Agencies, in foreign countries...
6. Balances due from Agencies of the Bank, or from
other Banks or Agencies, in the United King-
dom

7. Government debentures or stock

8 Loans to the Government of the Dominion.

9. Loans to Provincial Governments......

10. Loans, discounts, or advances, for which shares of the capital stock of any other Bank are held as collateral security

11. Loans, discounts, or advances, for which the bonds
or debentures of municipal or other corpora-
tions, or Dominion, Provincial, British or Foreign
public securities are held as collateral securities
12. Loans, discounts, or advances, on current account
to corporations..

13. Notes and bills discounted and current
14. Notes and bills discounted, overdue and not spe-

cially secured .................

15. Overdue debts, secured by mortgage or other deed on real estate, or by deposit of or lien on stock, or by other securities

16. Real estate, the property of the Bank (other than the Bank Premises), and mortgages on real estate sold by the Bank

17. Bank premises..

18. Other Assets, not included under the foregoing

heads...........

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We

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; and we further declare that the bank has never at any time, during the period to which the said return relates, held less than one-third of its cash reserves in Dominion notes.

(Place) this

day of

18

A. B., President, &c.
C. D., Cashier, &c.

CHAP. 44.

An Act to amend "The Patent Act of 1872."

[Assented to 23rd May, 1873.]

W

HEREAS it is expedient to amend the several sections of Preamble. "The Patent Act of 1872" hereinafter specified: Therefore 35 V. C. 26, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

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1. The words "in the Canada Gazette in the fourth line of Section 5 amended. section five of "The Patent Act of 1872," are hereby repealed.

amended.

2. The word "assigns" in the last line of section eight of the Section 8 said Act is hereby repealed, and the words "other legal representatives" substituted in lieu thereof.

3. The following words are hereby inserted after the word " of" Section 11 in the last line but one of section eleven of the said Act:-" a amended. court of record or a public notary, or the mayor, or other chief magistrate of any city, borough, or town corporate in."

amended.

4. The following words are hereby added and inserted at the Section 14 end of section fourteen of the said Act:-" But the said Commissioner may in his discretion dispense with the said duplicate specification and drawing, and in lieu thereof cause copies of the specification and drawing, in print or otherwise, to be attached to the Patent, of which they shall form an essential part."

amended!

5. The said Act shall be amended by inserting the words "legal Section 16 representatives" after the word "administrators" in the sixteenth section thereof."

6. This Act shall be read and interpreted as forming one and To form one the same Act with the Act hereby amended.

Act with amended

CHAP.

Act.

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