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Then and in every such case, the person so offending shall The penalty. for every such offence incur a penalty not exceeding ten dollars, but this liability shall not prejudice the recovery of any amount payable by him as fare.

3. If any person on board a steamer, without reasonable excuse, Injuring or (proof whereof shall lie on him) does, or causes to be done, anything the steamer. obstructing in such manner as to obstruct or injure any part of the machinery or tackle of the steamer, or to obstruct, impede or molest the crew, or any of them, in the navigation or management of her, or otherwise in the execution of their duty on or about the steamer, he shall, for every such offence, incur a penalty not exceeding one Penalty. hundred dollars.

steamer may

4. It shall be lawful for the master or other officer of any steamer Master of and for all persons called by him to his assistance, to detain any detain offender against any of the provisions of the preceding sections of offender. this Act, whose name and address are unknown to such master or officer, and to convey such offender with all convenient despatch before some Justice or Justices of the Peace, to be dealt with according to law.

and how

32, 33 V.c.31.

5. Any penalty imposed by this Act shall belong wholly to the Application Crown; and may be recovered with costs, before any one Justice of penalties of the Peace, if it does not exceed ten dollars, and before any two enforced. Justices of the Peace, or any magistrate having the powers of two Justices of the Peace, under the "Act respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and orders," as amended by any subsequent Act or Acts, such Justices of the Peace having jurisdiction either in the place where the offence was committed, or if committed while the steamer is under way, then in the place where it shall next stop; and any Arrest by offender conveyed before such Justice or Justices, or magistrate master valid. under the next preceding section, shall be dealt with as if arrested. and brought before them on his or their warrant, under the said

Act.

CHAP. 58.

An Act to amend the Acts for more effectually preventing the Desertion of Semen; and for other purposes,

IN

[Assented to 23rd May, 1873.]

Namendment of chapter forty-three of the Consolidated Preamble. Statutes of Canada, intituled: An Act for more effectually preventing the desertion of seamen," and of the Act of the Parliament of Canada passed in the thirty-fourth year of Her Majesty's Reign, and intituled: "An Act for more effectually preventing

the

Right of appeal and certiorari taken

away in cases under Con.

of Canada, 34 Vict., c. 32.

the desertion of seamen in the Port of Quebec." Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. There shall be no appeal from any conviction or order adjudged or made under the Acts cited in the preamble to this Act, or either of them, by or before any Judge of the Sessions of the Stat. Canada, Peace, Police Magistrate, or any two Justices of the Peace, or Mac. 43, and Act gistrate having the powers of two Justices of the Peace, as to summary convictions and orders, for any offence against the said Acts, or either of them, committed after the passing of this Act; nor shall such conviction be quashed for want of form, or removed by certiorari into any of Her Majesty's superior courts of record; and no warrant or commitment, under the said Acts or either of them, shall be held void by reason of any defect therein, provided it be therein alleged that the party has been convicted, and there be a good and valid conviction to sustain the same.

Section 66, of

c. 31, ex

plained.

2. And for the avoidance of doubt, under the Act hereinafter 32 & 33, Vict. mentioned, it is hereby declared and enacted, that the Court of General or Quarter Sessions of the Peace appealed to, may grant or refuse in its discretion the request of the appellant or respondent to have a jury empannelled to try the facts of the case, under the sixty-sixth section of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's Reign, intituled: "An Act respecting the duties of Justices of the Peace out of Sessions, in relation to summary convictions and orders."

Preamble.

No. 86 of

of B.C. repealed.

CHAP. 59.

An Act to repeal the Law of British Columbia, intituled, "An Ordinance respecting Harbour and Tonnage Dues and to regulate the Licenses on the Vessels engaged in the Coasting and Inland Navigation Trade,"

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[Assented to 23rd May, 1873.]

TTER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The law numbered eighty-six in the Revised Laws of British Revised Laws Columbia, in force at the date of the Union of that Province with Canada, and intituled "An Ordinance respecting Harbour and Tonnage Dues, and to regulate the Licenses on the Vessels engaged in the Coasting and Inland Navigation Trade," is hereby repealed.

CHAP.

CHAP. 60.

An Act to make further provision for the improvement of the River St. Lawrence between Montreal and Quebec.

H'

[Assented to 23rd May, 1873.]

ER MAJESTY, by and with the advice and consent of the Preamble.
Senate and House of Commons of Canada, enacts as follows:-

improvement.

1. It shall be lawful for the Governor in Council to raise by Loan of $1,500,000 way of loan such sum not exceeding one million five hundred authorized thousand dollars, as may, with any other sums voted by Parliament towards the for the same purpose, be requisite to defray the expense of com- cost of the said pleting the ship channel in Lake St. Peter and the River St. Lawrence to the depth of not less than twenty-two feet at low water, and a width of not less than three hundred feet, from Montreal to the tide water above Quebec; such loan to be raised by the issue of debentures bearing interest payable half yearly at the rate of five per cent. per annum and redeemable in forty years.

formed.

sinking fund

at Montreal.

2. The work mentioned in the next preceding section, shall be How the work performed under the superintendence of the Department of Public shall be perWorks, either by the Harbour Commissioners of Montreal, under such arrangements as the Minister of Public Works may make with them; with the approval of the Governor in Council, or in such other manner as the Governor in Council may see fit: and Interest and the interest on the sums raised as aforesaid and expended on the to be paid out said work, at the rate of five per cent. per annum, and a sinking fund of harbour dues at the rate one per cent. per annum, shall be paid to the Receiver General by the said Harbour Commissioners, out of the tolls, rates and dues levied by them in the Harbour of Montreal; the said inte- When to rest shall be payable from the date of such expenditure, but the commence. said payment to the sinking fund shall commence and be reckoned only from the first day of July, one thousand eight hundred and seventy-eight; and the said interest and contribution to the sinking fund, shall be payable at such periods in each year as the Governor in Council may from time to time direct.

voted for the

3. A like rate of interest and sinking fund, to commence and be The same on payable respectively at the like times and periods, as are mentioned other sums in the next preceding section, shall be paid to the Receiver Gene- like purpose. ral by the said Harbour Commissioners out of the tolls, rates and dues aforesaid, on any sums voted by Parliament during the present or the now last session, for the improvement of the St. Lawrence between Montreal and Quebec, and expended for that purpose: and if, at any time, such tolls, rates and dues should be insufficient, or should be reported by the said Commissioners as likely to be insufficient, to meet such interest and sinking fund, as well on the sums so voted, as on those raised and expended under the preceding sections, after paying all other charges thereon,then the Act passed in the now last session of Parliament,

chapter

Act 35 V.,

chapter forty, "for imposing tonnage dues and wharfage c. 40, to apply "rates to meet the cost of improving the navigation of the St.

n certain

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Lawrence, between Montreal and Quebec;" and the powers therein given to the Governor in Council, shall apply, for the purpose of making good such insufficiency, as well to the tariff of rates to be fixed by any Act to be passed during the present session, respecting the Harbour of Montreal, and to the said sum of one million five hundred thousand dollais, mentioned in the first section, and to any sum to be voted in the present session for the improvement of the St. Lawrence between Montreal and Quebec, as to the present tariff of rates for the said harbour and the sum appropriated by the supply Act of last Session for the improvement of the said river.

4. The Act passed in the now last session, intituled "An Act respecting the Public Debt and the raising of loans authorized by Parliament," shall apply to any loan to be raised as aforesaid, subject to the special provisions of this Act.

Preamble.

16 V.c. 24. 18 V.c. 143.

ecital. V.c. 59.

CHAP. 61.

An Act respecting the Trinity House and Harbour
Commissioners of Montreal.

[Assented to 23rd May, 1873.]

WHEREAS by Acts of the legislature of the late Province of

Canada, passed in the sixteenth year of Her Majesty's reign, chapter twenty-four, and in the eighteenth year of Her Majesty's reign, chapter one hundred and forty-three, certain of the powers and authorities of the Trinity House of Montreal, were transferred to and vested in the Harbour Commissioners of Montreal;

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And whereas, by the Act of the Parliament of Canada, passed in the thirty-first year of Her Majesty's reign, chapter fifty-nine, relating to Lighthouses, Buoys and Beacons," and by an Act to amend the said last mentioned Act, passed by the said Parliament of Canada in the thirty third year of Her Majesty's reign, chapter eighteen, others of the said powers and authorities have been, and are transferred to and vested in the Minister of Marine and Fisheries;

And whereas, it is expedient that the remaining powers and authorities of the said Trinity House of Montreal, together with its property, (except as hereinafter provided), should be transferred to and vested in the said Harbour Commissioners of Montreal, and that the said corporation of the Trinity House of Montreal should be dissolved and should cease to exist:

Therefore

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

con

members and

and after 1st

1. Upon, from, and after the first day of July now next, so Corporation much of the Act of the legislature of the late Province of dissolved, and Canada, passed in the twelfth year of Her Majesty's reign, chapter officers disone hundred and seventeen, as provides for the existence and charged on tinuance of a body corporate and politic for the purposes of the July, 1873. said Act, by the name of the Trinity House of Montreal, and so much of the said last mentioned Act as makes it lawful for the Governor to appoint a Master, a Deputy Master and Wardens, to compose such corporation, and officers, clerks and bailiffs of the same, shall be, and the same is hereby repealed; and upon, from, and after the said day, the said corporation shall be and the same is hereby dissolved and extinguished, so that the same shall thenceforth wholly and entirely cease to exist, either in name or in deed; and the persons who shall then be respectively the Master, the Deputy Master and Wardens of the Trinity House of Montreal, or officers of the said corporation, shall be and they are hereby thenceforward relieved, exonerated and discharged from their and each of their obligation to execute the powers vested in them and each of them by the said last mentioned Act or any Act amending the same.

transferred to

Montreal.

2. Upon, from and after the said day all and every the then Powers, &c., remaining powers, authority and jurisdiction, rights, duties and Harbour Com liabilities, of the said Trinity House of Montreal, under the missioners of said last mentioned Act, and any Act or Acts amending the same, or under any Act or Acts of the legislature of the said late Province, or of the Parliament of Canada, shall become and be transferred to and vested in and shall be exercised and enjoyed, assumed and discharged by the said corporation of the Harbour Commissioners of Montreal, created and continued by the said Acts of the sixteenth and eighteenth years of Her Majesty's reign; who shall thenceforth be a body corporate and politic for all and every the purposes of so much of the said Act, twelfth Victoria, chapter one hundred and seventeen, as shall then be and remain unrepealed, as well as for the purposes of the said Act, eighteenth Victoria, chapter one hundred and forty-three, and the Acts amending the same; and may use their own common seal, in every case requiring the use of a seal under the provisions of the said Act, twelfth Victoria, chapter one hundred and seventeen, as amended by this Act, in the execution of the powers thereby and hereby conferred upon them; and may do in their own name all and whatsoever the said Trinity House of Montreal are by so much of their said Act of incorporation and Acts amending the same, as shall then remain unrepealed, authorized and empowered to do in their said corporate name; and all and every the provisions of so much of the said Act of incorporation and Acts amending the same shall apply to the said Harbour Commissioners of Montreal, in lieu and stead of the said Trinity House of Montreal.

3. Upon, from and after the said day, all moneys and Certain prosecurities for money, belonging to or vested in the said corporation red to the said

perty transfer

of

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