Слике страница
PDF
ePub

agreement.

not exceed fourteen days, and on the homeward passage, shall not Copy of exceed thirteen days on an average of the trips performed every three months; but if, from the prevalence of tempestuous weather, the outward passages from Liverpool to Portland during the months of December, January and February, should in any year exceed fourteen days on an average of the trips performed during said three months, the said Sir Hugh Allan shall not be subject to any penalty in consequence thereof, provided the average of such outward trips for the said named months does not exceed fifteen days.

19. That, in reckoning the time occupied by the steamers on the outward voyages, allowance shall be made for the time during which the steamers may wait at Londonderry for the arrival of the mails for Canada.

20. That when the presence of fog or ice makes it dangerous to run the vessel at full speed, it shall be the duty of the captain either to slacken the speed, or to stop the vessel as occasion may require, and the time lost by doing so, if proved to the satisfaction of the Postmaster-General, as hereinafter mentioned, shall be al.. lowed to the contractor in addition to the time specified for t'ae length of the voyage.

21. That the proof shall be by a report of the facts, ma de and sworn to by the captain, and such other evidence as the contractor shall adduce, or the Postmaster-General shall require or obtain; and the proof to be submitted by the said Sir Hugh Allan, shall be submitted to the Postmaster-General immediately, after the arrival of the steamer at her port, namely, at Quebec, Portland or Liverpool; such report and affidavit of the captain as to the time lost and the necessity thereof, shall be sufficient prima facie evidence for the purpose of the preceding clause.

of

22. That in the event of any serious accident bappening to any the steamers employed under this contract, whereby she may be disabled from making her homeward voyage, the contractor will be at liberty to substitute another steamship to carry the mails for that trip only.

23. That the said contractor shall not be called upon to pay for Dominion lights, or other similar dues du ring this contract, to which the said contractor, as owner of the steamers to be employed on the said service, should be liable.

24. That in case the average length of the homeward voyages in any three months exceeds the contract time subject to the allowances already provided for, the contrac tor shall pay one hundred pounds currency for every twenty-four hours of such excess for the first one hundred and forty-four hours' excess upon the aggregate of the voyages of such three months, as compared with the contract time, and two hundred pounds currency for every twenty-four hours of excess beyond the first one hundred and fortyfour hours of excess upon such three months' voyages.

8

Copy of agreement.

25. That no penalty shall be incurred by any delay occasioned by shipwreck or accident, not arising from misconduct, or from want of skill or foresight on the part of the contractor or his servants, or occasioned by aiding vessels in distress, or their passengers.

26. That the said Sir Hugh Allan doth bind and oblige himself to pay to the Receiver-General of Canada, for every trip not performed according to this contract, a penalty of five thousand dollars; and shall not be entitled to the payment for the trip or trips not made, in proportion to the amount of the present contract for the whole of the trips contracted for.

27. That the present contract is made for and in consideration of the sum of one hundred and twenty-six thousand five hundred and thirty-three dollars and thirty-three cents ($126,533.33) per annum, to be paid quarterly to the said contractor by the said Postmaster-General, the first payment to be made on the first day of July, eighteen hundred and seventy-three (1873).

28. That it shall be at the option of the Government of Canada to put an end to this contract, and render the same null and void at any time, should the terms and conditions thereof not be fairly fulfilled and carried out in their true and honest meaning, and this without being obliged to have recourse to law; but this contract shall not be voidable by the Government so long as the terms and conditions of it are fairly fulfilled and carried out in their true and honest meaning; and the right of the Government to annul the same for any cause shall be decided on by some tribunal having jurisdiction in such matters, if such there be, or by any tribunal which may be created or appointed by Parliament for this purpose; and such tribunal shall decide summarily, and without appeal by the said Sir Hugh Allan, and may, for the sake of expedition and substantial justice, dispense with the forms and! rules of procedure applicable to other cases.

29. That should the Government of Canada determine upon annuHing the contract, no penalty shall be payable for the breach or any of the breaches for which this contract shall be so annulled.

30. That should the Postmaster-General appoint any other port in Ireland than Londonderry for receiving and delivering the mails, such other variations shall be made in the conditions of the contract as may be equitable in consequence of such changes of port.

31. That the said contractor will have the power to void this contract at any time by giving the Government twelve months' previous notice of his intention to do so.

82. That this contract is made subject to the sanction of Partament at its next session

In witness thereof, the said parties have hereunto set their hands and seals, this first day of February, in the year of Our Lord, one thousand eight hundred and seventy-three.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

An Act further to amend the "Act to make further provision for the government of the North West

[ocr errors]

Territories."

[Assented to 23rd May, 1873:]

N amendment of the Act passed in the thirty-fourth year of Preamble. Her Majesty's reign, intituled "An Act to make further provision for the Government of the North West Territories," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The laws, institutions and ordinances which the Gov- Form of enernor in Council is empowered by the said Act from time acting laws. to time to authorize the Lieutenant-Governor of the North West Territories to make, ordain and establish for the administration of justice in the same, and for the peace, order and good government of Her Majesty's subjects and others therein, shall hereafter be madę, ordained and established by the LieutenantGovernor, by and with the advice and consent of the Council appointed under the said Act, or any Act amending it, to aid in the administration of the North West Territories; and any Order Orders in of the Governor in Council made under the said Act, and giving the said Act such authority to the Lieutenant-Governor and his Council, confirmed. is hereby confirmed, and shall be in force until repealed or altered by any subsequent Order of the Governor in Council made under the Act first herein cited.

Council under

2. Subject to the provisions hereinafter made, it shall be law- Governor in Council may ful for the Governor in Council to make laws for the peace, order make such and good government of the said North West Territories and of laws as Lt. Governor in Her Majesty's subjects therein, in relation to all matters and sub- Council not 81 jects

is

make.

empowered to jects in relation to which the Lieutenant Governor and his Council aforesaid are not then empowered to make laws; and for that purpose, either to make new laws or to extend and apply and declare applicable to the North West Territories, with such amendments and modifications as may be deemed necessary, any Act or Acts of the Parliament of Canada, or any parts thereof; and from time to time to amend or repeal any such laws and make others in their stead. The power hereby given shall extend to the either authori- modification, amendment or repeal of any Act mentioned in the schedule to this Act; and the Lieutenant-Governor, acting with the advice and consent of his Council, shall have like powers with respect to the subjects and matters in relation to which he is empowered to make laws:

Extent of

ty.

Laws not to be made for certain purposes.

Disallowance of laws and laying thei

ment.

3. Provided always, that no law to be so made, either by the Governor in Council or by the Lieutenant-Governor of the said Territories, with the advice and consent of his Council, shall,

1. Be inconsistent with any provision of any Act of the Parliament of Canada expressly referring to the said Territories; or

2. Impose any tax or any duty of Customs or Excise, or any penalty exceeding one hundred dollars; or

3. Alter or repeal the punishment provided by any Act mentioned in the schedule to this Act, or extended as aforesaid to the said Territories, for any crime or offence, or the legal description or character of the crime or offence itself; or

4. Appropriate any public money, lands or property of the Dominion without the authority of Parliament:

And a copy of every such law made by the Lieutenant-Governor of the said Territories and his Council, shall be mailed for before Parlia- transmission to the Governor in Council within ten days after its passing, and may be disallowed by him at any time within two years after its passing; and every such law made by the Governor in Council shall be laid before both Houses of Parliament as soon as conveniently may be after the making and passing thereof.

Copies for Queen's Printer to be evidence.

Customs and
Excise laws.

4. Any copy of any law made by the Governor in Council, or by the Lieutenant-Governor of the North West Territories, with the advice and consent of his Council, printed in the Canada Gazette or purporting to be printed by the Queen's Printer at Ottawa, or by the Queen's Printer or Printer to the Government of Manitoba at Winnipeg, shall be primâ facie evidence of such law, and that it is in force.

5. Unless and until it is otherwise ordered under this Act, and subject to the provisions of any Act passed during the present session, such provisions of the Customs and Excise laws of Canada, including those fixing the amount of duty, as shall be in force at any time in Manitoba, shall be also in force in the said North West Territories.

be in force in

6. Unless and until it is otherwise ordered by any law to be Certain Acts made under this Act, and subject to the provisions of any Act of Canada to passed during the present session, the Acts mentioned in the N.W. Terrlschedule to this Act, as limited in the said schedule; shall apply tories. to and be in force in the said North West Territories, as shall also all Acts of the Parliament of Canada relating to the Executive Government and the several Departments thereof, the public works of the Dominion, and the postal service and offences against the Acts relating thereto.

7. This Act shall come into force on the first day of November, in the present year 1873, and not before.

Commencement of Act.

SCHEDULE A.

Acts of the Parliament of Canada referred to in the sixth section of this Act.

[blocks in formation]

Acts passed in the First Session, 31st Victoria, 1867, 1868.

14 An Act to protect the inhabitants of Canada against lawless aggression from subjects of foreign countrics at peace with Her Majesty.

15 An Act to prevent the unlawful training of persons to the use of 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.

69 An Act for the better security of the Crown and of the Government. Act amended by 32, 33 Vict., chap. 17.

70 An Act respecting riots and riotous assemblies.

71 An Act respecting forgery, perjury and intimidation in connection with the Provincial Legislatures and their Acts.

72 An Act respecting Accessories to and Abettors in indictable offences.

73 An Act respecting the Police of Canada.

74 An Act respecting persons'in custody charged with high treason or felony.

Acts passed in the Second Session, 32, 33 Victoria, 1369.

18 An Act respecting offences relating to the Coin.

19 An Act respecting Forgery.

20 An Act respecting offences against the Person,

21 An Act respecting Larceny and other similar offences.

22 An Act respecting Malicious Injuries t› Property. As amended by 35 Vict., chap. 34.

23 An Act respecting Perjury. As amended by 33 Vict., chap. 26.

« ПретходнаНастави »