CHAP. 45. Preamble. Governor in Council may authorize change of gauge. Or allow a third rail. Construing An Act to amend the Act respecting the construction of the Intercolonial Railway. [Assented to 23rd May, 1873.] WHEREAS it is expedient to amend the Act passed in the thirty-first year of Her Majesty's reign, chapter thirteen, intituled: "An Act respecting the construction of the Intercolonial Railway;" and to provide for a change and alteration of the gauge of the said Intercolonial Railway, and other Government Railways in New Brunswick and Nova Scotia: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. It shall be lawful for the Governor in Council to authorize and permit that the gauge of the said Intercolonial Railway and other Government Railways in New Brunswick and Nova Scotia, or any part or portion of the same, be changed and altered from five feet six inches, and be made four feet eight and a half inches. 2. It shall also be lawful for the Governor in Council to authorize and permit that a third rail be laid on the said Intercolonial Railway or on any of the other Government Railways in New Brunswick or Nova Scotia, or on any part or portion of any or all of the said railways. 3. This Act shall be construed as forming part of the above recited Act. CHAP. 46. An Act to amend "An Act respecting the Militia and [Assented to 3rd May, 1873.] Preamble. New provision HE ER Majesty, by and with the advice and consent of the follows: 1. The twenty-seventh section of the Act passed in the thirtythird year of Her Majesty's reign, intituled" An Act respecting the Militia and Defence of the Dominion of Canada," is hereby amended by substituting the following to the first portion of the said section down to and including the words military commanding officer only, viz. : on what oc "27. The Active Militia, or any corps thereof, shall be liable to By whom and be called out for active service with their arms and ammunition, casions the in aid of the civil power in any case in which a riot, disturbance Active Militia of the peace or other emergency requiring such service occurs, or out. may be called is, in the opinion of the civil authorities hereinafter mentioned, anticipated as likely to occur, and, (in either case) to be beyond the powers of the civil authorities to suppress, or to prevent or deal with, whether such riot, disturbance or other emergency occurs, or is so anticipated within or without the municipality in which such corps is raised or organized: and it shall be the duty of the Senior Officer of the Active Militia present at any locality to call out the same or any portion thereof as he considers necessary for the purpose of preventing or suppressing any such actual or anticipated riot or disturbance, or for the purpose of meeting and dealing with any such emergency as aforesaid, when thereunto required in writing by the Chairman or Custos of the Quarter Sessions of the Peace, or by any three magistrates, of whom the Warden, Mayor or other head of the municipality or county in which such riot. disturbance or other emergency occurs, or is anticipated as aforesaid, may be one; and to obey such instructions as may be lawfully given him by any magistrate in regard to the suppression of any such actual riot or disturbance, or in regard to the anticipation of such riot, disturbance or other emergency, or to the suppression of the same, or to the aid to be given to the civil power in case of any such riot, disturbance or other emergency; and every such requisition in writing as aforesaid shall Requisition express on the face thereof, the actual occurrence of a riot, dis- must be in writing. turbance, or emergency, or the anticipation thereof, requiring such service of the Active Militia in aid of the civil power for the suppression thereof: and every Officer, non-commissioned officer They must and man of such Active Militia or any portion thereof, shall on Commanding obey their every such occasion, obey the orders of his Commanding Officer : Officer. and the officers and men, when so called out, shall, without Officers and further or other appointment, and without taking any oath of menit con special con office, be special constables, and shall be considered to act as such stables; but so long as they remain so called out; but they shall act only as a their Military military body, and shall be individually liable to obey the orders Commanding of their Military Commanding Officer only." Officer only. any to obey lieu of s. 72, 2. The seventy-second section of the Act herein before men- New section in tioned, made and passed in the thirty-first year of Her Majesty's of 31 Vict, C. reign, is hereby repealed, and the following section is substituted 40. therefor as the seventy-second section of the said Act: tial. "72. Her Majesty may convene Courts of Enquiry and appoint Her Majesty officers of the Militia to constitute such Courts, for the purpose of Courts of En investigating and reporting on any matter connected with the quiry and governinent or discipline of the Militia, and with the conduct of Courts Marany Officer, non-commissioned officer or private of the force; and shall have power at any time to convene Militia Courts Martial, and to delegate power to convene such Courts, and to appoint officers to constitute the same, for the purpose of trying any officer, non-commissioned officer or private of the Militia for any offence Proviso offence under this Act, and to delegate also power to approve, confirm, mitigate or remit any sentence of any such Court; but no officer of Her Majesty's regular army on full pay shall sit on any Militia Court Martial. Preamble. WE CHAP. 47. An Act respecting Weights and Measures. [Assented to 23rd May, 1873.] WHEREAS it is expedient to provide for uniformity of weights and measures throughout Canada, and for that purpose to define and establish standard measures of length, weight, and capacity, and to make provision for the inspection of weights and measures in general use, and to legalize the use of the Metric System, by consent of parties: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows : Standard of length. Measures of length. Measures of superficies. Standard of weight. WEIGHTS AND MEASURES. 1. The "Imperial yard" shall be the standard measure of length, wherefrom all other measures of length, whether lineal, superficial or solid, shall be derived, computed and ascertained; and all measures of length shall be taken in parts, multiples or certain proportions of the standard yard. 2. One-third part of the standard yard shall be a foot; the the twelfth part of the foot shall be an inch; the pole or perch in length shall be five standard yards and a half; the furlong two hundred and twenty standard yards, and the mile one thousand seven hundred and sixty standard yards; the chain shall be twenty-two standard yards, and the link shall be the one hundredth part of a chain. 3. The rood of land shall contain one thousand two hundred and ten square yards according to the standard, and the acre of land shall contain one hundred thousand square links, or four thousand eight hundred and forty square yards. 2. The "Imperial pound Avoirdupois" shall be the standard measure of weight from which all other weights and measures having reference to weight shall be derived, computed and ascertained; and all weights and measures having reference to weight, She taken in parts, multiples or certain proportions of the standard pound Avoirdupois, 2. One sixteenth part of the standard pound Avoirdupois shall Measures of be an ounce; one sixteenth part of an ounce shall be a dram; the weight. one seven-thousandth part of the said pound shall be a grain; one hundred standard pounds Avoirdupois shall be a hundred weight; and two thousand standard pounds Avoirdupois shall be a ton. 3. A weight of one hundred standard pounds, Avoirdupois, Cental. shall also be and may be called and described as a "Cental." 3. The Troy ounce shall be equal to four hundred and eighty Troy weight. Avoirdupois grains, and shall be the standard measure of weight for gold, silver, platina and precious stones; and all measures of Troy weight shall be taken in parts, multiples and certain proportions of the Troy ounce. 2. Contracts and bargains made for, and sales of gold, silver, pla- For what tina and precious stones by the Troy ounce, as ascertained and purpose to be used. established by this section, and by any weights, being decimal parts or multiples of such ounce, shall be deemed to be good and valid. capacity for 4. The gallon known as the the "Imperial gallon," containing Standard of ten pounds weight of distilled water, weighed in air at a tempera- liquids. ture of 62 degrees Fahrenheit, and the barometer standing at thirty inches, shall be the standard measure of capacity to be used for liquids, from which all other measures of capacity in respect of liquids shall be derived, computed and ascertained; and all such measures shall be taken in parts or multiples or certain proportions of the standard gallon. One fourth part of the standard gallon shall be a quart, and one Parts of a eighth part of the standard gallon shall be a pint. gallon. 5. The bushel measure known as the "Imperial bushel," contain- Standard of capacity. Dry ing eight Imperial or standard gallons, shall be the standard mea- measure. sure of capacity for commodities sold by dry measure, from which all other measures of capacity in respect of such commodities, shall be derived, computed and ascertained; and all such measures shall be taken in parts or multiples or certain proportions, of the standard bushel. tain articles, tain time. 1. But until the first day of January, one thousand eight Bushel by hundred and seventy-four, in contracts for the sale or de- weight for cerlivery of any of the articles in this section mentioned, the during a cerstandard bushel shall be taken and intended to mean the weight of a bushel, as hereinafter mentioned, and not a bushel in measure, or according to any greater or less weight, unless the contrary appears to have been agreed upon by the parties :— Wheat... Sixty pounds. Peas cental. Dried Peaches........ Malt..... .Thirty-three pounds. ..Thirty-six pounds. Afterwards by And from and after the first day of January, one thousand eight hundred and seventy-four, all the above mentioned articles, when bought or sold by weight, shall be specified by the cental and parts of a cental. Proviso as to use of wine 2. Provided that for a period of seven years from the passing gallon, in cer- of this Act, the Wine gallon of 231 cubic inches, and the Wintain cases, and chester bushel of 2150 cubic inches, may be used in any case by during a certain time. special understanding between the parties to any contract or agreement; and during the said period of seven years the ratio or proportion which such measures shall bear to the standard measures, shall be as follows:-twelve Wine gallons shall be equal to ten Imperial or Standard gallons; one Winchester bushel and thirty-one thousandth parts thereof, shall be equal to one Imperial or Standard bushel: Verification of 3. Provided also that the Governor in Council may make such multiples and sub-multiples, provisions, not inconsistent with this Act, for the inspection and verification of the measures authorized in the foregoing proviso and their multiples and sub-multiples, as may be deemed necessary for the protection of the public. Multiples and may be named and authorized. 6. The Governor in Council may, from time to time, by an sub-multiples Order published in the Canada Gazette, declare any multiples or sub-multiples of any of the weights or measures herein mentioned to be legal weights or measures for any or all purposes whatever, by such names as shall be assigned to them in such Order in Council; and may order the discontinuation of any standards, and the substitution or construction of such others, not inconsistent with this Act, as may be from time to time deemed necessary. STANDARDS OF WEIGHTS AND MEASURES. Primary Stan- 7. The Minister of Inland Revenue shall cause to be prepared dards of length three sets of primary standards of length and weight, each set be prepared, consisting of and weight to |