Construction. years, and not less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years, with or without hard labour." And the said section, as so amended, shall form part of the said Act, and be construed and have effect as the forty-ninth section thereof. Preamble. New section for s. 105 of Removal of Insane of prisoners. CHAP. 51. An Act further to amend the law respecting certain matters of procedure in criminal cases. H [Assented to 23rd May, 1873.] ER MAJESTY, by and with the advice and consent of the 1. Section one hundred and five of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act respecting Procedure in Criminal Cases, and other matters relating to Criminal Law," is hereby repealed and the following substituted in lieu thereof: "105. The Lieutenant-Governor, upon such evidence of the insanity of any person imprisoned for an offence, or imprisoned for safe custody charged with an offence, or imprisoned for not finding bail for good behavior or to keep the peace, as the Lieutenant-Governor shall consider sufficient, may order the removal of such insane person to a place of safe keeping; and such person shall remain there, or in such other place of safe keeping, as the LieutenantGovernor may from time to time order, until his complete or partial recovery shall be certified to the satisfaction of the Lieutenant-Governor, who may then order such insane person back to imprisonment, if then liable thereto, or otherwise to be discharged." Preamble. CHAP. 52. An Act to extend the Act passed in the 33rd year of Her Majesty's Reign, intituled: "An Act to amend the "Penitentiary Act of 1868." [Assented to 23rd May, 1873.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: V. c. 30, s. and 1876. 1. For and notwithstanding anything contained in the Act Periods menpassed in the thirty-third year of Her Majesty's reign, intituled: tioned in 33, "An Act to amend the Penitentiary Act of 1868," the period 5, extended to beyond which no person sentenced in New Brunswick or Nova 1st May, 1875 Scotia to be imprisoned with hard labour for less than one year shall be received or imprisoned in the Penitentiary shall be extended to the first day of May, which will be in the year of Our Lord one thousand eight hundred and seventy-five; and the period beyond which no person sentenced in either of the said Provinces to imprisonment with hard labor for less than two years, shall be received or imprisoned in the said Penitentiary, shall be extended to the first day of May, which will be in the year of Our Lord, one thousand eight hundred and seventy-six. CHAP. 53. An Act to amend the Acts respecting the Inspection of [Assented to 3rd May, 1873.] ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: spection may tions from 1. For and notwithstanding anything contained in the third s.3 of 31 V.c. section of the Act passed in the thirty-first year of Her Majesty's 65 amended. reign, chaptered sixty-five, and intituled "An Act respecting the Board of InInspection of Steamboats and for the greater safety of Passengers make regulaby them," the Board of Steamboat Inspection may, at any time time to time hereafter, make rules and regulations for their own conduct; and subject to for the uniform inspection of steamboats, the selection of ports of approval. inspection, and granting licenses to engineers; and for such other purposes as may be necessary under the said Act; and may, from time to time repeal, alter or add to such rules and regulations, or inake others in their stead: and such rules and regulations shall respectively come into force after they have been approved by the Governor in Council, but not before: and copies of the proceedings of the Board, certified by the Chairman shall be transmitted to the Minister of Marine and Fisheries. der sec. 26 of 2. The temporary certificate authorized by the twenty-sixth Temporary section of the said Act to be granted to any person claiming to be certificate unqualified to perform the duties of an engineer in steamboats, shall 31 V., c.65 have the force and effect in the said section mentioned for a period to have force for six months. zot exceeding six months from the day on which it was granted; and for every such temporary certificate so granted the applicant shall pay the sum of five dollars, which shall go to the steamboat Fees. inspection fund as in the said twenty-sixth section mentioned. Power to the Governor in Council to exempt ferry boats from provisions of 31 V., c. 56, V., c. 39. 3. The Governor in Council may, at any time, order and direct that the provision of the said Act and of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, chaptered thirty-nine, and intituled "An Act to amend the Act respecting the Inspection of Steamboats, and for and 32 and 33 the greater safety of Passengers by them," shall not, or shall not for any time specified in the order, in so far as such provisions extend to the carrying of boats and life preservers, apply to any ferry boat specially mentioned in such Order in Council: and the Governor in Council may order and direct that such other provisions as he may deem advisable, with respect to the carrying of boats and life preservers on such ferry boat, shall be applicable to and shall be enforced in respect of such ferry boat. Preamble. WE CHAP. 54. An Act respecting Pilotage. [Assented to 23rd May, 1873.] WHEREAS it is expedient to make provision by one and the same law for the licensing and regulation of pilots, and for other matters relating to pilotage throughout Canada: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title. Definition of terms used in this Act. PRELIMINARY. 1. This Act may be cited for all purposes as "The Pilotage Act, 1873." 2. In this Act The term "the Minister," means the Minister of Marine and Fisheries; The term "ship "includes every description of vessel used in navigation not propelled by oars; The term "ships belonging to Her Majesty," includes ships the cost of which has been defrayed out of the Consolidated Revenue Fund of Canada; and ships described as the property of Canada by the one hundred and eighth section of "The British North America Act, 1867;" The term "master," includes every person having command or charge of any ship; The The term "pilot," means any person not belonging to a ship who has the conduct thereof; The term "boat," means every description of vessel used in navigation not being a ship; The term "pilot-boat," means any ship or boat employed in the pilotage service of any district; The term "license," includes a branch; The term "licensed pilot," includes a branch pilot; The term "pilotage authority," means any persons authorized to appoint or license pilots, or to fix or alter rates of pilotage, or to exercise any jurisdiction in respect of pilotage; The term "pilot fund," means any fund established by a pilotage authority, or by pilotage authorities for the relief of superannuated or infirm licensed pilots, or of their wives, widows or children, or of any two or more of such classes of persons collectively; Terms referring to the pilotage authorities of pilotage districts generally, as applied to the pilotage district of Quebec, mean and include only the Trinity House of Quebec; Terms referring to the pilotage authorities of the districts for which pilots are licensed, as applied to pilots for and above the harbour of Quebec, mean and include only the Montreal Harbour Commissioners. 3. This Act shall not come into operation until the first day Commenceof January one thousand eight hundred and seventy-four, which ment of Act day is in this Act referred to as the commencement of this Act. 4. Nothing in this Act shall apply to ships belonging to Her Act not to apMajesty, nor to ships wholly employed in Her Majesty's service ply to H. M. ships, &c. while so employed, the masters of which have been appointed by Her Majesty's Government, either in the United Kingdom or in Canada. PILOTAGE AUTHORITY. bec. 5. The Trinity House of Quebec shall be the pilotage Pilotage dis authority of the pilotage district of Quebec, comprising the trict of QueRiver St. Lawrence from the basin of Portneuf, inclusively, to an imaginary line drawn from the eastern anchorage ground off Barnaby Island to the eastern anchorage ground under Cape Columbia on the north shore, together with those parts of all rivers, waters, creeks, bays and coves within the said limits where the tide ebbs and flows. Pilotage treal. dis- 6. The Montreal Harbour Commissioners shall be the pilotage trict of Mon- authority of the pilotage district of Montreal, comprising the River St. Lawrence, from the basin of Portneuf exclusively, to the Province line, formerly dividing the Provinces of Upper and Lower Canada and now dividing the Provinces of Ontario and Quebec, and the several rivers falling into the St. Lawrence within the said limits, and also, so far as relates to pilots and their apprentices, pilotage, pilot dues and pilot boats for and above the Harbour of Quebec, of that part also of the pilotage district of Quebec comprising the River Saint Lawrence, between Saint Patrick's Hole and the basin of Portneuf, both inclusive, and that part of all rivers, waters, creeks, bays and coves within the said last mentioned limits where the tide ebbs and flows. Pilotage dis fax. 7. The Halifax Pilot Commissioners constituted as hereinafter trict of Hali- provided shall be the pilotage authority of the pilotage district of Halifax, the limits of which shall be fixed by an Order in Council, as hereinafter provided. Election and appointment of Halifax sioners, 8 For the purposes of this Act,and within fourteen days after the commencement of this Act, the City Council for the City of Halifax, Pilot Commis- hereinafter termed the City Council, shall elect two persons, and the Executive Committee of the Chamber of Commerce of the City of Halifax, hereinafter termed the Executive Committee, if any such there be, shall elect two persons, to be with the persons to be appointed by the Governor General, as hereinafter mentioned, the first Commissioners under this Act at Halifax ; and the names of the persons so elected by the City Council shall be forthwith, after such election, certified to the Minister under the seal of the City of Halifax; and the names of the persons so elected by the Executive Committee shall be forthwith, after such last mentioned election, certified to the Minister under the hand and seal of the City Clerk; and the Governor General may, within thirty days after the commencement of this Act, by an instrument under the Great Seal of Canada, appoint to be such Commissioners three persons: Provided, always, that if the City Council shall refuse or shall for such fourteen days neglect to make such election of such two persons, and to certify the names of such persons as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint two persons, and if there be no such Chamber of Commerce, or no such Executive Committee, or if the Executive Committee shall refuse, or shall for such fourteen days neglect to make such election of such two persons and to certify the names of such two persons as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint two persons to make up the full number of such Commissioners; Provided also, that if any And in case of person elected as aforesaid, shall refuse to accept the office, the Governor General may, by an instrument under the Great Seal of Canada, appoint in the place of the person so refusing, some other person to be such Commissioner. Proviso in case of failure to elect. Governor to appoint. refusal to accept. |