CHAP, 62. Preamble, Constitution altered on 1st An Act further to amend the Acts to provide for the management and improvement of the Harbour of Quebec. W [Assented to 23rd May, 1873.] HEREAS it is expedient to make further and better provision for the management and improvement of the Harbour of Quebec, and to alter the constitution of the Corporation of the Commissioners of the said Harbour: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: : 1. The Corporation of the Quebec Harbour Commissioners shall, of Corporation until the first day of October, which will be in the present year October, 1873. of our Lord one thousand eight hundred and seventy-three, remain constituted as it now is; but upon, from and after the said day the said corporation shall be constituted and consist of nine members,-. Members how three ot whom shall be appointed by the Governor, two by the Council of the Quebec Board of Trade, one by the Council of the Lévis Board of Trade, and three by the owners, consignees and agents who shall have paid harbour dues on vessels, goods, wares and merchandise, or otherwise, to the amount hereinafter set forth. appointed. Members of shipping interest and their votes. Proviso. Definition. Election by Onebec and 2. Each and every such owner, consignee or agent as aforesaid, shall be entitled to the following proportionate number of votes, that is to say, if he shall have paid for such harbour dues as aforesaid, within one year preceding the day of the election, the sum of one hundred dollars or upwards, he shall be entitled to one vote; if he shall have paid within the same period the sum of five hundred dollars or upwards, he shall be entitled to two votes, and to an additional vote for every five hundred dollars paid over and above the last mentioned sum: Provided always that no such owner, consignee or agent shall be entitled to more than ten votes in any case; and such owners, consignees or agents shall, for the purposes of this Act, be designated and known as the "Shipping Interest": The word "owner," "consignee" or or "agent," in this sectior, shall be held to include any firm, company, or association of persons carrying on business in copartnership; and any one of the partners, and no more, may vote for and in the name of such firm, company or copartnership. 3. The Council of the Quebec Board of Trade, and the Council of the Lévis Board of Trade, shall severally, at meetings to be held at their chambers or usual places of meeting, at noon on the first Monday in August in the present year, (or if that day should be a legal holiday, then on the next following day not being such holiday), elect-the said Council of the Quebec Board of Trade two persons, and the said Lévis Board of Trade one person, to fill the the office of Harbour Commissioners; and the person or persons having the majority of votes of the members of the Council personally present at the said meetings respectively shall be held to be duly elected, and the Secretary of the Board shall give him or them a certificate of his or their election, and shall also certify the Certificate of same to the Minister of Marine and Fisheries. election. shipping 4. The shipping interest. composed as above, shall, at a meet- Election by ing to be held at the office of the Quebec Harbour Commissioners, interest. in the city of Quebec, at noon on the first Wednesday in August in the present year (or if that day should be a legal holiday, then on the next following day not being such holiday) elect three persons to fill the said office of Harbour Commissioners: each and every person presenting himself to vote shall have previously deposited with the secretary of the meeting the necessary voucher or vouchers showing his qualification to vote, and the number of votes to which he is hereby entitled. The Secretary of the said Harbour Commissioners shall be ex officio secretary of the meeting, and shall keep a record of the minutes and proceedings of the meeting; and shall be the custodian of and shall preserve all vouchers deposited with him; and shall give the persons elected Certificate of certificates that they have been duly elected, and shall also certify the same to the Minister of Marine and Fisheries. election. 5. The persons so elected at any election after the first shall Term of office. hold office for six years, but may be re-elected. member to 6. At the expiration of one year from the day of the first One elected election, to be held as aforesaid, one of the six elected members retire in each shall retire, by lot; another shall retire by lot at the end of the year. second year thereafter, and a third shall retire by lot at the end of the third year; a fourth shall retire by lot at the end of the fourth year; a fifth shall retire by lot at the end of the fifth year, and the sixth shall retire by limitation at the end of the sixth year; and in each year a member shall be elected in the place of Election to the member so retiring, by the body by which he was elected, at a meeting to be held at noon on the same day of the week and month as the first election by such body, (or if that day be a legal holiday, then on the next following day not being such holiday,) but the members so retiring shall be eligible for re-election. fill vacancy. how filled by 7. Every vacancy happening, from time to time, among the Vacancies members of the said corporation appointed by the Governor, not Governor. being members so appointed by reason of the refusal or neglect of the Council of the Quebec Board of Trade, or of the Council of the Lévis Board of Trade, or of the Shipping Interest, or of refusal, when elected, to accept office, shall be filled up by the Governor; and every other vacancy may be filled vacancy may be filled by election of a member And by by the body by whom the member occasioning the vacancy was or might have been elected,-such election being made within fourteen days after the occurrence of the vacancy, and as nearly as possible in the manner prescribed for the first election; and the name of the person elected to fill such vacancy shall, forthwith after election. Certificate Election. of Or by the Governor in default of election. Term of office. Appointment how made. after his election, be certified to the Minister of Marine and Fisheries, as aforesaid. 8. In case the proper body as aforesaid refuses, or for fourteen days after the occurrence of any such vacancy neglects to fill up the same, and to certify to the said Minister the name of the person elected to fill the same, the Governor may appoint a person to fill such vacancy; and if any person elected at the first or any subsequent election to fill any office, refuses to accept the office, the Governor may appoint some other person to fill the same; and every person so appointed shall hold office for the same time as the elective member in whose place he is appointed would have held it, subject to the like provision as to retiring by lot. 9. Every appointment by the Governor under this Act shall te by Governor made by an instrument under the Great Seal of Canada; and the person so appointed shall hold office during pleasure; and any such appointment may be made at any time after the passing of this Act, to take effect on and after the first day of October next. Quorum. President. Time of entry into office. Corporation continued under new members. Inconsistent enactments repealed: 22 V.c.32. 10. Any five members of the corporation of the Harbour Commissioners of Quebec shall be a quorum, and the majority of any quorum may exercise the powers of the corporation; and the existence of a vacancy or vacancies among the members shall not prevent or affect the exercise of the said powers, provided there be a quorum as aforesaid. The members of the corporation may, from time to time, elect their own President. 11. The persons appointed or elected under this Act before the said first day of October next, shall enter into office and discharge the duties thereof on and after the same day; those to be thereafter appointed or elected shall enter into office and discharge the duties thereof from the date of such appointment or election. 12. Nothing in this Act shall be construed as making the Quebec Harbour Commissioners a new corporation, or as requiring that any officer thereof, being such immediately before the said first day of October next, should receive a new appointment; but the members of the Corporation elected before the said day shall go out of office on the said day; and the members of the said corporation under this Act, whether elected or appointed, and their successors elected or appointed, from time to time, as required by this Act, shall be held to be the successors of the members of the corporation under the Acts constituting or continuing or relating to it.' 13. So much of the Act of the legislature of the late Province of Canada, passed in the twenty-second year of Her Majesty's reign, and intituled "An Act to provide for the improvement and management of the Harbour of Quebec," or any other Act or law amending the said Act, or relating to the said Corporation of the Quebec Harbour Commissioners, as may be inconsistent with this Act, is hereby repealed. property for conditions. 14. Whenever the Quebec Harbour Commissioners desire to Corporation acquire any immovable property for the improvement or extension may acquire of the said harbour or the accommodations thereof, they shall cause the improve to be prepared a plan of such immovable property in triplicate; ment of the 'Harbour by one triplicate whereof shall be deposited in the office of the Clerk expropriation of the Peace of the City of Quebec, another thereof in the office of and on what the Minister of Marine and Fisheries, and the third in the office of Plans to be the Minister of Public Works: and such plan shall be submitted fyled after to the Governor in Council for approval, and, upon being duly ap- Governor in approval by proved, if an amicable arrangement with the proprietor of such Council. immovable property is not made, the said corporation shail have the right to acquire the same without the consent of the proprietor or proprietors thereof; and the third, fourth, fifth, sixth, seventh, Certain proeighth, ninth and tenth sub-sections of the ninth section of "The visions of Railway Act, 1868," shall apply to the acquisition of immovable Railway Act, 1868, to apply. property for the purposes aforesaid, to the same extent and in the same manner as if the said sub-sections had been passed with express reference to the said Harbour of Quebec instead of with reference to railways, and the said Quebec Harbour Commissioners were therein referred to instead of the Railway Company : priation. If, after one month from the deposit of triplicates of such map Proceedings or plan as herein provided and of the approval thereof by the for exproGovernor in Council, the said Corporation of the Quebec Harbour Commissioners shall not have agreed with the owner of such immovable property, then the said corporation shall have the right to acquire such land in manner following, that is to say: A notice shall be served upon the party in occupation of such Notice. land as proprietor, which notice shall contain,— 1st.-A description of the lands to be taken, or of the powers intended to be exercised with regard to any lands, describing them; 2nd.-A declaration of readiness to pay some certain sum or rent, as the case may be, as compensation for such lands or for such damages; and 3rd-The name of a person to be appointed as the arbitrator of the Quebec Harbour Commissioners, if their offer be not accepted: absent. If the proprietor of such land be absent from the Province of If the preQuebec, or be unknown, then, upon application to a Judge of the prietor be Superior Court for Lower Canada residing in the District of Quebee, accompanied by an affidavit of some officer of the corporation that such proprietor is so absent or that, after diligent enquiry, the party on whom the notice ought to be served connot be ascertained, the Judge shall order such notice to be inserted three times in the course of one month in two newspapers, one in the French and the other in the English language, published in the city of Quebec; and upon such publication being completed, the proprietor of such land Proceedings under Railway Act, 1868. Property vested in corporation in trust. Power to bring or defend suits. Recital. Loan of Appropriation debentures of the corpora tion. land shall be conclusively held to have received notice of the intention of the corporation to acquire the land according to the. provisions hereof: After the service of such notice or within one month after the publication thereof, the corporation may acquire such land in manner and form as provided for the acquisition of land by railway companies without the consent of the proprietor, to wit:-in the manner and form and by means of the proceedings prescribed by the fifteenth and following sub-sections of the ninth section of The Railway Act, 1868;" in the same manner and with the same effect as if the said sub-sections had been made specially applicable to the said corporation, and were incorporated in this Act. 15. All property acquired and held by the Quebec Harbour Commissioners under this Act shall be held to have been and is hereby declared to be transferred to and vested in and to be the property of the said corporation, in trust, for all purposes for which the said corporation was created, as fully to all intents and purposes as if so vested in them by their original Act of incorporation. 16. The said corporation shall have full power and authority to institute and defend all suits, actions and proceedings in any Court of Justice in respect of the said property and the land comprised within the said Harbour of Quebec, as fully as can be done. by proprietors holding lands by valid title, or as might be done by or on behalf of Her Majesty in respect of the bed or beach of the River St Lawrence. 17. And whereas the means at the disposal of the said corporation are altogether insufficient to enable them to meet their engagements, and at the same time to make such improvements in the said harbour as the trade of Quebec and of the Dominion imperatively require, therefore, For the relief of the said corporation of the Quebec Harbour Commissioners, and for the improvement of the said harbour, it shall be lawful for the Governor in Council to raise, by the issue of debentures bearing interest, payable half-yearly, at the rate of five per cent. per annum, and redeemable in forty years, the sum of one million two hundred thousand dollars : Out of the sum so raised the Governor in Council may authorize for purchase of the application of such sums as may be necessary for the purpose, to the redemption, at a rate not exceeding par, of such of the outstanding debentures of the Corporation as shall be presented for that purpose to such officer or person and in such manner as the Governor in Council may appoint: Provided always, that interest on all such debentures which shall not be so presented for redemption before the first day of October in the present year, one thousand eight hundred and seventy-three, shall cease to accrue on and after the said day: Proviso. 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