DISCIPLINE.

ment.

9. Whenever any person subject to this Act commits any of Offences and the following offences, he shall be liable on conviction before their punisha commissioner, or before any justice of the peace,— (a) for desertion, to imprisonment for any term not exceed- Desertion. ing four weeks with or without hard labour, and also to forfeit all or any part of the clothes and effects he leaves on board, and all or any part of the wages or emoluments which he has then earned;

to join or to

sea.

(b) for neglecting or refusing, without reasonable cause, to Neglecting join his vessel, or to proceed on any voyage or cruise in or refusing his vessel, or for absence without leave at any time within proceed to twenty-four hours of the vessel's sailing from any port, or for absence at any time, without leave and without sufficient reason, from his vessel, or from his duty, not amounting to desertion, to imprisonment for any term not exceed- Absence ing four weeks with or without hard labour, and also at leave. the discretion of the commissioner, or justice, to forfeit out of his wages a sum not exceeding the amount of ten days' pay;

without

leave.

(c) for quitting the vessel without leave after her arrival in Quitting port at the close of the season of navigation, and before without she is placed in security, to forfeit out of his wages a sum not exceeding ten days' pay;

(d) for wilful disobedience to any lawful command, to im- Wilful disprisonment for any term not exceeding four weeks, with obedience. or without hard labour, and also, at the discretion of the commissioner or justice, to forfeit out of his wages a sum

not exceeding two days' pay;

(e) for continued wilful disobedience to lawful commands, Continued or continued wilful neglect of duty, to imprisonment for disobedience. any term not exceeding four weeks, with or without hard labour, and also, at the discretion of the commissioner or justice, to forfeit for every twenty-four hours' continuance of such disobedience or neglect, a sum not exceeding two days' pay;

(f) for assaulting any master or officer of any Canadian Assault of Government vessel, to imprisonment for any term not ex- officers. ceeding four weeks, with or without hard labour;

(g) for combining with any other or others of the crew to Combining disobey lawful commands, or to neglect duty, or to impede to disobey. the navigation of the vessel, or the progress of the voyage, or the continuance of the cruise, to imprisonment for any term not exceeding four weeks, with or without hard labour;

embezzle

(h) for wilfully damaging the vessel, or embezzling or wil- Wilful fully damaging any of her stores, to forfeit out of his damage or wages a sum equal in amount to the loss thereby sustained, ment. and also, at the discretion of the commissioner or justice, 1873

118

to

Entry of

made in the

to imprisonment for any term not exceeding four weeks, with or without hard labour. R.S., c. 71, s. 8.

10. Upon the commission of any of the offences enumerated offence to be in the last preceding section, an entry thereof shall be made in the log-book, and shall be signed by the master and also by one of the officers or one of the crew.

log-book.

Offender to

2. The offender, if still in the vessel, shall before the next have copy. subsequent arrival of the vessel at any port, or, if she is at the time in port, before her departure therefrom, be furnished with a copy of such entry, and have the same read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit.

Further entries.

3. A statement that a copy of the said entry has been so furnished, and that the same has been so read over as aforesaid, and the reply, if any, made by the offender, shall likewise be entered and signed in manner aforesaid.

Evidence. 4. In any subsequent legal proceeding, the entries hereinbefore required shall, if practicable, be produced and proved, and, in default of such production and proof, the commissioner or justice hearing the case may, in his discretion, refuse to receive evidence of the offence. R.S., c. 71, s. 9.

Master or officer may apprehend deserter without

warrant.

Further proceedings.

Assistance of police.

Penalty for improper arrest.

11. Whenever, either at the commencement or during the progress of any voyage or cruise, any person subject to this Act neglects or refuses to join, or deserts from, or refuses to proceed on any voyage or cruise in any vessel belonging to the Government of Canada in which he is duly engaged to serve, or is found otherwise absenting himself therefrom without leave, the master or any officer of such vessel may, in any place in Canada, with or without the assistance of the police constables, apprehend him without first procuring a warrant, and may in any case, and shall, when such person so requires, if practicable, convey him before a commissioner or before some justice of the peace, to be dealt with according to law.

2. The master or other officer may, if such person does not require himself to be conveyed before a commissioner or justice, or if he does so require, and such course is impracticable by reason of there being no commissioner or justice at or near the place where such person is apprehended, at once convey such person on board such vessel; or the master or other officer may, for the purpose of conveying such person before such commissioner or justice, detain him in custody for a period not exceeding twenty-four hours.

3. Every police constable shall, when requested so to do, assist any master or officer of a vessel belonging to the Government in apprehending any person offending against the provisions of this Act.

4. If any such apprehension appears to the commissioner or justice before whom the case is brought to have been made on improper

18744

improper or insufficient grounds, the master or officer who makes the same or causes the same to be made, shall incur a penalty not exceeding one hundred dollars; but such penalty, if inflicted shall be a bar to any action for false imprisonment in respect of such apprehension. R.S., c. 71, s. 10.

on board

12. Whenever a person subject to this Act is brought before Deserters any commissioner, or justice of the peace, on the ground of his may be sent having neglected or refused to join or proceed on any voyage instead of or cruise in any vessel belonging to the Government of Canada, being imin which he is engaged to serve, or of having deserted or otherwise absented himself therefrom without leave, such commissioner or justice may, if the master or any officer thereof so requires, instead of committing the offender to prison, cause him to be conveyed on board for the purpose of proceeding on the voyage or cruise, or deliver him to the master or any officer of the vessel, to be by him so conveyed.

offender.

2. The commissioner or justice may in such case order any Costs to be costs and expenses properly incurred by or on behalf of the paid by the master, by reason of the offence, to be paid by the offender, and, if necessary, to be deducted from any wages which he has then earned, or which by virtue of his then existing engagement he may afterwards earn. R.S., c. 71, s. 11.

may be sent

mination of

13. If any person subject to this Act is imprisoned on the Person imground of his having neglected or refused to join or to proceed prisoned in any voyage or cruise in any vessel belonging to the Govern- on board ment of Canada in which he is engaged to serve, or of his before terhaving deserted or otherwise absented himself therefrom with- sentence. out leave, or of his having committed any other breach of discipline, and, if during such imprisonment, and before his engagement is at an end, his services are required on board his vessel, any justice of the peace may, at the request of the master or of any officer thereof, cause such person to be conveyed on board his said vessel for the purpose of proceeding on the voyage or cruise, or to be delivered to the master or any officer of the same, to be by him so conveyed, notwithstanding that the term for which he was sentenced to imprisonment has not expired. R.S., c. 71, s. 12.

14. Whenever a question arises, whether the wages of any Proof as to person subject to this Act are forfeited for desertion, it shall forfeiture of be sufficient for the person insisting on the forfeiture to show

that,

(a) such person was duly engaged in, or that he belonged. to the vessel from which he is alleged to have deserted;

(b) he quitted such vessel before the completion of the period of his engagement; and,

(c) an entry of the desertion has been duly made in the

wages.

log-book.

1181

1875

2.

2. The desertion shall thereupon, as far as relates to any forfeiture of wages or emoluments under the provisions hereinbefore contained, be deemed to be proved, unless the person can produce a proper certificate of discharge, or can otherwise show to the satisfaction of the commissioner or justice of the peace hearing the case that he had sufficient reason for leaving his vessel. R.S., c. 71, s. 13.

15. Any justice of the peace for the county or district in which is situated the port where the vessel, on board of which any offence against the provisions of this Act has been committed, touches next after the time of the commission of the offence shall have jurisdiction over any such offence.

2. Any sentence of imprisonment under this Act may be carried out in the common gaol of such county or district. R.S., c. 71, s. 14.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

1876

CHAPTER 112.

An Act respecting the Government Harbours, Piers

and Breakwaters.

SHORT TITLE.

1. This Act may be cited as the Government Harbours and Short title. Piers Act.

INTERPRETATION.

2. In this Act, unless the context otherwise requires, Definition. 'Minister' means the Minister of Marine and Fisheries.

APPLICATION.

3. Nothing in this Act shall apply to the harbour of Application Toronto, Quebec, Montreal, Halifax, Pictou, or St. John, New of Act. Brunswick, or any harbour under the management of commissioners appointed under any Act of the Parliament of Canada. R.S., c. 84, s. 8.

WORKS UNDER THE CONTROL OF THE MINISTER.

under the

the Minister.

4. Excepting such wharfs, piers and breakwaters as are on Certain or connected with canals, the use, maintenance and ordinary works to be repairs of all harbours, wharfs, piers and breakwaters con- control of structed or completed at the expense of Canada, or in any way the property of Canada, and the making and enforcing of regulations concerning such use, maintenance and ordinary repairs, and the collection of tolls and dues for such use, shall be under the control and management of the Minister. R.S., c. 84, s. 1.

repairs

5. Such construction and repairs and the works connected Constructherewith, other than maintenance and ordinary repairs, shall tion, and be under the control and direction of the Minister of Public under MinisWorks. R.S., c. 84, s. 1.

POWERS OF THE GOVERNOR IN COUNCIL.

ter of Public Works.

6. The Governor in Council may appoint or direct such Appointofficers or persons as he thinks proper, who shall have, under ment of