CHAPTER 130. An Act respecting the Shipping of Live Stock. SHORT TITLE. 1. This Act may be cited as the Live Stock Shipping Act. Short title. 54-55 V., c. 36, s. 1. INTERPRETATION. 2. In this Act, unless the context otherwise requires,— (c) 'certificate' means a certificate issued under and for (d) ship' means any vessel used in navigation; Definitions. GENERAL. by Governor 3. The Governor in Council may make rules and regulations Regulations for the health, security and safe carriage of live stock on ships. in Council. 2. Such rules and regulations shall be published in the Canada Gazette, and shall have the force of law from the date of their publication or from such later date as is therein Publication. appointed for their coming into force. 54-55 V., c. 36, s. 3. ment and remunera 4. The Governor in Council may appoint inspectors and Inspectors. determine the remuneration to be paid them out of the fees Appointcollected under the provisions of this Act; and any fees collected by an inspector in excess of the amount of the remuner- tion. ation so determined shall be paid over by him to the Minister of Finance, to form part of the Consolidated Revenue Fund of Canada. 1411 2243 2. Port warden ex officio inspector. Also chief officer of Customs. Statement of fees. Fee payable before clearance is granted. No clearance without inspector's certificate. Completion of cargo at another port. 2. At any port for which no inspector has been appointed under this Act, the port warden duly appointed by the Governor in Council shall be ex officio the inspector. 3. At any port at which there is no port warden so appointed, and for which no inspector has been appointed under the provisions of this Act, the chief officer of Customs at such port shall be ex officio the inspector, 4. Every inspector shall, as soon as may be after the thirtyfirst day of December in each year, furnish to the Minister a written statement of the fees collected by him under the provisions of this Act during such year and of the manner in which he has disposed of them. 54-55 V., c. 36, s. 4. 5. The Governor in Council may establish a fee to be paid on each head of live stock shipped on any ship carrying live stock; and no officer of Customs shall grant a clearance to any such ship with live stock on board until such fee has been paid. 54-55 V., c. 36, s. 5. 6. No officer of Customs shall grant a clearance to any ship carrying live stock until he receives the certificate of an inspector certifying, (a) the number of live stock such ship is adapted to carry; (b) the number actually on board for the intended voyage; (c) that the arrangements for carrying such live stock are approved of by him; (d) that the shelters or fittings, if such live stock is carried on the upper or spar deck, are sufficiently strong and substantial to ensure the safety of such live stock for the Voyage; (e) that such ship is seaworthy; and, (f) that all the requirements of the rules and regulations at the time in force respecting the health, security and safe carriage of live stock on ships provided for by or under this Act have been complied with. 54-55 V., c. 36, s. 7. 7. When any ship carrying live stock has complied with the foregoing requirements, and obtained a clearance at any port or place in Canada, and, not having on board as great a number of live stock as her certificate allows her for the intended voyage, proceeds to another port or place in Canada to complete her cargo of live stock, the master of such ship shall notify the inspector, before clearing, of his intention so to do; and it shall then be the duty of the inspector at the first port of clearance to notify the inspector at the port at which the ship is to complete her cargo of live stock, of the master's intention, the number of live stock on board, and the number allowed to be carried by the certificate for the intended voyage. 2. In such case the ship, upon her arrival at the port at Second which her cargo of live stock is to be completed, shall not take inspection. on any live stock until the accommodation for such additional stock has been inspected and approved of by the inspector of the port, who shall certify that the additional live stock shipped on board such ship does not cause the number on board to exceed the number allowed by the certificate for the intended voyage, and that the arrangements for carrying such additional live stock are approved of by him. without 3. No officer of Customs shall grant a clearance to any such No clearance ship for the additional live stock until he has received the certificate. inspector's certificate referred to in this section. 54-55 V., c. 36, s. 8. certificate in 8. Every certificate issued by an inspector shall be in tripli- Inspector's cate, one of which shall be delivered to the master or agent of triplicate. the ship, one to the chief officer of Customs of the port from which such ship clears, and one shall be retained by the inspector. 54-55 V., c. 36, s. 6. OFFENCES AND PENALTIES. Act an 9. Every person who sends or attempts to send or is a party Violation of to sending or attempting to send and every master who takes indictable or attempts to take such ship to sea without having first offence. obtained the certificate of an inspector certifying, (a) the number of live stock such ship is adapted to carry; (b) the number actually on board for the intended voyage; (c) that the arrangements for carrying such live stock are approved of by him; (d) that the shelters or fittings if such live stock is carried on the upper or spar deck are sufficiently strong and sub- (e) that such ship is seaworthy; and, (f) that all the requirements of the rules and regulations at the time in force respecting the health, security and safe carriage of live stock on ships provided for by or under this Act have been complied with, shall be guilty of an indictable offence and the ship shall be Penalty. liable to a penalty of one thousand dollars and may be seized and detained by any chief officer of Customs whenever and wherever found in Canada until such penalty and the costs of seizure are paid. 2. No prosecution under this section shall be instituted Prosecution. except by or with the consent of the Minister. 54-55 V., c. 36, s. 7. 10. Any master of a ship who fails to notify the inspector Failure to at any port from which he intends to proceed to another port notify or place in Canada to complete the vessel's cargo of live stock 2245 inspector. before Penalty. Overload ing. Penalty. Application before clearing therefrom of such intention or who sails or attempts to go to sea without having given such notice or takes on board any additional live stock at any such port or place to which he so proceeds until the accommodation of such additional live stock has been inspected and approved of by the inspector of such port or place, shall incur a penalty of one thousand dollars and such ship shall be liable for such penalty and may be seized and detained by any chief officer of Customs wherever and whenever found in Canada until such penalty and the costs of the seizure are paid. 54-55 V., c. 36, s. 8. 11. The master of any ship which proceeds to sea, or attempts to proceed to sea, with a greater number of live stock on board than is allowed by her certificate for the intended voyage, shall incur a penalty of one thousand dollars, and such ship shall be liable for such penalty, and may be seized and detained by any chief officer of Customs wherever and whenever found in Canada, until such penalty and the costs of the seizure are paid. 54-55 V., c. 36, s. 9. 12. All penalties recovered under the provisions of this Act of penalties. shall be paid over to the Minister of Finance to form part of the Consolidated Revenue Fund of Canada. 54-55 V., c. 36, s. 10. Certain Acts not affected. SAVING. 13. Nothing in this Act contained shall be deemed to modify or affect in any way the provisions of Part XIII. of the Canada Shipping Act, respecting Port Wardens, or any of the following Acts, or amendments thereto, namely: (a) Thirty-fourth Victoria, chapter thirty-three, intituled An Act to provide for the appointment of a Port Warden for the harbour of Quebec; (b) Thirty-sixth Victoria, chapter eleven, intituled An Act to amend the Acts relating to Port Wardens at Montreal and Quebec; and, (c) Forty-fifth Victoria, chapter forty-five, intituled An Act to amend and consolidate the Acts relating to the office of Port Warden for the harbour of Montreal; but the provisions hereinbefore contained shall, as respects the ports to which the said Acts respectively apply, be construed as enacted in addition to and not in derogation of the said Acts. 54-55 V., c. 36, s. 11. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 2246 CHAPTER 131. An Act respecting the incorporation of Live Stock Record Associations. 1. This Act may be cited as the Live Stock Pedigree Act. Short title. for incor 2. Any five or more persons who desire to associate them- Application selves together for the purpose of keeping a record of pure- poration. bred live stock of any distinct breed or several records each of a distinct breed of the same class of animals, may make application, in the form A in the schedule to this Act, to the Minister of Agriculture for incorporation. 2. Such application shall be in duplicate, and shall include In duplicate. a copy of the proposed constitution, by-laws and rules of the association. 3. The signatures to the application shall be verified by the Attestation affidavit of a subscribing witness thereto, before a notary of signatures. public, commissioner for taking affidavits or justice of the peace. 63-64 V., c. 33, s. 1. 3. If the Minister approves of the application, he shall cause Registration. one of the duplicates thereof to be registered in the Department of Agriculture, and the other to be returned to the applicants Certificate with a certificate endorsed thereon and signed by him, in the of Minister's form B in the schedule to this Act. 63-64 V., c. 33, s. 2. approval. tion of 4. Thereupon, from the date of such certificate, the appli- Incorporacants and such other persons as become members of the associ- association. ation shall be a body corporate and politic by the name specified in the application, with the constitution, by-laws and rules included therein, and with power to hold such property as is required for the carrying on of the business of the association. 63-64 V., c. 33, s. 3. associations 5. Not more than one association for each distinct breed of Number of horses, cattle, sheep or swine shall be incorporated under this limited. Act. 63-64 V., c. 33, s. 4. 6. The constitution, by-laws and rules of the association Constitu shall provide for,— (a) the registration of pedigrees of pure-bred live stock; tion, by-laws and rules. 2247 (b) |