If money be hands of the Commissioners, the Secretary may ap pear and make attached in the V. And be it enacted, That if any Writ of Saisie-arrét, Saisie Revendication or Attachment shall be served upon the said Commissioners, it shall be lawful for the said Secretary in any such case to appear on the return day of such Writ before the Court from which such Writ shall issue, and then and there for the said Secretary as well as the said Commissioners to make the declaration in such case required by law, according to the exigency of each case, which said declaration shall be taken and claration. received in all Courts of Justice in Lower Canada as and for the declaration of the said Commissioners. Walls, &e., taken down in executing Public Works to be replaced by the Commissioners. VI. And be it enacted, That when and so often as it shall be necessary in the prosecution of any public work or works for the said Commissioners, or their contractors, or authorized servants or agents, to pull down, take down or remove any wall or walls, fence or fences of any proprietor, owner or occupier of any lands or premises adjoining such public work or works, it shall be the duty of such Commissioners or contractors, or their authorized agents or servants, to replace the same as soon as the necessity which caused their being pulled or taken down or removed has ceased, and from and after the same shall have been so replaced, the said proprietor, owner or How to be kept occupier of the said lands or premises shall maintain such wall or walls, fence or up afterwards. fences, in the same manner and to the same extent as such proprietor, owner or occupier should or might be by law required to do, if the same had never been taken or pulled down or removed as aforesaid. VII. And be it enacted, That for and notwithstanding any thing contained in Schedule B 4, in the said first recited Act, it shall and may be lawful for the Governor in Council from time to time, on the report of the said Commissioners, to place the tollgates on the said roads in that Schedule mentioned at such places and such distances from each other, as shall appear to him advisable and requisite, and to vary, change and alter the said Schedule in all or any particulars in the said Schedule mentioned, so as the rates of toll shall not be increased beyond the amount in the said Schedule mentioned on each time of passing any toll-gate or gates, and to notify the same by Proclamation in the Official Gazette. VIII. And be it enacted, That it shall and may be lawful for the Governor in Council, to order the Tolls at the several gates erected or to be erected on any public road now or at any time hereafter vested in the Crown, or placed under the management or control of the Commissioners of Public Works by the hereinbefore first recited Act or by any future Act or Acts of the Legislature of this Province, to be let to farm in such manner and under such regulations and by such form of lease as he may think expedient at any time to adopt, and the Lessee or Farmer of such Tolls or any other person he may authorize or appoint, shall and may demand and take such Tolls so leased or farmed, and proceed for the recovery of the same in the name of such lessee or farmer in case of non-payment or evasion thereof, in the same manner and by the same means as are now given by law to any collector of Tolls or other persons authorized to collect the same. Notwithstanding Schedule c.37, Governor alter the place of Toll-Gates, B. 4 to 9 Vict. in Council may &c. and may not exceeding Schedule. the rates in the be detained IX. And be it enacted, That it shall be lawful for the collector or person appointed Timber passto collect the tolls, rates and dues on Timber passing any slide now or at any time ing sales may hereafter to be vested in the Crown or placed under the management or control of the until the Tolls Commissioners of Public Works, to detain any timber which shall have passed over such paid. slide thereon be And a penalty to be incurred by the person in charge. And if the Tolls, &c., be not paid with in ten days, the Timber may be sold. Part of Sect. 16, of 9 Vict. and larger limits of devia slide until all tolls, rates and dues thereon shall have been paid, or to refuse to permit any Timber to pass the slide until the tolls, rates and dues payable thereon for passing such slide shall have been paid; and the owner, conductor or person in charge of any Timber which shall have passed any such slide, who shall refuse or neglect forthwith to pay the rates, tolls and dues thereon, shall incur a penalty of ten shillings for each day he shall refuse or neglect to pay the same, and such penalty shall be payable with such rates, tolls or dues, and before the Timber so detained shall be released; and if such rates, tolls and dues, with the said penalty, be not paid within ten days after the timber shall have been so detained, such timber, or so inuch thereof as may be required to produce the sum payable, shall and may be sold by the collector or person appointed as aforesaid, who shall retain out of the proceeds a sum equal to the said rates, tolls and dues and the said penalty, and shall pay over the surplus and deliver the remainder of the said Timber (if any) to the owner thereof, or to the conductor or person in charge of the same when it was so detained as aforesaid. X. And be it enacted, That so much of the sixteenth section of the said first recited c. 37, repealed, Act as provides that it shall not be lawful for the Commissioners of Public Works to depart in any case more than five hundred yards from such line or lines as shall have been delineated on the maps or plans of any Public Work submitted to and approved of by the Legislature, be and the same is hereby repealed, and that it shall and may be lawful for the Commissioners of Public Works to deviate from any line or lines in any map or plan as aforesaid for a distance not exceeding one mile. tion allowed to the Commissioners. Sect. 25, and part of Sect. 30, of 9 Vict. XI. And be it enacted, That the twenty-fifth section and so much of the thirtieth section of the said first recited Act as relates to the time of bringing forward claims which c. 37, repealed. had arisen before the passing of the said first recited Act, be and the same are hereby repealed. MONTREAL :-Printed by STEWART DERBISHIRE & GEORGE Desbarats, Law Printer to the Queen's Most Excellent Majesty. WH CAP. XXV. An Act for regulating the Shipping of Seamen. [ 28th July, 1847. ] A shipping master to be appointed for the Port of Quebec. HEREAS great frauds have been practised and much inconvenience felt from Preamble. the system of shipping Seamen at the Port of Quebec, in that part of the Province which heretofore constituted the Province of Lower Canada: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada; and it is hereby enacted by the authority of the same, That from and after the passing of this Act, it shall be lawful for the Governor, or the Person administering the Government of this Province for the time being, to constitute and appoint during pleasure a fit and proper person to be Shipping Master for the said Port of Quebec, and who shall previously to entering upon his duties as such Shipping Master, himself, with two responsible sureties, enter into bonds to Her Majesty, Her Heirs and Successors in He shall give the penal sum of five hundred pounds currency each, for the faithful discharge of his duty, (which bonds shall enure to the benefit of all parties who may be damnified by the misfeasance, malfeasance or nonfeasance of the said Shipping Master, and all parties damnified shall be entitled to recover from him and his sureties before any Court of competent jurisdiction to the amount to which they may have been so damnified): and the And take an said Shipping Master shall, before entering upon the duties of his office, take and subscribe the following oath, before any of Her Majesty's Justices of the Court of Queen's Bench for the District in which the Shipping Master shall reside: security. oath of office. office. "I, A, B. do solemnly swear that I will faithfully and truly perform the office and His oath of "duty of Shipping Master according to the true intent and meaning of an Act passed "by the Legislature of this Province, in the tenth and eleventh year of Her Majesty's Reign, intituled, An Act for regulating the Shipping of Seamen; that I will not, either directly or indirectly, personally, or by means of any other person or persons on my behalf, receive any fee, reward, or gratuity whatsoever, by reason of any function of my office as Shipping Master, except such as are allowed to me by the said Act; " and I will not directly or indirectly accept of any bill or draft, bon or note, from any "Seaman whatsoever; and that I will act without partiality, favor or affection, and to the best of my knowledge; So help me God." Oath to be recorded. He may ap They shall give security and take the Which oath and bond shall be fyled and kept among the records of the office of the II. And be it enacted, That the said Shipping Master shall be, and he is hereby aupoint Deputies. thorized and empowered to appoint such and so many Deputies for the said Port, as shall by the Council of the Board of Trade at the said Port of Quebec be in the first place judged to be necessary, which said Deputy or Deputies shall have the power and authority given to him or them by this Act, and shall take and subscribe the above oath before any of Her Majesty's Justices of the Peace, and the same shall be fyled in the oath of office. office of the Clerk of the Peace for the District of Quebec; and any Deputy so appointed, shall himself, with two responsible sureties, enter into bond to Her Majesty, Her Heirs and Successors, in the penal sum of two hundred pounds each, for the faithful discharge of his duties, which bond shall enure to the benefit of all parties who may be damnified by misfeasance, malfeasance, or nonfeasance of the said Deputy, and all parties damnified shall be entitled to recover from the said Deputy and his sureties before any Court of competent jurisdiction, upon such bond, by suit or action, to the amount to which they may have been so damnified. Certain per sons may not be Shipping Master or Deputy. Fee for shipping seamen. Shipping Master to keep a registry of seamen shipped. Seamen to ex hibit their registry tickets before being shipped. Certain per sons only, authorized to hire seamen, for Merchant Ships. No ship own er, &c. to receive seamen hired contrary to this Act. III. And be it enacted, That no person selling or vending any spirituous liquors or groceries, tavern keepers or boarding-house keepers, or bailiffs, shall be eligible to the situation of Shipping Master or Deputy. IV. And be it enacted, That for each Seaman shipped, the Shipping Master shall be entitled to take and receive the sum of five shillings currency, and for every certificate of shipment, if required, the sum of two shillings and six pence from the Master of the Ship or Vessel on board of which such Seaman shall be shipped or to which he shall belong. V. And be it enacted, That the said Shipping Master shall keep a Registry of all Seamen shipped, which shall be open for public inspection. VI. And be it enacted, That every Seaman desirous of shipping shall first exhibit his Registry Ticket to the Shipping Master or Deputy, previously to being shipped, and unless the Seaman shall exhibit such ticket or shew to the satisfaction of the said Shipping Master or Deputy why he does not exhibit the same, such Seaman shall not be shipped. VII. And be it enacted, That no person not being such Shipping Master or Deputy as aforesaid, or not being the owner, part owner, master or person in charge of a Merchant Ship, or the Ship's Husband, shall hire, engage, supply or provide a Seaman to be entered on board any Merchant Ship; and no person whatever other than the owner, part owner, master or person in charge of a Merchant Ship or the Ship's Husband, shall demand or obtain the Register Ticket of any Seaman for the purpose or under the pretence of engaging him on board of any Merchant Ship. VIII. And be it enacted, That no owner, part owner, master, or person in charge of any Merchant Ship, or Ship's Husband, shall knowingly receive or accept to be entered on board the said Ship, any Seaman who has been hired, engaged, supplied or provided, to be entered on board thereof, contrary to the provisions of this Act. contravening ments. IX. And be it enacted, That every person guilty of any of the offences above de- Penalty for scribed shall forfeit and pay for each and every Seaman hired, engaged, supplied or pro- any of the vided to be entered on board, and for every Register Ticket demanded or obtained con- above enacttrary to the provisions of this Act, or for every Seaman knowingly received or accepted to be entered on board contrary to the provisions of this Act, any sum of money not exceeding ten pounds, upon conviction thereof, for each offence, although several Seamen may be included in the same contract, or several tickets may be obtained, or several Seamen may be received or permitted to remain at the same time. X. And be it enacted, That it shall be unlawful for any person to employ any person or persons other than such Shipping Master or Deputy, for the purpose of engaging or providing Seamen to be entered on board Merchant Ships; and that any such Shipping Master or Deputy, knowingly employing any other person for the purpose aforesaid, shall forfeit and pay a sum not exceeding ten pounds currency, and in addition thereto, shall forfeit and lose his office. No person but Master and his Deputy to be employed in procuring the Shipping seamen. Penalty. of seaman in Owner not to by the wages advance until he has signed the Ship's ArAnd then only to himself un six hours after ticles. XI. And be it enacted, That the owner, part owner, master or person in charge of any Merchant Ship or Ship's Husband, shall not pay in advance, nor give any note in writing or otherwise in the nature of, and purporting to be an advance note for any part of the wages of any Seamen hired, engaged, supplied or provided to be entered on board the said ship, until six hours after the Ship's Articles have been duly signed by the said Seaman, and by the master or owner of the said ship, and then only to the said Seaman himself, unless such wages or advance of wages be paid in money, in which case the payment thereof may be made to the said Seaman himself, at any period most conve- money. nient after the signing of the said Ship's Articles as aforesaid; and all payments of wa- Other payges contrary to the provisions of this Act shall be and are hereby declared to be null ments to be and void, and the amount thereof shall be recoverable by the said Seaman as if they had not been paid or advanced. XII. And be it enacted, That if any person shall demand or receive from any Seaman, or from any person other than the owner, part owner, master or person in charge of a Merchant Ship, or the Ship's Husband requiring Seamen, any remuneration whatever, either directly or indirectly, for and on account of the hiring, supplying or providing any such Seaman, he shall forfeit for every such offence a sum not exceeding five pounds currency. of less it be in void. No person (except as herein go on board before their arrival in dock mission of any son in charge merchant-men XIII. And be it enacted, That it shall not be lawful for any person (other than any officer or person in Her Majesty's service or employment, Harbour Master, Deputy Harbour Master, Health Officers and Custom House Officers) to go and be on board any Merchant Vessel arriving, or about to arrive at the place of her destination, before or previous to her actual arrival in dock, or at the quay or place of her discharge, without the permission and consent of the master or person in charge of the said vessel; and if any person (other than as aforesaid) shall go and be on board such vessel before or previous to her actual arrival in dock, or at the quay or place of her discharge, without the permission and consent of the said master or person in charge of the said vessel, he shall for every such offence forfeit and pay a sum of money not exceeding twenty pounds currency, and for the better securing the person of such offender, the master or person in charge of the said vessel is hereby authorized and empowered to take any person so offending as aforesaid into custody, and to deliver without per master or per thereof. Penalty. Offender may be taken into custody. |