session held in the thirty-second and thirty-third years of Her Majesty's Reign, intituled "An Act respecting malicious injuries to property," as printed by the Queen's Printer, is declared to have been inserted by a clerical error, and shall be struck out and form no part of the said section, in the French version of which the said error does not occur. Preamble. Short Titles. Interpretation. Action must be brought within six months. Commencement of Act. СНАР. 35 · An Act to amend the Law relating to Advertisements respecting Stolen Goods. [Assented to 14th June, 1872.] HEREAS under section one hundred and sixteen of the Act passed in the session held in the thirty-second and thirty-third years of Her Majesty's reign, chapter twentyone, intituled “An Act respecting Larceny and other similar Offences," whosoever prints or publishes advertisements for the return of stolen goods without questions being asked, or the like advertisements therein mentioned, forfeits the sum of two hundred and fifty dollars for any such offence, to any person who will sue for the same by action of debt to be recovered with full costs of suit: And whereas it is expedient to place such actions under certain restrictions: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Larceny Advertisements Act, 1872," and shall be construed as one Act with the recited Act, which may be cited as " The Larceny Act, 1869," and that Act and this Act may be cited together as "The Larceny Acts, 1869 and 1872." 2. In this Act, the term "newspaper" means a newspaper as defined for the purposes of the Acts for the time being in force relating to the carriage of newspapers by post. 3. Every action against the printer or publisher of a newspaper to recover a forfeiture under section one hundred and sixteen of" The Larceny Act, 1869," shall be brought within six months after the forfeiture is incurred. 4. This Act shall take effect on the first day of July next. СНАР. 36 VICTORIA. СНАР. 3. An Act to amend the Act respecting Procedure in HER [Assented to 3rd May, 1873.J ER MAJESTY, by and with the advice and consent of Preamble. the Senate and House of Cominons of Canada, enacts as follows: F. So much of the one hundredth and seventh section of S. 107 of 32, 33 "" the Act passed in the session held in the thirty-second and amended. thirty-third years of Her Majesty's reign, and intituled "An Act respecting procedure in criminal cases, and other matters relating to Criminal Law," as is in the words following:"it shall not be necessary for the judge before whom Words re"such prisoner has been convicted, to make any report of pealed. 66 tuted. the case previously to the sentence being carried into "execution; but" are hereby repealed and the following words are substituted for them-"the judge, before whom Words substi"such prisoner has been convicted shall forthwith make a "report of the case to the Secretary of State of Canada for the information of the Governor; and the day to be appointed for carrying the sentence into execution shall be "such as, in the opinion of the judge, will allow sufficient time for the signification of the Governor's pleasure before such day, and "-which words, so substituted, shall form part of the said section in the place and stead of those hereby repealed. 66 Con. Stat. 2. The fifth section of chapter one hundred and thirteen S. 5 of c. 113, of the Consolidated Statutes for Upper Canada, intituled for U. C. reAn Act respecting new trials and appeals and Writs of Error pealed. in Criminal cases in Upper Canada," is hereby repealed. СНАР. Preamble. Short title. Commence ment of Act. S. 329 of Imperial Act 17, 18 V., c. 104' repealed. Interpreta CHAP. 8. An Act with respect to the Carriage of Dangerous Goods in Ships. [Assented to 3rd May, 1873.] ER Majesty, by and with the advice and consent of the follows: 1. This Act may be cited for all purposes as, "The Carriage of Dangerous Goods Act, 1873." 2. This Act shall come into operation upon, from and after the day not being earlier than the first day of January, one thousand eight hundred and seventy-four, appointed for that purpose in any proclamation by the Governor, to the effect that the same has been confirmed and approved by Her Majesty in Council, which day is hereinafter referred to as the commencement of this Act. 3. Upon, from and after the commencement of this Act, section three hundred and twenty-nine of the Act of the Parliament of the United Kingdom, passed in the session thereof, held in the seventeenth and eighteenth years of Her Majesty's reign, chapter one hundred and four, "to amend and consolidate the Acts relating to Merchant Shipping," known as "The Merchant Shipping Act, 1854," shall be, and the same is hereby repealed, in so far as the same relates to ships registered in Canada. 4. In this Act, the word "ship" means only vessels used Ship." in navigation (not propelled exclusively by oars), registered in Canada; "Ships belonging to Her Majesty." "Master." 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;" Act not to apply to H.M. ships. Sending dangerous goods in ships unmarked. The word "master," includes every person having command or charge of any ship. 5. This Act shall not apply to ships belonging to Her Majesty. 6. If any person sends, or attempts to send by, or not being the master or owner of the ship, carries or attempts to carry in any ship, from any port or place in Canada, any dangerous goods, goods, that is to say, aquafortis, oil of vitriol, gunpowder, nitro-glycerine, naphtha, benzine, lucifer-matches or any other goods of a dangerous nature, without distinctly marking their nature on the outside of the package containing the same, and giving written notice of the nature of such goods, and of the name and address of the sender thereof, to the master or owner of the ship, at or before the time of sending the same to be shipped, or taking the same on board the ship, he shall for every such offence incur a penalty not Penalty. exceeding five hundred dollars: Provided that if such person Proviso. show that he was merely an agent in the shipment of any such goods as aforesaid, and was not aware, and did not suspect, and had no reason to suspect that the goods shipped by him were of a dangerous nature, the penalty which he incurs shall not exceed forty dollars. . goods under 7. Any person who knowingly sends, or attempts to send Sending such by, or carries or attempts to carry in any ship, from any port false descripor place in Canada, any dangerous goods, or goods of a dan- tion. gerous nature, under a false description, or falsely describes the sender or carrier thereof, shall incur a penalty not exceed- Penalty. ing two thousand dollars. refuse to 8. The master or owner of any ship may refuse to take on Master may board any package or parcel which he suspects to contain receive packgoods of a dangerous nature, and may require it to be opened age. to ascertain the fact. without no board. 9. Where any dangerous goods, as defined in the sixth Such goods section of this Act, or any goods which, in the judgment of sent on board the master or owner, are of a dangerous nature, have been tice, may be sent on board any ship, within the limits of the Dominion of thrown overCanada, without being marked as aforesaid, or without such notice having been given, as aforesaid, the master or owner of such ship may cause such goods to be thrown overboard; and neither the master nor the owner of the ship shall, in respect of such throwing overboard, be subject to any liability, civil or criminal, in any court in Canada. order of 10. Where any dangerous goods have been sent or Goods may be attempted to be sent, or carried or attempted to be carried, forfeited by on board any ship, from any port or place in Canada, with- Court. out being marked as aforesaid, or without such notice having been given as aforesaid, and where any such goods have been sent or attempted to be sent under a false description, or the sender or carrier thereof has been falsely described, it shall be lawful for any court of record or of superior jurisdiction, on application by or on behalf of the owner, charterer or master of the ship, to declare such goods to be, and they shall thereupon be forfeited, and when forfeited shall be disposed of as the court directs, СНАР. Preamble. Form of en An Act further to amend the "Act to make further provision for the Government of the North-West Territories." [Assented to 23rd May, 1873.] N amendment of the Act passed in the thirty-fourth year of Her Majesty's reign, intituled "An Act to make further provision for the Government of the North-West Territories,” Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The laws, institutions and ordinances which the Govacting laws. ernor in Council is empowered by the said Act from time to time to authorize the Lieutenant-Governor of the North West Territories to make, ordain and establish for the administration of justice in the same, and for the peace, order and good government of Her Majesty's subjects and others therein, shall hereafter be made, ordained and established by the Lieutenant-Governor, by and with the advice and consent of the Council appointed under the said Act, or any Act amending it, to aid in the administration of the North-West Territories; and any order of the Governor in Council made under the said Act, and giving such authority to the Lieutenant-Governor and his Council, is hereby confirmed, and shall be in force until repealed or altered by any subsequent order of the Governor in Council made under the Act first herein cited. Orders in Council under the said Act confirmed. Governor in Council may make such laws as Lt. Council is ed to make. 2. Subject to the provisions hereinafter made, it shall be lawful for the Governor in Council to make laws for the peace, order and good government of the said North-West Governor in Territories and of Her Majesty's subjects therein, in relation not empower- to all matters and subjects in relation to which the Lieutenant Governor and his Council aforesaid are not then empowered to make laws; and for that purpose, either to make new laws or to extend and apply and declare applicable to the North-West Territories, with such amendments and modifications as may be deemed necessary, any Act or Acts of the Parliament of Canada, or any parts thereof; and from time to time to amend or repeal any such laws and make others in their stead. The power hereby given shall extend to the modification, amendment or repeal of any Act mentioned in the schedule to this Act; and the Lieutenant-Governor, acting with the advice and consent of his Council, shall have like powers with respect to the subjects and matters in relation to which he is empowered to make laws: Extent of either authority. |