below cargo, and also between wheat or other grain, and the cargo to be stowed over it, and his certificate shall be prima facie Certificate. evidence of the good stowage of the cargo so far as these points are concerned."

And the sections so substituted shall form part of the said Act, Substituted each in the place of the section bearing the same number and for sections to be which it is substituted.

part of Act.

Warden to

2. The said Port Warden shall yearly, within seven days after Yearly rethe first day of January, transmit to the Minister of Marine and port by Port Fisheries, a Report of the business done in his office, and of his Minister of receipts and expenditure in respect thereof, in such manner and Marine, &c. form as the Minister may direct.

CHAP. 34.

An Act to provide for the appointment of Harbour Masters for certain Ports in the Provinces of Quebec, Ontario, British Columbia, and Prince Edward Island.

HE

[Assented to 26th May, 1874.]

ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows:

1. In the construction, and for the purposes of this Act (if not Interpreinconsistent with the context or subject matter), the following tation. terms shall have the respective meanings hereinafter assigned to them, that is to say:

"Ship" shall include every description of vessel used in navigation, not propelled by oars;

"Master" shall include every person (except a pilot) having command or charge of a ship;

"Harbour Master" shall mean a harbour master appointed under this Act;

"Port," shall mean a port to which this Act applies.

bour masters.

2. The Governor may, from time to time, appoint a fit and Governor may proper person to be harbour master for any port in any of the appoint har Provinces of Quebec, Ontario, British Columbia, or Prince Edward Island, to which this Act applies.

Annual report of harbour masters to

3. Every harbour master appointed under this Act shall be under the control of the Minister of Marine and Fisheries, to whom he shall furnish a report in writing and on oath, as soon as Marine, &c. possible after the thirty-first day of December in each year, of his doings in office, and of the fees of office received by him during such year.

Minister of

Duties and powers of harbour master to

4. The rights, powers and duties of the harbour master for any port, shall be such as may, from time to time, be conferred and imposed upon him by rules and regulations made by the Governor be defined by in Council for the government of his office and of the port for

Governor in
Council.

Penalties may

breach of regulations.

which he is appointed, and for his remuneration,—which rules and regulations the Governor in Council is hereby authorized and empowered to make, and from time to time to alter, amend or repeal: and any such rules and regulations may be so made to apply to any one or more ports to which this Act then applies, or may be afterwards extended by Order in Council to any such port.

5. The Governor in Council may, in and by any rule or regu be imposed for lation made under the next preceding section, impose any reasonable penalty, not exceeding in any case one hundred dollars, for the breach of such rule or regulation, with, in case of a continuing breach, a further penalty, not exceeding in any case ten dollars for every twelve hours during which such breach continues, but so that no such rule or regulation shall impose a minimum penalty; and every breach of any such rule or regula tion shall be deemed a contravention of this Act, and every penalty shall be held to be a penalty imposed by this Act.

Copies of regulations to be

furnished to pilots and

ship-masters.

Prosecution

such

6. The harbour master for any such port shall furnish copies of the rules and regulations made under the next preceding sections, and then in force, to every licensed pilot of the port, who shall give one of such copies to the master of every ship which he shall take in charge.

7. It shall be the duty of the harbour master of any such port for infraction to prosecute every person violating any rules or regulations made by the Governor in Council under this Act.

of regulations.

Remuneration of harbour masters.

Fees.

8. The harbour master for any port shall be remunerated for his services solely by the fees, or the portion hereinafter mentioned of the fees, which he may, from time to time, be authorized by the rules and regulations to be made as herein before provided for to collect, in respect of ships, not exempt from the payment thereof as hereinafter mentioned, entering such port, but which shall not at any time exceed the following rates, that is to say :

For every ship of two hundred tons or under, registered tonnage, one dollar;

For every ship of more than two hundred tons, but not more than three hundred tons, registered tonnage, two dollars;

For

For every ship of more than three hundred tons, but not more than four hundred tons, registered tonnage, three dollars;

For every ship of more than four hundred tons, registered tonnage, four dollars:

Ships engaged in trading between ports and places in the Dominion, or in the fishing trade, shall be exempt from the payment of any fee.

how fixed.

9. The salary or remuneration of each harbour master appointed Salary of har under this Act, shall be, from time to time, fixed by Order of the bour master, Governor in Council, but shall not exceed the rate of six hundred dollars per annum, and shall be subject to the provisions hereinafter made.

paid over to

Fund.

10. The harbour master of each port shall pay over, as soon as Balance of fees possible after the thirty-first day of December in each year, to the receivedt o be Receiver-General, to form part of the Consolidated Revenue Fund, Con. Rev. towards making good any sums which may be appropriated by Parliament for the payment of expenses in connection with the office of harbour master, and for the improvement of the harbour of the port for which he is appointed, all moneys received by him for fees under this Act during such year, after deducting therefrom the sum allowed him as aforesaid for his own remuneration; and if the moneys received by him for fees in any year amount to a less sum than is so allowed him, then such less sum shall be his remuneration for that year.

fees shall be

11. Such fees as aforesaid shall be payable only once in twelve On what occacalendar months, to be reckoned from the day upon which such sions only such payment shall be made, on any ship not exceeding one hundred payable. tons, registered tonnage, and not more than twice in any twelve calendar months (to be similarly computed) on any ship exceeding one hundred tons, registered tonnage,-that is to say, on any ship of one hundred tons or under, registered tonnage, the fee shall be payable on her first time of entering any port during any twelve calendar months, but not on any subsequent time of her entering the said port within the twelve calendar months immediately following; and on any ship of more than one hundred tons, registered tonnage, the fee shall be payable on her first time of entering any port during any twelve calendar months, and on her second time of entering the same port within twelve calendar months from the date of her first entering the same, but not on any subsequent time of her entering the same port during the same twelve calendar months.

bour master,

12. The harbour master of each port shall keep a book in which Book to be he shall enter from day to day the name of every ship not exempt kept by harfrom the payment of fees under this Act, entering such port, the and what it' name of her master, her registered tonnage, the date of her entering must shew. the port, and the sum, if any, received by him for his fee on her entering

Powers, &c., of harbour master ap

to cease on

this Act for

the same port

entering, under this Act; and such book shall be at all times, during office hours, open and free for inspection by any person, on demand, without fee or reward.

13. The powers and duties of the Harbour Master of any port appointed under any authority other than this Act, shall cease to pointed under be exercised by him, from the time when the Harbour Master any former law appointed under this Act shall come into office at such port, and appointment shall then and thereafter become and be vested in such last-menof one under tioned Harbour Master and his successors in office, in so far and in so far only as they shall not be inconsistent with this Act, or any rule or regulation made under it; and all claims, suits or proceedings for penalties incurred or offences committed against law, rule or regulation respecting such port, may be continued to judgment and execution as if this Act had not been passed; but all fees and all powers, duties, rules, regulations, or provisions of law inconsistent with this Act, or any rule or regulation made under it, by whatsoever authority they may have been given, imposed or made, shall cease, and be of no effect by virtue of such appointment under this Act.

To what Provinces and ports and

when the foregoing provi

sions shall apply. Ports excepted.

14. The foregoing provisions of this Act shall apply to the Provinces of Quebec, Ontario, British Columbia and Prince Edward Island only, and to such ports, and such ports only in either of the said Provinces as shall, from time to time, be designated for that purpose by proclamation, under an Order or Orders of the Governor in Council, except only the Ports of Quebec and Montreal, in the Province of Quebec, and of Toronto, in the Province of Ontario,-to which the said provisions shall not apply.

Preamble.

31 V., c. 40.

Section 16

amended as to enrolment.

CHAP. 35.

An Act to amend the Acts respecting the Militia and the defence of the Dominion of Canada, and to extend the same to the Province of Prince Edward Island.

WHEREAS

[Assented to 26th May, 1874.]

HEREAS it is expedient to amend and extend the Act passed in the thirty-first year of Her Majesty's reign, intituled "An Act respecting the Militia and Defence of the Dominion of Canada," and the Acts amending it, as hereinafter mentioned: therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The sixteenth section of the said Act is hereby amended by substituting the words "in every fourth year after the twentyeighth day of February, in the year one thousand eight hundred

and

and seventy-three," for the words "in each alternate year thereafter"; provided that in case of war or other emergency, the enrolment mentioned in the said section may be made at any time by order of the Governor in Council.

and 36 V.,c.46

2. The Act mentioned in the preamble, as amended by the Act The said Act passed in the thirty-fourth year of Her Majesty's reign, intituled and 34 V.,c.17 "An Act to extend the Act respecting the Militia and Defence of extended to the Dominion of Canada," and by the Act passed in the thirty- P. E. Island. sixth year of Her Majesty's reign, intituled "An Act to amend an Act respecting the Militia and Defence of the Dominion of Canada," and by this Act shall be, and is hereby extended, and shall apply to the Province of Prince Edward Island.

military dis

3. The Province of Prince Edward Island shall form a military The said Prodistrict for the purposes of the Act first herein cited, as if it had vince to be a been mentioned as such in section twelve of the said Act, and as if trict. the word "twelve" had been used in the said section and elsewhere in the said Act, instead of the word "nine," as the number of military districts, which have since been increased to eleven by the addition of the Provinces of Manitoba and British Columbia.

33 V., c. 22.

4. This Act and the Acts herein before cited may be cited together Short title. as "The Dominion Militia and Defence Acts," which shall be a sufficient citation of all the said Acts, including also the Act passed in the thirty-third year of Her Majesty's reign, intituled "An Act to facilitate the signing of Militia Commissions."

Divisions.

5. Sub-section two of section fifteen of the Act cited in the Appointments preamble of this Act, is hereby so amended as to allow appoint- for Company ments for Company Divisions in any city or town to be made 81 V., c. 40, s. from the residents of the Regimental Division within such city or 15 amended. town.

CHAP. 36.

An Act to establish a Military College in one of the
Garrison Towns of Canada.

[Assented to 26th May, 1874.]

WHEREAS it is expedient to make further provision for the Preamble.

education of Cadets and Officers of Militia in military knowledge and scientific pursuits connected with the military profession: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: