plaint may be brought.

Description of offence.

How excep

tion, exemption, etc., may be proved.

Certain per

sons not to

trates.

other functionary having, by law, the powers of two justices of the peace, if the offence is committed in any city, town or place in which any such magistrate or functionary has jurisdiction; and if the offence is committed elsewhere, then before two justices of the peace. R.S., c. 131, s. 20.

29. The description of any offence against this Act in the words of this Act shall be sufficient in law. R.S., c. 131, s. 20.

30. Any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of any offence charged under this Act, may be proved by the defendant, but need not be specified in the information; and if so specified and negatived in such information, no proof in relation to the matters specified and negatived shall be required on the part of the informant or prosecutor. R.S., c. 131, s. 20.

GENERAL.

31. No person who is a master, or the father, son or brother act as magis- of a master, in the particular trade or business in or in connection with which any offence under this Act is charged to have been committed, shall act as a magistrate or justice of the peace, in any case of complaint or information under this Act, or as a member of any court for hearing any appeal in any such case. R.S., c. 131, s. 21.

Purposes of trade union

ful.

Annual report for Parliament.

32. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise, or so as to render void or voidable any agreement or trust. R.S., c. 131,

s. 22.

33. The Registrar General of Canada shall lay before Parliament annual reports with respect to the matters transacted by him as Registrar under this Act and in pursuance thereof. R.S., c. 131, s. 23.

SECOND SCHEDULE.

Matters to be provided for by the Rules of Trade Unions registered under this Act.

1. The name of the trade union and the place of meeting for the business of the trade union;

2. Every object for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures which may be imposed on any member of such trade union;

3. The manner of making, altering, amending and rescinding rules;

4. A provision for the appointment and removal of a general committee of management, and of a trustee or trustees, treasurer and other officers;

5. A provision for the investment of the funds, and for an annual or periodical audit of accounts;

6. The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union.

R.S., c. 131, 2nd sch.

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

2219

CHAPTER 126.

An Act respecting Telegraphs.

SHORT TITLE.

1. This Act may be cited as the Telegraphs Act.

PART I.

Short title.

SECRECY.

persons from

2. The Minister of Public Works or such officer or person Exemption as he appoints for that purpose, may determine and decide of certain that any employee in connection with any telegraph line wholly declaration or partly under the control of the Government of Canada, shall as to secrecy. not be required to make the declaration as to secrecy provided for in this Part. R.S., c. 134, s. 1.

ators to

of secrecy.

3. Subject to the foregoing provision, every person who is Certain teleemployed in connection with any telegraph line wholly or graph operpartly under the control of the Government of Canada as an make a operator or in any other capacity in which he has opportunities declaration of becoming acquainted with information connected with matters of state or with any other information, shall before entering upon the duties of such employment, take and subscribe a declaration in the form set forth in the schedule to this Act before a justice of the peace or before a person appointed by the Governor in Council to take declarations under this Part. R.S., c. 134, s. 1.

4. All declarations taken under this Part shall be forwarded Registration of to the Department of Public Works, and shall there be kept declaraon file; and a register thereof shall be kept in the said Depart- tions. ment. R.S., c. 134, s. 2.

5. Every person who has made the declaration hereinbefore Punishment mentioned, and who, either directly or indirectly, divulges of operator declaring to any person, except when lawfully authorized or directed so and divulg to do, any information which he acquires by virtue of his ing informaemployment, is guilty of an offence against this Part, and shall, on summary conviction before a justice of the peace, be

2221

tion.

liable

Punishment

telegram.

liable to a penalty not exceeding one hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months, or to both penalty and imprisonment. R.S., c. 134, s. 3.

6. Every telegraph operator or other person in the employ of operators of a telegraph company, who divulges the contents of any divulging contents of telegram, except when lawfully authorized or directed so to do, is guilty of an offence against this Part, and shall, on summary conviction before a justice of the peace, be liable to a penalty not exceeding one hundred dollars and not less than fifty dollars, or to imprisonment for a term not exceeding six months, or to both penalty and imprisonment. R.S., c. 134, s. 4.

PART II.

ELECTRIC TELEGRAPH COMPANIES.

Interpretation.

'Company.' 7. In this Part, unless the context otherwise requires, 'the company' means a company incorporated by letters patent under the Companies Act for the purpose of constructing a line or lines of electric telegraph in Canada. R.S., c. 132,

Powers for

tion of the line.

s. 2.

Construction of Lines.

8. Every company may construct the lines of telegraph, the construc- authorized by its charter, along and upon any of the public roads and highways, or across or under any of the navigable waters within Canada, by the erection of the necessary fixtures, including posts, piers or abutments for sustaining or protecting the wires or cables of such lines; but the same shall be so constructed as not to incommode the public use of such roads or highways, or to impede free access to any house or other building erected in the vicinity of the same, or injuriously to interrupt the navigation of such waters. R.S., c. 132, s. 3.

No bridge over navigable river.

Order of transmission of despatches.

9. Nothing herein contained shall confer on the company the right of building a bridge over any navigable water. R.S., c. 132, s. 4.

Transmission of Messages.

10. The company shall transmit all despatches in the order in which they are received: Provided that every message in relation to the administration of justice, the arrest of criminals, the discovery or prevention of crime, and Government messages or despatches, shall always be transmitted in preference to any other

2222