or place in either of the said Provinces, on complaint before him by the oath of one or more credible witness or witnesses, that any seaman under this Act is concealed or secreted in any dwelling-house or out-house, or on board of any ship, or elsewhere, shall grant a warrant under his hand and seal, addressed to a constable or con ́stables there, commanding him or them to make diligent and immediate search, in or about such dwelling-house or out-house, or on board such ship, or such other place or places as shall be specified in the warrant, and to bring before him every such seaman found concealed, whether named in the warrant or not. 34. Any police officer or constable required under the provisions of this Act to give assistance to the master or any mate, or the owner, ship's husband or consignee of any ship in apprehending, with or without a warrant, any seaman duly engaged to serve in such ship, and neglecting or refusing to proceed to sea therein, or being found otherwise absenting himself therefrom without leave, may, at any time, enter into any tavern, inn, ale house, beer house, seaman's boarding house, or other house or place of entertainment, or into any shop or other place wherein liquors or refreshments are sold or reputed to be sold, whether legally or illegally, or into any house of ill-fame; and any person being therein, or having charge thereof, who refuses, or after due summons fails to admit such police officer or constable into the same, or offers any obstruction to his admission thereto, shall incur a penalty of not less than ten dollars nor more than fifty dollars for every such offence. 35. This Act shall not come into effect until the first day of January, A. D., 1876. REMOVAL OF WRECKS &c. CHAP. 29, 37 VIC. An Act for the removal of obstructions, by wreck and like causes, in Navigable Waters of Canada, and other purposes relative to wrecks. [Assented to 26th May, 1874.] W THEREAS it frequently happens that the navigation of the rivers and other waters of the Dominion, is obstructed by wrecks and other obstacles hereinafter mentioned; for remedy thereof, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:-- 1. Whenever in the opinion of the Minister of Marine and Fisheries, the navigation of any river, lake, bay, creek, harbour, or other navigable water over which the jurisdiction of the Parliament of Canada extends, is obstructed, impeded or rendered more difficult or dangerous by reason of the wreck, sinking or lying ashore or grounding, of any vessel or craft whatever, or of any part thereof, or other thing, and whatever the cause of such obstruction occurred before or after the passing of this Act, then if such obstruction continues for more than twenty-four hours, the said Minister may, under the authority of an order of the Governor in Council, cause the same to be removed or destroyed in such manner and by such means as he may think fit, including the use of gunpowder or other explosive substance if he deems it advisable, and may cause such vessel, craft, or its cargo or the material or thing causing or forming part of such obstruction to be conveyed to such place as he may think proper, and to be there sold by auction or otherwise as he may deem most advisable, and may apply the proceeds of such sale to make good the expenses incurred for the purposes aforesaid,-paying over any surplus of such proceeds to the owner or owners of the things sold, or other parties entitled to such proceeds or any part thereof, respectively. 2. The owner, master or person in charge of any vessel or craft or other thing, by which any such obstruction or obstacle as aforesaid is caused, shall forthwith give notice of the existence of that obstacle to the said Minister, or to the Collector of Customs, at the nearest or most convenient port, under a penalty of forty dollars for every day during which he neglects so to do without lawful or reasonable excuse ; but neither such notice nor anything in this Act shall be construed to exempt such owner, master or person from any obligation or responsibility with respect to such obstruction imposed on him by any other law then in force, or to derogate from or impair any power or right vested by such law in any Trinity House or other authority with respect to such obstruction, and not incompatible with the powers hereby vested in the Minister of Marine and Fisheries, under this Act. 3. Any pecuniary penalty imposed by this Act shall be recoverable and payment thereof enforced in a summary manner, with costs, before any two Justices of the Peace, or any magistrate having the power of two justices, under the "Act respecting duties of Justices of the Peace, out of sessions, in relation to summary convictions and orders;" and one moiety of such penalty shall belong to the prosecutor and the other moiety to the Crown for the public uses of the Dominion, unless the same be recovered on the evidence of such prosecutor alone, in which case the whole shall belong to the Crown for the uses aforesaid. 4. The Minister of Marine and Fisheries may appoint any officer of the Government of Canada by his name or title of office, and without otherwise naming or designating him, to make the enquiry mentioned in the first four sections of the Act passed in the Session held in the thirty-second and thirty-third years of Her Majesty's reign, and intituled "An Act respecting inquiries and investigations into shipwrecks and other matters," and such officer shall then have and perform all the powers and duties assigned by the said Act to any principal officer of Customs or other person appointed for the like purpose by the said Minister under the first section of the said Act; and the Governor in Council may appoint any officer or officers of the Government of Canada or any body corporate, commissioner or commissioners, constituted for any public purposes subject to the legislative authority of the Parliament of Canada, by his, their or its name or names, or title or titles of office, or corporate name, to be a court or tribunal under and for the purposes of the fifth and sixth following sections of the said Act, and such officer or officers or body corporate, commissioner or commissioners, shall then have and perform all the powers and duties assigned by the said Act to any such court or tribunal constituted under it. 5. In this Act the word "vessel" includes every description of ship, vessel, boat or craft of any kind, and whether propelled by steam or otherwise, and whether used as a sea-going vessel or on inland waters only. CHAP. 30, 43 VICT. An Act to amend the law respecting the removal of obstructions in navigable waters by wrecks. [Assented to 7th May, 1880.] N amendment of the Act passed in the thirty-seventh year of Her structions, by wreck and like causes, in navigable waters of Canada, and other purposes relative to wrecks" Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada enacts as follows: 1. Whenever, under the provisions of the Act cited in the preamble, the Minister of Marine and Fisheries has under the authority of an order of the Governor in Council, caused any obstruction or impediment to the navigation of any navigable water by the wreck, sinking or lying ashore or grounding of any vessel, craft or part thereof, or other thing to be removed or destroyed, and the cost of removing or destroying the same has been defrayed out of the public moneys of the Dominion, then, if the net proceeds of the sale under the said Act of such vessel, craft or its cargo, or the material or thing which caused or formed part of such obstruction, are not sufficient to make good the expenses incurred for the purposes aforesaid and the costs of sale, the amount by which such proceeds fall short of the expenses so defrayed as aforesaid and costs of sale, or the whole amount of such expenses, if there is nothing which can be sold as aforesaid, shall be recoverable with costs by the Crown from the owner or owners of the vessel, craft or other thing which caused such obstruction or impediment; and the sum so recovered shall form part of the Consolidated Revenue Fund of Canada. H CHAP. 55, 36 VICT. An Act respecting Wreck and Salvage. [Assented to 23rd May, 1873.] ER MAJESTY, by and with the advice and consent of the 1. This Act may be cited for all purposes as "The Wreck and Salvage Act, 1873." 2. This Act shall come into operation upon, from and after the first day of January, one thousand eight hundred and seventy-four. 3. In this Act. The term "the Minister," means the Minister of Marine and Fisheries; The word "Master," includes every person having command or charge of any vessel; The word "Vessel" includes every description of vessel used in navigation; The word "Tackle," used in relation to a vessel, includes all furniture and apparel thereof; The word "Goods," includes wares and merchandize of every description. Appointment of Receivers of Wrecks. 4. The Minister of Marine and Fisheries shall, throughout Canada, have the general superintendence of all matters relating to wreck and to shipping casualties; and the Governor may, from time to time, appoint any officer of the customs or, where it appears to him to be more convenient, any other person, to be a Receiver of Wreck, (in this Act referred to as Receiver); and may from time to time, remove any Receiver, and may from time to time, by order in council, establish, alter or abolish districts for the purposes of this Act, and assign a district to any Receiver, and may vary such district from time to time; and may from time to time make and vary regulations for the conduct of Receivers, subject to the provisions of this Act. And if, at any time, there be not any Receiver appointed for any district in which the City of Quebec, or the City of Halifax, or the City of St. John is included, then the Agent of the Department of Marine and Fisheries at such City shall be the Receiver for such district; and if, at any time, there be not any Receiver appointed for any other district, then the principal officer of Customs at the principal port in such district, shall be the receiver for such district. A Receiver acting in execution of his duties, in pursuance of this Act, shall have all the same powers and authorities as a principal officer of Customs or other person acting or appointed under the "Act respecting inquiries and investigations into shipwrecks and other matters," passed in the session held in the thirty-second and thirty-third year of Her Majesty's reign, chapter thirty-eight, and any person wilfully impeding a Receiver in the execution of his duty or making default in appearing or giving evidence before him, shall |