Use of lights than in accordance with such approval. If any work is constructed contrary to this provision, the Department of Marine and Fisheries may, at the expense of the company, abate and remove it, or any part of it, and restore the site thereof to its former condition. 5. The company may, in or about the construction, mainand signals. tenance or repairs of any such work, use on board ship or elsewhere any light or signal allowed by any regulation to be made in that behalf by the said department. Abandoned or decayed work may be removed by department. Recovery by department from company, of expenses, &c. Extent of to be taken, limited. 6. If any such work, buoy or sea-mark is abandoned or suffered to fall into decay, the said department may, if and as it thinks fit, at the expense of the company, abate and remove it, and restore the site thereof to its former condition; and the said department may, at any time, at the expense of the company, cause to be made a survey and examination of any such work, buoy or sea-mark, or of the site thereof. 7. Whenever the said department under the authority of this Act, does, in relation to any such work, any act or thing which the said department is, by this Act, authorized to do at the expense of the company, the amount of such expense shall be a debt due to the Crown from the company, and shall be recoverable as such with costs; or the same may be recovered with costs, as a penalty is or may be recoverable from the company. 8 The company may, with the consent of the Governor Crown lands in Council, take and appropriate for the use of the company for its stations, offices and works, but not alienate, so much of the land held by the Crown for the Dominion, and the shore or bed adjacent to or covered by any gulf, bay or branch of the sea, or by any tidal water, as is necessary for constructing, completing and using the telegraph and works of the company. Provincial acquired. 9. The company may also acquire from any Province of lands may be the Dominion any land or other property necessary for the construction, maintenance, accommodation and use of the telegraph and works of the company, and also alienate, sell and dispose of the same when no longer required for the purpose of the company. Company may acquire land from other certain extent 10. The company may also acquire from any person or corporation any land necessary for the construction, mainteparties, and a nance and use of the telegraphic cable and works of the may be taken company, adjacent to or near the shore end or place of landby compulsory ing of the telegraph. And in case the company and such Railway Act. person or corporation should fail to agree upon the possession or price of such land, the company is hereby empowered to enter upon and take such land, limited to an area of five acres, process, under 1868. under under the powers, authorities and provisions of "The Railway Act, 1868,"-the sections of which, in respect to compulsory powers for the acquisition of lands, are hereby declared to be applicable to any company within this Act; and the powers, authorities and provisions contained in the said sections of "The Railway Act, 1868" are hereby declared to be vested in and exercisable by any such company for the purpose aforesaid. with until submitted to 11. The company shall not be entitled to exercise any of the Works not to powers by this Act conferred until the company shall have be proceeded submitted to the Governor in Council a plan and survey of the plans, &c., proposed site and location of such telegraph, and its approaches and approved at the shore, and of its stations, offices and accommodations on by Governor land, and of all the intended works thereunto appertaining, in Council. nor until such plan, site and location have been approved by the Governor in Council, and such conditions as he shall have thought fit for the public good to impose touching the said telegraph and works, shall have and works, shall have been complied with. and tariff of 12. The company shall transmit all messages in the order Transmission in which they are received, and at equal and corresponding of messages tariff rates, under the penalty of not less than fifty nor exceed- rates. ing two hundred dollars,-to be recovered with costs of suit by the person aggrieved; and the company shall have full power to charge for the transmission of such messages, and to demand and collect in advance such rates of payment therefor as shall be fixed from time to time as the tariff of rates by the by-laws of the company: Provided, however, Proviso, as to that arrangements may be made with the proprietors or pub- newspapers, lishers of newspapers for the transmission, for the purpose of publication, of intelligence of general and public interest, out of its regular order and at less rates of charge than the general tariff rates. &c. 13. Any message in relation to the administration of justice, Preferential the arrest of criminals, the discovery or prevention of crime, messages. and government messages or despatches shall always be transmitted in preference to any other message or despatch, if required by any person officially charged with the administration of justice, or any person thereunto authorized by the Secretary of State of Canada, or by the Secretary of State for the Colonies on behalf of the Imperial Government. may extend 14. No company or association of persons other than those What commentioned in the first section of this Act, or which becomes panies only incorporated in Canada under the next following section shall their wires maintain, construct or use any telegraphic wire or cable con- or cables necting two or more Provinces of the Dominion, or extending of any one beyond the limits of any Province, in, upon, under or across Province. any gulf, bay or branch of any sea or any tidal water within the beyond limits Proviso in favour of existing companies, Proclamation. the jurisdiction of Canada or the shore or bed thereof respectively: Provided that nothing in this section contained shall be construed to prohibit any existing telegraph company or association from continuing to receive and transmit messages until issue of over its line of marine telegraph, until such time as another company, under the authority and within the provisions of this Act, has constructed and is operating a line or lines of marine telegraph which shall have been determined by the Governor in Council to afford reasonable facilities for the transmission of marine telegraphic messages in lieu of the line or lines of such existing telegraph company or association, or to be a line or lines for doing business over a route of a competitive nature; and until the Order in Council declaring such determination shall have been published for three months in The Canada Gazette. Companies &c., may receive charter from Governor of Canada. Proviso: 15. In case any company is now or shall hereafter be incorporated authorized by any special Act of the Parliament of Great by Imperial Parliament, Britain, or incorporated under the Imperial Joint Stock Companies' Act or any other general Act of the Imperial Parliament or by Royal Charter, for establishing or maintaining telegra phic communication, in, upon, under or across any gulf, bay or branch of any sea or tidal water within the jurisdiction of Canada, the Governor in Council may, by letters patent under the Great Seal of Canada, and upon the terms and conditions to be contained therein, grant a charter to the persons forming such company, upon the company petitioning therefor; and such persons and others who may become shareholders in the company shall be constituted a body corporate and politic by the same name, and with the same power and constitution in Canada, for the said purpose and object of estab lishing and maintaining their said telegraph and works, within the jurisdiction of Canada; but any such grant shall charter to be be expressly subject to this Act, and conditional upon the company doing, observing and performing the several provisions thereof; and such letters patent, being published in The Canada Gazette with any Order or Orders in Council relating to the said letters patent, shall have the like force and effect, as if the company had been incorporated by special Act of Parliament: but no such letters patent or grant of corporate powers to be exercised within the jurisdiction of Canada shall be made to or conferred upon any company Proviso, as to or association which possesses any exclusive privilege of reciprocity in landing wire or cable for a marine telegraph in or upon the panies incor- coast of any state, province or country in America, Europe Canada. or elsewhere, unless an equal or reciprocal right or privilege of landing wire or cable, and establishing a marine telegraph upon the same coast is conceded to any and each of the companies in the first section of this Act mentioned, or which may become incorporated in Canada under the provisions of this section of this Act, so that any company incorporated or to be incorporated in Canada, subject to this Act. favor of com porated in may may enjoy the same advantages in maintaining its marine telegraph line in and upon the same coast as the said company which may possess such exclusive privilege : Charters for non-user, Provided that any grant of corporate and other powers Proviso: made to or conferred upon any company or association under this under this section may be revoked and declared forfeited by section may any Act of the Parliament of Canada for non-user for three be revoked consecutive years at any one time, or if the company do not and in certain go into actual operation within three years after the issue of other cases. the letters patent granting such powers; or in case the company shall at any time possess or acquire any exclusive. privilege of landing wire or cable for a marine telegraph in or upon the coast of any state, province or country in America, Europe or elsewhere, and an equal or reciprocal right or privilege of landing wire or cable and establishing a marine telegraph on the same coast is not conceded to any and each of the companies mentioned in the first section of this Act, or coming within the provisions thereof. s. 1, prohi certain agree 16. Each of the companies mentioned in the first section Companies of this Act, or which may become incorporated in Canada mentioned in under the next preceding section, is prohibited from entering bited from into any agreement for the transmission or interchange of entering into messages, or for participation in profits, or for the union or ments, &c. consolidation of capital stock, with any company or association of persons, which at any time may possess or acquire any such exclusive privilege of landing wire or cable for a marine telegraph, in in Newfoundland or the Danish possessions and where an equal or reciprocal right is not conceded as in the proviso to the said next preceding section mentioned; and every such attempted agreement shall be illegal and void. pany under 17. This Act shall not affect any franchise, right or privilege Rights of a which the New York, Newfoundland and London Telegraph certain ComCompany or any other company, or person lawfully entitled Acts of P. E. thereto, may have actually acquired and exercised or operated Island saved. in Prince Edward Island prior and up to the first day of July, eighteen hundred and seventy-three, under any Act or Acts of the Legislature of the Colony of Prince Edward Island made and passed prior to the said first of July, eighteen hundred and seventy-three, and subject to the provisions thereof respectively. 18. Nothing in this Act contained shall have the effect of Act not to depriving the Anglo-American Company (Limited) of any prevent proright, if any, which the said Company may have to proceed recovery of against the Dominion of Canada for damages or compensation compensation for any loss by it sustained by reason of its being prevented under the operation of this Act from maintaining or using from Canada. Right to amend reserved. its telegraphic wires or cables on the shores of Nova Scotia,the question of such right and the amount of such damages or compensation, if any, to be determined on petition of right. 19. The Parliament of Canada may, at any time, amend, vary or repeal any of the provisions of this Act. Preamble. 33 V., c. 14. Penalties on foreign steamers, sels, &c., from place to place in Canada. CHAP. 27. An Act to amend "An Act respecting the Coasting [Assented to 8th April, 1875.] IN 1. The Master of any steam vessel, not being a British ship, engaged, or having been engaged, after the passing of towing-ves this Act, in towing any ship, vessel or raft, from one port or place in Canada to another, except in case of distress, shall forfeit the sum of four hundred dollars, and such steam vessel may be detained by the Collector of Customs at any port or place to or in which such ship, or vessel, or raft is towed, until such penalty is paid, and the said penalty may be recovered and enforced in the manner provided by the Act passed in the thirty-first year of Her Majesty's reign, and intituled: "An Act respecting the Customs," with respect to penalties and forfeitures incurred under it, and as How this Act if imposed by it; and this Act shall accordingly be construed with reference to the said Act, and as forming one Act with it, and all words and expressions in this Act shall have the same meaning as the like words and expressions in the said Act. 31 V., c. 6. shall be construed. Exception as to foreign ships admit ted to coast ing trade. Imp. Act, 32 V., c. 11. 2. The Governor in Council may, from time to time, declare that the foregoing provisions of this Act shall not apply to the ships or vessels of any foreign country in which British ships are admitted to the coasting trade of such country: And where by treaty made before the passing of the Act of the Parliament of the United Kingdom, in the thirtysecond year of Her Majesty's reign, intituled: "An Act for amending |