CHAP. 30. An Act to amend the Acts thirty-sixth Victoria, Chapter nine, and thirty-seventh Victoria, Chapter thirtyfour, respecting the appointment of Harbour Masters. [Assented to 8th April, 1875]. N amendment of the Act passed in the thirty-sixth year of Preamble. Her Majesty's reign, and intituled "An Act to provide for the appointment of Harbour Masters for certain ports in 36 V., c. 9. the Provinces of Nova Scotia and New Brunswick," hereinafter referred to as "the Act firstly mentioned," and of the Act passed in the thirty-seventh year of Her Majesty's reign and intituled, "An Act to provide for the appointment 37 V., c. 34. of Harbour Masters for certain Ports in the Provinces of Quebec, Ontario, British Columbia and Prince Edward Island," hereinafter referred to as "the Act secondly mentioned"; Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The eighth section of the Act firstly mentioned, and Section 8 of the eighth section of the Act secondly mentioned, are both Acts repealed, and hereby repealed and the following section is substituted for new provision each of them respectively, and shall be read and have effect substituted. as the eighth section of each of the said Acts: and on what "S. The Harbour Master for any port shall be remunerated Fees to Harfor his services solely by the fees hereinafter mentioned, or bour Masters, such portion thereof as he may, from time to time, be author- ships and ized to retain by the rules and regulations made by the Gov- where ernor in Council under the fourth section of this Act: and payable. for and in respect of all ships entering a port or harbour to which this Act applies, and at which a Harbour Master is appointed, and discharging or taking in cargo, ballast, stores, wood or water, there shall be paid the following fees, that is to say: For every ship of fifty tons egister or under, fifty cents; For every ship over fifty tons and not over one hundred tons register, one dollar; For every ship over one hundred tons and not over two hundred tons register, one dollar and fifty cents; For every ship over two hundred tons and not over three hundred tons register, two dollars; For every ship over three hundred tons and not over four hundred tons register, two dollars and fifty cents; Section 11 of both Acts amended. When and how often fees are payable. Duties of ters as to buoys, &c. For every ship over four hundred tons and not over five hundred tons register, three dollars; For every ship over five hundred tons and not over seven hundred tons register, four dollars; For every ship over seven hundred tons register, five dollars: And such fees shall also be payable for ships with cargo and steamers passing through or arriving at the Harbours of Sorel, St. Johns, Three Rivers or Lachine, in the Province of Quebec; and the Governor may, from time to time, appoint a fit and proper person to be Harbour Master at each of the said harbours." 2. The eleventh section of the Act firstly mentioned and the eleventh section of the Act secondly mentioned, are hereby repealed, and the following section is substituted for each of them respectively, and shall be read and have effect as the eleventh section of each of the said Acts: "11. Such fees as aforesaid shall not be payable for any ship more than twice in each calendar year (that is the year commencing on the first day of January and ending on the last of December), whatever be the number of ports or harbours at which she may arrive or pass through, or the number of times of her so arriving or passing through them, or any of them such fees shall be payable by the master of the ship to the Harbour Master immediately on her entering or arriving at the first and second ports or harbours where there is a Harbour Master, and the collector or principal officer of customs thereat shall not grant any clearance, transire or let-pass to any ship on which they are payable, until the master thereof produces to him a certificate of the payment of such fees or certificates of the payment of fees under this Act twice within the then present year." 3. It shall be the duty of each Harbour Master appointed, Harbour Mas- either under the Act firstly mentioned or the Act secondly mentioned, to see to and superintend the placing, maintaining and taking up of buoys in the port or harbour for which he is appointed, and to perform such other services and duties connected with such port or harbour, as he may be directed to perform by the Minister of Marine and Fisheries, or by the proper officer, or by departmental orders of that Department, without any additional remuneration beyond the amount allowed him out of fees received by him under either of the said Acts as hereby amended. Penalties im 4. The penalty imposed by any rule or regulation made posed under by the Governor in Council, under the fourth section of how recover either of the said Acts, and incurred by any breach or con- Order in tinuing breach of such rule or regulation, may be recovered Council, by summary proceeding and conviction before any Justice able, &c. of the Peace having jurisdiction in the place where such breach is committed or is continued, under the "Act respecting the duties of Justices of the Peace, out of Sessions, in 32, 33 V., relation to Summary Convictions and Orders," on the informa- c. 31. tion of any Harbour Master or other person and payment thereof may be enforced in the manner by the said Act provided; and one moiety of such penalty shall belong to the informer,-not being the Harbour Master, and the other moiety to the Crown; but if the Harbour Master be the informer, the whole shall belong to the Crown. CHAP. 31. An Act further to amend the Act respecting the treatment and relief of Sick and Distressed Mariners. Ν [Assented to 8th April, 1875.] IN amendment of the Act passed in the thirty-first year of Preamble. Her Majesty's reign, intituled: "An Act respecting the treat- 31 V., c. 64. ment and relief of Sick and Distressed Mariners," Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The third sub-section of the fourth section of the said New sec. in Act is hereby repealed, and the following substituted there- place of sec. for, and shall be read and have effect as the third sub-section of the said fourth section: 4, sub.-sec. 3. "3. Vessels of the burthen of more than one hundred tons Payment of register, shall be liable to the payment of the said duty duty. three times in one year, but not oftener." shall be. 2. The year mentioned or referred to in the said Act in "Year," what relation to the duty thereby imposed shall be the calendar year commencing on the first day of January and ending on the thirty-first day of December. 141 CHAP. Preamble. Act of P. E. I. 21 V., c. 11 repealed. CHAP. 32. An Act to repeal an Act of the Legislature of Prince [Assented to 8th April, 1875.] ER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1 The Act of the legislature of Prince Edward Island, passed in the twenty-first year of Her Majesty's reign, and intituled "An Act to provide for the collection in this Island of the Cape Race Light-house Toll," is hereby repealed. Preamble Subs. 1, of s. c.60, repealed. CHAP. 33. An Act to amend "The Fisheries Act." [Assented to 8th April, 1875.] HER MAJESTY, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The first sub-section of the seventh section of the Act 7 of 31 Vic., passed in the thirty-first year of Her Majesty's reign, and known as The Fisheries Act," is hereby repealed; and the following shall be substituted in lieu thereof, that is to say : Close season for salmon. Proviso as to fly-fishing. 66 7. Salmon shall not be fished for, caught, or killed, between the thirty-first day of July and the first day of May, in the Provinces of Ontario and Quebec, and in the River Restigouche; nor between the fifteenth day of August and the first day of March, in the Provinces of New Brunswick and Nova Scotia: Provided always, that it shall be lawful to fish for, catch, and kill salmon with a rod and line, in the manner known as fly-surface-fishing, between the thirtieth day of April and the thirty-first day of August, in the Provinces of Ontario and Quebec, and between the first day of February and the fifteenth day of September, in the Provinces of New Brunswick and Nova Scotia." |