Property of any mailable matter sent Postmaster 4. And every accessory before or after the fact, if the offence be felony,-and every person aiding or abetting or counselling or procuring the commission of any offence if the same be a misdemeanor,-may be dealt with, indicted, tried and punished as if he were a principal, and his offence may be laid and charged to have been committed in any district, county or place, where the principal offence might be tried. 80. In every case where an offence is committed in respect of a post letter bag, or a post letter, or other mailable by post, may matter, chattel, money or a valuable security, sent by post, be laid in the in the indictment to be preferred against the offender, the General. property of such post letter bag, post letter, or other mailable matter, chattel, money or valuable security, sent by post, may be laid in the Postmaster General; and it shall not be necessary to allege in the indictment, or to prove upon the trial or otherwise, that the post letter bag, post letter. or other mailable matter, chattel, or valuable security was of any value: Value need not be alleged or proved. Property of and of post 2. But except in the cases aforesaid, the property of any other things chattel or thing used or employed in the service of the Post age money to Office, or of moneys arising from duties of postage, shall be be laid in Her laid in Her Majesty, if the same be the property of Her Majesty, or if the loss thereof would be borne by the Dominion, and not by any party in his private capacity : Majesty. gation of the Post Office of General alle- 3. And in any indictment against any person employed in employment the Post Office of Canada, for any offence against this Act, of accused in or in any indictment against any person for an offence committed in respect of some person so employed, it shall be Canada, suffi- sufficient to allege that such offender or such other person as aforesaid, was employed in the Post Office of Canada at the time of the commission of such offence, without stating further the nature or particulars of his employment. cient. Postmaster compromise any action, &c. 81. The Postmaster General (subject always to the orders General may of the Governor,) may compromise and compound any action, suit or information at any time commenced by his authority or under his control, against any person for recovering any pecuniary penalty incurred under this Act, on such terms and conditions as he in his discretion thinks proper, with full power to him or any of the officers and persons acting under his orders, to accept the penalty so incurred or alleged to be incurred, or any part thereof, without action, suit or information brought or commenced for the recovery thereof. Penalties to be recoverable with 82. All mere pecuniary penalties imposed by this Act, or by any regulation of the Postmaster General to be made costs, by the under it, shall be recoverable with costs by the Postmaster General, and General, by civil action in any court having jurisdiction to Postmaster the the amount, and shall belong to the Crown, saving always to belong to the power of the Governor in Council to allow any part or the Crown. the whole of such penalty to the officer or party by whose information or intervention the same has been recovered, as in the case of penalties recovered under other laws relating to the collection of the revenue; but all such Limitation of penalties shall be sued for within one year after they are actions for penalties. incurred, and not afterwards: or under, Peace. 2. Provided that if the penalty do not exceed forty dollars Penalty $40 it may be recovered before any one Justice of the Peace in a recoverable summary manner, and if not paid, may be levied by distress before one under warrant of such justice; and if the penalty exceeds Justice of the forty dollars, the offender may be indicted for a misdemeanor If penalty in contravening the provisions of this Act, or of the regula- exceed $40, tions made under it, (instead of being sued for such penalty) and if convicted, shall be punishable by fine or imprison- for a misdement, or both in the discretion of the court. offender may be indicted meanor instead. on oath of a Postmaster or 83. In any action or proceeding for the recovery of Penalty postage, or of any penalty under this Act, the same may be recoverable recovered on the evidence of any one credible witness, and witness,any Postmaster or other officer or servant of the Post Office who may be a of Canada, shall be a competent witness, although he is other officer, entitled to or entertains reasonable expectation of receiving some portion or the whole of the sum to be recovered; and the onus of shewing that any thing proved to have been done by the defendant was done in conformity to or without contravention of this Act, shall lie upon the defendant. Post Office. master or his sureties, ed by ac 84. In any action, suit or proceeding against any Post- In action master or other officer of the Post Office of Canada, or his against Postsureties, for the recovery of any sum of money alleged to be other officer due to the Crown as the balance remaining unpaid of moneys of the Post or received by such Postmaster or officer by virtue of his office, amount due a statement of the account of such Postmaster or officer may be proved by stateshowing such balance, and attested as correct by the certificate ment of acand signature of the Accountant of the Post Office of Canada, count attestor of the officer then doing the duties of such accountant, countant of shall be evidence that such amount is so due and unpaid as aforesaid; and in every such suit it shall be lawful to demand and the judgment shall be rendered for double the amount proved by such account to be so due to the Crown by the defendant; but nothing herein contained shall be construed to prevent the provisions of any " Act respecting Revenue the Collection and Management of the Revenue, the Auditing of Management Public Accounts, and the liability of Public Accountants," 31 V., c. 5. from applying to such Postmaster or officer. the Post Office. Act to apply. the Postmas 85. All suits, proceedings, contracts and official acts to be Suits, &c., by brought, had, entered into or done by the Postmaster ter General to General, shall be so in and by his name of office, and may be brought in be his name of office and may be continued &c., by his successor. Suits for be in the be continued, enforced and completed by his successor in office as fully and effectually as by himself; nor shall the appointment or authority of any Postmaster General of Canada, or of any Postmaster, officer or servant of the Post Office of Canada, be liable to be traversed or called in question, in any case, except only by those who act for the Crown: 2. And all suits to be commenced for the recovery of debts debts, &c., to or balances due to the Post Office, whether they appear by bond or obligation made in the name of the existing or any preceding Postmaster General, or otherwise, shall be instituted in the name of "The Postmaster General." name of The Postmaster Certain provisions of Customs Duties Acts officers of the PROTECTION OF OFFICERS. 86. All enactments of any "Act respecting the Customs," and more especially of the provisions for protecting officers and others employed in collecting duties or in preventing to extend to the evasion of the laws imposing duties, when in the performance of the duties of their office, or in respect of suits or proceedings against them for things done or alleged to be done in pursuance of any law, shall extend and apply in like manner to officers and persons employed in or under the Post Office of Canada, and to suits or proceedings against them for things done or alleged to be done under this Act Commence 1st Oct., 1875. Exception. COMMENCEMENT OF THIS ACT 87. The foregoing sections of this Act shall come into ment of Act force and effect on the first day of October, in the present year one thousand eight hundred and seventy-five, except only in so far as they relate to the rates of postage on newspapers and periodicals sent to the United States, as to which they shall come into force on the first day of May now next; and upon, from and after the said first of October, the Act passed in the thirty-first year of Her Majesty's reign, and intituled: "An Act for the regulation of the Postal Service," 31 V. c., 10; shall be repealed, except in so far as respects any appointSaving clause. Repeal of ment made, any postage accrued and unpaid, any bond or security given, obligation incurred, or right acquired, or any penalty, forfeiture or liability incurred, under, or any offence committed against the said Act, or any other thing done before the day last aforesaid,-with respect to all which the said Act shall remain in force and apply and have effect as if this Act had not been passed; and this Act shall be construed not as a new law, but as a continuation of the Act last cited, subject to the amendments hereby made and incorporated with it. СНАР. CHAP. 8. An Act to amend the Dominion Militia and HER Defence Acts. [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: tuted for s.s. 1. The twenty-eighth and twenty-ninth sections of the New proviAct thirty-first Victoria, chapter forty, intituled "An Act sion, substi"respecting the Militia and Defence of the Dominion of Can- 28, 29, of 31 "ada," are hereby repealed, and the following substituted V., c. 40. therefor : ment of officer rank and pay. "28. There shall be appointed to command the Militia of Qualification the Dominion of Canada, an officer holding the rank of and appoint Colonel, or superior rank thereto, in Her Majesty's regular commanding army, who shall be charged, under the orders of Her the militia: Majesty, with the military command and discipline of the Militia, and who, while holding such appointment, shall have the rank of Major-General in the Militia of Canada, and shall be paid at the rate of four thousand dollars per annum in full of all pay and allowances." "29. There shall be an Adjutant-General of Militia at Head AdjutantQuarters, who shall have the rank of Colonel in the Militia, General at headquarters, and shall be paid at the rate of twenty-six hundred dollars rank and pay. per annum." officers. "2. The Governor in Council shall, from time to time, Duties of make such orders as may be necessary respecting the duties militia to be performed by the Officer commanding the Militia, by the Adjutant-General, and by the officers of the militia generally." enregistered 2. Sub-section two of section thirty-one of the above Commissions mentioned Act is hereby repealed, and the following sub- need not be stituted therefor :-" Commissions of officers in the Militia, in full; except the officer commanding the Militia, the Adjutant- exception. General and Deputy Adjutants-General, need not be enregistered at full length, but a record of them shall be kept in the office of the Adjutant-General." 3. The words "Officer for the time being commanding the Sub-section 2 Militia" shall be substituted for "Adjutant-General of of s. 16, s. 86, and s. 92 Militia" in the seventh line of sub-section two of the amended, subsixteenth section, and for "Adjutant-General" in the eleventh officer comstituting line of the said sub-section, and in the fourth, ninth and manding milithirteenth lines of the eighty-sixth Section, and the second tia" for "Adline of the ninety-second section, of the above mentioned eral." Act. CHAP. jutant-Gen CHAP. 9. Preamble. Sec. 2 of 33 V., c. 4, amended. Provision added to s. 6. Reduced unsatisfac An Act further to amend the Civil Service Superannuation Act. HE [Assented to 8th April, 1875.] ER Majesty, by and with the advice and consent of the follows: 1. The second section of the Act passed in the thirty-third of Her Majesty's reign and intituled “An Act for better year ensuring the efficiency of the Civil Service of Canada by providing for the Superannuation of persons employed therein, in certain cases," is hereby amended by substituting the word "thirty" in place of the word "forty" in the second line of the said second section. 2. The following provision shall be added to and form part of the sixth Section of the said Act : "And if the Head of a Department reports with respect allowance for to any person employed in his Department, and about tory service. to be superannuated, from any cause other than that of ill health or age, that the service of such person has not been satisfactory, the Governor in Council may grant such person a superannuation allowance being less than that to which he would have otherwise been entitled, as to him may seem fit." 36 V., c. 32, cited. 3. And whereas by an Act passed in the thirty-sixth year of Her Majesty's reign and intituled "An Act to amend the Civil Service Superannuation Act," certain amendments were made to the Act firstly herein before mentioned by which the rules under which superannuation allowances are to be calculated under the Act firstly herein before mentioned are Superannua- amended, it is hereby further enacted: That all superannuation allow-, tion allowances granted prior to the passing of the secondly ances granted before the above mentioned Act, shall be revised as if the same had said Act to be been granted under the said Act, and that all payments revised according to it. falling due on such superannuation allowances after the first day of July, in the year 1875, shall be paid in accordance with the revised amount of such allowances. CHAP. |