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Act of incorporation and by-laws of the Vancouver Board of Trade : Vancouver, B.C., 1887 : adopted and… Vancouver Board of Trade 1888

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Array ACT  OF INCORPORATION
AND
BY-LAW S
OF THE
VANCOUVER BOARD OF TRADE,
VANCOUVER,   B. C, 1887.
Adopted and Confirmed at the  Meetings on
 23RD and  25TH  November,   1887.  Act of  Incorporation
AND
BY-LAWS
OF   THE
VANCOUVER
BOARDS TRADE
VANCOUVER,   B. C.
1887.    •
Adopted and Confirmed at the Meetings on
23RD and 25TH November,  1887.
VANCOUVER:
HERALD  PRINTING  AND  PUBLISHING  CO.,   LD.
1888.  OFFICERS.
1887-1888.
DAVID OPPENHEIMER,     -    -   -   President.
THOMAS DUNN,     -   -   -   -    Vice-President.
JOHN DEVINE,     ------     Secretary.
—^-l=£<£=f_	
COUNCIL. (8)
R. H. ALEXANDER.
E. V. BODWELL.
J. C. KEITH.
F. C. COTTON.
R. CLARK.
H. T, CEPERLEY.
J. M. CLUTE.
C. TAYLOR.
 . ^><^ .	
ARBITRATION BOARD.
R. H. ALEXANDER.
E. V. BODWELL.
J. C. KEITH.
F. C. COTTON.
R. CLARK.
H. T. CEPERLEY.
J. M. CLUTE.
C. TAYLOR.
A. G. FERGUSON.
J. B. HENDERSON.
F. X. MARTIN.
J. LEAMY.  LIST OF  MEMBERS.
E. V. BODWELL.
R. CLARK.
D. OPPENHEIMER.
JNO. J. COWDEROY.
F. X. MARTIN.
THOS. DUNN.
C. TAYLOR.
JNO. B. HENDERSON.
•   H. T. CEPERLEY.
R. MATIHSON, Jr.
< WM. SKENE.
I F. C. COTTON.
H. A. JONES.
james m. clute.
alan e. McCartney.
geo. turner.
^ john wulffsohn.
d. l beckingsale.
robt. wm. gordon.
wm. clements.
jf   RICHD. H. ALEXANDER.
M. A. MACLEAN.
A. CHS. THICKE.
/    J. C. KEITH.
W. B. WILSON.
C. D. RAND.
JAMES LEAMY
A. J. FERGUSON.
ROB. COUTH.
JOHN DEVINE.
' J. W. McFARLAND.
A. O. LEASK.
^ C. G. JOHNSON.
ED. WHITE.
SAM BRIGHOUSE.
C. MELHUISH.
J. M. SPINKS.
R. C. FERGUSON.
J H. HAYDEN.
H. F. KEEFER.
WM. POWER.
F..W. HART.
WM. PORTER.
E. J. McFEELEY.
CAPT TATLOW.
CAMPBELL SWEENEY.
J. BOULTBEE.
J. J. BLAKE.
Y CHAS. DOERING.
<t9.  10   THE   HONOURABLE   THE   SECRETARY   OF
STATE FOR THE DOMINION OF CANADA.
Know all Men by these Presents : That We, the several persons whose signatures and seals are hereto subscribed
and set and whose occupations respectively are those set opposite our respective signatures, do hereby associate ourselves together as a Board of Trade under the provisions of Chapter
ijo, of the Revised Statutes of Canada, intituled : "An Act respecting the Incorporation of Boards of Trade" and We do hereby
appoint John Devine as Secretary to the said Board of
Trade, and We do hereby specify the name assumed by the association and by which it shall be known to be the " VANCOUVER
Board OF- Trade," and the name of the District in which the
same is situate and the business transacted to be the City of
Vancouver, and the name of the person so elected SECRETARY to be John Devine.
Witness our hands and seals :
Dated the 24th day of November, A.D. one thousand eight
hundred and eighty seven.
Name.
Occupation.
Witness.
E. V. BODWELL,
Real Estate broker.
L.S.
John Devine.
K. CLARK,
Merchant.
11      John Devtnb.
D. OPPEN'HEIMER,
Merchant.
n      John Devine.
JNO. J. COWDEROY,
Merchant.
11      John Devine.
F. X. MARTIN,
Merchant.
11      John Devine.
THOS. DUNN,
Merchant.
11      John Devtnb.
C. TAYLOR,
Bank agent.
John Devine.
JNO, B. HENDERSON,
Merchant.
11
E. Mallandaine, Jr.
H. T. CEPERLEY,
Real Estate & Insur. agent.
11
E. Mallandaine, Jr.
R. MATHISON, Jr.,
Job Printer.
E. Mallandaine, Jr.
WM. SKENE,
Commission merchant.
11
E. Mallandaine, Jr.
F. C.  COTTON,
Newspaper publisher.
E. Mallandaine, Jr.
H. 'A   JONES,
Real Estate agent.
E. Mallandaine, Jr.
JAMES M. CLUTE,
Merchant.
11
E. Mallandaine, Jr.
alaN e. McCartney,
Architect.
11
E Mallandaine, Jr.
GEO. TURNER,
Real Estate broker.
11
E. Mallandaine, Jr.
JOHN WULFFSOHN,
Banker.
E. Mallandaine, Jr.
D. L. BECKLNGSALE,
Physician.
11
E. Mallandaine, Jr.
ROBT. WM. GORDON,
Merchant.
11
E. Mallandaine, Jr.
WM. CLEMENTS,   ■
Merchant.
11
John Devine.
RICHD. H. ALEXANDER,
Manager, Hastings Saw Mill.
11
John Devests.
M   A. MACLEAN,
Real Estate broker.
11
John Devine.
A.' CHS. THICKE,
Merchant.
11
John Dbvinb.
J. C. KEITH,
Agent Bk. British Columbia.
11
John Devine.
W. B. WILSON,
Merchant.
11 *
E. Mallandaine, Jr.
C. D. RAND,
Real Estate broker.
11
John Devine.
JAMES LEAMY,
Millowner.
n
E. Mallandaine, Jr.
A. G. FERGUSON,
Civil Engineer.
M
John Devtnb.
ROB. COUTH,
Merchant.
11
John Devtnb.
JOHN DEVINE,
Estate agent.
11
E. Mallandaine', Jr.
J. W. MoFARLAND,
Accountant.
11      John Devine. I, John Devine, of Vancouver, British Columbia, do hereby
acknowledge and declare that the above certificate was signed
and  sealed by the respective persons by whom it purports to
have been signed and sealed in my presence.
John Devine.
Declared and subscribed before me, 1  ^   ^   -r, -&  -**
.1 •       .11       f xt u        oo     r   if   t- JdLACK, jr. lvi.
this 25th day of November, 1887. J
I, Edward Mallandaine, Jr., of Vancouver, British Columbia,
do hereby acknowledge and declare that the above certificate
was signed and sealed by the respective persons by whom it
purports to have been signed and sealed in my presence.
E. Mallandaine, Jr.
•Declared and subscribed before me, \ t"   T   Bt ack   V  M
this 25th day of November, 1887. J '
I, John Devine, of the City of Vancouver, in the Province of
British Columbia, Secretary of the " Vancouver Board of Trade,"
do hereby acknowledge and declare that the hereto annexed certificate was signed and sealed by the respective persons by whom
it purports to have been signed and sealed ; that the respective
occupation set opposite the respective names of such persons are
their true occupations respectively, and the said persons reside
within the Judicial District of Vancouver City.
John Devine.
Declared and subscribed before me, \ -y   T   Rt ack   P   M
this 2 t;th dav of November, 1887.  I '
I, John Devine, of the City of Vancouver, in the Province of
British Columbia, Secretary of the " Vancouver Board of Trade,''
do hereby declare that the City mentioned in the hereunto annexed certificate has a population of not less than three thousand.
John Devine.
Declared and subscribed before me, \ T   T   T*t a/-      p  m
this 25th day of November, 1887. J   |     * aLACK> r- NL
Department of the Secretary of State of Canada,
Registrar's Branch, Ottawa, 12th December, 1887.
I do hereby certify that the foregoing is a true and correct
copy of a certificate purporting to be made under the provisions
of The Revised Statutes of Canada, chapter 130, for incorporation of I The Vancouver Board of Trade," and recorded in the
Registrar's Branch of the Department of the Secretary of State
for Canada on the Twelfth day of December, 1887, in Liber 28,
Folio 94.
T. A. Chapleau,
Secretary of State and Registrar
General of Canada. The Vancouver Board of Trade is incorporated under Chapter
130 of the Revised Statutes of the Dominion of Canada, viz.:—
I An Act respecting the incorporation of Boards of Trade."  THE REVISED STATUTES OF CANADA,
VOL.   II.
CHAPTER   130.
An act respecting the incorporation of Boards of Trade.  a.d. rsse.
HER MAJESTY, by and with the advice and consent
of the Senate and House of Commons of Canada, enacts as follows:—
1. In this Act, unless the context otherwise requires, I"ierpre"
— (a) The expression "district" means the city, county,
town, village, or judicial district within and for which a "District"
board is established under this Act;
(b)     The  expression   "Board   of   Trade,"    includes "Boardof
\  / -l ' Trade"
Chamber of Commerce.    39 V., c. 34, s. I,part.
2. Any number of persons not less than thirty, who Formation
J , . J of Boards
are merchants, traders, brokers, mechanics, manufactur- of Trade,
ers, managers of banks or insurance agents, and residents
of any district which has a population of not less than
two thousand five hundred, may associate themselves together as a board of trade and appoint a secretary. 39
V., c. 34, s. 1, part.
3. The persons so associating themselves together as  certificate
a board of trade shall, under their hands and seals, make tion.
a certificate specifying the name assumed by the association, and by which it shall be known,—also the name as
hereinbefore defined, of the district in which the same is
situate and its business is transacted-, and the name of
the person by them appointed secretary to the said
board of trade.    39 V., c. 34, s. 1, part.
4. Such certificate shall   be acknowledged before  a certificate
notary public, commissioner for taking affidavits, or jus- to secre"
tice of the peace, by the secretary of the said  board  of fj££eof
trade, and shall be forwarded to the Secretary of State, 12
who shall cause the same to be recorded in a register to
be kept for that purpose; and a copy thereof, duly certified by the Secretary of State, shall be evidence of the
existence of such association.    39 V., c. 34, s. 1, part.
Persons
incorporated to
have certain
powers.
5. The persons named as corporators in the said
certificate, and such other persons as afterwards join
them, are hereby authorized to carry into effect the objects for which such association was constituted, and to
exercise the powers and privileges conferred by this Act;
and they and their associates, successors and assigns, by
the name and style specified in the said certificate, shall
be a body corporate and politic, with power to acquire,
sell and convey any real estate necessary for the objects
of such association.    37 V., c. 51, s. 4, part.
Domicile. g The usual place of meeting of the said corporation
shall be held to be the legal domicile thereof, at which
service of any notice or process may be made. 37 V., c.
51, s. 4, part.
Officers
and Council of
Board of
Trade.
First
meeting
for election of
officers,
&c.
7. The officers of every board of trade shall be a president, vice-president, and secretary, who, together with
not less than eight other members, shall constitute a
council which shall be called " The council of the Board
of Trade of ," (adding the name of the
district as hereinbefore defined), and who shall have the
powers and peform the duties hereinafter mentioned ; and
when the foregoing provisions have been complied with
it shall be competent for a majority of the persons named
as corporators in the said certificate, to hold a meeting for the election of a president, vice-president and
members of the said council and without notice, to make
and enact such by-laws, rules and regulations as are hereinafter mentioned.    37 V., c. 51, s. 5 ;—39 V., c. 34, s. 2.
General'
quarterly
meetings.
Election
of President and
members
of Council.
8. The members of the said corporation shall hold
general quarterly meetings in" each year, at some place
within the district,—of which notice, naming the time
and place, shall be given by the secretary of the council
for the time being, at least three days previous to such
meeting, through one newspaper, or otherwise, as is
thought necessary by the council; and at the first quarterly meeting held in each year, the members of the
said corporation present, or a majority of them, shall
elect in the manner prescribed by the by-laws, from among 13
the members of the corporation, a president, vice-president and secretary, and at least eight other members of
the council, who with the president, vice-president and
secretary, shall form the council of the corporation, and
shall hold their offices until others are elected in their
stead, at the next first quarterly 'meeting of the ensuing
year as aforesaid, or until they are removed from office,
■or vacate the same under the provisions of the by-laws
of the corporation:
2.    If the said election does   not take   place  at  such  Provision,
r . . r ..... m case of
first quarterly'meeting, as aforesaid, the said corporation failure of
shall not be thereby dissolved, but such election may be
held at any general meeting of the corporation, called
in the manner hereinafter provided, and the members of
the council in office shall remain members until the
election is held.    37 V., c. 51, s. 6.
election.
9.    The president and vice-president shall, before en- pr<ls1'
• 11- r rn 11-1 anc" V
■esident
tee
tering upon the duties of their office, take and subscribe president
before the mayor of the city or  town, constituting the Oathof
district, or before any justice of the peace, an oath in the office-
form following, that is to say :—
"I swear that I will faithfully and truly perform my Form of
" duty as of the Board of Trade, and that I
" will, in all matters connected with the discharge of such
" duty, do all things, and such things only, as I shall
I truly and conscientiously believe to be adapted to
I promote the objects for which the said board was con-
" stituted, according to the true intent and meaning of
I the same.    So help me God."    37 V, c. 51, s. 7.
10. If any member of the council dies or resigns  his vacation
office, or is absent for six months continuously from the and fining
meeting's of the council, the council may at any meeting yacaDCie?
0 > j j e>   m council-
thereof, elect a member of the corporation to be a member of the council, in the place of the member who has
died or resigned, or is absent; and such new member
shall be so elected by a majority of the members of the
council present at any meeting of the same, if there is
a quorum present at such meeting ; and the member so
elected shall hold office until the   next annua)   election.
S7 V, c. mm 8.
11. At any annual or general meeting of the corpora- Majority
tion, whether for the purpose of electing members of the meetings
council or for any other purpose, a majority of members tio°nto°ra" 14
h£vefuii present at such meeting shall be competent to do and
perform all acts which, either under this act or under any
by-law of the corporation, are or shall be directed to be
done at any such general meeting.    37 V, c. 51, s. 9.
Retirement of
members.
12. Any member of the corporation,.who intends to
retire therefrom or to resign his membership, may do so
at any time, upon giving to the secretary ten days notice
in writing, of such intention, and upon discharging any
lawful liability which is standing upon the books of the
corporation, against him at the time of such notice. 37
V, c. 51, s. 10.
Making
by-laws
and regulations ;
for what
purpose.
To be
binding.
Notice of
proposed
ny-laws to
be given.
Who may
become
members
of the corporation,
and how.
13. The majority of the members of the corporation
present at any general meeting may make by-laws and
regulations, and from time to time repeal, alter and
amend the same, for the government of the corporation,
providing for the admission, and subscriptions of members,—for imposing of penalties,—for the expulsion or
the retirement of members,—-for the management of its
council, officers and affairs,—for the guidance of the
board of arbitrators hereinafter mentioned, and for fixing
the date and place of the regular meetings of the council,
and all other by-laws in accordance with the requirements of this Act or the Laws of Canada :
2. Such by-laws shall be binding on all members of
the corporation, its officers and servants, and all other
persons, whomsoever, lawfully under its control :
3. No by-law shall be made by the corporation, except
as hereinbefore mentioned, without notice in writing
thereof having been given by one member and seconded
by another member at a previous meeting and duly entered in the books of the corporation as a minute of the
corporation.    37 V., c. 51, s. 11.
14. Every person resident within the district, who is
or has been a merchant, broker, trader, machanic, man-
facturer, manager of a bank or insurance agent, shall be
eligible to become a member of the corporation ; and at
any general meeting of the corporation any membar of
the corporation may propose any such person, as aforesaid, as a candidate for becoming a member of the corporation ; and if such proposition is carried by a majority
of two thirds of the members of the corporation then
present, he shall thenceforth be a member of the corporation, and shall have all the rights and be subject to
all the obligations which the other members possess or 15
are subject to :    Provided always, that any person who ^t^,.
is not a merchant or trader, broker, machanic, manufac- sons not
r...v int.      being tra-
turer, manager ot a bank or insurance agent, shall be ders, &c.
eligible to become a member of the corporation, in manner aforesaid, if such person is recommended   by   the
council of the board of trade at any such meeting.    37
V., c, 51. s. 12.
15. The council, or a majority of them, by a notice special
inserted in one or more newspapers published within the meetings
district, one day previously to the meeting, or by a cir- ration?0
cular letter to each member, signed by the secretary of
the corporation, and mailed one day previously to the
meeting, may call a general meeting of the corporation
for any of the purposes of this Act.    37 V., c. 51, s. 13.
16. The council may hold meetings, from time to time, Meeting
and adjourn the same when necessary, and may at such how0con-'
meetings, transact such business as is, by this Act or by vened- *°-
the by-laws of the corporation, assigned to it ; and such
meetings of the council shall be convened by the secretary, at the instance of the president, or upon the request
of any two members of the council :
2. The council shall, in addition to the powers hereby Powers,
expressly conferred on it, have such powers as are assigned to it by any by-law of the corporation,  except f*°8p"
the power of enacting or altering any by- law, or admitting any member, which shall be done only in the manner provided for by this Act :
3. Any five or more members of the council, lawfully  Quorum,
met, shall be a quorum, and a majority of such quorum
may do all things within the powers of the council:
4. At'all meetings of the council, and at all general who to
. preside.
meetings of the corporation, the president, or in his absence, the vice-president, or if both are absent, any
member of the council then present who is chosen
for the occasion, shall preside ; and in all cases of equality of votes upon any division, he shall have a casting Vote."^
vote.    37 V, c. 51, s. 14.
17. The council shall frame such by-laws,, rules and council to
regulations as appear to it best adapted to promote the ^ws6^
welfare of the corporation and the purposes of this Act, t0.bi*SUD-'
and shall submit the same for adoption, at a   general a general'
meeting of the corporation, called for that purpose, in meeting-
the manner hereinbefore provided.    37 V., c. 51, s. 15. 16
Recovery
of sub- :
scriptidn'S
&c.
18. All subscriptions of members due to the corporation, under any by-law, all penalties incurred under any
by-law, by any person bound thereby, and all other
sums of<money due to the corporation, shall be paid to
the .secretary thereof, and in default of payment, shall be
recoverable in an action brought in the name of the corporation ; and it shall only be necessary, in such action,
to allege that such person is indebted to the corporation
in the sum of money, the amount of such arrearage on
account of such subscription, penalty or otherwise, whereby an action has accrued to the corporation by virtue of
this Act.    37 V., c, 51, s. 16.
Proof in jcj. On the trial Or hearing of any such action, it shall
brought in be sufficient for the corporation to prove that the defen-
sueh case,  ^an^ at ^g tjme j-j^ demand was made, was or had been
a  member  of the  corporation, and  that  the   amount
claimed as such subscription, penalty' or  otherwise, was
standing unpaid upon the books of the corporation.    37-
V, c. 51, s. 17.
Meetings 20. The meetings of the council shall-be open to all
to be open members of the corporation who may attend at the
bers16111" same, but who shall take no part in any proceedings
Minutes, thereat; and-minutes of the proceedings at all meetings
whether of the council or of the corporation, shall be en-
enfered, in books kept'for that purpose, by the secretary
of the corporation ; and the entry thereof shall be sighed
by the president or vice-president or the other person
who presides at the meeting ; and such books shall be
open at all reasonable hours to any member of the corporation free of any charge.    37 V., c. 51, s. 18.
Record
thereof.
Board of
arbitra- '
tion.
Powers.
21. At the time hereby appointed for the election of
the council, and in the same manner, the members of
the corporation may elect, from their number, twelve
persons, who shall from 'a board, which shall be called
"The Board of Arbitration"; and any three of such
persons shall have power to arbitrate upon, and make
their award in any commercial case or difference which
is voluntarily referred to them by the parties concerned:
and whenever such parties agree to bind themselves, by
bond or otherwise, to submit the matter in dispute between them to the decision of the board of arbitration,
such submission shall be understood to be made to any
three members of the said board, who may, either by the
special order of the said board, or by virtue of any   gen- 17
eral rules adopted by them, or under any by-law of the
corporation touching the consideration of any cases so
submitted, be appointed to hear, arbitrate and decide
upon the case or cases so submitted to them ; and such
decision shall be binding upon the said board of arbitration and the parties making the submission ; and any
such submission shall be according to the form A in the
schedule to this Act, or to the same effect. 37 V., c. 51,
s. 19.
Form of
submission to
board.
22. The several members of the board of arbitration
shall, before they act as such, take and subscribe, before
the president or vice-president of the corporation, an
oath in the form B in the schedule of this Act, that they
will faithfully, impartially and diligently perform their
duties as members of the board of arbitration, and such
oath shall be kept among the documents of the corporation.    37 V, c. 51, s. 20.
Members
of board
to be
sworn.
23-
Any member of the  council   may,  at  the same Members
time, be a member of the board of arbitration.    37 V., c. maybe*
r t   o    n arbitrary > b-  zl- tors.
24. The three members appointed to hear any case
submitted for arbitration, as aforesaid, or any two of
them, shall have full power to examine, upon oath (which
oath any one of such three members is hereby empowered to administer), any party or witness who appearing
before them, is so examined, and shall give their award
thereupon in writing ; and their decision, or that of any
two of them, given in such award shall bind the parties
according to the terms of the submission and the provisions of this Act    37 V., c. 5 r, s. 22.
Power of
arbitrators as to
examination in
hearing
cases.
Award.
25. The council of the corporation may appoint five
persons to constitute a board of examiners to examine
applicants for the office of inspector of flour and meal,
or of any other article subject to inspection, and may do
all such other acts, matters and things connected with
the inspection of flour and meal or any other article, and
shall have as full power and be subject to the same conditions as those conferred upon and required of the
councils of the boards of trade by " The General Inspection Act;" and the said examiners and inspector shall
be subject to all the provisions touching their office set
forth in the said Act.    37 V., c. 51, s. 23.
Power of
council to
appoint
board of
examiners
of inspectors. Boards of
Trade may
affiliate
with Dominion
Board of
Trade.
Proviso.
18
26. Any board of trade duly registered 'as aforesaid,
under the provisions of this Act, may become affiliated
with the Dominion board of trade, on duly complying
with all the terms and requirements of that organization,
and may be represented at all its ordinary or special general meetings, held from time to time : Provided always,
that the delegates or representatives to the Dominion
board of trade shall be elected at a general meeting,
duly convened, of the board of trade desiring such affiliation as aforesaid.    37 V., c. 51, s. 25.
SCHEDULE OF FORMS.
Form A.
Know all men, that the undersigned
and the undersigned (if there are more parties, that is,
more separate interests, mention them) having a difference
as to the respective rights of the said parties, as in the
case hereunto subjoined, have agreed and bound themselves under a penalty of dollars, to perform and
abide by the award to be made by the Board of Arbitration of the Board of Trade of in the case aforesaid, under the penalty aforesaid, to be paid by the party
refusing to perform or abide by such award to the party
ready and willing to perform or abide by the same.
In witness whereof, the said parties have hereunto set
their hands and affixed their seals at the of
on the day of A.D. 18
27 V., c 51, sch. part.
A. B.
C. D.
[L.S.]
[L.S.]
Form B.
I sware that I will faithfully, impartially and diligently
perform my duty as a member of the Board of Arbitration of the Board of Trade of , and that I
will, in all cases in which I shall act as arbitrator, give a
true and just award, according to the best of my judgment and ability, without fear, favor or affection, of or
for any person whomsoever : So help me God. 37 i V.,
c. 51. sch. part. BY-LAWS.
MEETINGS.
I. The Annual General Meeting of members of the " Vancouver Board of Trade " shall be held on the first Monday in
March at 2:30 p.m. The regular Quarterly Meetings of the
Board shall be held on the first Monday in March, first Monday
in June, first Monday in September, and first Monday in December in each year, and at the time prescribed for the Annual
General Meeting.
QUORUM.
II. At any General Meeting Seven Members present in person shall constitute a quorum for the transaction of business.
At Council meetings Five shall form a quorum (including the
President, Vice-President or member elected to act as Chairman.) Should a quorum not be formed by forty-five minutes
after the Meeting is. called it shall stand adjourned for one week :
PLACE  OF  MEETING.
III. The place of meeting shall be at the Board Rooms.
ORDER  OF  BUSINESS.
IV. Reading Minutes of last Meeting.
Reports and Communications.
Elections to fill Vacancies.
Nomination and election of new Members.
Unfinished business.
Miscellaneous business.
' AUDIT.
V. .At the regular Quarterly Meeting held in December of
each year the President shall appoint a Committee of three to
audit the books and accounts of the Secretary-Treasurer for presentation at the Annual General Meeting. 20
MOTIONS.
VI. All Motions, except those for previous question, postponement or adjournment, shall be made in writing ; and no
debate shall be premited, except on a motion regularly moved
and seconded : every motion made in writing shall be read by
the proposer in his place previous to offering it to the President.
(a.) No Member shall speak twice on the same subject except by premission or by way-of explanation.
(b.) A Member may call for the division on any motion,
should any doubt exist as to the ruling of the President.
ALTERATION   OF  BY-LAWS.
VII. Notice to amend any By-Law or to introduce a new
one shall be posted in the Board Room one month previous to
the meeting at which it is intended to be considered. Any such
notice as aforesaid must contain in full " the wording of the proposed amendment or addition."
SUBSCRIPTIONS.
VIII. (a.) The Annual Subscription of Members shall be
twelve dollars, payable by quarterly instalments of $3.00 in advance, to the Secretary at the office of the Council of the Board
of Trade.
(b.) Members in arrears for three months shall be deemed:
delinquent and their names shall be posted up in the office of
the I Board of Trade " for one month, and the Secretary shall
notify them to that effect. After thirty days from the date of
such notice and posting their names shall be liable to be removed
from the " List of Members."
(c.) A list of delinquent Members (if any) shall be read at
each Quarterly Meeting, and their names duly entered on the
minutes of the said meeting.
ARBITRATIONS.
IX. (1.) Before any arbitration can be entered upon the parties shall execute a bond of submission as provided by Statute
hereinbefore expressed.
(2.) In case of arbitration the Arbitrators shall be selected
from the " Board of Arbitration " as follows ; Each party shall
choose one arbitrator and the third arbitrator shall be drawn
by lot, from the remainder of the said Board, by the Secretary of 21
the Board, in the presence of the parties, unless a third shall
have been agreed upon or chosen by the Arbitrators within
three days after the submission of the parties.
(3.) The three Arbitrators shall sit together unless the parties
shall consent to the matter being heard by one or two Arbitrators alone.
(4.) The decision of the majority of the Arbitrators, when
more than two sit, shall be final, and binding on both parties.
(5.) The fees for Arbitration shall be as follows:—
(a.) For every meeting where the cause is not proceeded with,
but an enlargement or postponement is made at the request of either party, not less than <t 2.00
Nor more than     4.00
(b.) For every day's sitting, to consist of not less than six
hours, not less than $ 5.00
Nor more than 10.00
(c.) For every siting not extending to six hours (fractional
parts of hours being excluded) where the arbitration is
actually proceeded with, for each—for each hour occupied
in such proceedings, at the rate of not less than. . . $  1.00
Nor more than      1.50
Vide British Columbia Statutes 1879, Chap. X. pp. 31.
(6.) If any Arbitrator who has been duly selected (in manner
aforesaid) to act, refuses or neglects to attend such arbitration,
he shall be liable to pay to the Secretary of the said Board a fine
of $5 for each and every day on which he neglects to attend
such arbitration unless relieved by the Council. All fines inflicted as aforesaid to form part of the revenue of the Board of
Trade.
PROXIES.
X. (1.) At all meetings of the Board no member shall be entitled to vote who has not paid all dues belonging to him.
(2.) Members in good standing shall be in entitled to hold two
proxies, and no more, for the purpose of voting at any meeting
(3.) All proxies must be in writing and shall be deposited,
with the Secretary on or before the day of the meeting, and may
either be Special or General. 22
EXPULSION OF' MEMBERS.
XI. (i.) Any member who is declared an insolvent shall thereby be considered as retiring from the Board but shall be entitled to be nominated for re-election at any time.
(2.) Any member can be expelled by the vote of three-fourths
(%ths) of the members present at any meeting specially called
for the purpose, at which not less than one-half (}i) of the whole
number of members are present either in person or represented
by their proxies.
ENTRANCE  FEES.
XII. The entrance fee for any person desirous of joining the
Board of Trade shall be $25, in addition to his annual subscription.
ELECTION  OF  MEMBERS.
XIII. That any person wishing to become a member of the
Vancouver Board of Trade, if eligible shall be proposed by some
member in good standing and his name with that of his proposer shall be posted in the Board of Trade Rooms at least one
week before his election shall take place. All elections for members so proposed shall be by ballot, and if two-thirds of the votes
cast at such election shall be in favour of such candidate he
shall be declared elected provided half the number of members
of the Board of Trade are present at such meeting in person or
by proxy.
CUSTOMS OF THE PORT.
RATES  OF  COMMISSION.
XIV. Whenever no special agreement exists, the   following
shall be collectable :—
1. On purchase of stocks, bonds, and all kinds of se
curities, including the drawing of bills for payment of the same     2^ per cent
2. On sale of stocks, bonds, and all kinds of securities,
including remittances in bills and guarantee. . 2% per cent
3. On purchase and  sale of specie, gold-dust,   and
bullion 1 per cent.
4. On sale of bills of exchange with endorsement. . 3 ^ per sent.
5. On sale of bills of exchange,   without   endorse
ment 1 per cent. 23
6. For endorsing bills of exchange, when desired.. 2}4 per cent
7. On sale of produce and merchandise, with guar
antee  7 y^ per cent.
8. On  goods  received on consignment,  and  after
wards withdrawn 2 ^ per cent.
9. On purchase and shipment of merchandise, with
funds on hand, on cost and charges 5 per cent
10. On purchase, and shipment of merchandise  with
out funds, on cost and charges 7^ per cent.
11. For collecting and remitting delayed or litigated
account   10 per cent.
12. For collecting freight by vessels from foreign ports,
on amount collected 5 per cent.
13. For collecting general claims 5 per cent.
14    For collecting general average,—on the first $20,000
or any smaller amount 5 per cent.
15. For collecting general average,— on   any   excess
over $20,000 2 *^ per cent.
16. On purchase or sale of vessels 5 per cent.
17. For I Port Agency " when no other commission is
charged to vessels with cargo or passengers
from foreign ports, as under :
On vessels under 200 tons register $ 25.00
On        do    of 200 to 300 tons do 50.00
On        do    of 300 to 500  do. do 100.00
On        do over 500 tons to 750 150.00
On        do over 750 tons 200.00
18. For disbursements of vessels by consignees   with
funds on hand 2^ per cent.
19. For procuring freight or passengers 5 per cent.
20. For chartering vessels, on amount of freight,  ac
tual or estimated, to be considered as due when
the "Charter Parties" or memorandum of their
conditions, &c, are signed 5 Per cent
21. On giving Bonds for vessels under attachment in
litigated cases, on amount of the liability.. .2^ per cent. 24
22. For landing and reshipping goods from vessels in
distress, on invoice value, or in its absence, on
market value S Per cent-
23. For receiving and forwarding goods,—on invoice
amount   2^ per cent
24. For effecting marine insurance,—on the amount
insured ^ per cent.
25. The foregoing Commissions to be exclusive of Brokerage,
and every charge actually incurred.
26. Vessels to pay clerk hire and the labor on wharf, sorting
and delivering cargo.
27. The receipt of Bills of Lading to be considered equivalent
to receipt of the goods.
RATES OF STORAGE ON MERCHANDISE.
STORAGE PER MOMTH.
XV. On measurement goods 50 cents per ton of forty cubic
feet (40 c. ft.) On heavy goods 50 cents per ton 2240 lbs. Or
in either case the amount actually paid if more. The consignee
to have the option of charging by measurement or weight
Any fraction of a month to be charged as a month.
REGULATIONS.
XVI. (a.) Concerning the delivery of merchandise, payment
of freight, &c. : When no express stipulation exists per bill of
lading, goods are to be considered as deliverable on shore.
(b.) Freight on all goods to be paid, or secured to the satisfaction of the captain or consignee of the vessel prior to the
delivery of the goods.
(c.) After delivery to the purchaser of goods sold no claims
for damage, deficiency, or other cause, shall be admissible after
goods sold and delivered have once left the City.
(d.) When foreign bills of lading expressly stipulated that the
freight shall be paid in a specific coin, then the same must be
procured if required, or its equivalent given,—the rate to be determined by the current value at the time at the Banks. xvii. .   PORT WARDEN.
37 VICTORIA,   CHAPTER 32.
An Act to Provide for the Appointment of Port
Wardens at certain Ports of the Dominion.
[Assented to Tuesday, 26th May 1874..}
WHEREAS the increasing trade and business in Preamble,
many of the Ports of the Dominion, at which no provision now exists for the appointment of Port Wardens,
renders it necessary to make such provision : Therefore,
Her Majesty, by and with the advice and consent of the
Senate and House of Commons of Canada, enacts as
follows :—
• 1.    The Governor in Council may, from time to time, Governor
determine at what Ports in the Dominion, it is expedient ptfnVport
that Port Wardens may be appointed, and at and for any Wardens-
such port a Port Warden may be appointed  under this .
Act, by the Governor :    Provided always that this Act
shall not apply to the  Ports of Quebec,  Montreal   and certain
St. John, New Brunswick, for which provision is already p°rts  S
-j c J    excepted.
made.
2. The Port Warden shall receive no fees  whatever, Feesto
other than such as strictly appertain to the business of J^f ^^
his office ; all such fees shall be recorded in his books, annual
and he shall make a certified annual return to the Min- Minister,
ister of Marine and  Fisheries,  of the receipts and  expenses of his office and  a report of the  doings of his
office, within seven days after thirty-first day of December in each year.
3. The Port Warden shall, at his own expense  keep His office,
an office during the season of navigation, and shall have seal.
a seal of office, and the necessary books, in which all his
acts as Port Warden shall be recorded, which books
shall be open for inspection on payment of a fee of
twenty five cents.
J 26
4    It shall be the duty of the Port Warden, on being
notified and requested by any of the parties interested,
to proceed in person on board of any vessel for the purpose of examining the condition and stowage  of "her
&c".,on cargo ; and if there be any goods damaged  on   board-
7 vgssg! • i * 1
such vessel, he shall inquire, examine, and assertam the
cause or causes of such damage, and make a memorandum
thereof, and enter the same in full on the books of his
office.
Survey if
bulk has
been broken before
arrival in
Port.
improper
stowage.
5. The master of any vessel which has broken bulk
for the purpose of lightening or other necessary purpose,
previous to her arrival in any harbour for which there is
then a Port Warden, shall, immediately on the discovery
of any damaged cargo, proceed to have a survey held on
the same in the manner herein prescribed, before the
same shall be moved out of the place in which it was
originally stowed ; and if, after the arrival in port of any
vessel from beyond the seas, or from a passage over any
of the great lakes contiguous to the Province of Ontario,
which has not had occasion to lighten, break bulk, or
otherwise discharge any portion of her cargo before coming into the harbour, the hatches of such vessel, shall
have been first opened by any person not a Port Warden, and the cargo or any part thereof shall come from
on board such ship in a damaged condition, these facts
shall he. prima facie evidence that such damage occurred
in consequence of improper stowage or negligence on
the part of the persons in charge of the vessel ; and such
default shall, until the contrary be shewn, be chargeable
to the owner, master or other person intersted as part
owner or master of the said vessel.
6. The Port Warden shall, when required, proceed to
any ship, steamer or other vessel, warehouse, dwelling or
wharf, and examine any merchandise, vessel, material,
produce or other property, said to have been damaged
on board any vessel, and enquire, examine and ascertain
the cause of such damage,'make a memorandum thereof,
and of such property, and record in the books of his j
office  a full and correct statement thereof.
7. The Port Warden shall, when required, be surveyor on any vessel which may have suffered wreck or
damage, or which shall be deemed unfit to proceed on
her voyage : he shall examine the hull, spars, rigging
and all appurtenances thereof, shall specify what damage 27
has occurred, and record in the books of his office, a full
and particular account of all surveys held on such vessel ;
he shall call to his assistance, if necessary, in such survey,
one or more carpenters, sail-makers, riggers, shipwrights
or other persons skilled in their profession, who shall
each be entitled to a fee not exceeding five dollars, to
aid him in the examination and survey; but no such
surveyor shall be interested in the case : the Port Warden
shall also, if required, be surveyor of the repairs neces-
11 i ,i ii- • r- To see
sary to render such vessel seaworthy, and his certificate tnatves-
that these repairs have been properly made shall be evid- |faswa0rrethy
ence that the vessel is seaworthy.
8.    The  Port Warden shall   have cognizance of all Surveys of
matters relating to the surveys of vessels and their car- v
damaged
essels
and cargoes.
goes, arriving in port damaged, and when requested
shall on payment of the regular fee, give certificates of
such surveys.
g.    The master of any vessel intending to load grain  Duty of
in bulk, for any port not within the limits of inland navi- vessel °
gation nor within, the Dominion of Canada, shall, before lo^aK
... , . . with gram
taking in any of such grain, notify the Port Warden from  in bulk;
for port
out of Canada; and
Duty of
den.
time to time while the different chambers are being prepared, to survey and inspect the said vessel as well as
the dunnage and lining boards ; the Port Warden in Por*Wa»
such case shall ascertain whether such vessel is in a fit
state to receive and carry the cargo intended for her to
its destination ; he shall record in his books the condition of the vessel ; if he finds she is not fit to carry the
cargo in safety, he shall state what repairs are necessary
to render her seaworthy ; before begining to load each
chamber he shall be careful to see that it is properly dun-
naged and lined, and provided with- shifting boards, and
that the board and plank used for these purposes have
been properly seasoned ; he shall examine the pumps,
and see that they are properly lined and dunnaged ; he
shall enter in the books of his office all particulars connected with these surveys, and grant the necessary certificates.
Duty of
Port Warden as to
io. It shall be the duty of the Port Warden, when
required, to decide what amount of dunnage is necessary
below cargo, and also between wheat and other grain, dunnage
and the flour to be stowed over it, and his certificate that
such dunnage has been used, shall be prima facie evidence of the good stowage of the cargo so far as   these
pc
ints are concerned. 28
Port War
den as to
grain
vessels.
Further 11.    The master of any vessel, wholly or partly laden
Mastwand with grain, for any port not within the limits of inland
navigation nor within the Dominion of Canada, shall,
before proceeding on his voyage, or clearing at the Custom House for the same, notify the Port Warden, whose
duty it shall then be to proceed on board such vessel,
and examine whether she is in a fit state to proceed to
sea or not; if she is found unfit, the Port Warden shall
state in what particulars, and on what conditions only
she will be deemed in a fit state to leave, and shall notify
the master not to leave the port until the required conditions have been fulfilled ; and in case of the master
refusing or neglecting to fulfil the same, the Port Warden
shall notify the Collector of Customs, in order that no
clearence may be granted for the vessel until such required conditions have been fulfilled, and a certificate
thereof granted by the Port Warden or his deputy.
valuing i2.    The Port Warden shall, when required, estimate
suring the value and measurement of any vessel, when the same
Pcfrtwa? is ln dispute or otherwise needed, and shall record the
den- same in the books of his office.
Duty of 13.    It shall be the duty of every auctioneer  making
eeTsening a sa^e °f any vessei condemned,  or ship's materials, or
ed.nvesseis g°°ds damaged on board a ship or vessel, whether sea-
materiais going or of inland navigation, sold for benefit of under-
or goods. .   & .
writers or others concerned, in any harbour for which there
is then a Port Warden, to file a statement of the same
at the office of the Port Warden within ten days after
such sale ; no underwriters' sale shall take place until
after at least two days' public advertisement or notice, and such sale shall not be an hour earlier than
eleven, nor later than three o'clock in the day,
Port Warden to
arbitrate
between
Master
and consignee, &c.
14. It shall be the 'duty of the Port Warden, when
required in writing by all parties in interest, to hear and
arbitrate upon any difficulty or matter iri dispute between
the master or consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a
record thereof.
Sale of
damaged
vessels or
goods on
account of
underwriters.
15. No goods, vessels or other property at a place
where there is a Port Warden, shall be sold as damaged
for on account of underwriters, unless a regular survey
and condemnation has previously been had, and the
Port Warden shall in all such cases be one of the surveyors. by
29
16.    Before proceeding to act in any case in the per- Notice
formance of his duties, the Port Warden shall give reas- den* ^
able notice, where practicable, to all parties interested or
concerned in the case.
\J.    All notices, requests, or requirements to, or from And to
the Port Warden, must be given in writing, and a reas-  hun-
onable time before action is required.
18. The Port Warden may in any   case   where   he port war-
thinks it right and necessary, initiate proceedings, and  ^aatey
hold surveys, and obtain process, as if required by the proceed-
parties concerned under the  provisions  of this  Act,—
and whenever the Port Warden is mentioned in any provision of this Act, such provision shall always be understood to apply to any Deputy Port Warden, if there is portuwar-
such. den-
19. On the demand of any party interested, the Port port war-
Warden shall furnish certificates in writing, under his ^copies
hand, of any matters of record in his office ; he shall oid00u-
,        r       • 1       1 -i • r •        •      1 •     ments,
also furnish when required, copies of any entries in his &c in Ms
books or documents filed in his office, upon payment of
•a reasonable compensation.
20. On application, the Port Warden shall supply, to
f. . . 1        t t     1 And. copies
a vessel arriving in the Harbour, a copy ofreguia-
of the regulations relating to the office of Port Warden  harbour.
once in each year.
21. In all matters regarding surveys, and other matters   concerning  the  value,  state,  or   classification   of to eon-
vessels and like subjects, the Port Warden shall conform guiations
to, and be governed by the regulations of Lloyd's so far of Lloy 8
ar they are applicable to the circumstances of the case.
22. Should any dispute arise between the Port War- P*8]^8
den and any party interested in any case where his pre- warden to
sence has been required, either party may appeal to the by board
council of the board of trade or chamber of commerce, oftrade-
where there is one, and it shall be the duty of the Secretary of such board or chamber, on a requisition being
presented to him to that effect, to summon forthwith a
meeting of the said council who, or not less than three
of them, shall immediately investigate and report on the
case submitted to them, and their determination or that
of a majority of them, made in writing, shall be final and
conclusive. 30
Costs in
such case.
23. The party against whom the council of the board
of trade, or chamber of commerce shall decide shall pay
all the expenses; and the council shall determine the
amount of fees or charges payable in each case, which
shall never exceed twenty dollars.
certin- 24.    All certificates issued under the hand of the Port
Port8 war- Warden or his Deputy, and sealed with the seal of his
evidence*   °ffice> referring to matters recorded in his books, shall be
received as prima facie evidence of the existence and
contents of such record, in any court in Canada.
Tariff of
fees, to be
paid to
Port Warden, to be
made by
Board of
Trade or
Governor
in Council.
25. The council of the board of trade or chamber of
commerce, if there is one, may, from time to time, establish a tariff of fees to be paid to the Port Warden for services performed by him and his deputies, by the masters .
or owners of sea-going vessels, and by others in.respect
of whom the duties of the said Port Warden are required
to be performed,—which tariff, being firs^t approved by
the Governor in Council, shall be enforced until repealed
or altered by the said Governor in Council, or by the
said-council of the board of trade or chamber of commerce, as it may be at any time, with the approval of th.e
Governor in Council; and when there is no board of
trade or chamber of commerce the Governor in Council
shall make such tariff; but such fees shall not exceed
the rates hereinafter mentioned, that is to say :—
1. For every survey and the certificate thereof by the
Port Warden and his assistant, of the hatches, and cargo
of any vessel, or of the hull, spars and rigging thereof,
or the survey of damaged goods, a fee, including the
certificate thereof, not exceeding eight dollars each, and
such further sum, not exceeding five dollars, as may be
payable to shiprights or other skilled persons employed
by him :
2. For every valuation of a vessel for average, and
spectionof every inspection of a vessel intended to load, a fee to be
vessel.       graduated according to the tonnage of such vessel, but not
in any case to exceed ten dollars :
3. For hearing and settling disputes of which the
Port Warden is authorized to take cognizance, and for
the fees on appeal to the council of the board of trade
or chamber of commerce, a sum to be graduated according to the value of the thing or the amount in dispute,
but in no case to exceed twenty dollars :
Maximum
rates.
Survey of
vessel,
damaged
goods, etc.
Valuation
Hearing
and settling disputes. 31
4-    The foregoing maximum rates, comprehending the Rates may
fees for the incidental proceedings, certificates and copies, etk'fby™1'
may be altered and apportioned, and the particular ser- jjj0^ °*
vice distinguished, and the fee therefor assigned, and the Governor
person by whom the same shall be paid, maybe indicated in such a way as the council of the board of trade
or chamber of commerce may from time to time appoint;
and all rates and fees so established shall be subject to
the  approval   of the   Governor  in  Council,  who shall
have power from time to time to disallow or modify and
alter such fees and rates.
26. The penalty  for  any  and   every  infraction   or Penalties
breach of the ninth or of the eleventh section of this Act, ventiontrof
shall be the sum of eight hundred dollars ; and for every f^i'il1
infraction or breach of the thirteenth section of this Act, Recovery
the sum  of twenty dollars ;   and any and every such pnationoi
penalty as aforesaid shall be recoverable in the manner
prescribed by the Interpretation Act, in cases where penalties are  imposed,  and the recovery is not otherwise
provided for; and the whole of any pecuniary penalty
imposed  by this Act shall belong to the  Crown,  and
shall be paid over to the Receiver General, by the officer
or person receiving it, and shall be appropriated in such
manner as the Governor in Council may direct.
27. The  Port Warden shall  have such  other and Jui?her,
1 1 •        r • duties of
further duties as may be assigned to him from time to Port wartime by any regulations made by order of the Governor reguia" er
in Council ;  and the council of the board of trade or Governfor
chamber of commerce may from time to time make such in council,
such suggestions to the Governor as they may deem expedient, with respect to  any  such  other  and   further
duties,  or any modification   of the duties hereinbefore
assigned to the Port Warden for the harbour ; and such
other or further duties may be assigned or such modification made, by Order in Council accordingly ; any such
Order in Council may be amended or repealed, and new
provision made, and any regulations so made shall, while
unrepealed, have the force of law, as if contained in this
Act.
28. No Officer of Customs shall grant a clearance to clearance
any vessel wholly or partly loaded with grain, for the granted to
purpose of enabling her to leave the harbour for any car7ryingSel
port   not   within   the  limits  of inland   navigation   nor f^f,^.'
within the Dominion of Canada, unless nor until the quire- 32
ments of
this Act
have been
complied
with.
master of such vessel produces to him a certificate from
the Port Warden or his deputy, to the effect that all the
requirements of this Act have been fully complied with
if such grain be laden in bulk ; nor unless or until such
master produces to him a certificate from the Port
Warden or his deputy that all the requirements of this
Act have been fully complied with, if such vessel be
wholly or partly laden with grain, otherwise than wholly
or partly in bulk, and if any vessel wholly or partly loaded
with grain attempts to leave the harbour for any port
not within the limits of inland navigation nor within the
Dominion of Canada without a clearance, any officer of
Customs, or any person acting under the direction of the
Minister of Marine and Fisheries, or the chief officer of
the River Police, may detain such vessel until such
certificate is produced to him.
Interpretation.
29. The expression "the harbour". in this Act,
means the harbour for which the Port Warden is appointed ; the expression " the board of trade or chamber
of commerce" means the board of trade or chamber of
commerce for the city or town or place adjoining the
harbour for which the Port Warden is appointed.
Shorttitie.       30.    This Act may be cited as
Wardens' Act, 1874."
The General Port
Whereas by an Order in Council of the 8th March, 1875, the
ports of Victoria and Esquimalt in British Columbia are determined as ports to which the provisions of the Act 37 Vic, chap.
32, providing for the appointment of Port Wardens shall apply ;
and whereas under the 25th section of the said Act the Governor-
General in Council did on the 26th April, 1876, establish a tariff
of Fees to be paid to the Port Warden for services performed by
him and his deputies by the masters and owners of sea-going
vessels and by others in respect of whom the duties of the said
Port Warden are required to be performed, that is to say:—
Vide Orders in Council, 40 Vic, pp. LXXVI, (j6) 1877.
And wherens the | British Columbia Board of Trade" has
been incorporated in manner hereinbefore described, said Board
of Trade does hereby (subject to ratification of Governor-
General in Council and under the authority of the 25th section
aforesaid) make the following Tariff of Fees for said Port
Warden :— 33
TARIFF OF FEES COLLECTABLE.
1. First survey of hatches with •certificate under seal... .$5 oo
2. Every  subsequent   survey  of cargo  with   certificate
under seal      2 oo
3. Survey of cargo where hatches have have not been
previously surveyed, including certificate under seal 5 00
4. Every survey of damaged goods on the wharf, or in
store, value under $200, and certificate under seal..   3 00
5. Every survey of damaged goods on the wharf, or in
store, value $200 and  under  $500, and certificate
under   seal   4 00
6. Every survey of damaged gopds on the wharf, or in
store, value  $500 and over, and certificate under
seal    5 00
7. Survey of vessel damaged or arriving in distress, in-
, eluding certificate under seal  10 00
8. Every subsequent survey, with certificate under seal. .   5 00
9. Valuation of a vessel for average, under 200 tons regis
ter, including certificate under seal    5 00
10. Valuation of a vessel for average of 200 tons and un
der 500 tons, with certificate under seal   7 50
11. Valuation of a vessel for average of 500 tons and up
wards, with certificate under seal 10 00
12. Survey of cargo  reported to have shifted,  including
certificate under seal ..    5 00
13. Extra copy of certificate, when required, and under
seal    1 00
14. Hearing and  settling  disputes  between   master  and
consignee of ship and  owners of cargo the Port
Warden shall be entitled to demand and receive :—
Value of cargo under $ 200  2 00
Do. do. $ 200 to $ 500  3 00
Do. do. $ 500 to $1000  4 00
Do. do. $1000 and over  5 00
15. Filing papers of auctioneers, &c, each  o 25 34
16. Ascertaining if vessel is seaworthy, including certificate
under seal $10 oo
17. Survey, that repairs ordered, if not seaworthy, have
been made, inclusive of certificate under seal:—
200 tons and under    3 °°
Over 200 tons    5 00
18. General superintendence of a vessel loading, with certi
ficate under seal    5 °°
XVIII.
HARBOUR MASTER.
rules and fees.
Vide Act 36 Vic, chap. 9, assented to 3rd May, 1873.
Do.     37 Vic, chap. 34,       do.        26th May, 1874.
Do.      38 Vic, chap. 30,       do.        8th April, 1875.
The Board of Trade having no control under this head the
Acts as amended are consolidated for the information and
general guidance of members.
HARBOUR MASTERS' ACTS CONSOLIDATED.
An Act to Provide for the Appointment of
Harbour Masters for certain Ports in the
Provinces of Quebec, Ontario, British Columbia and Prince Edward Island.
[Assented to 26th May, 1874.]
And
An Act to Amend the Acts Thirty-sixth Victoria, Chapter Nine, and Thirty-seventh Victoria, Chapter Thirty-four, Respecting the
Appointment of Harbour Masters.
[Assented to 8th April, 1875.]
HER MAJESTY, by and with the advice and con- Preamble,
sent of the Senate and House of Commons of Canada,
enacts as follows-:— tation.
35
i.  In the construction, and for the purpos.es of this Act
(if not inconsistent with the context or subject matter), interpre-
. -.11. . . +*+ir*-n
the following terms shall have the respective meanings
hereinafter assigned to them, that is to say:
" Ship " shall include every description of vessel used
in navigation, not propelled by oars ;
" Master " shall include every person (except a pilot)
having command or charge of a ship ;
" Harbour Master " shall mean a Harbour Master appointed under this Act ;
" Port " shall mean a Port to which this Act applies.
2. The Governor may, from time to time, appoint a Governor
fit and  proper person  to be  Harbour Master for any prfntap
port in any of the Provinces of Quebec, Ontario, British j^tere*
Columbia, or Prince Edward Island, to which this Act
applies.
3. Every Harbour Master appointed under this Act Annnai
shall be under the control of the Minister of Marine and Harbour
Fisheries, to whom he shall furnish a report in writing MtaiTrof
and on oath, as soon as possible after the thirty-first day Marine,
of December in each year, of his doings in office, and of
the fees of office received by him during such year.
4. The   rights,   powers and  duties of the   Harbour Reguia-
Master for any port shall be such as may from time to Governor
time be conferred and imposed upon him by rules and incouneu.
regulations  made  by the Governor in  Council for the
government of his office and of the port for which he is
appointed, and  for his remuneration ; which rules and
regulations  the Governor in  Council  is hereby authorized and empowered to make, and from time to time to
alter, amend or repeal ; and any such rules and regulations may be so made to apply to any one or more ports
to which this Act then applies, or may be afterwards
extended by order in Council to any such port.
5. The Governor in Council may in and by any rule Reguia-
or regulation made under the next preceding section,, impose"1^
impose any reasonable penalty, not exceeding in any Penalties-
case one hundred dollars, for the breach of such rule
or regulation, with, in case of a continuing breach, a
further penalty, not exceeding in any case ten dollars 36
for every twelve hours during which such breach continues, but so that no such rule or regulation shall impose
a minimum penalty ; and every breach of any such rule
or regulation shall be deemed a contravention of this
Act, and every such penalty shall be held to be a penalty
imposed by this Act.
hefurnish- 6. The Harbour Master for any such port shall
edtoPiiots furnish copies of the rules and regulations, made under
the next preceding section, and then in force, to every
licensed pilot of the port, who shall give one of such
copies to the master of every ship which he shall take in
charge.
Prosecutions for
infraction.
7. It shall be the duty of the Harbour Master of
any such port to prosecute every person violating any
rules or regulations made by the Governor in Council
under this Act.
I 8. The Harbour Master for any port shall be remunerated for his services solely by the fees hereinafter
mentioned, or such portion thereof as he may, from time
time, be authorized to retain by the rules and regulations made by the Governor in Council under the fourth
section of this Act : and 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 register 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 ;
For every ship over four hundred tons and not over
five hundred tons register, three dollars ; 37
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 salary,
Harbours of Sorel, St Johns, Three Rivers or Lachine, how fi*ed-
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."
9. The  salary   or. remuneration   of  each   Harbour Balance to
Master, appointed under this Act, shall be, from time to  overto
time, fixed by Order of the Governor in Council, but  £on\Rev-
shall not exceed six hundred dollars, and shall be subject to the provisions hereinafter made.
10. The Harbour Master of each port shall pay over
as soon as possible after the thirty-first day of December
in each year to the Receiver-General, to form part of the
Consolidated Revenue Fund, towards making good any
sums which may be appropriated by Parliament, for the
payment of expenses in connection with the office of
Harbour Master and for the improvement of the harbour
of the port for which he is appointed, all moneys received
by him for fees under this Act during such year, after
deducting therefrom the sum allowed him as aforesaid
for his own remuneration ; and if the moneys received by
him for fees in any year amount to a less sum than is so
allowed him, then such less sum shall be his remuneration for that year.
" 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 harbors 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 38
Book to
be kept by
Harbour
Master,
and what
it must
■ shew.
Powers,
&c, of
Harbour
Master appointed
under any
former
law to
cease on
appointment of
one under
this Act
for the
same port.
To what
Provinces
and ports
and when
the foregoing provisions
shall ap-
ply.
Ports excepted.
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."
12. The Harbour Master of each port shall keep a
book in which he shall enter from day to day the name
of every ship not exempt from the payment of fees
under this Act, entering such port, the name of her
master, her registered tonnage, the date of her entering
■ the port, and the sum, if any, received by him for his fee
on her entering, under this Act; and such book shall be
at all times, during office hours, open and free for
inspection by any person, on demand, without fee or
reward.
13. The powers and duties of the Harbour Master of
any port appointed under any authority other than this
Act, shall cease to be exercised by him, from the time
when the Harbour Master appointed under this Act
shall come into office at such port, and shall then and
thereafter become and be vested in such last-mentioned
Harbour Master and his successors in office, in so far
and in so far only as they shall not "be inconsistent with
this Act, or any rule or regulation made under it; and
all claims, suits or proceedings for penalties incurred or
offences committed against law, rule or regulation respecting such port, may be continued to judgment and
execution as if this Act had not been passed ; but all
fees and all powers, duties, rules, regulations or provisions of law inconsistent with this Act, or any rule or
regulation made under it, by whatsoever authority they
may have been given, imposed or made, shall cease, and
be of no effect by virtue of such appointment under this
Act.
14. The foregoing provisions of this Act shall apply
to the Provinces of Quebec, Ontario, British Columbia,
and Prince Edward Island only, and to such ports, and
such ports only in either of the said Provinces as shall,
from time to time, be designated for that purpose by
Proclamation, under an Order or Orders of the Governor
in Council, except only the Ports of Quebec and Montreal, in the Province Quebec, and of Toronto, in the
Province of Ontario, to which the said provisions shall
not apply.
15. It shall be the duty of each Harbour Master-
appointed, either under the Act firstly mentioned or
the Act secondly mentioned, to see to and superintend 39
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 r eceived by him under either
of the said Acts as hereby amended.
16. The penalty imposed by any rule or regulation
made by the Governor in Council under the fourth
section of either of the said Acts, and incurred by any
breach or continuing breach of such rule or regulation,
may be recovered by summary proceeding and conviction before any Justice 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 relation to summary
Convictions and Orders," on the information 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.
RULES   AND   REGULATIONS   FOR   THE   GOVERNMENT   OF  CERTAIN   PORTS,
in the Provinces of
Nova Scoti-a, New Brunswick, Quebec, Ontario, British
Columbia, and Prince Edwabd Island,
To which the Acts 36 Vic, Chap. 9, and 37 Vic, Chap. 34
apply ; and for the. government, of the office of Harbour
Master for the said Ports.
Rule I.—The following Rules and Regulations shall apply to
each and every Port which has been or hereafter may be proclaimed by an Order of the Governor in Council under the provisions of the above-named Acts, intituled respectively, " An. Act
" to provide for the appointment of Harbour Masters for certain
" Ports in the Provinces of Nova Scotia and New Bruuswick,"
and " An Act to provide for the appointment of Harbour
I Masters for certain Ports in the Provinces of Quebec, Ontario, 40
"British Columbia and Prince Edward Island," unless and until
other Rules and Regulations be authorized in such Order or
subsequent Order in Council.
Rule II.—It shall be the duty of each Harbour Master of the
said Ports in person, or by deputy duly authorized, to go on
board of every ship or vessel of the burthen of twenty tons (registered tonnage) and upwards which shall arrive within the said
Ports within twelve hours after the arrival of such ship or vessel,
to see that she is moored only in such a manner or position as
shall be assigned to her by the following Regulations. And it
shall be lawful for such Harbour Master to ask, demand and
receive as a compensation for his services (vessels belonging to
or employed by Her Majesty and the Government of the
Dominion of Canada, and ships engaged in trading between
Ports and places in the Dominion, or in the Fishing trade
excepted) according to the following scale, and under the restrictions mentioned in the above named Acts :
scale of fees.
For every ship or vessel of 20 tons, but not more than 80 tons
(registered tonnage), 50 cents.
For every ship of 80 tons, but not more than 200 tons (registered tonnage), $1.00.
For every ship of more than 200 tons, but not more than 300
tons (registered tonnage), $2.00.
For every ship of more than 300 tons, but not more than 400
tons (registered tonnage), $3.00.
For every ship of more than 400 tons, $4.00.
Rule III.—In case of any dispute arising between masters,
owners or other persons engaged in hauling ships or vessels in
or out of any of the Docks or Wharves, it shall be the duty of the
Harbour Master, if called upon to give such directions as he may
think fit in respect to the same ; and all masters, pilots, or other
persons having the charge or command of any ships or vessels,
shall comply with the directions of the Harbour Master or his
deputy in these respects, under the penalty of Twenty Dollars
for each and every neglect or refusal so to do.
Rule IV.—If any ship or vessel arriving and anchoring, or
being moored or fastened to any wharf or vessel in the Harbour
shall be so moored or placed as to be unsafe or dangerous to any
other ship or vessel previously lying at anchor in the Harbour,
or moored or fastened as aforesaid, the Harbour Master or his
deputy is hereby authorized and required to forthwith order and
direct the situation of such ship or vessel so arriving and anchored,
moored or fastened as aforesaid, to be altered in such a manner 41
as to prevent such insecurity and danger ; and the master, pilot
or other person having charge of such ship or vessel shall comply
with the orders and directions of the Harbour Master or his
deputy in this respect, under the penalty of Twenty Dollars for
each and every offence.
Rule V.—Any person or persons who may moor or fasten to,
or in any manner injure, alter or change any of the public buoys,
shall, on conviction, pay a penalty of Twenty Dollars, besides
being held liable to pay any damage sustained.
Rule VI.—Whenever it shall happen that any ship or vessel
is short of hands, so that she cannot be moved when ordered, it
shall and may be lawful for the Harbour Master to employ a
sufficient number of hands to effect such removal, and to remove
or assist in removing such vessel as required or as may be necessary'—and that at the expense of such vessel.
Rule VII.—The Harbour Master shall have power to order
the removal of any scow, boat or other vessel, loaded or unloaded, or anything calculated to interfere with the moving or
mooring of vessel from any part of the Harbour to any other
part thereof, and the owner of such scow, boat, etc., or person in
charge thereof, failing to make such removal in one hour after
being notified so to do, shall forfeit and pay a sum not exceeding
$10, nor less than $5, and after one hour shall have elapsed the
Harbour Master shall have power to make the removal and
charge the person notified for so doing.
Rule VIII.—Whenever the Harbour Master shall find ships
or vessels at the wharves with main jib or spanker booms rigged
out so as to incommode other vessels, it shall be the duty of the
Harbour Master to direct such to be rigged in, and in the event
of non-compliance, all accidents to the same shall be at the risk
of the persons so offending.
Rule IX.—No vessel shall be left without some person to take
care of her, by night and by day, when anchored in the stream
or in the Harbour.
Rule X.—All vessels lying at anchor in the Harbour shall
keep a clear and bright light burning at least six feet from the
uppermost deck, from sunset until sunrise.
Rule XI.—All ships or vessels loading or discharging in the
stream, coals, ballast and such like materials, shall have a sufficient piece of canvas or tarpaulin so placed as to prevent any
portion thereof from falling into the Harbour, under the penalty
of $20 for each and every offence, to be paid by the owner,
master or person in charge of such ship or vessel. 42
Rule XII.—No Ballast, Stone, Gravel, Earth or Rubbish of
of any kind, shall be. unladen, cast or emptied out of, or thrown
overboard from any ship or vessel whatever in the Harbour, or
at the entrance thereof (except in places set apart for that purpose by the Harbour Master and under his direction), under the
penalty of Fifty Dollars for each and every offence, to be paid
by the owner, master or other person having the charge of any
such ship or vessel.
Rule XIII.—In places set apart by the Harbour Master for
the deposit of ballast, fete, it is hereby required that no ballast,
stone, gravel, earth or rubbish of any kind shall be unladen, discharged, deposited, thrown or laid before sunrise or after sunset,
under a penalty of Forty Dollars for each and every offence.
Rule XIV.—No Ballast, Stone, Gravel, Earth or Rubbish of
any kind shall be unladen, discharged, deposited, thrown or laid,
either from any vessel, boat, scow, or other such craft, or in any
other manner or by any person, from any part of the beach or
shore into any part of the Harbour, or upon the beach and shore
thereof, either below low water mark, or between high and low
water mark, under the penalty of Forty Dollars for each and
every offence, to be paid by the owner or owners, master or person having charge of any vessel, boat or scow, or other craft from
which such matter as aloresaid shall have been discharged, or by
any other person or persons violating this law.
Rule XV.—Any person or persons who shall or may hinder,
oppose, molest or obstruct the Harbour Master, his deputy or any
of his assistants in the discharge of his duty or their duty, shall,
on conviction, pay a penalty of Forty Dollars for each and every
offence.
Rule XVI.—The penalty for violation of, or not conforming to
the provisions of the law, and for disobeying the lawful orders or
directions of the Harbour Master or his deputy in respect to any
provision for which no penalty is hereinbefore prescribed, shall
be Twenty Dollars, to be imposed upon the owner or person in
charge of the ship or vessel not conforming to the the particular
requirements.
Privy Council Chamber,
Ottawa, 3rd December, 1874.
The foregoing Rules and Regulations were submitted to and
approved by His Excellency the Governor General in Council,
on the 2nd day of December, instant.
W.   A.   HIMSWORTH,
Clerk Privy Council.  

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