@prefix ns0: . @prefix edm: . @prefix dcterms: . @prefix dc: . @prefix skos: . ns0:identifierAIP "d0ccbce6-d0ff-4119-b705-e6530bc7d0b8"@en ; edm:dataProvider "CONTENTdm"@en ; dcterms:isReferencedBy "http://resolve.library.ubc.ca/cgi-bin/catsearch?bid=3865851"@en ; dcterms:isPartOf "British Columbia Historical Books Collection"@en ; dcterms:creator "Vancouver Board of Trade"@en ; dcterms:issued "2015-04-09"@en, "1888"@en ; dcterms:description "\"Also: By-laws and act of incorporation ... (Vancouver, Evans & Hastings, 1899). 31 p.\" -- Lowther, B. J., & Laing, M. (1968). A bibliography of British Columbia: Laying the foundations, 1849-1899. Victoria, BC: University of Victoria, p. 90."@en, ""@en ; edm:aggregatedCHO "https://open.library.ubc.ca/collections/bcbooks/items/1.0222173/source.json"@en ; dcterms:extent "42 pages : table ; 22 cm"@en ; dc:format "application/pdf"@en ; skos:note """ 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. 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 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 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 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. """@en, "Other Copies: http://www.worldcat.org/oclc/7584026"@en ; edm:hasType "Regulations"@en ; dcterms:identifier "spam28276"@en, "I-0801"@en ; edm:isShownAt "10.14288/1.0222173"@en ; dcterms:language "English"@en ; edm:provider "Vancouver : University of British Columbia Library"@en ; dcterms:publisher "Vancouver : Herald Printing and Publishing Co."@en ; dcterms:rights "Images provided for research and reference use only. For permission to publish, copy, or otherwise distribute these images please contact digital.initiatives@ubc.ca."@en ; dcterms:source "Original Format: University of British Columbia. Library. Rare Books and Special Collections. spam28276"@en ; dcterms:subject "Vancouver Board of Trade"@en, "Boards of trade--British Columbia--Vancouver"@en, "Vancouver (B.C.)--Commerce"@en ; dcterms:title "Act of incorporation and by-laws of the Vancouver Board of Trade : Vancouver, B.C., 1887 : adopted and confirmed at the meetings of 23rd and 25th November, 1887"@en ; dcterms:type "Text"@en .