CAP. XXXVIII. An Act to extend certain Laws relating to matters connected with Navigation, to the Province of British Columbia. [Assented to 14th June, 1872.] H ER Majesty, by and with the advice and consent of the Preamble, Senate and House of Commons of Canada, enacts as follows: 1. Upon, from and after the first day of January next Certain Acts after the passing of this Act, the Acts hereinafter mentioned viz. : of the Parliament of Canada, that is to say: 1. The Act passed in the thirty-first year of Her Majesty's 31 Vic., c. 58. reign, and intituled "An Act respecting the Navigation of Canadian Waters;' 2. The Act passed in the same year of Her Majesty's reign, 31 Vic., c. 59. intituled "An Act relating to Light-houses, Buoys and Beacons" 33 Vic., c. 18. as amended by the Act passed in the thirty-third year of Her Ma jesty's reign, chapter eighteen; 3. The Act passed in the same year of Her Majesty's reign, 31 Vic., c. 64. and intituled " An Act respecting the treatment and relief of 33 Vic., c. 19. Sick and Distressed Mariners," as amended by the Act passed in the thirty-third year of Her Majesty's reign, chapter nineteen; and, 32-33 Vic., 4. The Act passed in the same year of Her Majesty's reign, 31 Vic., c. 65, and intituled "An Act respecting the Inspection of Steamboats, c. 39, and for the greater safety of Passengers by them," as amended by the Act passed in the session held in the thirty-second and thirtythird years of Her Majesty's reign, chapter thirty-nine British Colum Shall be and are hereby extended to and shall be in force in the Extended to Province of British Columbia, and all enactments or laws theretofore bia on and in force in the said Province, inconsistent with the said Acts, or after 1st Jannmaking any provision in any matter provided for by the said ary, 1873. Acts, other than such as is made by the said Acts, shall be repealed on and after the said day. other Pro 2. The like rate or duty shall be levied and collected Like rates under the Acts mentioned in the third paragraph of the 31 V., c. 64. payable under next preceding section, on every vessel arriving at any port in in B. C., as in the said Province, on or after the day last aforesaid, in like manner, vinces, by the like officer, and subject to the like provisions and exceptions, and to be applied in like manner, as if the said Province were expressly mentioned in the said Acts wherever the Provinces of Quebec, Nova Scotia and New Brunswick are mentioned therein. And under 31 Governor in grant certain exemptions during ten years. 3. The like rate or duty and inspection fees shall be payable on and after the day last aforesaid under the Acts mentioned in the fourth paragraph of the next preceding section but one, by the owner or master of every steamboat in the said Province of British Columbia, as are payable in other Provinces of the Dominion, and payment thereof may be enforced in the like manner, as if the said Province had formed part of the Dominion at the time of the passing of the said Acts; and the word " Dominion" or "Canada" in the said Acts shall be construed as including the said Province. 4. Notwithstanding anything to the contrary in the Acts last Council may above mentioned, the Governor in Council may during ten years from the passing of this Act, exempt Inspectors of steamboats or engineers of steamboats in the said Province of British Columbia, or at any port or place therein, from the examination required by the said Acts, previous to their appointment or their acting as such Inspectors or engineers, and from acting as members of the Board of Inspectors. Certain provisions as to quality of iron not to apply tain time. 5. Sub-section six of section seven of the said "Act respecting "the Inspection of Steamboats, and for the greater safety of Pas"sengers by them," shall not during two years from the passing during a cer- of this Act, apply to boilers made during that time in British Columbia, as regards the iron of which such boilers are made, nor to steamboat boilers made before the passing of this Act or before the expiration of the said two years, until such boilers are declared on inspection to be no longer fit for use. Preamble. clause. CAP. XXXIX. An Act respecting the Shipping of Seamen in Nova Scotia [Assented to 14th June, 1872.]. ER Majesty, by and with the advice and consent of the HE Interpretation 1. In the construction and for the purposes of this Act (if not inconsistent with the context or subject matter) the following terms shall have the respective meanings hereinafter assigned to them, that is to say, "Ship." "Master." 'Ship," shall include every description of vessel used in naviga tion not propelled by oars : Master," shall include every person (except a pilot) having command or charge of a ship : "Seamen," "Seaman," shall include every person (except masters, pilots and "Seaman." apprentices duly indentured and registered) employed or engaged in any capacity on board any ship : "The Board of Trade," shall mean the Lords of the Committee of "Board of Privy Council, in England, appointed for the consideration of Trade." matters relating to trade and foreign plantations. Scotia, 2. The Governor in Council may establish a Shipping Office at Shipping each port in the Province of Nova Scotia where a Custom House offices in Nova is situated, and may, from time to time, establish Shipping Offices at other ports in that Province, as he may deem advisable. 3. The Governor in Council may, subject to the provisions of Shipping Masters, Dethis Act, appoint superintendents of such offices, to be called puties, Clerks, Shipping Masters, who may appoint any necessary deputies, clerks &c. and ser vants, and shall, subject as hereinafter mentioned, have complete control over the same, and be responsible for every act done by such deputies, clerks or servants; and all acts done by or before such deputies, shall have the same effect as if done by or before such Shipping Masters. 4. No person selling any spirituous liquors, and no-tavern-keeper Persons not or boarding-house keeper, shall be eligible for the situation of eligible. Shipping Master or Deputy Shipping Master. Collector to 5. The Governor in Council may direct that at any place in the If no separate said Province in which no separate Shipping Office is established, is established shipping office the whole or any part of the business of the Shipping Office shall at any port, be conducted at the Custom House; and thereupon the same shall act at the be there conducted accordingly; and in respect of such business, Custom House. such Custom House shall for all purposes be deemed to be a Shipping Office, and the Chief Officer of the Customs there, if no other Shipping Master has been appointed, shall for all purposes be a Shipping Master, and be held and deemed to have been appointed as such within the meaning of this Act. puties, &c., to 6. All Shipping Masters, and all deputies, clerks and servants Shipping, appointed as aforesaid, shall before entering upon their duties give Masters, Desuch security (if any) for the due performance thereof as the give security. Minister of Marine and Fisheries may require; and if in any case the Minister of Marine and Fisheries has reason to believe that any Provision for person appointed by any Shipping Master does not properly dis- removal in charge his duties, he may cause an investigation to be made, and conduct. may direct the dismissal or suspension of such person, and may provide for the temporary performance of his duties until another person is properly appointed in his place, or during his suspension, as the case may be. cases of mis Masters, &c., 7. All Shipping Masters, deputies, clerks and servants so ap- Shipping pointed as aforesaid shall,-before entering upon their duties, take to be sworn. and subscribe the following oath before any Magistrate : The oath. Duties of Ship ping Masters. Registry of "I, A. B. do swear that I will faithfully perform the office, and duty of Shipping Master (or Deputy Shipping Master, or as the case may be,) according to the true intent and meaning of the "Act respecting the Shipping of Seamen in Nova Scotia,' passed 'by the Parliament of Canada, in the thirty-fifth year of Her Majesty's reign, that I will not, either directly or indirectly, personally or by means of any other person or persons on my behalf, receive any fee, reward or gratuity whatsoever by reason "of any function of my office as Shipping Master (or Deputy Shipping Master, or as the case may be), [except such as are allowed to me under the said Act], and that I will act without partiality, favor or affection and to the best of my knowledge. "So help me God." 8. It shall be the duty and general business of Shipping Masters, To afford facilities for engaging seamen, by keeping registers of the names of such seamen who may apply to them for engagement, and registers of all seamen shipped or discharged by them, which registers shall be open for public inspection; Engagement To superintend and facilitate the engagement and discharge and discharge. of seamen in manner hereinafter mentioned; ment. Securing ship- To provide means for securing the presence on board at the proper times of men who are so engaged, when requested so to do; the expense of such service to be defrayed by the master, owner or agent of the ship requiring the presence of men on board; Apprentices, Other duties may be as To facilitate the making of apprenticeships to the sea service; To perform such other duties relating to Merchant Seamen signed them. and Merchant Ships as are hereby, or may hereafter under the powers herein contained be committed to them; Agreements of Nova Scotia And every agreement in writing required to be entered into by under Statutes part the first, "Of Shipping and Seamen," of chapter seventyfive of the Revised Statutes of Nova Scotia, third series, shall be signed before a Shipping Master or Deputy Shipping Master; Control of No other per seamen for any ship. And all such business transacted at any Shipping Office in Nova Scotia, shall be under the immediate control and supervision of the Minister of Marine and Fisheries. 9. No person other than the Shipping Master or Deputy son to engage Shipping Master shall hire, engage, supply or provide a seaman to be entered on board any ship, except as hereinafter provided; and if any person, other than a Shipping Master or Deputy Shipping Master, exacts or receives from the master of any ship, any sum of money as a reward for procuring a seaman to serve on board such ship, such person shall, on conviction thereof, forfeit and pay a sum. not exceeding eighty dollars, nor less than twenty dollars. Penalty. person not to 10. No owner, part owner, master or person in charge of any Seaman enship, or ship's husband, or consignee, shall knowingly receive or gaged by other accept to be entered on board such ship, or permit to remain on be received. board the same any seaman who has been hired, engaged, supplied or provided to be entered on board thereof contrary to the provisions of this Act, or who has been engaged or hired to be entered on board any other ship. not to be 11. No person shall employ any person other than a Shipping Other persons Master or Deputy Shipping Master for the purpose of hiring, employed for engaging, supplying or providing seamen to be entered on board such purposes. a ship; and any person knowingly employing any other person for any of the purposes aforesaid, shall, upon conviction thereof, Penalty. forfeit and pay a sum not exceeding forty dollars for each offence. incurred for 12. Any person guilty of any of the offences above described Penalty to be shall forfeit and pay for each and every seaman hired, engaged, each seaman supplied or provided to be entered on board, or for every seaman shipped. knowingly received or accepted to be entered on board, contrary to the provisions of this Act, a sum of money not exceeding forty dollars upon conviction thereof, for each offence, although several seamen be included in the same contract, or several seamen be received or permitted to remain at the same time. seaman. 13. The sum of fifty cents shall be payable upon each engage- Fees payable on the engagement of a seaman effected before a Shipping Master or Deputy ment or disShipping Master in Nova Scotia, as hereinafter mentioned; and charge of each the sum of thirty cents shall be payable upon each discharge of a seaman shipped in Nova Scotia, effected before a Shipping Master or Deputy Shipping Master in Nova Scotia, as hereinafter mentioned; and any Shipping Master, or the deputy, clerk or servant of any Shipping Master, may refuse to proceed with any engagement or discharge unless the fee payable thereon is first paid. Master to pa y seaman. 14. Every owner or master of a ship engaging or discharging Owner or any seaman or seamen in a Shipping Office or before a Shipping fees, but Master or Deputy Shipping Master in Nova Scotia shall pay to may retain one the Shipping Master or Deputy Shipping Master the whole of the half from the fees hereby made payable, in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct and retain in respect of each such engagement or discharge, from the wages of all persons so engaged or discharged, a sum not exceeding one-half the amount so paid to the Shipping Master or Deputy Shipping Master. 15. Any Shipping Master or Deputy Shipping Master, or any Penalty on Shipping clerk or servant in any Shipping Office in Nova Scotia, who Master, &c., demands or receives any remuneration whatever, either directly or receiving any indirectly, for hiring or supplying any seaman for any ship, neration for except the lawful fees payable under this Act shall, for every services. such further remu |