Advances on to give priority of lien. or if no two other daily newspapers are published in or nearer to such place if in any other Province in Canada; and if in any place where any such sale by auction is to be made, there be not any newspaper published daily in either language, but some newspaper or newspapers be published there in such language less often than daily, then such advertisement shall also be published in every issue of such local newspaper, or of at least one of such local newspapers, during the time in which it would otherwise be published in daily newspapers. 14. All advances made on the security of any such cove such security receipt or bill of lading, or receipt, acknowledgment or certificate as aforesaid, shall give and be held to give to the person, bank or other body corporate making such advances, a claim for the repayment of such advances on the timber, boards, deals, staves or other lumber therein mentioned, prior to and by preference over the claim of any unpaid vendor or other creditor, save and except claims for wages of labor performed in making and transporting such timber, boards, deals, staves, or other lumber, any law, usage or custom to the contrary notwithstanding. Punishment of persons giving false receipts, &c., 15. If any Miller, Warehouseman, Master of a vessel, Forwarder, Carrier, Wharfinger, Keeper of a Cove, Yard, Harbour or other place for storing timber, deals, staves, boards or other under this Act. lumber, Factor, Agent or other person, or any clerk or person in his employ, knowingly and wilfully gives to any person any writing purporting to be a receipt for or an acknowledgment of any cereal grain, timber, deals, staves, boards or other lumber, or other goods, wares, merchandize or property as having been received in his Warehouse, Vessel, Cove, Wharf or other place, or in any such place about which he is employed, or as having been in any other manner received by him or the person in or about whose business he is employed, before the goods or property named in such receipt, acknowledgment or writing have been actually so received by or delivered to him or his employer, with the intent to mislead, deceive, injure or defraud any person or persons whomsoever, although such person or persons may be then to him unknown; or if any person knowingly and wilfully accepts or transmits or uses any such false receipt, acknowledgment or writing,the person giving and the person accepting, transmitting or using such false receipt, acknowledgment or writing shall severally be guilty of a misdemeanor, and shall on conviction be liable to be imprisoned in the Penitentiary for the Province where the offence is committed for any term not exceeding three years nor less than two years, or to be imprisoned in any other gaol or place of confinement for any term less than two years but not less than one year, in the discretion of the Court before which the conviction shall be had. Or accepting be committed 16. If any offence in the next preceding section mentioned If the offence be committed by the doing of any thing in the name of any firm, in the name of company or copartnership of persons, the person by whom such a firm. thing is actually done, or who connives at the doing thereof, shall be deemed guilty of the offence and not any other person. for usury. 17. No Bank shall after the passing of this Act incur any Banks exemptpenalty or forfeiture for usury; and any Bank may stipulate for, ed from penalty take, reserve or exact any rate of interest or discount not exceeding seven per centum per annum, and may receive and take in advance any such rate, but no higher rate of interest Rate of interest shall be recoverable by any Bank; any rate of interest what- recoverable. ever may be allowed by any Bank upon money deposited May allow with it. any rate. discounted but payable discounting. 18. Any Bank or Banking Institution carrying on business Rates of preas such in Canada, may, in discounting at any of its places of mium on notes business, branches, agencies or offices of discount or deposit, sewhere than any note, bill, or other negotiable security or paper payable at where payable, any other of its own places or seats of business, branches, agen- at any branch cies or offices of discount and deposit in Canada, receive or of the Bank retain in addition to the discount any amount not exceeding the following rates per centum, according to the time it has to run, on the amount of such note, bill or other negotiable security or paper, to defray the expenses attending the collection thereof; that is to say: under thirty days, one eighth of one per cent,-thirty days or over, but under sixty days, one fourth of one per cent,-sixty days and over, but under ninety days, three eighths of one per cent,-ninety days and over, one half of one per cent. elsewhere than counting. 19. Any Bank or Banking Institution carrying on business The same as such in Canada, may in discounting any note, bill or other when payable negotiable security or paper, bona fide payable at any place in at a branch of Canada different from that at which it is discounted, and other the Bank disthan one of its own places or seats of business, branches, agencies or offices of discount and deposit in Canada, receive and retain in addition to the discount thereon, a sum not exceeding one half of one per centum on the amount thereof, to defray the expenses of agency and charges in collecting the same. 20. This Act shall be in force until the first day of January, Duration of in the year of our Lord one thousand eight hundred and seventy, this Act. and thence until the end of the then next session of Parliament and no longer. CAP. XII. Preamble. Department and Minister of Public Works. Deputy, Secretary, Chief Engineer and other officers. Temporary An Act respecting the Public Works of Canada. [Assented to 21st December, 1867.] ER Majesty, by and with the advice and consent of the follows: DEPARTMENT OF PUBLIC WORKS. 1. There shall be one Department of Public Works for Canada, over which the "Minister of Public Works" for the time being, appointed by commission under the Great Seal of Canada, shall preside and have the management and direction of the Department, and shall hold office during pleasure. 2. The Governor may also appoint a Deputy of the Minister of Public Works, who shall be Chief Officer of the Department, a Secretary for the Department, a Chief Engineer, and such other officers as may be necessary for the proper conduct of the business of the Department, all of whom shall hold office during pleasure. 3. The Governor may also appoint from time to time Engineers, &c. as many Engineers, Superintendents, and other Officers as he may deem necessary, for the construction, maintenance, use, and repair of Public Works and Buildings, and may at his pleasure remove them or either of them. Duties and 4. It shall be the duty of the said Deputy, and he shall have power of the authority, (subject always to the Minister,) to oversee and Deputy. direct the other officers and servants of the Department; he shall have the general control of the business of the Department, and such other powers and duties as may be assigned to him by the Governor in Council, and in the absence of the Minister and during such absence, may suspend from his duties any officer or servant of the Department who refuses or neglects to obey his directions as such Deputy. Duties of the 5. It shall be the duty of the Secretary, unless otherwise directed in any case by the Minister, to keep separate accounts of the moneys appropriated for, and expended on each Public Work and building; to submit the said accounts to be audited in such manner as may be appointed by the Governor in Council; to have charge of all plans, contracts estimates, documents, titles, models, and other like things relating to any such work or building; to keep proper accounts with each contractor and other person employed by the Department; to see that all contracts are properly drawn out and executed executed; to prepare all certificates upon which any warrant is to issue; to keep minutes of all the proceedings of the Department, to prepare reports, and to conduct, under the direction of the Minister, the correspondence of the Department, and generally, to do and perform all such acts and things pertaining to the business of the Department, as he may from time to time be directed to do and perform by the Minister; and a copy of any map, plan or other document in the custody Copies of and charge of the Secretary, certified by him as a true copy, certified by shall be held to be authentic, and shall be primâ facie of the him to be same legal effect as the original, in any Court or elsewhere. documents authentic. 6. It shall be the duty of the Chief Engineer to prepare Duties of Chiet maps, plans, and estimates for all Public Works which are Engineer. about to be constructed, altered or repaired by the Department; to report for the information of the Minister, on any question relating to the Public Works which may be submitted to him; to examine and revise the plans, estimates and recommendations of other Engineers and officers, and generally to advise the department on all engineering questions affecting the public works of the Dominion. 7. No deeds, contracts, documents or writings shall be What acts only deemed to be binding upon the Department or shall be held to shall bind the be acts of the said Minister, unless signed and sealed by him Department. or his deputy, and countersigned by the Secretary. tracts, &c. 8. All actions, suits and other proceedings at law or in Actions for equity, for the enforcement of any contract, agreement, or obli- enforcing congation in respect of any public work, building, or property under the control of the Department, shall be instituted in the name of Her Majesty's Attorney General for Canada. maps, plans, 9. The Governor may from time to time require any Recovering person or corporation, or any provincial authority, having possession of the possession or custody of any maps, plans, specifications, &c., relating to estimates, reports or other papers, books, drawings, instru- Public Works. ments, models, contracts, documents or records, not being private property, and relating to any public work, building or property which is now or which may hereafter be placed under the control of the Department of Public Works, to deliver the same without delay to the Secretary of the Department. shall be under 10. The Canals, Locks, Dams, Hydraulic Works, Harbors, What works Piers and other works for the improving the navigation of any the control of water, the slides, dams, piers, booms and other works for faci- the Departlitating the transmission of timber, the roads and bridges, the ment. public buildings, the railways and rolling stock thereon, the vessels, dredges, scows, tools, implements and machinery for the improvement of navigation,-the Provincial Steamers, and all other property heretofore acquired, constructed, repaired, maintained or improved at the expense either of the late Province of Canada or of New Brunswick or Nova Scotia, and also the works and properties acquired or to be acquired, constructed or be constructed, repaired or improved at the expense of Canada, and also ell such portions of the property known as the "Ordnance Property" transferred to the late Provincial Government of Caed by the Imperial Government and afterwards placed under the control of the Department of Public Works, hd be and shall continue to be vested in Her Majesty and under the control and management of the Minister of Public Wocks, with the following exceptions, viz: Exceptions. 1st. Such puble woks and property as have been or may hereafter be lawfully nsfered to either of the Provinces of Ontario, Quebec, Nova Scotia or New Brunswick; Other works be so placed clamation. 2nd. Such public works and property as have been or may hereafter be leased, sold, or otherwise lawfully transferred to municipalities, incorporated companies or other parties, unless the same are subject to be and are resumed by Her Majesty in virtue of the provisions of any Act, or of any lease, sale or transfer thereof, or relating thereto; 3. Steh public works and property as may by any Act of the presem Session be placed under the control and management of any other Minister or Department; 4th. Such public works, roads, bridges, harbors or property as have been or may hereafter be, by Proclamation, abandoned or left to the control of municipal or local authorities. 11. The Governor may, from time to time, by Promay by Pro- clamation, declare any other works, roads, bridges, harbours, slides, light-houses or buildings purchased or constructed at the public expense, and which have not been assigned to any provincial government, to be works, roads or buildings subject to the provisions of this Act, and they shall thenceforth be under the management of the department. tracts, &c., continued. Existing con- 12. All contracts, bonds, agreements or leases for or respecting any work or building, now the property of Canada, or for any tolls for the same, entered into by the Commissioner of Public Works of the late Province of Canada, or by the Board of Works of the Province of Nova Scotia or of the Province of New Brunswick, or by any commissioners or other persons duly authorized to enter into the same, shall enure to the use of Her Majesty, and may be enforced as if they had been entered into with Her Majesty under the authority of this Lands, watercourses, &c., acquired for Act. 12. All lands, streams, water-courses and property acquired for the use of Public Works or Buildings, shall be vested Public Works, in Her Majesty, and when not required for the said works or buildings, |