company or person has failed to comply with the requirements of any such order, and on premises where he has reasonable grounds for supposing that any pen, carriage, car, vessel, truck, horse-box, or vehicle, in respect whereof any company or person has on any occasion so failed is to be found, and if any company or person refuses admission to an inspector or other officer acting under this section, such company or person shall be deemed guilty of an offence against this Act. be reserved for experiment. 26. The Governor in Council may, notwithstanding any thing Animals may in this Act, reserve for experimental treatment, any animal ordered to be slaughtered under this Act. be made by 27. The Governor in Council may from time to time make such Orders may orders as they think expedient for all or any of the following pur- the Governor poses: For requiring notice of the appearance of any such disease among animals; For prohibiting or regulating the holding of markets, fairs, exhibitions, or sales of animals; For requiring proof of the fact that animals imported into or passing through Canada shall not, at the time of their embarkation, have been brought from any place or locality where any contagious or infectious disease may at the said time be in existence; And generally any orders whatsoever which they think it expedient to make for the better execution of this Act, or for the purpose of in any manner preventing the spreading of contagious or infectious disease among animals, whether any such orders are of the same kind as the kinds enumerated in this section or not. in Council for certain pur poses. 28. Every such order shall have the like force and effect as Force and if it had been enacted by this Act. effect of such order. 29. Any order, license, regulation, or other instrument made Orders, &c. under this Act, or under any order of the Governor in Council there- writing, &c. under, may be in writing or print, or partly in writing and partly in print. Order. 30. An order or regulation made or issued under this Act or Proofs of under any order of the Governor in Council, may be proved as follows : By the production of a copy of a newspaper containing a copy. of such order or regulation; or By the production of a printed or other copy of such order or regulation issued to an Inspector or other Officer as aforesaid: And Penalty for Inspector. And any such order or regulation shall, until the contrary is proved, be deemed to have been duly made and issued at the term at which it bears date. 31. If any person obstructs or impedes an inspector or other obstructing or officer acting in execution of this Act, or of any order of the Goverimpeding nor in Council thereunder, he, and every person aiding and assisting him therein, shall be guilty of an offence against this Act, and the inspector or other officer, or any person whom he calls to his assistance, may seize the offender and detain him until he can be conveniently taken before a justice, to be dealt with according to law. Where offences against this Act, &c., shall be deemed to have been committed. Repeal of Act 15. 32. For the purposes of proceedings under this Act, or any order or regulation of the Governor in Council, every offence against this Act, or any such order or regulation, shall be deemed to have been committed, and every cause of complaint under this Act, or any such order or regulation, shall be deemed to have arisen, either in the place in which the same actually was committed or arose, or in any place in which the person charged or complained against happens to be. 33. The Act of the Legislature of the late Province of Canada, 29 Vict., cap. passed in the twenty-ninth year of Her Majesty's Reign, Chapter fifteen, intituled: An Act to provide against the introduction and spreading of disorders affecting certain animals, is hereby repealed. Short title. Preamble. Inquiry to be instituted in 34. When citing this Act it shall be sufficient to call it "The Animal Contagious Diseases Act, 1869.” CAP. XXXVIII. An Act respecting inquiries and investigations into shipwrecks, and other matters. H [Assented to 22nd June, 1869.] ER MAJESTY, by and with the advice and consent of the 1. In any of the cases following, that is to say, whenever any cases of wreck ship is lost, abandoned or materially damaged on or near the and casualty. Lake, River or Sea Coasts of Canada, or any island or place adjacent thereto; Whenever any ship causes loss or material damage to any other ship on or near such coasts, island or place; Whenever by reason of any casualty happening to or on board of any ship on or near such coasts, island or place, loss of life ensues; Whenever 1 Whenever any such loss, abandonment, damage or casualty happens elsewhere, and any competent witnesses thereof arrive or are found at any place in Canada; The principal officer of Customs residing at or near the place who shall where such loss, abandonment, damage or casualty occurred, if the make it. same occurred on or near the coasts of Canada, or any island or place adjacent thereto, but if elsewhere, at or near the place where such witnesses as aforesaid arrive, or are found, or can be conveniently examined, or any other person appointed for the purpose by the Minister of Marine and Fisheries, may make enquiry respecting such loss, abandonment, damage or casualty. 2. Every such officer or person as aforesaid shall have the fol- Powers of Offilowing powers, that is to say: (1.) He may go on board any ship, and may inspect the same or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, the boarding or inspection of which appears to him to be requisite for the purpose of the inquiry he is required to make, not unnecessarily detaining any such ship from proceeding on any voyage; (2.) He may enter and inspect any premises, the entry and inspection of which appears to him to be requisite for the purpose of the inquiry he is to make; (3.) He may, by summons under his hand, require the attendance of all such persons as he thinks fit to call before him and examine for such purpose, and may require answers or returns to any inquiries he thinks fit to make; (4.) He may require and enforce the production of all books, papers or documents which he considers important for such purpose; (5.) He may administer oaths, or may, in lieu of requiring and administering an oath, require every person examined by him to make and subscribe a solemn affirmation or declaration of the truth of the statement made by him in his examination; ers making inquiries. perjury. penses. And any wilfully false statement made by any such witness on Wilfully false oath or solemn affirmation, or in any such declaration shall be a statements, misdemeanor, punishable in the same manner as wilful and corrupt perjury, and every witness so summoned shall be allowed such Witness to expenses as would be allowed to any witness attending on sub- be allowed expœna to give evidence before any Court of Record in the same Province of Canada, and in case of any dispute as to the amount of such expenses, the same shall be referred by such officer or person to the nearest Prothonotary, or clerk, or master, or other taxing officer of any Court of Record within the jurisdiction of which the attendance is required, who, on a request made to him for for that purpose under the hand of such officer or person shall ascertain and certify the proper amount of such expenses; and give evidence. every person who refuses to attend as a witness before any such Penalty for refusing to Proviso. Penalty for obstructing officers in the execution of their duty. Cfficer to report to the Minister of Marine and Fisheries. Formal invoɛtigations in certain cases. Powers of officer or person, after having been required so to do in the manner hereby directed, and after having had a tender made to him of the expenses, if any, to which he is entitled as aforesaid, or who refuses or neglects to make any answer, or to give any return, or to produce any document in his possession, or to make or subscribe any solemn affirmation or declaration which any such officer or person is hereby empowered to require, shall for each such offence incur a penalty not exceeding forty dollars; but no such witness shall be compelled to answer, or suffer any penalty for refusing to answer, any question by his answer to which he might render himself liable to a criminal prosecution. 3. Every person who wilfully impedes any such officer or person in the execution of his duty, whether on board any ship or elsewhere, shall incur a penalty not exceeding forty dollars, and may be seized and detained by such officer or person, or by any person whom he may call to his assistance, until such offender can be conveniently taken before some Justice of the Peace or other officer having proper jurisdiction. 4. Upon the conclusion of any such inquiry the officer or person who made the same shall send to the Minister of Marine and Fisheries for the information of the Governor General in Council, a report containing a full statement of the case, and of his opinion thereon, accompanied by such report of or extracts from the evidence and such observations, if any, as he may think fit. 5. If it appears to the Governor in Council in any such case as aforesaid, either upon or without any such preliminary inquiry as aforesaid, or in any case of a charge of misconduct or incapacity brought by any person against any master or mate of any ship, that a formal investigation is requisite or expedient, the Governor in Council may nominate and appoint any competent person or persons to be a court or tribunal for the purpose of such investigation and such person or persons shall thereupon be such court or tribunal accordingly. 6. Such court or tribunal shall have the power of summoning bunal making before them any persons, and of requiring them to give evidence investigation. on oath, orally or in writing (or on solemn affirmation, if they be parties entitled to affirm in civil matters), and to produce such documents and things as such court or tribunal may deem requisite to the full investigation of the matters into which they are appointed to examine; and such court or tribunal shall have the same power to enforce the attendance of witnesses and to compel them to give evidence, as is vested in any Court of Law in civil cases; and any wilfully false statement made by any such witness on oath or solemn affirmation, shall be a misdemeanor punishable in the same manner as wilful and corrupt perjury; but no such Proviso. witness witness shall be compelled to answer any question by his answer to which he might render himself liable to a criminal prosecution; and the proceedings of such Court shall be assimilated as far as possible to those of ordinary Courts of Justice, with the like publicity. and 18 V. c. 7. And whereas it is enacted by the two hundred and forty- Section 242 of second section of the Act of the Imperial Parliament, passed in Imp. Act, 17 the session thereof held in the seventeenth and eighteenth years 104 recited. of Her Majesty's reign, chapter one hundred and four, intituled: An Act to amend and consolidate the Acts relating to Merchant Shipping, that the Board of Trade may suspend or cancel the certificate (whether of competency or service) of any master or mate of the Merchant Service, in certain cases, one of which cases, set forth in sub-section five of the said section, is as follows,-" If upon any investigation made by any court or tribunal authorized or hereafter to be authorized by the legislative authority of any British possession, to make inquiry into charges of incompetency or misconduct on the part of masters or mates of ships, or as to shipwrecks or other casualties affecting ships, a report is made by such court or tribunal to the effect that he has been guilty of any gross act of misconduct, drunkenness or tyranny, or that the loss or abandonment of, or serious damage to any ship, or loss of life, has been caused by his wrongful act or default, and such report is confirmed by the Governor or person administering the government of such possession ;" and whereas it is further in effect Section 23 of enacted by the twenty-third section of the Act of the Imperial and 26 V., 0. Imp. Act 25 Parliament, passed in the session thereof held in the twenty- 63 recited. fifth and twenty-sixth years of Her Majesty's reign, Chapter sixty-three, that the power of cancelling or suspending the certificate of a master or mate conferred by the above cited two hundred and forty-second section on the Board of Trade, shall in future vest in and be exercised by this court or tribunal by which the case is investigated or tried: Be it hereby further enacted, that Such a Court such court or tribunal authorized to be appointed by this Act, under said shall be held to be in all respects a court or tribunal under the Imp. Acts. herein before cited sub-section of the Imperial Act herein before first cited. to be a Court office. S. Every member of such court or tribunal so appointed as Members to aforesaid, before entering upon his duties as such, shall take and take oath of subscribe an oath before one of Her Majesty's Justices of the Peace, well, faithfully and impartially, to execute the duties assigned to him by this Act. Governor. tificates to be 9. Upon the conclusion of every such investigation or as soon Report to afterwards as possible, the court or tribunal shall send to the Min- Decision as to ister of Marine and Fisheries a full report upon the case investi- cancelling cer gated, together with the evidence, and their judgment and opinion stated in open thereon, and such observations, if any, as the court or tribunal Court. may think fit to make, and shall state in open court the decision to which they have come with respect to cancelling or suspending any |