doubt. of Public Works or to the Minister of Railways and Canals, the cases of question shall be decided by the Governor in Council, and the works and property which shall be under the management, charge and direction of either minister may, from time to time, be determined in like manner. 2. The Governor in Council may determine by which min- Idem. ister any power vested in the Minister of Public Works on the fifteenth day of May, one thousand eight hundred and seventynine, shall be exercised. R.S., c. 36, s. 8. under control of any Inaintained. 38. Every public road or bridge declared by proclamation Works not of the Governor in Council, under the authority of Part I. of this Act, to be no longer under the management and control of minister, how the Minister of Public Works, and not by or under the authority of this Act or any other Act placed under the control and management of any other minister or department shall be under the control of and shall be maintained and kept in repair by the municipal or other authorities of the locality and the road officers thereof, in like manner as other public roads and bridges therein under their control. R.S., c. 36, s. 16. required may 39. Notwithstanding anything in this Act, or in any other Works not Act contained, any public work not required for public purposes be sold. may be sold or leased, under the authority of the Governor in Council; and the proceeds of such sale or lease shall be accounted for as public moneys: Provided that such public work shall be so sold or leased by tender or at auction after public advertisement, unless it is otherwise authorized by the Governor in Council, 58-59 V., c. 36, s. 1. contracts 40. All contracts, bonds, agreements or leases for or respect- Provincial ing any work or building now the property of Canada, or for enure to any tolls for the same, entered into by the Commissioner of Canada. 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, in any province of Canada, shall enure to the use of His Majesty, and may be enforced as if they had been entered into with His Majesty under the authority of this Act. R.S., c. 36, s. 32. documents. 41. The Governor in Council may, from time to time, require Custody of any person, or any provincial authority, having the possession or custody of any maps, plans, specifications, estimates, reports or other papers, books, drawings, instruments, models, contracts, documents or records, which are not private property, and which relate to any public work, to deliver the same forthwith to the secretary or proper officer of the department charged with the management and control of such public work. R.S., c. 36, s. 33. Actions for enforcing contracts. Publication of regulations, etc. 42. All actions, suits and other proceedings at law or in equity, for the enforcement of any contract, agreement or obligation in respect of any public work, may be instituted in the name of the Attorney General of Canada. R.S., c. 36, s. 31. 43. All proclamations, regulations or orders in council made under this Act, shall be published in the Canada Gazette. R.S., c. 36, s. 36. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. 662 CHAPTER 40. An Act respecting Tolls on Government Works for the Transmission of Timber. SHORT TITLE. 1. This Act may be cited as the Government Works Tolls Short title. Act. INTERPRETATION. 2. In this Act, unless the context otherwise requires,- CONTROL. Definitions. 3. The collection of tolls and dues on any timber, lumber Minister to or saw-logs passing through or using any works to which this control. Act applies, shall be under the control of the Minister. R.S., c. 98, s. 2. REGULATIONS. 4. The Governor in Council may, from time to time, make Relating to regulations as respects matters relating to such works as afore- works. said, and not specially provided for by this or any other Act, and for fixing the rates of toll and the dues to be charged for Tolls. the use of any such works, or of any series of such works, the rates in such latter case to be denominated through rates, and providing for the manner in which such tolls and dues shall be Penalties. ascertained and collected, and also for imposing fines and penalties for any violation of such regulations, not exceeding, in any one case, five hundred dollars. R.S., c. 98, s. 3. Statements to be verified. 5. The Governor in Council may make regulations authorizing a collector of tolls and dues on any works, in any case or class of cases specified in the regulation, to require any assertion of fact or any statement in relation to any matter to which this Act or any regulation made under it. relates, to be verified by the oath of the person making such assertion of fact or statement; and the oath so authorized may be administered by any judge or clerk of any county or circuit court, or any justice of the peace, or any commissioner for taking affidavits for use in any court in Canada, or by the collector of tolls and dues. R.S., c. 98, s. 4. Tolls and charge. LIEN FOR TOLLS. 6. All tolls and dues chargeable for the transmission of dues a first timber, lumber or saw-logs through or over any works shall be a first charge or lien on all or any part of such timber, lumber or saw-logs. 2. Every portion of any such timber, lumber or saw-logs so transmitted shall be liable for the whole or any portion of such tolls and dues wheresoever and so long as the same is found and whether it is or is not converted into deals or boards: Provided that no part of any such timber, lumber, saw-logs or the product thereof bona fide sold, assigned, or transferred shall in addition to the costs, if any, incurred in enforcing the claim for such tolls or dues be liable for more than double the tolls or dues to which it would proportionately to and as a part of the whole of such timber, lumber or saw-logs have been liable in case such tolls and dues were being realized from the whole of such timber, lumber or saw-logs. R.S., c. 98, s. 5. 7. All officers or agents, employed in the collection of such tolls and dues, and all persons acting under the authority of such officers or agents may follow all such timber and may seize and detain the same wherever it is found, until the tolls. and dues thereon are paid or secured, as provided by this Act or by any regulation made thereunder. R.S., c. 98, s. 5. 8. In case of the Crown having any claim or lien under this Act on any timber, lumber or saw-logs or on any sawn lumber whether such claim or lien in respect to such sawn lumber was originally on such sawn lumber or on timber, lumber or saw-logs out of which the same was sawn, no transfer, assignment, sale, mortgage or delivery to any person or any change of owner shall affect in any respect such claim or lien, saving always the right of any innocent holder of any remedy he has at law against the person from whom he received any such timber, lumber, sawlogs or sawn lumber. R.S., c. 98, s. 5. 9. If any timber, lumber or saw-logs, in respect of which tolls or dues are chargeable, have been converted into sawn lumber and placed in any yard or piling ground with other the whole sawn lumber, in such way that the identity thereof cannot liable. be ascertained, all the sawn lumber in such yard or piling ground shall be deemed to be the product of timber, lumber or saw-logs which have passed over or through works to which this Act applies, and shall be liable for all tolls and dues with which the timber, lumber or saw-logs, the product of which has been so placed with other sawn lumber in such yard or piling ground, are chargeable. R.S., c. 98, s. 6. COLLECTION OF TOLLS. ber seized, paid. 10. If any timber, lumber or saw-logs, or product thereof, Sale of timseized and detained for non-payment of tolls, dues, penalties, if tolls and expenses and costs remains more than thirty days in the cus- dues not tody of the collector or person appointed to guard the same, without the tolls, dues, penalties and expenses being paid, the Minister may order a sale of the said timber, lumber or sawlogs, or product thereof, to be made after such notice as he deems sufficient; and the balance of the proceeds of such sale, after retaining the amount of tolls, dues, penalties and expenses incurred, shall be paid to the owner or person claiming such timber, lumber or saw-logs, or product thereof; and if a sufficient sum is not realized from such sale to defray such tolls, dues, penalties and expenses, the amount remaining unpaid shall be recoverable, with costs, in any court of competent jurisdiction, by the collector of tolls and dues in his own name, or in the name of His Majesty: Provided that the whole amount of tolls and penalties shall be recoverable in like manner, with costs, from the owner or person in possession of such timber, lumber or saw-logs, or product thereof, by the collector of tolls and dues, if he, with the permission of the Minister, chooses that method of collection. R.S., c. 98, s. 7. in assistance. 11. Any officer or person who seizes timber, lumber or saw- Officer seizlogs, or any product thereof, in the discharge of his duty under ing may call this Act may, in the name of His Majesty, call in any assistance necessary for securing and protecting the property so seized. R.S., c. 98, s. 8. to assist. 12. All collectors of Customs, officers of canals, and all Other officers other Government officers, when requested so to do, shall cooperate with the collector of tolls and dues and his assistants, with the view of preventing the transport of timber, lumber or saw-logs, and the products thereof, until the tolls and dues thereon are secured. R.S., c. 98, s. 9. BURDEN OF PROOF. 13. When any timber, lumber or saw-logs, or product there- Burden of of, are seized for non-payment of tolls, dues or penalties or any ment to be proof of payprosecution is brought for tolls, dues or penalties under this on owner or 665 Act, claimant. |