Section 8 of R.S. C., c. 95, amended. Use of nets paratus. CHAP. 24. An Act to amend "The Fisheries Act," chapter ninetyfive of the Revised Statutes. [Assented to 2nd May, 1889.] HER Majesty, by and with the advice and consent of the follows: 1. Sub-section five of section eight of "The Fisheries Act" is hereby repealed and the following substituted therefor:"5. The use of nets or other apparatus for the capture of and other ap- salmon shall be confined to tidal waters, and any fishery officer may determine the length and place of each net or other apparatus used in any of the waters of Canada: Provided, that no one shall fish for or catch salmon with swing nets in any of the waters of Canada." No swing nets. OTTAWA: Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most CHAP. 25. An Act to amend the Revised Statute respecting the HE [Assented to 2nd May, 1889.] ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. Section nine of chapter forty-five of the Revised Statutes R.S.C., c. 45 of Canada, intituled "An Act respecting the North-West s. 9, repealed; Mounted Police Force," is hereby repealed and the following sion. substituted therefor: new provi "9. The commissioner and the assistant commissioner Powers of the force. shall, respectively, have all the powers of two justices of members of the peace under this or any Act in force in the North-West Territories; and the superintendents, and such other officers as the Governor in Council approves, shall be ex officio justices of the peace; and every constable of the force shall be a constable in and for the whole of the North- In the N.-W. Territories. West Territories, for carrying out any laws or ordinances in force therein; and every such commissioner, assistant commissioner, superintendent or other officer is hereby further empowered to exercise, in any Province of Canada, adjacent Elsewhere in to the said Territories, and every constable in every Province of Canada, for the purpose of carrying out the criminal and other laws of Canada, like powers and to perform like duties. as are in this section assigned to him in respect of the North-West Territories." Canada. of s. 13 toxicants. 2. Sub-section one of section thirteen of the said Act is Sub-section I hereby amended by adding the following at the end of the amended. paragraph thereof lettered (d.): "but it shall not be necessary in order to a constable's lawful entry into or search of Entry and any place in this sub-section mentioned, or to his right of search for inseizure and destruction of such liquors or intoxicating drink as aforesaid, that he should before such entry or such seizure see any such liquor or intoxicating drink, or have any visible indication or evidence that liquor of any kind may be contained in or about the premises: Section 24 amended. Desertion, out leave, refusal to do duty. 3. Sub-section one of section twenty-four of the said Act is hereby repealed and the following substituted therefor :24. Every member of the force who, having deserted, absence with absented himself from his duties without leave, or refused to do duty therein, is found in any part of Canada other than the North-West Territories, whether the term for which he engaged to serve has or has not expired at the time of his being so found, shall, on conviction thereof, be liable to a fine not exceeding two hundred dollars and not less than one hundred dollars, and in default of payment of such fine to imprisonment for a term of six months, unless such fine is sooner paid, or to imprisonment with hard labor for a term not exceeding twelve months and not less than six months, or to both fine and imprisonment; or he may Offender may be delivered into the custody of a member of the force and be taken back taken back in custody to the headquarters thereof to be to head quar- dealt with in accordance with the provisions of section. eighteen of this Act." Penalty. ters. Section 24 further amended. Persuading to desert. Aiding in deserting. Assisting deserter Penalty. Section 25 amended. When com plaint or information 4. The said section twenty-four is hereby further amended by adding the following sub-section thereto :"3. Every person who "(a.) Persuades any man, who is a member of or who has engaged to serve in the force, to desert, or attempts to procure or persuade any such man to desert; or "(b.) Knowing that any such man is about to desert, aids or assists him in deserting; or "(c.) Knowing that any such man is a deserter, conceals such man, or aids or assists him in concealing himself, or aids or assists in his rescue, Shall, on summary conviction, be liable to imprison ment with or without hard labor, for a term not exceeding six months." 5. Section twenty-five of the said Act is hereby amended by adding the following words at the end thereof: "except that any complaint may be made or information laid and proceedings may be had thereon at any time during the period may be laid. of the engagement of such offender and for twelve months thereafter. and if such offender has left Canada after the offence and within either of the said periods, then for twelve months after his return." Expiration of term of service not to 6. Whenever a member of the force has been sentenced to imprisonment for any offence for which sentence of imabridge imprisonment may be adjudged under the Act hereby amended prisonment. or under this Act, such term of imprisonment shall not be deemed to be abridged or to cease in consequence of the expiry, pending such term of imprisonment, of the term during which the offender had engaged to serve in the force OTTAWA Printed by BROWN CHAMBERLIN, Law Printer to the Queen's Most Excellent Majesty. CHAP. 26. An Act to authorize the granting of Pensions to members of the North-West Mounted Police Force. [Assented to 2nd May, 1889.] HE ER Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. This Act may be cited as "The Mounted Police Pension Short title. Act, 1889." 2. In this Act: (a.) he expression "constable means and includes any member of the North-West Mounted Police Force other than a commissioned officer; (b.) The expression "the force" means the North-West Mounted Police Force. Interpretation. who shall be 3. Subject to the provisions of this Act, every constable Constables who became a member of the force on or after the twenty- entitled to third day of May, one thousand eight hundred and seventy- pensions. three, or who becomes a member of the force after the passing of this Act, (a.) If he has completed not less than twenty-five years' For service. service, shall be entitled to retire and receive a pension for life; and (b.) If he has completed not less than fifteen years' ser- For service vice, and is incapacitated for the performance of his duty and infirmity. by infirmity of mind or body, shall be entitled to retire and receive a pension for life; But any constable who receives a pension under this Return to section before he has completed twenty-five years' service service. shall be subject to return to service, as provided by this Act, if he ceases to be incapacitated. 4. The pension to a constable on retirement shall be Scale of penaccording to the following scale; that is to say : sions. Computation of time of service. sion. (a.) If he has completed fifteen but less than twenty-one years' service, an annual sum equal to one-fiftieth of his annual pay for every completed year of service; (b.) If he has completed twenty-one but less than twentyfive years' service, an annual sum equal to twenty-fiftieths of his annual pay with an addition of two-fiftieths of his annual pay for every completed year of service above twenty years; (c) If he has completed twenty-five years service, an annual sum equal to thirty-fiftieths of his annual pay with an addition of one-fiftieth of his annual pay for every completed year of service above twenty-five years, so, however, that the pension shall not exceed two-thirds of his annual pay at his retirement. 5. For the purpose of estimating any pension under this Act: (a.) If the service has not been continuous, the period or periods during which such service has been interrupted shall not be counted; (b.) The annual pay of a constable at the date of retirement shall be deemed to be the average annual amount of pay, exclusive of extra pay or allowances, received by him during the three years next preceding such retirement, and not the annual amount actually received by him at that date. Report and 6. No pension shall be granted to any constable unless a certificate jus- board composed of three officers, the rank of one of whom tifying penshall be not less than that of Superintendent, has certified to his length of service and conduct, and that other evidence has been adduced before it which justifies the granting of a pension under this Act. Constable may be required to retire. medical board. 7. When any constable who became a member of the force on or after the twenty-third day of May, one thousand eight hundred and seventy-three, or who becomes a member of the force after the passing of this Act, has completed a service of twenty-five years, the Commissioner may, with the approval of the Governor in Council, require him to retire upon the terms as to pension prescribed by this Act. Certificate of S. Before a pension is granted to a constable, who after having served for less than twenty-five years, retires on the ground of his being incapacitated by infirmity of mind or body for the discharge of his duty, a medical board composed of the senior surgeon of the force and two other legally qualified medical practitioners shall certify that such constable is so incapacitated, and that the incapacity is likely to be permanent; and afterwards, until the power under this Act of requiring the constable to serve again ceases, he shall, when required, furnish satisfactory evidence certified |