Penalties. so carried shall be forfeited, as smuggled; and such ship or vessel may be detained by the collector of customs, at any port or place to which such goods or passengers are brought, until such penalty is paid, or security for the payment thereof given to his satisfaction, and until such goods are delivered up R. S. C., c. 32. to him, to be dealt with as goods forfeited under the provisions of The Customs Act. Foreign steamers not to tow adian ports, 4. The master of any steam vessel, not being a British ship, engaged, or having been engaged, in towing any ship, vessel between Can- or raft, from one port or place in Canada to another, except in except in case case of distress, shall incur a penalty of four hundred dollars; and such steam vessel may be detained by the collector of customs at any port or place to or in which such ship, vessel or raft is towed, until such penalty is paid. of distress. Penalty. Recovery, and enforcement of penalties. 5. Penalties and forfeitures under this Act may be recovered and enforced in the manner provided by The Customs Act, with respect to penalties and forfeitures incurred under it, and as if imposed by it; and this Act shall accordingly be conConstruction strued with reference to the said Act, and as forming one Act with it, and all words and expressions in this Act shall have the same meaning as the like words and expressions in the said Act. of Act. Ships of certain countries may be exempted. As to foreign ed by treaty. 6. The Governor in Council may, from time to time, declare that the foregoing provisions of this Act shall not apply to the ships or vessels of any foreign country in which British ships are admitted to the coasting trade of such country, and to carry goods and passengers from one port or place to another in such country. 7. Where by treaty made before the passing of "The Merships privileg chant Shipping (Colonial) Act, 1869," (that is to say before the thirteenth day of May, eighteen hundred and sixty-nine,) Her late Majesty, Queen Victoria, agreed to grant to any ships of any foreign state any rights or privileges in respect of the coasting trade of Canada, those rights and privileges shall be enjoyed by those ships for so long as Her late Majesty agreed, or His Majesty the King may hereafter agree, to grant them. Repeal of 8. Chapter 83 of the Revised Statutes is repealed. 9. This Act shall not come into force until His Majesty's pleasure thereon has been signified by publication in The Canada Gazette. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. CHAP. 8. An Act to amend the Exchequer Court Act. [Assented to 15th May, 1902.] HIS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 8. 9 amended. 1. Section 9 of chapter 16 of the statutes of 1887 is repealed, 1887, c. 16, and the following is substituted therefor "9. The Governor in Council may, by an instrument under Registrar may the Great Seal, appoint a fit and proper person, being a barris- be appointed. ter of at least five years' standing, to be the registrar of the Exchequer Court, and such registrar shall hold office during pleasure, shall reside and keep an office at the city of Ottawa, and shall be paid a salary of two thousand four hundred dollars per annum; and the Governor in Council may, from Other officers. time to time, appoint such other clerks, stenographers and servants of the Exchequer Court, as are necessary, all of whom shall hold office during pleasure and shall be paid such salaries as the Governor in Council determines. amended. 2. The section substituted for section 51 of the said Act by Section 51 section 1 of chapter 35 of the statutes of 1890 is amended by inserting after the word "judgment" in the fourth line of the said section, the words "or with any judgment upon any demurrer." defendant court. 3. When a defendant, whether a British subject or a Service on foreigner, is out of the jurisdiction of the Exchequer Court of beyond jurisCanada and whether in His Majesty's dominions or in a foreign diction of country, then, upon application, supported by affidavit or other evidence, stating that, in the belief of the deponent, the plaintiff has a good cause of action, and showing in what place or country such defendant is or probably may be found, the court or a judge may order that a notice of the information, petition of right, or statement of claim be served on the defendant in such place or country or within such limits as the court or a judge thinks fit to direct. Limitation of time. Power of court after service. Appeal in certain cases does not exceed $500. 2. The order shall in such case limit a time, depending on the place of service, within which the defendant is to file his statement in defence, plea, answer, exception or demurrer, or otherwise make his defence, according to the practice applicable to the particular case, or obtain from the court or a judge further time to do so 3. Upon service being effected as authorized by the order, the court shall have jurisdiction to proceed and adjudicate in the cause or matter to all intents and purposes in the same manner, to the same extent, and with the like effect as if the defendant had been duly served within the jurisdiction of the court. 4. Notwithstanding anything contained in section 51 (as when amount enacted by section 1 of chapter 35 of the statutes of 1890) or section 52 of The Exchequer Court Act, where the Crown is a party to any action, suit, cause, matter or other judicial proceeding in which the actual amount in controversy does not exceed five hundred dollars, an appeal shall lie on behalf of the Crown from any final judgment given therein by the Exchequer Court, if such final judgment or the principle affirmed thereby affects or is likely to affect any case or class of cases then pending or likely to be instituted wherein the aggregate amount claimed or to be claimed exceeds or will probably exceed five hundred dollars, or if, in the opinion of the Attorney General of Canada, certified in writing, the principle affirmed by the decision is of general public importance; provided that, in any such case an appeal shall not lie unless it is allowed by a judge of the Supreme Court, who may, in allowing such appeal, impose such terms as to costs and otherwise as he thinks the justice of the case requires. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. H1 CHAP. 9. An Act further to amend the Canada Evidence Act, 1893. [Assented to 15th May, 1902.] [IS Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Canada Evidence Act, 1893, is amended by inserting, 1893, c. 31, after section 6 thereof, the following section :— section added. witnesses "6A. Where, in any trial or other proceeding, criminal or Right to call civil, it is intended by the prosecution or the defence, or by expert any party, to examine as witnesses professional or other experts limited. entitled according to the law or practice to give opinion evidence, not more than five of such witnesses may be called upon either side without the leave of the court or judge or person presiding, such leave to be applied for before the examination of any of the experts who may be examined without such leave." OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty. |