1. The Harbour of Quebec shall, for the purposes of this Act, Harbour of comprise that part of the river St. Lawrence which lies be- Quebec, detween a line drawn from the west side of the mouth of the river fined. Cap Rouge, to the west side of the mouth of the river Chaudière, and a line drawn from the east side of the mouth of the river Montmorency, to the east side of the Cove called Indian Cove, on the south side of the said river St. Lawrence, together with that part of each of the said rivers Cap Rouge, Chaudière and Montmorency, and of the rivers St. Charles, Etchemin and Beauport, where the tide ebbs and flows.

in the Har

2. All land below the line of high water on the north side of Certain Crown the River St. Lawrence within the said limits, now belonging property, &c., to Her Majesty, whether the same be or be not covered bour vested with water, the moneys arising from which are not by in trust. law appropriated or directed to be applied exclusively to any other purpose, together with all rents and sums of money now due or hereafter to become due to Her Majesty, and not already by law appropriated or directed to be applied exclusively to any other purpose, either for interest or principal, or in any other way, in respect of any land below the line of high water within said limits heretofore granted by Her Majesty, whether the same be or be not covered with water, shall be vested in the Corporation hereinafter mentioned, in trust for the purposes of this Act: Provided always that every Riparian Proviso: savand other proprietor of a deep water pier, or any other pro- ing rights of perty within the said boundaries, shall continue to use and proprietors. enjoy his property and mooring berths in front thereof, as he now uses the same, until the said Corporation shall have acquired the right, title and interest which any such proprietor may lawfully have in and to any beach property or water lot within the said boundaries; nor shall the rights of any person be abrogated or diminished by this Act in any manner whatever And provided also, that nothing herein contained shall Proviso: savin any way affect the lands or any parts of the lands constitut- ing Jesuits ing the estate of the late Order of Jesuits, appropriated to Educational purposes by the Act nineteenth and twentieth Victoria, chapter fifty-four.

Estates.

3. It shall be lawful for the Governor, by an Instrument Commissiounder the Great Seal of this Province, to constitute and appoint ners of the three persons to be, together with the Mayor of the City Harbour to be appointed and of Quebec, for the time being, and the President of the Quebec to be a CorpoBoard of Trade for the time being, Commissioners for the im- ration.. provement and management of the Harbour of Quebec, and from time to time to remove such persons or any or either of them, and to appoint others to be the successors of such as shall be removed or shall die, or resign their trust; and such Commissioners and the Survivor or Survivors of them, and their Successors so from time to time constituted and appointed as aforesaid, together with the Mayor of the City of Quebec for the time being, and the President of the Quebec Board of Trade for the

Corporate name and powers.

time being, or during his absence from the Province, the VicePresident of the Quebec Board of Trade, shall be and are hereby declared to be a body Corporate and Politic in deed and in name by the name of the "Quebec Harbour Commissioners," with power to purchase and acquire, have, hold, enjoy, possess and retain immoveable property for the purposes of this Act, and to build or acquire, hold and possess such Steamboats, Dredges, Scows and other Vessels as they may deem necessary for the efficient discharge of their duties under this Act, and to take out Registers for such Vessels in their corporate name and capacity, and to dispose of the same, as well as of the said immoveable property, as often as they may see fit to do so, and to do all other things necessary to carry out the provisions of this Act Proviso: no according to their true intent and spirit; Provided always, that no such Commissioner or Secretary of the Corporation shall at any time be the owner of, or have personally any or secretary. direct interest in any property which it will be necessary to acquire for the purposes of this Act;-if he be such owner or has such interest, he shall cease to be a Commissioner or officer (as the case may be)-and if the Mayor of the City of Quebec, or the President of the Board of Trade should at any time be such owner or should have such interest, it shall be the duty of the Corporation of the City of Quebec, or of the Board of Trade, as the case may require, to choose from among its members a person not being such owner and not having such interest, to be such Commissioner; or if either of the three Commissioners appointed by the Governor is such owner or has such interest, it shall be lawful for the Governor to appoint in his stead some other person not being so disqualified.

interested party to be commissioner

Power to

for certain

purposes.

4. The said Corporation of the Quebec Harbour Commake By-laws missioners shall, for the purposes of this Act, have power and authority to make By-laws, not repugnant to the laws of this Province or to the provisions of this Act, and to impose penalties under the same, not exceeding twenty dollars currency or sixty days' imprisonment, against all persons who may infringe the same, and to revoke, alter and amend such By-laws as often as they may deem the same expedient; and By-laws made for any of the following purposes shall be held and deemed to be made for the purposes of this Act, that is to say:

Servants and property.

Encroachments.

Ballast.

Collection of dues, &c.

1. The direction, conduct and government of the said Corporation, and of its officers and servants, and the management and improvement of its property, real and personal;

2. The prevention of injury to the property of the Corporation, and encroachment and incumbrances thereon, and the removal of the same; and also to prescribe where all vessels entering and loading at the Harbour of Quebec shall discharge their ballast;

3. The collection of all dues and penalties imposed by or under the authority of this Act;

4. And finally the doing of any thing necessary to carry Carrying out out the provisions of this Act according to their intent and this Act. spirit;

5. Provided always, that no By-law made by the said Cor- Proviso: Byporation, shall have any force or effect until after it has been laws to be sanctioned by the Governor and published in the Canada published.

Gazette;

6. And provided also, that the improvements to be made Proviso: imunder this Act, and the property which may be acquired there- provements to be on north under, shall be made or acquired on the north side of the River side only. St. Lawrence, only.

5. Copies of any such By-laws certified by the Secretary Certified under the seal of the said Corporation, shall be admitted as copies to be full and sufficient evidence of the same in all Courts of Law evidence. and Equity in Canada.

tary-Trea

tion.

6. It shall be lawful for the Governor from time to time Appointment to appoint one of the said Commissioners to be Chairman of the of Chairman, said Corporation, and to allow such Chairman such compen- and of Secresation or salary as may be deemed fitting; and the said Cor- surer, and poration shall appoint a Secretary-Treasurer thereto, and shall other officers fix his compensation, and shall require and take from such of CorporaSecretary-Treasurer such security for the due and faithful per formance of his duties as may be deemed necessary; And all such other officers, assistants and servants as may be required by the said Corporation for the purposes of this Act, shall be appointed by the said Corporation, who shall allow them such compensation or salaries as may be necessary; Provided Proviso. always that such Secretary-Treasurer and such compensation shall be approved of by the Governor General.

7. The members, officers and servants of the said Cor- Members &c., poration shall be exempt from serving on any Juries or Inquest of Corporation whatsoever, or as Assessors or Constables.

exempt as Jurors, &c.

for works in the Harbour

8. For the purpose of purchasing wharves and extending Power to and improving the same, and constructing other accommodation borrow money for vessels in the said Harbour, or for any or either of the said purposes, it shall be lawful for the said corporation to borrow, in such sums and for such number of years and at such rates of interest, not exceeding eight per cent per annum, as may be found expedient, any sum or sums of money not exceeding in the whole the sum of three hundred thousand pounds sterling at par, in sterling or in currency, and either in this Province or elsewhere, and to expend the same in such purchases and works in the said Harbour, in the manner deemed by them to be best calculated to promote the commerce and interests of the Port of Quebec; And the said Corporation is hereby And to issue authorized to issue under the hands of three of the said debentures.

Commissioners,

Interest to be

venue of Harbour.

Commissioners, and the seal of the Corporation, debentures or bonds, to be countersigned by the Secretary of the said Corporation, for the sum or sums so to be borrowed, and to make the same payable, at such time and times as may be agreed on, to the bearer thereof either within this Province, or at any place or places without this Province, and either in Currency or in Sterling, with interest payable semi-annually, and with coupons for such interest annexed and signed by one of said Harbour Commissioners, and countersigned by the said Secretary, which coupons shall be payable to bearer at the time when the said interest shall be made payable; and such debentures or bonds may be recalled and other debentures or bonds issued in their stead as aforesaid, with coupons; and -the said sum and sums so borrowed shall be paid out of the revenues of the Harbour.

9. The interest upon the sums of money which may be paid out of re- borrowed under the next preceding section, shall be paid out of the revenue arising from the dues, tolls, duties, rates and penalties imposed by or under this Act for and on account of the said Harbour; and the lawful charges upon the said revenue shall be as follows and in the following order, that is to say:

Order of char

1. The payment of all expenses incurred in the collection of ges on revenue the same, and other indispensable charges;

of Harbour.

Defraying of expenses.

Payment of interest.

Sinking fund.

Certain ac

counts to be

kept.

2. The defraying of the expenses attendant on keeping the wharves and other works and property of the Corporation of the Harbour, in a thorough state of repair;

3. The payment of interest due on all sums of money borrowed under this Act without priority or preference;

4. The paying-off of the principal of temporary loans; and for this purpose the said Corporation is hereby required to set apart yearly two per cent. on the amount of such loans, as a sinking fund, to secure the liquidation thereof.

10. The said Commissioners shall keep separate accounts of all moneys borrowed, received and expended by them under the authority of this Act, and shall account for the same annually to the Governor, in such manner and form as he may No Provincial see fit to direct; but the Provincial Guarantee shall not be given for the payment of either principal or interest of any sum borrowed under this Act, nor shall the Province be in any way responsible therefor.

Guarantee.

Corporations, 11. All Corporations and persons whatever, and all grevés &c., empow- de substitution, Tutors, Curators, Executors and Administrators, ered to sell to and all other trustees whatsoever, not only for and on behalf of missioners. themselves, their heirs and successors, but also for and on behalf of those whom they represent, whether infants, issue

Harbour Com

unborn,

unborn, lunatics, idiots or other persons, who are seized or possessed of or interested in any wharf or other immoveable property required by the said Commissioners for the purposes of this Act, may sell and convey unto the said Commissioners all or any part thereof; and any contract, agreement, sale or conveyance made in pursuance of the power hereby given shall be valid and effectual, any law, statute, usage or custom to the contrary notwithstanding; and such Corporation or person so conveying as aforesaid is hereby indemnified for what it or he may respectively do by virtue or in pursuance of this Act.

who cannot

annual rents.

12. All Corporations or persons owning any wharf or other Corporations immoveable property, required by the said Commissioners for or persons the purposes of this Act, who cannot in common course of law receive prinsell or alienate the same, shall exact a fixed annual rent as an cipal sums to equivalent for the same instead of a principal sum; and if the sell for fixed amount of the rent be not fixed by voluntary agreement or compromise, it shall be fixed in the manner hereinafter prescribed; and all proceedings shall in that case be regulated as hereinafter prescribed; and for the payment of any such annual rent or of any other annual rent agreed upon or ascertained and to be paid for the purchase of any wharf or other immoveable property, required by the said Commissioners for the purposes of this Act, or for any part of the purchase money of any such wharf or other immoveable property which the vendor shall agree to leave unpaid, such wharf or other immoveable property shall be and is hereby made liable and chargeable in preference to all other claims and demands thereon whatsoever, the deed creating such charge and liability being duly registered in the Registry Office for the Registration Deeds to be Division of Quebec; And every such Deed shall be so registered by registered at full length at the diligence, costs and charges of sioners. the said Commissioners.

the Commis

mutual

agreement.

13. Whenever the said Commissioners cannot agree with Mode of setthe proprietor or proprietors, or some one or more of them as tling price of aforesaid, of any wharf or other real property required by them lands &c., in for the purposes of this Act, as to the amount of the price or being able to annual or other rent to be paid for the same, such amount settle it by shall be determined as follows: the said Commissioners and the proprietor or proprietors shall each appoint a disinterested Arbitrator, and the two Arbitrators shall name a third, also disinterested, and the three Arbitrators, after being sworn by or before any Judge or Justice of the Peace to fulfil their duty honestly and impartially, and having given each other notice of the time and place of their meeting, shall determine such amount, and their decision or that of any two of them shall be final; And if such pro- Arbitration prietor or proprietors, after being notified and thereunto required by the Commissioners, refuse or neglect to appoint an Arbitrator as aforesaid, or if the two Arbitrators appointed by the two parties interested or by the Commissioners and the Judge aforesaid, do not agree upon a third Arbitrator, then one of the Judges of

and award.

the