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thereof, and the appliances or works appurtenant thereto, built or constructed (whether before or after the passing of this Act) by any company incorporated under the authority of, or being within the jurisdiction of the Parliament of Canada, and not being a Railway Company or subject to the control of the Railway Committee of the Privy Council, under "The Railway Act, "Railway 1868." and the words "Railway Committee" mean the Rail- Committee." way Committee of the Privy Council.

given before

bridge is

opened.

3. No bridge shall be opened for public use until one month Notice to be after notice in writing of the intention to open the same has been given by the company to whom the bridge belongs, to the Railway Committee of the Privy Council, nor until ten days after notice in writing has been given by the company to the said Railway Committee, of the time when the bridge will, in the opinion of the company, be sufficiently completed for the use thereof with safety, and ready for inspection.

4. If any bridge be opened without such notice, the company Penalty for to whom the bridge belongs shall forfeit to Her Majesty the sum default. of two hundred dollars for every day during which the same continues open until the notices have been duly given and have expired.

on receipt of such-notice.

5. The Railway Committee, upon receiving such notification, Proceedings shall direct one or more of the engineers attached to or employed by the Department of Public Works, to examine the bridge proposed to be opened, and if the inspecting engineer or engineers report in writing to the Railway Committee, that in his or their opinion the opening of the same would be attended with danger to the public using the same, by reason of incomplete- If the bridge ness or insufficiency of the bridge, together with the ground of be reported such opinion, the Railway Committee, with the sanction of the Governor in Council (and so from time to time as often as such engineer or engineers after further inspection thereof so report), may order the company to whom the bridge belongs to postpone such opening for a period not exceeding one month at any one time, until it appears to the Committee that such opening may take place without danger to the public.

unsafe.

ed contrary to

6. If any bridge be opened contrary to such order of the Penalty if Railway Committee, the company to whom the bridge belongs bridge is openshall forfeit to Her Majesty the sum of two hundred dollars order. for every day during which the same continues open contrary to such order.

7. No such order shall be binding upon any bridge company Copy of report unless therewith is delivered to the company a copy of the re- to accompany port of the inspecting engineer or engineers on which the order

is founded.

order.

8. The Railway Committee, whenever they receive informa- Railway tion to the effect that any bridge is dangerous to the public Committee

may order

inspection of any bridge reported unsafe.

And may

using the same, through want of repair, insufficiency or erroneous construction, or from any other cause, or whenever circumstances arise which, in their opinion, render it expedient, may direct any such engineer or engineers as aforesaid to examine and inspect the bridge, and upon the 1eport of the engineer or engineers may condemn the bridge or any portion thereof, or any of the works or appliances connected therewith, and with the approval of the Governor in Council may require direct changes any change or alteration therein, or in any part thereof, or the substitution of a new bridge or of any portion thereof, or the use of any materials for any part of the said bridge; and thereupon the company to which such bridge belongs, or the company using or controlling the same, shall, after notice thereof in writing signed by the chairman of the Railway Committee, and countersigned by the secretary thereof, proceed to make good or remedy the defects in the bridge or portions of the bridge. which have been reported as insufficient, or shall make the change, alteration or substitution required as aforesaid by the Committee.

or repairs to be made.

Engineer

of bridge to

cease.

9. If in the opinion of the inspecting engineer it is dangerous may order use for railway trains (if the bridge be intended for the passage of such trains) or vehicles, or passengers to pass over any bridge until alterations, substitutions or repairs have been made therein, the said engineer may forthwith forbid the running of any railway train or vehicle (as the case may be) or the passage of any passenger over such bridge, by delivering or causing to be delivered to the President, Managing Director, or Secretary or Superintendent of the company owning, using or controlling such bridge, a notice in writing to that effect, and his reasons therefor, in which he shall distinctly point out the defects or the nature of the danger to be apprehended.

Engineer to
report to
Railway
Committee.

Authority to Engineer to examine bridge.

Company to

mation

10. The inspecting engineer shall forthwith report the same to the Railway Committee, who, with the sanction of the Governor in Council, may either confirm, modify or disallow the act or order of the inspecting engineer, and such confirmation, modification or disallowance shall be duly notified to the bridge company affected thereby..

11. Any engineer or engineers so appointed as authorized to inspect any bridge, may, at all reasonable times, upon producing his or their authority if required, enter upon and examine such bridge.

12. Every bridge company and the Officers and Directors furnish infor- thereof shall afford to the inspecting engineer or engineers such information as may be within their knowledge and power in all matters enquired into by him or them, and shall submit to such inspecting engineer or engineers all contracts, plans, specifications, drawings and documents relating to the construction, repair or state of repair of such bridge.

13. The authority of any such inspecting engineer or engineers Authority of shall be sufficiently evidenced by instructions in writing signed evidenced. engineers, how by the Chairman of the Railway Committee, and countersigned by the Secretary thereof.

14. No inspection had under this Act, nor anything in this Inspection not Act contained, or done or ordered or omitted to be done or to relieve comordered, under or by virtue of the provisions of this Act, shall any from liability. relieve or be construed to relieve any bridge company of or from any liability or responsibility resting upon it by law, either towards Her Majesty or towards any person, or the wife or husband, parent or child, executor or administrator, tutor or curator, heir or other personal representative of any person for anything done or omitted to be done by such company, or for any wrongful act, neglect or default, misfeasance, malfeasance or non-feasance, of such company, or in any manner or way to lessen such liability or responsibility, or in any way to weaken or diminish the liability or responsibility of any such company under the laws in force in the Province in which such liability or responsibility arises.

mittee, how

15. All orders of the Railway Committee shall be considered Orders of as sufficiently made known to the bridge company by a notice Railway Comthereof signed by the Chairman and countersigned by the Sec- notified. retary of the Committee, and delivered to the President, VicePresident, Managing Director, Secretary or Superintendent of the company, or at the office of the company, and orders of the inspecting engineer or engineers shall be deemed to be made known to the bridge company by a notice thereof signed by the engineer or engineers, and delivered as above mentioned.

dents.

16. Every bridge company shall, as soon as possible, and within Company to at least forty-eight hours after the recurrence upon the bridge be- report accilonging to such company of any accident attended with serious personal injury to any person using the same, or whereby their bridge has been broken or so damaged as to render the bridge impassable or unsafe or unfit for immediate use, give notice thereof to the Railway Committee, and if any company wilfully omits to give such notice, such company shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the omission to give the same continues.

made twice a

17. Every bridge company shall, within one month after the Return of acfirst days of January and July in each and every year, make cidents to be to the Railway Committee, under the oath of the President, year. Secretary or Superintendent of the company, a true and particular return of all accidents and casualties (whether to life or property) which have occurred on the bridge of the company during the half year next preceding each of the said periods respectively, setting forth

1. The causes and natures of such accidents and casualties;

Railway Com

mittee may prescribe form of return.

Penalty if company makes default.

Returns privileged.

2. Whether they occurred by night or by day;

3. The full extent thereof, and all the particulars of the same; and,

4. Shall also at the same time return a true copy of the existing by-laws of the company, and of their rules and regulations for the management of the company and of their bridge.

18. The Railway Committee may order and direct, from time to t me, the form in which such returns shall be made up, and may order and direct any bridge company to make up and deliver to them from time to time, in addition to the said periodical returns, returns of serious accidents occurring in the course of the public traffic upon the bridge belonging to such company, whether attended with personal injury or not, in such form and manner as the Committee deem necessary and require for their information, with a view to the public safety.

19. If such returns so verified be not delivered within the respective times herein prescribed, or within fourteen days after the same have been so required by the Committee, every company making default shall forfeit to Her Majesty the sum of one hundred dollars for every day during which the company neglects to deliver the same.

20. All such returns shall be privileged communications, and shall not be evidence in any Court whatsoever.

7. DEPARTMENT OF THE INTERIOR.

Preamble.

Department of the Interior.

36 VICT. CAP. 4.

An Act to provide for the establishment of "The
Department of the Interior."

[Assented to 3rd May, 1873.]

ER MAJESTY, by and with the advice and consent of the follows::

1. There shall be a Department of the Civil Service of Canada to be called the "Department of the Interior," over which the

Minister of the Interior, for the time being, appointed by the
Governor General, by Commission under the Great Seal of
Canada, shall preside; and he shall hold office during pleasure,
and shall have the management of the Department of the
Interior.

2. The Minister of the Interior shall have the control and Minister to management of the affairs of the North West Territories.

manage the North West Territories.

3. The Minister of the Interior shall be the Superintendent The Indians in General of Indian affairs, and shall, as such, have the control Canada. and management of the lands and property of the Indians in Canada.

4. The Minister of the Interior shall have the control and The Ordnance

lic Lands.

management of all Crown Lands being the property of the and other PubDominion, including those known as Ordnance and Admiralty Lands, and all other public lands not specially under the control of the Public Works Department, or of that of Militia and Defence (and excepting also Marine Hospitals and Light Houses Exception. and land connected therewith, and St. Paul's, Sable and Portage Islands), and he is hereby substituted for the former Commis- Substituted for sioner of Crown Lands, as regards Ordnance and Admiralty missioner, Lands transferred to the late Province of Canada, and lying in Ontario and Quebec.

former Com

State of

5. The Minister of the Interior is hereby substituted for the And for the Secretary of State of Canada in all the powers, attributes, func- Secretary of tions, restrictions and duties laid down and prescribed in the Canada in the "Dominion Lands Act, 1872;" and wherever the words "Secre- casos named. tary of State" are used in that Act, the words "Minister of the Interior" shall be deemed to be substituted therefor; and wherever the words "Lepartment of the Secretary of State" used, the words "Department of the Interior" shall be deemed to be substituted therefor; and all the provisions of the said Act shall be and continue obligatory upon the Minister of the Interior; and all the officers appointed under the said Act shall become and continue to be officers of the Department of the Interior.

are

Minister of

6. The Governor may appoint, and at his pleasure remove, a Deputy of the Deputy of the Minister of the Interior," who shall be charged, the Interior. under the Minister of the Interior, with the performance of the Departmental duties of the Minister of the Interior, and with His duties. the control and management of the Officers, Agents, Clerks and Servants of the Department, and with such other powers and duties as may be assigned to him by the Minister of the Interior;

31 Vict. c. 34,

and the fourteenth section of "The Canada Civil Service Act, Application of 1868," shall apply to the Deputy of the Minister of the Interior, to such as if the Department of the Interior were mentioned in schedule Deputy. A to that Act; and t e words "Deputy of the Minister of the Interior" shall be deemed to be substituted for the words "Under Secretary of State for the Provinces " in that Schedule.

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