work as aforesaid, and all the powers, privileges and duties thereby vested in or assigned to the Minister of Public Works, may be exercised by the said Minister in relation to any and every such work or property, subject always to the exceptions made in the said tenth section of the said Act, and without prejudice to the power of the Governor by proclamation under the eleventh section. of the said Act, to declare any work to be under the control and management of the said Minister; provided that this Act shall not apply to any work for which money has been appropriated as a subsidy only. Proviso. W CAP. XXV. An Act respecting Bridges. [Assented to 14th June, 1872] HEREAS it is expedient to extend to the inspection of Preamble. The Railway Act, 1868," as to inspection of Railways :-Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The Railway Committee of the Privy Council, constituted Duties and by the twenty-third section of "The Railway Act, 1868," shall powers of Railway have the powers and perform the duties assigned to them by this Committee. Act. 66 2. This Act shall extend to, and the word "Bridge" herein, Interpretation shall mean and include any bridge or bridges, and the approaches "Bridge," 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, 1868," and the words "Railway Committee," mean the Railway Committee Railway of the Privy Council. Committee." 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 before bridge is given by the company to whom the bridge belongs, to the Railway opened. 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, Penalty for default. Proceedings on receipt of such notice. 4. If any bridge be opened without such notice, the company to whom the bridge belongs shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the same continues open until the notices have been duly given and have expired. 5. The Railway Committee upon receiving such notification, 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 If the bridge to the public using the same, by reason of incompleteness or insufficiency of the bridge, together with the ground of 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. be reported unsafe. Penalty if order. 6. If any bridge be opened contrary to such order of the Railbridge is open way Committee, the company to whom the bridge belongs shall forfeit to Her Majesty the sum of two hundred dollars for every day during which the same continues open contrary to such order. 7. No such order shall be binding upon any bridge company to accompany unless therewith is delivered to the company a copy of the report of the inspecting engineer or engineers on which the order is founded. Copy of report order. Railway Committee may order inspection of any bridge reported ungafe. 8. The Railway Committce whenever they receive information to the effect that any bridge is dangerous to the public 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 report 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 any change or alteration therein direct changes or in any part thereof, or the substitution of a new bridge or of And may or repairs to be made. 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 thereor, 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. of bridge to cease. 9. If in the opinion of the inspecting engineer it is dangerous Engineer for railway trains (if the bridge be intended for the passage of may order use 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. 10. The inspecting engineer shall forthwith report the same Engineer to to the Railway Committee, who with the sanction of the Governor report to Railway in Council, may either confirm, modify or disallow the act or order Committee. 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 Authority to Engineer to inspect any bridge, may, at all reasonable times, upon producing examine his or their authority if required, enter upon and examine such bridge. bridge. furnish infor 12. Every bridge company and the Officers and Directors Company to thereof shall afford to the inspecting engineer or engineers such mation. 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. evidenced. 13. The authority of any such inspecting engineer or engineers Authority of shall be sufficiently evidenced by instructions in writing signed by engineers, how the Chairman of the Railway Committee, and countersigned by the Secretary thereof. to relieve com pany from 14. No inspection had under this Act, nor anything in this Act Inspection not contained, or done or ordered or omitted to be done or ordered under or by virtue of the provisions of this Act, shall relieve or be con- liability. strued 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 any thing 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. Orders of Railway Committee, how notified. Company to report accidents. Return of accidents to a year. 15. All orders of the Railway Committee shall be considered as sufficiently made known to the bridge company by a notice thereof signed by the Chairman and countersigned by the Secretary 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. 16. Every bridge company shall, as soon as possible, and within at least forty-eight hours after the recurrence upon the bridge belonging 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 usc, 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. 17. Every bridge company shall, within one month after the be made twice first days of January and July, in each and every year, make to the Railway Committee under the oath of the President, 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; 2. Whether they occurred by night or by day; Railway Committee may prescribe form of return. Penalty if company makes default. 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. may 18. The Railway Committee may order and direct from time to time, the form in which such returns shall be made and up, 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 pany 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 Returns shall not be evidence in any Court whatsoever. privileged. CAP. XXVI. An Act respecting Patents of Invention. [Assented to 14th June, 1872.] HER MAJESTY, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: PATENT OFFICE CONSTITUTED. be Commis Invention. 1. There shall be attached to the Department of Agriculture, Minister of as a branch thereof, an office to be called the Patent Office; and Agriculture to the Minister of Agriculture for the time being shall be the Com- sioner of missioner of Patents; and it shall be the duty of the said Com- Patents of missioner to receive all applications, fees, papers, documents and models for patents, and to perform all acts and things requisite to the granting and issuing of patents of invention; and he shall have the charge and custody of the books, records, papers, models, machines and other things belonging to the said Office. received in 2. The Commissioner shall cause a seal to be made for the Seal to be made and purposes of this Act, and may cause to be sealed therewith patents impressions and other instruments and copies proceeding from the Patent thereof to be Office; and all Courts, Judges, and other persons whomsoever evidence. shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evidence, without further proof and without production of the originals, copies or extracts certified under the seal of the said office to be copies of or extracts from documents deposited in such office. to make rules. 3. The Commissioner may, from time to time, subject to the Commissioner approval of the Governor in Council, make such rules and regulations, and prescribe such forms, as may appear to him necessary and expedient for the purposes of this Act, and notice thereof shall Publication be given in the Canada Gazette; and all documents, executed in and effect. conformity with the same and accepted by the Commissioner, shall be held valid so far as relating to proceedings in the Patent Office. |