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Marginal note:Remuneration of Port Wardens and deputies and office expenses to be fixed by Board of Trade and paid out of receipts; Security to be given by Port Warden and deputies

29 The Council of the Board of Trade shall fix the remuneration of the Port Warden and that of his Deputies, and his expenses of office or otherwise, out of the receipts of his office, as it may, from time to time, determine; and for any period during which the Port Warden may be paid by salary, the balance, if any, which may appear by his certified annual return to be in his hands, over and above his salary, that of his Deputies and his expenses of office, shall be forthwith paid by the said Port Warden to such person as the Council of the Board of Trade shall depute to receive the same; and the said Port Warden and his Deputies, when required so to do, shall furnish such securities for the faithful performance of the duties of their respective offices as the Council of the said Board of Trade shall deem adequate.

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Marginal note:Council of Board of Trade to appoint Examiners of candidates for office; Appointment of Port Warden; And of deputies

3 The Council of the Board of Trade at Montreal shall annually appoint five persons, who shall constitute a Board of Examiners, who shall examine all candidates for the offices of Port Warden and Deputy Port Warden, when any appointment to either office requires to be made, and shall report the result of such examination to the said council, whereupon the said council, acting for and on behalf of the Board of Trade at Montreal shall recommend to the Governor in Council, for appointment to the office of Port Warden of Montreal, one of such persons as shall be reported by the said Board of Examiners as being a fit and proper person to be such Port Warden; and thereupon such person may be appointed to the said office by the Governor: and the Council of the Board of Trade shall appoint to the office of Deputy Port Warden such person or persons, from among those reported by the said Board of Examiners as being fit and proper persons for the said office, as the said council shall deem expedient.

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Marginal note:Appeals from decisions of Port Warden; Proceedings; Costs

27 If any person interested is dissatisfied with any decision of the Port Warden (except in cases of arbitration), such party may appeal to the Board of Trade, by addressing and delivering to the Secretary of the Board of Trade a statement in writing of the matter complained of; and thereupon it shall be the duty of such secretary forthwith to summon a meeting of the said Board of Examiners, who, or not less than three of them, shall immediately investigate the matter complained of, and, after hearing the parties, their determination, or that of a majority of them, made in writing, shall be final and conclusive. The party against whom the examiners shall decide shall pay all the expenses of such appeal, and the examiners shall determine the amount thereof.

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6 The person so appointed to be Port Warden shall, before acting as such, take and subscribe the following oath of office, before some Justice of the Peace for the District of Montreal, who is hereby empowered to administer the same:

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And after taking and subscribing the said oath of office he shall deposit the same with the Secretary of the Board of Trade, who shall be the custodian thereof. And each Deputy Port Warden, upon his appointment, shall take and subscribe, before a Justice of the Peace, a similar oath, and shall likewise deposit the same with the Secretary of the Board of Trade.

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Marginal note:By-laws for regulation of office, how to be made and confirmed; Proof thereof

5 The Board of Examiners shall make by-laws, rules and regulations for regulating the office of Port Warden and the performance of his duties, and of those of the Deputy Port Wardens; and may, from time to time, repeal and amend such by-laws, rules and regulations: but the same shall have no force or effect until approved by the Council of the Board of Trade, — which shall have the right to confirm the same, either with or without amendment; and a copy of such by-laws, rules and regulations certified by the Secretary of the Board of Trade, shall be primâ facie evidence in all courts in Canada that the same were duly passed and are in force.

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