Alphabetical lists of names to be kept. Order of entry. Commission may be declar- 3. The Secretary of State of Canada shall keep separate alphabetical lists of the names of the principals and of the names of the sureties mentioned in such bonds or securities, with reference to the book, page or number where the bonds or securities containing such names are to be found, and shall enter and register the said bonds or securities in the same order of time in which they respectively come to his hands. 5. If any person, who by reason of his appointment to or holding any such civil office or employment or commission in any public department, or of public trust as aforesaid, or who by reason of being concerned in the collection, receipt, disbursement or expenditure of any public money as aforesaid, is required or bound to give any such security, or to register and deposit any such bond or security as aforesaid, neglects to give such security, or to cause such bond or security to be duly registered and deposited in the manner and within the period in this Act prescribed, he shall be liable to forfeit the appointment, office, employment or commission, in respect whereof such security ought to have been given; and such bond or security, registered and deposited as aforesaid, and his appointment or commission shall be void, from and after the time Avoidance not when the Governor declares the same to be avoided under this to annul acts Act; but such avoidance shall not annul or make void any act or order or other matter or thing done by such person during the time he actually held such appointment, office, employ done. Exceptions. bond, &c., ment or commission: 2. No such forfeiture shall take place by reason of any such Case of loss of bond or security, not being registered or deposited, where the proper sureties have been given and the proper bond made out, and when the failure of registry and deposit have arisen from the loss of such bond or security in the transmission thereof from a distance; but in every such case, a new bond or security, specifying the reason of such delay, shall be made out and signed, registered and deposited, within the like period after the person giving such security receives notice of the loss (regard being had to the place where he then is), as is required by this Act, for the registry thereof if such loss had not occurred. New Bond. Notice to be &c., of surety. 6. Every such person as aforesaid, who has given any bond given of death, or other security, with surety or sureties for the due execution of the trust reposed in him, or for duly accounting for public moneys coming to his hands, shall give notice, in writing, to the Secretary of State of Canada, or to the principal officer or person of the Department to which he belongs, of the death, bankruptcy, insolvency, or residence out of Canada, of any surety or person bound for or with him in any such security; Delay for giving notice. 2. Such notice shall be given within one month after the fact comes to the knowledge of such person as aforesaid, if he then is or resides in Canada, or within three months if he be out of Canada, (unless he sooner arrives in Canada, and then within Penalty for one month after such arrival); and any person who neglects to neglect. give such notice within such period as aforesaid, shall forfeit, to the use of Her Majesty, one fourth part of the sum for which the surety so dead, or bankrupt or insolvent, or resident out of Canada, became security, to be recovered in any Court of competent jurisdiction, by action of debt, or information at the suit of the Crown; surety, deposit the 3. And every such person who, upon the death, bankruptcy, Neglect to insolvency, or residence out of Canada of any surety, neglects provide new to give the security of another surety, to be approved in like manner as such surety dying or becoming bankrupt, insolvent or resident out of Canada, was approved, within such period from his having given notice of the death, bankruptcy or insolvency, or residence out of Canada of the former surety, as is by this Act limited for giving, registering and depositing the original security, or neglects to register and deposit the bond or register and or security of such new surety within such period from his bond,having given the security of such new surety as is by this Act limited, for the registering and depositing of the original bond or security, (the same regard being had to the place in which punishable by the person may then be), shall be liable to forfeit the appointment, office, employment or commission, in respect whereof such new security ought to have been given, and such new bond or security registered and deposited as aforesaid; and his appointment or commission shall be void from and after the time when the Governor declares the same to be avoided in like manner, and under and subject to such provisions as aforesaid, forfeiture of appointment. cers may re further res ponsibility. 7. When any person has become surety to the Crown for the How sureties due accounting for public moneys, or the proper performance of of public offiany public duty, by any such person as aforesaid, such surety, lieve themwhen no longer disposed to continue such responsibility, may selves from give notice thereof to his principal, and also to the Secretary of State of Canada; and all accruing responsibility on the part of such person as such surety shall cease at the expiration of three months from the receipt of the last of such notices, or upon the acceptance by the Crown of the security of another surety whichever shall first happen, and the principal shall, within one month from the receipt of the last of such notices, give the security of another surety, and register and deposit the bond of such new surety, or in default of so doing, shall be liable to forfeit and be deprived of the appointment, office, employment or commission in respect whereof such new security ought to have been given, and such new bond or security registered and deposited as aforesaid; and his appointment or commission shall Avoidance of be void from and after the time when the Governor declares the commission. same to be avoided, in like manner, and under and subject to such provisions as aforesaid. 8. The Governor in Council may remit the forfeiture or Governor may remit penalty in certain cases. Or may ex tend delay for &c. penalty in any case in which the failure to give security or to register and deposit any bond or security under this Act, has not arisen from any wilful neglect of the person bound to give register or deposit the same: 2. And if it appears to the Governor that the period hereingiving security before limited for giving the security of a new surety as aforesaid, is in consequence of particular accidents, casualties or circumstances, insufficient, or that by reason of the distance or loss of letters, or illness, or the refusal of any surety to give the security, or of such surety not being deemed eligible and being rejected, or any other accident or casualty, further time will be necessary to enable the security of such new surety to be given the Governor in Council may allow such further period for giving the security of such new surety as appears to him reasonable and proper; But not for more than two months, and an entry must be made. Governor may security given, 3. But such extended period shall in no case exceed two months beyond the period allowed by this Act; and the precise period proposed to be allowed, together with the special grounds for allowing the same, shall be either entered in the book in which the original security has been registered, or indorsed on the back of the original bond or other security itself; and the person required to give the security of such new surety, shall not be subject to any forfeiture or penalty for not giving the same within the time limited by this Act, if he gives it within the extended period so allowed as aforesaid. 9. The Governor may approve of the security given, or the approve of affidavit of qualification filed by any public officer of Canada, &c., after time although the same has been given or filed after the time limited by this Act; and in such case the office or commission of such public officer shall be deemed not to have been avoided by such default, but to have remained and to remain in full force and effect. limited. Acts of public officers not void or void 10. No act of any public officer of Canada, whose security has been given or registered, or deposited, or whose affidavit of able for delay qualification has been filed after the time limited by this Act, in giving secu- shall by such default be void or voidable. rity, &c. Securities executed at different times within what delay to be registered. Neglect, &c., 11. Where the securities of the principal and sureties have been executed at different times, (whether they were taken in one and the same bond, deed or other instrument, or in different ones), the period limited for registering and depositing such securities, shall be estimated from the time of execution thereof, by the person who was the last to execute the bond, deed or other instrument, or the last bond, deed or other instrument, as the case may be. 12. No neglect, omission or irregularity, in giving or receivnot to vacate ing the bonds or other securities, or in registering the same, charge surety within the periods or in the manner prescribed by this Act, bond or disshall vacate or make void any such bond or security, or discharge any surety from the obligations thereof. to register and deposit 13. All bonds or other securities hereby required to be re- Proper officer gistered and deposited, shall be registered and deposited by the proper officer, notwithstanding the period prescribed for regis- bonds even after delay tering and depositing the same has expired; but no such regis- expired, but tering and depositing of any such bond or other security shall no exemption from penalty be deemed to waive any forfeiture or penalty, or shall exempt the person on whose behalf the same are registered and deposited from any forfeiture or penalty under any of the provisions of of this Act. to ensue. specially pro 14. Nothing in any of the preceding sections of this Act Act not to shall apply to or affect any officer of any Department, with affect cases respect to which special provision is made by law, for the giving vided for. of security by its officers, and the exacting of security from them, unless such special provision does not extend or apply to such officer. bonds to be laid before 15. The Secretary of State of Canada, shall cause to be Statements of prepared, for the information of the Parliament of Canada, within fifteen days after the opening of every Session thereof, a Parliament. detailed statement of all bonds or securities registered as aforesaid, at his office, and of any changes or entries that have been made in reference to the names and residence of any sureties, and of the amounts in which they have become severally liable, since the period of the previous return submitted to the said Parliament. authorize panies to be Canada. 16. The Governor in Council may, by Order in Council, Governor in direct that whenever any public officer of Canada, is required Council may to give security as aforesaid, for the due performance of the security of trust reposed in him, and for his duly accounting for all public certain Commoneys intrusted to him or placed under his control, or for the accepted for due fulfilment in any way of his duty, or of any obligation un- officers of dertaken towards the Crown, the Bond or Policy of Guarantee of the European Assurance Society, mentioned in the Imperial Act, twenty-second Victoria, chapter twenty-five, or of any Incorporated or Joint Stock Company, incorporated and empowered for like purposes, named by such Order in Council, may be accepted as such security, upon such terms as shall be determined by the Governor in Council. 1. I am seized and possessed to my own use of real, or real and personal estate in the Province of the actual value of $ in Canada, of over and above all charges upon or incumbrances affecting the same. Preamble. First part of section 3 of amended. 33 VICT. CAP. 5. An Act to amend "An Act respecting the security to be given by Officers of Canada.' HE [Assented to 12th May, 1870.] ER Majesty, by and with the advice and consent of the follows: 1. The first part of the third section of an Act made and 31 Viet., c. 37 passed by the Parliament of Canada in the thirty-first year of Her Majesty's reign, chaptered thirty-seven, and intituled, “An Act respecting the security to be given by Officers of Canada,' is hereby repealed, and the following section is enacted in lieu thereof, and shall be taken and read as the first part of the third section of the said Act :: Bonds how attested and where recorded, &c. "3. Every surety in any such Bond shall make the affidavit. in the Form A hereunto annexed, or to the effect thereof, before a Justice of the Peace, and every such Bond or Security shall be proved as to the due execution and delivery of the same, by an affidavit of the attesting witness, made before a Justice of the Peace, and every such Bond or Security, with the several affidavits thereunto annexed, shall be recorded at full length in the Department of the Secretary of State of Canada in the manner hereinafter mentioned; and the original Bond or Security, and the affidavits thereunto annexed, shall forthwith, after such registration, be deposited in the Department of the Minister of Finance." |