An Act respecting the security to be given by Officers of Canada

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31 Victoria, c. 37 (Canada)

An Act respecting the security to be given by Officers of Canada.

[Assented to 22nd May, 1868.]

Preamble.

 Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Bonds, with sureties, to be given by persons appointed to certain public offices on or after 1st July, 1867.

1. Every person appointed upon or after the first day of July, eighteen hundred an sixty-seven, to any civil office or employment, or commission in any public department of the Government of Canada, or to any office or employment of public trust, or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public money under the Government of Canada, and who by reason thereof is required to give security, with surety or sureties, or otherwise, shall, within six months from and after the passing of this Act, give and enter into a bond or bonds, or other security or securities, in such sum and with such sufficient surety or sureties as may be approved of by the Governor, or by the principal officer or person in the office or department to which he has been appointed, for the due performance of the trust reposed in him, and for his duly accounting for all public money intrusted to him, or placed under his control.

Bonds, with sureties, to be given by persons herafter appointed to certain public offices.

2. Every person appointed after the passing of this Act, to any civil office or employment, or commission in any public department of the Government of Canada, or to any office or employment of public trust, or wherein he is concerned in the collection, receipt, disbursement or expenditure of any public money under the Government of Canada, and who by reason thereof is required to give security, with surety or sureties, or otherwise shall, within one month after notice of such appointment, if he is then in Canada, or within three months if he is then absent from Canada, (unless he sooner arrives in Canada, and then within one month after such arrival), give and enter into a bond or bonds, or other security or securities, in such sum and with such suficient surety or sureties as may be approved of by the Governor, or by the principal officer or person in the office or department to which he is appointed, for the due performance of the trust reposed in him, and for his duly accounting for all public moneys intrusted to him, or placed under his control.

Bonds, &c., how and where to be proved, recorded and deposited.

3. Every person who by reason of his appointment to any civil office or employment, or commission in any public department, or of public trust as aforeaaid,or who by reason of being concerned in the collection, receipt, disbursement or expenditure of any public moneys as aforesaid, gives or enters into any bond or other security, for the due performance of the trust reposed in him, or for the due accounting for of public money intrusted to him; and every surety in any bond shall make the affidavit, in the form A, hereto annexed, before a Justice of the Peace, and shall cause every such bond or security to 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 shall cause every such bond or security, with the several affidavits thereto annexed, to be recorded at full length at the Office of the Secretary of State of Canada, in manner hereinafter mentioned, and shall forthwith, after such registration, deposit the original bond or security, and the affidavits thereto annexed, at the Ofice of the Minister of Finance:

Time within which it is to be done

 (2) And every such bond or security, and the affidavits thereto annexed, shall be recorded and deposited as aforesaid, within one month after being entered into or given, if the person on whose behalf it is entered into or given resides or is in Canada; and if he is absent from Canada, then within three months after being entered into or given, unless such person arrives sooner in Canada, and then within one month after such arrival.

Entry of bond and certificate thereof, by Secretary of State.

4. The Secretary of State of Canada, shall make an entry, and shall, if required, give a certificate, in writing, under his hand and seal, of every such bond or security brought to him to be registered as aforesaid, and therein shall mention the day on which such bond or security is so registered, expressing also in what book, page or number the same is recorded:

Separate book to be kept for the purpose.

 (2) For the purpose of so registering bonds or securities under this Act, the Secretary of State of Canada shall provide a separate Register Book, every page of which, and every bond or security recorded therein, shall be numbered; and the day of the month and year when every such bond or security is registered, shall be entered in the margin of the said Register Book, and in the margin of the bond or security;

Proviso: as to effect of bond as lien.

provided always, that no bond or security given by any person under this Act, to Her Majesty, Her Heirs or Successors, shall constitute any other or greater lien or claim upon the lands or tenements, goods or chattels of such person, than if such bond had been given to one of Her Majesty’s subjects;

Alphabetical list of names to be kept.

 (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,

Order of entry.

and shall enter and register the said bonds or securities in the same order of time in which they respectively come to his hands.

Commission may be declared avoided for non-compliance with this Act.

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 when the Governor declares the same to be avoided under this Act;

Avoidance not to annul acts done.

but such avoidance shall not annul or make void an act or order or other matter or thing done by such person during the time he actually held such appointment, office, employment or commission:

Exceptions.

 (2) No such forfeiture shall take place by reason of any such bond or security, not being registered or deposited,

where the prodper sureties have been given and the proper bond made out, an when the failure of registry and deposit have arisen from the loss of such bond or security in the transmission thereof from a distance;

New Bond.

but in every such case, a new bond or security, specifying the reason of such delay, shall be made out an 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.

Notice to be given of death, &c., of surety.

6. Every such person as aforesaid, who has given any bond 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 pricipal 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 one month after such arrival);

and any person who neglects to 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;

Neglect to provide new surety,—

 (3) And every such person who, upon the death, bankruptcy, insolvency, or residence out of Canada of any surety, neglects 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 register and deposit the bond,—

or neglects to register and deposit the bond or security of such new surety within such period from his 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 the person may then be),

punishable by forfeiture of appointment.

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.

How surities of public officers may relieve themselves from further responsibility.

7. When any person has become surety to the Crown for the due accounting for public moneys, or the proper performance of any public duty, by any such person as aforesaid, such surely, when no longer disposed to continue such responsibility, may 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;

Avoidance of commission.

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.

Governor may remit penalty in certain cases.

8. The Governor in Council may remit the forfeiture or 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:

Or may extend delay for giving security, &c.

 (2) And if it appears to the Governor that the period hereinbefore 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.

 (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 origin 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.

Governor may approve of security ginen, &c., after time limited.

9. The Governor may approve of the security given, or the affidavit of qualification filed by any public ofiicer of Canada, 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.

Acts of public officers not void or voidable for delay in giving secuity, &c.

10. No act of any public officer of Canada, whose securityhas been given or registered, or deposited, or whose affidavit of qualification has been filed after the time limited by this Act, shall by such default be void or voidable.

Securities executed at different times within what delay to be registered.

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.

Neglect, &c., not to vacate bond or discharge surety.

12. No neglect, omission or irregularity, in giving or receiving the bonds or other securities, or in registering the same, within the periods or in the manner prescribed by this Act, shall vacate or make void any such bond or security, or discharge any surety from the obligations thereof.

Proper officer to register and deposit bonds even after delay expired, but no exemption from penalty to ensue.

13. All bonds or other securities hereby required to be registered and deposited, shall be registered and deposited by the proper officer, notwithstanding the period prescribed for registering and depositing the same has expired; but no such registering and depositing of any such bond or other security shall 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 this Act.

Act not to affect cases specifically provided for.

14. Nothing in any of the preceding sections of this Act shall apply to or affect any officer of any Department, with respect to which special provision is made by law, for the giving of security by its officers, and the exacting of security from them, unless such special provision docs not extend or apply to such officer.

Statements of bonds to be laid before Parliament.

15. The Secretary of State of Canada, shall cause to be prepared, for the information of the Parliament of Canada, within fifteen days after the opening of every Session thereof, a 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.

Governor in Council may authorize security of certain Companise o be accepted for officers of Canada.

16. The Governor in Council may, by Order in Council, direct that whenever any public officer of Canada, is required to give security as aforesaid, for the due performance of the trust reposed in him, and for his duly accounting for all public moneys intrusted to him or placed under his control, or for the due fulfilment in any way of his duty, or of any obligation undertaken towards the Crown, the Bond or Policy of Guarantee of the European Assurance Society, mentioned in the lmperial Act, twenty-second Victoria, chapter twenty-five, or or 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.

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