1. The Governor in Council may appoint two fit and competent persons (in this Chapter called "the Inspector," and "the Assistant Inspector"), whose duty it shall be, as often as may be prescribed, to inspect and report upon the state and condition of every marine, factory, foundry, machine-shop, locomotive or other boiler in use in any port or place in this Colony which the Governor in Council may prescribe, and the said inspectors shall hold office during pleasure.

2. Subject as herein provided the inspectors shall be under the control of the Minister of Marine and Fisheries and the Assistant Inspector shall in all cases exercise his powers under the direction of the Inspector.

3. The Inspector and Assistant Inspector, shall before acting take and subscribe before a Justice of the Peace an oath of office in the form, or to the effect following:

I, A. B., do solemnly swear, that I will faithfully, truly and impartially, to the best of my judgment, skill and understanding, execute and perform the office of Inspector under Chapter 202 of the Consolidated Statutes (Third Series) entitled "Of the Inspection of Boilers," and the rules thereunder. So help me God.

4. The Governor in Council may from time to time make such regulations for the guidance and government of the Inspector, and of persons employing him as such, as may be considered proper, and may prescribe the amount of the fees payable by the owner or owners of boilers for inspection, and generally provide for efficient inspection under this Chap

ter, and for the purpose of carrying the object and provisions of this Chapter into effect, and may by such regulations impose penalties not exceeding fifty dollars on any person offending against them; and such regulations and the penalties therein contained shall be published in the Royal Gazette and one other newspaper, and shall thereupon take effect and be deemed and taken to be part and parcel of this Chapter as if specially enacted therein.

5. The Governor in Council may from time to time require the Inspector or Assistant Inspector to make returns or reports of his official acts to any other public department or officer, board of trade, chamber of commerce or municipal authority, in such form and containing such particulars and information as may be deemed expedient.

6. The Inspector and Assistant Inspector shall have power from time to time

(1) To go on board any ship, or to enter any factory, machine-shop, foundry or other place where any boiler may be, and inspect the same or any part thereof, not unnecessarily interfering with the progress of any work, or detaining or delaying any ship from proceeding on her voyage, and to order the stoppage of any engine or machinery and the drawing of the fires from any furnace or boiler, or to do any act or thing, or give such order, or make such demand as he may consider necessary to enable him to efficiently inspect any such boiler;

(2) To enter or inspect any premises, the entry or inspection of which appears to him to be requisite for the purpose of the report which he is herein directed to make.

7. If any person wilfully impedes the Inspector or Assistant Inspector in the execution of his duty, whether on board a ship or elsewhere, or refuses to obey any reasonable and lawful order or demand under the preceding section, that person shall for each offence be liable to a fine not exceeding fifty dollars, and may be seized and detained by the Inspector, or by any person or persons whom the Inspector may call to his assistance, until he can be conveniently taken before some Justice of the Peace or Stipendiary Magistrate.

8. If the owner of any boiler shall use or work or permit the using or working of the same before a certificate of inspection properly signed shall have been delivered to him the said owner shall be liable to a pen

alty not exceeding one hundred dollars for every day or part of a day during which such boiler shall have been used or worked.

9. If after having inspected any boiler the Inspector or Assistant Inspector finds that the same may be safely used or worked, and that no risk or danger to life may result from such use or working, he shall grant a certificate in the form or to the effect following:

NEWFOUNDLAND.

Consolidated Statutes (Third Series) 202, entitled "Of the
Inspection of Boilers."

Having inspected and examined the (here describe the boiler inspected by some distinguishing description or mark) on the premises (or on board the steamship .), owned (or occupied) by

(or

....

..master), I find the said (here describe the boiler inspected by some distinguishing description or mark) to be in good order, and I do certify that the same may be used without risk of accident or danger to life for a period of

...

Inspector.

10. It shall be the duty of every person to whom a certificate is granted under this Chapter not less than fourteen days before the expiration of the time for which the certificate is granted to notify the Inspector or Assistant, of the expiry of the certificate and the date thereof, under a penalty of ten dollars for every day's neglect or failure to give such notice.

11. The Governor in Council shall have power to dispense with the inspection required by this Chapter in any of the following cases, viz.:

(1) Upon the production of a certificate of inspection of any ship's

boiler granted by a public authority in any country or colony in which the certificate of the Inspector is accepted in lieu of survey or inspection of ship's boilers in such country or colony;

(2) In any other case in which a certificate of inspection satisfactory to the Governor in Council is produced.

12. If the Inspector or Assistant Inspector having inspected any boilers should find the same in his opinion to be unfit for use, unsafe or dangerous to life, he shall immediately give notice in writing to the own

er or person in charge thereof to immediately cease the use or working of such boiler, and may thereupon condemn the same as unfit for further use, or may order such repairs as he may consider necessary; and in case of repairs being ordered, such boiler shall before being again used or worked be submitted to the Inspector for his approval; and if after notice shall have been received as aforesaid from the Inspector or Assistant Inspector, or after repairs shall have been ordered to be erected on any boiler, the same shall be used or worked without having been approved by the Inspector or Assistant Inspector, or if after any boiler shall have been condemned, the same shall be used or worked, the owner thereof shall be liable for every day or part of day wherein the same shall have been used or worked to a penalty of one hundred dollars.

13. If after a certificate shall have been once granted in respect of any boiler, it shall have been cancelled by the Inspector or Assistant Inspector, or shall have expired, and no new certificate shall have been granted, and such boiler shall be used or worked, or the use or working thereof shall be continued, the owner of such boiler shall be liable to the penalty provided in section twelve of this Chapter for every day or part of a day during which such boiler shall have been used or worked.

14. If the owner or person in charge of any boiler shall have reason to believe that any defect exists in such boiler, so that risk of injury or danger to life may be incurred by the continued use or working of the same, it shall be the duty of such owner or person to immediately cease the use or working of such boiler, and to notify the Inspector or Assistant Inspector of his belief in the existence of such defect, and for every day he shall use such boiler, or shall neglect so to notify the Inspector or Assistant Inspector of his belief in the existence of such defect, he shall be liable to a penalty of one hundred dollars.

15. The Provisions of Chapter 24 of these Consolidated Statutes entitled "Of the Payment of Certain Fees and Charges by Stamps,” shall apply to the certificate of inspection required by this Chapter.

16. All penalties and forfeitures prescribed by this Chapter, or any of the rules and regulations made thereunder, may be sued for and recovered in a summary manner before any Stipendiary Magistrate or Justice of the Peace.

17. (1) If any dispute arises between the Inspector or Assistant Inspector and the owner or possessor of any boiler with regard to the quality or condition thereof, or relating thereto, a Stipendiary Magistrate upon application to him by either

of the parties to the dispute shall issue an order to three persons of skill and integrity requiring them forthwith to examine such boiler, and report their opinion of the quality or condition thereof under oath to him (which oaths he is hereby empowered to administer), and their determination or that of the majority of them expressed in writing shall be final and conclusive.

(2) One of such persons shall be named by the Inspector or Assistant Inspector, another by the owner or possessor of the boiler in question, and the third by the Stipendiary Magistrate, who, failing the attendance of either of the parties to the dispute, shall name a person for him.