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Les diagrammes suivants illustrent la m^thode. 1 2 3 1 2 3 4 5 6 U13A 3l\i 'I' !l! 6ftl ,:'! ll i' II AN" ACT RESPECTING PILOTAGE ? ASSENTED TO asrd MAY, 1873. AND BYE-LAW^S OF THE PILOTAGE AUTHORITY OF THE PILOTAGE DISTRICT OF SAINT JOHN, N. B. . PASSED 7th NOVEMBER, i374- -o SAINT JOHN, N. B. : McKILLOP & JOHNSTON, STEAM JOB PRINTERS, CANTERBURY ST. 1877. -iiiwi itiiwiiiiiiii'W^ii ■ l- ■ , j 1 1 \ t ■ J 1 I 1 ; n I ■ !' . II 36 VICTORIA, CHAP. 54. If EESmi MAG i. Assente; hip or of any 1873. Pilotage Chap. 54. branch IS any pilots, xercise ' fund or by rannu- ated or infirm licensed pilots, or of their wives, widows or children, or of any two or more of such classes of persons collectively; Terms referring to the pilotage authorities of pilotage district, generally, as applied to the pilotage district of Quebec, mean and include only the Trinity House of Quebec; Terms referring to the pilotage authorities of the districts for which pilots are licensed, as applied to pilots for and above the harbour of Quebec, mean and include only the Montreal Harbour Commissioners. "^ 3. This Act shall not come into operation commence until the first day of January, one thousand Act"! ""^ eight hundred and seventy-four, which day is in this Act referred to as the commencement of this Act. 4. Nothing in this Act shall apply to ships ^«* »»* *<> belonging to Her Majesty, nor to ships wholly ff^M/"* employed in Her Majesty's service, while so ^*"^^' *""• empolyed, the masters of which have been appointed by Her Majesty's Government, either in the United Kingdom or in Canada. PILOTAGE AUTHORITY. ^ 5, The Trinity House of Quebec shall be the Pilotage dis- pilotage authority of the pilotage district of Q,nXel Quebec, comprising the River St. Lawrence from the basin of Portneuf, inclusively, to an imaginary line drawn from the eastern anchor- 6 Chap. 54. PiixyrAOE. 36 Vic. age ground on Barnaby Island to the eantern anchorage ground under Cape Cohind:)ia on the north shore, together with those parts of all rivers, waters, creeks, bays and coves within the said limits where the tide ebbs and flows. Pilotagodis tric't of 6. The Montreal Harbour Commissioners Moiti^eai.j^hall be the pilotage authority of the pilotage district of Montreal, comprising the River St. I^awrence, from the basin of Portneuf, exclu- sively, to the Province line formerly dividing the Provinces of Upper and Lower Canada and now dividing the Provinces of Ontario and Quebec, and the several rivers falling into the St. Lawrence within the said limits, and also, so far as relates to pilots and their apprentices, pilotage, pilot dues, and pilot boats for and above the Harbour of Quebec, of that part also of the pilotage district of Quebec comprising the River St. Lawrence, between St. Patrick's Hole and the basin of Portneuf, both inclusive, and that part of all rivers, waters, creeks, bays and coves within the said last mentioned limits where the tide ebbs and flows. Pilotage dis- trict of Halifax. 7. The Halifax Pilot Commissioners consti- tuted as hereinafter provided shall be the pilotage authority of the pilotage district of Halifax, the limits of which shall be fixed by an order in Council, as hereinafter provided. and''ai>- g. YoT the purposcs of this Act, and within meSt'of fourteen days after ,the commencement of this Siif " Act, the City Council for the City of Halifax, Son.™r hereinafter termed the City Council, shall elect 36 Via eastern a on the 8 of all thin the issioiiers pilotage ^iver St. f, exclu- dividing lada and irio and into the I also, so )rentices, for and part also mprising Patrick's nelusive, eks, bays ed limits rs eonsti- be the istrict of fixed by vided. d within it of this Halifax, ;hall elect 1873. PlLOTAGK. Chap. 54. two persons, and the Executive Committee of the Chamber of Commerce of the City of Hali- fax, hereinafter termed the Executive Commit- tee, if any such there be, shall elect two j)ersons, to be with the persons to be appointed by the Governor General, as hereinafter mentioned, the first Commissioners, under this Act, at Hali- fax ; and the names of the persons so elected by the City Council shall be forthwith, after such election, certified to the Minister under the seal of the City of Halifax ; and the names of the persons so elected by the Executive Com- mittee shall be forthwith, after such last men- tioned election, certified to the Minister under the hand and seal of the City Clerk ; and the Governor General may, within thirty days after the commencement of this Act, by an instru- ment under the Great Seal of C'anada, appoint to be such Commissioners three persons : Pro- Proviso, iu vided always, that if the City Council shall Sr^e to refuse or shall for such fourteen days neglect Governor to make such election of such two persons, and toapi^^"^- to certify the names of such persons as afore- said, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint two persons, and if there be no such Chamber of Commerce, or no such Executive Committee, or if the Executive Committee shall refuse, or shall for such four- teen days neglect to make such election of such two persons and to certify the names of such two persons as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the ^1 IM 8 Chap. 54. Pi LOTA ( 5 E. 36 Vic. W \ Great Seal of Canada, a])point two persons to make up the full number of such Coniniis- And in case sioners : rrovided also, that if any person to 'accopl' elected as atorasaid, shall refuse to accept the offi(;e, the Governor General may, by an uistru- ment under the Great Seal of Canada, appomt in the place of the person so refusing, some other person to be such Commissioner. Mode of fli- 9. Every vacancy happening from time to vicancies. time amoug the Commissioners appointed by the Governor General under this Act, not bemg Commissioners so appointed by reason of any refusal or neglect to elect or refusal to accept office when elected as herein mentioned, shall be filled up by the Governor General, by an instrument under the Great Seal of Canada, and every other vacancy shall be filled up as follows : If of Com- (1.) If the person whose death or resignation dicted^by has caused the vacancy had been elected by the Council City Council, or had been appointed by the Governor General by reason of the refusal or neglect of the City Council to elect, or by reason of the refusal of any person elected by the City Council to accept office, the City Council shall, within fourteen days after the receipt of due notice of such vacancy, elect a person to fill such vacancy : ... If elected by ^2.) If the pcrsou whosc death or resignation coramit^^ has caused the vacancy had been elected by the pointed"^ Executive Committee or had been appointed by ^y Gover- ^j^^ Qovemor General by reason of the refusal 36 Vic. rsons to Joni mis- person cept the 1 instru- appoint g, some time to nted by ot being of any accept id, shall , by an Canada, d up as Agnation d by the . by the ^fusal or ly reason the City cil shall, )t of due fill such signation d by the minted by le refusal 1873. Pilotage. Chap. 64. 9 \ or neglect of the Executive Committee to elect, or by reason of the refusal of any person elected by the Executive Committee to accept office, the Executive Committee shall, within fourteen days after the receipt of due notice of such va(?ancy, elect a person to fill such vacancy. And the name of every person so elected by ^^^^ ^iS^it the City Council to fill a vacancy shall be forth- ter. with after his election certified to the Minister under the seal of the City of Halifax, and the name of every person so elected by the Ex- ecutive Committee to fill a vacancy, shall be forthwith after his election certified to the Minister under the hard and seal of the City Clerk : Provided always, that if the City Coun- ^"j^J^fect to cil or the Executive Committee, as the case certify. may be, shall refuse, or shall for such fourteen days neglect to elect a person to fill any such vacancy and to certify the nan.e of such person as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint a person to fill such vacancy : Provided also, that if any person elected to fill ^ rSSi to a vacancy as aforesaid, shall refuse to accept ^^^^^p* *p- the office the Governor General may, by an ment, instrument under the Great Seal of Canada, appoint in the place of the person so refusing some other person to fill such vacancy. 10. And such Commissioners, and the sur- ^'^„7'';"i!- .^ • . n 1 1 \ ' sionersm- vivor or survivors of them, and their successors, corpor- so from time to time elected and appointed as aforesaid, (any three of whom shall be a ft V) V iin !» 1 tH> *i ! t>, 10 Chap. 54. Pilotage. 36 Vic. sufficient qnorom for the transaction of business and the exercise of all the powers conferreo by tSl Act,) shall be and are hereby de^^ to be r body corporate and politic in dee* and m nam^ by the name of "The Halifax Pilirt cZmi-ioners," with all the powers vested m Corporations by the « Intcrprdaiton Ad. „, 1 1 The Governor General may appoint a fit FL and Pr2r ^lon U> be Secretary and Tr«.s«rer SSrlxTheXlifex Pilot CDTnmissioners, and may o. tne naiiia , ^i„_, „f n^ more than assign him an annual salary oi mn eight hundred dollars, payable «..t of the Con- solidated Revenue Fund of Canada. 12 The St. John Pilot Commiseionere, con- stitutd ^ hereinafter provided, shal be the ^:^e authority of the pilo^ dj.tnc.^f St 'john, the limits of which shall be fixed by OrdeJ- ii- Council, as hereinafter provided. 13. For the purposes of this Act, and within fourteen days after the commcii«!roeiit oi th.3 Artthe Mayor, Aldermen, and C- nm^nally of Ae cTty of Lint John, shall «1f '«"!P^^"^^ and thlcouncil of the Saint John BW of Trade shall elect too person, to be, with the Arsons to be appoint^ by the Gove^or Gen- ^ as hereinafter menUoned, the hrst Com Si *ners under thfe Act a. St. John , and the names of the persons so e ectea by the M^or Aldermen and Commonalty of the City o> Somt ioSHhall be_forthwith, f - such el^io^ certified to the Minister, isnder t»c .jea.. oi ^--^ c5 of Saint John, and the names of the Pilotage distrtict of St. John. Election and ap- point- ment of St. John Pilot Commis sioners. t \ 36 Vic. business ;rrecl by 'ed to be and in kx Pilot rested i. m fy oint a fit rreasurer md may lore than the Con- iiers, ill be 1873. PlI/)TAGE. Chap. 54. 11 con- the rict of St. fixed by ded. md within lit of this in^nalty of uo persons. Board of , with the sTior Gen- first Com- n ; and the he Mayor, ity of Saint •h election, nes of the persoRs so elected by the Council of the Saint John Board of Trade shall be forthwith, after such last mentionecl election, certified to the Minister under the Seal of the Saint John Board of Trade ; and the Governor General may, within thirty days ?ifter the commencement of tliis Act^ by an instrument under the Great Seal of Canada, ap[)oint to be such Commis- sioners tliree persons : Provided always, that if the Mayor, Aldermen or Commonalty of the City of Saint John shall refuse or shall for such fourteen days neglect to make such election of such two pei^sons, and to certify the names of such persons as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint two persons; and if the Council of the St. John Board of Trade shall refuse, or shall for such fourteen days neglect to make such election of such two persons, and to certify the names of such two persons, as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint two persons, to make up the full number of such Commission- ers ; Provided also, that if any person elected as aforesaid, shall refuse to accept the office, the Governor General majr, by an instrument under the Great Seal of Canada, appoint in the place of the person so refusing, some other person to be such Commissioner. 14 l^iVor-i vnoannv liqT*TU»ninnr -Tron '^irnP to .time among the Commissioners appointed by Proviso, in case of failure to elect, ap- point- ment by Governor. Proviso, in case of re- fusal to accept ap- point- ment. Mode of filling vacancies. N, 12 Chap. 54. Pilotage. 36 Vic. I :!:ll mi •ill ii .)^i the Governor General under this Act, not benig Commissioners so appointetl by reason ot any refusal or neglect to elect or refusal to accept office when elected, as herein mentioned shall be filled up by the Governor General, by an rnsSumenf under the Gravt Seal of Canada ; and every other vacancy slmll be failed up as - follows :— „ of com- (1.) If the person whose death or res\^f"l Sfe& has caused the vacancy had l)een f ected^/ "; ^"y Mayor, Aldermen and Commonalty of the City ■acii, of Saint John, or had been appointed by the *" Governor General by reason ot the refusal oi neglect of the Mayor, Aldermen and Common- alty of the City of Saint John to elec^t, or by reion of the refusal of any person elected by the Mayor, Aldermen and Commonalty ot the City of^Saint John to accept office, the Mayor Aldermen and Commonalty of the City of baint John shall within fourteen days after the receipt of due notice of such vacancy, elect a person to fill such vacancy. (2 ) If the person whose death or resignation Sr-- has ckused the vacancy, had been etetoJ by the by saint Oouncil of the Saint John Board of irade, or ^d of t^d teen appointed by the Governor General '"^''- 5 reason of the refusal or neglect of the Coun- cil of the Saint John Board of Trade to elect or by reason of the refusal of any peijon elected by the Council of the St John Board of irade "■' . . -fli^ th" ril of the Saint John to accept oiiice, iii<= ^_JJ.' ■- -- - „ Board of Trade shall, within fourteen days after If of Com- mission- ers 36 Vic. ot being of aiiv o accept ed, shall L bv an Uanada ; d up as siprnatioti d by the ' the City d by the efusal or Common- [^t, or by sleeted by ity of the e Mavor, y of Saint :he receipt person to resignation ited by the Trade, or >r General the Coun- e to elect, son elected 1 of Trade 5aint John 1 days after 1873. Pilotage. Chap. 54. 13 the receipt of due notice of such vacancy, elect a person to fill such vacancy ; And the name of every person so elected by certificate the Mayor, Aldermen and Commonalty of the ter. ""'^ City of Saint John, to fill a vacancy, shall be forthwith after his election, certified to the Minister under the Seal of the City of Saint John, and the name of every person so elected by the Council of the Saint John Board of Trade to fill a vacancy, shall be forthwith after his election certified to the Minister under the seal of the Saint John Board of Trade : Pro- ^^^^^^^jf^/j/" vided always, that if the Mayor, Aldermen and default to Commonalty of the City of Saint John or the ''''^^''' Council of the Saint John Board of Trade, as the case may be, shall refuse, or shall for such fourteen days neglect to elect a person to fill any such vacancy, and to certify the name of such person as aforesaid, the Governor General may, within thirty days after the expiration of such fourteen days, by an instrument under the Great Seal of Canada, appoint a person to fill such vacancy : Provided also, that if any person Proviso, or elected to fill a vacancy as aforesaid, shall refuse to ^accept, to accept the office; the Governor General may by an instrument under the Great Seal of Can- ada, appoint in the place of the person so refus- ing, some other person to fill such vacancy. 15. And such Commissioners and the survivor commis and survivors of them and their successors so from time to time elected and appointed as I aforesaid, (any three of whom shall be a suffi- icient quorum for the transaction of business sioner in- corpo- rated. 14 Chap. 54. Pilotage. 36 Vic. iii ii ! t and the exercise of all the powers conferred by this Act,) shall be and are hereby declared to be a body corporate in deed and m name, by the name of " The St John, Pilot Commissioners, with all the powei^ vasted in Corporations by " Oie Interpretation Ad" Appoint- 16. The Governor General may appoint a fit S^taly and proper person to be Secretary and Treasurer Treasurer ^^ ^^^ g^ j^j^^ pQ^^ Commissioncrs, and may a.ssign him an annual salary of not more than eight hundred dollars, payable out of the Con- solidated Revenue Fund of Canada. 17 The Governor may, by Order in Council, fix the limits of pilotage districts, in any places not included within either of the above des- cribed pilotage districts of Quebec or Montreal, . and may constitute pilotage authorities, each consisting of not less than three nor more than five persons (any majority of whom respectively shall be a sufficient quorum for the transaction of business and the exercise of all the powers conferred by this Act,) in any places not in- cluded within either of the pilotage districts ot Quebec, Montreal, Halifax or Saint John ; and may by an Order in Council from time to time make the payment of pilotage dues compulsory or not compulsory, within any limits so hxed. GENERAL POWERS OF PILOTAGE AUTHORITIES. Powers of ^q ci„i^;^t +0 +he nrovisions of this Act, or Pilotage -i-O' ^^u.s.y'i^v/t t.-J ■v-s'c ^ . ^ ^ - , aiahori- ^f g^jjy ^ct for the time being m force in their Powers of the (iov- ernor in Council, as respects Pilotage Districts and autho- rities. As to com- pulsory or common compul- sory pay- ment of pilotage dues. 1 36 Vic. jrred by -ed to be e, by the sioners," ttions by oint a fit Creasurer and may lore than the Con- i Council, ny places bove des- Montreal, ties, each nore than spectively ransaction ;he powers es not in- iistricts of Fohn ; and ttie to time ompulsory so fixed. .OTAGE :his Act, or roe in their 1873. Pilotage. Chap. 54. 15 respecting pilot boate pilotage district, every pilotage authority shall have power from time to time, by bye-law con- firmed by the Governor in Council, to do all or any of the following things within their district, viz: — (1.) To determine the qualification in re- '^« 4^*®^- , « J.' 1 . , .,1 minequa- spect 01 age, time and service, skill, lifications character and otherwise, to be required ^^ ^'^*'*'** from persons applying to be licensed as pilots ; (2.) To make regulations respecting the'^^^X^^nr approval, licensing, management, and maintenance of pilot boats, and re- specting the distribution of the earn- ings of pilots and pilot boats, and to require that decked pilot boats be provided with life-boats to be used in conveying pilots to and from ships, and also with such numbers of life preservers as such pilotage authority may deem advisable ; (3.) To provide for aiding in the establish- '^compan ment of and participating in the profits ^^^ the of companies for the support of pilot plR^. boats ; (4.) To license pilots and (except in the To grant pilotage district of Quebec) apprenti- and"certi- ces, and (except in the pilotage districts of Quebec, Montre{.\, Halifax and St. John,) to certificate masters and mates to act as pilot« as hereinafter men- tioned ; companies of boats ficates. 16 Chap 54. mi i I Si To make re- gulations , as to licenses and certi- ficates. Proviso, as to Quebec district. Pilotage. 36 Vic. To make re- gulations for the govern- ment of pilots. /^^ To fix the terms and conditions of ^'^ fmnting licenses to pilots and (except Labove excepted) apprentu*s, and TexZtBS ab«ve excepted) such pilot- g^cTrtificates as in this Act mentioned to masters and mates, and the fe^ to L navable for such licenses and certi fc^S and to regulate the number of pilots • Provided always, that m the ?lSSge district of Quebec, after the anStices under indentures at the cKncement of this Act, or such of thm as shall have undergone satisfac- torexaminations within two months from and after the final expiration ^;il" m oL' W under tWs o^ !nv other Act, have been licensed as S such number shall never be less Sif onehundred and fifty nor more than two hundred ; ,ft \ To make regulations for the goyern- ■ ''-^ l^enTof the%ilots licensed -d^ masters and mates (^ jn^) f ^^^^S Kv such pilotage authority, and lor eS U lood cond^and con- rirrtheirrtt:x% Se; and jr tl. governm^^ of iafehe number of apprentices; m Vic. itions of i (except ic;es, and [ch pilot- aentioned tie fees to and certi- vumber of tiat in the , after the •es at the or such of le satisfac- ATo months expiration ispectively, additional der this or licensed as ever be less y nor more 1873. Pilotage. Chap. 54. 17 the govern- led, and the ) certificated ity, and for iuct and con- effectual per- DU board and [)vernment of Kere than in )ec,) for regu- prentices ; \ (7.) To make rules for punishing any '^•J.^j"j^^^^e^^ breach of such regulations by the with- punishing drawal or suspension of the license or or?Sguia- certificate of the person guilty of such *'''°' breach, or by the infliction of penalties, — so however, that no single penalty be made to exceed the sum of forty dollars, with, in case of continuing breach, a further penalty not exceed- ing four dollars, for every twenty- four hours during which such breach continues, and that every such penalty be capable of reduction, at the dis- cretion of the Court by whom the same is inflicted ; (8.) To fix and alter the mode of remu-Tofixand nerating the pilots licensed by such agfcfi!" authority, and the amount and des- cription of such remuneration (in this Act called pilotage dues,) and the per- son or authority to whom the same shall be paid ; Provided always that the rates of Proviso, as pilotage for and below the Harbour for'and'^ of Quebec set forth in tables one and ^l^Zuv two of Schedule A, to the Act of the "f Qiubec. legislature of the late Province of Canada, passed in the twelfth year of Her Majesty's reign, cliapter one hundred and fourteen, intituled ^^An Act to consolidate the laws relative to the powers and duties of the Trinity House oj Quebec, and for other pur poses, ^^ 3 m 1 18 Chap. 54. M/\ I I ill ■ nm i Pilotage. 36 Vic. t| To provide for the compul- sory re- tirement of aged pilots. To provide for the compul- sory re- tirement of infirm or intem- perate pilots. «haU not be altered ftvr three years :1X accruing to each njember of the said Corporation a^tmg* Bhall be the *"*>'"!.*„ the Governor of Quebec to submit to the uov in Council for approval, a bye la "tablishing such incr^sed rat^ o^ pilotage, or P»l"t*g«J"?e ^u^i of the ^e ot sixty ^^e j^ > .^^ the provisions containea m thirty-six of this Act ; nn ^ To nrovide for the compulsory retire- ^^'•^JeTofUcensedpibtsproved^^^^^ fy habits of drunkenness Deiore ut^i.. P^B^lCJ", 36 Vic. ree years this Act ; >f the net pilots for f Quebec lember of ting and below the n less than averse of lich case it nity House e Governor a bye-law d rates of as may be purpose of b an average 38 than six b income,and 3h successive eafter ; ulsory retire- iving attained irs, subject to i in section pulsory retire- Droved on oath be incapaci- ly infirmity or 1873. PlLOTA(JE. Chap. 54. 19 and Mon- treal dis- tricts and regulate them. ing the age of sixty five years ; [See Sec. .35.] (11.) To provide for the adjustment and^o P'oj^de decision of questions and disputes decision of arising between masters of ships, pilots thout^^ and others, respecting pilotage ; pUotage. (12.) Tso establish (elsewhere than in the To establish pilotage districts of Quebec and Mon- mnds ex- treal) either alone or in conjunction Quebe^ with any other pilotage authority or authorities, funds for the relief of superannuated or infirm licensed pilots, or of their wives, widows or children and in an- pilotage district to make any new regulations with respect to any funds for the time being applicable to those purposes or any of them — with power to determine the amount, manner, time and persons (such per- sons to be in the service of such pilot- age authority) to, and in which, and by and upon whom the contributions in support of such existing or future fund may be made or levied ; but not to determine that any contribution to any such fund shall be made or levied by or upon any pilot to any amount exceeding seven per cent, of his earn- ings ; and further, to determine what persons, or class of persons, from among the men in the service of such pilotage authority, their wives, widows or children, are and are not respec- 11 .\ I !l: 20 Chap 54. PlLOTAOE. P>6 Vie. To repeal or alter pre- vious bye-laws. tlvely entitled to ^^^ -.;,,, benefits of ^J^f^ condition. ^""t'wtfoW entitled, tWey are to be rentHled:'[Sec.39.] 1 „Upr anv bve-liw made (13.) To repeal or ^ ^^ any J ^^^. ^^.^ in exerase of the P ^^^^^^^.^^ .^y ot tion, or any Dye uv section the matters enumerated m tl^^ ^^ ^^^ S and ^ -^^^ ^ r T net' bye-laws, in lieu thereof. .... Andanybye^-ajS»^^ STr TLy <^e forty dolars^or^^«b. pucauon. feye-kw With, m ease of ^^P^n \^^^ for further penalty not exce^in| ^^^^.^j^ ^ ^^ every twenty f^^f^^JS n° ^'^^ ^^^'^''^ u breach continues; ^^^^^f^ Every penalty impose a minimum Pf ^^^ ;^ ,„ ^ade, con- imjosed by any such by^'^esaid, shall be firmed and published ^ ^'^^j^ ^y 'dvil action summarily re^^^^i^tTt *^Xe S^" °"^>'' °' or proceeding at the ^« ^ o* ;»^,ii for the Crow^i of any private P^rty jT.g^^^i„^ed in such case as for himself , in any f^^^^^^.^e it is brought by the law of *atProviW!e .^^^^^ ^ the i-before any court Jiaving J ^^^^ t -ount on^^^^^y^l -7„e criit^le -{: ;;;?:tlerth-;he plaintiff or party inxei^t.d , 1 1 ;M) Vie. 3 in the r future onditions are to be law made f this sec- iig any ot his section rict at the it of this bye-hiw or 3f. )tage autho- this section, >t exceeding ach of such ig breach, a dollars for which such oye-law shall /ery penalty > made, con- id, shall be )y civil action rown only, or for the Cro\v!;i .d in such case e it is brought aiction to the simple contract creditable wit- irty inu;iCDtv.vi , 1873. Pilotage. Chap. 54. 21 Confirma- tion of bye-law8. and one half thereof shall belong to the relief fund, hereinafter termed pilot fund, established under this section by the pilotage authority for the breach of whose bye-law the same has been recovered, if any such fund there be, and if there be no such fund then to such pilotage authority themselves, to be applied by them to the relief of any superannuated or infirm pilot licensed by them, or of the wife, widow or child of any such pilot, and the other half shall belong to the private plaintiff, if any there be, and if there be none, the whole shall belong to such pilot fund or pilotage authority as the case may be. 19. Every bye-law made by any pilotage authority in exercise of the powers conferred upon it by the next preceeding section of this Act shall, if and when confirmed by order of the Governor in Council and published as here- inafter mentioned, be valid and effectual ; and every breach thereof shall be deemed an offence against this Act. 20. Every bye-law made by a pilotage autho- P>j^iication rity and confirmed by the Governor in Council, bye-iaws. shall be published in the Canada Gazette ; and a copy thereof printed in the Canada Gazette shall be prima facie evidence of the original and of the contents thereof and of its having been confirmed by order of the Governor in Council. 21. A copy of every bye-law made by the ^^yistojf^ TJrinity House of Quebe under this Act, shall p";?*^?,^^'^ I furnished to the Corporation of Pil XKJi. and below 22 1 1 1 i H ^<' 36 Vic. ^ .A Pilotage. Chap. 54. firmed. effi- time of the commeP^-ent^^ .^^ ^^^ ^^^ fZ'txr until replaced by wf-^fr .^^ jf subject to be so ri-S^-^tion seventeen oi th.s Act J ^^^^.^^, ^^ i:.Sil replaced under the same an ^^^ lSto'»tbe so repla^fi' '^Wh they lawfully possess at fenit!' and jurisdiction wh-cyhe^^^ ^^ .^^ ^ the commencement 01 rovisions of this ^me are «°t'.'^l!^f ^ the commencement Act ; but nothmg done atter ^^^^i^ ^ tSsttn^SLZC^beofanyforcewhat- ever. , V -nl* or regulation, law 23. Every bye-law, rule or . ^^^^^^^.^^ '='S^^» or ordinance made >>y J^^^ . l^^°, \ct shall, so ?h?cf before the commei^J-* ^^^^^t ^^,,^, y pro- tSSt^: far as the same if^^^,, to be of the same visions of tto f-ct. <="' . . j^^ct had not been force and f ««t^f/or '^tered by a bye-law passed, until repealed o^^. de and bSCdttfauthority^^^ this Act. Sr r;;;smlt to the Minster lu =uch -- 36 Vic. nty days 2 Gover- ing con- ig at the /Vet, shall [icil under 3t to be 80 subject to ill powers possess at far as the ons of this mencement ity shall, if force what- alation, law ye authority Act shall, so nth. any pro- of the same lad not been )y a bye-law ily made and this Act. 1873. Pilot A(JE. Chap. 54, 23 jE AU- shall on or r in every year jh form as the Minister requires, returns, in this Act calletl pilotage returns, of the following particulars with regard to pilotage within their district, made up to the thirty-first day of December, previous, namely : — (1.) The name and age of each and every Names and pilot, apprentice, master or mate piiou, p Quelle, with the Corporation of Pilots lo»^/» "ave been licensed as pilots, no apprentices After a ceiv tain time no ap- prentices to be licensed by the Trinity Hous of Que!)rc unless there is a vacancy in the number limited by bye-laws. VSB iMMH|«M i h"'S P>!! -)l :!| ' i ! ll 26 Chap. 54. P^i^oxagk. 36 Vic shall be licensed as pilots, «"^«^J J^^! Z number of licensed Pf ^ J^^Jfthat for the Harbour of Quebec is ^^^^^J^^^^^ bye-laAV time being prescribed -nd r^^U^f £^ l^^if. of the Trinity House of Qf^^^J^^^^ed, from and then so many «nV ""^^^ ^'^ toteep W the time to time, ^ ^fJ^flf^Zt\ZhIr^/w^ number of such F^o^^^'! *7, *' „£ the Trinity bribed and regulated ^X j^y^^^ff "^Ja those I House of Quebec m t^at Uha», an ^^^.^ nearly as may be practicable, in the ora seniority as apprentices. LICENSING OF PILOTS. co„.nK 29. Every pilot - .^^^I^JtlSnS cT/- form and -i^x^^^ «nthoritv, snaii leceive a iiv^^"°^ regulation pilotage amnmit^, ^ abode, a oAcensesf . . ^j^igname and usual place "\/ . ' p to pilots, taming nib nj ^p^^^n and a specification ot description of his P^y^^^', f ^^ oualified to act, re^vard, register h,s license ^nd add ^^ .^^ to the list posted up at * « ^^^f "^^^ ,hali not not already on it ; and a l^^^^^iP'^ense is so be entitled to -t ^ -^^^^^^^^^^^^ beyond Sail be considered an unlicensed pilot. ^ !.„„„, linpnsfid pilot shall, on receiving ,0. x^vCv ;'■ -r_,__,i ,_,,^^ „ ^„„v ot this AC',j a Cflpies of 'S;|l"'' Ms Iteise be furnished with a copy and of niS I X 36 Vic. until the below the lat for the ^y bye-law lat behalf ; ;nsed, from reep up the being pre- the Trinity nd those as ^der of their CS. ised by any license con- of abode, a )eeification of lified to act, 1 of the first eform; and ncipal port of )t is licensed without fee or add his name! om House, if ! ^ pilot shall not :, s license is so ^ acting beyond 1 by his license, pilot. 1, on receiving opy of this Aci,| 1873. Pilotage. Chap. 54. 27 in force. and a copy of the dues and bye-laws established ^^« ^nd within the district for which he is licenped ; and toteZl he shall produce such copies to the master of atatl'' any ship or other person employing him when ^mT ^^ required to do so, and in case of default shall '*' incur a penalty not exceeding twenty dollars. 31. Every pilot who has received a license ^^J^ting from a duly constituted authority in that behalf, Sniped beiore the commencement of this Act may re- tain the same under and subject to the provi- sions of this Act, and shall be held and deemed to be, for all and every the purposes of this Act a pilot licensed for the pilotage authority of the district to which his license extends. 32. Every person, who at the commencement of this Act, is serving an apprenticeship to be a pilot, shall be entitled to be licensed as a pilot at or after the expiration of the term fixed for such apprenticeship by the law, bye-law, rule or regulation under which he commenced his ap- prenticeship, on proving, to the satisfaction of the pilotage authority of the district in which he has served his apprenticeship, that he has com- plied with all and every the terms and conditions imposed upon apprentices by such law bye-law rule or regulation, and on being found by such jpilotage authority, after due examination, to possess the qualifications required of pilots by such law, bye-law, rule or regulation. I 33. Every licensed pilot while acting in that Pilots to fcapaxiity shall be provided with his license, 5,nd R"nl!^ ^hmi produce the same (whether requested to offel?„g Apprentices now under in- dentures to be ex- amined only und.er bye-laws under which they com- menced their ap- prentice- ship. !H ' H i 28 Chap. 54. Pilotage. 36 Vic. 1^ I «... produce it or not) to ^vej f ^^^^jti^i^S ;'£"?! is employed or to ^^Xn\nCs the em- ployed. :iot. at the time when tie enicu, ^ ^w, + nf or offers his services to sucn ployment ot, ^ 5)ner» produce his pereon ; and shall at /"J™^ J^„ ^y whom Lnse at the request of every per^n^y ^^ he is employed as pilot^^ Je shall, for each refuses to produce his license, "« J ^rty offence, -cur a penalty n^t --^-^ j„„ J, dollars and shall be ^"^,^r ^ty by whom he dismissal by the pilotage authority oy is licensed. ™ .. 34. Every branch t'oto^^^^^'^lt SnS shall pass two f^ll^f^^Tcre of sickness, ?;??!... out acting as a pilot (unto m ^.^^ f^„^ feit his license. uee^seto 35. Every licensed pi^P^l "^ett, STS-prived of his li<^-;j'^„„Ti^u2„se to th; rr° BhaU produce or ^hv^ up ^ ^^ authority by whom ne r ^^^ prived or «o°'F"«t,*<'.S' the person into Seath of any licensed P^l"*' ^''^j^Ph without hose hands J-J^^^^ ^:\lority of the delay, .""^ , . \ f„;ig to comply (proof whereof shall lie on ^}^')J^^' ^^ ,{J\ ^^th any -<7^°*^,1 £g tty ^°"*" ' incur a penalty not exceeam^ ^ ^^^ and any "court of ^T^^^^y-^'tr summary besides inflicting such penalty, by \ 36 Vic. whom he s services i the em- to such )duce his by whom leglects or I, for each ling forty pension or f whom he I pilot who years with- of sickness, lission from t) shall for- aded or de- id to retire, cense to the ided or de- and on the person into ball, without thority of the v^as licensed ; jonable cause ails to comply tion, he shall forty dollars; g/jietioii may, by summary 1873. Pilotage, Chap. 54. 29 order, direct such license to be forthwith delivered up to such authority. 36. Every licensed pilot shall, on attaining Pilots es the age of sixty-five years, produce and deliver I|e"o1e- up his license or branch to the pilotage autho- {JSr "^ rity of the district to which it extends, who "«^»«««' may grant him a new license for one year, and *'* so on from year to year. 37. The names and addresses of all licensed pilots shall be published in the following man- ner : — ° (1.) Every pilotage authority shall, from time to time, and at least once in every year, prepare a list of the pilots holding licenses for their pilotage district, specifying the name and usual place of abode of every pilot holding such license, and the limits within which he is licensed to act ; and shall transmit such list to the Collector of Customs at the principal port within such district. (2.) Every Collector of Customs, to whom ^"d posted any such list is so transmitted, shall, cSstL immediately after the receipt thereof ^'"'''• cause the same to be posted up, and shall always keep the last received of such lists posted up at the Custom House of the Port. (38.) Each of the pilotage authorities of ^«?istep of Names and addresses fi- of all licensed \ pilots to be pub- .*.,' lished. ■•:'• List of pilots to be % transmit- ted to ..)' Collectors of Cus- toms. 30 Chap 54. Pilotage. 36 Vic. ucense. , Quebec, Montreal, Halifax and St Johu sha^ -t'SSciuse every pilot's li^n^e Kok tobe kept P'— authority to be registered m a ^o ^^^^ for that purpo^ mAe ^ce^o^^ shall at all authorrty ; ^^nd ^very ^ ^ ^^^ ^ Seilr tPt without fee or reward. Retired (39 ^ Every pilot compelled to ^^^^^^ (^39.) r^ve y P ^^ account; ol age or ,„,ea ^ (39.) Every pilot '^^V-^'^^^t of age or ^;irwr the provisions of this Acton '^^ ^aow la child- P J^„t„i nr bodily infarmity, anu c J . , , the provisions of this Actou ^^^^ - ^^^^ ana *M- „f J j^i or bod'^y^''"^ shall be'entitled er -""i ^^iM^onTiisLce a. the pUotage pensions, to such pcnbion ^} ^ , f ^hich such authority of th« /^^f^^^it proper to grant trict, if any there be, RIGHTS OF PILOTS GENERALLY. .„o,.ees 40. No pilot shall ^ho^J^W^^^^ Sr« taken to sea or beyond the to^tsi r.Jil."' is licensed m any sh^ ^^Jateve^ ^^.^ pilot so taken, shall Dee .,^ dues ^ge, and over and .f °^^. ^'^^e^gani'of two otherwise payable to him^ the .^^^^_ dollars a day, to be comput^i tro , ^^^ siveof the dax °» ^i^ntgS te^^^^^^ her, limit up to ^^hf^/;jf4Ser the day of his and up to and incusive oi ^^^ ^^ being returned in the fid snp ^ ^j^_ whe?ehewas f ken on board ot ^^^^ ch^ged from the sh^, at a distance ^^.^^^ ^.^^ ftmr-ri;^ueh la.t mentioned 1873. Pilotage. Chap. 54. 31 case he shall be entitled to his reasonable trav- elling expenses by cabin passage or first-class conveyance by land, as the case may be, over and above such pilotage dues and other sums. 41. In case a licensed pilot is placed in^"^*^*"^^ quarantine, owing to his having been taken on t'aiS'fn" board any ship, he shall be entitled to suitable ^"r' board and accommodation, and over and above the pilotage dues payable to him, to the sum of three dollars a day, from and inclusive of the day on which he is placed in quarantine up to and inclusive of either the day on which he is discharged therefrom, or if he is discharged at a distance from the place where he was taken on board, such day as will allow him sufficient time to return thereto ; and in such last men- tioned case, he shall be entitled to his reasonable travelling expenses over and above such pilotage dues and other additional sums. ne has undertaken to pilot as soon as such ship ^'-^.'S^p is finally anchored or moored after completion hil'«n- ' ofher voyage or removal, as the case may be, ?opfior or as soon as she passes out of the pilotage dis- trict to which his license extends, whichever may first happen ; when the service for which he was hired shall be held and deemed to have been performed. 43. A pilot deprived of his license, or sus- ^"^^"nt of pended or condemned to pay a penalty for cZll\j having caused damage to a ship, shall not be demn'd entitiCu to any pilotage dues if the amount of Jj^\^^ ^^ vi I ^r ! 32 Chap. 54. ^^^^^^ 36 Vic. 1 *„ r.r pxceeds that of such aeduoted such damage 18 equal to or^ ^^^ from hia ]..„„ „„v if \t IS leSS, tO ",'""= ^v,„,. ^f siich aeduoted such damage isequal to or^ ^^^^ ^^ from hlB , _„y if it IS leSS, tO Uioic j^ pilotage dues, noi, , ^ (jyer tnai oi - U. of the amount oi ^'^''V.^. ^f this section shall damage; and the prov^wm o . be deemed to be referr^ ^^ -^jature of the late six of this Act of *^^|'?^ the twenty-third Province of Canada, passea ^^^ ^^^_ M of can- e^ of Her Maj^ty s ^^^^{^^ . An Ad to t^r^lreA and twent5.*ree^nt^«|,;^ ^^ Ear- bmr of Quebec. When THE TIME Bl^ii^^ V.V. ,.„ 44.1fany^h<..torBhiphav^|-^^-J: i^^ licensed pi^^Vi'S t Buch last men- able to licensed pi^ot on Doaru ^ . , circumstan- rifbe tiS ship cannot, fr«" I^^^ing such last- Xr;U be boarded, tb^pilo^sojad^g, for lead- .^p' tioned ship shall oe ^i ,^ ^ ^^^ '''■ ^loSe dues for tbe ^^^^^^T such ship ; LualUeen on W ^d p ^^.^^^^ioned and such pilot while »^»ng ^^ g^^h ^hip, Jkeep^P^^itu, whSfbllng so led Srr:SASsbipatherfore., ^ ,e„au.«n 45. In case any per^" pUg a^^^P^ ^a^- dollars. 1873. Pilotage. 3f such excess of such on shall twenty- the late ity-third )ne hun- n Ad to he Har- ,OTAGE E PAY- ; IS FOR [LSORY. )n hoard a has not a last men- •ircumstan- such last- o the full i if he had such ship ; b-mentioned y, and such eing so led fore., jhip, in any is not a h- ces not pro- ction of this alty of forty Chap. 54. 33 46. Any person may, within any such pilot- ^ oTtZh age district for which he is not licensed pilot "i^»censed without subjecting himself or his employer to mayTtaa any penalty, pilot a ship under all or any of the ^"''*'- following circumstances : — (1.) When no licensed pilot for such dis- ^** p"**** trict has offered to pilot such ship, or made a signal for that purpose, al- though the master of the ship has displayed and continued to display the signal for a pilot in this Act pro- vided whilst within the limits pre- scribed for that purpose ; (2.) When a ship is in distress, or under i>istress. circumstances making it necessary for the master to avail himself of the best assistance which can be found at the time. 47. A licensed pilot may, in any such district ^^""^^ ^/ ^*- upon showing his proper signal and exhibiting Sto his license, supersede an unlicensed pilot, but uXll' the master shall pay to such unlicensed pilot a ^^ p'^^** sum m proportion to the distance run for his services, and deduct the same from the charge of the licensed pilot , and in case of dispute, the jpilotage authority of the district for which the jlicensed pilot is licensed, shall determine the 'proportionate sum to which each party, is en- itled ; and if not so superseded, the unlicensed )ilot shall be entitled to be paid the full pilot- m ,.,ii«3*W*a 'I >'i. 34 penalty on unlicens- ed pilot contin- uing in charge , after arn val of li- censed pilot. penalty for moving ship at Quebec, without pilot. 36 Vic. R/i Pilotage. Chap. 54. ^^ 1 -1^+ xvVio continues in 48. Any unllcenBed v^ ^^^ district aft^r the charge of a ^^^'P '" ^^f^ aforesaid to take a licensed plot ^f ,f ^'f g^^h offence, incur a charge of her, ^^^^^i^/^^/hundred dollars,-." penalty not exceeding one ^^ llefoultof l?y'"il; period not exceeding mitted to prison for any V one month. •, . X „f fl ship not being 49. In case any '-^^;/,:,^ sWp, or causes an exempted ship, rmov^ ^^^ p^ to such ship to. ^f. fSour of Quebec without another withm the H^b^ ^^^ .^^^ ^low the assistance of ^ ^^^^^P ^^^x\ pay^to the the Harbour ^fg^'J^^nd below the Harbour Corporation otPdote for ana ^ ^^ ^a of Quebec the same Pdo^age ^^ ^^ have been liable to W )_ ^ iiots ; but this . ance of one of such l^<^^^^^t^r of any ship provision shall appy to the m ^^ ^^^ Ltually P^rt*^"lSo?Q^rbec, in charge of a PILOTAGE DUES. What per. 50. Where Under the provi^ons^o i-^ r?irany P'^o^^^X rfUng persons sha^ respect of any s'^iP'.^T . that is to say.-the be liable to pay such dues ^^ consignee ^vner, the master, and the ^ g .ecogm^ecl o^ ^g-* tT ntCtoneys in his hands Sron amount of such ship. | pilotage dues. 6 Vic. 1873. Pilotage. Chap. 54. 36 be com- iceeding ot*bemg or causes place to c without md below ay to the i Harbour \^Q would the assist- ; but this >f any ship ► elsewhere harge of a iiebee. ^ of this Act le by or in persons shall , to say,-— the ^ed consignee 1 recognized in his hands ige 61. Every recognized consignee or a^ent of Consignee a ship not being the owner or master of such IZT ship may, out of any moneys in his hands received wmseif"' on account of such ship retain the amount of pilotage dues so paid by him, together with any reasonable expenses he may have incurred by reason of such payment and liability. 52. All pilotage dues may be recovered as a^^^^^^rr debt due to the pilot or corporation of pilots SiSl'^' or pilotage authority, as the case may be, to whom the same are payable ; and all sums made payable to a pilot over and above pilotage dues shall be payable by the same persons, and re- coverable in the same manner as if they were part of the pilotage dues payable to such pilot • but the mode of payment of pilotage dues in the pilotage districts of Quebec and Montreal shall remain the same as before the commence- ment of this Act. 53. Whenever any difference arises between Settlement the master and the licensed pilot of any ship ^Lt'Sto trading to or from any port in Canada, as to tulfu^ lier draught of water, the pilotage authority at such port shall, upon application by either party I ^^^?>— m case of a ship inward bound either WTthm twelve hours after arrival or at sometime before she begins to discharge her cargo, and in jthe case of a ship outward bound before she u^ u^^ moorings — appoint some proper person vho shall measure the ship, and settle the dif- ference accordingly ; and there shall be paid to the person measuring such ship, by the party tgainst whom he decides, such remuneration for n 36 I M'» >• m. Chap. 54. P^«>-^«''- hisservicesasthe pilotage authority mayappcnt. ».5r^' wfter, or ^mself mate or « F^J^ ^^ |^ other person making » *»ff ^ n i„eur a penalty pilot i to ^'^f £^^*ixtiing doXle the a member. ««^r Tiprson interested in ,„.„,. 0. 55. If a master or^y F^' ^^^ing of a SS'"^ a ship ^kes or « privy t ^^^ «» »"p. fraudulent ^t^'^^^Xshh) denoting her draught or stem post of such ship, ae ^ ^^^eanor. of water he shall be guilty oi Penalty for falsifying marks Employ- ment oi pilot not to be com- pulsory. Compulsory paym't oi ues in certain districts. FREE PILOTAGE. 56. Ai^rl^ecomn^n-ent^^t^anT^^^ owner or m^ter of any ^^J^P^^^i^.'hi, ^hip into •be compelled to ^^''yj'^hLnding any Act SrU^S^-nt of a pilot compulsory. THEREFROM. ^.p ^-v.o T^ilotaere districis ui v^^ ^ '^ ^^intfiP-e Halifax or St. JoJan, oi I 1873. Pnx)TAGE. Chap. 54. 37 district within the limits of which the payment of pilotage dues is, for the time beinj, ^made compulsory by Order in Council under seSn (1.) Such ship to be on her inward voyaire Si«oi»i «- and no licensed pilot offers his ser- "'''"""'• vices- as a pilot, or (2.) She is exempted under the provisions ot this Act, from payment of such dues ; And if such ship be on her outward'^""""'" voyage and the owner or ma.ster of such shn '"''"• does not emp oy a pilot or give his ship into5?J charge ofa pilot, such dues%hall be Jaid, if in the pilotage district of Quebec to the Corporation of Riots for and below the Harbour of Quebec ana if m any other pilotage district to thl p'lo^ age authority of such district. ^ exemnt.^\\-^'''!T'';F l^^ ^^^"^ '° ^^is Act ship, e.. mrypiSiiSL^^-p^^^-pay- E3. such dues. (1.) Ships belonging to Her Majesty; (2.) Ships wholly employed in her Majes- ty s service, while so employed, the masters of which have been appointed by Her Majesty's Government either in the United Kingdom or in Canada ; tn ^ ci,: I C_F-. r L IB Z I v^v Ships propeiled wholly or in part by :.„Mi;ill 111*!****'*- 38 K A Pilotage. Chap. 54. 36 Vic. 'st.am,traaing or employed on ^voy- ages beginning ^J^-J^ ^nd ending Scotia or l^ew Bj^"^;;^ ^r any port at the P?^t.f,^I!2 of America, on in the U«it«d StateSf o^ ^^^^^ ^^ the Atlantic north oi mce versa; (4) Shipsof not more than eighty tons, ^ ' registered tonnage; T • fV»P Dominion of (5.) Ships registered J th^^^ hm,. ^:t:J m^r.., r.^^^^^ ^^- nage ; 1 . ^ which the master or any (6.) Any ship, of "^^^^^ ^^nted under she is then navigating • n°"^„? Provided always, that s^^'^^^'^tage district of S5-S Jeetion sh^l not ^V^Z.^.t\^V^, ^"^- iS;m;iy>ter£by^^^^^^^^ tois to be made ^Y f f^'c^i, the class of val of the G^tTexempted from the compid- vesselsthataretobeexmp ^^^ „t the =orv payment of pilotage iZisioLofthisAct. ^ , . . .,,r^-« at the limits of any ^Sit,£cttwhL&;W--fpilota.eau.., orized by 1873. Pilotage. Chap. 54. 39 for the time being, compulsory and within any certificate part of which she is an exempted ship under the h'er^'lo' sixth and last paragraph of the next preceding ItLl., section of this Act, or is at a distance of fiye afa^'dis" miles at least from the mouth of the harbour in t^ktin" any such district mentioned in the certificate of paymei?' her master or mate, (whichever soonest happens) tfst^^' such master or mate shall hoist a white flag not ^^™p"^- less than four feet by six feet at the main top '''''' mast head, with the number of his certificate, in black figures six inches long, in the centre as a signal that the ship has a certificated master or mate on board ; and every master or mate hoist- Penalty for mg such flag without being authorized so to do vSi. at the time and place and on board the ship when and where he hoists the same, and every master or mate neglecting to hoist such flag when and where he is authorized so to do and not accepting the services of a licensed pilot shall incur a penalty of twenty dollars; and every ship on board of which such penalty is incurred shall be liable to pay as pilotage dues the same sum as would have been payable to a licensed pilot if the services of a licensed pilot had been obtained or accepted ; and all such penalties shall be payable to and recoverable by the pilotage authority of the district. 59. In case the master of an exempted ship not belonging to Her Majesty, nor wholly em- ployed m Her Majesty's service, having arrived within the limits of a pilotage district in which the payment of pilotage dues is, for the time being, compulsory, Exempted ship not belonging to Her Majesty, nor whol- ly em- ployed in Her Ma- lei*!***-*" "**'■-'-'■ '^ m > mmmin*Mmmm ^-^ 40 Chap. 54. Pilotage. 36 Vic. jesty's ser- vice, liable to pay pilotage dues in certain cases, by way of penalty. xovisions Inspecting non ex- empted ship ar- riving at a district in which the payment of pilotage dues is compul- sory. Sig- nal to be displayed. n \ -nknlavs and continues to display the ^^•^ SC a pilot in this Act provided SL vithin the limits prescribed for Kln^Suere of sLh signal: Or, (2.) Withoutdisi,laying or chinning jto ^rSId for that purpose emplo). any person not belonging to his crew ■a Lt lipinsr a licensed pilot, to pilot and not Deing d. ii^ „,v,pthpr or not a services had been accepted : 60. When a ship M-Z^^UL^of^pS arrives at the limits o ^ the time being, effect : 1 TTntil a licensed pilot has come on 1. until a. Ai ^ ^ w 1-"'= riQ«ftpn a board or until uie slup "- P^— IC. he 2d, for the ing 1873. ; ^^ this mits iloys 3rew pilot Qot a jes — pilot- m of lebec, of the jvould if his mpted pilot,) i(^h the being, 11 have )me on etssed a Pilotage. chap, 54. 41 point, line or ,,lac^, from time to time Axed m this behalf by the pilotage authority of the district, the shKdl thftr' signal for a pi J T!^ this Act provided; and the master thereof, upon sighting a pilorboat TTl^ f ^\^ pilot flag Ir piff ights to t Tf tC^h-'^r^^^^^^ ^^ heav^ingL.i„,to. to, or, if the ship be a steamer stoo- ping his engines, or by any other practicable means, facilitate the comin J Z ^T^ ""ut^^ P^^^* ^' «"« of thTp"! dS til -1 1^' *^ P^^ ^ pilotage '^'^"^^• dues to the pilotage authority of the trict of Quebec, and if it be, then to he Corporation of Pilots for 'and be- low the Harbour of Quebec, a sum not exceeding the amount ofpilot^c^ Pilotage dues pay- able in cer- 2. If the master of such ship— (a) Does not accept the services of the '^>^'"^^' first licensed pilot who offers by st nal or otherwise, his services ; or ^ (6.) (In case there be two or more pilots offering their services at the same tnne)acc^^pt the services of such one att \ r ""^y- be entitled by the law or regulations tor the time 'being 'i„ 42 Chap. 54. Pilotage. 36 Vic. And to ■whom. force in such district to have his ser- vices accepted ; or r^^ Having signalled for a pilot, docs ^ not 3t the services of any licensed ^UoSing them in conse (10.) Refuses, when requested by the mas- ^ ' t«r, to conduct the ship on board of which he is into any port or place into which he is licensed to conduct the same, except on reasonable ground ot danger to the ship ; or (11 ) Quits the ship he has undertaken to ^ ' pilot without the consent of the master before the service for which he was hired has been performed,— ummyu, such pilot shall, for each offence, i^^ «ffiti°\J^ *5r" any liability for damage, mcur a PTi"^* P*"»"^- exceeding two hundred dollars, and also be Ikwfto suspension or dismissal bv the pilotage auSorSy ofVe district for which he is lice^dj ^ -l «rV.o T^rno.nres. abets or connives and every jjcidvix ttu->^i-- / T any 'erson on 1873. p„^ Pn-OTAOE. Chap. 54 hundred dollars andin ^ u ■ **^ceeding two be also liabl to'susp " r^'r""^"'^*''^P'loC IS licensed. ^ "'**""' ^or ^''hich he the purDo^s^f.ri?!*'/''''? "" board any shin for P«»»»y on of dSt;^'oTb:r£:oV'T''^^ breach^rneK «^"n. J reason of drunkenness, eithir fr'C^'l - J ^hip^oTKr ir edSf f endanger the life or Jimh!;^ -^ *'' on board such ship, r ^^ P"''"" 1^0 Refuses or omif-« fn ^^ i « Foperand r^liS t^Ttn'^b"* h,m for preserving such shin f. , ^ destruction, or serins d!n,^ °™ 'T' preserving 'anrneion ir^?' *''• ^O"" on board of suffi? ft "?;°« *° °'' life or lin^b, hth^teth ^uK" for a period n'f: '" "«Pri«onment for which he is licensed ^"*''"'' 72. Ifany person, by any misrepresentation Pe..,.. „„ person en- <9 PlI^OTAOE. 36 Vic: 50 Chap. 54. dangering Qf circumstances upon which the safety of a ship mtn'lfre. rpay depend, or by using a license to which he SciSum- is not entitled, becomes emuloyed or endeavors stances. ^^ ^ employed to pilot such ship, or enables or endeavors to enable any other person to be so employed, or obtains or endeavors to obtain for himself or any other i)erson the charge of such ship, he shall, in addition to any liability for damages, incur a penalty not exceeding two hundred dollars, and, if a licensed pilot, shall also be liable to suspension or dismissal by the authority by whom he is licensed. Penalty on 73. A Hccused pilot demanding or receiving Silnding any sum in respect of pilotage services greater Jn'/'mor^ than the dues for the time being demandable by than his law shall, for each offence, incur a penalty not exceedmg forty dollars. PILOT BOATS. 74. All pilot boats regularly employed (else- where than in the pilotage district of Quebec) shall be approved and licensed by the pilotage authority of the district, in which they are em- ployed. 75. Every pilot boat, wholly or partly decked, shall have the following characteristics : (1.) On her stem, her name, the name of the owner, or (if owned by more than one person) the name of her manag- ing owner, or (if owned by a corpora- tion) the name of that corporation, legal dues. Pilot boats to be licensed. Character- istics of decked pilot boat 1873. Pii OTAGE. ^Jw]). 54. 52 and tile jH)rt to which shn K i (2.) In all other parts -i hi,, i . «•'"'• or colon, Tlh' ; ™^'' «tf'er tJ>e Minister, diSte^ ^ '"""*'"' "^ the lower horizonte] half J ^'?"^ night two lights An 7k- *' '*"*^»' upi>er hVht wh.frTk . °*''^'". the «"'eh pilot aZr or 'Jt ^T^" ^'^ht ml, «r on a sprit oSff'*? '"««* head, /eckeJ^i'TonoafshllPL ""'^ ^''""^ »' partly B«P<.n- folWinJ particlS^i'^ '^P^^^hle d tZ fc cernPfl of « .1_^ ^ *^ ^e easily df«- - ' «. a X uasouabie distance f ~~ ▼ 52 Chap. 54. Pilotage. 36 Vic. B i IW tf^ (6.) That the names and numbers aforesaid be not at any time concealed or al- tered ; Penalty in ^^d if dofault be made in any of these particu- defauit. ^^^^^ ^^ ^^^^^^ ^^^ ^^^^y g^^j^ offence, incur a penalty not exceeding eighty dollars. Character- 76. Evcry pilot boat, neither wholly nor part- ope^piiot ly decked, shall have the following characteris- ^**^- tics:— (1.) On her bow or stern her name, the name of her owner, the port or place at which her owner resides, and the number of her license, painted in white letters, at least two inches long, on a dark ground ; (2.) When afloat during the day-time a flag (in this Act called a pilot flag) of large dimensions compared with the size of the pilot boat, and of two colors, the upper horizontal half white, and the lower horizontal half red. Kesponsi- And the master or person in charge of every u^l?! such neither wholly nor partly decked pilot boat shall be responsible for the followmg par- ticulars : — (a.) That the pilot boat possess all the above mentioned characteristics, and that the pilot flag be kept clean and i?_x* X ^^ «n. +/-.. Vvrk £ioc!ilx^ rlicnprnpd at ClititllKJt, »u ao I'V f^^ K,iMDi.i.j Vi»,jvy>^* 11— * -*w a reasonable distance ; . 79. pilot ( the ov for ev< 53 1873, p„ Pilotage. chap. 54. (*•) That the namps »«^ i said be not aHnv ? ""^"'^ ''^o'-''- altered ; ^ concealed or -A.nd if default Hp a * ticulars, he sJial] I ^ ^^ ^^y of these mr-.^'''^^^y eighty dollar. * P^°^"^ «<>' exceeding %^Xdi;';:d^rd^^'>ip«hf permit such penalty not e^c^Sg"et% f itrs!'^" "^"^ 7^ ■trri of his' calllngTpi] Jh"^ l^'H •V'"' ^^^'•^se ".-.-«> p'- ?ot in the pSoteleiervfr f'u ?, ^^ ««• «hip Mb?."p1L\ ;?g the da/tliS dIK '•'J'" "^^'•''t dur- ?!,ir lights, in order Lff. i^^' '"'** ^' night pilot "■»'«!• h£ a licensS piKnTh' «"«h boater ^hTp ^Ct do so, without ?easonaht "* ' ^'^'^ '^ ^^^ f^l« to ?hall lie on himThe s£ll T"" ^^'"^^ ^^^reof ncur a penalty nofeS- r""^. '""^ "^ence lare. ^ -^ "*** exceeding two hundred dol- pilo^^Jloarfliivf; "f.^^^^-^g alieensed the owner ortS^^^^^SlS^:'-^!'?*^'!^*^ for every such oiFencein^urapr.U!,!^^? '^^' -"S two Hundred dollars. '^^ ^^^"-^ Qv^teiceea- Penalty on boat or ship not having a pilot on board, dis- playing pilot flag or pilot lights. 54 Chap. 54. Pilotage. 36 Vic. PILOT FUND. contribu-^ 3Q Every pilot for and above the Harbour of Montreal Quebec, shall continue to contribute to the pS^ Montreal Decayed Pilots Fund, five per cent. ^"°^' out of every sum of money he shall be entitled to receive for pilotage, until the Montreal Harbour Commissioners by bye-laws other- wise determine ; after which every such pilot shall contribute to the said fund, so much — not exceeding seven per cent, of all moneys, to which he shall be entitled under this Act for pilotage, as the Montreal Harbor Commissioners may, by bye-laws from time to time determine, contribu- 81. The Treasurer of the Corporation of S'piiotPilotsforand below the Harbour of Quebec, qSebe?! shall pay over to the Treasurer of the Trinity House of Quebec, on the first day, not being a Sunday or holiday in each month, seven per cent, on all sums received by him during the then next preceding month for pilotage dues or dues for other services for which the pilots' tariff allows pay, earned by members of the said corporation ; and may, from time to time, ex- amine any such member on oath (which oath he is hereby authorized and empowered to admin- ister) as to the amount of any such dues received by him; and all sums received by the said Treasurer under this section shall form part of the pilot fund. ^Ifot^'gir 82. In case any pilot, by or upon whom any acfounf^ contribution to any pilot fund is to be made or earnin levied in proportion to his earnings, under any 84. any pi Ployed sums ( existing which I beinvej ment se Council 1873. p„ Pilotage. chap. 54. forfeit doubl le;S„tr'"'"*i""' ^' S further be liable at X ll?" I'' '"^ '^^^^ /'-"s^rpSiTutLT^^^-p^-es incur in the Lm" • f *^. "^^^^ ^uly fund; «^'n«u'stnrtion of such (2.) Then in the Davmnr.^ p tt^ whi at*^ p"ot.''it„s t; the widow ™5ch£*^r> T^ "^ licensed, or of >,nnh- . P'^ots so onJy. ''^°^'"«'> ^"capacitated pilote anypilot'fu.rKrshannorT ^^T^'^'S to investment ployed in such paymente as ,f ""^l **^^° em- ofS'"' «unis of mone/ CI ^f^'^T^' '"c'uding '-S' existing at theVmme2Z''f f .?'«* fund! ^hich reinvestment mav^Z °^ *^'« A«t of b« 'nvested in DomiS tr "'.T^' ^^all iwent securities «n^l" ". ^''''' 5«" "'her Govern. ^Wil, in the n^eTth^p £ "^^^^^'i- "'e piJotage authority 55 56 Chap. 54. Pilotage. 36 Vic. to the Corpor- ation. having control of the fund to which such sum of money belongs. CORPOEATION OF PILOTS FOR AND BELOW THE HARBOUR OF QUEBEC. ^dT?ec?or8 85. The Board of Directors of the Corpora- toap^^int^j^jj Qf Pilots for and below the Harbour of move mas- Qucbcc, shall havc powcr from time to time, to schooners sclcct any of the pilots, members of the said ^^^•^"^^"8 corporation, to be masters of any schooners under tjfieir control, and to remove them ; and any such pilot so selected shall be bound to serve as such master until removed as aforesaid under a penalty of one hundred dollars, to form part of the pilot fund, and to be sued for and recovered in the same manner and form as other penalties incurred by pilots. Penalty on ^Q, Any pilot iu chargc as such master of a schooJe?^ schooner employed in the pilotage district of o'rS"^ Quebec, may be, for neglect or omission m the {jjl^o^do ^jjg(.jjaj.ge of his duties on complaint brought as'such^ against him by any party aggrieved, condemned by the Trinity House of Quebec to pay a fine not exceeding forty dollars and costs,— to be sued for, recovered and applied in the same manner and form as other penalties incurred by pilots. 87. The Board of Directors of the Corpora- tion of Pilots for and below the Harbour of Quebec shall have the power to pay out of the funds of the said corporation, to each of its Di- rectors, and shall pay to each of the masters of Power to pay direc- tors and masters. V ( 1 g P r si 89, cense( 57 ''''■ P^^^*^-- Chap. 54. income of the S'^co'^i;' ^'"^ '" '""^ -* gaSn tn le*' rTv'" W%^" '^' navi-o..™.„, Quebec, there shallbe o„ dutv 7^"" '^'*'^ '-"^' »- present at one of the pilot Son" /"^r^."^ ""-"»« Directors ofthp«a;^^ sta.tions, one of the p"»t shall be- corporation, whoseduty it ^'""'""• (1.) To enforce U,e execution of the duti« in regard to the embarkation and ds dSt;x^^ SIT' ^"^ *^^ -- board theSsroon^r""'" ''" ^^■'* '''°. ^^'uP ". J""'""'!' of occurrences and erll"l"r{.^''-"-ofa:rscC- Is^^^^nd^ti^S '\*T ^'^'^ andevervHml k f"''^ absence snph It^ "^^^^ *"«* place where ot time she remains at anchor • a„<\ the journal or conv r.f tl,„ • ' . Journal of such n.v„ <. ,Py, o* the journa of such ~h?rtisS^^^^^^^^^^ "''^"'""• tors to the Trinity House of Q^ebect APPLICATION OF PENALTIES. 89. Every pecuniarv censed pilot for an offelj 8 i--wt*xi,> paid oy a Ij i-enaities •ice against the piwi.;io„s K^gf to pilot 68 Chap. 54. Pilotage. 36 Vic. Inyjt^SL ^^ *h>8 Act, or a breach of any by-law made un- Shew ?o ^®^ *^^® 4^*' ®^^^^ '^ P^*^ ^^^ »"<^ ^*»rm part b« applied of the pilot fund of the pilotage district in GoYeJnor which the oifencc or breach has been committed in Council if ^ny there be, an if there be no such fund in reel. such district, shall be paid and applied in such manner as the Governor in Council shall, from time to time direct ; and every pecuniary pe- nalty paid by any person other than a licensed pilot for any such offence or breach, shall be paid and applied in such manner as the Gover- nor in Council may, from time to time direct, except in the pilotage district of Quebec, in which every such last-mentioned pecuniary pe- nalty shall be paid into and form part of the funds of the Trinity House of Quebec. ti b O] C( LIMITATIOlSrS OF SUITS AND PROSECUTIONS. No^s^t, Ac., 90. In no case shall any suit be brought or brought proceeding be instituted for the recovery of any t4rfve penalty or the infliction of any punishment for from com- ^^y <>ffence agaiust the provision of this Act or ^j^ionoffor any breach of any bye-law made under this Act after six years from the date of the com- mission of such offence or breach. ^da'Jfse as ^^' Nothing in this Act shall be construed to to^TrinUjrgive powcr to the Trinity House of Quebec to Quebec!* make regulations respecting the management or maintenance of pilot boats, or respecting the .•^fflsr.ip.ssisc^ti'^yg^' 1373. p, . . , <-«ap. 54. for as relates to the ^^^.w* f^ *^**P* « ^ fund. ^ adminstration of the pilot the thW SchSute heS^/*'*^ mentioned inBepua, by repealed, as are Sr^f^r^^f*** *^ here- "='*""• of Acts and proWs£„n "*''^' '^'^ ""^ Parts consistent .1 thf^ot o" tS^S"' "^ 59 60 Chap. 54. Pilotage. 36 Vic. FIRST SCHEDULE. FORM OF LICENSE TO PILOT. Dominion of Canada. Pil')tage District of , We being the pilotage Authority having by law Sower to examine and license pilots for the pilotage district of , o hei eby cerlify that of , having been duly examined by us, has been found in all respects duly qualified, and is deenied by us to be a fit person to undertake the pilotage of vessels of every description, within and throughout the said pilotage district of , and on this day of A. D. 18 , is by us licensed to act in that capacity. This license cannot be lent or transferred. Age. Description of Height. Complexion d^^-'Ac of Color of Hair. ^ 't/vK Color of Eyes. / Marks. Kemarks. SECOND SCHEDULE. FORM OF PILOTAGE CERTIFICATE. Dominion of Canada. Pilotage District of , We , being the pilotage authority having by law power to license pilots for the pilotage district of do hereby certify that of Master [or Mate, as the case may be] of the , having been duly examined by us, has been found in all respects duly qualified, and is deemed by us to be a fit person, to undertake the pilotage of the said and of any vessel of her class of which he may be acting as Master [or Mate, as the case may be] at the time, but no other, within and throughout the following limits in the said pilotage district of , that is to say [here describe the limits], and on this day of A. D. 18 , is by us licensed in that capacity. This certificate is good for one year only, and cannot be lent or transferred. /'ic. r law duly dby tiun, this 3t in 1873. Pilotage. Chap. 54, 65. rks. 12 Vic, c. 117.. law ■tify the •ects ;e of ting and l. other p^.,S ^-^-' -d ror| tyJt^p^^KiZ- fSttnltSK cha,tr^^ ""^?' th^S ^aige or bein^ th^ means of their sJsta ?,! iwenty-five, twentv^iv ty-nine, nfty, fi^y!£r e«"fiW^"H^e, fiftylsev- >3*MVio.c.95|A„ Act tj am»a the Act „,.„ a^iF»"«">^ ' Of the ProvinSal Vitli^* ^.^^O" intituled: ^nX/n*'"?"*' and last seSioi, S?lH'"«-*«ofthe vessels belSCinTf. ?* °'»S«» <><1 fourteen, relative tSth^"'*'"^ ^^'J dutiesof the TWnf?^^ P^'^®'^ and bee, a.d foroS2?pt?^;S' ^^H« ■^" "?wt^AL%Taro"/^S^^^ intheH^- ^^^ -' «'' ^oldin^ a Iicen«P «« t>.i the same to the Filnt^ f ^.^'"^ J^'^", shall for Si ^ ^*^^* Act of 1873, andXiiTf f"''??"^^ «^ «^- Jo" 1/ t'^S??^^' Pilot for the Pi W. '"''^.^^''^.^7 licensed applvin^ tn K r mg vessels as an Ir^J i^^^ *^ Europe and back in fifif ' • ^ .^^^^* vessel appearing off or withi?, Ih. •. '"" '*'•'''««« '« any ,hi„ „, "'fused »hairb^enlV"f7'«? *« ™eh sl.ip or ves,e° !?,I%?.r"ff eiea«/.. !?. p '^"'^ ''"•"'d after «„„K „u?L'"' ^'^'■^•9^8 to any ---■-.... Cusu>.Honse, and before-G;-X;^^t,tthS 64 BYE-LAWS. licensed Pilot being on boanl or engaged to pilot out such ship or vessel, such Pilot so offering shall be entitled to demand and receive the pilotage dues in like manner as if actually employed ; and if any licensed Pilot shall have been previously engaged, such pilot so engaged shall be entitled to demand and receive the pilotage dues, whether afterwards employed to pilot out such vessel or not ; provided such licensed Pilot shall be in readiness and offer to take charge of such vessel when taking her departure. 4. Every licensed Pilot shall be the registered owner of not less than four tons of a licensed pilot boat in actual service, of not less than thirty tons register, under pain of suspension of his license, ex- cept as hereinafter provided for tonnage of vessels now used and au- thorized by law. 5. Licensed Pilots to be entitled to. and receive the amount of pilotage dues, &c., earned by each individually, less the percentage, as hereinafter provided. 6. The Senior Pilot in his turn on board a licensed pilot boat must board the nearest vessel signalling or asking for a Pilot, or exchange turns with one who will do so, unless there should be a vessel in sight with a signal of distress flying, in which case the Pilot on board the pilot-boat whose turn it is, must be put on board the vessel in distress, or exchange turns with one who will do so. 7. Any Pilot, piloting a vessel from sea shall be entitled to pilot her to sea when she next leaves port, unless on complaint of the master or owner, or agent of the said vessel the pilotage authorities 8. On proof on oath to the satisfaction of the pilotage authority that any Pilot licensed by them has been guilty of any improper conduct, drunkenness or wilful neglect of duty, or that he is in- capacitated by age or mental or bodily infirmity, said Pilot shall be suspended or deprived of his license at the discretion of the pilotage authority. 9. The Pilot shall report to the Secretary at the Pilot Office of the Pilotage Authority on the forms furnished him, the name, tonnage, rig, nationality, where from, draught of water, &c., of every vessel piloted by him from sea, where boarded, and what extra services, if any, were rendered ; to which report he shall if possible obtain the master's signature. He shall also report all vessels spoken by him which have refused to accept his services, and shall also report any causality or accident that may have happened to any vessel under his charge, or any other matter of importance connected with vessels coming under his observation, and shall also report when any of the bouys are not in their places, or any of the light-houses r^f^t l?o.iifpH at t.hft nroner time, or focr whistles not sounded in thick .xw. lighted at the proper time, or fog whistles not sounded in thick weather, which report shall be made above, immediately after his not KniitHa urill TIPrTYllt.. BYE-LAWS, 66 10. The following vesiel« »r. . i pilotage: All vesncls reSerTin ,^ *""?P'*'' f™"! eorap„l8orT H-bour ofsS,tlt°Xa;d^/,'^^« "-'-t of the Port „, Manan nI W^orXrthaE^s''* North Head, «™"1 m.