M "irJ^ -^^ .o. IMAGE EVALUATION TEST TARGET (MT-3) ♦ .« // ^ «?^% 1.0 » Oi 1.1 bim 12.5 lis' ■'^ 1^ 12.2 •« • — n2.o I 1.8 » ■ ■ * ■ L25 ||||U |i.6 ^ — ^ — 6" = — — ^ ♦• 1 ». «,. PliulogiapliiL' Sdenees Corporalictti 23 WEST MAIN STREET WEBSTER, N.Y. 14580 > (716)872-4503 L^ ClHM Microfiche Series (Monographs) IdlWlH Collection de microfiches (monographies) y Canadian Instituta for Historical Microraproductions / 1 nstitut 'Canadian da microraproductiona hittoriquas 1 « . ^ ^ ♦ * ,# r — Technical and Bibliographic t^tn / Notes techniques et bibhtigraphiques "■"^ The Institute has attempted to obtain theiiest original copy available for filming. 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'°* ^^^ ^^^ V gx "^¥1 i£ 26X M X 12X 7 18X 20X 28X ■a 32 X Ths'copy filmed h«r« has b—n r«produe*d thanks to tha ganarosity of: Library of the National ~' Archives of Canada L'axamplaira f ilmd f ut raproduit grAce A la g4n*rosit4 do: La biblioth^ue des Archives nationales dU Canada "* Tha imagas appaaring f^ara ara tha bast quality possibia conaidaring tha condition and Ifgibility of tha original eopy and in kaaping with tha^ filming contract spacifications; Original copias in prirdad papar covars ara filmp d beginning with tha front covar and andirtg on tha last paga with a printed or illustratad impraa- gil%7 •I ♦ v-f 'SniJJ .'?r, ' ( ORPEB IN COUKCIL 6? THi) 9th FEBRUARY^ 1897. ^ <\\ n -^H% 'm n- ' 9 ^ ' G ov»R yyitN t ap^BiN ^ Vi^tf Btf RiSAr '■''.■ '.^l-iW;. ■.>V.rf^,. 6 ■ ,\.' m ■t ^ L> ^ ' ' CHAITKR W :1tEVISED JgT'ATDTKS OF CANADA i , \ IN^ITPLKH, .W ACT HKSI>KOTIX(i j|-«K < I NAVIGATION OF CANADIAN WATERS AS 'A MEN DEI) BV ORDER IN COUNCIL OF THE 9th FEBRUARY, 1897. 4 ; OTTAWA ^ GOV^^RXMENT PRINTING BUREAU ■K.i «c% 7 •, h* "^ - ) \ / # ^. . HER Majesty, by and with the advice and consent of the 'Senate and House of Commo^ of Canada, enacts as follow part by steam or by any "hip." '"" machinery or power other than sails ^ oara ; Id.) The expression "ordinary practice of seamen," aa ''P«"'^tic.-9f ^ ,,' , ^ 1 • 1 J i-i_ J' i' -^seamen." applied to any case, means and includes the ordinary practice of skilful and careful persons engageji in navigating the waters of Canada in like caBes ; {e.) Tlie expression " owner " includes the lessee or char- "Owmr." terer of any vessel having the control of the navigation thereof. 43 v., c. 29, s. 3. REGULATIONS FOB PREVENTING COLLISIONS AND F(3 SIGNALS. DISTRESS 2. The following rules with respect to lights, fog signals, ^]^p','^'{';^,f j'f''" distress signals, steering and sailing, and rafts shall apply to 'he foUow'ing all the rivers, lakes, and other navigable waters within >•"•«"• Canada, or within the jurisdiction of the Parliament thereof, , . that 18 to say : — \ Preliminary. In the following rules every steam vessel which isjjinder sail steam veBse, - and not under steam is to be conside^d a sailing jriassel ; and JJUjersteam. every vessel under steam, whether under sail or no|, is ^ be (Jonsidered a steam vessels The word "steam vessel" shall include any vessel propelled by machinery. 79=11 y^-' *■: ■'■>■ Definition of viMibility. What lights shall be car- ried. By a iiteani vessel inder way. In fore |)art of vessel. On starboard side. On |X)rt side. How to be fitted. Oi)tionaliiddi tional light. Bk a 8t(!ain vmapl to^\ing. \ \ T?„t-''!r^ iB "underway" within the meaning of these aground '' """^ "' '' "^ "^^^ *'^'* *^ *'^« «^^^« O'* Jiules concerning lights, &c. ^• The word "visible" in these Rules, when aMied to lights shall mean visible on a dark night with a clear atmosphefe' wi^ in an ^Ifh ""^f Goneerning lights shall be complied vyith m air^eathera from sunset to sunrise, and during such Art. 2. A steam vessel when under way shall carry :— fnilL^.r-'" ?!?*^ f *^^ foremast, or if a vessel without a foremast, then m the forepart of the vesbel, at a height above the hull of not less than 20 feet, and if the breadth of the vessel exceeds 20 feet, then at a height above t^e hull nat less than such breadth, so, however, that the light need not be earned at a greater height above the hull thaS 40 feet, a htisht white light 80 constructed as to show an unbroken light over to t1.'rnw t^ rTfTn^' ^^ P°'"*« ^^'^« ^^"P'^^^' SO fixed aS to throw the light 10 points on each side of the vessel, viz. from right ahead to 2 points abaft the beam on either sid^ 5 mi?es'" * '=^*''«<^^«' «« to be visible at^a distance of at least -l,lw ^" *K® ^tarboard side a green light, so constructed as to " show an unbroken light over an arc of the horizon of 10 points of the conapass, so fixed as to throw the light Irom right ahead to two points abaft the beam on the starboard side, an^f such a character as to be visible at a distance of at least 2 miles. an ./nlSl TC''^^' " '^"^ "«^* ^ constructed aslo show an unbrok n light over an arc of the hoiiizon of 10 points of the compass, so fixed as to throw the light from right ahead oh J r ' f f *^-u^*"^ «° '^^ P«^t i'^e' «»d of such a character as to be visible at a distance of at least 2 miles. (rf.) The said green and red side-lights shall be fitted with inboard screens projecting, at least 3 feet forward trom the hght, so asto prevent these lights from being seen across the wllffi l-f r™ Yf selrWhen under way may carry an additional white light similar in constructfon to the light mentioned in wthX'l" ^fl'v, J^««\tvv^ J'ghts shall be% placed inline with the keel that one shall be at least 15 feet higher than the ' other, and in such a position with reference to each other that the lower light shall .be forward of the upper one. The vertical distance ^^^^^ '^'*" ^^ ^^^ *^*" *^® horizontal • ^iaJ' ^ ^t^^'o.T^^f®^ when towing another vessel shall, in addition to her side-lights, carry two bright white lights in a vertical line one over the other, not lees than 6 feet apart, • and when towing more than one vessel shall carry an addrtion- al bright white light 6 feet above or below such lights, if the y^ ./ Be A. length of the tow, measuring from the stern of the towing vessel to the stern of the last Vessel towed, exceeds 600 feet. Each of these lights shall be of the same'constrifction and character, and shall be carried in the same position as the white light mentioned in article 2 («), except the additional light, which may be parried at a height of nat less than 14 teet above the^huU. - , , * Such steam vesst;! may carry a sniall white light abaft the funnel or aftermast for the vessel towed to steer by, but such- light shall not be visible forward ot the beyim. Art. 4. (a) A vessel which from any accident is not under command shall carry at the same height as the white light mentio^'d in article 2 (a), where they can best be geen, aiid, if a steam vessel, in lieu of tha.t light, two red lights, in a ver- tical Hue one over the Other, not less then 6 feet apart, and of such a character as to be visible all around the horizon at a distance of at least 2 mites ; and shall bv dav carry in a verti- cal line one over the other not less than 6 feet apart, where they can best be seen, two black balls or shapes each 2 feet in diameter. . ' '^ , . (b) A vessel employed in laying or in picking up a telegraph cable shall carry in the same position as the white light men-- tioned in article 2 {'<), and if a steam vessel, in lieu of that light, three lights in a vertical line one over the other, not less than 6 feet apait. The highest and lowest of ihese lights shall be red, and the middle light shall bo white, and they shall be of such a character as to be visible all, round the horizon, at a distance of at least two miles. By day she shall carry in a vertical line one over the' other, not less than 6 feet apart, where they can best be seen, three shapes not less than 2 feet in diameter, of which the highest and lowest shall be globular in shape and red in colour, and the middle one dia- mond in shape and white. (e). The vessel referred to in this article when not making way through tb|^y;itef,' shall not carry, the side-lights, J)ut when making «i|i1 iall carry thenj. ('/). The lightl' and shapes required to be shown by. this article are to be taken by other vessels as signals that the vessel showing them is not under command, and cannot there- fore get out ot the way. ■ Thesj signals are not signals of vessels in distress und requiring assistance. Such signals are contained in article 31. Art. 5. A. sailing vessel under way, and any vessel being towed, shall carry the same lights as are prescribed by article 2 lor a steam vessel under way, with the exception of the whito lights mentioned- therein, which they shall never carry. Art. 6. Whenever, as in the case of small vessels under way during bad weather, the green and red side-lights cannot be fixed, these lights shall be kept at hand' lighted and ready for use ; and shall, on the approach of or to other vessels, be c^thibitnd on tlicIr-Tespective sides^ifrsaffieiettt-tti StcciW liglit. • Liglits.ivnd liiiy iniirkH liy a venMcJ ulilMi 111 it undtT. toiniiiaiKJ. -By H civblo Wlicn to carry .si(le-li}{lits. What ti) de- note. I?y a suiliiigr vp.sscl in. motion. By a small vessel in bad .weather. / \ V Ia4nted out- side. Kxcfpti'iiiM iilM)vi' rule.i. Ii. to Lights to Ih- citrrifd liy u steatii \H>Mscl of ICHS tlitiii 40 tons. By ii small SteilllllKKlt. By a vessel less than 20 ^tons iiiuler oars or sails. By a rowing lx)at. ■ By a pilot vessel on .) Green and red side-lights constructed and fixed as pre- scribed m artic 0.2 (/.) and ic), and of such a character as to be visible at a distance of at least I mile, or a combined lantern showing ^ green light and a.rcd light Irom right ahead to 2 points abaft the Vpam on their respective sides. Such lantern shall be carried r1nt jess than 3 leet-below the white light ' ^. bmall steamboats, such as are carried by sea-gointr vessels m^ carry t;he white light at a less height than !/ f^t above' the gunwale, but It sha.l be carried above tfe combined . lantern, mentioned in Subdivision 1 {/,). 3 Vessels under oars or sails, of less than 20 tons, shall ' have ready at han.l a lantern with a green glass on one side and a red glass on the other, which, on the approach of or to the other vessels, shall be exHibitcd in suflicie-nt t ime to pre ve.rt colhsion so that the green light shall not be seen on tKe port side nor the red light on- the starbmrd side. > 4. Rowing boat«, whether under- oars or sails, shall have ready at hand a lantern showing a white light which shall be . teniporarily exhibited in sufficient-time to |)revent colliix)n. 1 he vessels referred^to in this article shal I not be obli cred to carry the l.ights i.rescribed by article 4 («) and^ article 11, last paragraph. : • ' nJI^/J' ^' i^!^""^ uT""^^' ^\^^'' engaged 6n their station on ' pilotage duty shall not show the lights required for other vessels, but shall carry a white light at the rhasthead,, visible - ■ all round the horizon, and shall also exhibit.a flare-up light or flare-upjights at short intervals, wSich shall never exceed 15 TaU^^' .u .th«. "ear approach of or to other vessels they shall have theng side-hgbts lighted, ready for use, and shall fn A-'wr ^^^"^.^^ '.^^'* interval^, "to indicate the direction ' 11 the;,, are heading, but the "green light shall not be ^hown OM tKe port side, nor the r ed light on. thl^^tftrboord^ida.-^ .^ > / 6 'f^ t/-^ m- L yi pilot vessel of such a class as ?o be obliged to go alongside By a Umniing of k vessel to put a pilot on board, may show a white light ''""' ^'''""''• instead of carrying it at'tijhe masthead, and may, instead of the : ■ coloured lights above mentioned, have at hand ready for use a lantern with a green glass on. one side and a red glass on the ^other to be used as prescribed above. • ' «; Pilot vessels when ndt engaged on their station on pilotage Whtn not on ■ diity, shall carry lights similar to those of other vessels of •'"'>• their tonnage. Art. H. Fishirig boats shall show such'lights as are prescribed \•\Am^^ ixwts. ^Or vessels of their tonnage, and shall be under such further regulations as may be adopted for their protection. Art. 10, A vessel whiojj is being overtaken by another H.vaveNs«,i shall show from her stern to such last mentioned vessel a white {"'i^','.^^ ""*'" light or a flarerup light. - - tu^.n. The white light required to be shown- by this article may be fixed and carried in a lantern, but -in such case the lantern shaH be so coi<8tructed, fitted^ and screened that it shall throw " an unbroken light over an arc of the horiz;an of 12 points of ' the Coi'ipass, viz., for 6 points from right aft on each syg of the vessel, soa*to be visible at a distance of at least 1 mile. T^ch light shall be earried ^s nearly as practicable on the same level as the side-lights. 'Art. 11. A vessel linder laO feet in Igngth, when at anchor, I'-y -^ v».ss.i at' shall carry forward-, where it can bfest be seen, but at a height i.^',''j;!,'!t "i"'"' * not exceeding 20 feet above the hull, a white light-in a Ian- i<"Ktii.- tern so congtructed as to show a clear, uniform, and unbroken light visible allaround the horizon, at a distance of at least :|l mile. . , • -» A vessel of 150 feet or upwards in length, when at anchor, !**'• •*" fw shall carry in the forward part of tlie ^ossel, at a height of not '" '"'^'''' , , less than 20, and not exceeding 40 feet above the hull, one such liafht, and at or near the stern of the vessel, and at such a hjwght that it shall be noteless than 16 feet lovVer than the ., ' forward light, another ^uch light. The length of a vessel . shall be d^med to be the l<^gth , ■ appearing on her certificate of registry. ' A vessel aground in or neaf a fairway shall curry the above By -^ v.s«t.i light or lights and the two red lights prescribed by article XiTwlv"'''-' 4(a). '; • ■ "■ ■ Art. 12. Every vessel may, if necessary, Jn order to attract Toiittmct , attention, in addition to the lights which she is by these rules ''"''"*'""' required to carry, show a flare-up light or use any detonating signal that cannot be mistaken for a distress signal. Art. 13. I^othiiig in these rules shall interfere with the Sixcnii rules . operation of any special rules made by the govel-nmen£ of any ' j."^^^''J;"'^'j^ ^ nation with respect to additional station jand signal lights for interftied , two or more ships of war or for vessels sailing under convoy, "'"'• « or with the exhibition or recognition signals adopted by ship- owners, which have been atfttiorized by their respective govern- ments and duly registered and published. - ^ X «- "4ft . t !v/- Definition of pi'olongt'd hrast. A stoain veHscJ ■ i. U)lwiVCf( Miiind signiats ^;rhn,ne7" v^o'^'^'^^' ^^ 'f^"' vessel proceeding under sail o-hly, but n.rt undo,- having>r funnel u^s shall carry in day-time, forward, where cS'lidav '* ''^^ ^®'* ^® '^^"' °"« blackball or shape 2 feet in diameter. mark. * " / , _ .. ' ^ound Signals/or Fog, &c. ' '' • ?J:Z.i ' ^,±^- ^^- , A", signals prescribed h:^ this article for vessels siifnais. •. tt»^er way shall .be given : ' ** '' 1- 5y "steam vessels" on the whistle or siren. 2 By -'sailing vessels and vessels towed " on the fog-horn " The words "prolonged blast" used in this article? shall niean a blast of from to 4 to 6 seconds duration. .„„... A steam vessel shall be provided with an efficient whistle tain or Siren sounded by steam or some substitute for steam', so -^ placed that thA By vessels of less thai^?0 tons. " ^'^ I I A steam vessel hearing, apparently forward of her beam, the a st-a... v.s«ei fog-signal of a vessel the position, of which is not ascertained, t" «»:>!' if I I shall, so far as the circumstances of the case admit, stop her sifrnaiiing f„,: engmes, an(|(then navigate with caution until danger of colli- "="'i"f i"' sion is over. - '" 'am. Steering ^nd Sailing Rules. Preliminary — Bisk of Collision. Risk of collision can, when circumstances permit, be ascer- H,m,isk ..f tamed by carefully watching the compass beartag of an approa- '^""•-'"n ^i'" ching vessel. If the bearing does not appreciably change, such !"i ''"''■""'" risk should be deemed to exist. , , / . Art. 17. When two sailing vessels are approaching one s.iiingsi.ms another, so as to involve risk of collision, one of them shall keep '"ftinfj out of the way of the other, as follows, viz. :— (a.) - A vessel which isrunning free shall keep out of the way of a vessel iwhich is cloMiauled,, (6.) A vessel whichlRlose hauled on the port tack shall keep out of the way of a vessel which is close hauf^d bii the starboard tack. " j _ (c.) When both are runiiing free, with the wind on diflerent , . sides, the vessel which has the. wind on -the port side shall . keep out of the wa^ ©f the other. i _ (a.) When both are running free, with the w/iiid on the same side, the vessel which is to the windward sh^ll keep out © of the way of the vessel which is to leeward. [ • .' >(,• • (e.) A vessel which has the wind aft shall keep -out of*the way of the other vessel. •^ | ' Art. 18. When two steam vessels are meeting end on; or sttan. v.s^eis nearly end on, so as to involve risk of collision, ea^h shall alter ""'ting her course to starboard, so that each may passj on the port side of the other. . i , This article only applies to cases were vesselsi are meeting Lin.itati.mof end on, or nearly end on, in such a manner as tc^ involve risk ti'i^^^i'ti'i'' *• of collision, and does not apply to two vessels w^iich must, if both keep on their respeciive courses, pass clear of each other. The only cases to which it does apply are wheij each Of the Ca.Mst.. which two vessels is end on, or nearly end on, to the other ; in other "' •'''•'''*"' , words, to cases, in which, by day, each vessel sees the masts of the other in a line, or nearly in a line, with her own ; and, ^ by night, to cases in which each vessel is in such a position as * ^ to see both the side-lights of the other. It does not apply, by day,' to cases m^Which a vessel sees CaH..stowhici, another ahead crossing her own course ; or by nightl, to cases " ''p' ""' were the red light of one vessel is opposed to the red light of "'"'' ^" the other or where the green#light of one vessel is opposed to • the green light of the other, or where a red light without a green light, or a green light without a red light, is seen ahead, or where both green and red lights are seen anywhere but ahead. p 8 ■ Steam vesucls crossing. V. Art. 19. When two steam vessels are crossing, so iis to involve risk of collision, the vessel which has the other /n her own starboard side shall keep out of the way of the other ■mru";ilir' Arl;- 20. When a steam vessel and a sailing veSsel are vessti. ' proceedmg in such directions as to involve risk ot collision, the steam vesse] shall keep out of the way of the sailing vessel. Art. 21. Where by any of these Rules one or f\f^ vessels IB to keep out of the way, the other shall keep he/ course and speed. NoTE.r— When, in consequence of thick we&pieT or other causes, such vessel finds herself so close that /ollision cannot be avoided by the action of the giving-way ytessel alonfe, she also shall take such action as will best ^id to avert the collision. / (See articles 27 and 29.) ' 7 Art; 22. Every vessel which is directed by these Rules to keep out of the way of another vessM ^hall, if the circum- stances of the case admit, avoid (^rossing/'ahead" of the other. Art. 23. Every steam veesel which is directed by these Rules to keep out of the way of another vessel shall, on approaching her, if necessary, slacken her speed or/stop or reverse. Art. 24. Notwithstanding anythiiig contained in these Rules; every vessel, overtaking any tither, shalLkeepoutof the way of the overtaken vessel. ■ / Every, vessel coming up with a/nother v^el from any di- rection more than two points abaft her bdam, i.e , in such a positioft, in reference to the ve^el which she is overtaking, - , to see either of that vessel's side-hghta, shall be deemed to be an overtaking vessel, and no' subsequent alteration of the bekring bietween the two vessels shall m^e the overtaking vessel a crossing vessel within the meaning of these Rules, orre/ieve her of the duty of keeping clear of the overtaken .vessel/until she is finally past and clear. As by day the overtaking' vessel cannot always knew with certainty whether she is for\vard of or abaft this direction from the other vessel, she shoul^, if in doubt, assume that she is an ovffttaking vessel and keep out of the way. Aft. 25. In narrow channels every steam vessel shallv when It is safe and practicable,/keep to that side of the fairway or mid-chann^which lies c/n the starboard side of such vessel. Art. 26. Sailing vessels under way shall keep out of the way of sailing vessels or boats fishing with nets, or lines, or Irawls. This Rule shall not give to any vessel or boat engaged in fishing the right of' obstructing a fairway used by vessels other than fishing veei^sels or boats. Ait. 27. In obeyirVg and construing these Rules, due regard shall be had to all dangers of navigation and collision, and to any special circumstknces which may render'a departure from the above Rules necessary in order to avoid immediate danger. Vessel not atfet'ted l)y ruJes to keej) her course n 11(1 si)eedv unless oth<-r iiction reciuired t(j avert collision. A'essel keep- ing out of the way. Steam vessel neiiring ano- tlier vessel. Vesse] over- taWng ano- ther. Definition of overtaking. y \ steam ves.sel in A narrow channel. A .sailing \es- sel to avoid nets, etc. Hut no right ^iven to fish- ing ve.s.sels to ol)struct a fairway. Regard to Im^ had to (landers ol navigation. excuse. , ' « «- . ■ signals for vessels insight of one another. Jt Art. 28i*The word "short blast" used in this article shall How vessels mean ,a blast of about one second's duration. '**'"" '*'K"ai '>y When vessels are in sight of one another, a steam vessel''^*""' under way, in taking any course authorized or required by these Rules; shall indicate that course by theffollowing signals • on her whistle or siren, viz. : — , Urie short blast to mgau : " I am -directing my course to starboard." - - Two short blasts to mean : " I am directing my course to port." Three short blas^ to mean : " My engines aregoing full speed astern." , No vessel under any circumstances to neglect proper precautions. ^ Art. 29. Nothing in these rules shall exonerate any vessel. Rules not to or the owner, or master, or crew thereof, from the consequen- " "" ' ces of any neglect to carry lights or signals, or of any neglect to keep a proper look-out or of the neglect of any precaution ^yhich may be required by the ordinary practice of seamen, or by the special circumstances of the case. Reservation of rules for harbours and inland navigation. Art. 30. iSrothing in ^ these Rules shall interfere with the Kui.s f.yjpL"" operation of a special rule,- dulC' made by local ajithority, rela- ""*'""'''' tive to the navigarfion of any harbour, river, or inland waters. Distress signals. Art. 31. When a vessel is in distress and requires assistance A vessel/in from other vessels or from the shore, the following shall.be the f''«'^'''^« ' signals to be used or displayed by her, either together or separately, viz. : — - In the day time :— Duy signals 1. A gun or other explosive signal fired at intervals of about a minute; 2. The International Code signal of distress indicated by KC; ; ■ , ' & The distant signal, consisting of a square flag, having either' above or below it a ball or anythiner resemblins: a ball ; ;- * 4. A continuous sounding with any fog-signal apparatus. At night :-;- Xight signals. 1. A gun or other explosive signal fired at intervals of about a minute ; . 2. Flames on the vessel (as from a burning tar-barrel, oil- barrel, &C.) 'fMx. 3. Rockets or J|^ls, throwing stars of any colour or descrip- tion, fired r^imd a tiriie, at short intervals ; 4. A continuous sounding with any fog-signal apparatus. "^ 10 ^J-,^ ■ ■ \. Riili's for rafts. •;.■>.*'' 14-. ■ f T / Not to ob- struct \-esscl Harljoiir of SfUfl. As tdnrtidct 32 and 3.S. Provisions i to local by- law s and " rules. Penalty for wilful dis- olicdienoe of this Ai't. Rafts and Harbour of Sorel. watr- 3'M^^^' ''l^' n ^"^^'"S ""^ »^ ^''^hor oil any of the ^ waters of Canada, shall have a bright fire kept burninVon them from subset to sunrise Wheifever any raft is S in the same direction as another which is ahead, the one shalf b^ 80 navigate/as not to come within twenty yards of the other Rafts shil be so navigated and anchored as not to cause anv Art aa Unless it is otherwise directed bvVhe Harbnnr WilT'T'ir f ^T}""'^'^ «'"P« ^"d vesseCtntering or • eavn.g the Harbour of Sore), shall take the pert siSianvthinff Art ^r Th"^ ^?'^'^ '" '^' P""*'-^'-^ "otwithstamlhir ^ 33 sbalfho „?t' A' o navigation contained in articles 32 and - and 29 / ^ ^"^ ^^' provisions contained m articles 2f LOCAL BY-LAWS, PENALTIES, &C. 3. Collision from non-tfliser- vance of rules. Mont£'!nrl-l°T^^-''"xr^*" t^« Harbour Commissioners of^ Mony^eal or Ijh'e Trinity House of Quebec, or Quebec Harbour ' thrtHhdf Cnf ■ " 'r • ^"^^ 1' ^^'-^^^^ iliSent 'with S^oi^s Lnt wi^ of any force or eflect ; but so f^.as it is not : inconsistent with this Act, any such rule or by-law made bv the said Harbour Commissioners of Montreal o^T^i^ity House of Quebec, or Quebec Harbour Commissioners, or o her com! petont local authority, shall be ofJuU force and effect withTn the locality to which it applies.. 43 V., c. -29, 8 4 All owners, masters and persLs in charge of anv ^l.in veskel, or raft, shall obey the !:ules proscribed by thPs Ac?' and shall not chrry and exhibit any other lights ousetnv other fog signals than such as are required by the .a d rule«^ an^ in case of wilful default, such master or pesonfn charge' orUh owner. If it appears that he was in fault shall for eafh occasion on which any of the said rules is violated, incur a If, in any case of collision, it appears to the court bpfnm wriich the case is tried, that s«ch colHsion was occasLed by srs;trTaft b/wrr' *^ -)- p--"bed "yX icC ine\ vessel or raft b/ which guch rules have been violated shal ^ooA^'^fl''' ^' ^" ^^"^' ' ""'««« ^t «a" be shown t^ the satis ' ArttfZ'T"' '''/ T^«^^*-<^es of the cas4 render d a aeparture trom the said rules necessary. 43 V., I 29, s. 6. . Liability for ^S^L non-c^servance by any v^^;;?;; ^ S^^l^y V^ iS j^^ «.lln any damage to person pr property arise/ from the on-dbservance bv anv vpsbaI nv w„ft t,f „.„/„x. A , ^^® / 11 / scribed by this J\.c^, such subject to the legal consequences of such default. 43 V c i\ ' ■ , " '•'..-;.' ■ t'- / V 7 In any ca.use or proceeding for dam^ages arising out of r..,,., ,,,„ ^ - a collision between two vessels, or a vessel and a raft; if both '-ti. VXh vessels or both the vessel and the raft are found to have been "'" "' ^'"'" in fault, the rules-heretofore in force in the Court of Admiralty m England, and now in Her Majesty's High Court of Justice, i,„p Act 36- under the '' Supreme Court of Judicature Act, 1873," so tar aj 3: V- c^ «*• they are at variance with the rules in'fbrce in the courts of common law, sh^U prevail, and the damages shall be borne equally by the two vessels, or the vessel and the raft, one half by each. 43 V., c. 29, s. 8. ^. - «. Unless herein otherwise provided, all penalties incurred Recovery of under this Act may be recovered In the name of Her Majesty, ifn^itieH. by any inspector of steam-boats, or by afly person aggrieved by any act, neglect or wilful omission by which the penalty IS incurred, before any two justices of the peace, on the evidence of one credible witness ; and in default of payment if „at ,aid. ot such penalty, such jus^ces may commit the oftender to gaol for any term not cxi ceding three months; and, except as hereinafter provided, all penalties recovered under this Act A,.piicitio„ shall be paid over to the Min.ster ol Fir?ance and Eeceivei- General, and shall be by him pjaced at the credit of and shall form part of the Steam-boat Inspection Fund: Provided always, that all penalties incurred for any offence against this Exception. 'Act shall. If such offence is committed within the jurisdiction ' of the Quebec Harbour Commissioners, or of the Harbour Com- missioners of Montreal, be sued for, recovered, enforced and applied in like manner as penalties imposed for the violation of the by-laws of the said Harbour Commissioners within whose jurisdiction the offenee Is conamitted.l 43 V., c. 29, s. 9. ». Whenever foreign ships are within Canadian waters, the Foreigifships rules tor preventing collisions prescribed by this Act, and all '" Canadian provisions of this Act relating to such rales,, or otherwise "'"'*''"■ relating to collisions, shall apply to such foreign ships ; and in any case arising in any court of justice in Canada concerning matters happening within Canadian waters, foreign shipa shall, 80 far as regards such rules atjd provisions, be treated ap if they were British or Canadian ships. 43 V., c. 29, s. 11. ■' ■*. 12 Pfiiftlty for default. < DUTY OF masters; LIABILITY OF OWNERS OP SHIPS. ^Xvlo! '^V In every case of collision between two shins the ner vcNHeiH i,i case 8on in charge of each shin shall if «nri o^p * V ^T — .; so without afnger to his t'u stp^Kew^^de; Tth^ «ni Z ^^^? ^' 18 necessary in order ^o save them from a^iy danger caused by such eollision ; andshlll also give to t^ master or other person in charge of the othel ship the name of his own ship and of her port of reffistrv nr J*Ko ! pMe to which s\e belongs, an'd^so tZSs of U^^^^^^^^^^ places from which and to w^ich^e is bound ; and if he fSs 80 to do, and no reasonable excuse for such failure is shown the collision shall, in the absence of , proof to the con rarv be ,Sty in ^: * '\?''^''^ ""^".i^^ o'' Pereon in charge of a British or Cana- ra^ir'' a s'stfnS ^^V^llr^''." •*;^^^^"^'^^ *« lender such assistance, or to gi^e such information as aforesaid, is euiltv of a misdemeanour; and ifhe is a certificated officer under Can/ dmn authority, an inquiry into his conduct mT be Lid and his certificate may be cancelled or suspended. ^43%", bs sh {))(.. Liability of owners liniitotl in case of collision with- out their fault. Extreme amount recoverable. Tonnage. How calcu lated 13. The owners ofany ship, whether British, ' Canadian or foreign shall not, whenever all or any of the following ^^^^^ occur A^thoutther actual fault or privity, that i toTay :1 ' (a ) When any loss of life or personal injury is caused to anv person being carried in such ship ; ^ ^ (6.) When any damage or loss'is caused to any goods mer- ^andiseor other things whatsoever on board any su^ch ship \{c.) When any loss of life or personal injury is, by reason of the improper navigation of such ship as Voresiid caused to any> person m any other ship or boat • ' ^ \.3L7^^''f """"^u^T "^^^^^^S^ i8, by reason of the improper nHgation.of such ship as aforesaid, caused to any other sWd or tioat, or to any goods, merchandise or other things what soef er- on board any other ship or boat,— ^ SiX'rfW%'° "^^"^T^ '? respect of loss of life or personal uy^ry, either alone or together with loss or damage to shins bo^ts. goods, merchandise or other things nor in re! pect of loss or/damage tosh ps,gQods,merchandiseo?otherthrngrwh^^^^^^^^^ tUre IS m addition loss of life oi* personal ihjuiy of noTto an aggregate amountexceedin^thirty-eightdollarsS^^^^^ c^nts for each ton of the shTp's tonnaie,-such%onnage to be h'TT^ *i?°""^u^ ^" '^^ ^« of sailing-ships ; aid in the t:ufto1:^trm^^^°^« *^"-^«' wi?hou?deductiont IV^fl'i ? li^ ''-'• ?^*^y Britisher Canadian ship,-8uch tonnage rrlnL^^f^'*^'f.^T««'*«°°*g«'*««>rdingtotheS >r Canadian law, and m t£e case of a foreign slip which has /> /■> ■' ■ ^ ■ been or can be rneasurea according to Britisb or Canadian law the tonnage as ascertainefd by such measurement shall, for the purposes ot this section, be deemed to be the tonnage of such ', %I'JX}^ ^"^^ i *"^ foreign ship which has not been and Tonpu... how Ttannot be measured according to British or Canadian law the ^"''^^"'•'"^"i '«« deputy 9f the Minister of Marine shall, on receiving ffom or ^•"""'" """^^ , by airection of t^e court hearing the case, such evidence con- cerning the dimensions of the ship ns it is founcT practicable to turnish, give a certificate under his hand, stating whu* would in his opinion, have been the tonnage of such ship if she had ' been duly measured according to Canadian law, and the ton- nage so stated in such certificate shall, for the purposes of this ^ section, be deemed to be the tonnage of such ship. 43 V. 13. Insurances -efl-ected against any or all of the events Ast.,i,un,. enumerated in the section nekt preceding^ afid occurring without "'"""' '" "'"''' such actual fault or privity as therein mentioned, shall not be '^"^' mvalid by reason of the nature of the risk. 43 V., c. 29 s. 14. * ' ■ " ,,***, ^^.^^f'' ^"^ajesty, acting on the joint recommendation of P."vi.i,«, i,, the Admiralty and the Board of Trade, by- Order in Council ';!'«'" |fi""-'^ annuls or modifies any of the regulations for preventing colli^ Sui r.;?.Via' sions on navigable waters, which, by Order of Jfer Majesty in """*' Council of the fourteenth dayof August,; 879, were' substituted tor those theretofore in force for like purposes in the United Xmgdom, or makes new regulations in addition thereto or in " substitution therefor, the Governor in Council may, from time \ to time, 'make corresponding changes, as respects Canadian waters, in the regulations contained in the second section of this Act or any that may be substitutedforthem,— or may suspend them or any o^them, and make others in their ste^d,t-or may revive all or any of the regulations in the Act of the Parliament of Canada passed m the thirty-first year of Her Majesty's reign and intituled -An Act respecting the Navigation of Canadian Waters, as be deems best for insuring the correspondence of the regulations of Her Majesty in Council with those df the (iovernor m Council. 44 V., c. 20, s. 2. \, fcif;/ !i|/' ^^fF'^~''-. 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