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Les diagrammes suivants illustrent la mdthoda. 1 2 3 1 2 3 4 5 6 MICROCOPY RESOLUTION TEST CHART (ANSI and ISO TEST CHART No. 2) 1^ Ik Hi ■UI.-.U 2.8 2.2 1.8 ^ /APPLIED IfVMGE inc 1653 East Main Street Rochester, New York 14609 USA (716) 482 - 0300 - Phone (716) 288- 5989 -Fax REGULATIONS & BY-LAWS FOR THE MANAGEMENT OF THE OFFICE OF PORT WARDEN, IxN- THE IIARBOUH OF MOJVTRE AL. Sl^nlrtal : 1803. TUB OrncE OF THE POUT WARDEN IS IN rrSTOV „.r, „ ''^ '^' STOM-nOU8E SQUARE (LATE 3IOXTREAL HOUSE.) ' 1 1 Montreal, 7th May, 1H63. TO OWNERS, MASTERS AND AGENTS OF VESSELS. Vessels trading to Montreal, to or from any Port, not within the limits of inland navigation, must con- torm to the following rules : 1. It shall be the duty of the Port Warden or his deputy, on being notified and requested by any of tlie parties interested, to proceed in person on board of ai.v vessel for the purpose of examining the condition and stowage of cargo ; and if there be any goods damaged on board of such vessel, he shall inquire, examine, and ascer- tain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full on the books of his office. 2. The Master of any vessel which has broken bulk for the purpose of lightening or other necessary purpose, pre- vious to her. arrival in the Harbor of ^lontreal, shal'l im- mediately on the discovery of any damaged cargo, proceed to hold a survey on the same in the manner lierein pre- • scribed, before the same shall be moved out of the place in which it was originally stowed ; and if, after the arrival m port of any vessel from beyond the seas, which has not had occasion to lighten, Incuk l.ullc, or otherwise discharge the Imtchcs of sucli vessel shall be lirst opened l,y am person not a Port Warden, and the cargo or an/ pari thcreot shall come troni on board such ship in a damaged condition, these facts shall be prima facie evidence that 8uch damage occurred in consequence of improper stow age or negligence on the part of the persons in cliarce of the vessel, and such default shall, until the contrary bo shewn, l)e chargeable to the owner, master or other person interested as part owner or master of said vessel. 3. The Port Warden shall, when required, proceed to any ship, steamer or other vessel, warehouse, dwelling or wharf, and examine any merchandise, vessel, material produce or other property, said to have been damaged on board of any vessel, and inquire, examine and ascertain the cause of such damage, make a memorandum thereof and of such property, and record in the books of his office, a full and complete statement thereof. 4. The Port Warden shall, when required, be surveyor 01 which shal be deemed unfit to proceed on her voyage' nan es thrr.^n '""'-^P^"' "^^^°^ ^^^^ ^^' ^l^V^L nance thereof, shall specify what damage has occurred record in the books of the office a full and particularTc nis assistance, if necessary, in such survey, one or more carpenters sail-makers, riggers, shipwri/hts, or oTh poisons skilled in their profession, who .hfll e ch be ent led to a fee not exceeding two dollars for the first survey and one dollar for each subsequent one on which thS services may be required, to aid him in the examination and survey, but no such surveyor must be interested in the case; the Port Warden shall also, if required, be sur- 3 veyor of the repairs necessary to render sucli vessel sca- wortliy, and his certHcatc that these repairs have been properly made shall |,e evidence that the vessel is seaworthy. 6. The Port Warden shall have cognizance of all matters relating to the surveys of vessels and their cargoes arriving in port damaged, and when re.|uested shall on payment of the regular fee, give certificate of such surveys 6. The master of any vessel intending to load grain in bulk lor any port not within the limits of inland naviga- tion, shall, before taking in any of such grain, notify the Port Warden from time to time, while the different cham- bers are being prepared, to survey and inspect the said vessel as Avell as the dunnage and lining boards: the Port Warden in such case shall ascertain whether such vessel is in a fit state to receive and carry the cargo in safety • he • shall record in his books the condition of the vessel'- if lie finds she is not fit to carry the cargo in safetv, 'he shall state what repairs are necessary to render hc-r sea- worthy: before beginning to load each chamber he shall be careful to see that it is properly dunnaged and lined and provided with shifting boards, and that the boards and plank used for these purposes have been properly sea- soned : he shall examine the pumps and see that they are properly lined and dunnaged : he shall erda- in the books of his office all particulars connected with these surveys and grant the necessary certificates. ' 7. It shall be the duty of the Port Warden, when re- quired, to decide what amou)- ^f dunnage is necessary below cargo, and also between -rheat or other grain, and the flour to be stowed over it, and his certificate that such dunnage has been used, shall be prima facie evidence of the good stowage of the cargo so far as these points are concerned. 8. Tlio Port Warden, if requdstetl J)y any person luivinf,' sliipped curjrf, on board of a vessel, and at the expense of such person, sliall i)roceed on board of such vessel and exaniMie whether she is in a fit state to proceed to sea or not ; if she is found 'Mifit the Port Warden shall Ktate in what partieular, and shall notify the master not to leave the port until the recpiired conditions have been fiiiniled. 9. The Port Warden shall, when required, estimate the value and measurement of any vessel, when the same is in dispute or otherwise needed, and shall record the same in the books of his office. 10. It shall be the duty of every Auctioneer making a sale of any vessel condemned, or ship's materials, or ^^oods damaged on board a ship or vessel; whether sea-going or of inland navigation, sold for benefit of underwriters or others concerned, in the City of Montreal, to file a state- ment of the same at the office of the Port Warden within ten days after such, sale : no underwriters' sale shall take place until after at least two days public advertisement in not less than two English and one French newspapers in the City of Montreal, and sucli sale shall not be at an hour earlier than twelve, nor later than three o'clock in the day. 11. It shall be the duty of the Port Warden, when re- quired in writing, by all parties in interest, to hear and arbitrate upon any difficulty or matter in dispute between the master or consignee of any ship or vessel, and any proprietor, shipper, or consignee of the cargo, and keep a record thereof. 12. No goods, vessels or other property shall be sold as damaged for account of underwriters, unless a regular survey and condemnation has previously been had, and the Port Warden shall, in all such cases, be one of the surveyors. 13. Before proceeding to act in any case in the per- A A' A formancn of his duticH, tlio Port "Warden shall give rcnson- iible notice to uU parties interested or concerned in the case. 14. AH notices, requests or requirements to, or from the Port "Warden, must be given in writing and a reason- able time before action is required. 15. On the demand of any party interested, the Port "Warden shall furnish certificates in writing, under hia hand, of any matters of record in his office ; he shall also furnish when required, copies of any entries in his books, or documents fylcd !-• his office. 16. The Port Warden shall supply to every master of a vessel arriving in the port of Montreal, a copy of the regulations relating l -> the office of Port Warden, once in each year. 17. In all matters regarding surveys, &c., the Port Warden shall conform to, and be governed by the rec^u- lations of Lloyd's, so far as they are applicable to the port of Montreal and to the circumstances of the case. 18. Should any dispute arise between the Port War- den and any party interested, in any case where his pre- sence has been required, either party may appeal to the Board of Examiners, and it shall be the duty of the Secretary of the Board of Trade, on a requisition being pr..oented to him to that effect, to summon forthwith a meeting of the said Board of Examiners wJw or not less than three of them, shall immediately investigate and report on the case submitted to them, and their determi- nation, or that of a majority of them, made in writing shall be final and conclusive. " ' 19. The party against whom the Examiners decide shall pay all the expenses, and the Examiners shall deter- mine the amount of fees or charges payable in each case, which shall never exceed twenty dollars. 20. No vessel over 430 tons register shall be permitted to load an entire cargo of Grain in bulk— Oats excepted. All vessels loading grain will be required to have a bulk- liead not less than six feet from the Bow and one foot from the Stern. 21. No vessel will be permitted to take more than twelve thousand bushels of grain in bulk without a bulk- head to divide it into compartments,— no compartment to contain more than 12,000 bushels. 22. All vessels, (loading grain in bulk,) of 400 tons to be platfomied or dunnaged at least 9 inches at the Kelson, and 12 inches at the Bilge, ships of 1,200 tons, 12 inches at the Kelson, and 15 inches at the Bilge, including the thickness of the lining boards, other sized ships in pro- portion ;— and lined with well-seasoned timber. Vessels under 600 tons register to have two inches of dunnage, over that tonnage, to have three inches of dunnage be- tween the grain and other cargo. All vessels to be dun- naged and lined to the satisfaction of the Port Warden. 23. The Pumps of all vessels loading grain in bulk and when necessary the Masts, to be cased in; and should the Port Warden require it, the casing round the Pump to be large enough to allow a man to pass down into the well; the casing to be of good workmanship, and of seasoned wood, so that the ,:?rain may not pass through. There must be also proper shifting boards on each side, which must be well secured to the stanchions, and the stanchions themselves well secured to the beams and kelson. Shifting boards to extend to at least one third the depth of ^the grain space. 24. Great care should be taken to well fill the vessel with bulk grain under the decks,' and it is advisable when ves- sels are filling up, that no more grain should be put on board than the number of labourers employed are able to trim and properly stow* (( i( (( 26. The following scale is the limit to which ships of ordinary build should be laden, subject however, in all cases, to the judgement of the Port Warden. Vessels, from 13 to 14 ft. depth of hold, to have SJ 1 inches 14 to 17 " " « 34 to each 17 to 30 " " " 3 \-J2?i 30 to 23 « " " 3ir^o? 23 to 26 " " " 3^ J ^ol"!- Any vessel which loads only a portion of her cargo at Montreal, and proposes to fill up at any other Port, shall receive from the Port Warden a limit to the draft of water to which she may be loaded, and if such limit is exceeded, it shall have the effect of nullifying the certificate previ- ously granted by the Port Warden, so far as seaworthiness in respect of di'aft of water is concerned. 26. The following list of fees shall be payable to the Port Warden, by the parties emp ' 'dug him. But in case of a survey of cargo alleged to be improperly stowed, the party in the wrong shall pay the fee. FEES. First survey of hatches and cargo, including certifi- cate $ 2,00 Every subsequent survey 1,00 Each copy of certificate when required. 0,35 Every survey of damaged goods on wharf or in store, with certificate— value $300 ; and under— $1,50 ; over that value 2 50 Survey on hull, sails, spars and rigging of any vessel damaged or arriving in port in distress 5,00 Every subsequent survey 1,00 Certificate of survey, repairs and seaworthiness. . . 1,00 Survey to know if ship is seaworthy with certificate 2,50 Survey, that repairs ordered, if not seaworthy, have been made, with certificate 2,50 8 Valuation of a vessel for average— under 500 tons $5,00 500 to 1000 tons $1 per 100 tons, but not to exceed 10,00 Measurement of a vessels beam for towage 1 00 Certificate when required 25 For inspection of a vessel intending to load from under 500 tons with certificate— all the surveys 5,00 From 500 to 1000 tons $1 per 100 tons but the » charge with certificate is not in any case to to exceed (and is payable by the vessel)— all the surveys 1q qq For inspection of dunnage beween grain and flour . . 1 ,00 Certificate when required 025 Settling dispute between master or consignee of ship and owner of cargo 2 50 For certificate under seal or copy of record or docu- ^ «^«"* 1,00 Every copy of every certificate q 2o For the Appeal of any case from the Port Warden to the Board of Examiners payable by the party against whom the decision is given ; in no case ^^^^^^^^ .-. 20,00 (By order of the Board.) WILLIAM GRANGE, Port Warden.