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WHEREAgl the provisions of the Actu and Ordi- nances now in force relative to the powers and duties of the Trinity House of Quebec, to pilots and Pilotage in and below the Horbonv of Quebec, to tho fund for decayed Pilots, their widows and children, and to other matters therein mentioned, have become obscure by repeated amendments \ And whereas experience hath shewn that they are insufficient for the purposes for which they were framed, and it is therefore expedient to repeal them, and to amend and consolidate the provisions therein contained^ and to enact other provisions : Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Ca« nada, constituted and assembled by virtue of and under the authority of an Act p:;ss(ed in the Parlia» ment of the Unitecl Kingdom Q, rrreat Britain and Ireland, and intituled, " An A^t to re-unite the ** Provinces of Upper and Lowers Canada ^ and for " the Government of Canada ; '» and it is hereby enacted by the authority of the same as fellows : 1st. That the Act of the Parliament of the Pro- vince of Xiower-Canada, passed in the forty-^fth year of the Reign of King George the Third, inti' tuled : " jin Act for the better regulation of Pilots " and Shipping in the Port of Quebteey. ana in the " Harbours of Quebec and Montreal,, and for im- " proving the Jfavigatiork af the Riper St, Law^ ** rencCf and for establishing a Fund for decayed ** Pilots, their Widows and Children, " is repealed. Sndly. The Act of the said Parliament, passed in the forty-seventh year of the Reign of King George the Third, intituled" An Act to amend an Act " passed in the forty-fifth year of the Reign of His *' present Majesty y intituled^ An Act for the better " regulation of Pilots and Shipping in the Port of " Quebec, and in the Harbours of Quebec and " Montreal, and for improving the Navigation of '* the River St. Lawrence, dnd for establishing a " fund for decayed Pilots, their Widows and " Children, " is repealed. 3rdly. The Act of the said Parliament passed in the fifly-first year of the Reign of King George the Third, intituled, " ^n jlct to amend an Act passed " in the forty-fifth year of His Majesty'^s Reign, " intituled. An Act for the better regulation of ** Pilots and Shipping in the Port of Quebec, and in '* the Harbours of Quebec and Montreal and fcyr im- " proving the JSTavigation of the River St, Law- " rence, and for establishing a fund for decayed " Pilots t their Widows and Children, " is repealed. 4thly. The Act of the said Parliament, passed in the fifty-second year of the Reign of King George the Third, intituled," An Act to amend an Act " passed in the forty-fifth year of His Majesty^s " Reign, intituled. An Act for the better regulation ** of Pilots and Shipping in the Port of Quebec, and " in the Harbours of Quebec and Montral, and for " improving the JSTavigation of the River JSt. Law- " rence, and for establishing a fund for decayed " Pilots, their Widows and Children, " is repealed. othly. The third section of the Act of the said Parliament, passed in the fifty-ninth year of the Reign of King George the Third, intituled, " An ** Act to prevent accidents in the landing of gun- " powder from Ships or other Vessels in the Harbour " of Quebec, and to guard against the careless " transporting of the same into the Powder Maga- " zine, " is repealed. 6thly. The Act of the said Parliament, passed in the second year of the Reign of King George the Fourth, intituled, " An Act further to amend and « to extend the provisions of certain Acts therein mentioned^ relating to Pilots and to the navigation of the River St, Lawrence, and for other purposes therein specifiedf " is repealed. 7thly. The Act of the said Parliament, passed in the fourth year of the Reign of His late Majesty King William the Fourth, intituled, ** An Act to " make provisions for indemnifying Pilots while " detained in Quarantine, " is repealed. Sthly. The Ordinance of the Governor and Special Council of the Province of Lower-Canada, passed in the fourth year of Her Majesty's Reign, intituled, " An Ordinance to authorize the Corpo- " ration of the Trinity House of Quebec to borrow a " certain sum of money, and for other purposes to " the said Corporation, " is repealed. 9thly. The Ordinance of the Governor and Special Council of the Province of Lower-Canada, })assed in the fourth year of Her Majesty, intituled, ** An Ordinance to empower the Corporation of the Trinity House of Quebec to sell and convey a certain portion of the Harbour of the CuUde^Sac in the City of Quebec, to the Corporation of the said City, " is repealed. lOthly. The Act of the Parliament of this Pro- vince passed in the Session held in the fourth and fifth years of Her Majesty's Reign, intituled, << an *^ Act to repeal and amend in part certain Acts and ** a certain Ordinance therein mentioned, and to " extend the powers and increase the funds of the " Corporation of the Trinity House of Quebec, *> is repealed. llthly. So much of the Act of the said Parliament passed in the eighth year of Her Majesty's Reign, intituled, " An Act to amend the Ordinances incor- " porating the City of Quebec, '' as shall be incon- sistent with this Act, is repealed. 12thly. No Act or Ordinance or part of an Act or Ordinance repealed by any Act or Ordinance hereby repealed, shall be revived by virtue of this Act. n. And be enacted, First, that notwithstanding the repeal of the Acts and Ordinances or jiarts of a2 it « u 6 Acts or Ordinances before mentioned, all things done and all rights acquired in virtue of the said Acts or Ordinances shall be valid, all penalties incurred shall be recoverable, and all proceedings or matters commenced may be continued as if the Acts and Ordinances so repealed were still in force. 2ndly. The Corporation of the Trinity House of Quebec shall not be dissolved by the passing of this Act, but shall continue, and the present Master, Deputy-Master, and Wardens of the said Corpo- ration and their successors in the same offices, ap- pointed in the manner prescribed by this Act, shall, without any new appomtment, remain and continue to form and constitute a body politic, incorporated for the purposes of the present Act, under the name of The Trinity House of Quebec ^ which shall be one and the same Corporation with that heretofore existing under the name of " The Master, Deputy- Master and Wardens of the Trinity House of Quebec;'* they shall continue to have perpetual succession, and a Common Seal, with power to change and renew it at pleasure ; they and their successors may plead and be impleaded in any Court of Record or Judicial Tribunal in this province, in like manner as any other body corporate or party ; and may purchase and hold immoveable property as sites lor light houses, and for other the purposes of this Act ] and may purchase and hold any moveable property whatsoever for like purposes, or for the other purposes of this Act. 3rdly. The present officers of the Trinity House of Quebec and the other functionaries of the said Cor- poration shall retain their respective offices, as if this Act had not been passed ; except that after the passing hereof, the offices of Clerk and Treasurer shall be held by separate persons. 4th Iv. The Trinity House of Quebec sliall consist of a Master, Deputy-Master and seven Wardens, who with the Master and Deputy-Master, shall have in the manner herein prescribed, the right of giving their opinion, and voting upon all the affairs of the Corporation : but the office of Deputy-Master shall cease I'roni and after the resignation, removal or decease of the ])resent Deputy-Master, and the Trinity House of Quebec shall then consist of a Mas- ter and eight Wardens. 5thly. That no member of the Trinity House of Quebec shall directly or indirectly contract with the said Corporation, nor be in any manner interested in or capable of deriving any interest under any contract made with the said Corparation by any other person, and any member who shall have any contract with the Corporation at that time of the passing of this Act, shall cease to be a member thereof. 6thly. There shall be two Superintendents of Pilots, who shall be branch pilots, having practised as such for ut least ten years ; the senior in office shall be one o^ the Wardens of the Trinity House of Quebec ; in his absence the other Superintendent of Pilots shall act as Warden, with the same powers and functions. 7thly. The Master of the Trinity House of Quebec shall be ex officio the principal of the Corpo- ration. Sthly. There shall be, as heretofore, a Harbour- Mastei, and Assistant Harbour-Master of the Har- bour ofQuebec ; except that the office of Assistant Harbour-Master shall cease on the resignation, removal or decease of the present incumbent. 9thly. The Governor may appoint by an instru- ment under the great seal of the Province, all the officers and other functionaries required by the present Act, and may remove at his pleasure, col- lectively or separately, the Master, the Deputy- Master, the Wardens, the Hai hour- Master, the Assistant Harbour-Master, the Superintendents of Pilots, the Treasurer, the Clerk, the Bailiff, and the other officers and functionaries of the Corporation, and appoint others, except to the offices of Deputy- Master of the Trinity House of Quebec and of the Assistant Harbour-Master, which offices shall be abolished on the removal of the incumbent. in. And be it enacted, FirsI, That all the oncers of the Trinity H<;g«9e€f Qviebee shall receive. i) II fixed salaries out of the funds of the said Corporation ; and except monies which under this Act go to the Pilot Fund, all fees and monies received for any cause whatsoever under this Act or any By-law made under it, shall go towards defraying the ex- penses of the Corporation. 2dly. The salary of the Master shall not exceed two hundred and fifty pounds a year ; That of the present Harbour-Master shall not exceed five hundred pounds a year; nor that of any of his successors four hundred pounds a year ; That of the Assistant Harbour-Master shall not exceed one hundred and eleven pounds two shillings and two pence a year ; That of each Superintendent of Pilots shall be one hundred and seventy-five pounds a year ; That of the Treasurer shall be three hundred and fifty |X)unds a year ; That of the present Clerk shall be three hundred pounds currency a year j but that of any of his suc- cessors shall not exceed two hundred and fifty pounds a year ; The salary of the Bailiff shall not exceed one hun- dreed pounds a year ; The salaries which are not hereby fixed shall be fixed by the Governor within the limits hereby prescribed. IV. And be it enacted, That all By-laws legally made by the Trinity House of Quebec before the passingof this Act, shall, in so far as they contain nothing inconsistent with this Act, remain in force until repealed or amended, or until others shall be enacted in lieu thereof, by the said Corporation, but so much thereof as may be inconsistent with this Act is hereby repealed. V. And be it enacted, That the Master, Deputy- Master and Wardens of the Trinity House of Quebec, or any three of them, may meet on such days and at such place as they may think pioper, and may adjourn indefinitely or to afifxed day, at pleasure ; but they shall meet at least twice a week during the season of navigation ; their acts shall be valid pro- w— ■■■* 9 not >fany and I •I t vided three of them meet at their then usual place of sitting ; at their meetings the Master or in his absence the Deputy-Master, or of neither be present, the senior Warden shall preside. VI. And be it enacted, That at any such meeting the Master, Deputy-Master and Wardens of the Trinity House of Quebec, or any three of them, may in the manner provided in the last preceding section of this Act, make such By-laws and orders as they may Jcem fitting and useful, provided the same be not contrary to the Maritime Laws of Great Britain, to the Laws of this Province or to this Act ; the objects for which such By-laws and orders shal be made, being the following : Istly. The internal menagement and government of the Corporation of the Trinity House of Quebec and of its property moveable and immoveable. 2ndly. The security and the facility of the Navi- gation of the River St. Lawrence, from the Basin of Portneuf, in the County of Portneuf, to the eastern limit of this Province, and of the navigable portions of the several rivers which flow into this river, or into the Gulph of St. Lawrence, within the limits prescribed by this Act. 3rdly. The placing and removal of buoys and beacons. 4thly. The erection of light-houses, floating lights, lanterns and other signals. 5thly. The dredging and clearing away of sands, rocks or other obstructions. 6thly. The improvement and management of the Harbour of Quebec, and of the Cul-de-sac. 7thly. The anchoring, mooring, riding, and fas- tening of vessels and craft of all kinds in the Har- bour of Quebec, and the control of such vessels and craft, whether in the stream, at a wharf or landing place, or hove down or hauled up for repair, in the Harbour of Quebec. Sthly. The regulation and control of the use of lights and fire on board such vessels and craft in the Cul-de-sac, and at the wharves in the said Har- bour. I'' 10 i! i ^thly. The manner of boiling or melting pitch) tar, turpentine, resin, or any other inflammable substance, on the beaches in the said Harbour of Quebec, or in the Cul-de-sac, lOthly. The appointment of the place or places in the said Harbour for the landing of gunpowder from Merchant vessels, and the route by which it may be carried to the Magazine. llthly. The construction of wharves and of buildings thereon for the use of the Trinity House of Quebec. 12thly. The imposing, levying and receiving of wharfage or other dues to be paid by vessels and craft of all kinds entering the Cul-de-sac, or under- going repairs or wintering therein. 13thly. The regulation and government of Pilots licensed as such for the Port of Quebec. 14thly. The conduct of Pilots towards their Ap- prentices, and of Pilot's Apprentices towards their Masters. 15thly. The qualification, instruction, service, supervision, control and examination of the Pilot's Apprentices. VII. And be it enacted, That no By-law made by the Trinity House of Quebec, shall take effect, unless it be published twice a week in English, in a Quebec newspaper publised in English, and twice a week during two weeks in French in a Quebec newspaper published in French, nor unless it be submitted to the Governor for his sanction at least fifteen days after such publication. VIII. And be it enacted. That every By-law sanctioned by the Governor, and certified by the Clerk of the Executive Council, shall before it shall take effect, be inserted twice a week during two weeks, in English in a Quebec newspaper pubished in English, and in French in a Quebec newspaper pubished in French ; and such By-laws shall be then printed in a pamphlet form, and any person shall be entitled to a copy on paying its fair value ; and a copy of any By-law of the Trinity House of Quebec, certified by the Cleik under the seal of the I 11 Corporation, shall be deemed authentic, and shall avail accordingly in all Courts of Justice in this "* ovince. IX. And be it enacted, That the Trmity House of Quebec may by any By-law made under this Act, impose penalties not exceeding ten pounds on any person contravening such By-law, or any other which the Corporation may lawfully make under this Act, or under any such By-law. X. And be it enacted, That the Trinity House of Quebec shall contmue to possess the property of Her Majesty situate in the Lower-Town of Quebec, and known by the name of Cul-de-sac Harbour, whether covered or not covered by the flow or ebb of the tide, with its dependencies, and may exercise the rights thereunto belonging ; but shall not dispossess or molest the persons possessing the wharves on the north side of the Cul-de-sac, nor deprive them of tha advantages, revenues and profits to which they are now entitled. XI. And be it enacted, That for the purposes of this Act, the port of Quebec shall comprise all that part of the Hiver St. Lawrence between the Basin of Portneuf, inclusively, and the Gulph of St. Lawrence, that part of the Gulph of St. Lawrence which is comprised within the limits of this Pro- vince, or which borders upon its coast, and that part of all rivers, waters, creeks, bays and coves within the said limits, where the tide ebbs and flows. XII. And be it enacted, That the Harbour of Quebec shall comprise that part of the Kiver St. Lawrence, between St. Patrick's Hole, inclusively, to the Cap Rouge River, iiiclusively, and that part of the Rivers Montmorency, St. Charles, Etchemia, Chaudi^re, Cap Rouge and others, where the tide ebbs and flows. Xin. And be it enacted, That ibr the purpoees of this Act, the River St. Lawrence shall be held to enter the Guljdi of St. Lawrence at an imaginary line drawn from the eastern anchorage ground off Isle harnabi to the eastern anchorage ground under iJ ! '! \ I I r 'i!f '\ ' 12 Cape Columbia, on the north shore ; and vessels of every kind bound inwards shall be considered to be in the River St. Lawrence when they shall be above this imaginary line. XIV. Arid be it enacted, That every member of the Trinity House of Quebec, and every officer thereof, shall, before entering upon the duties assigned to him by this Act, make oath before a Judge of the Court of Queen's Bench or one of the Prothonotaries thereof, that he will faithfully perform the duties of his office. XV. And be it enacted. That the Trinity House of Quebec may and shall grant a Branch as Pilot to every Apprentice who shall have previously complied with all requirements of the law, and undergone a satisfactory examination, conformably to the provi- sions of this Act. XVI,, And be it enacted. That every Pilot having a Branch before the passing of this Act shall keep the same until he shall forfeit it for any of the causes herein mentioned. XVII. And be it enacted. That every Bmnch Pilot who shall be two full and consecutive years without acting as Pilot, ( unless in case of sickness, unavoidable absence, or special permission from the Trinity House of Quebec, ) shall be liable to a penalty of fifty pounds, which shall go to the Pilot's Fund ; and in case of repetition of the offence, he shall forfeit his branch. XVIII. And be it enacted, That every Branch Pilot who shall be two years without acting as Pilot, but shall give notice to the Clerk of the Trinity House of Quebec, in the course of such two years, that he wishes to cease to act as Pilot, shall lose his blanch but shall not incur the penalty of fifty pounds. XIX. And be it enacted, That each Pilot's Branch shall be registered by the Trinity House of Quebec, in a book which shall be open during tho navigation season to every person wishing to inspect it. XX. And be it enacted, That the Trinity Honse of I I i 13 (ressels of ed to be be above smber of y officer e duties before a ne of the faithfully ;y House Pilot to complied ergone a he provi- 3t having keep the ie causes f Branch ive years * sickness, from the ible to a he Pilot's Fence, he y Branch 5 as Pilot, 3 Trinity w:» years, lU lose his r of fifty ;'s Branch 'f Quebec, lavigation t. House of i Quebec may, by By-law, fix the fees to be received in suits brought before it, or for delivering and registering Pilots' Branches, or for any other cause whatsoever. XXI. And be it enacted. That no person shall ob- tain a Branch as Pilot, unless he proves that he has bond fide served a regular apprenticeship during seven consecutive years under a Branch Pilot autho- rized by Licence to have an Apprentice as herein- after mentioned, and made four voyages to Europe ; nor unless he has been examined and found suffi- ciently conversant with Arithmetic, able to speak, read and write the English and French languages, and to calculate a ship's way on the chart, and to work a ship, and is perfectly well acquainted both with the North Channal of the River St. Lawrence be- tween Quebec and Isle du Bic, and with the South Channel of the said River between the same limits, and h.iis conducted himself soberly, and been of good moral conduct during his apprenticeship. XXII. And be it inacted. That the Trinity House of Quebec, in ordei to provide the Pilots' Apprentices with the means of becoming acquainted with the North Channel, shall send their vessel at least twice a year to explore the same, and shall admit on board, under the inspection of one of the Superintendants of Pilots, all Pilots' Apprentices. XXIII. And be it enacted, That the Trinity House of Quebec may fine, or according to the gra- vity of the offence, suspend or deprive of his Branch any Pilot who shall be the cause of the loss of a. vessel under his charge, or shall be the means of its sustaining damages, or being delayed for a consi- derable time ; and shall do so after complaint of the master or owner of such vessel made to the Harbour Master, in whose name the prosecution shall be brought : the fine shall not, in any case, exceed ten pounds, and the Pilot shall not be suspended for more than two years : the Trinity House of Quebec may in its discretion abridge the period for which a Pilot may have been suspended, and shall not deprive the Pilot of his Branch unless he shall have caused B \i i-r 1 through U drunkenness or gross tni»- the accident Conduct. XXIV. And be it enacted, That a Pilot depfived of his Branch or suspended or condemned to pay a penalty y for having caused damage to a vessel by his drunkeness oi gross misconduct, shall not be entitled to any pilotage, where the amount of such damage shall be equal to or exceed that of such pilotage. XXV. And be it enacted. That a Pilot deprived of his Branch for drunkenness, may recover it by pro- ving by good and Valid certificates that he has con- ducted himself with sobriety and steadiness during two consecutive years, after the date of his interdic- tion. XXVI. And be it enacted, That the Trinity House of Quebec may at any time, and jshallat the expira- tion of three years from the time when any Pilot shall have been condemned to lose his Branch, for gross misconduct, restore the same to him on his proving by undergoing an examination conformable to the By-laws in force when he was first apprenticed, that he is qualified to act as a Pilot. XXVII. And be it enacted, That a Pilot suspended from the eJcercise of his functions or deprived of his Branch, shall not be deemed to be a Branch Pilot so long as this suspension shall last, or his Branch shall not be restored to him. XXVIII. And be it enacted, That the Trinity House of Quebec may fine in a sum not exceeding ten pounds, and not less than five pounds, any Branch Pilot who, iiot being really employed as a Pilot, shall refuse, avoid or voluntarily neglect to board or take charge of any vessel within the limits specified in his Branch, when he shall be required either by a signal from such vessel or by the captain miaster or any ofiicer belonging to the vessel, by the Trinity House of Quebec, the Harbour^Master or the Superintendents of Pilots, unless it would be dangerous to the Pilot to obey such signal, or to com- ply with the deiltiand or order of the said persons or authorities^ or unless he be prevented from so doing by sickness Or other sufilcient cause. -■;/i I I ■'Mr- i *aM»»'»*. 15 OSS tnish depirived to pay a gel by his e entitled > damage )tage. jprived of ; by pro- has con- 9S during interdic* ity House tie expira- Pilot shall for gross is proving ble to the iced, that suspended ed of his zh Pilot so anch shall e Trinity eeding ten ly Branch Pilot, shall :d or take )ecified in either by e captain vessel, by Jur^Master would be or to com^ persons or L so doing i! i XXIX. And be it enacted. That any Branch Pilot who shall, without reasonable excuse, abandon a vessel or refuse to pilot her after he has been enga- ged for that purpose, or after having boarded her, without having pei formed the services for which he shall have been so engaged, and without the permis- sion of the master of such vessel, shall be liable to a penalty not exceeding ten pounds or may according to the gjcavity of the offence, be suspended or deprived of his Branch. XXX. And be it enacted, That any Master of a vessel promising to give or having given the charge of his vessel to a Branch Pilot, and afterwards refu- sing it or taking it from him, shall be obliged to pay to such Pilot the full pilotage on the vessel. XXXI. And be it inacted, That any Branch Pilot having charge cf a vessel, who shall refuse to obey the orders or directions of the Harbour- Master rela- tive to the making fast, casting off, shifting or re- moval oLsiich vessel, shall incur a penalty not excee- ding ten pounds. XXXII. And be it enacted, That no Pilot shall have an Apprentice unless he has previously obtai- ned a licence to that effect from the Trinity House of Quebec, after being examined as to his ability to instruct tjiich Apprentice in tk& duties of a P^lpt ; and no Pilot ^xsJl have mofff than one apprejitice at one time. XXXIIJ. Ai^ be it eiMkcted, That any person wishingto become a Pilot's Apprentice most know how to read and write, and must previously obtain permission from the Trinity House of Quebec. The agneemeoit between the Apprentices and the Master shall be by a notarial indenture; whereof the latter shall, under a penalty not exceeding ten pounds, deposit an authentic copy iu the hands of the Clerk ctf the Trinity House of Quebec, within three months after the date of the indenture. XXXIV. And be it enacted. That Apprentices under indentuies at the passing of this Act shall, as jregards their qualification and examination, be ff 16 , V J; I J subject only to the By-laws and regulations in force at the date of their Indentures. XXXV. And be it enacted, That any person other than a Branch Pilot who shall take charge of a vessel to pilot it, in any part of the Harbour or Port of Quebec, shall, unless the Master of such vessel has previously endeavoured, by making the signal required by this Act to procure a Branch Pilot, incur a penalty of ten pounds. XXXVI. And be it enacted. That the Master or person in charge of any boat or other small craft, who shall at the instance of the Master of any vessel run before the same to direct its course, shall be entitled to full pilotage for the distance thus gone over, except that if there be in such boat or craft a Branch Pilot who shall not from any cause have been able to board the vessel, it shall be such Pilot who shall be entitled to receive the pilotage. XXXVII. And be it enacted. That the rates of pilotage to which Branch Pilots shall be entitled, shall be those in tables one and two of the Schedule (A,) annexed to this Act ; any Pilot who shall knowingly receive more or less than the rates enumerated in the said Schedule shall respectively incur a penalty not exceeding ten pounds. XXXVIII. And be it enacted. That the Pilot arriving with any vessel in the Harbour of Quebec, shall remain in charge thereof, if the Master require it, during the forty eight hours next after his arrival ; but he shall in any case be free from the moment the vessel shall be fast to a wharf, or shall have commenced discharging her ballast or unloading ; when the Pilot shall at the instance of the Master, remain more than forty-eight hours on board the vessel, he shall have one pound for each day subse- quent, and his board as customary. XXXIX. And be it enacted, That every vessel arriving in the Harbour of Quebec, and not having performed quarantaine at Grosse-Isle, may proceed without stoppage, to the ballast-ground, or to any other place in the said Harbour. XL. And b.' it enacted, That every difference i 17 sin forcv »r8on other arge of a 3ur or Port mch vessel the signal inch Pilot, J Master or imall craft, any vessel >, shall be \ thus gone lat or craft cause have 11 be such lilotage. he rates of be entitled, e Schedule who shall the rates espectively t the Pilot of Quebec, ster require ^is arrival; he moment shall have unloading ; ihe Master, 1 board the day subse- reiy vessel not having lay proceed or to any y difference brought before the Trinity House of Qucbac, between a Pilot and a Master of a vessel, respecting the draft of water of such vessel, shall be decided on the report of the Harbour-Master. XLI. And be it enacted. That the Master of any vessel coming into the Harbour of Quebec, shall on the demand of the Harbour-Master, give him the draft of water and tonnage of such vessel, under a penalty of ten pounds, and any Master who shall not give the Harbour-Mastet the true draught of water and exact tonnage of his vessel, shall incur a penalty not exceeding twenty-five pounds. XLII. And be it enacted. That any Pilot saving or endeavouring to save a vessel in distress shall be entitled to a remuneration to be fixed by the Trinity House of Quebec, if such Pilot shall not have agreed with the Master or owner of the vessel as to the compensation for such service, provided he be not the Pilot on board and in charge of such vessel. XLIII. And be it enacted. That any Branch Pilot who shall bring back to the Harbour of Quebec, a vessel having sustained damage or lost any anchor or cable, shall be entitled to the pilotage downwards for the whole distance he may have gone, in ac- cordance with the rates in the Schedule (A) annexed to this Act, and further, to half pilotage for bringing the said vessel up. XLIV. And be it enacted. That any Branch Pilot in charge of a vessel, who shall be detained in quarantine at Grosse-Isle, or at any other quaran- tine station legally established in the Port of Quebec, shall, in addition to the pilotage be entitled to fifteen shillings for each day of detention, recove- rable in the same manner as pilotage. XLV. And be it enacted, That any Branch Pilot carried out to sea, or beyond the limits of the Port of Quebec, without his consent, shall be entitled, at the expense of the master or owner of such vessel, to a cabin passage back to the Port of Quebec, and, in addition to his pilotage, to the sum of six pounds sterlmg, per month, reckoning irom the day when he shall have passed the limits of the Port of Quebec b2 •h, H.ii \ i ^;l lii-.-^ i 18 to the day of his repassing them ; but he shall not be entitled to more than such a passage as above mentioned, and to forty days allowance, at the rate of six pounds sterling per month, reckoning from the day of his landing in a frequented port to that of his repassing the limits of the Fort of Quebec. XLVl. And be it enacted, That every boat or other small crafl, having on board one or more Branch Pilots in search of vessels, shall carry at the mast- head, a flag half red and half white, the colours being horizontally placed, and the white uppermost, and proportionate to the size of the boat or cmfl, under a penalty of ten pounds currency, recoverable from the master or owner of such boat or craft ; every boat or other small craft used by a Branch Pilot, shall, under penalty of ten pounds recoverable from the master or owner of such boat or craft, carry on each of its sails and on its bow and quarter, the number of its owner or of one of its owners; such numbers shall be in figures of eighteen inches in length ; for the pur- poses of this Act the Pilot whose number shall so appear on the sails and on the sides of such boat or craft, shall be deemed the owner thereof. XLVII. And be it enacted. That any Branch Pilot who shall conceal, or wilftilly allow to be con- cealed, the number on the sails or on the side of his boat or craft, shall incur a penalty of ten pounds. XLVIII. And be it enacted. That the master or owner of every boat or small craft, not having on board a Branch Pilot, which shall carry the distinc- tive Pilot-flag herein described, shall for each ofl!ense incur a penalty not exceeding ten pounds. XLIX. And be it enacted, That a description of the person of each Pilot shall be endorsed upon his Branch. L. And be it enacted, That every Branch Pilot taking charge of a vessel, shall, under a penalty not exceeding ten pounds, carry with him his Branch, and shall exhibit it to the Master of such vessel, who is required to demand its production, under a penalty not exceeding ten pounds. . LI. And be it enacted, That any Pilot suspended I I '^^'Mhk. 19 ill not above le rate from hat of 'I ■i or dismissed shall, under a penalty not exceeding ten pounds, deliver up his Branch to the Clerck of the Trinity House of Quebec, within three months from such suspension or dismissal and shall leave it theie so long as such suspension or dismissal shall continue. LII. And be it enacted, That on the death of a Pilot, his testamentary executor or other person into whose hands his Branch may come, shall deliver it up to the Clerk of the Trinity House of Quebec, un- der a penalty not exceeding ten pounds. LHI. And be it enacted. That the Master of each vessel leaving the Port of Quebec for a port out of this Province, shall take on board a Branch Pilot to conduct such vessel, under penalty equal in amount to the pilotage of the vessel ; which penalty shall go to the decayed Pilot Fund. LIV. And be inacted. That the Master of every vessel coming from a port out of this Province, and not having a Branch Pilot on board shall, on entering the port of Quebec, under a penalty of ten pounds, hoist the Union Jack at the fore-topmast head, and leave it so hoisted every day from day-light to dark, until boarded by a Branch Pilot. LV. And be it enacted. That the Master of any vessel arriving within the port of Quebec, and not having a Branch Pilot on boaid, who shall perceive at a reascnnable distance, the boat or other small craft of a Branch Pilot, carrying at the mast-head the distinctive Pilot flag, shall by lying-to, if the weather permit, or by shortening sail or other praticable means, facilitate the coming on board of such Pilot, and shall give him charge of his vessel, under a penalty not exceeding ten pounds, over and above the full pilotage, which shall be payable to such Pilot as shall have shewn by signal or other- wise, his intention to board the vessel and take charge thereof. LVl. And be it enacted, That the fund for the sup- port, and maintenance of decayed Pilots, their widows and children, shall continue as before the passing of this Act ; and the said fund and all monies forming part thereof, either before or alter the passing hereof A i i I 'I ■I 'I' •4 20 shall continue to be vested in the Trinity House of Quebec, which shall administer the same confor- mably to this Act. LVII. And be it enacted, That every Branch Pilot shall contribute to the Pilots' Fund one shilling in the pound on all monies to which he shal) be entitled un- der this Act for pilotage or other services. LVni. And be it enacted, That tho Master of every vessel not belonging to Her Majesty, shall retain in his hands one shilling out of every pound due for the pilotage of such vessel, whether upwards or downwards, and of every other sum payable by him to any Pilot for services of like nature, and shall pay over the sum so retained by him to the Treasurer of the Trinity House of Quebec, or to any other person the Governor may appoint to receive the same. LIX. And be it enacted. That any Pilot who shall pilot a Queen's ship in any part of the Port of Quebec shall, under a penalty not exceeding ten pounds, pay over withm three months thereafter to the Treasurer of the Trinity House of Quebec, one shilling in the pound on the amount of the pilotage of such vussel ; and the Treasurer of the Trinity House of Quebec, may administer to such Pilot an oath as to the amount received by him for such pilotage. LX. And be it enacted. That the Superintendents of Pilots sliall pay annually to the Treasuser of the Trinity House of Quebec, for the Pilots' Fund, one shilling in the pound on the amount of their salary ; and in the event of their resignation or removal as Superintendents of Pilots, they shall be Branch Pilels for all the purposes ot tiiis Act, and shall i)ar- ticipate in the Pilots' "*' .ti>d ic che suxae manner as if they had never ceased to act as Pilots ; at their death their widows and children shall have the same claim on the Pilot Fund as the widows and children of other Pilots. liXI. And be it enacted. That the Trinity House of Quebec shall, out of the Pilot Fund, grant to every distressed or decayed Pilot, his widow and I «i%|LZ 21 Louse of confoi- sh Pilot in the \led iin- ter of 9 shall pound pwards ble by re, aiul 1 to the y to any oive the lot who Port of ing ten ;afler to bee, one pilotage Trinity Pilot an or such tendents er of the md, one salary ; [noval as Branch aall ^Tar- manner at their ive the »ws and House [rant to )W and f children^ such assistance or pension as it may deem proner to grant them, conformably to this Act. LXII. And be it enacted, That every Pilot who shall have attained the age of sixty years may, on delivering up his Bianch to the Clerk of the Trinity House of Quebec, receive a pension out of the Pilot Fund. LXin. And be it enacted, That every sura of money belonging to the Pilot Fund, which shall not have been employed in the relief and support of decayed Pilots, or of the widows and children of Pilots, shall be placed at interest in the provincial or other public funds, or loaned on hypothec on real property : When any sum shall be loaned on nyi)othec out of the Pilot Fund, the Trinity House of Quebec shall require from the borrower two good and valid sureties, and shall satisfy itself that the property hypothecated, as well as that of the sureties, is not so encumbered as to endanger the sum so loaned. LXIV. And be it enacted. That the Trinity House of Quebec shall hear and finally determine every complaint and dilTerence between Pilots and their Apprentices, and shall for this purpose have all the powers vested in Her Majesty's Justices of the Peace and the Courts of Quarter Sessions in the several Districts of this Province, with regard to Masters and their Apprentices generally, ana may from time to time summon before it and examine any Pilot's Apprentice as to his progress in the business of a Pilot, and may impose a penalty not exceeding ten pounds, on any Pilot who may have neglected the instruction of his Apprentice. LXV. And be it enacted. That when at the expi- ration of his apprenticeship a Pilot's Apprentice shall be found incompetent to practise as a Pilot, the Tri- nity House of Quebec may oblige him to serve for a time not exceeding twelve months over and above the period of apprenticeship hereby required, and may at each examination which such Pilot's Ap- prentice may under go, oblige him to serve for a fiuther period not exceeding twelve months, if it 'f m Ms lil; \^'i > Mf [J 22 shall upon such examination deem him incompetent to practise as a Pilot. LXVI. And be it enacted, That The Trinity House of Quebec may hear and determine : Istly. Any matter in dispute between a Branch Pilot and the master or owner of a vessel, relative to any sum of money claimed for pilotage or other ser- vice of like nature. 2ndly. Any complaint against a Branch Pilot for negligence or misconduct in the performance of his duty, or for any contravention of this Act or of any By-law or order of the Trinity House of Quebec legally made and valid under this Act. 3rdly. Any complaint for contravention of this Act or of any By-law or order of the Trinity House of Quebec, touching which there is no exptress provision in any law regulating the powers and jurisdiction of the other judicial tribimals of this Province. LXVII. And be it enacted, That every suit brought before the Trinity House of Quebec shall be by sum- mons upon complaint and information ; and upon proof of service of the summons on the party oom^ plained agaiiast, by the baili£^ of the Trinity House of Quebec, or Marshal of the Admiralty, or sny other officer specially appointed to make such service, the Trinity House of Quebec shall jhear and determine such suit, whether the defendant be preseoit or ab^ sent ; the summons shall isscie under the seal of the Trinity House of •Quebec, and shedl be signed by the Clerk of the said Corpora/tion; a copy thereof may be served by any person legally authorized to jSLaJke such service on shore or on board of any vessel, inoit being one of Her Majesty's ship's, to which the defendant may belong, either personally on the delendftnt vA his residence or (as the case may be) on one Oif 1^0 company of any vessel under his charge ; there shall be at least forty-ei^t hours between the seriviee c£ the summons and the hearing the complaint. LXVni. And be it enacted. That the limits of the jurisdiction of the Trinity House of Quebec, so f«r as regards the service of execntion of any summons 23 sum- 1 or writ in the manner prescribed by this Act, shall be those of the District of Quebec. LXIX. And be it enacted, That when the Trinity House of Quebec shall have rendered judgment against any party, it may execute the same by means of a writ issued in its name and under its seal, signed by the principal and countersigned by the Clerk of the said Corporation, authorising and requiring the bailiff of the Trinity House of Quebec or the Marshall of the Admiralty Court, or any other officer named for that purpose, to levy by seizure and sale of the moveables, of the party against whom the judgement is rendered, the amount of such judgement with the costs of suit and of the seizure, and if it appear by the return of the bailiff or other officer having the exe- cution of the writ, that such moveables are insuffi- cient to satisfy the amount of the judgment and costs, the Trinity House of Quebec may immediately issue a writ of arrest C observing the same formalities as in the former writ ) authorizing the bail^if, marshal, or other officer named as aforesaid, to apprehend the person against whom such judgment was rendered, and to convey him to the Common Graol of the District of Quebec, there to remain for a period not exceeding one month, unless the amount of the judgment and costs be sooner paid. LXX. And be it enacted, That when the party against whom judgment has been rendered by the Trinity House of Quebec, shall not have sufficient moveables within the jurisdiction of the Corporation, but shall have moveables within the Trinity House of Montreal, the Trinity House of Quebec may issue a writ, ( observing the formalities aforesaid, ) and address it to the bailiff of the Trinity House ot Montreal, who« on receiving the same, shall cause it to be endorsed by the Master of the Corporation last named, and shall then execute and return it to the Trinity House of Quebec ; and if the moveables be not sufficient tc pay the amount of the judgement and costs, the Triiiit^ House of Quebec shall issue a writ of arrest addressed to the bailiff of the Trmity House of Montreal, who alter having had it endorsed 24. Or 1% u >f I. * I by the Master of that Corporation, shall apprehend the person against whom it is issued, and convey him to the Common Gaol of the District of Mont- real or of Three-Rivers, as the case may be, there to remain for a period not exceeding one month, unless the amount of the judgement and costs be sooner paid. LXXI. And be it enacted, That the bailiff of the Trinity House of Quebec, or the bailiff of the Trinity House of Montreal, or other officer performing their duties, to whom a writ of execution or of arrest shall be adressed may execute it on board of any vessel, not being one of Her Majesty's ships, within the li- mits of the Port of Quebec, or of the Port of Mont- real, as the case may be. LXXII. And be it enacted, That whenever under a writ issued by the Trinity House of Quebec, the bailiff of that Corporation, or the bailiff of the Trinity House of Montreal, shall have seized in the Harbour of Quebec or of Montreal, as the case may be, the moveables of the party against whom the Trinity House of Quebec shall have rendered judgment as aforesaid, the sale of such moveables shall be pre- viously advertised at Quebec or at Montreal, as the case may be, once in English in a newspaper pu- blished in English, and once in French in a news- paper published in French, and when the seizure shall be made in some other pait of the Port of Quebec or of Montreal than in the Harbour of Que- bec or of Montreal, as the case may be, the sale shall only take place after public notice thereof, given on a Sunday or holy-day at least twenty-four hours pre- viously, at the door of the nearest church. LXXIII. And be it enacted, That any Pilot con- demned in any case to pay a penalty exceeding five pounds, or suspended or deprived of his Branch, may appeal to the Court of Queen's Bench in Superior Term 5 and any Pilot intending to appeal from a de- cision of the Trinity House of Quebec, shall give notice thereof in writing to the Clerk of the Corpo- ration, within fifteen days after such decision ; and after having previously given sufficient security for the costs in appeal, shall proceed with the appeal at the 25 Superior Term next following the said fifteen days ; no judgment rendered against a Pilot by the Trinity House of Quebec from which he may appeal under this Act shall be executory until after the fifteen days next following the date of such judgment ; and further in case of appeal, the judgment of the Trinity House of Quebec if affirmed, shall have effect and execution only after such affirmation, and if the Pilot be suspended, the term of suspension shall date from the day the judgment is affirmed. LXXIV. And be it enacted. That every person not being a Pilot ( whose case is elsewhere provided for by this Act, ) against whom the Trinity House of Quebec may have rendered judgment for a sum exceeding ten pounds, shall be entitled, provided he gives notice of his intention to the Clerk of the Cor- poration within four days after the date of such judgment, to appeal to the Court of Queen's Bench in Superior Term, on giving good and vahd security to the party in whose favor the judgment was ren- dered, for the amount thereof and of the costs of appeal and others ; and shall proceed in the appeal at the then next Superior Term of the said Court. LXXV. And be it enacted. That the service of any Summons upon a Pilot shall if the Bailliff or person doing his duty cannot find the defendant, be sufficient if he serve a copy thereof on any other person either at the residence of the defendant or on board of his boat or other craft belonging to him, or on board of any vessel then under his charge. LXXVI. And be it enacted. That the Master of any vessel, believing that he has ground of com- plaint against his Pilot for bad conduct during the upward or downward passage of such vessel, shall, on pain of losing all right of complaint, inform the Harbour Master thereof within four days after his arrival in the Harbour of Quebec ; and the right of complaint against a Pilot for any accident in the Harbour of Quebec or for any other cause, shall be lost to any Master of a vessel, who shall not submit his complaint to the Harbour Master within forty- eight hours after such accident or other ground of complaint. c 1^ i'^! H M 26 LXXVII. And be it enacted, That the Trinity House of Quebec may summon before it the Master of any vessel, in which a Pilot's Apprentice has made one or more voyages across the Atlantic, and interrogate him under oath respecting such voyages ; it may in like manner summon before it any Pilot under whom an Apprentice has served and question him imder oath respecting such apprenticeship ; and every Master of a vessel, or Pilot who shall refuse to obey such summons or to answer the questions put to him respecting such Apprentice, shall for such refusal incur a penalty not exceeding twenty pounds, which he shallpay within forty-eight hours after judgment, on pain of imprisonment in the Common Gaol of the District of Quebec, for a period not exceeding fifteen days. LXXVIII. And be it enacted, That the Trinity House of Quebec may examine, under oath, any Pilot's Apprentice, respecting his apprenticeship. LXXIX. And be it enacted. That the Trinity House of Quebec may summon before it, as a witness, any person whose evidence may be lequired in any suit whatsoever, and may issue a warrant of arrest against any person refusing or neglecting, without just cause, to appear at the time appointed in such summons ; it may also impose a fine, not exceeding ten pounds, on any witness so refusing or neglecting to appear. LXXX. And be it enacted, That the Trinity House of Quebec may issue a warrant of arrest against any person appearing before it as witness, who without reasonable cause, shall refuse to answer, and may commit him to the Common Gaol of the District of Quebec for a period not exceeding fifteen days. LXXXI. And be it enacted, That the Trinity House of Quebec, when sitting as a judicial tribunal, shall administer an oath to every person giving evidence before it. LXXXII. And be it enacted. That the Trinity House of Quebec may allow a fair compensation for travelling expenses and loss of time, to every person I I i hi 1 27 rrinity Master ce has ;ic, and ►yages ; y Pilot uestion p ; and efuse to s put to L refusal , which igment, L of the g fifteen Trinity ith, any ship. Trinity witnessi d in any >f arrest without in such weeding glecting y House linst any without and may [strict of ys. Trinity tribunal, ti giving e Trinity sation for ry person 3 appearing before it as witness, and the sum so allowed shall form part of the cost in the suit. LXXXIII. And be it enacted, That the Trinity House of Quebec may in its discretion award costs of suit against the plaintiff or defendant, or set them off against the sum awarded, as it may think equi- table. LXXXrV. And be it enacted, That the Trinity House of Quebec, when sitting as a judicial tribunal, shall have like powers for the preservation of order during its sittings with any other Court of Justice in this Province. LXXXV. And be it enacted, That every plaintiff or defendant may appear and be heard before the Trinity House of Quebec by counsel. LXXXVI. And be it enacted, That the Master or commander of any vessel ( including Transports em- ployed in Her Majesty's service ) who shall leave the port of Quebec, and who shall not have pro- ceeded to the port of Montreal for a port situate beyond the eastern limits of the Province, shall, over and above all other sums payable under this Act, pay to the Treasurer of the Trinity House of Quebec or to any other person who may be appointed for that purpose by the Governor, the sum of five pence for every ton measurement of such vessel ; and the Master or Commander of any vessel ( including Transports employed in Her Majesty's service ) who shall leave the port of Montreal or the port of Quebec after having proceeded to the port of Montreal, for a port situate beyond the eastern limits of the Province shall pay to the Treasurer of the Trinity House of Quebec or to any other person who may be appointed for that purpose by the Governor, the sum of two pence for every ton measurement of such vessel. LXXXVII. And be it enacted. That the Collector or other Officer of Her Majesty's Customs at the port of Quebec, or the Collector or other Officer of Her Majesty's Customs at the port of Montreal, as the case may be, shall not grant a clearance outwards from either port to any vessel for any port out of the Province, unless the Master of such vessel shews him 28 II , i^ ll>^ :M r: ,.ii^ a certificate from the Treasiuer of the Trinity House of Quebec or from any other person duly appointed to iihat effect by the Governor, proving that he has paid the tonnage dues imposed by the eighty-sixth Section of this Act, and the per centage on the pilo- tage required by the fifty-eight and fifty-ninth Sec- tions. LXXXVIII. And be it enacted, That the person appointed under this Act by the Governor to collect the per centage or Pilots' contribution, and the ton- nage duty, shall on the first of each month pay ovei tlie amount by him received to the Treasurer of the Trinity House of Quebec, delivering to him at the iame time a detailed account of the monies collec- ted. LXXXIX. And be it enacted. That the master of any vessel not requiring a clearance (as a transport or other vessel in Her Majesty's service) who shall leave the port of Quetjec for a port out of the Pro- vince, without having paid to the Treasurer of the Trinity House of Quebec or to the person appointed by the Governor to receive the same, the tonnage dues and per centage or contribution of the Pilot to the Pilot Fund, shall incur a penalty not exceeding twenty-five pounds. XC. And be it enacted, That the master or owner of any vessel employed in coasting within the li- mits of this Province, and passing any light-house, light, buoy, or other beacons under the control of the Trinity House of Quebec shall, under a penalty not exceeding ten pounds, take annually from the Treasurer of the Trinity House of Quebec a license, gmtis, in the form of the Schedule B, and shall pay to the said Treasurer the sum of four pence for each ton measurement of such vessel ; no such license sliall be valid for more than one season of navigation, and the Collector or other officer of Her Majesty's Customs at the Port of Quebec, shall not grant a cleamnce to any such vessel from the said port, unless the master of the vessel shall produce such license to him. XCI. And be it enacted, That whenever the Tri- 29 nity House of Quebec shall desire to acquire any land for the erection of light-houses or for other pur- poses connected with the improvement of the river St. Lawrence ; or whenever it shall be in possession of lands not belonging to it, but required for its use, and whenever in either case, an amicable arrange- ment with the proprietor shal7. not take place, the price to be paid for such land shall be determined as follows : The Trinity House of Quebec and the proprietor shall each appoint a disinterested arbitra- tor, and the two arbitrators shall name a third also disinterested ; the three arbitrators, after being sworn, before one of the Judges of the Court of Queen's Bench of the District of Quebec, to fulfil their duty honestly and impartially, and having reciprocally given notice of the time and place of their meeting, shall determine the price to be paid by the Trinity House of Quebec for such land, and their decision shall be final. XCII. And be it enacted, that if the proprietor of the land shall, after having been notified by the Tri- nity House of Quebec, refuse or neglect to appoint an arbitrator to fix the price thereof, or if the two arbi- trators appointed by the two parties interested, shall not agree upon a third, one of the Judges of the Court of Queen's Bench shall name an arbitrator for the proprietor, or (as the case may be,) the third ar- bitrator : in case of the death of an arbitrator, or his refusal to act, the party who shall have appointed him, or the judge as the case maybe, may appoint another in his place ; and three arbitrators being respectively sworn by one of the Judges of the Court of Queen's Bench, shall decide finally on the price to be paid by the Trinity House of Quebec for the land. XCni. And be it enacted. That when the arbitra- tors shall have determined the price of any land, the Trinity House of Quebec may take the same, and be- come proprietor thereof, by paying the price so fixed, either to the proprietor or into the hands of the Pro- thonotaryof the Court of Queen's Bench for the Dis- trict of Quebec, for the proprietor, and the price c2 80 -i ( l^li m .'it: -1/ . I agreed upon or awarded for any land taken or kept by the Trinity House of Quebec shall be in the place and stead of the land, and all claims to or upon the land shall be converted into claims to or upon such price, and if the Trinity House of Quebec have rea- son to apprehend that any claim may exist to or upon the price, on the part of any third party, it may pay such price into the hands of the Prothonotary of the Court of Queen's Bench for the District of Quebec, fylingat the same iime a copy of the deed of pur- chase or of the award, and the Court after having caused due notice to be given for calling in all clai- mants, shall make such order for the distribution of the price and with regard to interest thereon and to costs as to law may appertain. XCIV. And be it enacted. That the Trinity House of Quebec shall not pay any sum of money, either for the purchase of a steamer or other vessel, or of a new piece of land, or for the value of a piece of land already occupied but not owned by it, without the previous sanction of the Governor in Council ; and such purchase money or indemnity shall be paid out of the monies raised, and not specially appro- priated by this Act, or out of any other sum of monies appropriated generally for the improvement of the River and Gulf of St. Lawrence. XCV. Andbe it enacted, That any person running foul of and damaging any buoy, or mooring any vessel to any vessel placed in the river as a light ship, or to any buoy belonging to the Trinity House of Quebec shall, over and above the payment of the expenses of replacing or repairing the same, incur a penalty not exceeding ten pounds. XCVI. And be it enacted. That the Trinity House of Quebec, may borrow money to the amount of ten thousand pounds including the amount which msy have been borrowed under the Ordinance of the Governor and Special Council of the Province of Lower-Canada, passed in the fourth year of Her Majesty's Reign, and intituled, " An Ordinance to ** authorize the Corporation of the Trinity House of Quebec to borrow a certain sum of money, and for ti 81 (I other purposes relative to the said Corporation, " which Ordinance is hereby repealed, without pre- judice to any right thereby vested in ? lenders. XCVII. And be it enacted, That every sum of money borrowed under the said Ordinance or under this Act, and the interest thereon, shall be paid out of the funds of the Trinity House of Quebec, in pre- ference to any other payment or charge whatsoever, XCVIII. And be it enacted, That every person ^.nding any effect or thing in the River St. Lawrence, or on the beach thereof, or in any part of the rivers running into the same, within four days, if the same be found within the Harbour of Quebec, and within fifteen days if the same be found within any other part of the port of Quebec, give notice thereof to the Harbour-Master, under a penalty not exceeding ten pounds, and shall give him a descrip- tion of the thing found : If in the meantime the master or owner claims the same, he shall pay to the finder for his trouble, a fair remuneration, to be fixed by the Trinity House of Quebec when the parties cannot agree upon it. XCIX. And be it enacted, That when any thing found in the River St. Lawrence has not been claimed, the Harbour-Master may advertise it during four weeks in English and in French in two or more newspapers published at Quebec, and if within six months after such publication the same be not claimed, the Harbour-Master shall sell the same publicly, and after deducting the expenses of advertising, sale or otherwise, two thirds of the proceeds of the sale shall revert to the finder, and the remaining third to the Trinity Horse of Quebec. C. And be it enacted, That in no case shall a suit be brought for contravention of this Act or of any By- law of the Trinity House of Quebec after twelve months from the date of such contravention. CI. And be it enacted. That at any meeting of the Trinity House of Quebec, all questions shall be decided by the majority of the members present. CII. And be it enacted. That the persons and authorities required by this Act to administer as it ii.' 32 oath for any purpose are respectively empowered to administer the same, and shall do so without remuneration. CIII. And be it enacted. That every person who shall knowingly swear falsely in any case whereby this Act an oath is authorized or required, shall be deemed guilty of wilful and corrupt perjury and punishable accordingly. CIV. And be it enacted. That the Trinity House of Quebec may purchase a steamboat or other vessel for its use. CV. And be it enacted. That all suits for penalties before the Trinity House of Quebec may, except where it is otherwise herein specially provided, be brought in the name of the Harbour-masler or of any other person. CVI. Andbe it enacted. That all pecuuiary penal- ties paid by Pilots, under this Act or under the By- laws of the Trinity House of Quebec, shall form part of the Pilot Fund, and those paid by others than Pilots and not hereby otherwise appropriated, shall form part of the Funds of the Trinity House of Quebec. CVn. And be it enacted, That in any suit wherein the Harbour-Master is the prosecutor and the suc- cessful party, he shall recover costs which shall go to the funds of the Trinity House of Quebec, and when he is unsuccessful, costs shall be awarded against him and paid out of the sflid funds. CVin. And be it enacted. That all monies col- lected or borrowed by the Trinity House of Quebec under this Act, and not hereby otherwise appro- priated, shall tie employed by the Corporation in improving the navigation of the River St. Lawrence, or for any other purpose consistent with this Act. CIX. And be it enacted, That the Trinity House of Quebec shall publish yearly, in the month of January, (in English in a Quebec newspaper published m English, and in French in a Qi^ebec newspaper published in French,) a geneml state- ment of the monies received and paid which form part of the Pilot Fund,«-the amount of pecuniary 88 penalties paid to this Fund) — the amount received for per centage or contribution of Pilots,— the names of persons receiving pensions and aid out of the said Fund, — and the amount received by each. ex. And be it enacted, That the Trinity House of Quebec shall lay before the Legislative Assembly of this Province within fifteen days after the opening of each session, a detailed statement of all sums re- ceived and paid, forming pait of the funds of the Cor- poration, or of the Pilots' Fund. CXI. And be it enacted that the Governor may at any time and in any manner he may think proper, require from the Trinity House of Quebec an account of the monies received and paid by it. CXII. And be it enacted, That every payment made by the Treasurer of the Trinity House of Que- bec, shall be made upon certificate of the Clerk of the Corporation. CXIII. And be it enacted. That the Treasurer ol the Tiinity House of Quebec shall before entering on the duties of his office, give security to Her Majesty to such amount and in such manner as the Governor in Council shall from time to time direct. CXIV. And be it enacted, That the Harbour- Master, the Assistant Harbour-Master, the Super- intendents of Pilots, the Treasurer, the Clerk, the Bailiff and the other officers and functionaries of the Trinity House of Quebec, shall be subject to the By-laws and orders of the Corporation, which shall define their respective duties and powers. CXV. And be it enacted, That the Clerk and the Treasurer of the Trinity House of Quebec may in case of sickness or of absence, appoint Deputies who shall act in their place and shall have their powers and duties, such Deputies being subject to the appro- bation of the Trinity House of Quebec ; but the Clerk and the Treasurer shall not in any case be relieved from the responsability attached to their respective offices. CXVI. And be it enacted. That the members and officers of the Trinity House of Quebec shall not be liable to serve either as Jurors or as Assessors or Constables. Mi 8i CXVII. And be it enacted, Tliat no Branch Pilot ghall be liable to serve either as a Militia-man or petit juror or constable. CXVIII. And be it enacted, That all public Kionies received and paid under this Act, shall be {cconnted for to Her Majesty in such manner and form as Her Majesty shall direct. CXIX. And be it enacted. That the words hereinafter mentioned, shall for the purposes of this Act, be construed and shall mean as follows : 1st. The Master^ — The Deputy-Master, or as the case may be, the Senior Warden, in all cases where any thing is required to be done by the Master, and generally where any officer is named his Deputy or the person legally empowered t3 perform the duties of his office, shall be included. 2nd. Vessel, — Any sailing vessel, steam vessel, schooner or other vessel or craft. 3rd. Master of a vessel^ — The Captain, Master, Commander, or other officer or person in charge of such vessel. 4th. Oath, — An oath or an affirmation incases where the law allows an affirmation in place of an oath, wad. false swearing shall include false affirma- tion. CXX. And be it enacted, That this Act shall be deemed a Public Act, and as such shall be judicially noticed by all Judges, Justices of the Peace and others. ^ / ii i CO ^ o p o < Cj 3: (-> 53-* g B 53* CD CO 5 •O Nrt«l 9 o 2-5 W co-t: n ?B B 5* cr o »« « "1 >r« B 0, en •— ST "^ 6 rfs. (t>^ •?*» J"" o 1 6 9 cro !•«; aft rrffBir l?ii?? »&^2 H • P CL. M <1 ? wliss- O A B ^ o.'" ^ S-**" !?•* S <*!-•• trS-**! 2.5:« s B . B B S2. rS ,9-^t. ^J H 8) ? — "v— W .i-» ^ re M ?r3 2- S^ — B* O ffO^ re B^-i "ra B* • re 1^ • c* re : : > : i -5"l • ^-o rage he uebe • • • • • ; p w 2 : : g^. : : 5'3 : o i : • '*^-. : ' B : : i w"' . • ' p m • : : 3-3: ►1 Q.' O S CO © 9 I m c r m 9 U en m U9 0' §- o o OB s 5 00 o o o< o o o o 03 on B ^^ CO cm 2 5» 3 O O B* re «» "^ CO 5? ft. o o o o 5 t3 CO (a 00 «B o o o o s: 0-. t9 CO O J* «*■< Pore a ^ I > o re o 2» B B* re 9 I I a I 36 1^ Table II. — Table of Rates of Pilotage for the Harbour of Quebec and below. FROM Any Wharf in the Harbour of Quebec between Pointe-d' Cards below, and Brehaut's Wharf above^ both inclusive. . Any place in the Harbour of Quebec, not being a Wharf within the above mentioned limits TO To any other f Wharf within -{ the said limits Any other place in the said Harbour not being a i Wharf with in the said li mits , s. D. U 8 23 4 SCHEDULE B. Form of License, This is to certify that owner (or master or commander, as the case me be) of the named the has paid to the Treasurer of the Trinity House of Quebec, the sum of being at the rate of pence per ton, according to the register of the said the and the said the is, by virtue thereof, entitled to navigate the River St. Lawrence, within the limits of this Province, and to have the benefit of the Light-houses which the said Corporation hath erected to facilitate the navigation thereof, during the navigation season of the year one thousand eight hundred and Given in the City of Quebec, under the hand of the Master of the Trinity House of Quebec, and under the seal cf the said Corporation, this day of in the year of Our Lord and in the year of Her Majesty's Reign. [L. S.] (Signature,) Trinity House. m PAGES. Preamble 3 I Clause repealing all previous acts and ordinances relative to the T. H, Q., sec- tions 1, 2, 3, 4., 5, 6, 7, 8, 9, Ii>, 11... * . ... 3 & 5 Acts repealed by previous acts repealed by this act not revived, shttie clause sec- tion 12. ... * i , w •. ... w i i .... i ....... . 5 Things done and rights acquired uAd^t previous acts to remain V^Iid, 2d clause 1st. section......... .i... ••...... ^... 5& 6 Corporation heretofore existing to Cbntiiiue ; have a seal ; may hold mov6ilble and iitj- moveable propetty ; plead and be pltoded, same c. sect. 2^ i.......^. 6 Present officers oontinuec, but thederk and treasurer to be t^o sepai^t^ J>er^ons, same c. sett, 3i. ,,..^,^,.,,*. 6 T. H. to consist of a Master, Depitty-M&s- ter and seven Warden^, same c. 4 sfect.. . 6 & 7 Power of the Governor to appoint and re- move the officer of the T. H. Q., same c. sect. 9,,.iii%m^ii,.,,. 7 Days of meetings ; quorum ; president, C. 5 8 & 9 Cul-de-Sac still the property of the T. H. Q.,C. 10.. ..•...•. .444. .i;. ......... 11 Existing By-laws continue! till repealed, c. 4 8 Power of the T. H. Q., to make By-laws and objects of said By-laws, c. 6, sects* 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15. . . 9 & 10 Formalities to be accomplished before a new By-law can be sanctioned by the Gover- nor, c. 7 10 By-laws to be published before they take effect ; printed in a pamphlet form ; copies of said By-laws certified by the clerk deemed authentic, c. 8 10'& 1 1 i II T. H. Q., may, by By-laws, impose penal- ties not exceeding ilO for contravention to its By-laws or orders, c. 9 11 liimtts. Limits of the Port of Quebec, c. 11 11 Limits of the Harbour of Quebec, c. 12. . . . 11 Limits of the River St. Lawrence, c. 13.. 11 & 12 Apprentices. Conditions on which aBranchmay.be ob- tained, c. 15 12 Qualifications for obtaining a Branchy c. 2 1 . 13 Apprentices to explore the North Channel at least twice a year, c.22. . . • ., 13 No one to become apprentice without the , permission of the T. H. Q. and the , master pilot to execute certain formalities c. 33 15 Old apprentices subjected as regards their qualifications, only to the by-laws in force at the date of their indentures, c. 34. ... 15 & 16 T. H. to determine differences between pi- . lots and their apprentices ; examine ap» prentices from time to time and fine theii master for neglect, c. 64 21 Power of the T. H. to oblige an incom- petent apprentice to serve a certain time above the period of his apprenticeship, c. 65 21 & 22 Power of the T. H., to examine pilotp under oath respecting the apprenticeship of their apprentices, c. 77 26 Power of the T. H. to examine under oath, apprentices on their apprentiship,c. 78.. 26 T. H. may examine miasters of vessels in which a pilot's apprentice has made one or more voyages, c. 57. . • 26 Branch and Penalties* Pilots having a Bmnch before this act keep , Ill ;22 the same, c. 16 ,. 12 Penalty of £50 on pilots not practising dur- ing 2 consecutive years, c. 17 ,. 12 Pilots resigning his Branch not to pay the penalty of £50, c. 18 12 Pilot's Branch, to be registered, c. 19 12 T. H. Q., may fix and receive fees in suits and for delivering and registering pilots' Branches, c. 20 12 & i;^ T. H. Q., may fine, suspend or dismiss a pi- lot according to the gravity of the offence, the pilot losing, damaging or delaying considerably a vessel under his charge, c. 23 13 & U Pilot deprived of his Branch for drunkeness may recover it on certain conditions, c. 25. H Pilot deprived of his Branch for gross mis- conduct may recover the same by under- going a certain examination, c. 26 H Pilot suspended not to be deemed a Branch pilot,c. 27 , 14. T. H. may impose a penalty on pilots, re- fusing to board a vessel, c. 28s , . . 14^ Pilot dismissed, suspended or fined for abandoning a vessel under his charge, c. 29 15 Penalty on pilots not obeying the orders of the Harbour-Masters, c. 31 15 Pilot not to have apprentices unless licenced to that effect 15 Penalty on persons other than pilots piloting vessels, c. 35 16 Pilot boat to carry a certain flag, also the number of the owner on its sails and bow and quarter, c. 46 IS Penalty against the pilot concealing his number on his boat or sails, c. 47 18 Description of the pilot endorsed upon his Branch, c. 49 18 Pilot to carry his Branch with him, c. 50.. . IS Pilot dismissed or suspended to deliver his Branch to the clerk of the T. H., c. 51. . . 18 Sr. 19 IV Pilot's Branch to be delivered to the clerk of the T. H., after his death, o. 52 19 Pilot having right of appeal in certain cases, c. 73 24.&25 Service of a summons upon a pilot, c. 75. .. 25 Complaints against pilots to be made within * a certam time, c. 76 , , 25 Pilots not to be militiamen, petty jurors, or constables, c. 117. 34* Pilot not to receive his pilotage if the da- mage be equal to, or exceed such pilot- age, c. 24 14 The master of a boat directing the course of a vessel having a right to the pilotage c. 36 16 Rates of pilotage, (vschedule A.) and pe- nalty on the pilot receiving less than the legal pilotage, c. 37 16 Pilots to remain 48 houis on board of vessels after their arrival ; paid in certain cases ; paid if retained after the 48 hours, c. 38. 16 Pilot saving a vessel in distress intitled to a lemuneration, c. 42 17 Pilot having right to a pilotage and a half for vessels damaged brought back to Que- bec, c. 43...... ., 17 Pilot entitled to 15 shillings for each day of detention at quarantine station, c. 44 17 Pilot carried out to sea without his con- sent, c. 45 17 & 18 Table of rates of pilotage (schedule A.). ... 35 & 36 JPIliOTS' FlJIfp. Contributions^ pensions^ ^c. Pilots' fund, c. 56 19 & 20 Contribution of the pilot to the Pilot's fund, C.57 20 Pilot piloting a Queen's ship to pay the con- tribution to the treasurer of the T. H., c. 59 20 k25 IS 36 20 V Pensions to decayed pilots, their widows and children, C.61 20 Ac21 Pilots over 60 years, c. 62 21 Moneys belonging to the pilot's fund to be invested, c. 63 21 illesters of ITessels^ &c. Master promising a vessel to a pilot, c. 30. 15 Penalty for employing other than a Branch pilot, c. 35 16 Penalty against the master offering less t!mn the legal rate of pilotage, c. 37 16 Differences respecting the draft of water to be decided by the T. H., c, 40 16 & 17 Draft and tonnage to be given to the Har- bour-Master, c. 41 17 Owner of a boat other than a Branch pilot, carrying the pilot's flag, c. 4S 18 The master to require of the pilot the exhi- bition of his Branch, c. 60 18 Master of a vessel to take a pilot down- wards, c. 53 19 Master of a vessel coming from an out sea- port to hoist the Union Jack, c. 54 19 Vessels coming in sight of a pilot boat to lie-to, c. 55 19 Appeal given to persons not being pilots, c.74 25 Penalty for running foul of or damaging buoys, c. 95 30 Time for right ofsueing limited, c. 100, ... 31 Ballast Ctronnd. Certain vessels may proceed at once to bal- last ground 16 Tonnage and other dues. Master of a vessel not belonging to Her Ma- jesty, to pay to the Treasurer of the T. H. the pilot's contdbution, c. 58 20 Tonnage duty on sea going vessels, c. 84. . 27 Clearance outwards not to be granted until dues are paid, c. 87 27 & 28 N VI Vessels not requiring clearance, to pay the tonnage duty and pilot's contribution un- der a certain penalty, c. 89 28 Every coasting vessel to take a license and to pay a duty, c. 90 28 Form of license (schedule B.) 36 Salvage allowed in certain cases, c. 98.... 31 JTsidiclal powers of the T. H. and sutts before It. T. H. to determine claims for pilotage, dec, c. 66, sect. 1 22 T. H. to determine complaints against pilots for negligence or misconduct ; for contra- vention of this act or by-laws of T. H. same c. sect. 2. • • 22 T. H. to determine complaints for contraven- tion of this act, or by-laws, or orders of the T. H. same c. sect. 3 22 How to bring writs before theT. H. c. 67. 22 Territorial limits of the jurisdiction of the T.H.c.68 22&23 How judgment of the T. H. to be executed, c.69 23 Judgments of the T. H. Q. may be executed in the districts of Montreal or Three-Ri. vers, c. 70 23 How to execute warrants of arrest, c. 71,. 24 Notice to be given before a sale takes place nnder a writ of the T. H. c. 72 24 Power of the T. H. to summon witnesses, c. 79 26 " to commit witnesses, c. 80 26 " to swere witnesses, c. 81 26 <' to allow compensation to witnesses c.82 26 & 27 <• to award costs, &;c. c. 83. 27 « to preserve order, c. 84 27 Pnuies may appear by counsel, c. 85 27 ?'iajority of the members of the T. H. to decide, c. 101 31 False swearing punished, c. 103 ....,.,. 32 VII others powers and duties of the T. 11 . How the T. H. shall proceed to take lands for its use, c. 91 , . 28 & 29 A judge of the Court of Queen's Bench to ap- point an arbitrator in certain cases, c. 92. 29 T. H. may take the land after the aibitration on depositing the price awarded, c. 93. . . 29 & 30 T. H. not to purchase land or vessels with- out the consent of the gov. general, c. 94 30 T. H. may borrow money, c. 96 30 & 31 Loans made by the T. H. to have a prefe- rence over other payments or charges, c.97 3 T. H. may buy a steamer, c. 104 32 Penalties how appropriated, c. 106 32 How to employ moneys borrowed and col- lected and not otherwise appropriated, c. 108 32 T. H. to publish a yearly account of the pi- lot's fund,c. 109 32&33 T. H. to lay statements of receits and pay- ments yearly before the legislature, c. 110 33 The Governor may require accounts from the T. H. at any time, c. Ill 33 Officers of the T* H. and duties of the same. Oaths to be administered free by the compe- tent authorities c. 102. . • • 32 Salaries of the officers fixed, c. 3, sects. 1 & 2 7 & 8 Interpretation clartse, c. 119 34* No member of the T. H. Q., to contract with the said body, same c. sect. 5 7 Officers of the T. H. Q., to take oath before enterringon their duties of office, c. 14>.. 12 Officers of the T. H. to be subjected to its orders, c. 114* 33 Officers of the T. II not to serve as jurors, assessors or constables, c. 1 16 33 Two superintendants of pilots, one of which a Warden, same c. sect. 6 7 The Master of the T. H. Q., ex officio prin- VJTl cjpalof the said body, same c. sect. 7 7 Superintendents of pilots to pay tho pilot's contributionr and share in tne pilot fund, c. 60 20 A Harbour-Master and an Assistant-Har- bour-Master, same c. sect. 8 1^ Harbour- Master to advertise when things are found in the River, c. 99. 31 Harbour-Master to recover costs when pro- secutor and successful, and his costs to be paid by the T. H. when looser, c. 107. . . 32 Harbour-Master to prosecute pilots loosing, damaging or delaying vessels, c. 23 13 & M< Writs for penalties generally to be brought, the Harbour Master c. 105 32 Treasurer to make payments upon the cer- tiiicate of the clerK, c. 11^ «... 33 Treasurer to give security, c. 113 33 Clerk and treasurer may appoint deputies, C.115 33 Persons appointed by the governor to col- lect the pilots' contribution and tonnage due to pay over the same to the treasurer of the T. H. c. 88 28 Moneys received and paid under this act are accountable, for to Her Majesty, c. 118.. 34 Interpretation clause, e. 119. 34* This act deemed a public cfct, c. 120. ..... .34* « . « J- I'-'.:', .# ,^-^... 'I. i'Sf^i