CHAP. 9. An Act to provide for the appointment of Harbor Masters for certain Ports in the Provinces of Nova Scotia and New Brunswick. [Assented to 3rd May, 1873.] ER Majesty, by and with the advice and consent of the Preamble, follows: 1. In the construction, and for the purposes of this Act (if not Interpreta inconsistent with the context or subject matter), the following tion. terms shall have the respective meanings hereinafter assigned to them, that is to say: "Ship" shall include every description of vessel used in navigation, not propelled by oars. "Master" shall include every person (except a pilot) having command or charge of a ship. "Harbour Master" shall mean a Harbour Master appointed under this Act. "Port" shall mean a port to which this Act applies. Harbor 2. The Governor may from time to time appoint a Governor may fit and proper person to be Harbour Master for any port in the appoint Province of Nova Scotia, or in the Province of New Brunswick to Masters. which this Act applies. Masters 3. Every Harbour Master appointed under this Act shall be Report by under the control of the Minister of Marine and Fisheries, to Harbour whom he shall furnish a report in writing and on oath, as soon as to Minister of possible after the thirty-first day of December in each year, of Marine and his doings in office, and of the fees of office received by him during such year. Fisheries. in Council 4. The rights, powers and duties of the Harbor Master for any Regulations port, shall be such as may from time to time be conferred and by Governer imposed upon him by rules and regulations made by the Governor in Council for the government of his office and of the port for which he is appointed, and for his remuneration; which rules and regulations the Governor in Council is hereby authorized and empowered to make, and from time to time to alter, amend or repeal; and any such rules and regulations may be so made to apply to any one or more ports to which this Act then applies, or may be afterwards extended by Order in Council to any such port. 5. The Governor in Council may in and by any rule or regu- Regulations lation made under the next preceding section, impose any penalties, may impose reasonable Copies to be furnished to Pilots. Prosecutions Remuneration of Harbor Master. Foes. Salary, how fixed. Balance to be reasonable penalty, not exceeding in any case one hundred dollars, for the breach of such rule or regulation, with, in case of a continuing breach, a further penalty, not exceeding in any case ten dollars for every twelve hours during which such breach continues, but so that no such rule or regulation shall impose a minimum penalty; and every breach of any such rule or regulation shall be deemed a contravention of this Act, and every such penalty shall be held to be a penalty imposed by this Act. 6. The Harbour Master for any such port shall furnish copies of the rules and regulations made under the next preceding section, and then in force, to every licensed pilot of the port, who shall give one of such copies to the master of every ship which he shall take in charge. 7. It shall be the duty of the Harbour Master of any such port to prosecute every person violating any rules or regulations made by the Governor in Council under this Act. 8. The Harbour Master for any port shall be remunerated for his services solely by the fees, or the portion hereinafter mentioned of the fees, which he may from time to time be authorized by the rules and regulations, to be made as hereinbefore provided for, to collect, in respect of ships not exempt from the payment thereof as hereinafter mentioned, entering such port, but which shall not at any time exceed the following rates, that is to say : For every ship of two hundred tons or under, registered tonnage, one dollar. For every ship of more than two hundred tons, but not more than three hundred tons, registered tonnage, two dollars. For every ship of more than three hundred tons, but not more than four hundred tons, registered tonnage, three dollars. For every ship of more than four hundred tons, registered tonnage, four dollars. Ships engaged in trading between ports and places in the Dominion, or in the fishing trade, shall be exempt from the payment of any fee. 9. The salary or remuneration of each Harbour Master, appointed under this Act, shall be from time to time fixed by Order of the Governor in Council, but shall not exceed six hundred dollars, and shall be subject to the provisions hereinafter made. 10. The Harbour Master of each port shall pay over as soon as possible after the thirty-first day of December in each year to the Receiver General, to form part of the Consolidated Revenue Fund, towards making good any sums which may be appropriated by Parliament for the payment of expenses in connection with the office of Harbour Master and for the improvement of the harbour of the port for which he is appointed, all moneys received by him for fees under this Act during such year, after deducting therefrom the sum allowed him as aforesaid for his own remuneration; and if the moneys received by him for fees in any year amcunt to a less sum than is so allowed him, then such less sum shall be his remuneration for that year. fees shall be 11. Such fees as aforesaid shall be payable only once in twelve on what occacalendar months, to be reckoned from the day upon which such sion only such payment shall be made, on any ship not exceeding one hundred parable. tons, registered tonnage, and not more than twice in any twelve calendar months (to be similarly computed) on any ship exceeding one hundred tons, registered tonnage,-that is to say, on any ship of one hundred tons or under, registered tonnage, the fee shall be payable on her first time of entering any port during any twelve calendar months, but not on any subsequent time of her entering the said port within the twelve calendar months immediately following; and on any ship of more than one hundred tons, registered tonnage, the fee shall be payable on her first time of entering any port during any twelve calendar months, and on her second time of entering the same port within twelve calendar months from the date of her first entering the same, but not on any subsequent time of her entering the same port during the same twelve calendar months. 12. The Harbour Master of each port shall keep a book in which Book to be he shall enter from day to day the name of every ship not exempt kept by Harfrom the payment of fees under this Act, entering such port, the bour Master. name of her master, her registered tonnage, the date of her entering the port, and the sum, if any, received by him for his fee on her entering, under this Act; and such book shall be at all times during office hours open and free for inspection by any person, on demand, without fee or reward. to go out on under this 13. The powers and duties of the Harbour Master of any port Former Harappointed under any authority other than this Act, shall cease to bour Masters be exercised by him, from the time when a Harbour Master ap- appointment pointed under this Act shall come into office at such port; and of others shall then and thereafter become and be vested in such last-men- Act. tioned Harbour Master and his successors in office, in so far and in so far only as they shall not be inconsistent with this Act, or any rule or regulation made under it; and all claims, suits, or proceedings, for penalties incurred or offences committed against law, rule or regulation respecting such port may be continued to jud ment and execution as if this Act had not been passed; but all fecs and all powers, duties, rules, regulations or provisions of law inconsistent with this Act, or any rule or regulation made under it, by whatsoever authority they may have been given, imposed, or made, shall cease and be of no effect by virtue of such appointment under this Act. Extent of Act. 14. The foregoing provisions of this Act shall apply to the Provinces of Nova Scotia and New Brunswick only, and to such ports and such ports only in either of the said Provinces as shall from time to time be designated for that purpose by Proclamation, under an Order or Orders of the Governor in Council, except only the Ports of Halifax and Pictou, in Nova Scotia, and the Port of St. John, in New Brunswick, to which the said provisions shall not apply, Preamble. Members of the Corpor ation. alembers of tion. CHAP, 10. An Act to add to the number of the Members of the Corporation of the Trinity House of Quebec, and to increase the powers thereof. [Assented to 3rd May, 1873.] HEREAS it is desirable that the number of the members of the Corporation of the Trinity House of Quebec should be increased from nine to fourteen, and that such last mentioned number should be reduced to thirteen on the first occurrence of a vacancy among the Wardens appointed by the Governor, not being Wardens ex officio, and that four of such thirteen or fourteen Members should be elected by the Council of the Quebec Board of Trade: Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. After the commencement of this Act, the Trinity House of Quebec shall consist of a Master and thirteen (to be reduced as and when hereinafter mentioned to twelve) Wardens, that is to say, the Harbour Master of Quebec for the time being, the Superintendent of Pilots for and below the Harbour of Quebec for the time being, and the Chairman of the Board of Directors of the Corporation of Pilots for and below the Harbour of Quebec for the time being, who shall be Wardens, ex officio, and ten (to be reduced as and when hereinafter mentioned to nine), other Wardens appointed or elected as hereinafter mentioned. Appointment 2. Within fourteen days after the commencement of this Act and election of the Council of the Quebec Board of Trade shall elect four persons, the Corpora- to be, with the said Harbour Master and Superintendent of Pilots and Chairman of the Board of Directors of the Corporation of Pilots, and the other six Wardens appointed by the Governor, then in office, the first Wardens of the Trinity House of Quebec, under this Act; and the names of the persons so elected shall be forthwith, after such election, certified to the Minister of Marine and Fisheries, under the seal of the Quebec Board of Trade; and in case the Council of the Board of Trade shall refuse, or shall for such fourteen days neglect to make such election of such four person persons, and to certify the names of such four persons as aforesaid, the Governor may within thirty days after the expiration of such fourteen days, appoint four persons to make up. the full number of the said Wardens; and in case any person elected as aforesaid shall refuse to accept the office, the Governor may appoint in the place of the person so refusing some other person to be a Warden of the Trinity House of Quebec. 3. Every vacancy happening from time to time among the Mode of filling Wardens of the Trinity House of Quebec appointed by the vacancies, Governor, not being Wardens so appointed by reason of the refusal or neglect of the Council of the Quebec Board of Trade, or the refusal to accept office herein before mentioned, except the first vacancy which shall happen after the commencement of this Act, which shall not be filled up at all, and after the occurrence of which the Trinity House of Quebec shall consist only of a Master and twelve Wardens, shall be filled up by the Governor ; and every other vacancy shall be filled up by the Council of the Quebec Board of Trade, and the name of the person elected to fill any such vacancy shall be forthwith, after his election, certified to the Minister of Marine and Fisheries, under the seal of the Quebee Board of Trade. Governor may appoint on office. 4. In case the Council of the Quebec Board of Trade refuses, or for fourteen days after having been required so to do by the neglect or Minister of Marine and Fisheries, neglects to fill up any vacancy refusal to fill happening from time to time among the Wardens elected by the unor accept said Council or appointed by the Governor by reason of their refusal or neglect or the refusal to accept office hereinbefore mentioned, and to certify the name of the person elected to fill such vacancy, the Governor may appoint a person to fill such vacancy and in case any person elected to fill a vacancy as aforesaid shall refuse to accept the office, the Governor may appoint in the place of the person so refusing some other person to fill such vacancy. 5. Every appointment by the Governor under this Act shall be Appointments made by an instrument under the Great Seal of Canada. by Governor to be under Great Seal. 6. The Wardens of the Trinity House of Quebec, other than As to salaries the Harbour Master and the Superintendent of Pilots, shall not be entitled to any remuneration for their services. 7. In case a ship under the charge of a pilot for and below the Judicial Harbour of Quebec meets with an accident in the port of Quebec, powers of T. H. Q. the Trinity House of Quebec may, if they see fit cause for doing so, on the complaint of the master, owner or consignee of such ship, or of any other interested party, against such pilot, investigate the matter; and the complaint in such case shall be Complaints how brought. made in the manner and within the time prescribed by section seventy-six of the Act of the legislature of the late Province of Canada, passed in the twelfth year of Her Majesty's reign, chapter one hundred and fourteen. |