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Masters or mates may be required to deliver up

certificates to be held until

any certificate, and every such decision, as well as every judgment of any such court or tribunal upon any case investigated, shall be subject to be confirmed or set aside by the Minister of Marine and Fisheries, whose decision and judgment thereon shall be final.

10. Any such court or tribunal may, if they think proper, require any master or mate possessing a certificate of competency or service, whose conduct is called in question, or appears to them to be likely to be called in question in the course of any investigaclose of inves- tion before them, to deliver such certificate to them, and they shall tigation. hold the certificate so delivered until the conclusion of the investigation, and shall then forward the same to the Minister of Marine and Fisheries; and if any master or mate fails so to deliver his certificate when so required, he shall incur a penalty not exceeding two hundred dollars.

Expenses how 11. The Governor in Council may from time to time by warrant, to be defrayed. order and direct that any expenses incurred, or to be incurred under the provisions of this Act be defrayed out of any moneys appropriated by Parliament for that purpose, or for the purpose of defraying unforeseen expenses.

Repeal of Acts.

28 V., c. 14 and 28 and

12. The following Act and parts of an Act are hereby repealed, namely the Act passed by the legislature of the late Province of Canada 27 and Canada, in the session thereof held in the twenty-seventh and twenty-eighth years of Her Majesty's reign, Chapter fourteen respecting investigations into Shipwrecks and the first, second, third and sixth sections of the Act of the same Legislature passed in the session thereof held in the twenty-ninth and thirtieth years of Her Majesty's reign, Chapter fifty-eight to extend the powers R. S. of N. S., of the Trinity House of Quebec; and Chapter seventy-six of the Revised Statutes of Nova Scotia (third series) Of marine courts of inquiry is also repealed.

29,30 V., C.

58, s.s. 1, 2,

and 6.

cap. 76.

Saving of jurisdiction

of Courts of Vice-Admiralty.

3

Interpretation.

Preamblo.

13. Nothing in this Act contained shall be taken to affect in any way the jurisdiction of any Vice Admiralty Court in Canada, howsoever the same may be acquired.

14. In the construction and for the purposes of this Act, the word "ship" shall include every description of vessel used in navigation, not propelled by oars.

CAP. XXXIX.

An Act to amend the Act respecting the inspection of steamboats, and for the greater safety of passengers by them.

[Assented to 22nd June, 1869.] N amendment of the Act respecting the inspection of steamboats, and for the greater safety of passengers by them,

passed

of

passed by the Parliament of Canada in the thirty-first year Her Majesty's reign, Chapter sixty-five: Her Majesty by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

repealed.

c. 65,

1. So much of the sixth section of the said Act as provides that Part of sec. 6, certificates granted by inspectors shall be according to the form of in the Schedule of the said Act is hereby repealed; and such certificates shall be according to the form in the Schedule of this Act.

life-boats.

2. For and notwithstanding anything to the contrary contained Sec. 16 in the sixteenth section of the said Act, the life boat on board of amended as to or attached to any steamboat on any of the voyages of such steamboat, may have air tight metallic compartments at the sides only, or at the ends only, or shall have them at both ends and sides, according to the directions of the Inspector by whom such steamboat was last inspected; and the nature of such directions shall be specified in the certificate by describing the life boat in accordance with their tenor.

Act, as to

3. For and notwithstanding anything to the contrary contained Exception to in the sixteenth section of the said Act, no steamboat employed sec. 16, of said chiefly in the carriage of freight, when carrying not more than boats. twenty-five passengers shall be required to have on board or attached to such steamboat more than two boats in addition to a life boat.

amended as to

4. For and notwithstanding anything to the contrary contained Sec. 17 in the seventeenth section of the said Act, no steamboat employed life preservers. chiefly in the carriage of freight, when carrying not more than sixty passengers, shall be required to be provided with or carry on board on any voyage, more than one life-preserver for each passenger, and one life-preserver for each of the crew, then on board of such steamboat.

boats to be provided with

5. Every steamboat to which the sixteenth section of the said Certain steamAct applies, shall be provided with sufficient means for lowering from on board safely and expeditiously each boat required by means of the said section, as amended by this Act, to be on board of or lowering boats. attached to such steamboat, on each occasion on which such boats are so required to be on board of or attached to the same.

6. The printed paper mentioned in section twenty-four of the said Act shall be provided and filled up by the owner or master of the steamboat.

By whom printed paper

to be filled up, under Sec. 24.

boats, &c., for

7. Every steamboat not employed in the carriage of passengers, Steamboats to and every steamboat to which the sixteenth, seventeenth, eigh- have sufficient teenth and nineteenth sections of the said Act do not apply, shall the safety of at all times when the crew thereof is on board, be provided with the crew.

and

and have on board or attached to such steamboat in some convenient place a good suitable and sufficient boat, or good, suitable and sufficient boats, in good condition and properly equipped, and provided with oars in sufficient number and other necessary tackle, and of sufficient capacity to carry all the crew of such steamboat, and with sufficient means for lowering such boat or boats from on And life pro- board safely and expeditiously and also a life preserver for each one of the crew, and also a number, in due proportion to that of the crew, of good and sufficient fire buckets, of metal, leather, or other suitable material, axes and lanterns, to the satisfaction of the Inspector.

servers and

fire buckets.

Section 26 amended.

Certificates of certain engi

limited by

S. The twenty-sixth section of the said Act is hereby amended by repealing the words relating to the qualification of a second class engineer and substituting therefor the following words :

"A second class engineer to be qualified to take charge of any "steamboat, except a seagoing steamboat of more than five hun"dred tons burthen, adapted to carry more than sixty passengers."

9. The Board of steamboat inspection, or the chairman and any one member thereof, may by written and signed endorsement on neers may be the certificate or temporary certificate of any engineer except a endorsement. first class engineer, limit the holder of such certificate to the charge of any class or classes of steamboat specified in such endorsement, for taking charge of which alone he may be deemed qualified by knowledge and experience; and a certificate so endorsed shall not protect the holder thereof from the consequences of serving nor any person from the consequences of employing the holder thereof, as engineer on any steamboat of any class not mentioned in such endorsement, unless a special permission to take charge of a particular steamboat of another class is further endorsed on such certificate and signed by the chairman and by a member of the Board of Steamboat Inspection.

Inspector may

duction of

registry.

10. Every Inspector of steamboats, duly appointed under the demand pro- said Act, is hereby empowered to demand of the owner or master of any steamboat being inspected by him, the production of the certificate of registry of such steamboat; and it shall thereupon be the duty of such owner or master to produce and exhibit the same to such inspector.

Penalty for

of Acts.

11. For every contravention in respect of any steamboat in the contravention Dominion of Canada, on any one voyage or trip thereof, or in port, of any provision in this Act, or in the said Act as amended by this Act, the owner or master thereof shall incur a penalty of Inspector may not more than two hundred nor less than forty dollars; And detain steamer. Inspectors of steamboats, duly appointed under the said Act amended by this Act, are hereby empowered to detain any steamboat on board of which the provisions of this Act have not been fully comCollector not plied with; and in case any such Inspector gives notice in writing to grant clear- to any Collector of the Customs that any of the provisions of this

ance.

A ct

Act have not been fully complied with in respect to any steamboat, such Collector shall not grant any clearance for such steamboat, unless nor until he receives the certificate in writing of such Inspector, to the effect that such provisions have been fully complied with in respect to such steamboat.

12. The Schedule of the said Act is hereby repealed, and the Schedule following Schedule is hereby substituted.

repealed, and new schedule substituted.

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The particulars of her gross and register tonnage as shewn on her certificate of registry, being as follows:

Tonnage under tonnage deck...

Houses on deck (naming them).
Total gross tonnage....
Deduct for engine room

Register tonnage..

to

Tons.

I, (Inspector's name) do certify that she is in all respects staunch, seaworthy, and in good condition for navigation; that her engine, machinery, pumps and boilers are sufficient and suitable to be employed in the carriage of passengers, (or, as a tug-boat, or, as a freight-boat and in the carriage of not more than twenty-five (or sixty, as the case may be) passengers, or, as a ferry-boat, (as the case may be) without hazard to life, on the route for which placed, and that the boilers of such steamer can carry with safety from pounds (here insert number of pounds) per square inch, and no more: and I further certify that the equipment of the vessel throughout, including (here enumerate all or any of the following articles required to be included in the eqnipment of the steamer named in the certificate, viz :) boats, life boats, life preservers, fire buckets, axes, lanterns and other things is in conformity with the provisions of the law: and I declare it to be my deliberate conviction, founded on the inspection I have made, that the said steamboat may be so employed in the waters hereinafter specified, without peril to life from any imperfections, or from materials, workmanship, or arrangements of the several parts, or from age or use, and that such steamboat is adapted to carry passengers. (If the steamboat is certified as one to be employed as a tug-boat, or only as a freight-boat, the last nine words may be omitted.) And I further certify that the said vessel is to run in the waters between (here insert the places between which the vessel is to be employed in running.)

CAP.

CAP. XL.

Preamble.

Governor in

impose ton

nage duties on vessels entering the ports men

the purposes therein also mentioned.

An Act to provide means for improving the Harbors and
Channels at certain Ports in the Provinces of the
Dominion.

W

[Assented to 22nd June, 1869.]

HEREAS it is expedient to provide means for improving the Harbors and Channels and rendering the navigation more easy and safe, at the several Ports of Bathurst, Shippegan and Richebucto in the Province of New Brunswick, Mabou, Port Hood, Margaree, Chetécamp and Liverpool, in the Province of Nova Scotia, Amherst Harbor and House Harbor, in the Magdalen Islands, and the several Ports and Harbors between Cross Point and Cape Chat, both Ports inclusive, in the Bay of Chaleurs and the coast of Gaspé, all in the Province of Quebec, and the port of Chatham in the Province of Ontario; Therefore Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The Governor in Council, being satisfied that it is expedient Council may to raise funds for the purposes mentioned in the preamble as regards any one or more of the Ports therein mentioned or referred to, may from time to time by a Proclamation issued under an order in Council and inserted in the "Canada Gazette," impose on tioned in the each vessel entering any such Port named for the purpose in such preamble for Proclamation, such tonnage duty not exceeding ten cents per ton of the registered measurement of such vessel, as he may deem expedient; and may from time to time in like manner increase or decrease, repeal or re-impose such duty, within the limits aforesaid, with respect to any such Port or Ports; and any copy of the "Canada Gazette" purporting to be printed by the Queen's Printer, shall be prima facie evidence of such Proclamation, and of its being duly issued and published under an order in Council made in pursuance of this Act.

How collected.

Proviso:

as to payment

of such duty,

not oftener

than twice in

each fiscal year.

2. Any duty so imposed as aforesaid, shall be collected by the Collector of Customs at the Port at which it is payable, at the time of the entry of the vessel, which shall contain on the face of it the registered tonnage thereof; and no vessel shall be entered, or if entered shall be allowed to clear or to leave such Port without payment of such duty, and may be detained by the Collector until it is paid; but such duty shall only be payable once in each fiscal year, (commencing on the first day of July in each calendar year) on any yessel not exceeding one hundred tons register, and not more than twice in each fiscal year on any vessel exceeding one hundred tons, registered measurement, that is to say: on any vessel not exceeding one hundred tons register, the duty shall be payable on her first entry at such Port in any fiscal year, but not on any subsequent entry during the same; and on any vessel exceeding one hundred tons register, the duty shall be payable on

her

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