officers to

the direction of the Minister, the charge of the works by this collect tolls, Act placed under the management and control of the Minister, and who shall collect the tolls and dues to be paid in respect thereof.

etc.

Remunera

tion.

Governor in

make regu

lations.

2. The Governor in Council may determine the remuneration to be allowed them respectively for such services, and such remuneration shall be retained from the tolls and dues collected. 61 V., c. 42, s. 1.

7. The Governor in Council may, on the recommendation of Council may the Minister, make rules and regulations for the use and management of such harbours, wharfs, piers and breakwaters, and a tariff or tariffs of the tolls and dues to be paid for the use of the same, and levied on persons or vessels using them, and on goods, wares or merchandise landed or shipped on off them; and may, by such rules and regulations, impose penalties not exceeding two hundred dollars, and punishment by imprisonment not exceeding sixty days, for any violation thereof. R.S., c. 84, s. 3.

Collection

of tolls, how enforced.

No clearance

granted to vessels unless tolls paid.

Publication of regulations.

How unpaid
tolls may
be levied.

Oath of applicant.

Sale of goods liable.

or from

8. Such tolls, dues and penalties shall be a lien on the goods and on the vessels with their tackle in respect of which they are payable or incurred; and the officer or person appointed to collect the same may detain such vessel or goods until they are paid. R.S., c. 84, s. 3.

9. No vessel leaving any port at which any such tolls or dues are payable shall receive a clearance at the Custom-house thereat, unless the master produces to the collector or proper officer of the Customs a certificate that the tolls or dues on such vessel have been paid, or that none are payable thereon. R.S., c. 84, s. 3.

10. No such regulations shall be in force until they are published in the Canada Gazette. R.S., c. 84, s. 3.

COLLECTION OF TOLLS.

11. If any tolls or dues imposed and payable on any goods. under this Act by any regulation made thereunder, remain unpaid during four weeks after they are due, the officer or person to whom they are payable may apply to any justice of the peace for an order to levy the same.

2. Such application shall be accompanied by the oath or solemn affirmation of the applicant, made before such justice, that such tolls or dues, stating the amount thereof, are due on such goods, describing them sufficiently to identify them, and have remained unpaid during twenty-eight days or more, as the case may be.

3. Upon receiving such application accompanied by the prescribed oath or affirmation, the justice shall issue his war

1878

rant

rant to some constable commanding him to sell such goods or so much thereof as is sufficient to pay the sum due, with reasonable costs, not exceeding five dollars, which such constable shall accordingly do, and shall pay over the amount made, less the costs, to the officer or person authorized to collect such tolls or dues. R.S., c. 84, s. 4.

12. All tolls and dues payable under this Act or under any Tolls shall rule or regulation made thereunder shall constitute a debt be a debt due and payable to His Majesty jointly and severally,

(a) by the owner of the goods, wares or merchandise in respect of which such dues or tolls are payable, and the consignee or person to whom such goods, wares or merchandise are delivered or who is in charge of them; or,

(b) in the case of a vessel, by the owner, master and agent of such vessel.

to His

Majesty.

2. In the case of a person using a harbour, wharf, pier or By whom. breakwater, such tolls and dues shall be payable by such

person.

erable.

3. Such debt may, at any time, be recovered with full costs How recov of suit in any court of competent jurisdiction. 54-55 V., c. 52, s. 1.

of tolls.

13. After deducting the remuneration to officers and Application persons hereinbefore mentioned, the remainder, if any, of all tolls and dues received under this Act shall be paid over by the person receiving them to the Minister of Finance at such times and in such manner as the Governor in Council directs; and Accounts to an account thereof shall be rendered to the Minister at such times and in such manner as the Minister directs. 61 V., c. 42, s. 2.

be rendered.

14. An account of all such moneys and of all expenditure Account for incurred in the collection thereof, or otherwise under this Act, Parliament. Ishall be laid before Parliament at the session next after the close of the fiscal year in which such moneys have been received and such expenditure has been incurred. 61 V., c. 42, s. 2.

RECOVERY AND DISPOSAL OF PENALTIES.

15. All pecuniary penalties imposed under this Act, may be Recovery recovered with costs by summary conviction, under Part XV. and applicaof the Criminal Code, and shall belong to His Majesty for the penalties. public uses of Canada. R.S., c. 84, s. 6.

GENERAL.

tion of

16. If, at any time, the average annual receipts from any Lease of wharf, for the three years previous have not exceeded one wharfs to municipali. hundred dollars, the Minister may lease such wharf to the ties.

1879

municipality

Certain powers saved.

municipality within which it is situated for a term not exceeding three years, for an annual sum, payable in advance, of not less than such average annual receipts, and on such other terms or conditions as to him seem advisable. 61 V., c. 43, s. 1.

17. Nothing in this Act shall be construed to impair, affect, or avoid,

(a) any of the powers or duties of the Minister of Public Works under the Public Works Act, in respect of the construction, improvement, repair or maintenance of the works hereinbefore mentioned; or,

(b) the power of the Governor in Council to make regulations for the proper use of the said works, concerning their safety and protection from injury, and the prevention of, or liability for damages done to them; or,

(c) the effect of any order in council made under the said Act imposing or providing for the collection of tolls or dues for the use of such works, until such order is revoked, or other provisions made for the same purpose under this Act. R.S., c. 84, s. 7.

OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the King's most Excellent Majesty.

1880

CHAPTER 113.

An Act respecting Shipping in Canada.

SHORT TITLE.

1. This Act may be cited as the Canada Shipping Act.

INTERPRETATION- GENERAL.

2. In this Act, unless the context otherwise requires,

Short title.

Definitions.

(a) Minister' means the Minister of Marine and Fisheries; 'Minister.' (b) 'master' includes every person except a pilot having Master.' command or charge of any ship;

officer.'

(c) consular officer' includes consul general, consul and Consular vice-consul, and any person for the time being discharging the duties of consul general, consul or vice-consul; (d) ship' includes every description of vessel used in navi- 'Ship.' gation not propelled by oars;

(e)

ships belonging to His Majesty' includes ships the cost of which has been defrayed out of the Consolidated Revenue Fund of Canada, and ships described as the property of Canada by the one hundred and eighth section of The British North America Act, 1867;

Ships beHis Majesty.

longing to

(f) 'form' means a form in the schedule to this Act. R.S., 'Form.' c. 72, s. 1; c. 73, s. 1; c. 74, s. 2; c. 75, s. 2; c. 77, s. 1; c. 79, s. 1; c. 80, s. 2; c. 81, s. 2; c. 86, s. 2; 54-55 V.,

c. 40, s. 2; 61 V., c. 46, s. 2; 1 E. VII., c. 35, s. 2.

PART I.

REGISTRATION AND CLASSIFICATION OF SHIPS.

Interpretation.

3. In this Part, unless the context otherwise requires,—

(a) registrar' means the registrar of shipping;

Definitions.

'Registrar.'

(b) mortgage' means the instrument creating security for 'Mortgage."

a loan or other valuable consideration on a ship about to

be built or being built. R.S., c. 72, ss. 8 and 32.

Application of Part.

Ships exempt

from registration.

Registration necessary for ship to be recognized as British ship.

Disability of

ship.

Application.

4. Nothing in this Part shall apply to ships belonging to His Majesty. R.S., c. 72, s. 2.

Measurement and Registration of Ships.

5. The following ships are exempt from the provisions in this Part contained relating to measurement and registration of ships :

(a) Ships having a whole or fixed deck, not propelled wholly or in part by steam, and not exceeding ten tons burthen; and,

(b) Ships not propelled wholly or in part by steam, and not having a whole or fixed deck, whatever their burthen. R.S., c. 72, s. 4.

6. No ship propelled either wholly or in part by steam, whatever her tonnage, and no ship not propelled wholly or in part by steam, of more than ten tons burthen and having a whole or fixed deck, although otherwise entitled by law to be deemed a British ship, shall, unless she is duly registered in the United Kingdom, or in Canada, or some other British possession under the Merchant Shipping Act, 1894, and amending Acts, or under the provisions of this Part, be recognized as a British ship, or be admitted to the privileges of a British ship in Canada. R.S., c. 72, s. 5.

7. No ship which was duly registered under the Act respectunregistered ing the Registration of Inland Vessels and chaptered fortyone of the Consolidated Statutes of the late province of Canada, need be registered in pursuance of the provisions of this Part, except for the purpose of enabling her to proceed to sea as a British ship; but no ship which was required to be regis tered by the said Act of the late province of Canada shall, unless duly registered under the provisions of the said Act, be recognized in Canada as a British ship. R.S., c. 72, s. 5.

No clearance

ficate is

produced.

8. No officer of Customs shall grant to any ship required unless certi- under the provisions of the Acts in the two last preceding sections mentioned, or under this Part, to be registered, a clearance for the purpose of enabling her to proceed on a voyage, unless the master of such ship, upon being required so to do, produces to him the proper certificate of registry. R.S., c. 72, s. 6.

Ship without clearance

may be stopped.

9. If any such ship attempts to proceed on a voyage as a British ship without a clearance, any officer of Customs may detain such ship until such certificate is produced to him. R.S., c. 72, s. 6.

1882

10.