2. The decision of any officer to whom is so assigned the testing of such articles, as to the duties to which they are subject under the tariff, shall be final and conclusive, unless, upon appeal to the Commissioner of Customs, within thirty days from the rendering of such decision, such decision is, with the approval of the Minister, changed; and the decision of the Commissioner with such approval shall be final. 60-61 V., c. 16, s. 9; 3 E. VII., c. 14, s. 15.

ANNUAL REPORT.

305. The Minister shall annually make to the Governor General, to be laid before Parliament within fifteen days after the meeting thereof, a report and statement of the transactions and affairs of the Department during the year then next preceding. R. S., c. 32, s. 254.

No. 95.-1906: Extract from Statute of Canada; Revised Statutes, 1906, Cap. 113.a

An Act respecting shipping in Canada.

PART VI.-PILOTAGE.

Pilotage Districts and Authorities.

430. The Governor in Council may, from time to time, make the payment of pilotage dues compulsory or not compulsory, within the limits of any pilotage district fixed by the Governor in Council under this Part. R. S., c. 80, s. 13.

468. The owner, the master and the recognised consignee or agent of any ship, if such recognized consignee or agent has sufficient

moneys in his hands received on account of such ship, shall 676 be liable to pay any pilotage dues made payable under this

Part by or in respect of such ship. R. S., c. 80, s. 50.

469. Every recognized consignee or agent of a ship not being the owner or master of such ship may, out of any money in his hands received on account of such ship, retain the amount of pilotage dues so paid by him, together with any reasonable expenses he has incurred by reason of such payment and liability. R. S., c. 80, s. 51.

470. All pilotage dues may be recovered as a debt due to the pilot, or corporation of pilots, or pilotage of authority as the case may be, to whom the same are payable: Provided that the mode of payment

• Act now questioned, in part, by the United States: see Appendix, pp. 4-5.

of pilotage of dues in the pilotage districts of Quebec and Montreal shall remain the same as heretofore.

2. All sums made payable to a pilot over and above the pilotage dues, shall be payable by the same persons, and recoverable in the same manner as if they were part of the pilotage dues payable to such pilot. R. S., c. 80, s. 52.

471. No Customs officer shall grant a clearance to any ship liable to pilotage dues at any port in Canada, where there is a duly constituted pilotage authority which collects the pilotage dues and at which pilotage dues are payable, until there has been produced to such Customs officer a certificate from the pilotage authority of the district or some officer or person authorized by such authority to grant the same, that all pilotage dues in respect of such ship have been paid or settled for to the satisfaction of such authority. R. S., c. 80, s. 53.

472. Whenever any difference arises between the master and the licensed pilot of any ship trading to and from any port in Canada, as to her draught of water, the pilotage authority at such port shall, upon application by either party, appoint some proper person who shall measure the ship, and settle the difference accordingly.

2. Such application shall be made, in case of a ship inward bound, either within twelve hours after her arrival, or at some time before. she begins to discharge her cargo; and, in the case of a ship outward bound, before she quits her moorage.

3. There shall be paid to the person measuring such ship, by the party against whom he decides such remuneration for his services as the pilotage authority appoints. R. S., c. 80, s. 54.

Employment of Pilots not compulsory.

473. No owner or master of any ship shall, in any case, be compelled to employ or to give his ship into the charge of a pilot, either on the ground of his being compelled to pay pilotage dues to any person or otherwise. R. S., c. 80, s. 57.

Liability of the Owner of a Ship in charge of a Pilot.

474. Nothing in this Part shall exempt any owner or master of any ship from liability for any loss or damage occasioned by his ship to any person or property, on the ground either of such ship being in the charge of a licensed pilot, or of such loss or damage being occasioned by the act or default of a licensed pilot, or on any other ground. R. S., c. 80, s. 57.

Compulsory Payment of Pilotage Dues and exemptions.

475. Every ship which navigates within either of the pilotage districts of Quebec, Montreal, Halifax, or St. John, or within any pilotage district within the limits of which the payment of pilotage dues is, for the time being, made compulsory by order in council under this Part shall pay pilotage dues, unless,

(a) such ship is on her inward voyage and no licensed pilot offers his services as a pilot; or,

(b) she is exempted under the provisions of this Part, from payment of such dues. R. S., c. 80, s. 58.

476. If such ship is on her outward voyage and the owner or master of such ship does not employ a pilot or give his ship into the charge of a pilot, such dues shall be paid, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if in any other pilotage district to the pilotage authority of such district. R. S., c. 80, s. 58.

477. The following ships shall be exempted ships:

677

(a) Ships belonging to His Majesty;

b) Ships wholly employed in His Majesty's service, while so employed, the masters of which have been appointed by His Majesty's Government, either in the United Kingdom or in Canada;

(c) ships propelled wholly or in part by steam

(i.) employed in trading from port to port in the same province, or

(ii.) employed in trading between any one or more of the provinces of Quebec, New Brunswick, Nova Scotia or Prince Edward Island and any other or others of them, or

(iii.) employed in voyages between any port or ports in the
said provinces or any of them and the port of New
York or any port of the United States of America
on the Atlantic, North of New York, or

(iv.) employed in voyages between any port in any of the
said provinces and any port in Newfoundland, or
(v.) having a draught when loaded not exceeding sixteen
feet, and employed exclusively in voyages between
any port or ports on Lake Ontario, Lake Erie, Lake
Huron, Lake Superior, Lake Michigan or on any of
the waters connecting those lakes and any port or
ports on the river St. Lawrence, or between any ports
on the river St. Lawrence;

(d) Ships registered in Canada, of not more than one hundred and twenty tons registered tonnage;

(e) Any ship of which the master or any mate has a certificate granted under the provisions of this Part and then in force, authorizing him to pilot such ship within the limits within which she is then navigating;

(f) Ships of such description and size not exceeding two hundred and fifty tons, registered tonnage, as the pilotage authority of the district, with the approval of the Governor in Council, from time to time determines to be exempt from the compulsory payment of pilotage dues in such district.

2. In the river St. Lawrence, all ships registered in Canada of not more than two hundred and fifty tons registered tonnage, shall be exempt from the payment of pilotage dues. R. S., c. 80, s. 59; 55-56 V., c. 20, s. 1; 2 E. VII., c. 27, s. 1.

478. The pilotage authorities of the pilotage districts of Halifax, Sydney, Miramichi and Pictou may, as to each of such ports respectively, notwithstanding anything contained in the last preceding section, from time to time determine with the approval of the Governor General, whether any, and which, if any, of the steamships em

ployed, as in the said sections specified, shall or shall not be wholly or partially, and, if partially, to what extent and under what circumstances, exempted from the compulsory payment of pilotage dues. 2 E. VII., c. 27, s. 1.

479. When a ship arrives at the limits of any district in which the payment of pilotage dues is, for the time being, compulsory and within any part of which she is an exempted ship by reason of having a master or mate possessing a pilotage certificate under this Part, or is at a distance of five miles at least from the mouth of the harbour in any such district mentioned in the pilotage certificate of her master or mate, whichever first happens, such master or mate shall hoist a white flag not less than four feet by six feet at the main top masthead, with the number of his certificate, in black figures six inches long, in the center as a signal that the ship has a certificated master or mate on board. R. S., c. 80, s. 60.

480. If the master of an exempted ship not belonging to His Majesty, or not wholly employed in His Majesty's service, arriving within the limits of a pilotage district in which the payment of pilotage dues is, for the time being, compulsory,

(a) displays and continues to display the signal for a pilot in this part provided, whilst within the limits prescribed for that

purpose, and does not accept the services of any licensed pilot offering them in consequence of such signal; or, (b) without displaying or continuing to display the signal for a pilot in this Part provided, whilst within the limits prescribed for that purpose, employs any person not belonging to his crew and not being a licensed pilot, to pilot or guide such ship, whether or not a licensed pilot has offered his services,

such ship shall be liable to pay, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if elsewhere, to the pilotage authority of the district as pilotage dues, the same sum as would have been payable to such licensed pilot if his services had been accepted. R. S., c. 80, s. 61.

481. Every ship liable for pilotage dues and requiring the services of a pilot, arriving at the limits of any district in which the payment of pilotage dues is for the time being compulsory, shall,

(a) until a licensed pilot has come on board; or,

(b) until the ship has passed a point, line or place, from time to time fixed in that behalf by the pilotage authority of the district,

display such signal for a pilot, as is in this part provided.

2. The master thereof, upon sighting a pilot boat carrying a pilot or pilot lights, shall also,

(a) by lying to, if the weather permits, or by shortening sail or heaving to; or,

(b) if the ship is a steamer, by stopping his engines or by any other practicable means, facilitate the coming on board of the pilot or one of the pilots of such boat. R. S., c. 80, s. 62. 482. Every such ship as to which the requirements of the last preceding section are not compiled with shall be liable to pay, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if elsewhere, to the pilotage authority of the district, a sum not exceeding the amount of pilotage dues which would be payable for piloting such ship.

2. Every such ship, the master of which,—

(a) does not accept the services of the first licensed pilot who, by signal or otherwise, offers his services; or,

(b) does not accept the services of such one of two or more pilots offering their services at the same time, as is entitled by the law or regulations for the time being in force in such district to have his services accepted; or,

(c) having signalled for a pilot, does not accept the services of any licensed pilot offering the same in consequence of such signal, shall, be liable to pay, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if elsewhere, to the pilotage authority of the district. as pilotage dues, the same sum as would have been payable to such pilot, if his services had been accepted. R. S., c. 80,

678

s. 62.

483. All sums received by any pilotage authority in pursuance of the three last preceding sections shall be applied (a) in paying all expenses incurred in obtaining payment of the

by it,

same;

(b) in paying to the pilot who offered his services to the ship, and, if two pilots offered, to that one who was entitled to have his services accepted, such amount, if any, as it, by any by-laws made under this Part from time to time, makes payable to such pilot.

2. The residue shall be carried to and form part of the pilot fund of the district. R. S., c. 80, s. 62.

484. No ship shall be exempted on any ground whatever from the liability to pay pilotage dues earned by any licensed pilot voluntarily taken on board of such ship by the master for the purpose of piloting her, whether the payment of pilotage dues is or is not, for the time being, otherwise compulsory in the district in which such pilotage dues are earned. R. S., c. 80, s. 65.

485. Every master of an exempted ship, when navigating such ship without a pilot in any pilotage district, or part of a pilotage district, within the limits of which she is for the time being an exempted ship, shall, as regards the conduct and management of such ship within such limits, have all the powers and duties which are by law or usage posessed by or imposed upon any licensed pilot for such district. R. S., c. 80, s. 66.

Signals to indicate that a Pilot is required.

486. If any ship requires the services of a pilot, or, not having a pilot, has entered or is in any district or part of a district where such ship is subject to a compulsory payment of pilotage dues, the master of such ship shall display the following signals,

(a) in the day time, the Jack or other national colour usually worn by merchant ships, having round it a white border one-fifth of the breadth of the flag, hoisted at the fore;

(b) at night, a blue light every fifteen minutes; or a bright white light, flashed or shown at short or frequent intervals, just above the bulwarks, for about a minute at a time. R. S., c. 80, s. 63.