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23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 87.-4503

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■^

ADDITIONS AND AMENDMENTS

TO THE

BY-LAWS

OF THB

IMBOm COMfflSSIOIEKS

MONTREAI

' (^n:illL UMjvfmiTY UBRARt

PASSED, nth JULY, 186t
SANCTIONED, 12th SEPTIHBER, 1861.

pontvfal :

PRINTED B;*' JAMES STARKE &, CO.

1861,

> Ml

titjt. HaiW*.^ Grwwv^i^'sA.trvvtrVi .

ADDITIONS AND AMENDMENTS

TO TKB

BY-LAWS

OK THE

IMMR eOMMISSIOIERS

MOnSTTREAL.

PASSED, nth JULY, 1861.
SANCTIONED, 12t]i SEPTEMBER, 1861.

ia0tttml:

PRINTED BY JAMES STARKE 8c CO.

1861.

ADDITIONS AND AMENDMENTS

TO THB

lT«!i&WS

OF THB

HARBOUR COMMISSIONERS OF MONTREAL

Article 63.— There shall be a Watch consisting of one ^*'ch to^^be^ iwp^on
or more grown persons, kept and maintained from sunset to ^our.
sunrise on board of every vessel lying in the said Harbour ;
and such watch shall instantly give the alarm in the event
of any danger, accident, disturbance, or fire on board of
such vessels, or on board of any other vessel in the said
Harbour, as soon as perceived ; and shall at all hours and
times during the said period, respond to the call, hail or en-
quiry of any officer of the Harbour Commissioners, or of
any of the officers or men of the water police. — And in the
absence of other sufficient evidence of the violation of this
By-law if no answer be made by the watch on any vessei to
such call, hail or enquiry after three audible repetitions of the
same, such vessel and the master cr person in charge there-
of shall be conclusively held to have violated this by-law.

Article 64.— Every vessel lying in the said Harbour PrecauuoM agaiut
shall be supplied during the whole period between sunset
and sunrise with not less than s'x buckets filled with water,
which shall be placed and shall stand during the whole of
the said period at some convenient place upon the deck of
Buch veisel, ready for instant use in case of fire.

Regulations for vessels
carrylug bay or straw.

Encroach mont upon
any property within
the Harbour jurisUiu-
tlon problbitod.

Artlde 65. — There shall be no fire or light of any kind
used between sunset and sunrise on board of any vessel
loaded with hay cr straw while within the said Harbour,
and no steamer shall carry as freight, any hay or straw
whatsoever, unless the same be pressed into bundles, which
shall weigh not less than seven and a half pounds weight
per cubic foot ; and such bundles shall be kept completely
and constantly covered with tarpaulin or oil cloth.

Article 66. — No person or persons, without the consent
of the said Commissioners, shall encroach, enter upon, take
possession of, or use any pari; or portion of the Harbour of
Montreal, or of any part or portion of the immoveable pro-
perty, lands or beach, the control and management whereof
are vested in the Harbour Commissioners of Montreal, in
and by the several Statutes of *his Province incorporating
the said Commissioners and relating to the Harbour of
Montreal ; namely, the tract of land, beach, and premises
described and known as follows, to wit, " commencing at
the mouth of the Little River St. Pierre ; thence, down-
wards, 'Mowing the course of the Bank of the River St.
Lawrence, and including the beach of the said River a? far
back as high water-mark, and the ground above high water-
niark reserved for a public road or path, down to the lower
extremity of the lower basin of the Lachine Canal; thence
downwards, following the North-west side of the water
course running parallel with and adjoining the revetment
wall in the street or highway running along the whole line
of the wharves^ nov known as Commissioners Street, to a
point where the said wall joins the Government Works at
the Commissariat Store and the Government wharf ; thence
downwards, following the course of the bank of the River
St. Lawrence, and including the beach of the said River
as far back as high water-mark, and any ground above high
water-mark reserved for a public road or path, as far as
Ruisseau Migeon." And if at any time, any person or per-

sons bo found encroaching upon or in possession of uny part
or portion of the said Harbour, land, boach, or premises,
the said Commissioners shall have the right to give a notice
in writing to such person or persons, under the hand of
ihe Secretary of the said Commission, notifying and recjuir-
ing him or them to desist from such encroachment, and to
leave such portion of said Harbour, land, beach, or prem-
ises, within such period, not less than forty-eight hours
thereafter, as shall be fixed in such notice. And any per-
son or persons who shall so encroach, enter upon, take pos-
sessson of, or use any part or portion of such Harbour,
land, beach, or premises, without the consent of the said
Commissioners, shall, and each of such person or persons
shall incur a penalty of Forty Dollars currency for every
such violation of this By-law ; and a further like penalty
of forty dollars currency for every period of twenty-four
hours during which such encroachment, entrance upon, pos-
sesssion, or use, shall continue or be persisted in. And any
person or persons so found encroaching upon, or in posses-
sion of any part or portion of such Harbour, land, beach,
or premises, who shall persist in so encroaching upon, or in
retaining possession of the same, after the expiration of the
delay within which such person or persons is or are requir-
ed by such notice to desist from such encroacnment, and
to relinquish and abandon such possession of such part or
po.tion of such Harbour, land, beach or premises, shall,
and each of them shall incur a penalty of Forty dollars cur-
rency for every period of twenty-four hours during which
such encroachment or possession shall continue after the
expiration of such delay.

Article 67. -No person shall erect or place ^r^y shei,l\^°l^^^l^^^^;'2^,
shanty, boat-house, or moveable or other building' of any authority,
kind or nature whaiboer-^r, in or upon any place within the
boundaries of the said Harbour, without the express per-
mission in writing of the Harbour Blaster being first ob-

tained ; and if any such building be 6C> erected or placed
within such boundaries without such pcnnisclon, it shall be
lawful for the Harbour Master to remove such building at
the expense of the person or persons who erected the sume,
who shall be liable for such expense in addition to the pen-
alty imposed upon him or them for the infringement of chis
By-law; and to act in respect ofthe materials so removed, in
the manner and subject to all the conditions and provisions*
established by Article numl)er thirty-three of the By-law»
of the said Commissioners.

RiilM to be observed
by pprsons in oliargo
of bordPS cr vehicles.

Article 68. — No driver or person in charge of any horse
or horses, or of any vehicle drawn by any horse or horses
shall allow oUch horse, horses, tr vehicle to stand in the
watercourse or gutter running along the side of Commis-
sioners Street or of Common Street, parallel with and ad-
joining the revetment wall, nor upon any wharf, ramp or
pier in the said Harbour ; except for the accommodation of
persons going on board of or landing from vessels in the
said Harbour, and then only undor the restrictions con-
tained in Articles 50, 51, and 52 of the By-laws of the said
Harbour ; nor shall any such driver or person in charge,
leed his horse or horses, or cause or suffer his horse or hor-
ses to be fed within the liiaits of the said Harbour.

power to dispense with
certain wharf dues at
diRcretiou of the Com-
inUatoDerB.

Article 69. — The landing rates, and «tbipping or out-
ward rates on goods landed, shipped or deposited in the said
Harbour, or transhipped therein, sha'l be the same, namely :
shall be the several and respective rates and dues mention-
ed in the several Schedules appended to the Act passed in
the 18th year of Her Majesty's Rtign, and chaptered 143,
entitulod " An Act to provide for the management and im-
provement of the Harbour of Montreal, and the deepening
of the Ship Channel between the said Harbour and the
Port of Quebec, and to repeal the Act now in force for the
raid purposes." But upon proof being made to the eatis

Vt:-

faction of the aaid Commissione , that the outward or in-
ward bound cargo of any vessel cannot be taken to or from
such vessel without being conveyed in a barge or lighter, it
shall be lawful for the said Commissioners in their disove-
uion to dispense with the payment either of the landing or
of the shipping rate upon such goods, as the case may be ;
in such manner that such goods or cargo shall cnly be li-
able for the payment of one rate.

Article 70.— The Wharfinger shall have power, on be- i/,t« may b« leased for
half of the said Harbour Commissioners, and under their S'rK"'''^"'"'"''
directions, to allot, let, or lease any space or portion of any
of the wharves, piers, or vacant ground, in the said Har-
bour for the piling thereon of Firewood or othei- Lumber,
or of other articles or eflFects, subject to suoh rate > *" chargas
and for such time or times, a? may from time to time be
fixed by the Harbour Commissioners ; and such allotment
or letting phall be evidenced only by a written permit, Jgned
by the Wharfinger ; and if such Wood or other articles be
allowed to remain on such lot or lots after the expiration
of the time denoted in such psrruit, without a renewal of
the same at the Wharfinger's office, such wood or other ar-
ticles shall be liable to be removed by the Harbour Master,
in the manner provided by Article No. 33 of these By-
laws, and without any notice being given, either verbally
or in writing, by the Harbour Master, to the party owning
or representing the same.

Article 71.— No person shall pile any Firewood or cause !?estrictions aa to tb«
or suffer any Firewood to be piled within the limits of the '""°* "^ *'®'''^-
said Harbour, to a height exceeding four feet of French
measure, without permission in writing from the Wharfinger ;
nor to any height exceeding the height mentioned in such
permission ; either upon any tpace or portion of ground
allotted or leased upder the last preceding Article (No. 70)
of these By-laws, or elsewhere ; and if any Firewood shall

be piled to a grecater lieiglit tban the paid height, the person
or persons piUng the same or causing the same to be so
piled, shall be severally liable to a penalty of Twenty Dol-
lars currency, for which penalty the whole of the Firewood
in the pile so raised beyond the aforesaid limits, shall be
liable, as well as any other assets or property of the con-
victed person ; and the Harbour Master shall have the
right, without any notice whatsoever to the owner therof
or to any other person whomsoever, to remove the excess
in height of such Firewood at the expense of the owner
thereof; and to act in respect thereof in the manner, and
subject to all the conditions and provisions established by
Article number thirty-three of the By-laws of the said
Commissioners.

All permits to be ex-
h!bUcd on demand of
any Harbour Offlcer.

All vessels to report at
the Wharlinger'sofflco.

Article 72. — In every case where any person is acting
under a permission in writing from any Officer of the said
Harbour, or from any Official authorized by the By-laws of
the said Harbour to grant such permission ; such person
upon the first demand of the Wharfinger, or of the Har-
bour Master, or of any other Official employed about the
said Harbour by the said Commissioners, shall exhibit to
the Wharfinger, Harbour Master or other Official making
such demand, the writing containing such permission.

Article 73. — In addition to the details which by the 7th
Article of the By-laws of the said Coinmissioners, the mas-
ter or person in charge of every vessel arriving in the Har-
bour, is bound to insert in the report by him required to be
made under the said By-law. cvcrv such master or person
in charge of any such vessel shall also insert in such report
a description of the rig cf such vessel, the name of such
vessel, and of her master or captain, the place from whence
and the date when such vessel sailed, the name of the con-
signee thereof, and of the pilot thereof; the number of men
employed therein, the number of passengers carried thereby,

and the name of the steamer (if any) which towed such
vessel into harbour.

Article 74. — All vessels lyinpr at the wharves within the vessels to avoid dam-

, aging other vessels.

Harbour, shall have their yards topped up, their booms and
outriggers rigged in, their jibbooms and flying jibbooms
rigged in as far as practicable, their studding sail boom
irons taken off, their sprit sail yards laid fore and aft, and
their anchors secured so as to avoid doing damage to other
vessels.

Article 75. — No coals shall be discharged from any vessel Coais to be landed only
except upon such wharf as shall be indicated for that pur- Harbourmaster. ^
pose by the Harbour Master, and when discharged, such
coals shall be immediately removed and taken away from
such wharf by the owner or consignee thereof as fast as
they shall be landed thereon. And no appointment of a
berth, or permission to land the cargo of any vessel at any
wharf, shall entitle the owner or person in charge of such
vessel to land coals opposite such berth or upon such wharf,
unless permission shall also have been granted by the Har-
bour Master to land also thereon as hereinbefore provided.

Article 76. — Every person, in whatsoever capacity he Fines and Penalties,
may be acting, who shall violate or infringe any of the By-
laws of the Corporation of the Harbour Commissioners of
Montrer', or any part or portion of any one of them, shall
be subject to a penalty of Forty Dollars currency.

Article 77. — Every person, in whatsoever capacity heFinesandPeuaities.
may be acting, who shall fail or neglect to obey any one of
the By-laws of the Corporation of the Harbour Commis-
sioners of Montreal, or any portion of any one of them,
shall be subject to a penalty of Forty Dollars currency.

Article 78. — The Master or person in charge of any Fines and Peuaities.
vessel which shall violate or infringe, or fail or neglect to

Fines and Penalltes.

Flues and Penalties.

obey any one of the By-laws of the Corporation of the Har-
bour Commissioners of Montreal, or any part or portion of
any one of them ; and the Master or person in charge of
any vessel, in the conduct and management of which any
one of the said By-laws, or any part of any one of them,
shall be violated, infringed or disobeyed, shall be subject to
a penalty of Forty Dollars currency.

Article 79. — In the event of tho contravention or neglect
to obey any of the By-laws of the Corporation of the Har-
bour Commissioners of Montreal, having reference to the
landing or shipping of gunpowder, the landing or shipping,
as the case may be, of each keg or package of gunpowder,
shall be a separate offence, and shall give rise to a separate
penalty of Forty Dollars against the offending party.

Artide 80. — The owner of any cargo, lumber or effects
or of any matter or thing whatever, landed from any vessel,
in respect of which cargo, lumber or effects, matter or thing,
there shall be any violation or infringement of, or diso-
bedience to any one of the By-laws of the Corporation of
the Harbour Commissioners of Montreal, or of any part of
any one of them ; shall be subject to a penalty of Forty
Dollars currency.

Article 81. — The owner or person in charge of any
goods, lumber or other effects, deposited for shipment on
any wharf, or elsewhere in the said Harbour ; in respect
of which goods, lumber or effects, there shall be any viola-
tion or infringement of, or disobedience to, any one of the
By-laws of the Corporation of the Karbour Commissioners
of Montreal, or of or +o any part of any one of them, shall
be subject to a penalty of Forty Dollars.

Penaitvmaybereduc- Article 82.~If any person be convicted by any Magis-
ed to Twenty Dollars, tf^te or Magistrates, Justice or Justices of the peace of any

excepting on sea-going » ' m- • t • '

vessels and. tiieir car- gf the Said offciices, such Magistrate or Magistrates, Justice

goes.

Fines and Penalties.

or Justices of the Peace, who shall render such judgment
of conviction, may reduce^ the amount of the penalty to
Twenty Dollars currency, in all cases where the offence
committed has no reference to a sea-going vessel, or to'car-
go carried or to be carried in a sea-going vessel, or is not
committed by the Master or uerson in charge of a sea-soinc
vessel.

Article 03.--The By-laws numbered 21, 46, 54, 55, 5G,
57, 58 and 59, forming pan of the By-laws made and
passed by the said Harbour Commissioners of Montreal,
on the 2 1st day of April, 1859 ; and all such portions of
By-laws numbers 39 and 40, and of any other of the said
By-laws as are inconsistent with the foregoing By-laws, are
hereby revoked and repealed.

I hereby certify, that the foregoing Amendments to the By-Laws
of the Harbour Commissioners of Montreal, numbered from 63 to
83 inclusive, are true copies of said Amendments, duly made and
passed at a Meeting of the said Corporation, held at Montreal, on
the 11th day of July, 1861, and sanctioned aTid confirmed by His
Excellency Sir Edmund Walker Head, Governor General of British
North America, &c., &c., &c., on the 12th day of September, 1861,
and published in " The Canada Gazette, published by authority," on
the 28th day of Septombor, 1S61.

In Witness Whereof, I have signed this Certificate, and ap-
pended the Seal of the said Corporation hereto, this 30th day of
September, 1861.

m 51. s. m

ALEX. CLERK,

To the Harbour Commissioners of Montreal.