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Hiotograiiiic
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23 WIST MAIN STRUT
WeBSTCR,N.Y. I4SS0
(716) S72-4S03
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4
5
6 1
y V
AN ACT
TO CONSOLIDATE
THE m
TRIITY UOif OF
AMI
FOR OTHER PURPOSES
(Passed in the year 1H|i».
QUEseo:^ : /
PBINTBl^ B7 AUG. C0T£|' A^D OO.^
NEAR THB ARCHBISHOP 's PALACE.
1849.
V v
^^5^^^!^-^^^^^^^^
f
"
AN ACT
f
TO 00N80UDATS
THE LAWS
RBLATITC TO TBB
TRMITY HOUSE OF OlIEBEC.
ad
AND
FOR OTHER PURPOSES.
( Paased in the year 1849. )
i .
AV». OOTfiAm Co.,
WIAR THB ARCHBMHOP'f PALACK.
1849.
\ *
■■if»
'H
**»«**
I . M
>.>#fe
._if^f
An Aet to eonsoUdate the laws relative
to the powers and datles of the Tri-
nity Honse of ftaebec, and for other
purposes.
(30IA May, 1849.)
WHEREAgl the provisions of the Actu and Ordi-
nances now in force relative to the powers and
duties of the Trinity House of Quebec, to pilots and
Pilotage in and below the Horbonv of Quebec, to tho
fund for decayed Pilots, their widows and children,
and to other matters therein mentioned, have become
obscure by repeated amendments \ And whereas
experience hath shewn that they are insufficient for
the purposes for which they were framed, and it is
therefore expedient to repeal them, and to amend
and consolidate the provisions therein contained^ and
to enact other provisions : Be it therefore enacted by
the Queen's Most Excellent Majesty, by and with
the advice and consent of the Legislative Council and
of the Legislative Assembly of the Province of Ca«
nada, constituted and assembled by virtue of and
under the authority of an Act p:;ss(ed in the Parlia»
ment of the Unitecl Kingdom Q, rrreat Britain and
Ireland, and intituled, " An A^t to re-unite the
** Provinces of Upper and Lowers Canada ^ and for
" the Government of Canada ; '» and it is hereby
enacted by the authority of the same as fellows :
1st. That the Act of the Parliament of the Pro-
vince of Xiower-Canada, passed in the forty-^fth
year of the Reign of King George the Third, inti'
tuled : " jin Act for the better regulation of Pilots
" and Shipping in the Port of Quebteey. ana in the
" Harbours of Quebec and Montreal,, and for im-
" proving the Jfavigatiork af the Riper St, Law^
** rencCf and for establishing a Fund for decayed
** Pilots, their Widows and Children, " is repealed.
Sndly. The Act of the said Parliament, passed in
the forty-seventh year of the Reign of King George
the Third, intituled" An Act to amend an Act
" passed in the forty-fifth year of the Reign of His
*' present Majesty y intituled^ An Act for the better
" regulation of Pilots and Shipping in the Port of
" Quebec, and in the Harbours of Quebec and
" Montreal, and for improving the Navigation of
'* the River St. Lawrence, dnd for establishing a
" fund for decayed Pilots, their Widows and
" Children, " is repealed.
3rdly. The Act of the said Parliament passed in
the fifly-first year of the Reign of King George the
Third, intituled, " ^n jlct to amend an Act passed
" in the forty-fifth year of His Majesty'^s Reign,
" intituled. An Act for the better regulation of
** Pilots and Shipping in the Port of Quebec, and in
'* the Harbours of Quebec and Montreal and fcyr im-
" proving the JSTavigation of the River St, Law-
" rence, and for establishing a fund for decayed
" Pilots t their Widows and Children, " is repealed.
4thly. The Act of the said Parliament, passed in
the fifty-second year of the Reign of King George
the Third, intituled," An Act to amend an Act
" passed in the forty-fifth year of His Majesty^s
" Reign, intituled. An Act for the better regulation
** of Pilots and Shipping in the Port of Quebec, and
" in the Harbours of Quebec and Montral, and for
" improving the JSTavigation of the River JSt. Law-
" rence, and for establishing a fund for decayed
" Pilots, their Widows and Children, " is repealed.
othly. The third section of the Act of the said
Parliament, passed in the fifty-ninth year of the
Reign of King George the Third, intituled, " An
** Act to prevent accidents in the landing of gun-
" powder from Ships or other Vessels in the Harbour
" of Quebec, and to guard against the careless
" transporting of the same into the Powder Maga-
" zine, " is repealed.
6thly. The Act of the said Parliament, passed in
the second year of the Reign of King George the
Fourth, intituled, " An Act further to amend and
«
to extend the provisions of certain Acts therein
mentioned^ relating to Pilots and to the navigation
of the River St, Lawrence, and for other purposes
therein specifiedf " is repealed.
7thly. The Act of the said Parliament, passed
in the fourth year of the Reign of His late Majesty
King William the Fourth, intituled, ** An Act to
" make provisions for indemnifying Pilots while
" detained in Quarantine, " is repealed.
Sthly. The Ordinance of the Governor and
Special Council of the Province of Lower-Canada,
passed in the fourth year of Her Majesty's Reign,
intituled, " An Ordinance to authorize the Corpo-
" ration of the Trinity House of Quebec to borrow a
" certain sum of money, and for other purposes to
" the said Corporation, " is repealed.
9thly. The Ordinance of the Governor and
Special Council of the Province of Lower-Canada,
})assed in the fourth year of Her Majesty, intituled,
** An Ordinance to empower the Corporation of the
Trinity House of Quebec to sell and convey a
certain portion of the Harbour of the CuUde^Sac
in the City of Quebec, to the Corporation of the
said City, " is repealed.
lOthly. The Act of the Parliament of this Pro-
vince passed in the Session held in the fourth and
fifth years of Her Majesty's Reign, intituled, << an
*^ Act to repeal and amend in part certain Acts and
** a certain Ordinance therein mentioned, and to
" extend the powers and increase the funds of the
" Corporation of the Trinity House of Quebec, *> is
repealed.
llthly. So much of the Act of the said Parliament
passed in the eighth year of Her Majesty's Reign,
intituled, " An Act to amend the Ordinances incor-
" porating the City of Quebec, '' as shall be incon-
sistent with this Act, is repealed.
12thly. No Act or Ordinance or part of an Act or
Ordinance repealed by any Act or Ordinance hereby
repealed, shall be revived by virtue of this Act.
n. And be enacted, First, that notwithstanding
the repeal of the Acts and Ordinances or jiarts of
a2
it
«
u
6
Acts or Ordinances before mentioned, all things done
and all rights acquired in virtue of the said Acts or
Ordinances shall be valid, all penalties incurred
shall be recoverable, and all proceedings or matters
commenced may be continued as if the Acts and
Ordinances so repealed were still in force.
2ndly. The Corporation of the Trinity House of
Quebec shall not be dissolved by the passing of this
Act, but shall continue, and the present Master,
Deputy-Master, and Wardens of the said Corpo-
ration and their successors in the same offices, ap-
pointed in the manner prescribed by this Act, shall,
without any new appomtment, remain and continue
to form and constitute a body politic, incorporated
for the purposes of the present Act, under the name
of The Trinity House of Quebec ^ which shall be one
and the same Corporation with that heretofore
existing under the name of " The Master, Deputy-
Master and Wardens of the Trinity House of Quebec;'*
they shall continue to have perpetual succession, and
a Common Seal, with power to change and renew
it at pleasure ; they and their successors may plead
and be impleaded in any Court of Record or Judicial
Tribunal in this province, in like manner as any
other body corporate or party ; and may purchase
and hold immoveable property as sites lor light
houses, and for other the purposes of this Act ] and
may purchase and hold any moveable property
whatsoever for like purposes, or for the other purposes
of this Act.
3rdly. The present officers of the Trinity House of
Quebec and the other functionaries of the said Cor-
poration shall retain their respective offices, as if this
Act had not been passed ; except that after the
passing hereof, the offices of Clerk and Treasurer
shall be held by separate persons.
4th Iv. The Trinity House of Quebec sliall consist
of a Master, Deputy-Master and seven Wardens,
who with the Master and Deputy-Master, shall have
in the manner herein prescribed, the right of giving
their opinion, and voting upon all the affairs of the
Corporation : but the office of Deputy-Master shall
cease I'roni and after the resignation, removal or
decease of the ])resent Deputy-Master, and the
Trinity House of Quebec shall then consist of a Mas-
ter and eight Wardens.
5thly. That no member of the Trinity House of
Quebec shall directly or indirectly contract with the
said Corporation, nor be in any manner interested in
or capable of deriving any interest under any contract
made with the said Corparation by any other person,
and any member who shall have any contract with
the Corporation at that time of the passing of this
Act, shall cease to be a member thereof.
6thly. There shall be two Superintendents of
Pilots, who shall be branch pilots, having practised as
such for ut least ten years ; the senior in office shall
be one o^ the Wardens of the Trinity House of
Quebec ; in his absence the other Superintendent
of Pilots shall act as Warden, with the same
powers and functions.
7thly. The Master of the Trinity House of
Quebec shall be ex officio the principal of the Corpo-
ration.
Sthly. There shall be, as heretofore, a Harbour-
Mastei, and Assistant Harbour-Master of the Har-
bour ofQuebec ; except that the office of Assistant
Harbour-Master shall cease on the resignation,
removal or decease of the present incumbent.
9thly. The Governor may appoint by an instru-
ment under the great seal of the Province, all the
officers and other functionaries required by the
present Act, and may remove at his pleasure, col-
lectively or separately, the Master, the Deputy-
Master, the Wardens, the Hai hour- Master, the
Assistant Harbour-Master, the Superintendents of
Pilots, the Treasurer, the Clerk, the Bailiff, and
the other officers and functionaries of the Corporation,
and appoint others, except to the offices of Deputy-
Master of the Trinity House of Quebec and of the
Assistant Harbour-Master, which offices shall be
abolished on the removal of the incumbent.
in. And be it enacted, FirsI, That all the
oncers of the Trinity H<;g«9e€f Qviebee shall receive.
i)
II
fixed salaries out of the funds of the said Corporation ;
and except monies which under this Act go to the
Pilot Fund, all fees and monies received for any
cause whatsoever under this Act or any By-law
made under it, shall go towards defraying the ex-
penses of the Corporation.
2dly. The salary of the Master shall not exceed
two hundred and fifty pounds a year ;
That of the present Harbour-Master shall not
exceed five hundred pounds a year; nor that of any
of his successors four hundred pounds a year ;
That of the Assistant Harbour-Master shall not
exceed one hundred and eleven pounds two shillings
and two pence a year ;
That of each Superintendent of Pilots shall be one
hundred and seventy-five pounds a year ;
That of the Treasurer shall be three hundred and
fifty |X)unds a year ;
That of the present Clerk shall be three hundred
pounds currency a year j but that of any of his suc-
cessors shall not exceed two hundred and fifty pounds
a year ;
The salary of the Bailiff shall not exceed one hun-
dreed pounds a year ;
The salaries which are not hereby fixed shall be
fixed by the Governor within the limits hereby
prescribed.
IV. And be it enacted, That all By-laws legally
made by the Trinity House of Quebec before the
passingof this Act, shall, in so far as they contain
nothing inconsistent with this Act, remain in force
until repealed or amended, or until others shall be
enacted in lieu thereof, by the said Corporation, but
so much thereof as may be inconsistent with this Act
is hereby repealed.
V. And be it enacted, That the Master, Deputy-
Master and Wardens of the Trinity House of Quebec,
or any three of them, may meet on such days and
at such place as they may think pioper, and may
adjourn indefinitely or to afifxed day, at pleasure ;
but they shall meet at least twice a week during the
season of navigation ; their acts shall be valid pro-
w— ■■■*
9
not
>fany
and
I
•I
t
vided three of them meet at their then usual place
of sitting ; at their meetings the Master or in his
absence the Deputy-Master, or of neither be present,
the senior Warden shall preside.
VI. And be it enacted, That at any such meeting
the Master, Deputy-Master and Wardens of the
Trinity House of Quebec, or any three of them, may
in the manner provided in the last preceding section
of this Act, make such By-laws and orders as they
may Jcem fitting and useful, provided the same be
not contrary to the Maritime Laws of Great Britain,
to the Laws of this Province or to this Act ; the
objects for which such By-laws and orders shal be
made, being the following :
Istly. The internal menagement and government
of the Corporation of the Trinity House of Quebec and
of its property moveable and immoveable.
2ndly. The security and the facility of the Navi-
gation of the River St. Lawrence, from the Basin
of Portneuf, in the County of Portneuf, to the
eastern limit of this Province, and of the navigable
portions of the several rivers which flow into this
river, or into the Gulph of St. Lawrence, within the
limits prescribed by this Act.
3rdly. The placing and removal of buoys and
beacons.
4thly. The erection of light-houses, floating lights,
lanterns and other signals.
5thly. The dredging and clearing away of sands,
rocks or other obstructions.
6thly. The improvement and management of the
Harbour of Quebec, and of the Cul-de-sac.
7thly. The anchoring, mooring, riding, and fas-
tening of vessels and craft of all kinds in the Har-
bour of Quebec, and the control of such vessels and
craft, whether in the stream, at a wharf or landing
place, or hove down or hauled up for repair, in the
Harbour of Quebec.
Sthly. The regulation and control of the use of
lights and fire on board such vessels and craft in the
Cul-de-sac, and at the wharves in the said Har-
bour.
I''
10
i!
i
^thly. The manner of boiling or melting pitch)
tar, turpentine, resin, or any other inflammable
substance, on the beaches in the said Harbour of
Quebec, or in the Cul-de-sac,
lOthly. The appointment of the place or places in
the said Harbour for the landing of gunpowder from
Merchant vessels, and the route by which it may
be carried to the Magazine.
llthly. The construction of wharves and of
buildings thereon for the use of the Trinity House
of Quebec.
12thly. The imposing, levying and receiving of
wharfage or other dues to be paid by vessels and
craft of all kinds entering the Cul-de-sac, or under-
going repairs or wintering therein.
13thly. The regulation and government of Pilots
licensed as such for the Port of Quebec.
14thly. The conduct of Pilots towards their Ap-
prentices, and of Pilot's Apprentices towards their
Masters.
15thly. The qualification, instruction, service,
supervision, control and examination of the Pilot's
Apprentices.
VII. And be it enacted, That no By-law made
by the Trinity House of Quebec, shall take effect,
unless it be published twice a week in English, in a
Quebec newspaper publised in English, and twice
a week during two weeks in French in a Quebec
newspaper published in French, nor unless it be
submitted to the Governor for his sanction at least
fifteen days after such publication.
VIII. And be it enacted. That every By-law
sanctioned by the Governor, and certified by the
Clerk of the Executive Council, shall before it shall
take effect, be inserted twice a week during two
weeks, in English in a Quebec newspaper pubished
in English, and in French in a Quebec newspaper
pubished in French ; and such By-laws shall be
then printed in a pamphlet form, and any person
shall be entitled to a copy on paying its fair value ;
and a copy of any By-law of the Trinity House of
Quebec, certified by the Cleik under the seal of the
I
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Corporation, shall be deemed authentic, and shall
avail accordingly in all Courts of Justice in this
"* ovince.
IX. And be it enacted, That the Trmity House
of Quebec may by any By-law made under this Act,
impose penalties not exceeding ten pounds on any
person contravening such By-law, or any other
which the Corporation may lawfully make under
this Act, or under any such By-law.
X. And be it enacted, That the Trinity House
of Quebec shall contmue to possess the property of
Her Majesty situate in the Lower-Town of Quebec,
and known by the name of Cul-de-sac Harbour,
whether covered or not covered by the flow or ebb
of the tide, with its dependencies, and may
exercise the rights thereunto belonging ; but shall
not dispossess or molest the persons possessing the
wharves on the north side of the Cul-de-sac, nor
deprive them of tha advantages, revenues and
profits to which they are now entitled.
XI. And be it enacted, That for the purposes of
this Act, the port of Quebec shall comprise all that
part of the Hiver St. Lawrence between the Basin
of Portneuf, inclusively, and the Gulph of St.
Lawrence, that part of the Gulph of St. Lawrence
which is comprised within the limits of this Pro-
vince, or which borders upon its coast, and that
part of all rivers, waters, creeks, bays and coves
within the said limits, where the tide ebbs and
flows.
XII. And be it enacted, That the Harbour of
Quebec shall comprise that part of the Kiver St.
Lawrence, between St. Patrick's Hole, inclusively,
to the Cap Rouge River, iiiclusively, and that part
of the Rivers Montmorency, St. Charles, Etchemia,
Chaudi^re, Cap Rouge and others, where the tide
ebbs and flows.
Xin. And be it enacted, That ibr the purpoees
of this Act, the River St. Lawrence shall be held
to enter the Guljdi of St. Lawrence at an imaginary
line drawn from the eastern anchorage ground off
Isle harnabi to the eastern anchorage ground under
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12
Cape Columbia, on the north shore ; and vessels of
every kind bound inwards shall be considered to be
in the River St. Lawrence when they shall be above
this imaginary line.
XIV. Arid be it enacted, That every member of
the Trinity House of Quebec, and every officer
thereof, shall, before entering upon the duties
assigned to him by this Act, make oath before a
Judge of the Court of Queen's Bench or one of the
Prothonotaries thereof, that he will faithfully
perform the duties of his office.
XV. And be it enacted. That the Trinity House
of Quebec may and shall grant a Branch as Pilot to
every Apprentice who shall have previously complied
with all requirements of the law, and undergone a
satisfactory examination, conformably to the provi-
sions of this Act.
XVI,, And be it enacted. That every Pilot having
a Branch before the passing of this Act shall keep the
same until he shall forfeit it for any of the causes
herein mentioned.
XVII. And be it enacted. That every Bmnch
Pilot who shall be two full and consecutive years
without acting as Pilot, ( unless in case of sickness,
unavoidable absence, or special permission from the
Trinity House of Quebec, ) shall be liable to a
penalty of fifty pounds, which shall go to the Pilot's
Fund ; and in case of repetition of the offence, he
shall forfeit his branch.
XVIII. And be it enacted, That every Branch
Pilot who shall be two years without acting as Pilot,
but shall give notice to the Clerk of the Trinity
House of Quebec, in the course of such two years,
that he wishes to cease to act as Pilot, shall lose his
blanch but shall not incur the penalty of fifty
pounds.
XIX. And be it enacted, That each Pilot's Branch
shall be registered by the Trinity House of Quebec,
in a book which shall be open during tho navigation
season to every person wishing to inspect it.
XX. And be it enacted, That the Trinity Honse of
I
I
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(ressels of
ed to be
be above
smber of
y officer
e duties
before a
ne of the
faithfully
;y House
Pilot to
complied
ergone a
he provi-
3t having
keep the
ie causes
f Branch
ive years
* sickness,
from the
ible to a
he Pilot's
Fence, he
y Branch
5 as Pilot,
3 Trinity
w:» years,
lU lose his
r of fifty
;'s Branch
'f Quebec,
lavigation
t.
House of
i
Quebec may, by By-law, fix the fees to be received
in suits brought before it, or for delivering and
registering Pilots' Branches, or for any other cause
whatsoever.
XXI. And be it enacted. That no person shall ob-
tain a Branch as Pilot, unless he proves that he has
bond fide served a regular apprenticeship during
seven consecutive years under a Branch Pilot autho-
rized by Licence to have an Apprentice as herein-
after mentioned, and made four voyages to Europe ;
nor unless he has been examined and found suffi-
ciently conversant with Arithmetic, able to speak,
read and write the English and French languages,
and to calculate a ship's way on the chart, and to
work a ship, and is perfectly well acquainted both with
the North Channal of the River St. Lawrence be-
tween Quebec and Isle du Bic, and with the South
Channel of the said River between the same limits,
and h.iis conducted himself soberly, and been of good
moral conduct during his apprenticeship.
XXII. And be it inacted. That the Trinity House
of Quebec, in ordei to provide the Pilots' Apprentices
with the means of becoming acquainted with the
North Channel, shall send their vessel at least twice
a year to explore the same, and shall admit on board,
under the inspection of one of the Superintendants
of Pilots, all Pilots' Apprentices.
XXIII. And be it enacted, That the Trinity
House of Quebec may fine, or according to the gra-
vity of the offence, suspend or deprive of his Branch
any Pilot who shall be the cause of the loss of a.
vessel under his charge, or shall be the means of
its sustaining damages, or being delayed for a consi-
derable time ; and shall do so after complaint of the
master or owner of such vessel made to the Harbour
Master, in whose name the prosecution shall be
brought : the fine shall not, in any case, exceed ten
pounds, and the Pilot shall not be suspended for more
than two years : the Trinity House of Quebec may
in its discretion abridge the period for which a Pilot
may have been suspended, and shall not deprive the
Pilot of his Branch unless he shall have caused
B
\i
i-r 1
through
U
drunkenness or gross tni»-
the accident
Conduct.
XXIV. And be it enacted, That a Pilot depfived
of his Branch or suspended or condemned to pay a
penalty y for having caused damage to a vessel by his
drunkeness oi gross misconduct, shall not be entitled
to any pilotage, where the amount of such damage
shall be equal to or exceed that of such pilotage.
XXV. And be it enacted. That a Pilot deprived of
his Branch for drunkenness, may recover it by pro-
ving by good and Valid certificates that he has con-
ducted himself with sobriety and steadiness during
two consecutive years, after the date of his interdic-
tion.
XXVI. And be it enacted, That the Trinity House
of Quebec may at any time, and jshallat the expira-
tion of three years from the time when any Pilot shall
have been condemned to lose his Branch, for gross
misconduct, restore the same to him on his proving
by undergoing an examination conformable to the
By-laws in force when he was first apprenticed, that
he is qualified to act as a Pilot.
XXVII. And be it enacted, That a Pilot suspended
from the eJcercise of his functions or deprived of his
Branch, shall not be deemed to be a Branch Pilot so
long as this suspension shall last, or his Branch shall
not be restored to him.
XXVIII. And be it enacted, That the Trinity
House of Quebec may fine in a sum not exceeding ten
pounds, and not less than five pounds, any Branch
Pilot who, iiot being really employed as a Pilot, shall
refuse, avoid or voluntarily neglect to board or take
charge of any vessel within the limits specified in
his Branch, when he shall be required either by
a signal from such vessel or by the captain
miaster or any ofiicer belonging to the vessel, by
the Trinity House of Quebec, the Harbour^Master
or the Superintendents of Pilots, unless it would be
dangerous to the Pilot to obey such signal, or to com-
ply with the deiltiand or order of the said persons or
authorities^ or unless he be prevented from so doing
by sickness Or other sufilcient cause.
-■;/i
I
I
■'Mr-
i
*aM»»'»*.
15
OSS tnish
depirived
to pay a
gel by his
e entitled
> damage
)tage.
jprived of
; by pro-
has con-
9S during
interdic*
ity House
tie expira-
Pilot shall
for gross
is proving
ble to the
iced, that
suspended
ed of his
zh Pilot so
anch shall
e Trinity
eeding ten
ly Branch
Pilot, shall
:d or take
)ecified in
either by
e captain
vessel, by
Jur^Master
would be
or to com^
persons or
L so doing
i!
i
XXIX. And be it enacted. That any Branch Pilot
who shall, without reasonable excuse, abandon a
vessel or refuse to pilot her after he has been enga-
ged for that purpose, or after having boarded her,
without having pei formed the services for which he
shall have been so engaged, and without the permis-
sion of the master of such vessel, shall be liable to a
penalty not exceeding ten pounds or may according
to the gjcavity of the offence, be suspended or
deprived of his Branch.
XXX. And be it enacted, That any Master of a
vessel promising to give or having given the charge
of his vessel to a Branch Pilot, and afterwards refu-
sing it or taking it from him, shall be obliged to pay
to such Pilot the full pilotage on the vessel.
XXXI. And be it inacted, That any Branch Pilot
having charge cf a vessel, who shall refuse to obey
the orders or directions of the Harbour- Master rela-
tive to the making fast, casting off, shifting or re-
moval oLsiich vessel, shall incur a penalty not excee-
ding ten pounds.
XXXII. And be it enacted, That no Pilot shall
have an Apprentice unless he has previously obtai-
ned a licence to that effect from the Trinity House
of Quebec, after being examined as to his ability to
instruct tjiich Apprentice in tk& duties of a P^lpt ;
and no Pilot ^xsJl have mofff than one apprejitice at
one time.
XXXIIJ. Ai^ be it eiMkcted, That any person
wishingto become a Pilot's Apprentice most know
how to read and write, and must previously obtain
permission from the Trinity House of Quebec.
The agneemeoit between the Apprentices and the
Master shall be by a notarial indenture; whereof the
latter shall, under a penalty not exceeding ten
pounds, deposit an authentic copy iu the hands of
the Clerk ctf the Trinity House of Quebec, within
three months after the date of the indenture.
XXXIV. And be it enacted. That Apprentices
under indentuies at the passing of this Act shall, as
jregards their qualification and examination, be
ff
16
, V
J;
I J
subject only to the By-laws and regulations in force
at the date of their Indentures.
XXXV. And be it enacted, That any person other
than a Branch Pilot who shall take charge of a
vessel to pilot it, in any part of the Harbour or Port
of Quebec, shall, unless the Master of such vessel
has previously endeavoured, by making the signal
required by this Act to procure a Branch Pilot,
incur a penalty of ten pounds.
XXXVI. And be it enacted. That the Master or
person in charge of any boat or other small craft,
who shall at the instance of the Master of any vessel
run before the same to direct its course, shall be
entitled to full pilotage for the distance thus gone
over, except that if there be in such boat or craft
a Branch Pilot who shall not from any cause have
been able to board the vessel, it shall be such
Pilot who shall be entitled to receive the pilotage.
XXXVII. And be it enacted. That the rates of
pilotage to which Branch Pilots shall be entitled,
shall be those in tables one and two of the Schedule
(A,) annexed to this Act ; any Pilot who shall
knowingly receive more or less than the rates
enumerated in the said Schedule shall respectively
incur a penalty not exceeding ten pounds.
XXXVIII. And be it enacted. That the Pilot
arriving with any vessel in the Harbour of Quebec,
shall remain in charge thereof, if the Master require
it, during the forty eight hours next after his arrival ;
but he shall in any case be free from the moment
the vessel shall be fast to a wharf, or shall have
commenced discharging her ballast or unloading ;
when the Pilot shall at the instance of the Master,
remain more than forty-eight hours on board the
vessel, he shall have one pound for each day subse-
quent, and his board as customary.
XXXIX. And be it enacted, That every vessel
arriving in the Harbour of Quebec, and not having
performed quarantaine at Grosse-Isle, may proceed
without stoppage, to the ballast-ground, or to any
other place in the said Harbour.
XL. And b.' it enacted, That every difference
i
17
sin forcv
»r8on other
arge of a
3ur or Port
mch vessel
the signal
inch Pilot,
J Master or
imall craft,
any vessel
>, shall be
\ thus gone
lat or craft
cause have
11 be such
lilotage.
he rates of
be entitled,
e Schedule
who shall
the rates
espectively
t the Pilot
of Quebec,
ster require
^is arrival;
he moment
shall have
unloading ;
ihe Master,
1 board the
day subse-
reiy vessel
not having
lay proceed
or to any
y difference
brought before the Trinity House of Qucbac, between
a Pilot and a Master of a vessel, respecting the draft
of water of such vessel, shall be decided on the
report of the Harbour-Master.
XLI. And be it enacted. That the Master of any
vessel coming into the Harbour of Quebec, shall on
the demand of the Harbour-Master, give him the
draft of water and tonnage of such vessel, under a
penalty of ten pounds, and any Master who shall
not give the Harbour-Mastet the true draught of
water and exact tonnage of his vessel, shall incur a
penalty not exceeding twenty-five pounds.
XLII. And be it enacted. That any Pilot saving
or endeavouring to save a vessel in distress shall be
entitled to a remuneration to be fixed by the Trinity
House of Quebec, if such Pilot shall not have agreed
with the Master or owner of the vessel as to the
compensation for such service, provided he be not
the Pilot on board and in charge of such vessel.
XLIII. And be it enacted. That any Branch
Pilot who shall bring back to the Harbour of Quebec,
a vessel having sustained damage or lost any anchor
or cable, shall be entitled to the pilotage downwards
for the whole distance he may have gone, in ac-
cordance with the rates in the Schedule (A) annexed
to this Act, and further, to half pilotage for bringing
the said vessel up.
XLIV. And be it enacted. That any Branch
Pilot in charge of a vessel, who shall be detained in
quarantine at Grosse-Isle, or at any other quaran-
tine station legally established in the Port of Quebec,
shall, in addition to the pilotage be entitled to
fifteen shillings for each day of detention, recove-
rable in the same manner as pilotage.
XLV. And be it enacted, That any Branch Pilot
carried out to sea, or beyond the limits of the Port
of Quebec, without his consent, shall be entitled, at
the expense of the master or owner of such vessel,
to a cabin passage back to the Port of Quebec, and,
in addition to his pilotage, to the sum of six pounds
sterlmg, per month, reckoning irom the day when
he shall have passed the limits of the Port of Quebec
b2
•h,
H.ii
\ i
^;l
lii-.-^
i
18
to the day of his repassing them ; but he shall not
be entitled to more than such a passage as above
mentioned, and to forty days allowance, at the rate
of six pounds sterling per month, reckoning from
the day of his landing in a frequented port to that of
his repassing the limits of the Fort of Quebec.
XLVl. And be it enacted, That every boat or
other small crafl, having on board one or more Branch
Pilots in search of vessels, shall carry at the mast-
head, a flag half red and half white, the colours being
horizontally placed, and the white uppermost, and
proportionate to the size of the boat or cmfl, under a
penalty of ten pounds currency, recoverable from the
master or owner of such boat or craft ; every boat or
other small craft used by a Branch Pilot, shall, under
penalty of ten pounds recoverable from the master
or owner of such boat or craft, carry on each of its
sails and on its bow and quarter, the number of its
owner or of one of its owners; such numbers shall be
in figures of eighteen inches in length ; for the pur-
poses of this Act the Pilot whose number shall so
appear on the sails and on the sides of such boat or
craft, shall be deemed the owner thereof.
XLVII. And be it enacted. That any Branch
Pilot who shall conceal, or wilftilly allow to be con-
cealed, the number on the sails or on the side of his
boat or craft, shall incur a penalty of ten pounds.
XLVIII. And be it enacted. That the master or
owner of every boat or small craft, not having on
board a Branch Pilot, which shall carry the distinc-
tive Pilot-flag herein described, shall for each ofl!ense
incur a penalty not exceeding ten pounds.
XLIX. And be it enacted, That a description of
the person of each Pilot shall be endorsed upon his
Branch.
L. And be it enacted, That every Branch Pilot
taking charge of a vessel, shall, under a penalty not
exceeding ten pounds, carry with him his Branch,
and shall exhibit it to the Master of such vessel, who
is required to demand its production, under a penalty
not exceeding ten pounds.
. LI. And be it enacted, That any Pilot suspended
I
I
'^^'Mhk.
19
ill not
above
le rate
from
hat of
'I
■i
or dismissed shall, under a penalty not exceeding ten
pounds, deliver up his Branch to the Clerck of the
Trinity House of Quebec, within three months from
such suspension or dismissal and shall leave it theie
so long as such suspension or dismissal shall continue.
LII. And be it enacted, That on the death of a
Pilot, his testamentary executor or other person into
whose hands his Branch may come, shall deliver it
up to the Clerk of the Trinity House of Quebec, un-
der a penalty not exceeding ten pounds.
LHI. And be it enacted. That the Master of each
vessel leaving the Port of Quebec for a port out of
this Province, shall take on board a Branch Pilot to
conduct such vessel, under penalty equal in amount
to the pilotage of the vessel ; which penalty shall go
to the decayed Pilot Fund.
LIV. And be inacted. That the Master of every
vessel coming from a port out of this Province, and
not having a Branch Pilot on board shall, on entering
the port of Quebec, under a penalty of ten pounds,
hoist the Union Jack at the fore-topmast head, and
leave it so hoisted every day from day-light to dark,
until boarded by a Branch Pilot.
LV. And be it enacted. That the Master of any
vessel arriving within the port of Quebec, and not
having a Branch Pilot on boaid, who shall perceive
at a reascnnable distance, the boat or other small
craft of a Branch Pilot, carrying at the mast-head
the distinctive Pilot flag, shall by lying-to, if the
weather permit, or by shortening sail or other
praticable means, facilitate the coming on board of
such Pilot, and shall give him charge of his vessel,
under a penalty not exceeding ten pounds, over and
above the full pilotage, which shall be payable to
such Pilot as shall have shewn by signal or other-
wise, his intention to board the vessel and take
charge thereof.
LVl. And be it enacted, That the fund for the sup-
port, and maintenance of decayed Pilots, their widows
and children, shall continue as before the passing of
this Act ; and the said fund and all monies forming
part thereof, either before or alter the passing hereof
A
i
i
I
'I
■I
'I'
•4
20
shall continue to be vested in the Trinity House of
Quebec, which shall administer the same confor-
mably to this Act.
LVII. And be it enacted, That every Branch Pilot
shall contribute to the Pilots' Fund one shilling in the
pound on all monies to which he shal) be entitled un-
der this Act for pilotage or other services.
LVni. And be it enacted, That tho Master of
every vessel not belonging to Her Majesty, shall
retain in his hands one shilling out of every pound
due for the pilotage of such vessel, whether upwards
or downwards, and of every other sum payable by
him to any Pilot for services of like nature, and
shall pay over the sum so retained by him to the
Treasurer of the Trinity House of Quebec, or to any
other person the Governor may appoint to receive the
same.
LIX. And be it enacted. That any Pilot who
shall pilot a Queen's ship in any part of the Port of
Quebec shall, under a penalty not exceeding ten
pounds, pay over withm three months thereafter to
the Treasurer of the Trinity House of Quebec, one
shilling in the pound on the amount of the pilotage
of such vussel ; and the Treasurer of the Trinity
House of Quebec, may administer to such Pilot an
oath as to the amount received by him for such
pilotage.
LX. And be it enacted. That the Superintendents
of Pilots sliall pay annually to the Treasuser of the
Trinity House of Quebec, for the Pilots' Fund, one
shilling in the pound on the amount of their salary ;
and in the event of their resignation or removal as
Superintendents of Pilots, they shall be Branch
Pilels for all the purposes ot tiiis Act, and shall i)ar-
ticipate in the Pilots' "*' .ti>d ic che suxae manner
as if they had never ceased to act as Pilots ; at their
death their widows and children shall have the
same claim on the Pilot Fund as the widows and
children of other Pilots.
liXI. And be it enacted. That the Trinity House
of Quebec shall, out of the Pilot Fund, grant to
every distressed or decayed Pilot, his widow and
I
«i%|LZ
21
Louse of
confoi-
sh Pilot
in the
\led iin-
ter of
9 shall
pound
pwards
ble by
re, aiul
1 to the
y to any
oive the
lot who
Port of
ing ten
;afler to
bee, one
pilotage
Trinity
Pilot an
or such
tendents
er of the
md, one
salary ;
[noval as
Branch
aall ^Tar-
manner
at their
ive the
»ws and
House
[rant to
)W and
f
children^ such assistance or pension as it may deem
proner to grant them, conformably to this Act.
LXII. And be it enacted, That every Pilot who
shall have attained the age of sixty years may, on
delivering up his Bianch to the Clerk of the Trinity
House of Quebec, receive a pension out of the Pilot
Fund.
LXin. And be it enacted, That every sura of
money belonging to the Pilot Fund, which shall not
have been employed in the relief and support of
decayed Pilots, or of the widows and children of
Pilots, shall be placed at interest in the provincial
or other public funds, or loaned on hypothec on real
property : When any sum shall be loaned on
nyi)othec out of the Pilot Fund, the Trinity House
of Quebec shall require from the borrower two good
and valid sureties, and shall satisfy itself that the
property hypothecated, as well as that of the sureties,
is not so encumbered as to endanger the sum so
loaned.
LXIV. And be it enacted. That the Trinity House
of Quebec shall hear and finally determine every
complaint and dilTerence between Pilots and their
Apprentices, and shall for this purpose have all the
powers vested in Her Majesty's Justices of the Peace
and the Courts of Quarter Sessions in the several
Districts of this Province, with regard to Masters and
their Apprentices generally, ana may from time to
time summon before it and examine any Pilot's
Apprentice as to his progress in the business of a
Pilot, and may impose a penalty not exceeding ten
pounds, on any Pilot who may have neglected the
instruction of his Apprentice.
LXV. And be it enacted. That when at the expi-
ration of his apprenticeship a Pilot's Apprentice shall
be found incompetent to practise as a Pilot, the Tri-
nity House of Quebec may oblige him to serve for a
time not exceeding twelve months over and above
the period of apprenticeship hereby required, and
may at each examination which such Pilot's Ap-
prentice may under go, oblige him to serve for a
fiuther period not exceeding twelve months, if it
'f
m
Ms
lil;
\^'i
> Mf
[J
22
shall upon such examination deem him incompetent
to practise as a Pilot.
LXVI. And be it enacted, That The Trinity House
of Quebec may hear and determine :
Istly. Any matter in dispute between a Branch
Pilot and the master or owner of a vessel, relative to
any sum of money claimed for pilotage or other ser-
vice of like nature.
2ndly. Any complaint against a Branch Pilot for
negligence or misconduct in the performance of his
duty, or for any contravention of this Act or of any
By-law or order of the Trinity House of Quebec
legally made and valid under this Act.
3rdly. Any complaint for contravention of this Act
or of any By-law or order of the Trinity House of
Quebec, touching which there is no exptress provision
in any law regulating the powers and jurisdiction of
the other judicial tribimals of this Province.
LXVII. And be it enacted, That every suit brought
before the Trinity House of Quebec shall be by sum-
mons upon complaint and information ; and upon
proof of service of the summons on the party oom^
plained agaiiast, by the baili£^ of the Trinity House of
Quebec, or Marshal of the Admiralty, or sny other
officer specially appointed to make such service, the
Trinity House of Quebec shall jhear and determine
such suit, whether the defendant be preseoit or ab^
sent ; the summons shall isscie under the seal of the
Trinity House of •Quebec, and shedl be signed by the
Clerk of the said Corpora/tion; a copy thereof may be
served by any person legally authorized to jSLaJke such
service on shore or on board of any vessel, inoit being
one of Her Majesty's ship's, to which the defendant
may belong, either personally on the delendftnt vA
his residence or (as the case may be) on one Oif 1^0
company of any vessel under his charge ; there shall
be at least forty-ei^t hours between the seriviee c£
the summons and the hearing the complaint.
LXVni. And be it enacted. That the limits of
the jurisdiction of the Trinity House of Quebec, so f«r
as regards the service of execntion of any summons
23
sum-
1
or writ in the manner prescribed by this Act, shall
be those of the District of Quebec.
LXIX. And be it enacted, That when the Trinity
House of Quebec shall have rendered judgment
against any party, it may execute the same by means
of a writ issued in its name and under its seal, signed
by the principal and countersigned by the Clerk of
the said Corporation, authorising and requiring the
bailiff of the Trinity House of Quebec or the Marshall
of the Admiralty Court, or any other officer named
for that purpose, to levy by seizure and sale of the
moveables, of the party against whom the judgement
is rendered, the amount of such judgement with the
costs of suit and of the seizure, and if it appear by the
return of the bailiff or other officer having the exe-
cution of the writ, that such moveables are insuffi-
cient to satisfy the amount of the judgment and costs,
the Trinity House of Quebec may immediately issue
a writ of arrest C observing the same formalities as in
the former writ ) authorizing the bail^if, marshal, or
other officer named as aforesaid, to apprehend the
person against whom such judgment was rendered,
and to convey him to the Common Graol of the
District of Quebec, there to remain for a period not
exceeding one month, unless the amount of the
judgment and costs be sooner paid.
LXX. And be it enacted, That when the party
against whom judgment has been rendered by the
Trinity House of Quebec, shall not have sufficient
moveables within the jurisdiction of the Corporation,
but shall have moveables within the Trinity House
of Montreal, the Trinity House of Quebec may issue
a writ, ( observing the formalities aforesaid, ) and
address it to the bailiff of the Trinity House ot
Montreal, who« on receiving the same, shall cause
it to be endorsed by the Master of the Corporation
last named, and shall then execute and return it to
the Trinity House of Quebec ; and if the moveables
be not sufficient tc pay the amount of the judgement
and costs, the Triiiit^ House of Quebec shall issue
a writ of arrest addressed to the bailiff of the Trmity
House of Montreal, who alter having had it endorsed
24.
Or
1%
u
>f
I. *
I
by the Master of that Corporation, shall apprehend
the person against whom it is issued, and convey
him to the Common Gaol of the District of Mont-
real or of Three-Rivers, as the case may be, there to
remain for a period not exceeding one month, unless
the amount of the judgement and costs be sooner paid.
LXXI. And be it enacted, That the bailiff of the
Trinity House of Quebec, or the bailiff of the Trinity
House of Montreal, or other officer performing their
duties, to whom a writ of execution or of arrest shall
be adressed may execute it on board of any vessel,
not being one of Her Majesty's ships, within the li-
mits of the Port of Quebec, or of the Port of Mont-
real, as the case may be.
LXXII. And be it enacted, That whenever under
a writ issued by the Trinity House of Quebec, the
bailiff of that Corporation, or the bailiff of the Trinity
House of Montreal, shall have seized in the Harbour
of Quebec or of Montreal, as the case may be, the
moveables of the party against whom the Trinity
House of Quebec shall have rendered judgment as
aforesaid, the sale of such moveables shall be pre-
viously advertised at Quebec or at Montreal, as the
case may be, once in English in a newspaper pu-
blished in English, and once in French in a news-
paper published in French, and when the seizure
shall be made in some other pait of the Port of
Quebec or of Montreal than in the Harbour of Que-
bec or of Montreal, as the case may be, the sale shall
only take place after public notice thereof, given on
a Sunday or holy-day at least twenty-four hours pre-
viously, at the door of the nearest church.
LXXIII. And be it enacted, That any Pilot con-
demned in any case to pay a penalty exceeding five
pounds, or suspended or deprived of his Branch, may
appeal to the Court of Queen's Bench in Superior
Term 5 and any Pilot intending to appeal from a de-
cision of the Trinity House of Quebec, shall give
notice thereof in writing to the Clerk of the Corpo-
ration, within fifteen days after such decision ; and
after having previously given sufficient security for
the costs in appeal, shall proceed with the appeal at the
25
Superior Term next following the said fifteen days ;
no judgment rendered against a Pilot by the Trinity
House of Quebec from which he may appeal under
this Act shall be executory until after the fifteen days
next following the date of such judgment ; and
further in case of appeal, the judgment of the
Trinity House of Quebec if affirmed, shall have
effect and execution only after such affirmation, and
if the Pilot be suspended, the term of suspension
shall date from the day the judgment is affirmed.
LXXIV. And be it enacted. That every person not
being a Pilot ( whose case is elsewhere provided for
by this Act, ) against whom the Trinity House of
Quebec may have rendered judgment for a sum
exceeding ten pounds, shall be entitled, provided he
gives notice of his intention to the Clerk of the Cor-
poration within four days after the date of such
judgment, to appeal to the Court of Queen's Bench
in Superior Term, on giving good and vahd security
to the party in whose favor the judgment was ren-
dered, for the amount thereof and of the costs of
appeal and others ; and shall proceed in the appeal
at the then next Superior Term of the said Court.
LXXV. And be it enacted. That the service of
any Summons upon a Pilot shall if the Bailliff or
person doing his duty cannot find the defendant, be
sufficient if he serve a copy thereof on any other
person either at the residence of the defendant or on
board of his boat or other craft belonging to him, or
on board of any vessel then under his charge.
LXXVI. And be it enacted. That the Master of
any vessel, believing that he has ground of com-
plaint against his Pilot for bad conduct during the
upward or downward passage of such vessel, shall,
on pain of losing all right of complaint, inform the
Harbour Master thereof within four days after his
arrival in the Harbour of Quebec ; and the right of
complaint against a Pilot for any accident in the
Harbour of Quebec or for any other cause, shall be
lost to any Master of a vessel, who shall not submit
his complaint to the Harbour Master within forty-
eight hours after such accident or other ground of
complaint. c
1^
i'^!
H
M
26
LXXVII. And be it enacted, That the Trinity
House of Quebec may summon before it the Master
of any vessel, in which a Pilot's Apprentice has
made one or more voyages across the Atlantic, and
interrogate him under oath respecting such voyages ;
it may in like manner summon before it any Pilot
under whom an Apprentice has served and question
him imder oath respecting such apprenticeship ; and
every Master of a vessel, or Pilot who shall refuse to
obey such summons or to answer the questions put to
him respecting such Apprentice, shall for such refusal
incur a penalty not exceeding twenty pounds, which
he shallpay within forty-eight hours after judgment,
on pain of imprisonment in the Common Gaol of the
District of Quebec, for a period not exceeding fifteen
days.
LXXVIII. And be it enacted, That the Trinity
House of Quebec may examine, under oath, any
Pilot's Apprentice, respecting his apprenticeship.
LXXIX. And be it enacted. That the Trinity
House of Quebec may summon before it, as a witness,
any person whose evidence may be lequired in any
suit whatsoever, and may issue a warrant of arrest
against any person refusing or neglecting, without
just cause, to appear at the time appointed in such
summons ; it may also impose a fine, not exceeding
ten pounds, on any witness so refusing or neglecting
to appear.
LXXX. And be it enacted, That the Trinity House
of Quebec may issue a warrant of arrest against any
person appearing before it as witness, who without
reasonable cause, shall refuse to answer, and may
commit him to the Common Gaol of the District of
Quebec for a period not exceeding fifteen days.
LXXXI. And be it enacted, That the Trinity
House of Quebec, when sitting as a judicial tribunal,
shall administer an oath to every person giving
evidence before it.
LXXXII. And be it enacted. That the Trinity
House of Quebec may allow a fair compensation for
travelling expenses and loss of time, to every person
I
I
i
hi
1
27
rrinity
Master
ce has
;ic, and
►yages ;
y Pilot
uestion
p ; and
efuse to
s put to
L refusal
, which
igment,
L of the
g fifteen
Trinity
ith, any
ship.
Trinity
witnessi
d in any
>f arrest
without
in such
weeding
glecting
y House
linst any
without
and may
[strict of
ys.
Trinity
tribunal,
ti giving
e Trinity
sation for
ry person
3
appearing before it as witness, and the sum so
allowed shall form part of the cost in the suit.
LXXXIII. And be it enacted, That the Trinity
House of Quebec may in its discretion award costs
of suit against the plaintiff or defendant, or set them
off against the sum awarded, as it may think equi-
table.
LXXXrV. And be it enacted, That the Trinity
House of Quebec, when sitting as a judicial tribunal,
shall have like powers for the preservation of order
during its sittings with any other Court of Justice in
this Province.
LXXXV. And be it enacted, That every plaintiff
or defendant may appear and be heard before the
Trinity House of Quebec by counsel.
LXXXVI. And be it enacted, That the Master or
commander of any vessel ( including Transports em-
ployed in Her Majesty's service ) who shall leave
the port of Quebec, and who shall not have pro-
ceeded to the port of Montreal for a port situate
beyond the eastern limits of the Province, shall, over
and above all other sums payable under this Act, pay
to the Treasurer of the Trinity House of Quebec or
to any other person who may be appointed for that
purpose by the Governor, the sum of five pence for
every ton measurement of such vessel ; and the
Master or Commander of any vessel ( including
Transports employed in Her Majesty's service ) who
shall leave the port of Montreal or the port of Quebec
after having proceeded to the port of Montreal, for a
port situate beyond the eastern limits of the Province
shall pay to the Treasurer of the Trinity House of
Quebec or to any other person who may be appointed
for that purpose by the Governor, the sum of two
pence for every ton measurement of such vessel.
LXXXVII. And be it enacted. That the Collector
or other Officer of Her Majesty's Customs at the port
of Quebec, or the Collector or other Officer of Her
Majesty's Customs at the port of Montreal, as the
case may be, shall not grant a clearance outwards
from either port to any vessel for any port out of the
Province, unless the Master of such vessel shews him
28
II , i^
ll>^
:M
r:
,.ii^
a certificate from the Treasiuer of the Trinity House
of Quebec or from any other person duly appointed
to iihat effect by the Governor, proving that he has
paid the tonnage dues imposed by the eighty-sixth
Section of this Act, and the per centage on the pilo-
tage required by the fifty-eight and fifty-ninth Sec-
tions.
LXXXVIII. And be it enacted, That the person
appointed under this Act by the Governor to collect
the per centage or Pilots' contribution, and the ton-
nage duty, shall on the first of each month pay ovei
tlie amount by him received to the Treasurer of the
Trinity House of Quebec, delivering to him at the
iame time a detailed account of the monies collec-
ted.
LXXXIX. And be it enacted. That the master of
any vessel not requiring a clearance (as a transport
or other vessel in Her Majesty's service) who shall
leave the port of Quetjec for a port out of the Pro-
vince, without having paid to the Treasurer of the
Trinity House of Quebec or to the person appointed
by the Governor to receive the same, the tonnage
dues and per centage or contribution of the Pilot to
the Pilot Fund, shall incur a penalty not exceeding
twenty-five pounds.
XC. And be it enacted, That the master or owner
of any vessel employed in coasting within the li-
mits of this Province, and passing any light-house,
light, buoy, or other beacons under the control of
the Trinity House of Quebec shall, under a penalty
not exceeding ten pounds, take annually from the
Treasurer of the Trinity House of Quebec a license,
gmtis, in the form of the Schedule B, and shall pay
to the said Treasurer the sum of four pence for each
ton measurement of such vessel ; no such license
sliall be valid for more than one season of navigation,
and the Collector or other officer of Her Majesty's
Customs at the Port of Quebec, shall not grant a
cleamnce to any such vessel from the said port, unless
the master of the vessel shall produce such license
to him.
XCI. And be it enacted, That whenever the Tri-
29
nity House of Quebec shall desire to acquire any
land for the erection of light-houses or for other pur-
poses connected with the improvement of the river
St. Lawrence ; or whenever it shall be in possession
of lands not belonging to it, but required for its use,
and whenever in either case, an amicable arrange-
ment with the proprietor shal7. not take place, the
price to be paid for such land shall be determined
as follows : The Trinity House of Quebec and the
proprietor shall each appoint a disinterested arbitra-
tor, and the two arbitrators shall name a third also
disinterested ; the three arbitrators, after being sworn,
before one of the Judges of the Court of Queen's
Bench of the District of Quebec, to fulfil their duty
honestly and impartially, and having reciprocally
given notice of the time and place of their meeting,
shall determine the price to be paid by the Trinity
House of Quebec for such land, and their decision
shall be final.
XCII. And be it enacted, that if the proprietor of
the land shall, after having been notified by the Tri-
nity House of Quebec, refuse or neglect to appoint an
arbitrator to fix the price thereof, or if the two arbi-
trators appointed by the two parties interested, shall
not agree upon a third, one of the Judges of the
Court of Queen's Bench shall name an arbitrator for
the proprietor, or (as the case may be,) the third ar-
bitrator : in case of the death of an arbitrator, or his
refusal to act, the party who shall have appointed
him, or the judge as the case maybe, may appoint
another in his place ; and three arbitrators being
respectively sworn by one of the Judges of the Court
of Queen's Bench, shall decide finally on the price to
be paid by the Trinity House of Quebec for the
land.
XCni. And be it enacted. That when the arbitra-
tors shall have determined the price of any land, the
Trinity House of Quebec may take the same, and be-
come proprietor thereof, by paying the price so fixed,
either to the proprietor or into the hands of the Pro-
thonotaryof the Court of Queen's Bench for the Dis-
trict of Quebec, for the proprietor, and the price
c2
80
-i (
l^li
m
.'it:
-1/ .
I
agreed upon or awarded for any land taken or kept by
the Trinity House of Quebec shall be in the place
and stead of the land, and all claims to or upon the
land shall be converted into claims to or upon such
price, and if the Trinity House of Quebec have rea-
son to apprehend that any claim may exist to or upon
the price, on the part of any third party, it may pay
such price into the hands of the Prothonotary of the
Court of Queen's Bench for the District of Quebec,
fylingat the same iime a copy of the deed of pur-
chase or of the award, and the Court after having
caused due notice to be given for calling in all clai-
mants, shall make such order for the distribution of
the price and with regard to interest thereon and to
costs as to law may appertain.
XCIV. And be it enacted. That the Trinity House
of Quebec shall not pay any sum of money, either
for the purchase of a steamer or other vessel, or of
a new piece of land, or for the value of a piece of
land already occupied but not owned by it, without
the previous sanction of the Governor in Council ;
and such purchase money or indemnity shall be paid
out of the monies raised, and not specially appro-
priated by this Act, or out of any other sum of
monies appropriated generally for the improvement
of the River and Gulf of St. Lawrence.
XCV. Andbe it enacted, That any person running
foul of and damaging any buoy, or mooring any
vessel to any vessel placed in the river as a light
ship, or to any buoy belonging to the Trinity House
of Quebec shall, over and above the payment of the
expenses of replacing or repairing the same, incur a
penalty not exceeding ten pounds.
XCVI. And be it enacted. That the Trinity
House of Quebec, may borrow money to the amount
of ten thousand pounds including the amount which
msy have been borrowed under the Ordinance of the
Governor and Special Council of the Province of
Lower-Canada, passed in the fourth year of Her
Majesty's Reign, and intituled, " An Ordinance to
** authorize the Corporation of the Trinity House of
Quebec to borrow a certain sum of money, and for
ti
81
(I
other purposes relative to the said Corporation, "
which Ordinance is hereby repealed, without pre-
judice to any right thereby vested in ? lenders.
XCVII. And be it enacted, That every sum of
money borrowed under the said Ordinance or under
this Act, and the interest thereon, shall be paid out
of the funds of the Trinity House of Quebec, in pre-
ference to any other payment or charge whatsoever,
XCVIII. And be it enacted, That every person
^.nding any effect or thing in the River St.
Lawrence, or on the beach thereof, or in any part
of the rivers running into the same, within four days,
if the same be found within the Harbour of Quebec,
and within fifteen days if the same be found within
any other part of the port of Quebec, give notice
thereof to the Harbour-Master, under a penalty not
exceeding ten pounds, and shall give him a descrip-
tion of the thing found : If in the meantime the
master or owner claims the same, he shall pay to
the finder for his trouble, a fair remuneration, to be
fixed by the Trinity House of Quebec when the
parties cannot agree upon it.
XCIX. And be it enacted, That when any thing
found in the River St. Lawrence has not been
claimed, the Harbour-Master may advertise it
during four weeks in English and in French in two
or more newspapers published at Quebec, and if
within six months after such publication the same
be not claimed, the Harbour-Master shall sell the
same publicly, and after deducting the expenses of
advertising, sale or otherwise, two thirds of the
proceeds of the sale shall revert to the finder, and
the remaining third to the Trinity Horse of Quebec.
C. And be it enacted, That in no case shall a suit
be brought for contravention of this Act or of any By-
law of the Trinity House of Quebec after twelve
months from the date of such contravention.
CI. And be it enacted. That at any meeting of the
Trinity House of Quebec, all questions shall be
decided by the majority of the members present.
CII. And be it enacted. That the persons and
authorities required by this Act to administer as
it
ii.'
32
oath for any purpose are respectively empowered
to administer the same, and shall do so without
remuneration.
CIII. And be it enacted. That every person who
shall knowingly swear falsely in any case whereby
this Act an oath is authorized or required, shall be
deemed guilty of wilful and corrupt perjury and
punishable accordingly.
CIV. And be it enacted. That the Trinity House
of Quebec may purchase a steamboat or other vessel
for its use.
CV. And be it enacted. That all suits for penalties
before the Trinity House of Quebec may, except
where it is otherwise herein specially provided, be
brought in the name of the Harbour-masler or of any
other person.
CVI. Andbe it enacted. That all pecuuiary penal-
ties paid by Pilots, under this Act or under the By-
laws of the Trinity House of Quebec, shall form part
of the Pilot Fund, and those paid by others than
Pilots and not hereby otherwise appropriated, shall
form part of the Funds of the Trinity House of
Quebec.
CVn. And be it enacted, That in any suit wherein
the Harbour-Master is the prosecutor and the suc-
cessful party, he shall recover costs which shall go to
the funds of the Trinity House of Quebec, and when
he is unsuccessful, costs shall be awarded against him
and paid out of the sflid funds.
CVin. And be it enacted. That all monies col-
lected or borrowed by the Trinity House of Quebec
under this Act, and not hereby otherwise appro-
priated, shall tie employed by the Corporation in
improving the navigation of the River St. Lawrence,
or for any other purpose consistent with this Act.
CIX. And be it enacted, That the Trinity House
of Quebec shall publish yearly, in the month of
January, (in English in a Quebec newspaper
published m English, and in French in a Qi^ebec
newspaper published in French,) a geneml state-
ment of the monies received and paid which form
part of the Pilot Fund,«-the amount of pecuniary
88
penalties paid to this Fund) — the amount received
for per centage or contribution of Pilots,— the names
of persons receiving pensions and aid out of the said
Fund, — and the amount received by each.
ex. And be it enacted, That the Trinity House
of Quebec shall lay before the Legislative Assembly
of this Province within fifteen days after the opening
of each session, a detailed statement of all sums re-
ceived and paid, forming pait of the funds of the Cor-
poration, or of the Pilots' Fund.
CXI. And be it enacted that the Governor may
at any time and in any manner he may think proper,
require from the Trinity House of Quebec an account
of the monies received and paid by it.
CXII. And be it enacted, That every payment
made by the Treasurer of the Trinity House of Que-
bec, shall be made upon certificate of the Clerk of the
Corporation.
CXIII. And be it enacted. That the Treasurer ol
the Tiinity House of Quebec shall before entering on
the duties of his office, give security to Her Majesty
to such amount and in such manner as the Governor
in Council shall from time to time direct.
CXIV. And be it enacted, That the Harbour-
Master, the Assistant Harbour-Master, the Super-
intendents of Pilots, the Treasurer, the Clerk, the
Bailiff and the other officers and functionaries of the
Trinity House of Quebec, shall be subject to the
By-laws and orders of the Corporation, which shall
define their respective duties and powers.
CXV. And be it enacted, That the Clerk and the
Treasurer of the Trinity House of Quebec may in
case of sickness or of absence, appoint Deputies who
shall act in their place and shall have their powers
and duties, such Deputies being subject to the appro-
bation of the Trinity House of Quebec ; but the
Clerk and the Treasurer shall not in any case be
relieved from the responsability attached to their
respective offices.
CXVI. And be it enacted. That the members and
officers of the Trinity House of Quebec shall not
be liable to serve either as Jurors or as Assessors or
Constables.
Mi
8i
CXVII. And be it enacted, Tliat no Branch Pilot
ghall be liable to serve either as a Militia-man or
petit juror or constable.
CXVIII. And be it enacted, That all public
Kionies received and paid under this Act, shall be
{cconnted for to Her Majesty in such manner and
form as Her Majesty shall direct.
CXIX. And be it enacted. That the words
hereinafter mentioned, shall for the purposes of this
Act, be construed and shall mean as follows :
1st. The Master^ — The Deputy-Master, or as the
case may be, the Senior Warden, in all cases where
any thing is required to be done by the Master, and
generally where any officer is named his Deputy or
the person legally empowered t3 perform the duties
of his office, shall be included.
2nd. Vessel, — Any sailing vessel, steam vessel,
schooner or other vessel or craft.
3rd. Master of a vessel^ — The Captain, Master,
Commander, or other officer or person in charge of
such vessel.
4th. Oath, — An oath or an affirmation incases
where the law allows an affirmation in place of an
oath, wad. false swearing shall include false affirma-
tion.
CXX. And be it enacted, That this Act shall be
deemed a Public Act, and as such shall be judicially
noticed by all Judges, Justices of the Peace and
others.
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36
1^
Table II. — Table of Rates of Pilotage for
the Harbour of Quebec and below.
FROM
Any Wharf in the Harbour of
Quebec between Pointe-d'
Cards below, and Brehaut's
Wharf above^ both inclusive. .
Any place in the Harbour of
Quebec, not being a Wharf
within the above mentioned
limits
TO
To any other f
Wharf within -{
the said limits
Any other
place in the
said Harbour
not being a i
Wharf with
in the said li
mits ,
s. D.
U 8
23 4
SCHEDULE B.
Form of License,
This is to certify that
owner (or master or commander, as the case me be) of
the named the
has paid to the Treasurer of the Trinity House of
Quebec, the sum of being at the rate of
pence per ton, according to the register
of the said the and the said
the is, by virtue thereof, entitled to navigate
the River St. Lawrence, within the limits of this
Province, and to have the benefit of the Light-houses
which the said Corporation hath erected to facilitate
the navigation thereof, during the navigation season
of the year one thousand eight hundred and
Given in the City of Quebec, under the
hand of the Master of the Trinity
House of Quebec, and under the
seal cf the said Corporation, this
day of in
the year of Our Lord
and in the year of Her Majesty's
Reign.
[L. S.]
(Signature,)
Trinity House.
m
PAGES.
Preamble 3
I Clause repealing all previous acts and
ordinances relative to the T. H, Q., sec-
tions 1, 2, 3, 4., 5, 6, 7, 8, 9, Ii>, 11... * . ... 3 & 5
Acts repealed by previous acts repealed by
this act not revived, shttie clause sec-
tion 12. ... * i , w •. ... w i i .... i ....... . 5
Things done and rights acquired uAd^t
previous acts to remain V^Iid, 2d clause
1st. section......... .i... ••...... ^... 5& 6
Corporation heretofore existing to Cbntiiiue ;
have a seal ; may hold mov6ilble and iitj-
moveable propetty ; plead and be pltoded,
same c. sect. 2^ i.......^. 6
Present officers oontinuec, but thederk and
treasurer to be t^o sepai^t^ J>er^ons,
same c. sett, 3i. ,,..^,^,.,,*. 6
T. H. to consist of a Master, Depitty-M&s-
ter and seven Warden^, same c. 4 sfect.. . 6 & 7
Power of the Governor to appoint and re-
move the officer of the T. H. Q., same c.
sect. 9,,.iii%m^ii,.,,. 7
Days of meetings ; quorum ; president, C. 5 8 & 9
Cul-de-Sac still the property of the T. H.
Q.,C. 10.. ..•...•. .444. .i;. ......... 11
Existing By-laws continue! till repealed, c. 4 8
Power of the T. H. Q., to make By-laws and
objects of said By-laws, c. 6, sects* 1,2, 3,
4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 & 15. . . 9 & 10
Formalities to be accomplished before a new
By-law can be sanctioned by the Gover-
nor, c. 7 10
By-laws to be published before they take
effect ; printed in a pamphlet form ;
copies of said By-laws certified by the
clerk deemed authentic, c. 8 10'& 1 1
i
II
T. H. Q., may, by By-laws, impose penal-
ties not exceeding ilO for contravention
to its By-laws or orders, c. 9 11
liimtts.
Limits of the Port of Quebec, c. 11 11
Limits of the Harbour of Quebec, c. 12. . . . 11
Limits of the River St. Lawrence, c. 13.. 11 & 12
Apprentices.
Conditions on which aBranchmay.be ob-
tained, c. 15 12
Qualifications for obtaining a Branchy c. 2 1 . 13
Apprentices to explore the North Channel
at least twice a year, c.22. . . • ., 13
No one to become apprentice without the ,
permission of the T. H. Q. and the ,
master pilot to execute certain formalities
c. 33 15
Old apprentices subjected as regards their
qualifications, only to the by-laws in force
at the date of their indentures, c. 34. ... 15 & 16
T. H. to determine differences between pi- .
lots and their apprentices ; examine ap»
prentices from time to time and fine theii
master for neglect, c. 64 21
Power of the T. H. to oblige an incom-
petent apprentice to serve a certain time
above the period of his apprenticeship, c.
65 21 & 22
Power of the T. H., to examine pilotp under
oath respecting the apprenticeship of
their apprentices, c. 77 26
Power of the T. H. to examine under oath,
apprentices on their apprentiship,c. 78.. 26
T. H. may examine miasters of vessels in
which a pilot's apprentice has made one
or more voyages, c. 57. . • 26
Branch and Penalties*
Pilots having a Bmnch before this act keep ,
Ill
;22
the same, c. 16 ,. 12
Penalty of £50 on pilots not practising dur-
ing 2 consecutive years, c. 17 ,. 12
Pilots resigning his Branch not to pay the
penalty of £50, c. 18 12
Pilot's Branch, to be registered, c. 19 12
T. H. Q., may fix and receive fees in suits
and for delivering and registering pilots'
Branches, c. 20 12 & i;^
T. H. Q., may fine, suspend or dismiss a pi-
lot according to the gravity of the offence,
the pilot losing, damaging or delaying
considerably a vessel under his charge,
c. 23 13 & U
Pilot deprived of his Branch for drunkeness
may recover it on certain conditions, c. 25. H
Pilot deprived of his Branch for gross mis-
conduct may recover the same by under-
going a certain examination, c. 26 H
Pilot suspended not to be deemed a Branch
pilot,c. 27 , 14.
T. H. may impose a penalty on pilots, re-
fusing to board a vessel, c. 28s , . . 14^
Pilot dismissed, suspended or fined for
abandoning a vessel under his charge,
c. 29 15
Penalty on pilots not obeying the orders of
the Harbour-Masters, c. 31 15
Pilot not to have apprentices unless licenced
to that effect 15
Penalty on persons other than pilots piloting
vessels, c. 35 16
Pilot boat to carry a certain flag, also the
number of the owner on its sails and bow
and quarter, c. 46 IS
Penalty against the pilot concealing his
number on his boat or sails, c. 47 18
Description of the pilot endorsed upon his
Branch, c. 49 18
Pilot to carry his Branch with him, c. 50.. . IS
Pilot dismissed or suspended to deliver his
Branch to the clerk of the T. H., c. 51. . . 18 Sr. 19
IV
Pilot's Branch to be delivered to the clerk of
the T. H., after his death, o. 52 19
Pilot having right of appeal in certain cases,
c. 73 24.&25
Service of a summons upon a pilot, c. 75. .. 25
Complaints against pilots to be made within *
a certam time, c. 76 , , 25
Pilots not to be militiamen, petty jurors, or
constables, c. 117. 34*
Pilot not to receive his pilotage if the da-
mage be equal to, or exceed such pilot-
age, c. 24 14
The master of a boat directing the course of
a vessel having a right to the pilotage
c. 36 16
Rates of pilotage, (vschedule A.) and pe-
nalty on the pilot receiving less than the
legal pilotage, c. 37 16
Pilots to remain 48 houis on board of vessels
after their arrival ; paid in certain cases ;
paid if retained after the 48 hours, c. 38. 16
Pilot saving a vessel in distress intitled to a
lemuneration, c. 42 17
Pilot having right to a pilotage and a half
for vessels damaged brought back to Que-
bec, c. 43...... ., 17
Pilot entitled to 15 shillings for each day of
detention at quarantine station, c. 44 17
Pilot carried out to sea without his con-
sent, c. 45 17 & 18
Table of rates of pilotage (schedule A.). ... 35 & 36
JPIliOTS' FlJIfp.
Contributions^ pensions^ ^c.
Pilots' fund, c. 56 19 & 20
Contribution of the pilot to the Pilot's fund,
C.57 20
Pilot piloting a Queen's ship to pay the con-
tribution to the treasurer of the T. H., c.
59 20
k25
IS
36
20
V
Pensions to decayed pilots, their widows and
children, C.61 20 Ac21
Pilots over 60 years, c. 62 21
Moneys belonging to the pilot's fund to be
invested, c. 63 21
illesters of ITessels^ &c.
Master promising a vessel to a pilot, c. 30. 15
Penalty for employing other than a Branch
pilot, c. 35 16
Penalty against the master offering less t!mn
the legal rate of pilotage, c. 37 16
Differences respecting the draft of water to
be decided by the T. H., c, 40 16 & 17
Draft and tonnage to be given to the Har-
bour-Master, c. 41 17
Owner of a boat other than a Branch pilot,
carrying the pilot's flag, c. 4S 18
The master to require of the pilot the exhi-
bition of his Branch, c. 60 18
Master of a vessel to take a pilot down-
wards, c. 53 19
Master of a vessel coming from an out sea-
port to hoist the Union Jack, c. 54 19
Vessels coming in sight of a pilot boat to
lie-to, c. 55 19
Appeal given to persons not being pilots, c.74 25
Penalty for running foul of or damaging
buoys, c. 95 30
Time for right ofsueing limited, c. 100, ... 31
Ballast Ctronnd.
Certain vessels may proceed at once to bal-
last ground 16
Tonnage and other dues.
Master of a vessel not belonging to Her Ma-
jesty, to pay to the Treasurer of the T. H.
the pilot's contdbution, c. 58 20
Tonnage duty on sea going vessels, c. 84. . 27
Clearance outwards not to be granted until
dues are paid, c. 87 27 & 28
N
VI
Vessels not requiring clearance, to pay the
tonnage duty and pilot's contribution un-
der a certain penalty, c. 89 28
Every coasting vessel to take a license and
to pay a duty, c. 90 28
Form of license (schedule B.) 36
Salvage allowed in certain cases, c. 98.... 31
JTsidiclal powers of the T. H. and sutts before It.
T. H. to determine claims for pilotage, dec,
c. 66, sect. 1 22
T. H. to determine complaints against pilots
for negligence or misconduct ; for contra-
vention of this act or by-laws of T. H.
same c. sect. 2. • • 22
T. H. to determine complaints for contraven-
tion of this act, or by-laws, or orders of
the T. H. same c. sect. 3 22
How to bring writs before theT. H. c. 67. 22
Territorial limits of the jurisdiction of the
T.H.c.68 22&23
How judgment of the T. H. to be executed,
c.69 23
Judgments of the T. H. Q. may be executed
in the districts of Montreal or Three-Ri.
vers, c. 70 23
How to execute warrants of arrest, c. 71,. 24
Notice to be given before a sale takes place
nnder a writ of the T. H. c. 72 24
Power of the T. H. to summon witnesses,
c. 79 26
" to commit witnesses, c. 80 26
" to swere witnesses, c. 81 26
<' to allow compensation to witnesses c.82 26 & 27
<• to award costs, &;c. c. 83. 27
« to preserve order, c. 84 27
Pnuies may appear by counsel, c. 85 27
?'iajority of the members of the T. H. to
decide, c. 101 31
False swearing punished, c. 103 ....,.,. 32
VII
others powers and duties of the T. 11 .
How the T. H. shall proceed to take lands
for its use, c. 91 , . 28 & 29
A judge of the Court of Queen's Bench to ap-
point an arbitrator in certain cases, c. 92. 29
T. H. may take the land after the aibitration
on depositing the price awarded, c. 93. . . 29 & 30
T. H. not to purchase land or vessels with-
out the consent of the gov. general, c. 94 30
T. H. may borrow money, c. 96 30 & 31
Loans made by the T. H. to have a prefe-
rence over other payments or charges,
c.97 3
T. H. may buy a steamer, c. 104 32
Penalties how appropriated, c. 106 32
How to employ moneys borrowed and col-
lected and not otherwise appropriated,
c. 108 32
T. H. to publish a yearly account of the pi-
lot's fund,c. 109 32&33
T. H. to lay statements of receits and pay-
ments yearly before the legislature, c. 110 33
The Governor may require accounts from
the T. H. at any time, c. Ill 33
Officers of the T* H. and duties of the same.
Oaths to be administered free by the compe-
tent authorities c. 102. . • • 32
Salaries of the officers fixed, c. 3, sects. 1 & 2 7 & 8
Interpretation clartse, c. 119 34*
No member of the T. H. Q., to contract
with the said body, same c. sect. 5 7
Officers of the T. H. Q., to take oath before
enterringon their duties of office, c. 14>.. 12
Officers of the T. H. to be subjected to its
orders, c. 114* 33
Officers of the T. II not to serve as jurors,
assessors or constables, c. 1 16 33
Two superintendants of pilots, one of which
a Warden, same c. sect. 6 7
The Master of the T. H. Q., ex officio prin-
VJTl
cjpalof the said body, same c. sect. 7 7
Superintendents of pilots to pay tho pilot's
contributionr and share in tne pilot fund,
c. 60 20
A Harbour-Master and an Assistant-Har-
bour-Master, same c. sect. 8 1^
Harbour- Master to advertise when things
are found in the River, c. 99. 31
Harbour-Master to recover costs when pro-
secutor and successful, and his costs to be
paid by the T. H. when looser, c. 107. . . 32
Harbour-Master to prosecute pilots loosing,
damaging or delaying vessels, c. 23 13 & M<
Writs for penalties generally to be brought,
the Harbour Master c. 105 32
Treasurer to make payments upon the cer-
tiiicate of the clerK, c. 11^ «... 33
Treasurer to give security, c. 113 33
Clerk and treasurer may appoint deputies,
C.115 33
Persons appointed by the governor to col-
lect the pilots' contribution and tonnage
due to pay over the same to the treasurer
of the T. H. c. 88 28
Moneys received and paid under this act are
accountable, for to Her Majesty, c. 118.. 34
Interpretation clause, e. 119. 34*
This act deemed a public cfct, c. 120. ..... .34*
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