120 and 121, is punished with a fine of 20 fr. at least, and of 120 fr. at most. The same penalty is applicable to every tug-steamer who shall undertake, below Isaktcha, an operation for which the power of her engines is insufficient. 142. Offences against the provisions of Article 113 are punished with a fine of 10 fr. at least, and of 30 fr. at most. Offences against either of the provisions of Articles 117 and 119 are punished with a fine of 20 fr. at least, and of 60 fr. at most. And for offences against Article 118 the fine will be of 40 fr. at least, and of 120 fr. at most. 143. The provisions of Article 140 above, as regards the recovery of fines incurred, apply equally to tug-steamers on board of which offences have been committed. § 7. Special Offences against the Provisions of Part VII. 144. Every offence against the provisions of Articles 122, 123, and 124, is punished with a fine of 50 fr. at least, and of 500 fr. at most. 145. When an offence committed against the provisions of the said Articles 122, 123, and 124, or an offence provided for and punished by Articles 129 or 130, is accompanied or followed by any injury or damage whatsoever, occasioned by the offending vessel, float of timber, or raft, to the works of the European Commission, or of the authority succeeding it, to its floating plant, or to any other of its properties, the fiue incurred by the offender is of 250 fr. at least, and of 2,500 fr. at most. § 8. Abusive Language and Assaults. 146. Every instance of abusive language or menace against the agents charged with the Police of the Navigation, or with the collection of the taxes levied at the Sulina Mouth, while acting in the performance of their duties, as also abusive language or contempt of the authority from which the said agents hold their power, is punished with a fine of 10 fr. at least, and of 50 fr. at most. In case of violence or assault committed upon the person of an agent of the police, or of the collectors of the taxes, when in the performance of their duties, the maximum of the fine may be raised to 300 fr. Chapter II.-Rules for the Infliction of Fines. 147. Offences occasioned by circumstances over which the offender has no control are not liable to fines. 148. The maximum of a fine can be doubled in case of a repetition of the offence. A repetition of the offence shall be considered to have been committed by a captain of a sea-going vessel when the two offences shall have been committed in one voyage, that is, without the vessel having quitted the Danube in the interval. For masters of lighters, captains of tug-steamers, and pilots, there is a repetition of an offence when it is committed a second time in the space of one year. For conductors of rafts and floats of timber there is a repetition of an offence against the provisions of Article 60 when two or more rafts or floats of timber belonging to the said owner or seller, and of which the dimensions are greater than those prescribed by the said Article, are found navigating in the Sulina Branch without being in tow of a steamer, between the 1st January and the 31st December of the same year. As regards Article 62, there is a repetition of an offence when it has been committed on board the same raft or float of timber during two or more nights in the course of the same voyage. 149. Independently of fines to which they are sentenced, offenders may be prosecuted in the competent Courts for the recovery of the damages to which they are civilly liable. 150. Captains are personally responsible for the offences committed by their crews. 151. The Inspector-General of the Navigation, and the Captain of the Port of Sulina, take cognizance of the offences committed within the bounds of their several jurisdictions against the provisions of the present Regulation, and pronounce in the first instance the infliction of the fines incurred by reason of these offences. The notification of their sentence is made at Sulina, in the Chancellery of the Consular or Local Authority to which the party sentenced is amenable, if the offence has been committed during the down-voyage. It is made to the same authority in the port the vessel is bound to, when the offence has been committed during the voyage up-stream. It can also be validly made to the person. 152. The amount of the fine is paid into the hands of the Director of the Navigation Chest at Sulina, and, in the case of seagoing vessels, the fines in all cases must be paid before the navigation dues, of which the payment is made when the vessel is about to leave the river. 153. Appeals against the sentences of conviction must be carried, within three months from the date of notification, either before the European Commission, or the authority succeeding it, or before the Mixed Tribunal which may eventually be instituted to this effect. In case of appeal, the amount of the fine is consigned provisionally to the Navigation Chest, and remains there as a deposit until the case has been settled. The judgment rendered on the appeal is final, and can be the object of no further proceedings whatever. An appeal will not be received after the expiration of three months from the date of notification; and the amount of the fine then remains forfeited to the Navigation Chest. 154. The present March, 1876. Final Provisions. Regulation will enter in force on the 1st From the same day forward the Regulation of Navigation and Police, dated the 8th November, 1870,* will cease to have force of law. 155. The present Regulation may be modified, according to need, by the European Commission or by the International Authority which shall be substituted for it in virtue of Artiele XVII of the Treaty of Paris. Done at Galatz, the 10th day of November, 1875. DE PFUEL. C. DURANDO. J. ZINOVIEW, (V.)-Public Act relating to the Navigation of the Mouths of the Danube.t (ANNEX B.)-TARIFF OF NAVIGATION DUES TO BE LEVIED AT THE MOUTH OF SULINA.‡ . THE European Commission of the Danube, Whereas Article XVI of the Treaty of Paris of the 30th March, 1856,§ provides that the expenses of the works carried out for freeing the Mouths of the Danube and the neighbouring parts of the sea from the obstacles which obstructed them, and those of the establishments intended to render the navigation sure and easy, shall be covered by levying fixed dues enacted by the Commission: Whereas a Tariff was enacted the 2nd November, 1865, to fix the * Vol. LXII. Page 540. + November 2, 1865. Vol. LV. Page 93. This Tariff, drawn up in accordance with the quinquennial revision prescribed by Article 15 of the Public Act, is substituted for the Tariff of the 9th November, 1870, annexed under letter B to the said Act. (Art. 13.) § Vol. XLVI. Page 8. amount of these dues in the form annexed to the Public Act relating to the Navigation of the Mouths of the Danube, signed at Galatz the same day, and ratified in the sitting of the Conference of Paris of the 28th March, 1866 :* Whereas provisions modifying the dues of steam-vessels were enacted by the Commission on the 26th April, 1867:† Whereas Article XV of the Public Act hereinabove cited provides that at the expiration of every term of five years, and with the view of diminishing, if possible, the charges laid upon the navigation, a revision of the said Tariff shall be made, and the amount of the dues shall be reduced as much as possible, always preserving, however, the mean revenue judged necessary : Whereas the necessity of providing for the amortization of the loan contracted to cover the expenses of the definitive works, of the foreseen prolongation of the piers at Sulina, and of other extraordinary works, as well as for the repayment of the sums advanced by the Government of His Majesty the Sultan for the first wants of the Commission, does not yet permit of a general reduction being effected in the rate of the navigation dues : Enacts the Tariff of which the following are the provisions: ART. 1. Every sailing-vessel measuring more than 30 tons, leaving the Port of Sulina to put to sea, and which carries, according to its bills of lading, or its manifest, a cargo equivalent to more than the third part of its tonnage, pays, per ton, a fixed navigation due, the amount of which is determined hereinafter, according to the total tonnage of the vessel and the depth of the channel at the mouth of the Sulina Branch. * Vol. LVI. Page 624. + Vol. LVIII. Page 527. |