27 & 28 Vict. c. 13; and Act Legislature of the late Province of Canada, passed in the session thereof held in the twenty-seventh and twenty-eighth years of Her Act of Canada, Majesty's reign, chapter thirteen, intituled "An Act to Amend the Law respecting the Navigation of Canadian Waters," and the Act of the Legislature of the Province of New Brunswick, passed in the session held in the twenty-first year of Her Majesty's reign, chapter thirteen, intituled "An Act to compel vessels navigating the Bay of Fundy to carry Lights," shall be repealed, except only as regards offences committed or liabilities incurred under either of the said Acts before the said day, with respect to which, and to all proceedings relating to which, the said Act shall remain in force; and every enactment or provision in any other Act or law in force in any part of Canada before the coming into force of this Act, inconsistent with this Act, or making any provision for any matter provided for by this Act other than such as is hereby made shall also be repealed on and after the said day. And all other laws inconsistent with this Act. Certain rules to apply after 1st Sept. 1868. Construction of rules. What lights shall be carried. By steamships under weigh; At foremast head. On the starboard side. REGULATIONS FOR PREVENTING COLLISIONS. 2. And with respect to lights, fog signals, steering and sailing, and rafts, the following rules shall, on and after the day last aforesaid, apply to all the rivers, lakes, and other navigable waters whatsoever within this Dominion, or within the jurisdiction of the Parliament thereof; that is to say: Preliminary. Art. 1. In the following rules every steamship which is under sail and not under steam is to be considered a sailing ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam. Rules concerning Lights. Art. 2. The lights mentioned in the following articles, numbered three, four, five, six, seven, eight, and nine, and no others, shall be carried in all weathers, from sunset to sunrise. Art. 3. Steamships when under weigh shall carry : as to show a uniform and unbroken light over an arc of the (b.) On the starboard side, a green light so constructed as to show a uniform and unbroken light over an arc of the horizon of ten points of the compass; so fixed as to throw the light from right ahead to two points abaft the beam on the star- (c.) On the port side, a red light so constructed as to show a On port side. uniform and unbroken light over an arc of the horizon of ten points of the compass; so fixed as to throw the light from a clear atmosphere, at a distance of at least two miles : (d.) The said green and red side lights shall be fitted with in- How fitted. board screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the Art. 4. Steamships when towing other ships or rafts, shall carry By steamships two bright white mast-head lights vertically, in addition to their side towing. lights, so as to distinguish them from other steamships; each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steamships are required to carry. Art. 5. Sailing ships under weigh or being towed, shall carry the same lights as steamships under weigh, with the exception of the white mast-head lights, which they shall never carry. Art. 6. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides, in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. By sailing ships in motion. By small ves sels in bad weather. (a.) To make the use of these portable lights more certain and Lanterns to be easy, the lanterns containing them shall each be painted painted outoutside with the colour of the light they respectively contain, and shall be provided with suitable screens. side. Art. 7. Ships, whether steamships or sailing ships, when at anchor By ships at in roadsteads or fairways, shall exhibit, where it can best be seen, anchor. but at a height not exceeding twenty feet above the hull, a white light, in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform and unbroken light visible all round the horizon, and at a distance of at least one mile. Art. 8. Sailing pilot vessels shall not carry the lights required for By pilot vessels. other sailing vessels, but shall carry a white light at the mast-head, visible all round the horizon,—and shall also exhibit a flare-up light every fifteen minutes. Art. 9. Open fishing boats and other open boats shall not be By open fishing and other open required to carry the side lights required for other vessels, but boats. When at anchor. Flare-up lights. Fog signals. Sailing ships meeting. Sailing ships crossing. Steamships meeting. Steamships crossing. Sailing and steamships. shall, if they do not carry such lights, carry a lantern having a green slide on the one side and a red slide on the other side; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that the green light shall not be seen on the port side, nor the red light on the starboard side. (a.) Fishing vessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light. (b.) Fishing vessels and open boats shall, however, not be prevented from using a flare-up in addition, if considered expedient. Rules concerning Fog Signals. Art. 10. Whenever there is fog, whether by day or night, the fog signals described below shall be carried and used, and shall be sounded at least every five minutes, viz. :— (a.) Steamships under weigh shall use a steam whistle placed (c.) Steamships and sailing ships, when not under weigh, shall use a bell. Steering and Sailing Rules. Art. 11. If two sailing ships are meeting end on or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. Art. 12. When two sailing ships are crossing so as to involve risk of collision, then if they have the wind on different sides, the ship with the wind on the port side shall keep out of the way of the ship with the wind on the starboard side; except in the case in which the ship with the wind on the port side is close hauled and the other ship free, in which case the latter ship shall keep out of the way; but if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship which is to leeward. Art. 13. If two ships under steam are meeting end on or nearly end on, so as to involve risk of collision, the helms of both shall be put to port, so that each may pass on the port side of the other. Art. 14. If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other. Art. 15. If two ships, one of which is a sailing ship, and the other a steamship, are proceeding in such directions as to involve risk of collision, the steamship shall keep out of the way of the sailing ship. nearing an Art. 16. Every steamship, when approaching another ship so as Steamship to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse; and every steamship shall, when in a fog, go at a moderate speed.* other vessel. Art. 17. Every vessel overtaking any other vessel shall keep out Vessel overtakof the way of the said last-mentioned vessel. Art. 18. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications contained in the following article. Art. 19. In obeying and construing these rules, due regard must be had to all dangers of navigation; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.+ any Art. 20. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case. Rafts and Harbour of Sorel. ing another. Ship keeping out of the way. Regard to dangers of naviga tion. Rules not to excuse neglect. Art. 21. Rafts while drifting or at anchor on any navigable water Rules for rafts. shall have a bright fire kept burning thereon from sunset to sunrise, Whenever any raft is going in the same direction as another which is ahead, the one shall not be so navigated as to come within twenty yards of the other; and every vessel meeting or overtaking a raft shall keep out of the way thereof. (a.) Rafts shall be so navigated and anchored as not to cause any unnecessary impediment or obstruction to vessels navigating the same waters. Art. 22. Unless it is otherwise ordered by the Trinity House of Harbour of Montreal, ships and vessels entering or leaving the Harbour of Sorel Sorel. shall take the port side, anything in the preceding articles to the contrary notwithstanding. Art. 23. The rules of navigation contained in articles twenty-one Articles 21 and and twenty-two shall be subject to the provisions contained in 22 to apply. articles nineteen and twenty. Interpretation, Penalties, &c. 3. In this Act the word "vessel includes every description of Interpretation. vessel used in navigation,-the word "ship" includes every descrip *Only applies when there is a continuous approaching of two steamships. The Jesmond and The Earl of Elgin, 8 Moore's P. C. R. 179. + See The Moderation, 1 Moore's P. C. R. 534 (New Series); The David Cannon, 9th March, 1865. Local rules and by-laws. Rules pre scribed by this Act to be obeyed. Collisions from of rules. tion of vessel not propelled by oars,-the expression "steamship" includes every vessel propelled wholly or in part by steam or by any machinery or motive power other than sails or oars,—and the expression "ordinary practice of seamen," as applied to any case, includes the ordinary practice of skilful and careful persons engaged in navigating the waters of this Dominion in like cases, and the word "owner" includes the lessee or charterer of any vessel having the control of the navigation thereof. 4. No Trinity House rule or by-law, or other local rule or by-law, inconsistent with this Act, shall be of any force or effect; but so far as it is not inconsistent with this Act, any such rule or by-law made by any Trinity House or other competent local authority, shall be of full force and effect within the locality to which it applies. 5. All owners, masters, and persons in charge of any ship, vessel, or raft, shall obey the rules prescribed by this Act, and shall not carry and exhibit any other lights nor use any other fog signals than such as are required by the said rules; and in case of wilful default, such master or person in charge, or such owner, if it appears that he was in fault, shall, for each occasion in which any of the said rules is infringed, incur a penalty not exceeding two hundred dollars nor less than twenty dollars. 6. If in any case of collision it appears to the Court before which non-observance the case is tried, that such collision was occasioned by the nonobservance of any of the rules prescribed by this Act, the vessel by which such rules have been infringed shall be deemed to be in fault; and the owner of such vessel shall not be entitled to recover any recompense whatever for any damage sustained by such vessel in such collision, unless it can be shown to the satisfaction of the Court that the circumstances of the case rendered a departure from the said rules necessary. As to damage by non-observance of rules. Recovery of penalties. 7. In case any damage to person or property arises from the nonobservance by any vessel or raft of any of the rules prescribed by this Act, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of such raft, or of the deck of such vessel at the time, unless the contrary be proved, or it be shown to the satisfaction of the Court that the circumstances of the case rendered a departure from the said rules necessary; and the owner of the vessel or raft, in all civil proceedings, and the master or person in charge as aforesaid, or the owner if it appears that he was in fault, in all proceedings, civil or criminal, shall be subject to the legal consequences of such default. 8. Except as herein before provided, all penalties incurred under this Act may be recovered in the name of Her Majesty, by any Inspector of Steamboats, or by any party aggrieved by any act, neglect or wilful omission by which the penalty is incurred, before any two Justices of the Peace on the evidence of one credible witness; and |