By open fishing and other

open boats.

When at anchor.

Flare-up lights.

Fog signals.

Sailing ships meeting.

Sailing ships crossing.

Steamships meeting.

Art. 9. Open fishing boats and other open boats shall not be required to carry the side lights required for other vessels, but 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.

Fishing vessels and open boats when at anchor, or attached to their nets and stationary, shall exhibit a bright white light.

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 before the funnel, not less than eight feet from the deck; (b.) Sailing ships under weigh shall use a fog horn;

(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 vessel 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.

Art. 14. If two ships under steam are crossing so as to Steamships involve risk of collision, the ship which has the other on her crossing. 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 Sailing and the other a steamship, are proceeding in such directions as to steamships. involve risk of collision, the steamship shall keep out of the way of the sailing ship.

Art. 16. Every steamship, when approaching another ship Steamships so as to involve risk of collision, shall slacken her speed, or, if nearing annecessary, stop and reverse; and every steam ship shall, when other vessel. in a fog, go at a moderate speed ;

Art. 17. Every vessel overtaking any other vessel shall Vessel overkeep out of the way of the said last mentioned vessel. taking another.

Art. 18. Where by the above rules one of two ships is to Ship keeping keep out of the way, the other shall keep her course, subject out of the to the qualifications contained in the following article.

way.

Art. 19. In obeying and construing these rules, due regard Regard to must be had to al dangers of navigation; and due regard dangers of must also be had to any special circumstances which navigation. exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.

may

Art. 20. Nothing in these rules shall exonerate any ship, or Rules not to the owner, or master, or crew thereof, from the consequences excuse neof any neglect to carry lights or signals, or of any neglect to glect. 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.

Art. 21. Rafts while drifting or at anchor on any navigable Rules for water shall have a bright fire kept burning thereon from sunset rafts. 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.

Rafts shall be so navigated and anchored as to cause no unnecessary impediment or obstruction to vessels navigating the same waters.

Art. 22. Unless it is otherwise ordered by the Trinity House Harbor of of Montreal, ships and vessels entering or leaving the harbour Surl. of Sorel shall take the port side, anything in the preceding articles to the contrary notwithstanding;

Art.

Articles 21, 22 to apply.

Interpretation.

Local rules

Art. 23. The rules of navigation contained in articles twentyone and twenty-two shall be subject to the provisions contained in articles nineteen and twenty.

INTERPRETATION, PENALTIES, &c.

3. In this Act the word "vessel " includes every description of vessel used in navigation, the word "ship" includes every description 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 inland waters of this Province 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 or other local rule or by-law, inconand by-laws. sistent 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.

Rules prescribed by

obeyed.

5. All owners, masters and persons in charge of any ship, this Act to be vessel or raft, shall obey the rules prescribed by this Act, and shall carry and exhibit no other lights and use no 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 such rules are infringed, incur a penalty not exceeding two hundred dollars nor less than twenty dollars,

Collision from non-obser

6. If in any case of collision it appears to the Court before which the case is tried, that such collision was occasioned by vance of rules. the non-observance 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

vance of rules.

7. In case any damage to person or property arises from the by non-ob er non-observance 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

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 hereinbefore provided, all penalties incurred Recovery of under this Act, may be recovered in the name of Her Majesty, penalties. 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 in default of payment of such penalty such justices may commit the offender to gaol for any period not exceeding three months; and except as hereinafter provided, all penalties recovered under this Act shall be paid over to the Receiver General, and shall be by him placed at the credit of, and shall form part of "The Steamboat Inspection Fund;" except always, that all penalties incurred for any offence Exception. against this Act, shall, if such offence be committed within the jurisdiction of the Trinity House of Quebec, or of the Trinity House of Montreal, be sued for, recovered, enforced or applied in like manner as penalties imposed for contravention of the by-laws of the Trinity House within whose jurisdiction the offence is committed.

see that steam

Con. Stat.

9. Every inspector of steamboats shall, whenever he visits Inspector of and inspects any steamship, examine whether such steamship steamboats to is properly provided with lights and with the means of making ships have fog signals in pursuance of the rules prescribed by this Act, proper lights, and shall, for that purpose, have all the power, vested in him &c. by the Act respecting the inspection of steamboats, and for the Canada, c. 45. greater safety of passengers by them, for obtaining information as to the observance of the requirements of the said Act, and shall refuse to grant any certificate with respect to any steamship which he finds to be not so provided, and shall report such steamship as unsafe to the Governor in Council, who shall, on *such report, have all the powers mentioned in section twentyseven of the said Act; and any Order in Council made on such report shall have the effect and be enforced in the manner provided by the said section.

10. Wenever foreign ships are within Canadian waters, Foreign ships the rules for preventing collision prescribed by this Act, and in Canadian all provisions of this Act relating to the said rules, or otherwise waters, relating to collisions, shall apply to such foreign ships; and in any cases arising in any Court of justice in Canada concerning matters happening within Canadian waters, foreign ships shall, so far as regards such rules and provisions, be treated as if they were British or Canadian ships.

Obligation of masters of vessels to as

collision.

DUTY OF MASTERS, LIABILITY OF OWNERS, AS TO COLLISIONS.

11. In every case of collision between two ships, it shall be the duty of the person in charge of each ship, if and so far as sist in case of he can do so without danger to his own ship and crew, to render to the other ship, her master, crew and passengers (if any) such assistance as may be practicable and as may be necessary in order to save them from any danger caused by such collision; in case he fails so to do, and no reasonable excuse for such failure is shown, the collision shall, in the absence of proof to the contrary, be deemed to have been caused by his wrongful act, neglect or default.

Liability of 12. The owners of any ship, whether Canadian, British or owners limit- foreign, shall not, in cases where all or any of the following Collision with- events occur without their actual fault or privity, that is to say:

ed in case of

out their

fault.

Extreme

amount recoverable.

Tonnage, how calculated in

such case.

The same.

(1.) Where any loss of life or personal injury is caused to any person being carried in such ship;

(2.) Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board any such ship;

(3.) Where any loss of life or personal injury is by reason of the improper navigation of such ship as aforesaid caused to any person in any other ship or boat;

(4.) Where any loss or damage is by reason of the improper navigation of such ship as aforesaid caused to any other ship or boat, or to any goods, merchandize or other things whatsoever on board any other ship or boat;

be answerable in damages in respect of loss of life or personal injury, either alone or together with loss or damage to ships, boats, goods, merchandize or other things, whether there be in addition loss of life or personal injury or not, to an aggregate amount exceeding thirty-eight dollars and ninety-two cents for each ton of the ship's tonnage; such tonnage to be the registered tonnage in the case of sailing ships, and in the case of steamships the gross tonnage without deduction on account of engine

room:

In the case of any British or Canadian ship, such tonnage shall be the registered or gross tonnage according to the British or Canadian law, and in the case of a foreign ship which has been or can be measured according to Canadian law, the tonnage as ascertained by such measurement shall, for the purposes of this section, be deemed to be the tonnage of such ship:

In the case of any foreign ship which has not been and cannot be measured according to Canadian law, the collector of customs at the Port of Quebec shall, on receiving from or by

direction