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On vessels from three hundred to three hundred and fifty tons, thirteen dollars and thirty-five cents.

On vessels from three hundred and fifty to four hundred tons, sixteen dollars.

On vessels from four hundred to five hundred tons, eighteen dollars and seventy cents.

On vessels from five hundred to six hundred tons, twenty-one dollars and thirty-five cents.

On vessels from six hundred to seven hundred tons, twenty-four dollars.

On vessels from seven hundred to eight hundred tons, twenty-six dollars and seventy cents.

Over that size, for every one hundred tons additional, one dollar and thirty-five cents; and on no sailing vessel is the pilotage to exceed thirty-two dollars.

Steamers shall pay pilotage on their net tonnage at the same rate per ton as sailing vessels.

Steamers employed in the fisheries of the colony shall be exempt, except on foreign voyages.

Coastal steamers shall also be exempt.

Subsidized mail steamers, in connection with the colony, shall pay on the horse-power at the rate of eight cents for each horse-power. No steamer shall pay more than forty-eight dollars at one time. All coasting vessels, which may take pilots, to pay one-half of the above rates of pilotage, in proportion to their tonnage. The above scale of pilotage shall be payable on the register tonnage of all such vessels, as ascertained before going out of the harbor.

Her Majesty's vessels, under sixth rate, fourteen dollars.

Her Majesty's vessels, of the fourth, fifth, and sixth rate, twentysix dollars.

Her Majesty's vessels, of the first, second, and third rate, thirtyfour dollars.

9. Every vessel and steamer obliged to take or pay a pilot shall show either her house-flag, Board of Trade signal, or national flag, before entering the narrows, and in case any vessel or steamer shall enter the narrows without a pilot, and without having shown such house flag, Board of Trade signal, or national flag, such vessel or steamer shall be subject to the usual pilotage rates.

10. No sailing vessel owned or registered in this colony shall be compelled to pay pilotage more than once within a period of thirty days.

11. Every licensed pilot shall carry such a flag and have his boat so marked and rigged as shall be directed by the commissioners, under a penalty of twelve dollars; and every unlicensed pilot carrying such flag and having his boat so marked and rigged, shall be

liable to a penalty of twelve dollars.

723 12. No licensed pilot shall be taken to sea against his will under a penalty of two hundred dollars on the master of the vessel, except when through stress of weather the same is unavoidable, in which case he shall be entitled to receive from the master or owner of the vessel payment at the rate of sixteen dollars and eighty cents a month for all the time lost, besides the usual meat, drink, and a passage home from the first port the ship shall enter where the same can be obtained.

13. Any person taking charge of any vessel as pilot, and not being licensed, shall give up the guidance of the said vessel to the first licensed pilot who shall board such vessel to the eastward of Small Point, under a penalty of eight dollars.

14. All ships and vessels shall be obliged to take or pay a pilot, except Her Majesty's ships, vessels belonging to a royal yacht club, coasting vessels, and vessels which have not been boarded, hailed or spoken until after they have entered the Narrows; and no vessel shall be deemed to be a coasting vessel and exempt from the liability of taking a pilot unless such vessel shall have been usually employed as a bona fide coaster, or if such vessel shall have on board any part of a cargo imported in such vessel from any port or place out of this colony, or if such vessel shall be going to any place out of this colony or to any outport to load a cargo for any foreign market: Provided that when, in consequence of stormy weather, extreme danger would arise to any boat going outside the Narrows, the commissioners may award pilotage to any pilot who shall in such case have offered his services within the Narrows and have been rejected. For the purposes of this chapter the entrance to the Narrows shall be defined by à line drawn from the Northern Head to the Southern Head at the entrance of this port.

15. Nothing herein contained shall deprive any person who may act as a pilot in the absence of licensed pilots, from receiving payment for his services according to the said table of rates, or to relieve any licensed or other pilot from his responsibility to answer for the amount of any loss sustained through his improper conduct in a civil action at the suit of the party injured.

16. The commissioners may hear and determine all claims for pilotage, salvage of anchors and cables, and remuneration for extraordinary services in which pilots are concerned under the like forms and proceedings used in the Sessions Court of St. John's for the recovery of small debts; and the amount of such commissioners' judgment and the costs incident thereto to be taxed according to the Sessions Court scale, shall be levied on the goods and chattels of the party against whom such judgment is given, or on the vessel (except Her Majesty's ships) on account of which such claim may have arisen.

17. All penalties imposed by the foregoing sections of this chapter, or hereafter to be imposed by any bye-law made by virtue thereof, may be sued for and recovered before a stipendiary Magistrate or any two of Her Majesty's Justices for the district of St. John's, and shall be levied, with costs, by warrant of distress of such stipendiary Magistrate or Justices on the goods of the offender; and for want of goods, such Magistrate or Justices shall order such offender to be imprisoned for a term not exceeding one day for every dollar in the said penalties, or until such penalties shall be paid, and one-third of such penalties shall go to the use of the person sueing for the same, and the remainder together with the fees received for certificates, shall form a fund in the hands of the commissioners to defray the salary of the Secretary and other contingent expenses attending the execution of the provisions of this chapter, and the surplus of such fund, if any, shall be appropriated by them for the benefit of infirm and disabled pilots.

92909°-S. Doc. 870, 61-3, vol 5-25

18. Whenever the amount of any judgment given by the said commissioners, or of any penalty imposed by the said Justice or Justices, shall exceed twelve dollars, any party feeling himself aggrieved may appeal from the judgment of such commissioners or from the conviction of such Justice or Justices to the Supreme Court upon giving sufficient security to prosecute such appeal within a reasonable time and to abide by and perform such judgment or order as may

be made thereon.

19. The Pilots' Fund, so called, now accrued or hereafter accruing, shall be invested or deposited in the names of the commissioners, subject to the approval of the Governor in Council, and no portion of such fund shall be appropriated except by resolution of the Commissioners, approved of by the Governor in Council.

20. The master pilots of the boats for the port of St. John's shall, before the fifteenth day of January in every year, make returns up to the thirty-first day of December of the then past year, to the commissioners of pilots, of all moneys earned during the year by the said several pilot boats under their charge; such returns shall show the amount received from each vessel, together with the vessel's name and tonnage, the date when collected, and the total amount collected for the year, and shall be verified by the affidavit of such Master pilot before a stipendiary Magistrate or a Justice of the Peace, who is hereby authorised to administer such oath.

21. The commissioners of pilots shall, before the thirty-first day of January in each year, make a return to the Governor in Council, for the information of the Legislature, of the amount and conditions of the pilots' fund for the preceding year and of any special matters including the returns of the master pilots, which they may consider necessary, or which the Governor in Council may require.

22. Subject to the approval of the Governor in Council, the commissioners may make regulations for the relief of superannuated or infirmed licensed pilots, out of the pilot fund or otherwise, or of their wives, widows, or children, and may determine what persons from among the licensed pilots, their wives, widows, or children, are and are not respectively entitled to participate in the benefits of existing or future funds, and the terms and conditions upon which, if entitled, they are to be so entitled. No superannuated or infirm licensed pilot, so relieved, shall receive more than two hundred dollars per annum out of the pilot fund.

23. Every bye-law made by Commissioners in the exercise of their powers, if and when confirmed by order of the Governor in Council and published as hereafter mentioned, shall be valid and effectual; and every breach thereof shall be deemed an offence against this chapter. 24. Every bye-law made by the Commissioners and confirmed by the Governor in Council, shall be published in the Royal Gazette, and a copy thereof printed in the Royal Gazette shall be prima facie evidence of the original and of the contents thereof and of its having been confirmed by order of the Governor in Council,

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No. 134.-1892, Newfoundland Statute: Consolidated Statutes (Second Series) 1892, Cap. 120.

Of harbour master and harbour regulations for the port of St. John's.

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9. Vessels not lying at wharves to have person in charge, and light.

2. Harbour dues; Proviso: dues not 10. Vessels in stream to have no line than once in

payable oftener

every half year.

3. Harbour Master to give directions as to mooring, &c.

4. Removal of vessels.

5. Fairway of Narrows and harbour entrance to be kept clear.

6. Harbour Master may remove vessels.

7. Appliances to be used by vessels discharging.

8. Vessels' spars, rigging of, at wharves.

to land. 11. Ballast, &c., not to be thrown overboard from vessels; penalty.

12. Nor into waters of harbour; penalty.

13. General penalty for violation of chapter.

14. Recovery and

penalties.

appropriation of

15. Exception as to private wharves.

1. The Governor in Council may appoint, as Harbour Master for the port of St. John's, such person as may be appointed Examiner-inChief under title 13, chapter 117, of these Consolidated Statutes, entitled "Of Certificates to Masters and Mates."

2. The following amounts, as harbour dues, shall be paid by vessels arriving at the port of St. John's, at the time of their being entered at the Custom House, except ships of war and vessels engaged in the coasting trade and fishing, viz.:

Every vessel of sixty tons and upwards, and not more than one hundred tons, two dollars.

Every vessel of more than one hundred tons, and not more than two hundred tons, three dollars.

Every vessel of more than two hundred tons, and not more than three hundred tons, four dollars.

Every vessel of more than three hundred tons, and not more than four hundred tons, five dollars.

Every vessel of more than four hundred tons, six dollars.

Provided, that no vessel shall be compelled to pay harbour dues more than once in every half-year-viz., once between the first day of January and thirtieth day of June, and once between the thirtieth day of June and the first day of January.

3. In case of any dispute arising relative to the mooring, hauling or removing of vessels in said port, the Harbour Master shall, if called upon, give such directions in respect to the same as the circumstances of the case shall demand; and all persons having the charge or command of such vessels shall comply with the directions of the Harbour Master, under the penalty of twenty dollars for every neglect or refusal so to do.

4. The Harbour Master if called upon, may order the removal of any vessel moored in such a manner or situation as to be unsafe or dangerous to any other vessel.

5. The Harbour Master shall direct that the fairway of the Narrows and entrance of the harbour be kept clear for the safe ingress

•Act now questioned by the United States: see Appendix, pp. 4–5.

and egress of vessels; and also that the approach to the wharves be kept clear for mail steamers when necessary, and that the usual anchoring ground for ships of war be kept clear and unoccupied upon their arrival and during their sojourn in port; and he may, upon complaint, make such order respecting the mooring or removal of vessels as may be necessary to provide for the free navigation of the port.

6. If any vessel shall not be immediately removed by the owner, master, or person in charge, when ordered so to be, the Harbour Master may employ men to remove or assist in removing such vessel as required, or as may be necessary, and the expenses of such removal shall be borne by the vessel or her owners.

7. All vessels loading or discharging coals, ballast, stone, gravel, earth, and similar articles, shall have a sufficient piece of canvas or tarpaulin, or be provided with other sufficient appliances, so placed as to prevent the same from falling into the harbour, under the penalty of twenty dollars for every offence, to be paid by the owner, master, or person in charge of such vessel.

8. Whenever it shall be made to appear to the Harbour Master that a vessel is lying at any wharf with main spanker or jibboom rigged out, so as to be likely to impede free navigation, he may direct the same to be rigged in; and in the event of non-compliance, all accidents to such vessel shall be at the risk of her owner.

9. Any vessel anchored in the said port, and not lying at a wharf, shall have a person on board to take care of her by day and night, and shall have a bright light burning, at least six feet above the upper deck, from sunset to sunrise, unless specially exempted by the Harbour Master.

10. No vessel lying in the stream shall have any tow-line, hawser, or be in any way made fast to or connected with any wharf, or to or with the shore, except for the purposes of hauling in or out.

11. No ballast, stone, gravel, earth, or rubbish of any kind, shall be thrown overboard from any vessel in the harbour of St. John's, or at the entrance thereof, (except in places, if any, set apart for that purpose by the Harbour Master), under a penalty not exceeding fifty dollars for every offence, to be paid by the owner, master or other person having charge of the said vessel.

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12. No person shall throw any ballast, stone, gravel, earth or rubbish of any kind, into the waters of the said harbour, nor at the entrance thereof, nor deposit the same on the beach thereof below highwater mark, under a penalty not exceeding fifty dollars for every offence, and in default of payment, imprisonment for a period not exceeding sixty days.

13. Any person violating any of the provisions of this chapter, or disobeying the lawful commands or directions of the Harbour Master made under this chapter, for which violation no penalty is hereinbefore prescribed, shall be subject to a penalty of twenty dollars.

14. All penalties under this chapter, provided for the violation of any of the harbour regulations, or disobedience to the lawful commands or directions of the Harbour Master, shall be recovered, with costs, in a summary manner before a stipendiary magistrate, and shall be appropriated one half to the person giving information of the offence, and one half to the Receiver General for the use of the colony.

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