Liability for damage occasioned

by nonobservance of rules.

Case where

are in fault.

6. If 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 is proved, or it is 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. 43 V., c. 29, s. 7.

7. In any cause or proceeding for damages arising out of a both vessels collision between two vessels, or a vessel and a raft, if both vessels or both the vessel and the raft are found to have been in fault, the rules heretofore in force in the Court of Admiralty in England, and now in Her Majesty's High Court of Justice, under the Supreme Court of Judicature Act, 1873," so far as they are at variance with the rules in force in the courts of common law, shall prevail, and the damages shall be borne equally by the two vessels, or the vessel and the raft, one-half by each. 43 V., c. 29,

Imp. Act 36 37 V., c. 66.

Recovery of penalties.

Application.

s. 8.

8. Unless herein otherwise provided, all penalties incurred under this Act may be recovered in the name of Her Majesty, by any inspector of steam-boats, or by any person 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 crediIf not paid. ble witness; and in default of payment of such penalty, such justices may commit the offender to gaol for any term not exceeding three months; and, except as hereinafter provided, all penalties recovered under this Act shall be paid over to the Minister of Finance and Receiver General, and shall be by him placed at the credit of and shall form part of the Steam-boat Inspection Fund: Provided always, that all penalties incurred for any offence against this Act shall, if such offence is committed within the jurisdiction of the Quebec Harbour Commissioners, or of the Harbour Commissioners of Montreal, be sued for, recovered, enforced and applied in like manner as penalties imposed for the violation of the by-laws of the said Harbour Commissioners within whose jurisdiction the offence is committed. 43 V., c. 29, s. 9.

Exception.

9. Whenever foreign ships are within Canadian waters, the rules for preventing collisions prescribed by this Act, and all provisions of this Act relating to such rules, or otherwise relating to collisions, shall apply to such foreign ships; and in any case 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. 43 V., c. 29, s. 11.

DUTY OF MASTERS; LIABILITY OF OWNERS OF SHIPS.

10. In every case of collision between two ships, the person in charge of each ship shall, if and so far as he can do so without

collision.

danger to his own ship and crew, render to the other ship, her in case of master, crew and passengers, such assistance as is practicable, and as is necessary in order to save them from any danger caused by such collision; and shall also give to the master or other person in charge of the other ship the name of his own ship and of her port of registry, or of the port or place to which she belongs, and also the names of the ports and places from which and to which she is bound; and if he fails so to do, and no reasonable excuse Penalty for for such failure is shown, the collision shall, in the absence of default. proof to the contrary, be deemed to have been caused by his wrongful act, neglect or default. 43 V., c. 29, s. 12, part.

or Canadian

11. Every master or person in charge of a British or Cana- Further dian ship, who fails, without reasonable cause, to render such penalty in assistance, or to give such information as aforesaid, is guilty of a case of British misdemeanor; and if he is a certificated officer under Canadian ships. authority, an inquiry into his conduct may be held, and his certificate may be cancelled or suspended. 43 V., c. 29, s. 12, part.

12. The owners of any ship, whether British, Canadian or Liability of foreign, shall not, whenever all or any of the following events owners occur without their actual fault or privity, that is to say:

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

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

(c.) When 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 ship or boat;

(d.) When 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 or merchandise or to other things whatsoever on board any other ship or boat,—

limited in

case of collision without their fault.

recoverable.

Be answerable in damages in respect of loss of life or personal Extreme injury, either alone or together with loss or damage to ships, amount boats, goods, merchandise or other things, nor in respect of loss or damage to ships, goods, merchandise or other things, whether there is in addition loss of life or personal injury or not, to an aggregate amount exceeding thirty-eight dollars and ninety-two Tonnage. 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 steam-ships the gross tonnage without deduction on account of engine-room;

2. In the case of any British or Canadian ship, such tonnage How calcu shall be the registered or gross tonnage, according to the British lated. or Canadian law, and in the case of a foreign ship which has been or can be measured according to British or 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;

lated in cer

3. In the case of any foreign ship which has not been and can- Tonnage not be measured according to British or Canadian law, the deputy how calcuof the Minister of Marine shall, on receiving from or by direction tain cases. of the court hearing the case, such evidence concerning the dimensions of the ship as it is found practicable to furnish, give

a certificate under his hand, stating what would, in his opinion,

15

As to insur

cases.

Provision in

tion of Im

tions.

have been the tonnage of such ship if she had been duly mea. sured according to Canadian law, and the tonnage so stated in such certificate shall, for the purposes of this section, be deemed to be the tonnage of such ship. 43 V., c. 29, s. 13.

13. Insurances effected against any or all of the events. ances in such enumerated in the section next preceding, and occurring without such actual fault or privity as therein mentioned, shall not be invalid by reason of the nature of the risk. 43 V., c. 29, s. 13. 14. If Her Majesty, acting on the joint recommendation of case of altera- the Admiralty and the Board of Trade, by Order in Council perial regula- annuls or modifies any of the regulations for preventing collisions on navigable waters, which, by Order of Her Majesty in Council of the fourteenth day of August, 1879, were substituted for those theretofore in force for like purposes in the United Kingdom, or make new regulations in addition thereto or in substitution therefor, the Governor in Council may, from time to time, make corresponding changes, as respects Canadian waters, in the regulations contained in the second section of this Act or any that may be substituted for them,-or may suspend them or any of them, and make others in their stead, or inay revive all or any of the regulations in the Act of the Parliament of Canada passed in the thirty-first year of Her Majesty's reign, and intituled "An Act respecting the Navigation of Canadian Waters," as he deems best for insuring the correspondence of the regulations of Her Majesty in Council with those of the Governor in Council. 44 V., c. 20, s. 2.