Law:An Act to provide for the appointment of a Port Warden for the Harbor of Quebec

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S.c. 1871, c. 33

Assented to 1871-04-14

An Act to provide for the appointment of a Port Warden for the Harbor of Quebec

PreambleWHEREAS the increasing trade of the City and business of the harbor of Quebec render the office of Port Warden necessary; Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: —

Office created

1. There shall be at the City of Quebec an officer who shall be designated the Port Warden of the Harbor of Quebec.

Governor in Council to appoint Board of Examiners of Candidates Deputies: how appointed

2. The appointment to the office shall be made by the Governor in Council on the recommendation of the Board of Trade and Industry of the Metropolitan Quebec, and the control of the office shall be in the board of directors of the Board of Trade and Industry of the Metropolitan Quebec, which shall, in the present year as soon as may be after the passing of this Act, and after this year in the month of April in each year, appoint a Board of Examiners, five in number, who shall examine all candidates for the office of Port Warden, or such number of Deputy Port Wardens as the said board of directors may from time to time deem necessary for the business of the Harbor, and upon the recommendation of the said Examiners, the board of directors shall make the appointments of such Deputies.

1871, c. 33, s. 2; 1980-81-82-83, c. 8, s. 1.

Oath of office

3. The person so appointed to be Port Warden shall, before acting as such, take and subscribe the following oath of office before some Justice of the Peace for the District of Quebec, who is hereby empowered to administer the same, and who shall have the custody thereof:

Form

“I, A.B., do solemnly swear that I will faithfully and impartially, to the best of my judgment and ability, perform the duties of the office of Port Warden of the Harbor of Quebec, without fear, favor or affection for any person or party whomsoever.”

Fees of Port Warden

4. The Port Warden shall receive no fees whatever, other than such as strictly appertain to the business of his office; all such fees shall be recorded in his books, and he shall make a certified annual return to the said board of directors of the Board of Trade and Industry, of the receipts and expenses of his office.

1871, c. 33, s. 4; 1980-81-82-83, c. 8, s. 1.

Removal for misconduct Regulations to be made

5. The Port Warden, or any Deputy Port Warden, may be removed for misconduct or neglect of duty at the instance or discretion of the board of directors of the Board of Trade and Industry; and the said Board of Examiners shall make, and when they shall think it necessary, may repeal or amend all such rules and regulations, or by-laws, for regulating the office of Port Warden, as they may deem from time to time necessary, subject to the approval of the board of directors of the Board of Trade and Industry.

1871, c. 33, s. 5; 1980-81-82-83, c. 8, s. 1.

Port Warden’s office, books, &c.

6. The Port Warden shall, at his own expense, keep an office always open, on lawful days, from nine a.m. till six p.m., during the season of navigation, and from ten a.m., till two p.m., during the remainder of the year, and shall have a seal of office, and the necessary books, in which all his acts as Port Warden, and those of his deputies, with their fees of office, shall be recorded in such manner as the Board of Examiners shall direct.

Duties as to stowage of cargo, &c.

7. It shall be the duty of the Port Warden or his deputy, on being notified and requested by any of the parties interested, to proceed in person on board of any vessel for the purpose of examining the condition and stowage of cargo; and if there be any goods damaged on board such vessel, he shall inquire, examine, and ascertain the cause or causes of such damage, and make a memorandum thereof, and enter the same in full on the books of his office.

Duties of Masters of vessels, having broken bulk before arrival in port

8. The master of any vessel which has broken bulk for the purpose of lightening or other necessary purpose, previous to her arrival in the harbor of Quebec, shall, immediately on the discovery of any damaged cargo, proceed to hold a survey on the same in the manner herein prescribed, before the same shall be moved out of the place in which it was originally stowed; and if, after the arrival in port of any vessel from beyond the seas, which has not had occasion to lighten, break bulk, or otherwise discharge any portion of her cargo before coming into the harbour, the hatches of such vessel shall be first opened by any person not a Port Warden, and the cargo or any part thereof shall come from on board such ship in a damaged condition, these facts shall be primâ facie evidence that such damage occurred in consequence of improper stowage or negligence on the part of the persons in charge of the vessel, and such default shall, until the contrary be shewn, be chargeable to the owner, master, or other person interested as part owner or master of the said vessel.

Inspecting damaged goods

9. The Port Warden shall, when required, proceed to any ship, steamer or other vessel, warehouse, dwelling or wharf, and examine any merchandize, vessel, material, produce or other property, said to have been damaged on board any vessel, and enquire, examine, and ascertain the cause of such damage, make a memorandum thereof, and of such property, and record in the books of his office, a full and correct statement thereof.

Inspecting vessels having received damage, &c. Skilled Assistants if necessary Repairs

10. The Port Warden shall, when required, be surveyor on any vessel which may have suffered wreck or damage, or which shall be deemed unfit to proceed on her voyage; he shall examine the hull, spars, rigging, and all appurtenances thereof, shall specify what damage has occurred, and record in the books of the office a full and particular account of all surveys held on such vessel; he shall call to his assistance, if necessary, in such survey, one or more carpenters, sail-makers, riggers, shipwrights, or other persons skilled in their profession to aid him in the examination and survey, but no such surveyor shall be interested in the case; the Port Warden shall also, if required be surveyor of the repairs necessary to render such vessel seaworthy, and his certificate that these repairs have been properly made shall be evidence that the vessel is seaworthy.

1871, c. 33, s. 10; 1991, c. 32, s. 1.

Surveys of vessels and cargoes

11. The Port Warden shall have cognizance of all matters relating to the surveys of vessels and their cargoes arriving in port damaged, and when requested shall, on payment of the regular fee, give certificates of such surveys.

Notice to Port Warden and by him to Collector

12. The master of any vessel wholly or partly laden with grain for any port not within the limits of inland navigation, shall, before proceeding on his voyage, or clearing at the Custom House for the same, notify the Port Warden, whose duty it shall then be to proceed on board such vessel, and examine whether she is in a fit state to proceed to sea or not: if she is found unfit, the Port Warden shall state in what particulars, and on what conditions only she will be deemed in a fit state to leave, and shall notify the master not to leave the port until the required conditions have been fulfilled; and in case of the master refusing or neglecting to fulfil the same, the Port Warden shall notify the Collector of Customs, in order that no clearance may be granted for the vessel until such required conditions have been fulfilled, and a certificate thereof granted by the Port Warden or his deputy.

1871, c. 33, s. 12; 1873, c. 11, s. 5 (adjusted to take into account error in amending formula).

Duties as to dunnage

13. It shall be the duty of the Port Warden, when required, to decide what amount of dunnage is necessary below cargo, and also between wheat and other grain, and the flour to be stowed over it, and his certificate that such dunnage has been used, shall be primâ facie evidence of the good stowage of the cargo so far as these points are concerned.

As to seaworthiness of vessels

14. The Port Warden, if requested by any person having shipped cargo on board of a vessel, and at the expense of such person, shall proceed on board of such vessel and examine whether she is in a fit state to proceed to sea or not; if she is found unfit the Port Warden shall state in what particular, and shall notify the master not to leave the port until the required conditions have been fulfilled.

Value or measurement of vessels

15. The Port Warden shall, when required, estimate the value and measurement of any vessel, when the same is in dispute or otherwise needed, and shall record the same in the books of his office.

Auctioneers selling vessels, materials &c., to report to Port Warden Notice of such sale

16. It shall be the duty of every auctioneer making a sale of any vessel condemned, or ships’ materials, or goods damaged on board a ship or vessel, whether sea-going or of inland navigation, sold for benefit of underwriters or others concerned, in the harbor or City of Quebec, to file a statement of the same at the office of the Port Warden within ten days after such sale; no underwriters’ sale shall take place until after at least two days’ public advertisement in not less than two English and one French newspapers in the City of Quebec, and such sale shall not be at an hour earlier than eleven, nor later than three o’clock in the day.

Disputes between master and consignee

17. It shall be the duty of the Port Warden, when required in writing by all parties in interest, to hear and arbitrate upon any difficulty or matter in dispute between the Master or Consignee of any vessel, and any proprietor, shipper or consignee of the cargo, and to keep a record thereof.

Survey before sale of damaged vessel

18. No goods, vessels or other property shall be sold as damaged for account of underwriters, unless a regular survey and condemnation has previously been had, and the Port Warden shall in all such cases be one of the surveyors.

Notice to parties

19. Before proceeding to act in any case in the performance of his duties, the Port Warden shall give reasonable notice to all parties interested or concerned in the case.

Time for notice

20. All notices, requests, or requirements to, or from the Port Warden, must be given in writing and a reasonable time before action is required.

Certificates

21. On the demand of any party interested, the Port Warden shall furnish certificates in writing, under his hand, of any matters of record in his office; he shall also furnish when required, copies of any entries in his books, or documents fyled in his office.

Copies of regulations

22. On application, the Port Warden shall supply, to any master of a vessel arriving in the Port of Quebec, a copy of the regulations relating to the office of Port Warden, once in each year.

Lloyd’s regulations to apply

23. In all matters regarding surveys, &c., the Port Warden shall conform to, and be governed by the regulations of Lloyd’s, so far as they are applicable to the Port of Quebec, and to the circumstances of the case.

Disputes between Port Warden and parties, how decided

24. Should any dispute arise between the Port Warden and any party interested, in any case where his presence has been required, either party may appeal to the board of directors of the Board of Trade and Industry of the Metropolitan Quebec, and it shall be the duty of the Secretary of the said Board of Trade and Industry, on a requisition being presented to him to that effect, to summon forthwith a meeting of the said board of directors, who, or not less than three of them, shall immediately investigate and report on the case submitted to them, and their determination or that of a majority of them, made in writing, shall be final and conclusive.

1871, c. 33, s. 24; 1980-81-82-83, c. 8, s. 1

Costs, how fixed, &c.

25. The party against whom the board of directors of the Board of Trade and Industry decide shall pay all the expenses, and the board of directors shall determine the amount of fees or charges payable in each case.

1871, c. 33, s. 25; 1980-81-82-83, c. 8, s. 1; 1991, c. 32, s. 2.

Certificates to be evidence

26. All certificates issued under the hand of the Port Warden or his Deputy, and sealed with the seal of his office, referring to matters recorded in his books, shall be received as primâ facie evidence of the existence and contents of such record, in any court in Canada.

Fees or charges

27. (1) The board of directors of the Board of Trade and Industry of the Metropolitan Quebec may fix the fees or charges, or the manner of determining the fees or charges, to be paid to the Port Warden for or in respect of any services performed by the Port Warden or any Deputy Port Warden.

Notice of proposed fees or charges

(2) Subject to subsection (3), the board of directors shall cause notice of any fees, charges or manner that it proposes to fix pursuant to subsection (1) to be published at least thirty days before the proposed effective date thereof in the Canada Gazette and in one or more newspapers of general circulation in the City of Quebec and shall specify in the notice the place to which and the time within which representations may be sent with respect to the proposed fees, charges or manner.

Exception

(3) No notice is required to be published pursuant to subsection (2) with respect to any fees, charges or manner if notice with respect thereto was previously published pursuant to that subsection, whether or not the fees, charges or manner were amended after the publication as a result of representations made pursuant to the notice.

Notice of fees or charges

(4) The board of directors shall cause notice of any fees, charges or manner that it fixes pursuant to subsection (1) to be published in the Canada Gazette and in one or more newspapers of general circulation in the City of Quebec.

Payment

(5) The fees or charges for or in respect of any services performed by the Port Warden or any Deputy Port Warden are payable at the time the services are performed and by the master, or the owner or representative of the owner, of the vessel in respect of which the services are performed.

1871, c. 33, s. 27; 1980-81-82-83, c. 8, s. 1; 1991, c. 32, s. 3.

Board of Trade and Industry may fix salary

28. The board of directors of the Board of Trade and Industry may, if they see fit, at any time, fix and appoint a salary to the Port Warden, to include his own remuneration and that of his deputies and his expenses of office or otherwise, as may be arranged; and for any period during which the Port Warden shall be paid by salary, such balance as may appear by his certified annual return, to be in his hands over and above his salary (or over and above his salary, that of his deputies and his expenses of office, if the same are not included in his salary), shall be forthwith paid by the said Port Warden to such person as the Board of Trade and Industry shall depute to receive the same.

1871, c. 33, s. 28; 1980-81-82-83, c. 8, s. 1.

Penalties for contravention of this Act

29. The penalty for any and every infraction or breach of the twelfth section of this Act, shall be the sum of eight hundred dollars; and for every infraction or breach of the sixteenth section of this Act, the sum of Twenty dollars; and any and every such penalty as aforesaid, shall be recoverable in the manner prescribed by the Interpretation Act, in cases where penalties are imposed, and the recovery is not otherwise provided for.

1871, c. 33, s. 29; 1873, c. 11, s. 4.

Books, &c., and yearly report

30. The Port Warden shall keep such books and accounts, and shall report yearly to such department or officer, and at such time in each year, and in such form, and with such accounts and details, as the Governor may, from time to time, direct.

31. (Repealed, 1991, c. 32, s. 4)


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