Government of Canada / Gouvernement du Canada
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Marginal note:Survey of damaged vessels and cargoes

 The Port Warden shall have cognizance of all matters relating to the survey of sea-going vessels and their cargoes arriving in port damaged, and shall make a memorandum thereof, and enter the same in full in the books of his office, and, when requested, shall, on payment of the regular fee, give certificates of such surveys.

Marginal note:Duty of masters of vessels intending to load grain in bulk, and of Port Warden in such case; Power to make necessary orders; How enforced; Record of proceedings

 The Master of every vessel intending to load grain, wholly or partly in bulk, for any port not within the limits of inland navigation, shall have such vessel inspected and surveyed by the Port Warden when ready to be, but before it is being dunnaged for such grain: and the Port Warden, in such case, shall ascertain whether such vessel is in a fit state to receive and carry such grain to its destination; he shall record in his books the condition of the vessel; if he finds she is not fit to carry such grain in safety, he shall state what repairs are necessary to render her seaworthy; and before any such grain is taken on board of such vessel, while the different chambers are being prepared, he shall, from time to time, inspect and survey the same; before the loading of any chamber is commenced he shall see that such chamber is in a fit and proper state and condition to receive grain, and furnished with such shifting boards as he may deem necessary; and he shall see that the boards and planks used for lining and other purposes are properly seasoned; he shall examine the pumps and see that they are properly lined and dunnaged; he shall enter in the books of his office all particulars connected with these surveys, and grant the necessary certificates: and he shall make such orders as he deems fit, in respect of all the matters and things referred to in this section; and if such order be not properly obeyed by the master or person in charge of such vessel, he shall deliver the same in writing to such master or other person in charge; and if not thereupon complied with he shall notify in writing such master or person in charge to desist from loading such vessel, and such vessel shall thereupon be held to be unseaworthy, and unfit for the carriage of grain, and no certificate or clearance shall be granted to her. And he shall enter in the books of his office all his acts, and all particulars connected with the matters and things provided for by this section, and shall grant certificates of the due performance of his directions in respect thereof.

Marginal note:His duties as to dunnage

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

Marginal note:Further examination before clearance; No clearance if found unfit for sea

 The master of every vessel loading at the Port of Montreal 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.

Marginal note:No clearance without certificate of Port Warden or his deputy

 No officer of customs shall grant a clearance to any vessel for the purpose of enabling her to leave the Port of Montreal for any port not within the limits of inland navigation, unless not until the master of such vessel produces to him a certificate from the Port Warden or his Deputy, to the effect that all the requirements of this Act have been fully complied with; and if any vessel attempts to leave the Port of Montreal without a certificate of clearance, for any port not within the limits of inland navigation, any officer of customs, or any person acting under the direction of the Minister of Marine and Fisheries, or the chief officer of the river police, may detain such vessel until such certificate is produced to him.

Marginal note:Estimate of value of vessel

 The Port Warden shall, when required, estimate the value of any vessel, being at the time in the harbour of Montreal, when the same is in dispute or otherwise needed, and shall record the same in the books of his office.

Marginal note:Auctioneer selling condemned vessels, &c., to notify Port Warden; Proviso: as to goods liable to deterioration

 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, for the benefit of underwriters or others concerned, in the City of Montreal, to file an account of such sale at the office of the Port Warden within ten days after such sale: no sale for account of underwriters 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 Montreal, except in such special cases as hereinafter provided for, and such sale shall not be at an hour earlier than eleven, nor later than three o’clock in the day; but, if the goods or effects to be sold are in such a condition as to be subject to rapid deterioration from delay, the Port Warden, upon the application of an interested party, may make an order for a sale thereof, after such notice and delay as he may deem for the interest of all concerned, — duly recording such application, and his order thereon, in the books of his office.

Marginal note:Survey before sale

 No goods, vessels or property, alleged to be damaged on the voyage to the said port, 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.

Marginal note:Arbitration between master and consignee; Award and record

 If required by all parties interested, in a memorandum in writing signed by them, the Port Warden shall hear, arbitrate upon, and determine any matter in dispute between the master or consignee of any vessel or ship, and any proprietor, shipper or consignee, of any part of the cargo thereof, — and for that purpose shall have the power of hearing the parties and their witnesses upon oath, and of administering such oath; and his award in the premises shall be final: and he shall enter a note of the reference to him, and his award thereon in full in the books of his office.

Marginal note:Power to initiate proceedings

 If the consignee of a vessel or cargo cannot be found or communicated with, the Port Warden may, in any case in which he thinks it right and necessary so to do, initiate proceedings and hold surveys, and obtain process, as if required by the parties concerned, under the provisions of this Act.

Marginal note:Notices to Port Warden and to parties concerned; Subject to by-laws

 All notices, requests or requirements, to or from the Port Warden, must be given in writing in an intelligible form, and signed by the party making the same, or by some one duly authorized on his behalf, and be delivered within a reasonable time before action is required: and before proceeding to act in the performance of any duty imposed upon him by this Act, the Port Warden shall ascertain that notice thereof has been given to the parties interested, and if not, shall himself cause reasonable notice thereof to be given to them: and the nature and extent of the notice required in all cases coming under the jurisdiction of the Port Warden may be, from time to time, regulated by the by-laws, rules and regulations made as hereinbefore provided.

Marginal note:Port Warden to furnish extracts from his books, &c.; How certified and effect as evidence; Port Warden exempted from attending as witness except in Montreal, during navigation season

 The Port Warden shall, on the application of any person interested, and on payment of the proper fee, furnish to such person extracts from the books of his office certified by him to be correct extracts, and sealed with the seal of his said office, respecting any matter recorded therein, and also certified copies of any original documents filed in his office, — which certified copies shall be primâ facie evidence of the contents and execution of the originals thereof: and all such extracts so certified under the hand of the Port Warden or his deputy, and under the seal of his office, purporting to contain copies of entries recorded in his books, shall be received primâ facie evidence of the existence and contents of such entries, in any court in the Dominion. And the said Port Warden shall not be required during the season of open navigation to leave the Port of Montreal to give evidence before any court, nor for any other purpose whatever, except with the consent of the Council of the Board of Trade; and in case of his evidence being required before any court in the City of Montreal, he shall be entitled to a fee for each and every attendance at such court, — nor shall he be required on any one day to absent himself from his office for more than three hours.

  • 1882, c. 45, s. 24
  • 1980-81-82-83, c. 8, s. 2(F)
  • 1991, c. 32, s. 7

Marginal note:To supply copies of regulations

 The Port Warden shall, on application, supply once in each year, to every master of a vessel arriving in the Port of Montreal, a copy of the by-laws, rules and regulations relating to the office of Port Warden.

Marginal note:As to application of rules of Lloyd’s

 The by-laws, rules and regulations respecting the office of Port Warden shall declare to what extent the regulations of Lloyds shall be applicable to the Harbour of Montreal, and to what extent the Port Warden and his Deputies shall be governed by such regulations.

Marginal note:Appeals from decisions of Port Warden; Proceedings; Costs

 If any person interested is dissatisfied with any decision of the Port Warden (except in cases of arbitration), such party may appeal to the Board of Trade, by addressing and delivering to the Secretary of the Board of Trade a statement in writing of the matter complained of; and thereupon it shall be the duty of such secretary forthwith to summon a meeting of the said Board of Examiners, who, or not less than three of them, shall immediately investigate the matter complained of, and, after hearing the parties, their determination, or that of a majority of them, made in writing, shall be final and conclusive. The party against whom the examiners shall decide shall pay all the expenses of such appeal, and the examiners shall determine the amount thereof.

  • 1882, c. 45, s. 27
  • 1980-81-82-83, c. 8, s. 2(F)
  • 1991, c. 32, s. 8

Marginal note:Fees or charges

  •  (1) The Council of the Board of Trade at the City of Montreal 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.

  • Marginal note:Notice of proposed fees or charges

    (2) Subject to subsection (3), the Council 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 Montreal 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.

  • Marginal note: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.

  • Marginal note:Notice of fees or charges

    (4) The Council 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 Montreal.

  • Marginal note: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.

  • 1882, c. 45, s. 28
  • 1980-81-82-83, c. 8, s. 2(F)
  • 1991, c. 32, s. 9
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