Act of July 19, 1899—An Act relating to Light Dues.

1. Upon every merchant vessel or ship entering any port or place within this colony, other than coasting, sealing or fishing vessels owned and registered in this colony, there shall be levied and paid once in every calendar year (but not oftener than once in three months) the following duty or rate per registered ton, that is to say:—At the rate of twenty-four cents per ton up to and including 500 tons, and twelve cents per ton additional on every ton over 500 up to and including 1,000 tons, and six cents per ton additional on every ton over 1,000 tons and up to and including 2,000 tons. On no ship or vessel shall a greater rate than two hundred and forty dollars be levied in any one calendar year or oftener than once in three months.

9. Any officer duly authorized by law to collect rates or dues under this Act may go on board any vessel, being within three miles of any part of the coasts of this colony, and stay on board while she remains in port or within such distance, and may, in addition to the powers and procedure prescribed in section 5 of this Act, bring into port and detain such vessel until payment or satisfaction of all light dues by law recoverable.

CANADA.

Revised Statutes, 1906, Chapter 48.

16. The master of every vessel coming from any port or place out of Canada, or coastwise, and entering any port in Canada, whether laden or in ballast, shall go without delay, when such vessel is anchored or moored, to the Custom-house for the port or place of entry where he arrives, and there make a report in writing to the collector or other proper officer, of the arrival and voyage of such vessel. 96. The master of every vessel bound outwards from any port in Canada to any port or place out of Canada, or on any voyage to any place within or without the limits of Canada, coastwise or by inÎand navigation, shall deliver to the collector or other proper officer a report outwards under his hand of the destination of such vessel, stating her name, country and tonnage, the port of registry, the name of the master, the country of the owners and the number of the

crew.

98. The master of every vessel whether in ballast, or laden, shall, before departure, come before the collector or other proper officer, and answer all such questions concerning the vessel and the cargo, if any, and the crew and the voyage, as are demanded of him by such officer, and, if required, shall make his answers or any of them part of the declaration made under his hand.

1376

Revised Statutes, 1906, Chapter 113.

Pilotage Dues.

430. The Governor in Council may from time to time, make the payment of pilotage dues compulsory or not compulsory, within the limits of any pilotage district fixed by the Governor in Council under this Part. R. S., c. 80, s. 13.

471. No Customs officer shall grant a clearance to any ship liable to pilotage dues at any port in Canada, where there is a duly constituted pilotage authority which collects the pilotage dues and at which pilotage dues are payable, until there has been produced to such Customs officer a certificate from the pilotage authority of the district or some officer or person authorized by such authority to grant the same, that all pilotage dues in respect to such ship have been paid or settled for to the satisfaction of such authority. R. S., c. 80, s. 53.

Compulsory Payment of Pilotage Dues and Exemptions. 475. Every ship which navigates within either of the pilotage districts of Quebec, Montreal, Halifax or St. John, or within any pilotage district within the limits of which the payment of pilotage dues is, for the time being, made compulsory by order in council under this Part shall pay pilotage dues, unless,—

(a) such ship is on her inward voyage and no licensed pilot offers his services as a pilot; or

(b) she is exempted under the provisions of this Part, from payment of such dues. R. S., c. 80, s. 58.

476. If such ship is on her outward voyage and the owner or master of such ship does not employ a pilot or give his ship into the charge of a pilot, such dues shall be paid, if in the pilotage district of Quebec, to the Quebec Pilots Corporation, and, if in any other pilotage district to the pilotage authority of such district. R. S., c. 80, s. 58.

APPENDIX (D).

Note on Legislation as to Light Dues and Customs Regulations referred to by Sir William Robson, July 29, 1910.

Legislation as to,

(1.) Light dues.

(2.) Customs regulations.

(A.)-BEFORE 1783.

(1.) Light dues, &c.

Massachusetts, 1715, cap. 4, secs. 2 and 5, imposed dues for erection and maintenance of lighthouse at Boston Harbour. Coasting and fishing-boats to pay on a lower scale. (B. C. App., 773. 1715.)

Massachusetts, 1751, cap. 2. All vessels to pay additional dues, proportioned to tonnage, for repairing damage to lighthouse. (B. C. App., 774. 1751.)

Nova Scotia, 23 Geo. II, cap. 2. Merchant vessels to pay dues for maintaining lighthouse on Sambro Island; fishing-vessels exempt. (B. C. App., 587. 1759.)

Massachusetts, 1771, cap. 35, sec. 1. All vessels to pay dues for erection of a lighthouse at Matchen Island. Scale of dues as in Act of 1715. (B. C. App., 774. 1771.)

Massachusetts, 1774, cap. 2. All vessels of 15 tons and upwards to pay dues for maintenance of lighthouse on Brant Point. (B. C. App., 775. 1774.)

(This Act recites that the burden of these dues "ought in equity to be borne by all vessels receiving advantage from that light, belonging to strangers as well as to the said inhabitants.")

(2.) Customs regulations.

13 & 14 Chas. II, cap. 11, required masters of all vessels arriving in England forthwith to enter at Customs. (B. C. C. App., 209. 1662.)

7 & 8 Wm. III, cap. 22, applied the provisions of the foregoing Act to all vessels arriving in British Colonies in America. (B. C. App., 521. 1696.)

4 Geo. III, cap. 15, gives power to revenue authorities to visit and expel any foreign vessel hovering within 2 leagues of coast of a colony. (B. C. App., 531. 1763.)

7 Geo. III, cap. 46, provides for entry and clearance of all vessels arriving at any British Colony in America or departing therefrom, and for declaration on oath by the master as to the business, destination, and cargo of his vessel. (B. C. C. App., 221. 1767.)

(N. B.-The provisions of section 9 of this Act are substantially those now in force in Canada, Newfoundland, and United States.)

1377

Nova Scotia, 8 & 9 Geo. III, cap. 18. "All masters of ships, coasting, fishing, and all other vessels " to make report within twenty-four hours of arrival and declaration on oath as to alcoholic liquors. (B. C. C. App., 233. 1769.)

15 Geo. III, cap. 31 (Imperial Act, 1755). Passed with the object of encouraging English seamen to engage in the Newfoundland fishery, exempts such seamen so engaging (section 7) from " entry at the customs-house at Newfoundland, except a report to be made by the master on his first arrival there, and on his clearing out from thence "a fee not exceeding 2s. 6d. to be taken for each report. By section 8 any fishing-vessel clearing out with any goods on board, except fish or fish-oil, is to be subject to all the usual" securities, restrictions, and regulations"-which would include the heavy fees imposed under 5 Geo. III, cap. 45, sec. 27. (B. C. App., 545. 1775. B. C. C. App., 219. 1765.)

(B.)-1783-1818.

(1.) Light dues, &c.

Nova Scotia, 28, Geo. III, cap. 3. Levies light dues on all merchant-vessels entering or leaving Shelburne Harbour, other than coasting or fishing-vessels belonging to the province (coasting and fishing-vessels not belonging to the province being apparently included in the term "merchant-vessels.") (B. C. App., 591. 1787.) New Brunswick, 28 Geo. III, cap. 4. Imposes dues for support of lighthouse at port of St. John upon all vessels other than coasting or fishing-vessels belonging to the said port. (B. C. App., 593. 1788.)

Nova Scotia, 33 Geo. III, cap. 16, enacted that all registered vessels owned by any person within the province and not wholly employed in the fisheries thereof, which did not come into the harbour at Halifax or Shelburne and pay dues there, should pay 4d. per ton in the port to which they belonged. (B. C. App., 594. 1793.)

Collectors of dues appointed in the various ports, and penalties of fine and detention imposed for refusal to pay.

Nova Scotia, 35 Geo. III, cap. 3, amending the last Act; dues to be payable on arrival. (B. C. App., 597. 1795.)

Imperial Act, 42 Geo. III, cap. 43, imposes harbour dues in North American colonies. (B. C. App., 563. 1802.)

Nova Scotia, 43 Geo. III, cap. 5, levied dues for maintenance of lighthouse at Annapolis on same scale as those at Halifax; dues leviable at Shelburne placed on same basis. (B. C. App., 600. 1803.) United States, 1804, cap. 57, imposes dues on all foreign vessels entering any port of United States. No exemption for fishing vessels. (B. C. App., 783. 1804.)

Nova Scotia, 49 Geo. III, cap. 9. All vessels entering Bay of Fundy to pay dues for support of lighthouse at Briar Island, as payable at Halifax. (B. C. App., 602. 1809.)

New Brunswick, 50 Geo. III, cap. 5, imposes dues for maintaining beacons, buoys, &c., on all vessels entering Miramichi and certain other bays. (B. C. App., 603. 1810.)

Nova Scotia, 52 Geo. III, cap. 4, levies dues at Liverpool Harbour for support of lighthouse at Coffin's Island; rates as at Halifax. (B. C. App., 604. 1812.)

(2.) Customs regulations.

Prince Edward Island, 25 Geo. III, cap. 4, sec. 4. "All masters of ships, coasting, fishing, and all other vessels " to make report within twenty-four hours, and declaration on oath as to alcoholic liquors. (B. C. App., 588. 1785.)

United States, 1789, cap. 5. Master of every foreign vessel to report and deliver manifest within forty-eight hours of arrival. (B. C. App., 777. 1789.)

United States, 1790, cap. 35. Report to be made within twentyfour hours by master of every vessel, and clearance to be obtained before departure. Revenue officers to have power to board and search any vessel in harbour or within 4 leagues of coast. (B. C. App., 779. 1790.)

United States, 1793, cap. 8, sec. 21. Any fishing-vessel intending to touch and trade must obtain leave, make entry, and deliver manifest. (B. C. App., 782. 1793.)

United States, 1799, cap. 22, sec. 60. Master of every foreign vessel compelled by distress or other necessity to put into any port of United States must report in writing within twenty-four hours. (B. C. App., 782. 1799.)

New Brunswick, 47 Geo. III, cap. 10, sec. 3. Master of "any ship or vessel" to make report within twenty-four hours of arrival. (B. C. C. App., 234. 1807.)

N. B. It appears from report and table of fees taken by customs officers in Nova Scotia and Newfoundland in 1790 that anchorage fees were charged, and that there was a customs-house at Newfoundland as early as 1762. (B. C. C. App., 171.)

(C.)-1818-1910.

(1.) Light dues, &c.

Newfoundland, 4 Wm. IV, cap. 4, imposed dues for maintenance of lighthouse at St. John's upon all vessels except coasting and fishing-vessels. (B. C. App., 694. 1834.)

Newfoundland Acts of 1835, 1839, 1852, imposed dues on all vessels, but coasting and fishing vessels were to pay on a lower scale. (B. C. App., 695, 697, 699.)

1378

Subsequent Acts of 1855, 1872, and 1878, and the Act now in force in Newfoundland (62 & 63 Vict., cap. 19), exempt from light dues coasting and fishing-vessels owned and registered in the colony. (B. C. App., 700, 703, 708. B. C. App., 754. 1899.)

Act of 1892, exempting fishing-vessels from payment of Harbour dues at St. John's. (B. C. App., 724. 1892.)

Nova Scotia Acts of 1819, 1822. ("All vessels and ships of every country, kind, and description ") impose dues for maintenance of lights on Coffin Island and Cranberry Island respectively. (B. C. App., 605, 606. 1819, 1822.)

Nova Scotia Act of 1834, imposes light dues on "all coasting and fishing-vessels." (B. C. App., 612. 1834.)

Nova Scotia Act of 1838, gives partial relief from light dues to vessels registered in the Province and engaged in coasting or fishing. (B. C. App., 616. 1838.)

Nova Scotia Act of 1845, gives reduction of light dues to registered vessels of the Province. (B. C. App., 619. 1845.)