Office of the Historian

No. 191.
Sir Edward Thornton to Mr. Fish.

Washington, June 24, 1873. (Received June 26.)

Sir: With reference to my note of the 13th instant, on the subject of deck-loads, I have now the honor to transmit herewith three copies of [Page 428] a law on the same subject which was passed by the Parliament of Canada, and was assented to, in the Queen’s name, by the governor-general on the 23d ultimo.

I have, &c.,

EDW’D THORNTON.
[Inclosure.]

AN ACT respcting deck-loads.

Her Majesty, by and with the advice and consent of the senate and house of commons of Canada, enacts as follows:

1.
In this act the word “ship” includes every description of vessel used in navigation not propelled by oars; and the word “master” includes any person having command or charge of a ship.
2.
Every ship shall be subject to the provisions of this act—
(1.)
When sailing after the first day of October or before the sixteenth day of March in any year, on a voyage from any port in Canada to any port in Europe, and during the voyage while within Canadian jurisdiction; and
(2.)
No master of any such ship shall place, or cause or permit to be placed or remain, upon or above any part of the upper deck of such ship, not included within the limits of any break or poop, or any other permanently closed-in space thereon and available for cargo, the tonnage of which forms part of the register tonnage of such ship—
(a.)
Any square, round, wany, or other timber.
(b.)
———
(c.)
Any cargo of any description, to any height exceeding three feet above the deck, or not so dressed and prepared for use.
3.
Every ship shall be subject to the provisions of this act—
(1.)
When sailing, after the fifteenth day of November, or before the sixteenth day of March, in any year, on a voyage from any port in Canada to any port in the West Indies, and during the voyage while within Canadian jurisdiction; and
(2.)
No master of any such ship, if she be a single-decked vessel, shall place, or cause or permit any cargo whatever to be placed or remain, upon or above the deck to a height exceeding by more than six inches that of the main rail, nor in any case greater than four feet six inches above the deck; nor, if she has a spar-deck, shall he place, or cause or permit to be placed or remain, any cargo on or above any part of such spar-deck; except that this provision shall not be understood to prevent such master from carrying two spare spars or store spars, made, dressed, and finally prepared for use, on the deck or on the spar-deck of such vessel.
4.
Provided always. That if the master of any ship subject to the provisions of this act, under the second section thereof, considers that it is necessary, in consequence of the springing of a leak, or of other damage received or apprehended during the voyage, to remove any portion of the cargo thereof, and to place upon any part of the upper deck thereof, not included as mentioned in the said second section, any other or greater portion of such cargo than is by the said second section permitted to be placed upon such part of the upper deck of such ship; or if the master of any ship subject to the provisions of this act, under the third section thereof, considers that it is necessary, from any such cause as aforesaid, to remove any part of the cargo and to place it on the deck or on the spar-deck of such vessel, (as the case may be,) he may remove or cause to be removed to and placed upon such part of the upper deck, or on the deck or spar-deck of such ship, so much of the cargo thereof, and may permit the same to remain there for such time as he considers expedient.
5.
Before any officer of the customs permits any ship subject to the provisions of the second section of this act to clear out from any port in Canada, he shall ascertain that no square, round, wany, or other timber, nor more than five spare spars, or store spars, nor any cargo of any description, to any height exceeding three feet above the deck, is or are piled, or stored, or placed upon any part of the upper deck of such ship, not included within the limits of any break, or poop, or any other permanently closed-in space thereon, available for cargo, and the tonnage of which forms part of the register tonnage of such ship, and shall give the master of such ship a certificate to that effect.
6.
Before any officer of the customs permits any ship subject to the provisions of this act, under the third section thereof, to clear out from any port in Canada, he shall ascertain that no provision of the said third section is contravened in respect of such ship and the cargo thereof, and shall give the master of such ship a certificate to that effect.
7.
No master of any ship shall sail in such ship, when subject to the provisions of this [Page 429] act, from any port in Canada, until he has obtained the certificate required in the case of such ships from the proper officer of the customs.
8.
Every master of a ship subject to the provisions of this act, who contravenes any provision of this act, shall for each such contravention incur a penalty not exceeding, except as hereinafter provided, eight hundred dollars.
9.
Every master of a ship subject to the provisions of this act, who, after having complied with the provisions of this act requiring him to obtain a certificate, as aforesaid, from the proper officer of the customs, contravenes any other provision of this act, shall incur a penalty not exceeding eight hundred dollars.
10.
Whosoever being the master of any ship, with intent to evade any provision of this act, sails in such ship after the first day of October, or before the sixteenth day of March, in any year, from any port in Canada to any port in Europe without such certificate as last aforesaid, and with any cargo on any part of the upper deck of such ship not included within the limits of any break or poop, or any other closed-in space thereon available for cargo, and the tonnage of which forms part of the register tonnage of such ship, or sails in such ship after the fifteenth day of November, or before the sixteenth day of March, in any year, from any port in Canada to any port in the West Indies, with any cargo upon the deck, or on the spar-deck of such ship (as the case may be) which would prevent his rightfully obtaining such certificate, is guilty of a misdemeanor, and shall be liable to be punished by imprisonment for any term not exceeding two years, and not less than three months, or by fine not exceeding eight hundred dollars, or by both fine and imprisonment in the discretion of the court before which he is convicted.
11.
Any ship, in respect of which any penalty is incurred under this act, may be seized and detained by order of the court by or before which such penalty is imposed or recovered until such penalty be paid, or security given for the payment thereof, and unless payment be made or satisfactory security be given within thirty days, such ship may, at the expiration thereof, be sold by order of the court, and the said penalty and all the costs paid out of the proceeds, the surplus (if any) being paid over to the owner of the ship.
12.
The whole of every pecuniary penalty recovered under this act shall belong to Her Majesty, and shall be paid over to the receiver-general by the officer or person receiving the same, and shall be thereafter appropriated in such manner as the governor in council may direct in each case.
13.
This act shall not apply to any vessel sailing from British Columbia.