Volunteer tituted. 37. The Commander in Chief may by General Order from Boards of extime to time appoint a Board or Boards to be constituted either amination for of three or more officers of Her Majesty's Regular Army or of Officers of the Volunteers, of whorn one shall be a Field Officer, and to whom they be held at such place as is there in specified, to examine any may be conssuch officers of the volunteers as may desire to have investigated their knowledge of and proficiency in drill and military duties generally; and upon any such examination the said Reports and Board or Boards shall report the result thereof to the Com- certificates of mander in Chief, and shall, after the approval thereof by him, tions, and redeliver to any such officer as may have satisfactorily passed cord thereof. such examination, a certificate thereof, which said certificate shall be recorded in a book to be kept for that purpose in the office of the Adjutant General of Militia, and the certificate thereafter delivered to the officer so examined; and the fact of Notice in Gesuch examination and certificate shall be notified in General neral Orders. Orders. such examina. How this amendment And the said section shall be construed and have effect shall be consas if it had formed part of the said Act at the time of the trued. passing thereof instead of the section hereby repealed and for which it is substituted. Sect. 81 of 27 6. The eighty-first section of the said "Act respecting the amended. Militia" is hereby amended by striking out the words "make or" in the first line of the said section. CAP. XI. An Act respecting the Ocean Mail Service. [Assented to 30th June, 1864.] WHEREAS, under the authority of an order in Council Preamble. dated eighth December, one thousand eight hundred and sixty-three, a provisional contract has been entered into Contract with Hugh Allan by and between Hugh Allan, Esquire, of the first part, and recited. the Postmaster General of this Province, therein named, of the second part, for a weekly line of Ocean Mail Steamers, on certain terms and subject to certain conditions therein set forth; and whereas the said agreement is subject to a proviso that the same is to go into effect, if sanctioned and authorized by the Parliament of Canada at the then next Session thereof and not otherwise; and whereas it is expedient to sanction and confirm the said agreement: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. The said contract and all the matters and things therein The said concontained, are hereby sanctioned and confirmed, and declared tract confirm to be as effectual to all intents and purposes, as if the said ed. agreement had been entered into by the said Postmaster General, in pursuance of sufficient authority in that behalf given before the execution of such agreement. САР. Preamble. The said works to be com Provin cial Works CAP. XII. An Act to replace the improvements in the Navigation of the River St. Lawrence, between the Harbours of Quebec and Montreal, under the control of the Commissioner of Public Works. [Assented to 30th June, 1864.] HEREAS under the provisions of the Acts thirteenth and fourteenth Victoria, chapter ninety-seven; sixteenth Victoria, chapter twenty-four; eighteenth Victoria, chapter one hundred and forty-three, and other Acts of the Provincial Parliament, the works undertaken for the improvement of the river St. Lawrence, between the harbours of Quebec and Montreal, by deepening the channel thereof through Lake St. Peter and at or near Isle Platte, and wherever else it might require deepening, were placed under the superintendence and control of the corporation of the harbor commissioners of Montreal, and certain steamers, dredging vessels, machinery, tools and implements constructed or acquired by this Province for the said works were placed at the disposal of the harbor commissioners, who were authorized to raise and have raised certain sums of money for defraying the cost of the said works, by the issue of debentures of which the principal and interest were not guaranteed by the Province but were to be payable out of a tonnage duty on vessels passing through Lake St. Peter, which has been imposed by the Governor in Council under the said Acts at the instance of the said harbor commissioners, and by them received and applied towards such payment; and whereas in addition to the said tonnage duty, other large sums of money have been advanced by this Province to the said harbor commissioners to defray the interest on the said debentures and to redeem such of them as had matured, and otherwise to defray the expenses of the said works, on condition that the said improvements should be completed by the said harbor commissioners with the sums so raised and advanced as aforesaid; and whereas it is expedient that the said works and improvements should be replaced under the control of the Commissioner of Public Works, to be completed and dealt with as public provincial works, and that the payment of the principal and interest of the debentures issued by the said harbor commissioners under the Acts and for the purposes aforesaid should be assumed by the Province, subject to the provisions hereinafter made: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. From and after the first day of July next after the passing of this Act, the works mentioned in the preamble to this Act shall be and are hereby placed under the control and management of the Commissioner of Public Works and shall be dealt up. dealt with as public provincial works; and all steamers, dred- after 1st July, ging vessels, machinery, tools and implements, constructed or 1864. acquired by the Province and placed under the control of the Plant, &c., to corporation of the Montreal Harbor Commissioners, or acquired be delivered by the said corporation for the said works, with money raised or received under the Acts mentioned in the preamble or advanced by the Province, shall be delivered up by the said corporation to the Commissioner of Public Works, and shall be provincial property. Harbour Com by the Pro 2. The principal and interest of all debentures now outstand- Debentures ing, issued by the said corporation of the Montreal Harbor Com- issued by missioners, under any of the Acts mentioned in the preamble to missioners for this Act, and the proceeds whereof have been applied towards the said works defraying the costs of the works and improvements aforesaid, to be assumed shall be assumed by the Province and may be paid as the same vince. become due, out of any unappropriated moneys forming part of the Consolidated Revenue Fund, and the said corporation. shall be discharged from all obligation to pay the same; and Commisthe said corporation shall account for and pay over to the sioners to pay Receiver General, any balance remaining in their hands of the proceeds of the said debentures or of the sums advanced by the Province, or of the tonnage duty imposed under any of the said Acts, or of any moneys otherwise received by the said corporation for defraying the cost of the said works and improvements. over balance. &c. 3. The tonnage duty imposed under any of the said Acts, Tonnage duty on vessels passing through lake St. Peter, shall continue in to continue force until repealed or altered by order of the Governor in until repealed, Council, and shall be collected by the collectors of customs at the ports of Montreal and Quebec as tolls imposed under the Act respecting public works, and no vessel upon which any such duty is payable, shall be entered or cleared at either of the ports aforesaid until such duty has been paid; and all General regn.general regulations made under the said Act for the use of lations to apply. public works, and all penalties, provisions and powers, for enforcing the same, shall apply to the works hereby replaced under the control of the Commissioner of Public Works, unless and until it shall be otherwise ordered by the Governor in Council. CAP. XIII. An Act to amend the law respecting the Navigation of W [Assented to 30th June, 1864.] HEREAS it will tend to the greater security of life and Preamble: property in vessels navigating Canadian waters, that the same rules of navigation and the same precautions for avoiding collisions and other accidents, as are now adopted in the Commencement of Act. Present Act Con. Stat. the United Kingdom and other countries, should be also adopted in Canada: Therefore, Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: 1. This Act shall come into force on the first day of September next after its passing; and on and after the said day, the forty-fourth chapter of the Consolidated Statutes of Canada, intituled: An Act respecting the Navigation of Canadian Waters, shall be repealed, except only as regards offences committed or liabilities incurred under it before the said day, with respect to which and to all proceedings relating to which, it shall remain in force. REGULATIONS FOR PREVENTING COLLISIONS. 2. And with respect to lights, fog signals, steering and Certain rules sailing, and rafts, the following rules shall, on and after the to apply after 1st Sept. 1864. days last aforesaid, apply to all the rivers, lakes, and other navigable waters whatsoever within this Province, or within the jurisdiction of the legislature thereof, that is to say. Construction of rules. What light shall be carried. By steamships under weigh: At foremast head. On the starboard side. Preliminary. Art. 1. In the following rules every"steamship which is under sail and not under steam is to be considered a sailing ship; and every steamship which is under steam, whether under sail or not, is to be considered a ship under steam. Rules concerning Lights. Art. 2. The lights mentioned in the following articles numbered three, four, five, six, seven, eight and nine, and no others, shall be carried in all weathers, from sunset to sunrise. Art. 3. Steamships when under weigh shall carry : (a.) At the foremast head, a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass; so fixed as to throw the light ten points on each side of the ship, viz: from right ahead to two points abaft the beam on either side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles; (b.) On the starboard side, a green light so constructed as to show an uniform and unbroken light over an arc of the horizon of ten points of the compass; so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles; (c.) (c.) On the port side, a red light so constructed as to show an On port side. uniform and unbroken light over an arc of the horizon of ten points of the compass; so fixed as to throw the light from right ahead to two points abaft the beam on the port side; and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles ; (d.) The said green and red side lights shall be fitted with How fitted. inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow. Art. 4. Steamships when towing other ships, shall carry By steamshipe two bright white mast-head lights vertically, in addition to towing. their side lights, so as to distinguish them from other steamships; each of these mast-head lights shall be of the same construction and character as the mast-head lights which other steamships are required to carry. Art. 5. Sailing ships under weigh, or being towed, shall By sailling carry the same lights as steamships under weigh, with the ships in moexception of the white mast-head lights, which they shall never carry. tion. weather. Art. 6. Whenever, as in the case of small vessels during bad By small weather, the green and red lights, cannot be fixed, these lights vessels in bad shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collision, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor the red light on the starboard side. To make the use of these portable lights more certain and Lanterns to easy, the lanterns containing them shall each be painted be painted outside with the color of the light they respectively contain, and shall be provided with suitable screens. outside. Art. 7. Ships, whether steamships or sailing ships, when By ships at at anchor in roadsteads or fairways, shall exhibit, where it can anchor. best be seen, but at a height not exceeding twenty feet above the hull, a white light, in a globular lantern of eight inches in diameter, and so constructed as to show a clear, uniform and unbroken light visible all round the horizon, and at a distance of at least one mile. Art. 8. Sailing pilot vessels shall not carry the lights required By Filet vesfor other sailing vessels, but shall carry a white light at the sels. mast-head, visible all round the horizon,-and shall also exhibit a flare-up light every fifteen minutes. Art. |