VOL. VIII.] EXCHEQUER COURT REPORTS.. , 79 APPEAL' FROM QUEBEC ADMIRALTY DISTRICT. Between THE CORPORATION OF PILOTS FOR AND BELOW THE HARBOUR OF APPELLANTS ; 1902 QUEBEC (PLAINTIFFS) Nov. 17. AND THE SHIP OR VESSEL " GRAN: 1 DEE " RESPONDENT. (DEFENDANT) Shipping—Pilotage dues—Liability of barge for same—R. S. C. c. 80, sec. 53—i0 Every ship which navigates." - Held, affirming the judgment of the Local Judge for the Quebec Admiralty District, that a barge, having no motive power of her own, and being towed. by a steam-collier within the Quebec Pilot-age District, is not liable to compulsory dues under the 58th and 59th sections of The Pilotage Act (R. S. C. c. 80.). APPEAL from the judgment of the Local Judge of the Quebec Admiralty District (1). October . 17th, 1902. The appeal was now argued. in Quebec. T. C. Casgrain, K.C., cited The Independence (2) ; The Cleadon (3). C. Pentland, K.C., cited The Sinquasi (4).; The Quick-step (5) ; Parsons on Shipping (6) ; Desty's Shipping & Admiralty (7) ; American 4- English Ency. of Law (8). • T. C. Casgrain, K.C., in reply cited R. S. C. 80, sec. 58 ; Imperial Dictionary (9). (1) Reported ante p. 54. (5) 15 P. D. 19C. (2) Lush. 270. (6) Ed. p..535. (3) 14 Moo. P.. C. 97. (7) P. 343. (4) 5 P. D. 241. (8) Vo. Navigation p. 272. (9) .Vv. • Navigate.
80 EXCHEQUER COURT REPORTS. [VOL. VIII. 1902 THE JUDGE OF THE EXCHEQUER COURT now (Novem- THE R Po- her 17th, 1902), delivered judgment. RATION OP PILOTS This is an appeal from a judgment of the learned Judge of the Quebec Admiralty District, dismissing THE SHIP GRANDHE. an action for pilotage dues. Reasons The following admissions were made for the pur- Jud gr ment. poses of the action: " 1. That the vessel Grandee, proceeded against in the present cause. is a barge, over 1,000 tons burthen, the property of the defendants, and employed by them in the coal trade in trading between Sydeny, Cape Breton and the City of Quebec during the season of navigation. " 2. The said barge has no motive power of her own, but is entirely propelled by means of a tow-boat, to wit, one of the steam-colliers of the defendants, trading from Sydney to Quebec and back to Sydney, aforesaid, which collier is exempt from the compulsory payment of pilotage dues to the plaintiffs. " 3. That the pilotage dues stated in the libel are exigible from the said ship, if she is not exempted under the pilotage statute from the payment of pilot-age dues, for the voys.ges and moorages stated in the summons. " 4. That the said vessel Grandee, during the said voyages and moorages, for the purposes of her navigation, was under the control of the said collier steamer, her crew attending to her wheel and her anchors and hawsers." By clause (b) of the second section of The Pilotage 'Act (1) it is enacted that the expression "ship " shall, unless the context otherwise requires, include every description of vessel used in navigation not propelled by oars. By the 58th section of the Act cited it is, among other things, provided that every ship which (1) R. S. C. c. 80.
VOL. VIII.] EXCHEQUER COURT REPORTS. 81 navigates the pilotage district . of Quebec shall pay 1902 pilotage dues unless she is exempt under thè pro- TH Ço Po-visions of ,the Act. By. the 59th section of the Act ôF 1To s it is, among other things, enacted that a ship pro-v. TR. SaIP pelled wholly or in part by steam and employed as GReND,R&. therein mentioned, shall be exempted from the compul- sory payment of pilotage dues. With respect to her Judgment. employment the Grandee was within the exemption.. The question as to whether she was liable for the pilotage dues claimed depends upon two consider- ations. Was she a ship which navigated the pilotage district of Quebec, and so within the 58th section of the Act ; and if within that section was she propelled wholly or in part by steam ? • Now it may at once be conceded that the term pro- . pelled" is not an apt one to apply to a ship that is being towed, but a ship cannot be said to "navigate" unless- it is propelled or moved in some way ; and it seems to me that in construing the provisions of the two sections mentioned, one is forced to adopt one or the other of two constructions, either of which is against the maintenance of the plaintiffs' action. Either the 58th section by which, with certain exceptions, pilotage dues are made compulsory, must be limited to ships that have within themselves some power or means of being moved or propelled, or the term " propelled " iu the 59th section must be given a meaning large enough to include the means by which the ship is moved. I incline to the first of the two views mentioned. I think the expression " every ship which navigates" means a ship that has,. in itself some power or means of moving through the waters it navigates, and not a ship that has no such power or means, and which must be moved or pro- pelled or navigated by another vessel. In that view of the case the Grandee was not liable to the coin- a
82 EXCHEQUER COURT REPORTS. [VOL. VIII. 1902 pulsory pilotage dues claimed. But if that view is THECo ro- wrong, if it can with correctness be said that the RATI Grandee OF PILOO TS was a ship which navigated the waters v. mentioned, then we must have regard to the means /T~RE SHIP lliiANDFF. bywhich she did so. The vessel byw hich she was Reneonr towed must be so connected with her as to make the aareut. act of navigation by both her act ; and in that view of the case she was propelled by steam, and therefore exempt from payment of compulsory pilotage dues: The judgment appealed from is, I think, the judgment that ought to be entered in this case. The appeal will be dismissed, and the costs will, as usual, follow the event. Appeal dismissed with costs. Solicitors for appellants : Casgrain, Lavery, Rivard & Chauveau. Solicitors for respondents : Caron, Pentland, Stuart & Brodie.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.