the Imperial law respecting merchant shipping, and entered in the book of registry of ownership in the manner in the said law prescribed.

The rules respecting the persons qualified to make and receive such transfers and respecting the registry and certificate of ownership and priority of right, are contained in the said law." C. C., 2359; R. S. C., c. 62, R. S.

C., c. 120, s. 52.

6258. Article 2360, repealed by the Federal act respecting the registration and classification of ships, should be replaced by the following:

“2360. The transfer of ships registered in Canada is effected in accordance with the provisions of the preceding article." Imp. Act., 17-18, V., c. 104; R. S. C., c. 72.

6259. Article 2361 should read as follows:

"2361. Transfers of ships or vessels, of the description specified in articles 2359 and 2360, not made and registered in the manner therein prescribed, do not convey to the purchaser any title or interest in the ship or vessel intended to be sold." C. C., 2361; R. S. C., c. 72.

6260. Articles 2362, 2363, 2364, 2365, 2366, 2367, 2368, 2369, 2370, 2371 and 2372 are repealed by the Federal act respecting the registration and classification of shipping. 36 V., C., c. 128.

6261. Article 2374 should read as follows:

"2374. The rules concerning the hypothecation of vessels by contract of bottomry are contained in the title Of Bottomry and Respondentia.

The mortgage and hypothecation of registered British ships are made according to the provisions contained in the Imperial law respecting merchant shipping." C. C., 2374; Imp. Act 17-18 V., c. 104; R. S. C., c. 72.

6262. Articles 2375, 2376, 2377, 2378, 2379, 2380, 2381 and 2382, repealed by the Federal act respecting the registration and classification of ships, should be replaced by the following:

“2375. Vessels being built in Canada may be mortgaged, hypothecated or transferred under the authority of the Federal acts respecting the registration and classification of ships and respecting banks and banking, according to the rules laid down in the following articles of this chapter. R. S. C., c. 72; R. S. C., c. 120, s. 52.

2376. The owner of a ship about being built or being built may, after having recorded her according to law, give her as security for a loan or other valuable consideration. R. S. C., c. 72, s. 31.

"2376a. The entry, in the record book of the port in which the ship is registered, of the instrument constituting the mortgage gives effect to such instrument and establishes the rank of the mortgage and hypothec. R. S. C., c. 72, s. 32.

"23766. The mortgage is extinguished by the production of the instrument creating it, with an endorsement thereon showing the absolute payment of the debt for which the mortgage was given, and by an entry in the record book to the effect that such mortgage has been discharged. R. S. C., c. 72, s. 34.

"2377. If two or more mortgages are recorded respecting the same ship, the hypothecary creditors, notwithstanding any express, implied or constructive notice, are entitled to priority one over the other, according to the date at which each instrument is recorded in the record book and not according to the date of each instrument. R. S. C., c. 72, s. 35.

"2377a. A mortgage creditor is not, by reason of his mortgage, deemed to be the owner of a ship, nor is the hypothecary debtor deemed to have ceased to be the owner of such ship, except in so far as is necessary for making such ship available as security for the mortgage debt. R. S. C., c. 72, s. 36.

"2378. Every mortgagee may absolutely dispose of the ship in respect of which he is recorded as such mortgagee and give effectual receipts for the purchase price; but if there are several persons recorded as mortgagees of the same ship, no subsequent mortgagee thereof can, except under the order of a competent court, sell such ship without the concurrence of the prior mortgagees.

The registration of bills of sale is made according to the Federal act respecting the registration and classification of ships. R. S. C., c. 72, s. 37; R. S. C., c. 120, s. 52.

"2379. A recorded mortgage of any ship may be transferred by the mortgagee to any other person, and the instrument effecting such transfer must be made and recorded according to the Federal act respecting the registration and classification of ships. R. S. C., c. 72, s. 38; R. S. C., c. 120, s. 52.

2379a. If the interest of any mortgagee in a registered ship is transmitted in consequence of death or insolvency, or in consequence of the marriage of a female mortgagee, or by any lawful means other than by a transfer made under the Federal act respecting the registration and classification of ships, such transmission is authenticated by a declaration of the person to whom such

R. S. C.,

interest has been transmitted, made in accordance with
the provisions of the act last above mentioned.
c. 72, ss. 39, 40 and 41.

"2380. Every contract made under article 2375 and the acts therein mentioned may be executed in the usual form of contracts executed in this Province. R. S. C.. c. 72, s. 48.

"2381. Whenever the building of a ship, which has been recorded according to law, is duly completed, the first mortgagee, whose claim is unsatisfied, may, on furnishing the builder's certificate, secure from the proper officer a certificate of registry according to law.

2. The undischarged mortgages recorded according to law are transferred and registered in the order and according to the priority in which they were recorded.

3. The registry of all such mortgages shall thus appear according to their priority in the record books as if they had been made or granted under the laws providing for the giving of such certificates of registry.

A fresh instrument of mortgage, according to any form prescribed by law, may be granted as a substitute for any mortgage given under article 2375. R. S. C., c. 72, s. 42;

R. S. C., c. 120, s. 52.

"2382. The provisions contained in the foregoing articles of this chapter do not deprive the proprietor of any right of action to account or any recourse by law allowed against the person or bank making the advances.' R. S. C., c. 72, s. 47; R. S. C., c. 120 s. 52.

6263. Article 2390 should read as follows:

"2390. The owners are civilly responsible for the acts of the master in all matters which concern the ship and voyage and for damages caused by his fault or the fault of the crew.

They are responsible in like manner for the acts and faults of any person lawfully substituted to the master,

The whole nevertheless subject to the provisions contained in this chapter and in the titles of Affreightment, and of Bottomry and Respondentia, and in the Imperial and Federal acts respecting merchant shipping." C. C., 2390; B. N. A. Act, 1867; R. S. C., cc. 82 and 83.

6264. Articles 2404 and 2405, repealed by the Federal act 36 Victoria, chapter 129, section 5, should be replaced by the two following articles :

"2404. The special duties of masters, with respect to the keeping of official log-books and in other matters not herein provided for, the engagement and treatment of seamen, the payment and disposal of their wages and

their discharge are regulated by the provisions contained respectively in the Imperial law respecting merchant shipping and in the Federal acts respecting the shipping of seamen. R. S. C., cc. 74 and 75.

2405. Wages not exceeding two hundred dollars due to any seaman for service in a vessel registered in Canada, may be recovered in a summary manner before any judge of the Superior Court, any judge of the sessions of the peace, any stipendiary magistrate, any police magistrate, or any two justices of the peace, in the manner and according to the rules prescribed in the Federal acts respecting the engagement of seamen." R. S. C., cc. 74 and 75,

6265. Article 2431 should read as follows:

"2431. The time allowed for the discharge of cargoes consisting of certain kinds of merchandise is regulated by the laws respecting the discharging of cargoes of vessels.' C. S. L. C., c. 60; C. C., 2431; R. S. C., c. 90.

6266. Article 2432 should read as follows:

'2432. Neither the owner nor master is exempt from liability for loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of the ship.” C. C. 2432; R. S. C., c. 80, s. 57.

6267. Article 2433 should read as follows:

'2433. The owner of a sea-going ship is not liable for the loss or damage, occasioned to any goods, wares, merchandise and article of any kind on board any such vessel or delivered to him for conveyance therein, without his actual fault or privity or the fault or neglect of his agents, servants or employees :

1. By reason of fire or the dangers of navigation;

2. By reason of any defect in, or the nature of the goods themselves, or from armed robbery or other irresistible force; or

3. By reason of any robbery, theft, embezzlemement, removal or secreting of any gold, silver, diamonds, watches, jewels or precious stones, money or valuable securities or articles of great value, not being ordinary merchandise, unless the true nature and value thereof have, at the time of their delivery for conveyance, been declared by the owner or shipper thereof to the carrier or agent or servant and entered in the bill of lading, or otherwise in writing. C. C., 2434; R. S. C., c. 82, ss. I and 2 § 4.

6268. Article 2434 should read as follows:

"2434. In any case of loss of life or personal injury, damage or loss to any thing on board of a sea-going ship without any actual fault or privity on the part of the

owner of the vessel on board of which or through the fault of which the loss happened, such owner is not responsible for the damage or the loss occasioned to an amount exceeding the sum of thirty-eight dollars and ninety-two cents per ton of the ship's registered tonnage in the case of sailing vessels, and of the gross tonnage, without deduction for the engine room, in the case of steam vessels.

The owner, however, remains always responsible in the same manner, for every such loss and damage arising on distinct occasions to the same extent as if no other loss or damage had arisen." C. C., 2434; R. S. C., c. 79, s. 12.

6269. Article 2435 is without effect owing to the provisions of the Federal act respecting the navigation of Canadian waters. R. S. C., c. 79, s. 12.

6270. Article 2463 should read as follows:

"2463. Special rules concerning vessels which arrive in the ports of the Province of Quebec from any port in the United Kingdom or of any other part of Europe or from any other port outside Her Majesty's possessions, with passengers or emigrants therefrom, and rules relating to the rights and duties of the masters of such vessels and for the protection of such passengers and emigrants are contained in the Federal acts respecting immigrants and emigrants and respecting quarantine." C. C., 2463; R. S. C., c. 65, 67 and 68.

SECTION XIII.

AMENDMENTS TO TITLE FIFTH OF BOOK FOURTH.

Of Insurance.

6271. Article 2576 should read as follows:

2576. The insurance is rendered void by the transfer of interest in the object of it from the insured to a third person, unless such transfer is with the consent or privity of the insurer.

The foregoing rule does not apply in the case of rights acquired by succession or in that specified in the next following article.

The insured has in all cases a right to assign the policy with the thing insured, subject to the conditions therein contained." C. C., 2576; 43 V., C., c. 1.