to such investigation shall be completed before the vessel concerned leaves Canal Zone waters, and no claim shall be considered unless the basis therefor has been laid before the Canal authorities prior to the vessel's sailing. CROSS-REFERENCE Compelling attendance and testimony of witnesses and production of books and papers before members of board, see Canal Zone Code, title 2, sections 42 and 43. (See note following Rule 89.) RULE 95. Measure of Damages in Determining Award. (a) General: In determining the amount of the award of damages for injuries to a vessel for which The Panama Canal is found or determined to be liable, there may be included: (1) actual or estimated costs of repairs; (2) charter hire actually lost by the owners or charter hire actually paid, depending upon the terms of the charter party, for the time the vessel is undergoing repairs; (3) maintenance of the vessel and wages of the crew, if such are shown to be actual additional expenses or losses incurred outside of the charter hire; (4) other expenses which are definitely and accurately shown to have been incurred necessarily and by reason of the accident or injuries: Provided, however, that there shall not be allowed agent's fees or commissions or other incidental expenses of similar character, or any items which are indefinite, indeterminable, speculative, or conjectural. The Comptroller of The Panama Canal shall be furnished such vouchers, receipts, or other evidence as may be required by him in support of any item of a claim. (b) Where vessel not operated under charter: If a vessel is not operated under charter but by the owner directly, evidence shall be secured, if available, as to the sum for which vessels of the same size and class can be chartered in the market. If such charter value cannot be determined, the value of the use of such vessel to its owner in the business in which it was engaged at the time of the injuries shall be used as a basis for estimating the damage for the vessel's detention; and the books of the owner showing the vessel's earnings about the time of the accident or injuries shall be considered as evidence of probable earnings during the time of detention. If the books are unavailable, such other evidence shall be furnished as may be required by the Comptroller of The Panama Canal. (See note following Rule 89.) RULE 96. Delays for Which No Responsibility Assumed: The Panama Canal shall not be responsible, nor consider any claim, for demurrage or delays occasioned by landslides or other natural causes, by necessary construction or maintenance work on canal locks, terminals, or equipment, by obstructions arising from accidents, by time necessary for admeasurement, by congestion of traffic, or by any other cause except as may be specifically set forth in these Rules. (See note following Rule 89.) RULE 97. Handling of Wrecked, Injured, or Burning Vessels: When a vessel in Canal Zone waters goes aground, or is wrecked, or is so injured that it is liable to become an obstruction in such waters, or is on fire, the Canal authorities shall have the right to supervise and direct, or to take complete charge of and conduct, all operations which may be necessary to float the vessel, to clear the wreckage, to remove the injured vessel to a safe location, or to extinguish the fire, as the case may be. The Canal authorities may, when necessary, take such action without awaiting the permission of the owner or agent of the vessel, and may require the master of the vessel and all persons under his supervision and control to place the vessel, and all equipment on board, at the disposal of the Canal authorities without cost to the Canal. In the event the vessel is subsequently found and determined to be responsbile for the accident or the condition necessitating action by The Panama Canal, the necessary expenses incurred by the Canal in carrying out the provisions of this Rule shall be a proper charge against such vessel. (See note following Rule 89.) REGULATION 97.1. Fires Aboard Vessels; Port Captain to be in charge of: In case of fires aboard vessels, the Port Captain shall be in complete charge for the purpose of coordinating the various Panama Canal or Panama Railroad functions engaged or concerned. (As added by Governor's Regulation July 26, 1935.) RULE 98. Penalty for Injuring or Obstructing Canal: As provided by section 821 of title 5 of the Canal Zone Code, any person who by any means or in any way injures or obstructs or attempts to injure or obstruct any part of the Panama Canal or the locks thereof or the approaches thereto, shall be punished by imprisonment in the penitentiary for not more than twenty years, or by a fine of not more than $10,000, or by both. And as provided by section 255 of title 5 of the said Code, if any act in violation of the foregoing provisions of this Rule shall cause the death of any person within a year and a day thereafter, the person so convicted shall be guilty of murder and shall be punished accordingly. (See note following Rule 89.) RULE 99. Liability of Vessel for Injury to Canal Structures or Equipment: A vessel, or its owner or operator, shall be held liable for any injury to any structure, plant, or equipment of or pertaining to The Panama Canal when such injury is proximately caused by the negligence or fault of the vessel or its master or crew. No vessel shall make fast, or run any line, to any marker, buoy, beacon, or other aid to navigation; and a vessel shall so navigate as not to strike such aids in passing. (See note following Rule 89.) RULE 100. Spark and Smoke Hazard: While within Canal Zone waters, vessels shall take necessary precaution to avoid the issuance of sparks or excessive smoke, and vessels shall be held liable for injuries caused by the issuance therefrom of sparks or excessive quantities of smoke. (See note following Rule 89.) RULE 101. Collection of Damages from Vessel Owner: In case of injury to any Canal structure, plant, or equipment occasioned by a vessel under the circumstances specified in Rules 99 and 100, the matter of damages shall be adjusted by mutual agreement when practicable between The Panama Canal and the owner, agents, or underwriters of the vessel; and in case of disagreement, the vessel or its owner or operator shall be proceeded against in the United States District Court for the District of the Canal Zone. (See note following Rule 89.) CHAPTER VIII Quarantine (See 4, 7, 8, 10, 10.1, 10.2, 10.3, 12, 12.1, 13, 25.) RULE 102. Division of Quarantine: The Division of Quarantine of the Health Department shall be under the jurisdiction of the Chief Health Officer of The Panama Canal and shall be administered by a Chief Quarantine Officer and quarantine officers appointed by the Governor. The Division of Quarantine is hereby charged with the enforcement of quarantine rules and regulations in Canal Zone waters and in the harbors of Panama and Colon, Republic of Panama, and on vessels present in those waters and harbors. It is hereby authorized to adopt such measures in regard to vessels, crews, passengers and cargoes, as may be necessary to protect the Canal Zone and the cities of Colon and Panama, Republic of Panama, from quarantinable diseases of men and animals; to grant pratique; to certify bills of health; to carry out, at the request of the interest controlling a vessel, any sanitary measures necessary to put the vessel in such condition that it may leave port with a clean bill of health; and to perform such other duties' as may be assigned to it by proper authority. (The Division of Quarantine is now known as the Division of Quarantine and Immigration.) RULE 103. Penalty: The penalty for violating any of the quarantine rules herein established shall be a fine not exceeding five hundred dollars ($500) or imprisonment in jail not exceeding ninety (90) days, or both such fine and imprisonment. (See Canal Zone Code, title 2, section 373.) RULE 104. Arriving Vessels to be in Quarantine: All vessels, together with their crews, passengers and cargo, arriving at the ports of the Canal Zone, or of the cities of Panama and Colon, Republic of Panama, except vessels clearing from ports of the Republic of Panama which are known by the quarantine officer to be free from quarantinable disease, shall be in quarantine until released therefrom by the quarantine officer. A yellow flag shall be flown at the foremast of a vessel in quarantine until permission to lower it is granted by the quarantine officer. REGULATION 104.1. Quarantine Officers' Procedure on Boarding: In making quarantine inspection of a vessel, certificates of a sanitary nature, clinical records of all cases treated during the voyage, cargo manifests, crew and passenger lists, the ship's log, and any other records considered necessary, may be examined by the quarantine officer. The crew and passengers may be inspected and checked with the lists. (As amended by Governor's Regulation March 15, 1945.) RULE 105. Restrictions while Vessels are in Quarantine: Except with the permission of the quarantine officer no floating craft shall be brought within 200 yards of any vessel that is in quarantine; no vessel in quarantine shall be docked; no person or article shall be allowed either to go aboard or to leave a vessel in quarantine. Any person or vessel violating this Rule shall be subject to such quarantine measures as the quarantine officer may direct; and, in addition, any person violating the Rule shall be liable to the penalty prescribed by Rule 103. REGULATION 105.1. Movement of Vessels in Quarantine: Vessels in quarantine shall not be moved without the consent of the quarantine officer. RULE 106. Duties of Masters at Quarantine Inspection: When a vessel in quarantine is boarded by the quarantine officer, the master thereof shall submit to the quarantine officer such lists, statements, certificates and other papers as may be required by regulations prescribed by the Governor. The master shall arrange for such inspection of the vessel, cargo, crew and passengers as may be required by the quarantine officer, and shall comply with all instructions from the quarantine officer regarding detention of crew and passengers, disinfection, fumigation, and other sanitary matters. REGULATION 106.1. Assemblage of passengers and crew for inspection: The master at the time his vessel is boarded shall be prepared to assemble the passengers and crew for immediate inspection by the quarantine officer in case such inspection should be required. (As amended by Governor's Regulation September 9, 1939, prescribed by the Governor under authority of Rules 9 and 106.) RULE 107. Sworn Statement in Lieu of Complete Inspection: At the discretion of the quarantine officer, a written statement, attested under oath by the master of the vessel and by the surgeon, if any, may be accepted in lieu of the complete quarantine inspection or of any part thereof. RULE 108. Pratique: The quarantine inspection having been completed, the quarantine officer shall grant either free pratique or provisional pratique, or shall detain the vessel in quarantine. Free |