CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 13, 7 December 1863, Page 6 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The following-directions and regulations of tbe Chief Mariiie' Board of New Zealand are taken from' the LytteVon Times : — To all ' Harbor Masters and Pilots In their respective Port, iv tho Islands of New Zealand,— Your attention is hereby directed and enjoined lo the following clauses of the existing laws and regulations :— The Marine Board Act, 1862. XXVIT. In any port nf tho colony where no Marino Board shall have been constituted as hereinafter provided, and until some Marine Board shall be so constituted, the Chief Marine Board shall have all such powers ami exercise all such duties and functions ns are or mny be conferred upon any Board by the " Steam Navigation Act, 1862," or by any Act which may hereafter be passed by lite Legislature of tho colony for the same or similar purposes^ XXXIII. It sha'l be lawful for the Superintendent aud Provincial Council of any province, -by- Act or Ordinance to be passed on thai behalf before the thirty-first day of December, in the year 1863, to constitute f«r any port within such province a Marine Board, and to distinguish each Board by such name as may seem fit, and to confer upon such Board any powers, duties and functions subject to the provisions of this Act, and to give power to the Superintendent of tho province to define the limits of jurisdiction of any such Board within the province; provided that every such Actor Ordinance shall be reserved for the Governor's assent. 11. In the construction and for the purposes •of this Act. and of all proceedings under this Ac/, the following words shall have the mean ings hereinafter assigned to them, unless there is something in the context of the Act repugnant to such construction: — " Board " shall moan the Marine Board of the port in relation to which the term is used. " Warden " shall include Master Warden. "Port shall extend to nnd include frny port, harbor or haven or navigable creek or river within the jurisdiction of the Boards respectively. " Wharf" shall extend to and include any public wharf, quay or pier, or any place used f>r the landing of poods or passengers, situate within any " Port," the management of which is otherwise provided for by law. "Collector of Customs" shall include the person acting as such at the port in respect of* which the term is used., "Harbor Ma9ter" shalt extend to and include any Deputy Harbor Master or person for the time being acting as sue Harbor Master or Deputy. "Master" 6hall extend to and include the person, not being a pilot, commanding or for the time being h iving the principal or actual charge, custody o. control of a vessel. " Colonial Ports " shall mean nil porfs within the colony, and within tbe Australian colonies. "Colonial Trader" shall mean and intend a vessel the master of which has at any time made more than two consecutive voyages to and fro between the port in this colony in which tho vessel may be and any other roloniul port, and which is actually trading between colonial ports. Steam Navigation Act, 1562. 11. In the interpretation of this Act tinwords " the Board *' shall mean the Marine Board having jurisdiction under the New Zealand "Marine Board Act, 1862," in or over the harbor or place within tho limits of which it may be necessary to exercise the powers of this Act, or any nf them ; and the words "River Service " shall mean such service on any river, creek, bay or arm of the sea as shall be declared by the Board to be a River Service XXVJI. It shall be incumbent on all steam vessels, sailing vessels and vessels at anchor to carry and display the several lights and signals presciibed for the respective vessels by the Imperial Board of Admiralty, in a notice rf-»~ 1 ' the twenty-fourth dav of Fe{>--- ; '' 'j* s3 ; , or c-K, i;_.u. j -.•„.. A rs as shall be fixed Deregulation as next hereinafter provh'e 1. 'XXVIII. It sh.aU be lawful for the Governor in Council, by an order to that effect, to prescribe any and what provisions or changes shall he made iv respect lo the following equipments, matters and things relating to vessels, viz.: — The fittings and equipments of boats. The anchors and mooring or ground tackle on board vessels. The valves or other parts of the boilers, engines, or machinery of steamers. The lights to be carried, and signals to b« made or displayed, and generally to regulate all the details of the outfit of steamers and other vessels within the colony, and all such orders when published in the Government Gazette sh.dl have the force of law. Provided that no such changes shall be prescribed unless the same shall have Lcji) made or recommended to be made by the Board of Trade of the United Kingdom. Merchant Shipping Act. 291. The fourth part of this Act shall apply to all British ships : and all foreign steamships carrying passengers between places in the United Kingdom, shall be subject to all the provisions contained in the fourth part of this Act, and likewise to the sameprovisions with respect to the certificates of the masters and mates thereof to which British steam ships are subject. 547. The legislative authority of any British possession shall have power, by any Act or Ordinance confirmed by Her Majesty in Council, to repeal, wholly or in part, any provisions of this Act relating to ships registered in such possession ; but no such Act or Ordinance shall take effect until such approval lias been proclaimed in such possesion or until such time thereafter as may be fixed by such Act or Ordinance for the purpose. 295. The following rules shall be observed with regard to lights ond fog signals : (that is to say) (1) The Admiralty shall from time to time make regulations requiring the exhibi tion of such lights by such classes of ships, whether steam or sailing ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vary the same. (2) The Admiralty may, if they think fit, make regulations requiring the use of such fog signals, by such classes of ships, whether steam or sailing ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vary the same. (3) All regulations made in pursuance of this section shall be published in the London Gazette, anrl shall come into operation on a day to be named in the • Gazette in which they are published, aud the Admiralty shall cause all such regulations to be printed, and shall furnish a copy thereof to any owner or master of a ship who applies for the same, and production of the Gazette containing such regulations shall be sufficient evidence ot the due making and purport thereof. (4} Al) owners and masters shall be bound to to lake notice of the same, and shall, so loi>g as the same continue in force, exhibit such lights, and use such fog signals, at such times, within such places, in such manner, and under such circumstances as are enjoined by such regulations, and shall not exhibit any olber lights or use any other fog signals; and hi case of default the master or owner of the ship, if it appears that he was hi fault, shall for each occasion upon which such regulations are infringed, incur a penalty not exceeding twenty pounds. 29F, Tf in any case of edition if appears to

the court before which the case is tried that such collision wus occasioned by the nonobservance of any rule for the exhibition of lights or. the use of fog signals issued in pursuance of the powers hereinbefore contained, or of the foregoing rule as to the passing of steam and sailing ships, or of the foregoing rule as to ■ a steam ship keeping to that side of a narrow channel which lies on the starboard side, the owner of the ship by which such rule ha* been infringed shall not be ent ; tled to recover any recompense whatever for any -damage sustained by such ship in such collision, unless it is i shown to the satisfaction of the court that the circumstance, cf the case mat- a departure from the rule necessary. 29D. In case any damage to person or property arises from the non-observance by any ship of any of the said rules, such damage shall be deemed to have been occasioned by the wilful default of the person in charge of the deck of such ship at the time, unless it is shown to the satisfaction of the court that the circumstances of. the case made a departure from the rule necessary. Regulations for Preventing Collisions at Sea, issued by the BoaTd of Trade of the United Kingdom, supersede those prescribed hy the Imperial Board of Admiralty dated the twenty, fourth day of February, 1858; and most particularly to Articles 2, 20 and the final one. Preliminary. Article 1. In the following Rules every Steam Ship which is under Sail and not under Steam is to be considered a Sailing Ship, and every Staam Ship which is under Steam, whether under Sail or not, is to be considered a Ship under Steam. KULES CONCERNING LIGHTS. Lights. Article 2. The Light mentioned in the following articles numbered 3, 4-, 5, 6, 7, S and 9 and no others, shall be carried in all weathers from Sunset to Sunrise. Lipids for Steam Ships. Article 3. Seagoing Steam Ships, when under weigh, shall carry : — a. At the Foremast Head, a bright White Light, so fixed as to show an uniform and unbroken Light over an Arc of the Horizon of 21) Points of the Compass, so fixed as to throw the Light 10 Points on earh Side of the Ship, viz. from right ahead to 2 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, 6. On the Starboard Side, a Green Light, so constructed as to throw an uniform and unbroken Light over an Arc of the Horizon of 10 Points of the Compass, so fixed as to throw the Light from right ahead to 2 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. On the Port Side, a Red Light, so constructed as to show an uniform and unbroken Light over an Arc of the Horizon of 10 Points of the Compass, so fixed as to throw the Liuht from right ahead to 2 Points abaft the Beam on the Port Side, and of such a character as to be visible on adaik night, with a clear atmosphere, at a distance of at least Two Miles d The said Green anrl Red Side Lights shall be fitted with inboard Screens, projecting at least Three Feet forward from the Light, so as to prevent these Lights from being seen across the Bow. Lights for Steam Tugs. Artrcle 4. Steam Ships, when towing other Ships, shall carry Two brig-lit White Mast Head Lights, vertically, in addition to their Side Lights, so as to distinguish them from other Steam Ships. Each of these Mast Head Lights shall be of the same construction and character as the .Mast Head Lights which other Siteavn SKipo »-- -=^„---nJ t n r>»rrv. Lights for Sailing Ships. Article 5. Sailing Ships under weigh, or being towed, 'shall carry the same "Lights as Steam Ships under weigh, with the exception of the White Mast Head L-ghts, which they shall never carry. Exceptional Lights for Small Sailing Ships. Artirle 6. Whenever, as in the case of small vessels during bid weather, the Green and Red Lights cannot be fixed, these Lights 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 the'r 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 mike the Use of these portable Lights more certain and easy, the Lanterns containing tliein shnll eni-h V>e pa : nt<?ct Outside with the Colour of the L ; ght they respectively contain, and shall be provided with suitable Screens. Lights for Ships al Anchor. Article 7. Ships, whether S earn Ships or Sailing Ships, when at Anchor in Roadsteads or Fairways, shall exhibit, where it can be->t 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 unbrokrn Light visible all round the Horizon, and at a distance of at least One Mile. Lights for Pilot Vessels. Article 8. Sailing Pilot Vessels shall not carry the Lights required for other Sailing Vessels, but shall carry a White Light at the Mast. Head, visible all round the Horizon, and shall also exhibit a Flare-up Light every Fifteen Minutes. Lights for Fishing I'essels and Boats. Article 9. Open Fishing Boats and other Open Boats shall not be required to carry the Side Lights required for other Vessels, but ■ shall, if they do not carry such Lights, carry a Lantern having a Green Slide on the one Side and a Red Slide on tho other Side, and on the approach of or to other Vessels, such Lantern shall be exhibited in sufficient time to prevent Collision, so that the Green Light shall not be seen on the Port Side, nor the Red Light on the Starboard Side. Fishing Vessels and Open Boats when at Anchor or attached to their nets and stationary, shall exhibit a bright White Light. Fishing Vessels and Open Boats shall however, not be prevented from using a Flare-up, in addition, if considered expedient. RULES CONCERNING TOG SIGNALS. Fog Signals. Article 10. Whenever there is Fog, whether by Day or Night, the Fog Signals described below shall be carried and used, and shall be sounded at least every Five Minutes, viz.: — a. Steam Ships under weigh shell use a Steam Whistle placed before the funnel, not less than eight feet from the deck. b. Sailing Ships nnder weigh shall use a Fog Horn. c. Steam Ships and Sailing Ships when not under weigh shall use a Bell. STEERING AND SAILING RULES. Two Sailing Ships Meeting. Article 11. If Two Sailing Ships are meeting end on or nearly end on, so as to involve Risk of Collision, the Helms of both shall be put to Port, so that each may pass on the Port Side of the other. 1 wo Sailing Ships Crossing, Article 12. When Two Sailing Ship 3 are Crossing, so as to involve Risk of Collision, then, if they have the Wind on different Sides, the Ship with the Wind on the Port Side shall keep out of the Way of the Ship with the Wind on the Starboard Side; except in the case in which the Ship with the Wind on the Port Side is close hauled and the other Ship free, in which case the latter Ship shall keep out of the Way ; but if they have the Wind on the same Side, or if One of them has the Wind aft, the Ship which is to Windward sha'l keep

out of the Way of the Ship which is to Leeward. Two Ships under Steam Meeting. Article 13. If Two Ships under Steam are meeting tod oa or nearly End on so as to involve Risk of Collision, tho Helms of both shall be put to Port, so that each may pass on the Port Side of the' other. Two Ships under Steam Crossing. Article 14. If Two Ships under Steam are crossing so as to involve Risk of Collision, the Ship which has the other on her own Starboard Side shall keep out of the Way of the other. Sailing Ship or Ship tinder Steam. Article 15. If Two Ships, one of which is a Sailing Ship and the other a Steam Ship, are proceeding in such Directions as to involve Risk of Collision, the Steam Ship shall keep out of the Way of the Sailing Ship. Ship under Steam to Slacken Speed. Article 16. Every Steam Ship when approaching another Ship, so as to involve Risk of Collision, shall Slacken her Speed, or, if necessary, stop and reverse; and every Steam Sliip shall, when in a Fog, go al a moderate Speed. Vessels Overtaking other Vessels. Article 17. Every Ves«el overtaking any other Vessel shall keep out of the Way of the said last-mentioned Vessel. Construction of Articles 12, 11, 15 and 17. Article 18. Where by the above Rules one of Two Ships is to keep out of tin Way, tlie other shall keep her Course, subject to the Qualifications contained in the following Article. Proviso to Save Special Cases. Article 19. In obeying and construing these Rules, due repaid must he had to all Dangers of Navigation ; and doe regard must also he had to any Special Circumstances which may exist in any particular case, rendering a Departure from the above Rules necessary in order to avoid immediate Danger. No Ship tender any Circumstances to Neglect Proper Precautions. Article 20. Nothing in these Rules shall exonerate any Ship, or the Owner or Alaster or Crew thereof, from the Consequences of any Neglect to carry Lights or Signal*, or of any Neglect to keep a proper Look Out, or of the Neglect of any Precaution which may be required by the Ordinary Practice of Seamen, or by the Special Circumstances of the case. Steam Naviation Act, 18G2. XL. If in any Legal Proceeding under this any question arises whether any vessel is or is not within tlie provisions of tbis Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced. The Marine Board Act, 1862. LVJ. If any person fails, refuses or neglects to do, or in any manner obstructs, impedes or interferes with the doing of anything enjoined or authorised to he done, or wilfully does anything prohibited by this Act, or molests or makes use of any threatening or abusive language lo any Warden, Harbor Master, Pilot or other Offif-er, whilst in tho execution of hi.-* duty under this Act, or in any other respect offends against any of the provisions of this Act, or any regulation duly made under authority of this Act, every such person in any such case so offending, shall, where no other penalty is in that behalf specially provided, forfeit a penalty not exceeding Fifty Pounds, LXIII. Any Harbor Master or other Officer or person who refuses or neglects to perform any duly imposed on him by this Act, or by any regulations made and issued under the authority of this Act,orwho, through negligence or drunkenness, does or occasions any injury to a vessel or to the tnckle or furniture thereof, or who, while in the execution of his duty as such Harbor Mister, makes use of any threatening or abusive language to the master of any vessel, shall forfeit a penalty not exceeding Fifty Pounds. T.XXII. A" Rules and Regulations made under the Ordinances »i.i~u .._„ ;,, (■.,___ ,„hon this Act eotnes into operation, shall continue in force as if made under this Act, until revoked or altered under the Authority of this Act, and no longer. Your attention js particularly directed and enjoined to the whole of the Regulations issued by the Board of Trade [see before], directed to be published for general information by the Honorable the Colonial Treasurer (a Warden of this Board), and most particularly to its last clause. The above Regulations apply to all ships, whatever their nationality, within the limits of British jurisdiction, and to British and French ships whether within British jurisdiction or not. Having examined and compared these clauses, you will perceive that by the Acts of the General Asse-nbly — to wit, ''The .Marine Board .Act" and " Steam .Xavi^ation Act" of 1862, clauses XXVII and XXVIH, careful provision was made to incorporate all the laws then existing under Imperial authorities into those which have since received Her Majesty's assent ; a'so for the immediate adoption of all such modifications and changes as might from time to time b- issued and proclaimed in the London Gazette, under the authority of the Board of Trade in the United Kingdom. By a comparison of the former Regulations issued by the Imperial Board nf Admiralty, iv 185R, with those which were Gazetted in May last, issued hy the Board of Trade of the United Kingdom, you will perceive that the language of the law now iv force is much more literal, far more comprehensive and emphatic, and in the same ratio less possible of misconstruction. You will understand that the Regulations now in force, like those they replaced, are ndilressed to His Excellency the Governor-in-Chiel'; it is incumbent, therefore, upon all Harbor Masters and Pilots who exercise their authority over and in their respective ports by virtuo of the Governor's warrants, to see tho same enforced. The Harbor Regulations fully provide for the internal economy and order of the ports to which they respectively apply. As any departure from " The Regulations Issued by the Board of Trale" may be fraught with the most disastrous consequences, you are directed and enjoined to immediately lay informations against all parties who may be guilty of such departure or evasion, that they m*y he brought before a competent tribunal,- until this is done, by silently permitting any such departure or evasion, the officers of the Colonial Government render themselves obnoxious to the charge of being aiders and abbettors in the place of being piotectors to the public. ROBERT GREAVES, Warden and Treasurer, Chief Marine Board.