CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 16, 14 December 1863, Page 6 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The following directions and regulations of the Chief Marine Board of New Zealand are taken from the Lyttelton Ti.ncs : — To all Harbor Mas'ers and Pilots in their respective Ports in the Islands of New Zealand, — Your attention is hereby directed and enjoined to the following clauses of the existing laws and regulations : — The Marine Board Act, IS6L XXVII. In any port of (he colony where no Marine Board shall have been constituted as hereinafter provided, and until some M.ir'ne Board shall be so constituted, the Chief Marine Board shall have all such powers and exercise till such duties and functions as ar« or may be (•'inferred upon «ny Board by the '• Steam Navigation Act. ISG2," or by nny Act which may hereafter brf passed by the Legislaure of the cnlony for the same or similar purposes. XXXIII. Ii shall be lawful for the Superintendent aud Provincial Council of any province, by Art or Ordinance to he pa- seel on that behalf before the thirty-first day of December, in the year 1 803, to constitute foi< any port within such province a Marine Hoard, and Co distinguish each JJn.-ml by such mime as may seem fit, and to confer upon such Board any powers, duties and functions subject to tinprovisions of this Act, and to give power to tlie Superintendent of the province to define the limits of jurisdiction of any such Board within the province; provided that every such Act or Ordinance shall be reserved for the Governor's assent. 11. In the construction and" for the purposes of this Acr, and of all proceeding's under this Act, the following words shall have the meanings hereinafter assigned to them, unless there is something in ihe context of the Act repugnant to siich construction: — " Board " shall mean the Marine Board of the port in relation to which the term is used. " Warden '' shall include Master Warden. " Port shall extend to and include any port, harbor or haven or navigable creek or river within the jurisdiction or the Boards respectively. "Wharf" shall extend to and include any public wharf, quay or pier, or any place used for the landing of goods or passengers, situute 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 wliich tlie term is used. "Harbor Master" shalt extend to and include any Deputy Harbor Master or person for the time being acting as sue Harbor Master or Deputy. "Master" shall extend to and include the peisnn, not being a pilot, commanding or for the time being having the principal or actual charge, custody or control of a vessel. "Colonial Ports" shall mean all ports within tlie colony, and within the Australian colonies. " Colonial Trader" shall moan and intend ;i vessel the master of which has at h-iv time made more than two consecutive voyages to and fro between the port in this colony in which the vessel may he and any other colonial port, and which is actually trading between colonial ports. Steam Navigation* Acr, ISG2. 11. In the interpretation of this Act the words "the Board" shall mean tlie Murine Board having jurisdiction under the New Zealand "Marine Board Act, 18b'2," in or over tlie harbor or place within the limits of which it may be necessary to exercise the power* of ibis Act, or any of r hem ; and tlie words '■River Service " shall mean such .service on *inv -river, creek, bay or arm of th- 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 prescribed for the respective vessels by the Imperial Board of Admiralty, in a no! ice dated the twenty-fourth day of February, 18:58, or such light and signals as shall be fixed by regulation as next hereinafter provided. XXVUI. It shall he lawful for the Governor in Council, hy an order to Uutt effort, to prescribe any and what provisions ov changes shall be made in respect to tbe following equipments, matters and things relating to vessels, viz.: — Tlie fittings and equipments of boats. The anchors and mooring or ground tackle on hoard vessels. The valves or other parts of the boilers, engines, or machinery of steamers. The lights to be carried, and signals to he made or displayed, and generally to regulate all the details of tlie outfit of steamers and other vessels within the colony, and all such orders when published in the Government Gazette shall have the force of law. Provided that no such changes shall he prescribed unless the same shall have been made or recommended to be made by the Board of Trade of the United Kingdom. Merchant SnirviNG Act. 291. The fourth part of this Act shall applyto 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 par! of this Act, and likewise to the same provisions with respect to the certifica'es of the masters and mates thereof to which British steam ships are subject. 547. The legislative authority of any British possession shall have power, hy nny Act or Ordinance confirmed by Her Majesty in Council, to repeal, wholly or in part, any provisi. ns of this Act relating to ships registered in such possession ; but no such Act or Ordinance shall take effect until such approval has been proclaimed in .such possesion or until such time thereafter as may be fixed by such Ac! or Ordinance for the purpose. •><>',. The following rules shall be observed with regard to lights and fog signals: (that is to say) (1) The Admiralty shall from time to time make regulations requiring the cxhibi tion of sucli 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, hy 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 he published in the London Gazette, and shall enme into operation on a day to be named in the Gazette in which ihey are published, and 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 o} the due making and purport thereof. (4) All owners and masters shall be bound lo to lake notice of the same, anil shall, so long as the same continue in force, exhibit such lights, nnd 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 anyother lights or use any other fog signals; and in case of default the master or owner of the ship, if it appears that he was in fault, shall for each occasion upon which such regulations are infringed, incur a penalty not exceeding twenty pounds. 298. If in any case of collision it appears to

tho court before which the case is tried that such collision wa> 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 has been infringed shall not be entitled to recover any recompense whatever for any damage sustained by such ship -in such collision, unless it is shown to the satisfaction of the court that the circumstances of the case marie a departure from the rule necessary. 291). 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 tbe pet son 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 Phkyenting Collisions at Ska, issued by the Bonrd of Trade of the United Kingdom, supersede those prescribed by the Imperial Board of Admiralty dated the twentyfourth day of February, loots; and most particularly to Articles 2, 20 and the final one. Preliminary. Article 1. In tbe following Rules every Steam Ship which is under Sail and not under Steam is lo be considered a Sailing Ship, and every Sta.im Ship which is under Steam, whether under Sail or not, is to be considered a Ship under Steam. HULKS CONratNING T.IUUTS. Lojh's. Article 2. Tbe Light mentioned in the following articles numbered .'!, 1-. o, (I, 7, S and !) and no others, shall he carried in all weathers from Sunset to Sunrise. JAiqltts for Steam S/n'jis. Article •'}. Seagoing Steam Ships, when under weigh, shall carry : — (i. At the Foremast Head, a bright *A'hi:e Lh'ht, so fixed as to show an uniform and unbroken Light over an Arc of the Horizon id' 2o Points of tlie Compass, so fixed as to throw the Light 10 Points on ea<h Side of the Ship, viz. from right ahead to 2 Points abaft the Beam on cither Side, and cd' such a character as lo be ■isible on a dark night, with a clear atmosphere, at a distance of at least Five Miles. ti. On the Starboard Side, a Green Light, so constructed ns to throw an uniform ami unbroken Light over an Arc of the Horizon of 10 Points of the Co-np iss, so fixed as to throw the Light from right ahead to 2 Points abaft the Beam on the Starboard Side, aud 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 tbe Port Side, a Red Light, so constructed as to show an uniform and unbroken Light over an Arc of the Horizon of Id Points of the Compass, si fixed ns to throw ihe Light from right ahead to 2 Points abaft the Beam on the Port Side, and of such a character as to be visible on a dark ni-jht, with a clear atmosphere, at a distance of at least T« o Miles d The said Green and Red Side Lights shall be fitted with inboard Screei s. projecting at least Three Feet forward from the Light, so as to prevent these Lights from being seen across the Bow. l Anti's for Steam Tugs. Article 4. Steam Ships, when towing other Ships, shall carry Two bright White Mast Head Lights, vertically, in addition to their Side Lights, so as to distinguish them from other Steam S-iips. Each of these Mast Head Eights shall be of the same const ruction and character as the Mast Ilea. l Lights which other Steam Ships are required to carry. Lights for Sailing Ships. Article 5. Sailing Ships under weigh, or being towed, shall cam- the same Lights as Steam Ships under weigh, with the exception of the White Mast Head L'ghts, which they shall never carry. Eri-rplionnl Lights for Smut' Sailing Shi/ii. Article (i- Whenever, as in the case' of small vessels during had weather, the Green and Red r.ights cannot be fixed, these Lights shall he kept ou Deck, ou their respective Sides of the Vessel, ready for instant F.xhihhhm. and shall. on tbe approach of or to other Vessels, he exhibited on iheir respective Sides m sufficient Time to prevent Collision, in such manner as to make them most visible, and so that the Green Ligh 1 shall not be s-i-n on the Port Side, nor the Red Eight on the Starboard Side. To make the Use of these portable Lights more certain and easy, the Lanterns containing them shall each be painted Outside with the Colour of the 1/ghi they respectively contain, and shall he provided with suitable Screens. Lights j',,r Shi pi at Author. Article 7. Ships, whether Steam Ships or Sa''ling Slops, when at Anchor in 110 ulstcads or Fairways, shall exhibit, where it can best be seen, but at a Height not exceeding Twenty Feet above the Hull, a White Li^ht, in a Globular Lantern of Ivght 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. 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 ail round the Horizon, and shall also exhibit a Flare-up Light every Fifteen Minutes. Lif/hts for Pishing Vessels and ]lo(its. Article 9. Open Fishing 80.-.ls and other Open Boats shall not he required to carry the Side Lights required for other Vessels, but shall, if they do not carry such Lights, carry a Lantern having a Gieeu Siide on the one Side and a Rod Slide on the 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 he 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 he pi evented from using a. Flare-up, in addition, if considered expedient. RULES COXCBK.VI.VO I'OC SK..V.U.S. Fog Signals. Article 10. Whenever there is Pog, 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 shidl use a Steam Whistle placed before the funnel, not less than eight feet from the deck. b. Sailing Ships under weigh shall use a Fog Horn. c. Steam Ships and Sailing Ships when not unler weigh shall use a Bell. STKKRI.VO AND SAILINO RUI.KS. Two Sailing Ships Meeting. Article IE If Two Sailing Ships are meeting end on or nearly end on, so as to involve Risk of Collision, the Helms of both shall he put to Port, so that each may pass on the Port Side of tlie other. 2?/-o Sailing Ships Crossing. Article 12. "When Two Sailing Ships 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 Wine uft, the Ship which is to Windward shall kced

out of the Way of the Ship which is to Leeward, Tiro Ships under Steam Meeting. Article 13 If Two Ships tinder Steam are meeting find 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. Tiro Ships under Steam Crossing. Article 1-1. If Two Ships under Steam are crossing so as to involve Risk of Collision, the Ship which lias ihe other on her own Starboard Side shall keep out of the Way of the oilier. Sailing Sh,p or Ship under Strain. Article 15. If Two Ships, one of which is n Sailing Ship and ihe other a Steam Ship, are proceeding iv such Directions as to involve Risk of Collision, the Steam Ship shall keep out of tlie Why of the Sailing Ship. S'/ip under Steam to Si ark :' a Speed. Article l(i. Every Steam Ship v hen approaching another Ship, so as to involve Risk of Collision, shall Slacken her Speed, or, if necessary, stop and reverse; and every Steam Ship shall, when in a Fog, go at a moderate Speed. Vessels C/rcrtakiiKl other Vessels. Article J7. Every Vessel overtaking any oilier Vessel shall keep out of the Way of the said last- mentioned Vessel. Construction of Articles 12, 1 1, 1"> and 17. Article IS. Where by tlie above Rules one of Two Ships is to keep out of the Way, the other shall keep her Course, subject to the Qualifications contained in the following Article. J'roriso tn Save Ca sex. .Article 19. In obeying and consti tiiri£r these Rules, due regard mil'! he had to all Dangers of Navigation ; and due regard must ul.su be had to any Special Circumstances which may exist in any particular case, rendering a Departure from the above Utiles necessary in onler to avoid immediate Danger. Ai'o Ship und'-r an;/ ( 'i reams/ a tires to Xegleet J'riijicr Precautions. Article 20. Nothing in these Rules shall exonerate any Ship, or the Owner or Mister or Crew thereof, from the Consequ-nees of any Xoglecl to carry I.i^hls or Signals, or of nny Neglect to keep a proper Lord.- Dot, or of the Neglect of any Precaution which may he required by the Ordinary Practice of Seamen, or by tbe Special Circumstances of tbe case, Stfa.h Xayiation Act. lSf>2. XL. If in any Legal Proceeding under this any question arises whether any vc>-cl is or is not within the provisions of this Act, such vessel shall bo taken to he within such provisions, unless proof to ihe contrary is adduced. Tin-: Marine Boaud Act, 1 * "■ -2 . LVI. If any person fails, refuses or neglects to do, or in any manner obstructs, impedes or interferes with the doing of auyi hing enjoined or authorised to be done, or wilfully does anything prnhibiled by this Act, or mo'.esls or makes use of any ilnealening or abusive language to any Warden, ii arbor Master, Pilot or oilier Ollicer. whilst in the execution ol his duty under this Act. oriu any other rcsp-ct offends against any id' the pro- i>iuns of this Act, or any regulation duly made under authority of tliis Art, 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 otliPf Officer or person who refuses or neglects to perform any tlnlv imposed oo him by this Act, or by illlV 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 tackle or furniture thereof, or who, while in the execution of his duly as such 1 1 arbor Masler, makes use of any threatening or abusive language to the master of a.iy vessel, shall forfeit :i penalty nut cxceeiliny I'll impounds. LXXIT. All Ix'-iles and Regulations male under the Ordinances which are in l'nce when this Act comes into opera t mo. shall continue in ioiee as if untie under this Act. until revoked or altered under the Authority of this Act, and no longer. Your attention is particularly directed and enjoined to the wind.! of the Regulations issued by the Hoard of Trade [see' befoie'j. direct-d to be pu'd isln-d for general inform. i tion by ihe 1 Imorabie ihe Colonial Treasurer (a Warden of this Poardh and most pat tieulai ly l,i its Usi clause. The above Regulations apply to all ships, whatever their nationality, witliin the limits of British jurisdiction, and to British and French ships whether within British jurisdiction or not. Having examined and compared these clauses, von will perceive that hy ihe Acts of tho Geneial Assembly— to wit, '■ The M arino Bn.tnlAet" and " Steam Navigation Act" ot ISli'J, clauses XXVI [ and XXVIII. careful provision was made to incorporate all ihe lav\.s then existing under Imperial authorities into those which have since received Her Majesty's assent; also for the immediate adoption of all such modifications and changes as might from time to time he issued and proclaimed in the I.mat-oi Ct.-^r'fr; under the authority of the Board of Trade in the United Kingdom. By a comparison of the former Regulations issued by the Imperial Board of Admiralty, in IS-jK, with those which were Gazetted in May last, issued by the Board of Trade of the I'uited Kingdom, you will perceive that the language of the law now in force is much more literal, far more, comprehensive and emphatic, and in the same ratio less possible uf misconstruction. You will understand that the Regulations HOW in force, like ihose they replaced, are addressed to His Excellency the < 'ovcriior-in-Chief; it is incumbent, therefore, upon al! Harbor Masteis aud Pilots who exercise their authority over and in t heir respective ports lv virtue of the Governor's wiirr.int-s, to see the same enforced. The Harbor Regulations fully provide futile internal economy and onler of the ports lo which they respectively apply. As any de pat hire from '-The Regulations Issued by the Board of Tra Ie " may he fraught with the most disastrous consequences, you arc directed and enjoined to immediately lay informations against all parties who may he guilty of such departure or evasion, that they may be brought before a compeicnt tribunal; until this is done, hy silently permuting 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 piotcctors to the public. ROBERT GREAVES, Warden and Treasurer, Chief Marine Board.