CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 17, 16 December 1863, Page 5 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The following di ructions :vv\ regulations n f the Chief Marino Boar-l if New Zealand are taken from the Lyttf.ito-i T'iinri .- — ■ To all Harbor Meiers an] Pilots in their respective Ports in the Islands of New Zealand, — Your attention is here.Hv Airrr.lpA ami enjoined to the following clauses of' the existing laws nnd regulations : — Tiik Marine Board Act, 18G2. XXVI F. 11l any port of the colony where no Marina lionnl shall liav« lipen constituted as hereinafter ])roviil' i d, nn<i lintil some Marine Board shall he so rnnsiitutPil. the. Chief Marine Ritard shall have all surh powers ami exercise nil sucli ilutifs and mneiions as are or may he conferred upon miy Board by the. " Steam Navigation Act, ISG2," <~>r by any Act which iray hereafter he passed by the Legislature of die colony for the snme or similar purposes. XXXII r. It shaM hn 'lawful for the Superintendent mil Provincial Council of any province, by Act or Onlin.incp to. be pa c s p rl on tl'- at behalf before the thirty-first (lay of December, in ihe year lSo' : s, t(> constitute for any port within such province a Marine Rnard, ami to distinguish each 15<<;inl by snrli name as may seem fit, and to confer upon such Board any powers, duties and funrlions subject to the provisions of ihis Act, and to «ivo power to t tie Supi-rintendiMif. of the province to define the limits of jurisdiction of any such Board within the province; provided flint every such Act t Ordinance shall be reserved for the Governor's assent. IT. In the construction and for the purposes of this AC, and of all proceedings under this Act, tile following words shall have the meanings bore in after assigned to them, unless there is something in the con'ext of the Act repuL'nant to siich construction: — "Board" shall nienn the Marine. Board of the port in relation to which the term is used. " Warden '' .shall include harden. "Tori shall extend to and include nny ]>ort. liarbor or haven or navigable creek or river •■vjiliin the jurisdic'.ion of the Boards respectively. " V\ barf" shall extend to and include any public "liar, quay or pier, or any place UM-'d f.ir tin; laudini; of ftnntU or pas. sender.-, situate within any " I'orl," the lnana^i'ini'nt of which is otherwise provided for by law. "Collector oi' Customs" shall include the person .'ictinu; ;is Mich at the port in lespcet of which the term is used. "Haibor .Master" shnlt. extend to and include any Deputy Harbor Master or person for the time being acting us sue Harbor Master or Deputy. <; Ma.-.ier " slrill extend to and include the person, not beinu' a pilot, commanding or for the time being- having the prineipil or iicriial charge, custody or control of a vessel. "Colonial l'orts " shall mean all ports within the col. my, and within the Australian eo'oniei. " Co'o-.iial Trader" shall mean and intend a vessel the master of which has at any lime made more than two consecutive voyages to anil fro between the port in this colony in which the vessel may be :\;ul ;iuy other colonial port, :-ttid which. i<- actually trading between colonial ports. Ktk\m Navicatiox Act, ]fiC>2. IT. In the intiTprcl;iti"ii of this Act the words ' ; til- 1 Bo ird " shall m;? >n the Marine JJo'iTil Ii - ■ '." i : 1 1^ jurisdiction under the Ts'ew /.i.;Ja;al "Marim- B >;ml Act, 18!>"2," in or over tii'. h:-;rh ("•:•(-.' i- |i!'ire within the limits of which :r ma," '< : "e c ;■--■•". ry \o exorcise the }>ower-« of this Act. or ; : ny of them ; and the woids " River .Service " sh.iii mean sucli scrviov on , any river, ereck, I';ay or arm of the sea as shall be der!::red by li.c '.'/i;;ird to he a River Service XXVJI. It -.;lia,! ho incumbent on all steam vessels. s-.-..'i:i'_- vrs.-el.- «i,w ve^-els r;t r.nchor to r.-arry ami dNplav the several lights a;;;i M^nals presciibed l'->r the r.'S)iect'r, c vessi-is by the Imperial B-i-ir.l ol' Admiralty. in ,\ nctic? dated t!,,. [..ivniy.r.'i.'l'i day i.f Febrii-iry. IS"-, or s'.ieli iiu r lu ::nd signals us shall be ux'-u by j ii'L'i: i ;■ ! \.<:\ ;\< tii-xl hereinafter provided. XXVI II. It shall be lawful for the Governor in Council, by an order to that effect, to prescribe any and what provisions or eli.jnu'es shall be made in respert to the following equipments, n>. liters and things relaling to vessel-,, vi::.: — ■ The fi Minus and equipments ofbo;:ts. The anc'.iors and mooring or ground tackle on board ve-jseis. j The valves or ;>lher pr.rts of the boilers, engines, or m.iebinerv of ste-imers. I The liiih'-; to be carried, and signals to be made or displayed, and general iv to regulate all the defnils of the on! lit if steamers and o'her vessels within the 1 colony, and all sush orders when published in the CnrrniiH-nf ',■■>.:. .'/'■ shall h,r,e tile force of law. Provided that no such chanties shall be p'-e>erii)i(l unless tin; same shall b.-iv lu-cn | mute or reeomnended to be mndc by lil'- 1 Board of 'l'ra-le of the I'nite I Kingdon*.. Mi-:ncif.\NT Siiii'i'iiif; Act. 25)1. The C.nrlb part of t].; s Act sh.ill apply to all liritish ship-; ; nr.d all foreign s(e:m\^!iin-; I cai'ryiug pa'-'sene-ers between places i:t the ; United Kiuu'.loin, shall be subject to ,-Jl | the provisions contained in the fourth part of this Act. an-1 like-.vi.se to the same provision* witli respect to the cerlifie'i'c-; of (he mailers and rinds tliereof to which British steam ships are subject. .■}!?. The. legislative aullvritv r,f any Frit ish possession shall have power, by any Act or Ordinance confirmed by Her Majesty in Council, (o repeal, wholly or in part, any provisions oi" this Act relating lo ships registered in such p 'ssession ; but no such Act or Ordinance shall tak" eflVet until such r.pproval | !>»« I'fr;" l>i-<Hl:,i: : u-:I in sm-li po««.<i.,n or tint il [ sncli lim»«. thi'it'iil'ii'v us nr-iy ho fixed by .such Ael or Ordinance for the purpose. 'i.O.'J. The follo-.vini; ]-,ile« shall be observed with regard to lights ami fog signals : (thut is to say) (1) 'J'he Admiralty shall from time to time make, regulations rerjuirinj; tile cxbibi lion of such lights by such classes of ships, whether steam or sailing ships, within Mic.-h places and under such eircil in stances ;is they think fit, and may from time to ti.ne revoke, alter or vary tlie same. (2) The Admiralty may, if they thin!: fit, make regulaii.ms requiring the use of such fog signals, by sucli classes of fillips, whether steam or sailing ships, within such places and under such circumstances as they think lit, and may from time to tiinu revoke, alter or vary the same. (•") All regulations made in pursuance of this section shall be publish-d in tlie London (Ja^ette, and shall enme into operation on a day to be mimed in the ('ii-ctie in which they are published, and the Admiralty shall cause all such regulations to be printed, and shall furnish a copy thereof to nny owner or master of a ship who applies fur tlie same, and production of the OazeHc containing- such regulations .--hull he sufficient evidence ot the due making and purport thereof. (1) All owners and masters shall be hound to to lake notice of the same, and shall, so long as the same continue in force, exhibit such lights, and use such foi» signals, at such times, within such places, in such winner, and under such circumstances :is arc enjoined by such regulations, and shall not exhibit any other 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 ex'.veding twei.ty pounds. HI 1 ". '1 i'» ail . v c:i - c: °f collision it appears to

the court before which the case- is tried that such collision was 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 contain-ed, or of'.tJie fi«reg-oing rule as to .the passing- of- steam and sailing ships, or of the foregoing rule as to a steam ship keeping to that side »>f a narrow channel which lies on the starboard side, the owner of tbe ship by which such rule ha-s bePti infrinireil shall not be ent'tled 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 ease made a departure from the rule necessary. 29.9. 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 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 i-or Prevkn-ti.'jg Collision's at Ska, issued by the, Board of Trade of the United -. Kingdom, supersede those prescribed by the Imperial Board of Admiralty dated the twentyfourth day .of February, 18-58; and most particularly to Articles 2, 20 and the final one. PrKUJIIXAHV. 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. 11ULES CONCERNING LIGHTS. Lights. Article 2. The Light mentioned in the following articles numbered .", 4, 5, 6", 7, 8 and 9 and no others, shall be carried in all weathers from Sunset to Sunrise. L/ /.- // ts _ i'o r Ster, m S/t ips. Article .'3. Seagoing Steam Ships, when under weigh, shall carry : — a. At the Foremast Head, a bright V'hite Light, so fixed as to show an uniform and unbroken Light over an Arc of the Horizon of '2o Points of tiie Compos, sr > fixed as to throw the Light 10 Points on carh Side of the Ship, viz. from ri<;ht. ahead to 2 Points- abaft the Beam on either Side, and of such a character as to be visible en a dark lr'ght, with a clear atmosphere, at a distance, of at le;ist Five Miles. <>. On the Sun-bon'-d Side, a Green Light, sn constructed as to throw an uniform and unbroken Light over an Arc of the Horizon of 10 Points of the I'omp-iss, so fixed as to throw the Linht from rijjht 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 lua«t Tw:> Miles. c. Oil the 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, E) iixed as to. throw the Liiiht from right ahead to £ Points abaft the Beam on the Port Side, and of such a character as to be visible on a dark nijiht, with a clear atmosphere, at a distance of at least Two Miles d Ths said Green airl Red Side Lights shall be fit tod with inboard Screens, projecting at least Three Pert forward from the Liirlit, so as to prevent these Lights from being seen across the Bow. Jjighfs for S'''nm Tugs. Article-! Steam Ship*, when towinj*- other Ships, shall caiTv Two bright VVliite, .Mast Head Lights, vertically, in addition to their Side Lights, so as tn distinguish thorn from other Steam Ships. KV.ch of these Jia«t Read Lights shall be of the satlic construction and character as the Mast (lead Lights which other Steam Ships are rei|u : ,retl to carry. Lights for S riling Ships. Article 5. Sailing Ships under weigh, or being low<.d, sli^ll carry ti: <"■ same Lights as ' Sieam Sh'ps under weigh, with the cxerption of the White Mast Head Lights, which they shall neve:' carry. K.crep!i.)i,al Lights f>r $»wl l Sailing Ship?. Article G. Whenever, as in the ease of small voxels during had weather, ti.e Green and Red Lights cannot I>p fixed, these Lights shall he kept on Deck, on their respective Sides of the Vessel, re.'Uiy for instant Exhibition, and shall, on the appro-ich of or to other Vessels, be exhibited on their respective Sid;:.s iv sufficient Time to prevent C.'cllision, in such manner us to make them most . visible, and so that the (ir.'L'U Light shall not bo seem, on the Port Side, nor (Ik- R"d Light on the Kt.V.he.iird Side. To mike iht? L"*e of tin's;.- pci-taMe Lights more certain and easy, the Lai-.tci ns containing them shall each Iv painted Outside with the Coiour of the L : t;hr. they respectively contain, and shall he pros ivied with suitable Screens. Lights fur Ships- at Anchor. Article 7. Ship", whether Steam Ships or SViing Ships, when at Anchor in Roadsteads or I- airways, shall exhibit, where it cm best he seen, but at ." T I eight not exeev )in;-; Tivjnty Fwl above the Hull, a" White L'jjht, in a Globular Lantern of Kiglit inciie.-, in Diamvter, and so .--instructed as to show a clear, uniform and unbroken Light visible all round the Horizon, ami at a distance of at least One Mile. Lights for Pi'ot resets. Article f. fviiling Pilot Vessels shall not carry the Lights required for other Sailing Vessels, hut shall carry a While Light at the M^t Head, visible all round the Horizon, and shall also exhibit, a Fiare-up Light every Fifteen Minutes. Lii/hts f->r Fishing Vt"-r,viS and Jioafs. Article J). Open Fishing Boas and other Open lioats shall not be required to carry the Side Lights required for other "S esscls but sh ill. if'they do not carry such Lights, carry a J/-!!|t<.-vn li.->vi:, R ;i Orcra Kli. 1c- 111 llio one Sic! c> ami ,-t lied Kiidn on the oilier Kido, anil Oil the approach of or to oilier Vessels, such Lantern shall Ie exhibited in sufficient time to prevent Collision, so lhat the Green Light shall not be j seen on the Port Side, nor the Red Light on the Starboard Side. l-'ishing Vessels and Open Boats when at Anchor or attached to their nets and stationary, shall exhibit a bright White Light. Filing- Vessels and Open Boats shall however, not be prevented from using a Flare-up, in adlition, if considered expedient. RL'LF.3 CON'CKHNIXO FOG SIGNALS. i r or; Signals. Article 10. "Whenever there is Yog, whether by Dny or Night, the Fog Signals described below shall be carried and used, and shall be sounded at kv.st every Five Minutes, viz.: — j a. Steam Ships under weigh sbull use a j Sit-cim Whistle placed before the funnel, not j less than eight feet from the dock. b. Sailing Ships under weigh shall use a Fog Horn. r. Steam Shins and Sailing Ships when not un.k-r weigh shall use a Bell. STKERIXG AND SAILING RULES. Tiv> Sailing Shij)s Meeting. Article 11. If Two Sailing Ships are meeting end on or nearly end on, *o 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. 'J iro 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 I'o; l MiJn shall keep out of tbe \Vny of the Slfip 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 sH'ue Side, or if One of \Vcni has the Wine ait, the Ship wliicfi is to Windward s>ha-l keed

out of the Way of the Ship which is to Leeward. "J'ioo Shifts wirier Steam Meeting, Article 13. If Two Ships under Steam are meeting End on or nearly End on so as to involve Risk of Collision, the Ffelms of both shall he put \n Port, so that each may pass on the Port Side of -the other. Two Ships under Steam Crossing. Article 14. If TVo Shirts tuider Sleanl are crossing so ns to involve- Risk of Collision, thd Ship which has the other on her ouri Starboard Side shall keep out of the Way of the other. Sailing Ship ok Ship under Steam. Article 15. If Two Ships, one of which is a Sailing .Ship and Hie other a Stram Ship, nn3 proceeding in such Direction* as to involve* Risk of Collision, th* Strain Ship shall keep out of the. Wav of the Sailing Shin. Ship under Steam to Slacken Speed . Article Id". Every StPam Ship when approaching another Ship, sn as to involve Risk of Collision, shall Slacken lier Speed, or, if necessary, stop nn<\ reverse; and every Steam Ship shall, when in a Fog, go at a moderate Speed-. Vessels Overtaking other Vessels. Article 17. Every Vessel overtaking any other Vessel shall keep out of the Way of the said last-mentioned Vessel. of Articles 12, 14, 15 and 17. Article IS. Where by the above Rules one oF Two. Ships is to keep out of the Way,' the other shall keep her Course, subject to the Qualifies* lions contained in the following Article. Proviso to Save Special Cases. Article 19. tn obeying and construing these Rules, <!ne regard must l>e had in all Dangers of Navigation ; and <hie regard must also be had to any Special Circumstances' which may exist in any particular cas-», rendering a Departure from the above Rules necessary in order to avoid immediate Danger. A r o Ship wider any' Circumstances to Neglect Proper Precautions. Article "20. Nothing in these Rules shall exonerate any Ship, fir the Owner or Master or Crew thereof, from the Consequences of any INe^lect to carry Lights or Signals, or of siny 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 hv the. Special Circumstances of the case. StKASi Xaviation Act. ISG2. XL. tf iv any Legal Proceeding under lhi=i any question arises whether any vessel is or is • not within t-he provisions of tins Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced* ■ Tvs .Marine Bo.iud Act, 1802. LVI. If any person fails, refuse* or neglects to do, or in any manner obstructs, impedes or interferes with the cluing of anything enjoined or authorised to be done, or w ilfn Ily does anything prohibited by this Act, or molests or makes use Of any threatening or nbusive liiUKUn^e. lo any Warden, iriuibor Mastf-r, Pilot of oilier Officer, whilst in the execution of bis duty under this Act, or in any oilier respect offends against any of the provisions of this Act, or any re^ulatum duly made under authority of ibis Act, every such person in any such case so offending, shall, where no other penally is in that behalf specially provided, forfeit a penalty not exceeding Lilly Pounds. LXIIT, Any Harbor Master or other Officrr or person who refuses or neglects to perform any duty imposed oo him by this Ac, or by : any regulations mode and issued under the authority of this Act, or who, through negligence or drunkenness, does or occasions any injury to a vessel or io the twckle or furniture, thereof, or who, while in the execution of his duty as such Harbor Master, makes use of any threatening or abusive. language to the master of any vessel, shall forfeit a penally not exceeding Fifty Pounds. LXXII. All Rules and Regulations made under the. Ordinances which are in force when tliis Act pomes into nperwiion, shall continue in force- as if mr.de under this Act, until revoked or altered under the Authority cf this Act, and no longer. Your attention is particularly directed and enjoined lo the whole >>f the Regulations issueil by ! lie Bonril of Trail e L s eiT In-fbie], dilVCted to be puldi.slier} for ijrneral uit'->nna-tion by the Honorable the Colonial Tiensurer (a Warden of this Hoard), and most particularly to its hist clause. The above Regulations apply to all ships, whatever their nationality, within the limit* of British jurisdiction, find to British and I-Vench ships whether within British jurisdiction or not. iraviup; c:-:.'ini!iTil an.l compared Jbfse clauses, you vri!l j^re ,'ive ihaf. l>y the Arts of the Gcrfi'ral Assembly — 'o wit, " The Marine* Board Act" and "Stemn .Vnvur-ition Act" of IS(i-J, chuses XXVI ( 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 ; also for the immediate adoption of all siu'h ni-odiiicntiruih and changes as might from . time to time he issued and jinicliiimeil in the Fj>.')i!'>:i Gazette, under the authority of llie Board of. Trade iji the. United Kingdom. By f comparison of the former Regu'ations is^ncd by the lir.perial Board of Admiralty, iv );-..)5, v.-ith those which were Gazetted in May last, issued by the Board of Trade of the I niled Kingdom, you will perceive that the language of the lav/ now in 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, artj addressed to His Excellency tlu> Govemor-in-Chief ; it is incumbent, therefore, upon all Harbor Masters and Pilots who exercise their authority over and in iheir respective ports by virtue of the Governor's warrants, to see tho same enforced. The. Harbor Regulations fully provide fcr the internal economy and order of the ports to which they respectively apply. As any departure from '• The Regulations Issued by the Board of Trade" 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 may be brought before a competent tribunals until this is done, by silently permitting any .such deparlure or evasion, t lie 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.