CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 19, 21 December 1863, Page 6 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The following directions anil reculnlions of ihe Chief Marine Board of New Zeuluud are taken from the Lytteti m Times : — To all Harbor Mas'ers and Pilots in their respective Purls iv the I slan Is of New j Zealand, — Your attention is hereby direcled and enjoined to the follon-ins; clauses of the existing laws and regulations : — The Marine Board Act, 1862. XXVIT. In any port nf the colony "here no Marina Board shall have been constituted as hereinafter provided, ami until some Marine Board shall be so constituted, tin* Chief Marine Board shall have all such powers and exercise nil such duties and functions ns are or may be conferred upon any Board by rliH '■ Steam Navigation Act, 186*2," or by nny Act which may hereafter be passed by the Legislature of '. the cnlonv for the same or similar purposes. XXXIII. If shall be lawful for the Superintendent and Provincial Council of any province, hy Act or Orditvuie* to he passed on that behalf before the thirty-first day of December, in the year lSo'.'). to constitute for any port within such provi x-e a Marine Board, and to di.ofinpmsh each lining by such name as may seam fit, and to confer upon such Board any powers, duties and functions subject to the provisions of this Act, and to give' power Io the Superintendent, of the 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 c -instruction und for the purposes of this Ac:, Mii'l of all prnettfdinp«i under this Act, the following words shall have the meanings hereinafter assigned to them, unless there is something in the context of the Act repugnant to such construction: — " Board " shall mean the Marine Board of the port in relation to wbich^he term is u«ed. 7 " Wardpn " sh4lV -include Master YViYrdfn. "Port 1 " shall extend to nnd include any port, harbor or haven or navigable creel; or river within the jurisdiction of the Boards respectively. "Wharf" shall extend to and include any public "liarf. <|oiy or pier or any phice used f.>r the Itiudiiii! of' •fixirls or pa<Sf tigers, situate ivilb'M any " Port," tilt 1 management of which is otherwise provided (or by law. ♦'Collector of Customs" shall include the person acting as inch at t'.ie port in respect of which the term is used. "Haibor .Master" «diaH extend to and include any Deputy Harbor M«srcr or person for the time heiiii; HCtin" as sue Harbor Master or D^pu'y. "Master" slull "x'enrl to anl include the petson, not beinu a pilot, commanding or for the time being having the principil or actual charge, custody or control of a vessel. "Colonial Ports" shall mean all ports within the colony, and within the Australian colonies. "Colonial Trader" shall menu nnd intend a vessel the i»a«ter of which has at any time marie more than t» o consecutive voyages to and fro between the port in this colony in which the Tessid may be and any other colonial port, ;md which is actually trading between colonial ports. STKAM TSAVIGATinX ACT, 18G2. 11. In the interpretation of this Act th* I words " the Hoird" shall mean the Marine Board having jur ; «dicrion under the N>w Zealand "Marine B->ard Act, 18o'"2." in or over the harbor or place witbin the limits of which it may be necessary to exercise the powers of tin's Act, or any of 'hem ; and the. words "River Service " shall mean such ei-mcc on j»nv river, creek, hnv ".r arm of toe sea ns shall be declared by the Board Io be a River Service XXVII. It shall bft incumbent on nil -tean Vessels, sailing vessels hw.l vessels at anchor to carry and display the several lights and signals prescribed for the respective vessel* by ihe Imperial l?mrd of Adiniraitv. iv a notice dated the twenty-fourth day of February, ]8.")8. or such light and signals n« shall he fixed by reirnla''"" as next hereinafter provided. XXVIII It shall he la«fu! for the Governor in O.imoil. by an order to that »-fle>-t. m mnscribe any and what provisions or changes shall be made in respect to ihe following < nuipnients. matters and things relating to vessels, viz.: — The fittings and equipments of boats. The ans'ior 0 and mooring or ground lack Iron bonr.l vessels. The valves n- oilier parts of the boiler's, engines, or machinery of "ifimcrs. The lijjhts to be carried, and signals to he made or displayed, and generally to rpgnla'e ail the details of the outfit of steamers and other vessels within thr colony, anfl all such orders when pnldU'ied in the Go>'t>r)))»i'»t (Inzrttv sV-'U have the force ol law. Provided that no such changes shvl lie p'escribed unices the same shall havj hr-en made or recommended to bo made by ih,' Board of Trade of t'le United Kingdom. MiMiciiANT Siiipvinc; Act. 201. The fourth p»rt nf this Act shall apply tO all British ships; and all foreign steamships Carrying; V' assen K ers ' )p t»een p)nc^n in (he United Kingdom, shall be subject to all the provisions contained in t'ne lovirth part of this Act, and likewise to the same provisions with respect to the certificates of the masters and ma^-s thereof to which British steam ships are subject. ~> 17 . The le'.'is'aiive authority of any British possession shall have power, by anyi,.Act or Ordinance confirmed by Tier Majesty in Council, \n repeal, wholly or in part, any provisions of this Act relating to ships registered jn such possession ; but no sitlb 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 Act or Ordinance for the purpose. 295. The following rules shall be observed with tegiud to lights and fog signals: (that is to say) (1) The Admiralty shall from time to time make regulations requiring the exhibition of such lights by such classes of ships, whether steam or sailing ships, within suL-h places and under suchjeircumstanccs as they think fit, and fnay from time to time revoke, alter or ?ary the same. (2) The Admiralty may, if they think fit, tniike regulations requiring the uss 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 <nay | from time to time revoke, alter or xary the same. (3) All regulations made in pursuance of I this section shall be published in the London, Gazette, and shall enmc into operation on a day to be named in the (iazette in which they 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 sliip who applies for the same, and production of the (Jazftfo. enntaiuino; such regulations shall be sufficient evidence of the due making and purport thereof. (4) Ml owners and masters shall be bound to to take notice of the same, and shill. so long as th« same continue in force, exhibit such lights, and use mich foir signals, at such times, within such places, in such wanner, nnd under such circumstances as are 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 j owner of the ship, if it appears that he was i.i fault, .shall for each occasion upon which such regulations are infringe"!, incur a penalty not exceeding twenty pounds. • 2'j£. If in -uiy (.•■lie at collision il appears io

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 log 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 (he 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 infrinu'el shall not be entitled to recover any recompense whatever for any damage sustained hy such ship in such collision, unless it is .shown to the satisfaction of the court that the circumstances ol' the case made a departure from the rule necessary. '299. 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 thac the c<rcutnstanees of the caso made a departure from the rule necessary. Regulations for Pretexting Collisions AT 6 ii\, issued by the Board of Trade of the United Kingdom, supersede those prescribed by the Imperial Board of Admiralty dated the twentyiburtli day of February, 1S58 ; and most particularly to Articles 2, 20 and the final one. I'UBLIMINAIIV. Article I. In the fo'.lowin-j Rules every Steam Ship which is under Sail and not under Steam is to be considered a Sailing Ship, and every Stsain ship whi.h is under Steam, whether under Sail or not, is to be considered a Ship under Steam. HULES CONCERNING LIGHTS. Lights. Article 2. The Light mentioned in the following articles numbered 3, 4, 5, (j, 7, S and 9 and no others, shall lie carried in all weathers from Sunset to Sunrise. Lights for Steam. Ships, Article 3. Seagoing b'tcatn Ships, when under weigh, shall carry : — a. At the Foremast Head, a bright V'htte Light, so fixed as to show an nnif)rm and unbroken Light over an Arc of the Horizon of 20 Points of ihe Compass, so fixed as to throw the r,t;rht 10 I'oints on on- h Side of ihe Ship, viz. from riirht ahead to 2 IVuUs aliafi the Beam on either Side, and of such a character as to be Msible on a dark night, with a clear atmosphere, ut a distance of at least Five Miles. b. On the Starboard Side, a Green Light, so constructed as to throw an uniform am! unbroken Light over an Arc of the Horizon of 10 Points of the t'ooip iss, so fixed as to throw the Li«ht from rij-ht ahead to 2 Points abaft the Beam on the Stnrboard 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 I<> Points of the Compass, so fixed as to throw the Liuht from riyht ahead to 2 Points abaft the Beam on the Port Side, and of such » ch.iractHr as to be visible on a dark ninht, with a clear atmosphere, at a distance of at least T*o Miles. d The said Green an:l Red Side Lights shall be fitted with inboard Screens, projecting at least Three Feet forward i'ro'.n the Light, so as to prevent these Lights from being seen across the liow. Lights for S'cwi Ti«js, Artie It' 4 Steam Slips, when towing other Ships, shall carry Two bright Whim .Mast Head Lights, vertically, in addition to their Side Lights, so as to distinguish them from o.thor Steam Ships. Kach of these Mast Head Lights shall h-j of the same construction i\nd character a« the Mast Head Lights which other Steam Ships are required to carry. Lights _f»r S-.iiVng Ships. Article .5. Sailing- Ships under w^icrli, ov being towed, sh-ill carry the same Lights as Steam Ships under weigh, with tlie cx.-eption of the White Mast Head L'ghts, which they shall never carry. Esccptiomtl Lights for Small Sail'ma Ships. Article 6. Whenever, as in the case of small vessels during had weather, the (iiwii and Red Lights cannot l>«- fixed, these Li^ht* shall he 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 their respective Sides in sufficient Time to prevent Collision, in such manner as to male them most visible, and sn that the Green Liuht slull not he seen on the Port Side, nor the R-"d Light on tin; S;;irhoard Side. To iiihl,-c th- \j*o of tli.'se portable Lights more certain and mw, the Lantei us containing them shall each he painted Outside with the Colour of the L : uht they respectively contain, and shall he provided with suitable Screens. Liqlits for Ships at Anrjinr. Artie'f 7. Ships whether Ste;mi Ships or Sa ; linu Ships, when at Anchor in Roadsteads or F.iirwnys, shall exhibit, where it can best be seen, but a\ a Height not excee-lingTwenty Feet above the Hull, a White Light, in a Globular L-mUTM of Ivght Indus in Diameter, and so constructed as to show a cleai , uniform and unbroken Light visible ali musid th-j Horizon, and at a distance of at least O:ie Mile. FJ'jhfn for Pilot Vessels. Article S. Sailing Pilot Vessels shall not e-n-rv the Lights required for other Sailing Vessels, hut shall carry a White Ltirht at the Mast Hetd, visible all round the Horizon, and shall also exh'bit a Flare-up Light every Fifteen Minutes. Lights for [-'ishiitfl Vessels end Boats. Article 9. Open Fishing Bods and oilier 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 j Lantern having a Green Slide on the one Side and a Red Slide on the other Side, and on the approach of or to other Vessels, such Lantern i shall be exhibited in sufficient time to prevent I 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 FOG SIGNALS. Fog Signals. Article 10. "Whenever there is Fog, whether b\ 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 shull use a Steam Whistle placed before the funnel, not (ess than e.ighr fert from the dock. b. Miiiiii'^ S'.iips under weigh shall use a Fog Horn c. Steam Ships and Sailing Ships when not under weigh shall use a Bell. STI'.KHt.VO AND SAIM.VG RULES. Two Sailing Ships Meeting. Article 11. Tf Two Sailing Ships are meeting end on or neatly 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 j of the other. j 7 to Sailing Ships Crossing. Article 12. When Two Sailing Ships are Crossing, so as to involve Risk of Coiiisioti, titett, if they have the Wind on diU'erci)! Sides, ihe Ship with the Wind on the Port S;de shall keep out of the W;iy of the- Ship uith theWind vii the- Starboard Side; except in the case in wiiich the Ship with the Wind on the Port Side is close hauled and the other Shi]) free, in which case the latter Ship whall keep out of the Way ; hut if they have the Wind on the same Sir,V, or if Our- of them \i-^ tin- Whit all, the Ship which th Io Wimi«aid slid I U'jvd

out of the Way of ihe Ship which is to Leeward. Two Ships tinder Steam Meeting. .Article 13 If Two Ships under Steam are meeting hnd 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 ilip other. Two Ships under Steam Crossi.ny. Article 14. If TVo Ships under Steam aye crossing so as to involve Risk of Collision, the Ship which has the other on her own Starboard tiidt; shall keep out of die Why of the ..tlier. Sailing Ship or Ship under Steam. Article 15. If T<vo S : iips, «n«* >>( which is a Sailing Ship and the other n Steam Ship, are proceeding in such Directions as to involve Risk of Collision, the Strain S'tip shall keep out of the Wuv of the Sailing Ship. Ship under Steam to Slacken. Speed . Article 16. Every Strain Ship when approachins{ another Ship, so as to invidve. Risk of Collision, shall Slacken her Sp^-ed, or, if necessary, stop and reverse; and every Steam Snip shall, when in a Fog, go at a moderate Speed. Vessels Overtaking other Vessels. Article 17. Kvery Vessel overtaking any other Vessel slnill keep out of the Way of the sjiil Jast-mentioneJ Vessel. Construction of Articles 12, H, 15 and 17. Article IS. Where by the above Rules one nf Two Ships is to keep out of the Way, the. other shall keep her Course, subject to the Qualifications contained in the following Article. Proviso to Save Case/!. Article 19. In obeying' ami cons/ruins; these ' Rules, doe regard must lie had io all Dangers of Navigation ; and due regard must, also be hail to any Special Circumstances which may exist in any particular ease, rendering a Departure from the above Rules necessary in order to avoid immediate Danger. No Ship wider any Circumstances to Neglect Proper Precautions. Article 20. Nothing in these Rules shall exonerate any Ship, or the Oivner or Master or Crew thereof, from the Consequences of any Neglect to carry Lights or Signals, or of any Neglect to keep a proper Look Out, or of the Neglect of any Precaution which may he recjiiireil by the Ordinary Practice of Seamen, or l»v the Speciiil Circumstances of the case. Stvam Xayiation Act. 18<>2. XL. If in any Lei:a] Proceeding underline any question h rises whether any vessel is or is not within the provisions of 'his Act, sncli vessel shall bj taken to be nithin such provisions, unless proof to the contrary is adduced. Tiik Marink IJo.-vud Act, 13(12. LVI. If aiiVSperson fails, refuse or neglects to do, or in aiiV.'mantn'r obsfroc-is, imped. -.s or interferes with 'the doing of anything enjoined or authorised to he done, or wilfully does any. iliimj prohibited by this Act, or molests yp makes use of any threatening or abusive lanjjuagn to any Warden, liarhoi Master, Pilot or other O Hirer, whilst, in the execution of his duty under this Act, or in any oilier respect offends against any of the provisions of this Act, or any regulation duly made 1 under authoriiy of this A<-t, evt-ry sii,-h person in any sndi case so offending, shall, "here no other pen.-.ltv is in that behalf specially provided, forfeit a penalty not exceeding Fifty Pounds. LXIII. Any Harbor Master or oilier Officer or person who refuses or ne^lei-ts to perform any duty imposed on him hy this Act, or by uny Vl'trtl'.iltioiis mad and issued mi \<-v the authority ol ' tins Act, 01 w ho. through ir-^ligence or drunkenne-s, do-s or occhmuus uny inj-iry to a vessel or to thu tackle or furniture iher-'of, or who. while in the execution of his duly as such Harbor .Master, makes u».' of any thr'-ateniug or ;ibtt-;ivn language t" the ni'isier of aoy vp-m'l. shall forfeit v penalty not exceeding l-'ifly Pounds. I.XXir. All Rules and ]?"gnl.itions made under till! Ordinances wiieli ;ue io f .roe v lien this Act comes inlo operation, .-.hall continue ill force as if made uikLm 1 rhis Act, nniil revoked or altered under the Authority of this Act, and no longer. Your attention is parth'ulavlv directed and enjoined to the "hole of the Regulations issued by the Hoard of Trade [see before], directed to lie puldi-dii'd /or- yn.-i-dl inC.nn.i t'-on by the H moiahle the Colonial Treasurer (a Warden of this Hoard), null most p;n ticuhu'h Io its htst elans,-. The above Regulations n p p 1y to all ships whatever their natioinlit v. within the limit* ol MritKh jurisdiction, and to IVilish and French s!.ij>s whether within British jurisdiction or not. Having examined and compared these elan"" I*,1 *, you will perceive that by the Aels of the Genet al Asseuihly — to «■>', '• The M ariiie Hoard Act" and "Ste-un X-u-iiration Act" of 18(i2, cliuses XXVI I and XXVIII, creful provision was nrule to iiii'orpor.il-- all lite laws then existing under Imperial authorities into those which have sine-.' received [fer Majesty's nssi'Ul ", iiNn for the immediate adoption ol' .-ill sui-h modifications and changes as might fi o:n time io time be issued and proclaimed in the [jondon (luzr'te, under the authority of the Hoard of Trade in the United Kingdom. Hy a comparison of the former Regulations is«ned hv the Imperial Hoard of Admiralty, in ISSK, with llmse which were <;,r/."tt"d in May last, issupii by ihe Hminl nf Tiade of the United Kingdom, yovi will perceive that the language of the law now in force is much more literal, far more comprehensive and emphatic, !| nd in the same ratio lu->s possible of misconstruction. You will understand that the Regulations now in force, like those they replaced, are addressed to His Kxcellency the (Joveruor-io-Chlef,- i' is ioeumbent, therelore, upon all Harbor .Masters aid Pilots who exercise their authority over and in llieir respective ports hivirtue of the Governor's warrants, to sec the same enlorci'd. The PI arbor Regulations fully provide for the internal economy and order of (lie ports to which they respectively apply. A.S any departure from .'■ T!ip Regulation;, Issued by the Hoard of Trale" may he fraught with the most disastrous consequences, yon are directed and enjoined to immediately lay informations against all parties who mar he uuiltv of such departure or evasion, that they may be 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. HO BERT GREAVES, Warden and Treasurer, Chief Marine Board.