CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 20, 23 December 1863, Page 5 (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 Times :— To all Harbor Masters 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, 1862. XXVI F. In any port of iho colony where no Marine 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 and exercise | all such duties and functions ns are or may be conferred upon any.. Board by the " Steam Navigation Act, 1862," or by any Act which . may hereafter be passed b^-the Legislature of the" colony for (he same or similar purposes. | XXXIII. It shall be lawful for the Superin- ! tendent and Provincial Council of any pro-' ! vince, by Act or Ordinance to be passed on that behalf before the thirty-first day of December, in the year 1863, to constitute for any port within such province a Marine Board, aud to distinguish each Board by sucli 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 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 construction and for the purposes of this Act, and of all procftedings 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 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 of 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, 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 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 person, not being a pilot, commanding or for the time being having the principal or actual charge, custody or control of a vessel. 41 Colonial Ports" shall mfan all ports within the colony, and within the Australian colonies. " Colonial Trader" shall mean and intend a vessel tlie master of which has at any time made more than two consecutive voyages to and fro between the port in this colony in which the ressel may be and any other colonial port, and which I is actually trading between colonial ports. Steam Navigation Act, 1862, 11. In the interpretation "Of this Act (he words "the Board" shall me.-in the Marine 1 Board having jurisdiction under the New Zealand "Marine Board Act, 1862," in or over the harbor or place within the limits of which it may be necessary to exercise the power 3of this Act, or any of 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. XXVJf. It shall be incumbent on all steam vessels, sailing vessels nnd 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 notice dated the twenty-fourth day of February, 1858, or such light and signals as shall be fixed by regulation as next here.inafter provided. XXVIII. It shall be lawful for the Governor in Council, by an order to that effect, to prescribe any and wbnt provisions or changes shall be made in respect to 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 be ina'le or displayed, and generally to regulate all the details of the outfit of steamers and other vessels within the colony, and all snch orders when published in the Government Gazette shall have the force of law. Provided that no such changes shall be prescribed unless the same shall have been made or recommended to be made by the Board of Tra-le of the United Kingdom. Merchant Shipping Act. 291. The fourth pnrt 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 tins Act, and likewise to the same provisions with respect to the certificates of the masters and wia'es thereof to which British steam ships are subject. 547. The legislative auth«ritv of any British possession shall have power, by any Act or Ordinance confirmed by HVr 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 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 wilbV legArd to lights and fog signals : (that is to ■ ■•??■■" (tj The Admiralty shall from time to time make regulations requiring the exbibi 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 uss of such fog signals, by such classes of ships, whether steam or Bailing 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, and shall come into operation on a day to be named in the Gazette 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 ship who applies for the same, and production of the Gazette containing such regulations shall be sufficient evidence of the due making and purport thereof. (4) All owners and masters shall be bound to to take notice of the same, and shall, so long as the same continue in force, exhibit such lights, and use such fog signal?, at such times, within such places, in 9iich manner, and under such eiroumstances 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 owner of the ship, if it appears that he was in fault, shall for each occasion upon which such regulations are infringed, incur a ponalty not exceeding twenty -pounds. 298. If in an y case of cc-W" 011 it appears to

the .court; before which the case is tried that such collision; was occasioned by tbe ; nonobservance of any rule for the exhibition of lights or the u?e of fog signals issued in pursuance of ihe powers hereinbefore contained, or of the foregoing rule as to the passing of steam and sailing.sh.ips, 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-shipby 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 made a departure from the rule necessary.. = , 299.' In case any damage to person- or property arises frSm'the non-observance by any ship of any of the said rules, such da)nage shall .be deemed to have been occasioned by tha wilful default of the person in charge of the deck of such ship at the time, unleash is shown to the satisfaction of the court that the circumstances of the case made & departure from the rule necessary. Regulations for Presenting Collisions at Sea, l 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, 1858; and most particularly to Articles 2, 20 and the final one. Preliminary. Article 1. In tha 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. KUXES CONCERNING LIGHTS. Lights. Article 2. The Light mentioned in the following articles numbered 3, 4, 5, 6, 7, S and 9and no others, shall be carried in all weathers from Sunset to Sunrise. Lights for Steam Ships. Article 3. Seagoing Steam Ships, when under weigh, shall carry : — a. At the Foremast Head, a brigh: White Light, so fixed as to show an uniform and unbroken Light over an Arc of the Horizon of 20 Points of the 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 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. b. On the Starboard Side, a Green Light, so constructed as to throw an uniform and unbroken Ligbt over an Arc of the Horizon of 10 Points of the Compass, s>> fixed as to throw the Light from right übead 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 coni structed 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 Light from right ahead to 2 Points abaft the Beam on I the Port Side, and of such a character as to be I visible on a dark night, with a" clear atmosphere, at a distance of at least Two Miles. d The said Green and 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 Ttigs. Articled Steam Ships, when towing other Ships, shall curry Two bright White Mast Head Lights, vertically, in addition to their Side Lights, so as to distinguish them from other Steam Ships. Kach of these Mast Head Lights shall be of the same construction and character as the Mast Head Lights which other Steam Ships are required to carry. 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 0/ the White Mast Head Lights, which (bey shall never carry. Exceptional Lights for Small Sailing Ships. Article 6- Whenever, as in the case of small vessels during bad weather, the Grwn 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 their 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 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 Light they respectively contain, and shall be provided with suitable Screens. Lights for Ships at Ancfior. Article 7. Ships, whether Steam Ships or Sailing Ships, when at Anchor in Roadsteads or Fairways, shall exhibit, where it can best be seen, but dt a Height not exceedingTnenty Feet above the Hull, a White Light, in a Globular Lantern of Eight Inches in F>iameter, 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 all round theHariaon, and shall also exhibit a FJare-un^£i|jhjt every Fifteen Minutes. i Lights for Fishing VessetefmfJkflts. 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 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 be | seen on the Port Side, nor the Red fcight on the Starboard Side. | Fishing Vessels and Open Boats when at 1 Anchor or attached to their nets and stationary, shall exhibit a bright White Light. I Fishing Vessels and Open Boat* shall however, not be . prevented from using a Flare-up, in addition, if considered expedient. RULES CONCERNING FOG BIGNALB. 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 shull 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. BTEEKINO 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. 2 wo Sailing Ships Crossing. Article 12. When Two Sailing Ships are Grossing, 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 s&tne Side, or if One of them has the Wine eft, the Ship whieb is to Windward shall kesd

out of' the Way of the Ship w^^^^^^^| Leeward. ■ ~^^^^^^^^| Two Ships wider Steam Meetil^^^^^^^M Article 13. If, Two Ships under S^^^^^H meeting "End oo or nearly End on inrolve Risk of Collision, the Heiois^^^^^H •hall bo pnt to Port, so " that eaoh may^^^^^^H the Port Side of the other. Two Ships under Steam Cnuslii^^^^^H '- Article. 14. If Two Ships under st^^^^^| crossing so as to involve Risk of Collf^^^^^^H Ship which has the other on her own $^^^^^H Side shall keep out of the Way of thai Sailing Ship or Ship'uttder SfMM^^^^^^H Article 15.' If Two Ships, ona of *E^^^^^^H failing Ship and the other mSUiaro &^^^^^| -proceeding inf such Directions v *°^^^^^H Risk of Collision, the Steam Ship ab^^^^H out of the \Vav of the Sailing Ship. ■r Ship tinder Steam to Slacken <$>«<^^^^^H -.., Article: Ift Every * Steam Ship ~*^^^^^| .proaching «abth«r Strip /ao as to inroJ^^^^^^H of Collision. 1 •hall Slackeo her Spee^^^^H necessary, stop; and reverse; and ever^^^^^H Ship shall, when in a Fog, go fH a s^^^^^H Speed. ' Vessels Overtaking other Veueu^^^^^M Article 17 J Every Vessel overtaki^^^^^H ot]»«r Vessel sliall keep out' of the Way °*^^^^^M last-mentioned Yesael. " Constntctidhid/ Article* 12,^14, 15 <x^^^^^H Article 18. When) by the above Raie^^^^H Two Ships is fo^fceep out of the Way, (t^^^^H shall keep her Course, subject to tfa» Q'^^^^H iions contained in the following Artiele^^^^^H Proviso to Save,SperiatC§M9s Article 19. In obeying aiid\:e*ji«%rarfi^^^^H Rules, dne regard must be btf'^ttlTMß^^^^H of Navigation ; and due regartflpmis*, liad to any Special. Circuai«Uua*« r wai^^^^^H exist ia tiny particular «a«e, rJfider^^^^H Departure from the above 'Buleß Mcct^^^^H •order to avoid immediate Dodger. * No Ship under any Circutfistanctt to -A^^^^^l Proper Precaution*. Article 20.. Nothing in these. Rule^^^^H exonerate any Ship, or the Owner or 3**^^^^^| Crew thereof, from the Cousequencea*fl^^^^| Neglect to carry Lights or Signals, or }^^^^^| Neglect to keep a proper Look Oat, °*^^^^^H Neglect of any Precaution which <i^^^^^H required by the Ordinary Practice of &^^^^^| or by the Special Circumstances of the^^^^^H Steam Naviation Act. l&s*-|^^^^| XL. If in any Legal Proceeding vot^^^^^H any question arises whether any vessel i^^^^H not within the provision* of this Ao|^^^^^H vessel shall be taken to be within au^^^^^H vision*, unless proof to the contrary- is- *f^^^^H Tuk Marine Board Act, 186£^^^^H LVI. If an}' person fails, refuse*, or *|^^^^H to do, or in any manner obstructs, > m P*^^^^^| interferes with the doing of anything ea^^^^^^H or authorised to be done, or wilfully dos^^^^^H thing prohibited by this Act, or tno !^^^^^^| makes use of any threatening or £!^^^^H language to any Warden, Harbor Pilot or. other Officer, whilst in the execati^^^^^| his duty under this Act, or in any othertf^^^^H offends against any of the prorisions.of thft^^^^H or any regulation duly made under intl^^^^H of this Act, every such person in ***?|^^^^H case so offending, shall, where no other, p^^^^^H is in that behalf specially providedjvf^j^^^^H penalty not exceeding Fifty Pounds. • nl||^^^^^| LXIII. Any Harbor Master or other JQ^^^H or person who refuses or neglects to P<^^^^H any duty imposed on him by this Aotfj^^^^H any regulations made and issued undiM^^^^H authority of this Act, or who, through a*(?|jl^^^^H or drunkenness, does or occasions any iuju^^^^H a vessel or to the tackle or furniture therf<o^^^^| who, while in the execution of his dirty as^^^^^H Harbor Master, makes use of any threaie^^^^H or abusive language to the master of any VH^^^J shall forfeit a penalty not exceeding ;]^^^^J Pounds. ...... ..■''' '-'^^^^^l LXXIL All Rules and Regulations s^^^H under the Ordinances which, are in f°rce «^^^^H this Act comes into operation, shall contin^^^^H force as if made under, this Act, until rav<^^^^H or altered under the Authority of (his Act|^^^^H no longer. ' ' ' * £? '^^^^^H Your attention is particularly directeA^^^^J enjoined to the whole of the .Regals^^^^H issued by the Board of Trade [see er^^^^| directed to be published for, general inftt^^^^H ■tion by the Honorable .the. Colpnial'Trea^^^^H (a Warden of this Board), and most par ticu^^^^J to its last clause. '."' ' : '^B^B^B^sfl The above Regulations apply to all ~''*^^^^^| whatever their nationality, within the linij^^^^H British jurisdiction, and to British and Fl^^^^H ships whether within British jurisdictio^^^^H not. '■ ; I^^^^^J Having examined and compared clauses, 3*oll will perceive that by the Ai^^^^^f the General Assembly — to -wit, '«• The tf^^^H Board Act" and " Steam Navigation Aot^^^^H ISG2, chuses XXVII and XXVIII, oa^^^H provision was made to iaeospnrato all the^^^^^^B then existing under Imperial authoriliea^^^^H those which have since received Her. Maje^^^^H assent ; also for the immediate adoption o^^^^H such modifications and changes as mighti^^^^H time to time be issued and proclaimed- : iif|j^^^| London Gazette, under the authority ot^t^^^M Board of Trade in the United Kingdom. '^^^| By a comparison of the former Regutatio^^^H issued by the Imperial Board. of, Admiralty, 185 ft, with those which were Gazetted in Ma^^H last, issued by the Board of Trade ■of tt^^H United Kingdom, you will perceive that th^^H language of the law now in . force is muc^^H more literal, -far more; comprehensive an^^H emphatic, and in the same ratio lens possible o^^H misconstruction. I You will understand that the Regulatlon^^H now in force, like those they replaced, ar^^^| addressed to His Excellency the Goveirnbr-in^H Chief; it is incumbent, therefore, upon *I^^| Harbor Masters and Pilots who exercise'ther^^H authority over and in their respective ports b]^^| virtue of the Governor's warrants, to see th^^H same enforced. The Harbor Regulations fully provide fo^^| the internal economy and order ot the ports t<^^| which they respectively apply. As any departure from' " The Rpgulations^H Issued by the Board of Trade " maybe-fraugh^^H with the most disastrous consequences, you * r <^^| directed and enjoined to immediately lay infor^^| mations against all parties who may he guilfj^H of such departure or- evasion, that they may b^^H brought before a fcompetent tribunal ; until thi^^f is done, by silently permitting any such depan^H ture or evasion, the officers of .the. Colonial^H Got-em merit render themselves obnoxious to^^| the charge of being aiders and abbettors in the^H "place of being protectors to the public. ' . ' ROBEKT GREAVES, H r - Warden and Treasurer, Chief Marine Board.