CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 21, 24 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 Porta In tho Islands of New Zealand, — Your attention is hereby directed and enjoined to the following clauses of the existing laws and regulations : — ■ The Marine Bo van Act, 1862. XXVn. In any port of the 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 as are or may be conferred upon any Board by the " Steam Navigation Act, 1862," or by any Act which may hereafter be passed by the Legislature of the colony for the same or similar purposes. XXXIII. It shall be lawful for the Superintendent and Provincial Council of any province, 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, 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 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 Act, and of all proceedings 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 whieli is otherwise provided for by law. " Collector of Customs " shall include the person acting as such at the port in tespect 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 Harhor 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. " Colonial Ports " shall mean all ports within the colony, and within the Australian colonies. " Colonial Trader" shall mean nnd intend 8 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 the vessel may be and any other colonial port, and which is actually trading between colonial ports. Steam Navigation Act, 1802. 11. In the interpretation of tin's Act the words " thfl Board" shall mem the Marine Board having 1 jurisdiction under the New Zealand "Marine B-iard Act, 18G"2." in or over tlie harbor or place within the limits of which it may be necessary to pxercise tlie powers of this Act, or any of them ; and the words " River Service " shall mean such service on any river, creek, bay or arm of th" sea as shall be d-elared by the Board to be a River Service XXVIf. It shall be incumbent on all steam vessels, sailing vessels and vessels at anchor to carry and display the several llifhts .-md signals prescribed for tho resppctive 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 hereinafter provided. XXVm. It shall be lawful forthe Governor in Council, by an order to that effect, to prescribe auy and what provisions or changes shall he 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 made or displayed, and generally to regulate all tlie details of the 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 be prescribed unless the same shall have been 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 same provisions with respect to the certificates of the masters and males thereof to which British steam ships are subject. 5 47. 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 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 regard 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 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, 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 signals, at such times, within such places, in such manner, and under such circumstances as are enjoirled by such regulations, and shall not exhibit any other lights or use any other fog signals; and in case of default the roaster 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. "235. If in any case of collision It appears to

the court before which th« 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 hereiu.beforecontained, or, of the foregoing rule as to tbe passing of steam and sailing ships, or of theforegoing rule as to a atearn. ship keeping to that side <»f a narrow channel whioh 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 oircumstances of 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 th<^ 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 tor Pueventing Collisions at Sea, 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, 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. rules concerning lights. Lights. Article 2. The Light mentioned in the following articles numbered 3, 4, 5, 6, 7, 8 and 9 and 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 bright 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. 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 abead 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 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 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 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 Ships. Each 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 Of tlie White IHast Head Lights, which tUcy shall never carry. Exceptional Lights for Small Sailing Ships. Article 6- Whenever, as in the case of small vessels during bad 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, aud shall, on the approach of or to oth^r 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 he painted Outside with the Colour of the Light they respectively contain, and shall be provided with suitable Screens. Lights for Ships at Anchor. 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 at a Height notexceedingTnenty 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 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 the Horizon, and shall also exhibit a Flare-up Light every Fifteen Minutes. Lights for Fishing Vessels 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 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 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 tliere 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 sIibII 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. 2 wo 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 Ehall keep out of the Way ; bnt if they, have the Wind on the same Side, or if One of them has the Wine aft, the Ship which is to Windward shall keed

but of- the "Way of the v Ship which" is^Ao' .] Leeward. - -> - v ' Two Ships under Steam Meeting. Article 13. If Two Ships under T Ste»m ir» meeting End ' on or nearly End on bo m to > involve Risk of Collision, the Helms of both, shall be put to Port, bo that each may pa»» on the Port Side of the other. -» Tioo Ships under Steam Crossing. Article 14. If Two Ships n rider Steam .are crossing so as to involve Risk of Collision, Uha Ship which has thu other on her own Starboard Side shall keep out of the. Way of the othw. Sailing Ship or Ship under Steam. Article 15. If Tiro Ships, one of which .ia'if Sailing Ship and the other a Steam Ship, "are proceeding in such Directions^ as .to involv* Risk of Collision, the Steam Ship shall keep" out of the Way of the Sailing Ship.. Ship lender Steam to Slacken i 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 Ship shall, when in a Fog, go at a moderate Speed. Vessels Overtaking other Vessel**. ' Article 17. Every Vessel overtaking any other Vessel shall keep out of the Way of the said last-mentioned Vessel. Construction of Articles 12, 14, 15 and 17. Article 18. Where by the above Rates one of Two Ships is to keep oat of the Way, the jbther shall keep her Course, subject to the Qualifica* tions contained in the following Article. Proviso to Save Special Cases. Article 19. In obeying and construing thes« - Rules, due. regard must be had to all Dangers of Navigation ; and due regard must also be had to any Special Circumstances which may exist in any particular case, rendering- a Departure from the above Rales necessary in order to avoid immediate Danger. No Ship under any Circumstances to Neglect Proper Precautions. Article 20. Nothing in these Rules shall exonerate any Ship, or the Owner 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 be required by the Ordinary Practice of Seamen, or by tbe Special Circumstances of the case. Stkam Naviation Act. 1862. XL. If in any Legal Proceeding under this any question arises whether any vessel is or is not within the provisions of this Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced. The Marine Board Act, 1862. LVI. If any person fails, refuse? or neglects to do, or in any manner obstructs, impedes or interferes with the doing of anything enjoined or authorised to be done, or wilfully does any? thing prohibited by this Act, or molests or makes use of any threatening or abusive language to any Warden, Harbor Master, Pilot or other Officer, whilst in the execution 'of his 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 duty imposed on him by this Act, or by any regulations made aud issued under the authority of this Act, or who, through uegligenco or drunkenness, does or occasions any injury to a vessel or to the tackle or furniture thereof, or who, while iv the execution of his duty assnch Harbor Master, makes use of any threatening or ahusive language to the master of. any vessel, shall forfeit a penalty not exceeding Fifty Pounds. LXXII. All Rules and Regulations made under the Ordinances which are in force when' this Act comes 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 is 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 tbe Colonial Treasurer (a Warden of this Board), and most particularly to its hist 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 thest* clauses, yon will perceive that by the Acis of the General Assembly — to wit, " The Marine Board Act" and " Steam Navigation Act" of 1862, chuses XXVII and XXVIII, 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 such modifications and changes as might from, time to time be issued and proclaimed in the London Gazette, under the authority of the Board of Trade in the United Kingdom. By ft comparison of the former Regulations issued by the Imperial Board of Admiralty, hi ISSS, with those which were Gazetted in Maylast, issued by the Board of Trade of tbe 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 addressed to His Excellency the Governor-in-Chief; it is incumbent, therefore, upon all Harbor Masters and Pilots who exercise their authority over and in their respective ports by virtue of the Governor's warrants, to see ilio same enforced. The Harbor Regulations fully provide for the internal economy and order of the porta to which they respectively apply. As any departure from " The Regulations Issued by the Board of Trade " maybe 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 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 protectors to the public. ROBERT GREAVES, Warden and Treasurer, Chief Marine Board.