CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 32, 20 January 1864, Page 5 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The Aijrnwing directiijns and repulalions of the Chief Marine Board of New Zealand, are / taken from the Ly/tteUoii, Times ,:—';. To all Harbor Masters and Pilots in -their,;respective. Ports ia the Islands of New Zealand,— , _''..<■ Your ' iftlfntion is hereby directed and enjoined to tlie following clauses of the existing laws and regulations :— The Mabink Boakd Act, tß6i. , "XXVII. In any port of the colony whera no Marine 'Board shall have been .'constituted aa : hereinafter providud, and until some' Marino Board shallbe so constituted, the Chief Marine Board shall have all such" powersvand exercise all such duties and functions as are or uaiiy be conferred upon .any ' Board .by the " Steam Navigation Act, 1862," or by auy Act which may hereafter >be passed hv. the: Legislature of the colony for the same or similar purposes. XXXIII. It shall be lawful for the Snperinteudent and 'Provincial Council " ofruuy;province,' by Act or. Ordinance to* be passed on that behalf before the .thirty- first, ..day of December, in the year .186$, to constitute for . any port within such provini-e a Marine. Board, and to distinguisheach liuHid by such name aa may seam fit, and t<> confer upon such\ Board, any powers, duties and functions subject to tho provisions of .this Act, and to give power to the Superintendent of ihe .province to' define the limits «f jurisdiction .of any such Board within th«; province; provided that every such Act or Ordinance shall b.i> reserved for the Governor's assent. 11. In the construction and for the purposes of this Acr, 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' 1 shall extend ti> 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 nharf, quay or- pier, or any place used for the landing of goods or passengers, situate within any <k Fort,'V the management of which is otherwise pro^ vided 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" shall extend to and include any Deputy Kai-bor Master or person for the time bemt» acting us sue Hiirroi' Master or Deputy. • "Master" shall ex'end to and include the person, not b«in« a pilot, commanding^ or for the time being having the principal or actual cliurge, custody or control of a vessel. "Colonial Ports" shall m«an all ports within the culuiiy, and within the Australian colonies. " Colonial Trader" shall mean and intend a vessel the master of which has at any time made more than two consecutive voyages to ami frn between the port in this colony in which ihn vesst-1 may be and any other coloniai port, stnd which is actually trading bel.veuu colonial ports. Steam Xayigation Act, 1862. 11. In the inu-rpretation of U>is Act the words " tlie 80-iid " shrill mean ihe Marine Board having jurisdiction under the New Zealand "Marine B'>ard Act, 18t>2," in or over the harbor or place within the limits of which it may be necessary to exercise the powers of this Act, or any of them ; and the • words "River .Service " shall mean such service' on any river, creek, bay or am: of the sea as shall be declared by the Board to be a River Service. XXVII. It shall be incumbent on all steam vessels, sailing vessels mid vessels at anchor to carry and display the several lights and signals prescribed fur 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 hereinafter provided. XXVI II. It shall be lawful for the Governor in O.uncil, by an order t«i tJiat effect, to prescribe any and whut p.ovisims or changes shall be made in respect to -the following equipments, matters and things relaiing to vessels, viz.: — - The fittings and equipments n' - bouts. The anchors and mooring or ground tackle on board vessels. The valves or other parts of the boilers, engines, or machinery of sii'unicrs. The lights to be carriel, and signals to be made or displayed, and generally to regub.te all t!ie details of the outfit of steamers and other vessels within the colony, and all such orders when published ia the Government Gazatte shall have the force of law. Provided that no such cl:a:iges shall be prescribed unless the same shall have been tin'le or recommended to be male by the Board of Trade of the United Kingdom. M enchant 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 ma'es thereof to which British steam ships are subject. 547. 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 si>ch 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 rf.he same. (2) The Admiralty may, if they think fit, innke regulations requiring the uss of such fog signals, by such classes of ships, whether steam or saiiing ships, within such places and under such circumstances as .they think lit, and inny from tine to time revoke, alter or vary the same. (3) All regulations made in pursuance of this section shall be published in the. London Gazette, an>) sha.il come into operation on a day 10 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 in any owner or master of a slijp who applies for the same, and production of the Gazette containing such regulations shall be sufficient: evidence oi 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 .circumstance's as are^ enjoined. by such regulations, arid shall notexhjbi.t- any other lijjhts-of use ariyother fog signal's; and in case of, default the, master pr owner of the ship, if it appears that^he . was in.- .-fault, shair for each becasipn' ' ' upon which such -regulations are .Tn-. fringed, incur a penalty~not exceeding ■'.; twenty pounds. ;; 298. If in any case of collision it appears ...',.-.

T>c court before which the case is tried that suoii Oilkion w.is occasioned hy the nourb.ii i-v.tncv of any rule for the exhibition of Js.r'Hs or. \ho use of fojjsignais. issued; in pur- ;:'.; •.:]■!? of tho powers -hcroiu before contained, or <f ih.i f iregoing rule as to the putting of steam r>:vd snititiff ships, or of the foregoing rule as to usiAva ship keeping to that siila <>f a narrow f:"»:\T KsL whic.h, lies .<».». the. starboard side, th* o.viHii-of ihd ship by which,such rnlo h»» been KiiVii\^:c I shall' ndt he' entuleil to recover xny ' vcb'..';n';>onse WhnieVcVYor tiny dam:t<je sustained hy Bitch ship' in siioh collision, unless it is srio.vti to the satisfaction of the court tlvit the c'iciunstc.ncfs of the case made v departme JVoisi the rule necessary. ' ;.:9;J, In case any damage to per.son or pro-j-'.-t tv - arises from the non-observance by any i>.\.-, r>( any of- the. said rules, such damage vhvi bo doeined to hnve been oocKsioned hy tlw vsia! default of the person in charge of the <;vVK.of .sticii-ship «i the time, unless it is shown ;« ! ,he sutisfaction of the court that the clrcur.jstiuu'ca'ol" the cuse muJe v departure from \h i rult> iioecssury. Ivi;at;t.ATi6NS ron Prrvkstino Colmsions AT fcJEA, issued by the Bonrd of Trade of the United Kingdom, .supersede those prescribed hy the imperial Board of Admiralty dated the twentyfourth day of February, ISn'S; mul most particularly to Articles 2, 20 nnd the final one. Preliminary. Article I. In the following Rules every Steam f.iiip which is under Sail nnd not under Steam is to be considered n Siiliui? Ship, and every Kt.;.;!!i Ship which is under Steam, whether vndcr Sii.l or not, is to be considered a Ship '»-.u.!?r Steam. KUI.ES CONCERNING LIGHT*. Lig/ils. Article 2. The Light menti-ne.l in t!i« f.dlo>vii.g articlt-s numbered 3, 4, 5, o*. 7, S and !' j-.nd no others, shall be carried ia nil weathers from SunsiU to Sunrise. -Liyhts for Su\im Skips. Article 3. S-Mgoing Stenin Ships, when ;.r..Ur weigh, shall carry : — a. At the Foivmast Head, a bright Vhite l.ujht, so fixed ns to show an uniform nnd nn:»r.»ki-:« Light over an Are of the Horizon of _H i\> ; ".t? of tbe Coinpa-s, so fixed us to throw t!ie I,is;!u )0 points on en- h Side of the Ship, viz. from riijiij ahead to 2 Points abaft the Beam on vii'KM Side, !»n«l of such a character as to In->i-.IMe on a dark night, with <\ clear alinosjibero. Nt a clistaneo of at least Five Miles. ..*>. On the Starboard Side, a Given Liuht, S" euiistriK-ted as to throw an uniform ami uobrol.Vir Lijjht over an Arc of the Horizon o' 1 I 1 .) I'oints of the Compiss, so fixed as to throw r v o"!.i..)it from risiht abead to 2 Points ab.tft the Beam on th»> St^rh'vx-.J Side, a-i d of sneh >. cbjiracter as to be visible on .\ dark n i _i h : , wiiii .i cicar atmosphere, at a distance of ,v least Two Miles. «\ On the Port Side, a lied Light, so ron structed as to show an uniform and unbr 'ken Liijht over an Arc of the Horizon of In Pohi's of the Compass, so fix d as to throw the Liv In from right ahead to 2 Points abaft the Beam on vho Port Side, and of such a character as to he visible on a dark nivjht, with a clear atmosphere, at a distance of at least T« o Miles. d The said Green an:l Red Side Lights shall bo fitted with inboard Screens, projecting at least Three Fe.t forward fio:n the Li_-ht, so us tc. prevent these Lights from being seen across the Bo«. Lights fvr Steam Tugs. Article 4 Steam Ships, when towing other Ships, shall c<irry Two bright White Mast Head Lights, vertieully. in addition to th -ir r^ide Lights, so as to distinguish them fiom other Steam Snips. Each of these Mnst Head Lights shall be of the same construction and character as tlie Mast Head Lights which other Steam Ships are required to carry. Lights for Suiting Ships. Article o. Sailing Ships under weigh, or being tiwed. s-h <H carry the same Lights as Steam Ships under weigh, wilh the exception of the White Mast Head Lights, which they shall never carry. Exceptional Lights for Smafl Sailing Ships. Article 6- Whenever, as in the cssc of small vessels iiurincr bad n-eillier, the Gr^-n r.nd Rod Lights cannot he nxed, these Li>_-hi* shall be kept on Deck, ou their respective Sides of the Vessel, ready for instant Exhibition, and sha!!, on 'he approach of or to oth»»r '\ essels, be exhibited on their respective Sides in sufficient Ti:«e to prevent Collision, in such manner »s to :j;ake thtnn most visible, and so that the Grren Light sb.ul r.ot be seen on the Port Side, nor the Red Light on the Starboard Side. To make the Use of th*>so portable Lights more certain and easy, the Lanterns containing th;-:ii shall each be painted Otstside with the Colour of ths L'aht they respectively contain, and shall be provided with suitable Screens. Lights for Ships at Anchor. Ariide 7. Ships, whether S:eam Ships or S-iiins Ships, when _t Anchor in Roadstesds or Fatrvays, shall exhibit, where it can best he see:), but jl: :•. Heigh" not e.\eee-ii:TgT«enty Feet above the H«M, a White L : ; Tbt. in a Globular L:iutcr>) of Eight Inches in Diameter, and so cor.strt:ct?d as to show ?. clear, uniform and ;:nbroken Light visible ail round the Horizon, and _r a distance of at least One Mile. L::;hi* for Pilot Vessels. Art>e:e S. Sailing T\\^\ Vessels shiil not carry :he L'ghts required fur other Sailir,? V,?«->e:>, but shall c trry a WhsJe Li^riit at the M=><t Hvtd, visible all round the Horizan. and snail als:> exhbic a l ? !are-uu Light every P:f:??n Minutes. Li j its for Fis.Mn.j I'isse's and Boats. Articfe 9- Open Fishing Boi!s and other Open Boats shall not be required to carry the Sid** Lishts required for other Vessel-, but shall. W they do not carry such L:g-h;s, carry a Lantern having a Green Slide on the one Side and a R?d Slide or. the other Sid?, and on the approach of or to other Vessels, such Lantern shall be exhibited in sufdeieni t ; -me to prevent Collision, so thar the Green Lsghr shall not be seen on "-he Port Side, nor the Had Light on the S:=«rboar<; Side. Fishing Vessels and Open B^ras when at Anchor or attached to their nets and stationary, sha'i exhibit a br:_bt White Light. FLshina" Vessels and Open Boats shail however, not be presented froaj using 3 Fiare-ap, in addirioa, it" considered expedient. prr~; CO>'CEHXrXS FOG SIGXiLS. Fog Signets. Article 10. Whenever thers :s Pog, whether by Dav or Nigitt. the Fos: Signals described below shall be carried and nsed, and shaEl be sounded at least every Five Minuces, viz.: — z S:eam Sbips under weigh shall use a ? - :3_ii Whistle placed before the funnel, not less than eight feet from the deck. b. Sailing Ships nnder weigh shall use a Fog Earn. cl Stesrrt Snips and Sailing Ships when not Guaer weigh shall use z BelL STZEEIXG JLSD SJ-tLZSG 3.VLES. Two Satliaa Ship.* Meeiina. Article 11. If T^oS-uliag- Ships are rneatin^ end cne or C2*rfy sr?d an, so ss to invoiTe Risk of CoEHsioa* ths Kefms of both shall be put to Pert, so that each mzj pass on. thd Port Side of tbs othar. Irzo Sailing Ships Crossing. Artiste 12. When. Two Sailing Ships are Crsssnsg, so zx to inTolve Risk of Collision, then* if they have the Wind on different Sides, tbe Skip with the Wind on the Port Side shall keep oat of the Way «f tbe Ship with the Wlntl ont ths- Staxbo^rd Si«lef except in ihe ease ia w&lcli tbz Ship vnh the Wind on the Port Side is close I__ale& and the other Ship free, 12 wMch case the latter Ship snail keep oat of t&sWaj; but if tber bx»e fhe Wind cm the ssxos Safe, or if Ovre n£ them hzx the Wini zftf ihz Ship which Hi to Wlai£w»rcf shaf! fees*

out of the Way of the Ship which is to Loewnrd. Two Ships under Steam Meeting. Article 13 If Two Ships nndor Steam are meeting End on nr nearly En I on so as t«> involve Kink of Collision, *the Holitts of both sit •< 11 he put to Port, so tlut each uiiiy p*S9J on tlie Port Sid« of the other. , ti Two Skips under Stodm Vross'thj. \ Article M. If 'Two Ships .Under Sletiui ar.crosrtiiiji: so us to Involve lUsk of- Collision, the Ship which hswUiu^othor on her own Starboard j Side shall -keep <jut of the Way of thD.othor. „ Sailing Ship or Ship under Steam; : ;. Articln I^s. If Two Ships,,ona of which is a Suilinß Ship and tho other. » Stoam Ship, am proceedihi; in hiicli Dintoiions us" to involve Risk -of Collinion; the Stuam Ship shall koep out of the Way of the Sailin« Ship. Ship under Stemn to Slacken Speed. Article Hi. Every Stenin Ship when npprniichi.nK nnother Ship, .so as to involve Risk of Collision, shall Slacken her Speed, or, if necessary, stop and reverse; nnd every Steam Snip shiill, when in a Fog, go at a moderate Speed. Vessels Overtaki ng other Vessels. Article IT. Every Vessel ovortakhiß nnv oilior Vessi'lsliall keep out of the Way of the said last- mentioned Vessel. Construction of Articles 12, M, 15 and 17. Article IS. Where by tho above Rules one of Two Sliips is to keep out of the Wnv, tbo other sholl keep her Course, subject to the Qualifications contuincd in tlie following Article. Prociso to Save "Special Cases, Article 19. In •obryinp nnd con*tm>ni; these liules, due rcjjnrd must bo had to all Dangers i>f iS'avigiiti.m ; nnd due regard must ulmi be had to any Special CirctunsUnccs which may exist in nnv pirticilar ease, ronoVrinv* n Departure from the atmve Rulos neeessmy in order to avoid immediate Danger. No Ship under any Circumstances to Neylect l'ropt'r Precautions. Article "20. Nothing in theso Ilules shall exonerate nnv Ship, or tlu> O«'m»r or Muster or Crew thereof, from tbo Consequences of any N''«h"et to curry Limit's <>r Si^uiil*, or of miy Nejjli'Ct tii keep a proper Look Out, or of ibe Neglect of any lVecnntion which may bo required by tln> Ordinary Practice of Seamen, or by the Speciiil Circumstances of the ense. Stk.vm Naviation Act. ISG^. XL. If in miy Lt'Kiil Proct-edinfi under lbi< any question arises whether uny vessel is or i* not wiibin the provisions ot' this Act, such vessel shall be taken to bo within such provisions, unless proof to tho contrary ' s adduced. The Mauink Bo.vun Act, IS6U. LVI. If any pors >n fjiils, refuse-; or neglects to dn, or in nnv manner obstructs, impedes or interferes with the tloinj» of iinylhini; enjoined or iiulhorised in l>« dono, or wilfully dues nnvthinp prolnbiied by this Act, or molests or makes use of any ihronlening or iihusivc liinKittigo to imv Wiirden, riarbor Pilot or otlo-r Otlirer. whilst in the execution of his duty under this Act, or in nnv other respect offends against any of tho provisions of this Act. or any regulation duly made under authority of this Act, every such person in any such cuse so oflfonditisj, shall, where no other pennltv is in that behalf specially provided, forfeit ii penalty not exceeding Fifty Pounds. LXIII. Any Harbor Master or other Officer or person who refuses or neglects to perform nnv duly imposed on him by this Act, or by any regulations made and issued under the authority of this Act,orwho, through m-gligenee or i!runke.niu'*s, does «r occasions miy injury to a vessel or to tin' tuekle or fnrniture thtT'Ol', or who, while in the execution of his duty as such Harbor Master, makes use of any ilm£ or abusive l\ngu;>i;e li> the masu-r of any vessel, shall forfeit a pen-iliy not exceeding Fifty Pounds. LXXIT. All ltu'.es and Kejrul.iiions matle nniler tho Ordinances wtiirli are in force when this Act comes into operation, shall continue in foroe as if m.»>!» under this Act, uniil levoked or altered under the Authority of this Act, and no longer. Your attention is p.irtiiiv'arly directed and enjoined to the whole >^t' the Regulations issued by the Board of Trade | see before], directed to be published for general inforinu tion by the Honorable the Colonial Treasurer (a Warden of this Board), and most particularly to its last clause. The above Regulations a pp'y t" a " ship?, whatever their nuiionnlitv. within the limits of British jurisdiction, and to British and French ships whether within British jurisdiction or not. Having examined and compared these clauses, you will perceive that by the Acts vl' the General Assembly — to wit, " The Marine Botrd Ac! " and "Steam Xavio-fiti'in Act"' of ISti-J, cliuses XXVI [ and XXV FIT, careful provision was made to incorporate all the laws then existing 1 under Imperial authorities into those which have since received Her Majesty's assent ; al<o for the immediate adoption of all such modifications and changes as might from timo to time be issued nnd proclaimed in the Linden Gazr'tt. under the authority of the Board of Trade in the United Kingdom. By n comparison n{ the former Regulations i«ned by the Imperial Board of Admiralty, in ISoS, with those which were Gazetted in May las', issued by the Board of Trade of the United Kingdom, you will perceive that the language of the lan- now in force is much more literal, iar nv»re comprehensive and emphatic, nnd in the saice ratio less possible of Misconstrue tion. You will understand that the Regulation? now in force, Hke those they replaced, are si? Iressed to His Excellency tlie Governor-in-Ciiie:*; it is incumbent, therefore, upon all Hsrbor Masters and Pilots who exercise their a;ith'iritv over and in their respective p<.>rts by virtue of the Governor's warrants, to see tbe same en force J. The Harbor Reuulsitinns fully provide for the internal economy and order of the ports to which they respectively apply. As any departure from " The Regulations Issued by the Boar.l of Trade" may be fraught with the most disastrous consequences, you are directed and enjoined to immediately lav iuforrnatii>ns asjainst all parties who may be tjuiity oi such departure or evasion, that they may be ! brought before a competent tribunal; until this j is done, by silencJy permitting any such deparI tnre or evasion, the officers of the Colonial i Government render themselves obnoxious to i the charge of being aiders and abheitors in the | place of oeiag piocectors to the public. i ROBERT GREAVES, | -"Warden and Treasurer, | Chief Marine Board. i