CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 34, 25 January 1864, Page 5 (Supplement)

CHIEF MARINE BOARD OF NEW ZEALAND.

The 'foil (»« ing il i root in ris .and rtßulnifons of tha Chief Murine -Uou.nl .of New ZiJ-.du.ml *re taken from ilie fy'jttelton Times„-— To all Harbor Masters untl Pilots iii their respective Ports in tlie islands of New Zealand, — Your attention is hereby directed and enjoined to the following clauses of the existing laws aud regulations : — The Marine Board -Act, 188:2. XXVI L In any port of the colony where no Murine Board shall have been constitu led as hereinafter provided, anil until some Marine. Board shall be so constituted, the Chief Murine Board shall have all such powers and exercise all such duties und functions ns are or may be conferred upon any Board by tbe " Steam Navigation Act. 11aG2," or by any Xct which may hereafter be passed by tlie Legislature of the colony for tlie surat 1 or similar purposes. XXXIII. It shall bo lawful for the Superintendent and Provincial Council of any province, by Act or Ordinance to be passed on that behalf before the tbiriy-Srst day of December, in the *ear 1863, to constitute f«r any port within such province a Marine Board, and to distinguish each Board by such name as may sewn 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 auy such Board within the province; provided thai every such Act or Ordinance shall be reserved for the Governor's assent. 11. In the construction and for the purposes of this Acr, and of all proceedings under this Acl, the following words shall have the meanings hereinafter assigned to them, unless there is something in the context of ilie Act repugnant to such construction: — " Board " shall mean the Marine Board of the port in relation lo which the term is used. " Warden •" shall include Master Warden. " Port •" shall extend to r.nd include uny 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 placo useil for the landing ol' goods or passengers, situate within any ''Port," the management of which is otherwise provuleil for by law. "Collector of Customs" shall include the person acting as such at the port in respect of which the t«rm is used. "Harbor Master" shalt extend to and include any Deputy Harbor Mas'er or person for the timo being acting as sue Harbor Master or Deputy. "Master" shill extend to and include the peiS'-n, not. being a pilot, commanding or for the time being having the principal or actual charge, custody or control id' a vessel. "Colonial Ports" shall mean all ports within the colony, and -.villi. n Hie Australian colonies. "Colonial Trailer" shall mean and intend a vessel ihe master of wliich has at anytime made more than tun consecutive voyages to and fro botween 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, 1862. 11. In the interpretation of this Act the words ''the Board" shall mam the Marine Board having jurisdiction under the New Zealand "Marine Board Act, ISG2," in or over ttio harbor or place witiiin the limits of which it may be necessary lo exercise tlie powers of this Act, or any of them ; and the words " lliver Service " shall mean sucli service oo any river, creek, buy or arm r.f the sea as shall be'dechued by the Board lo 1;^ a River Service. XXVII. It shall be incumbent on all steam vessels, sailing vessels -Mid vessels at anchor to e.trrv aud display the several lights and signals prescribed f.-r the respective vessels by the Imperial Board of Adinualty, in a notice oV.ied the twenty-fourth day of February, Itioß, or such light and signals as shall be fixed by ref-uh-iion as next hereinafter provided. XXVIII. it shall be la" ful for the Governor in Council, by au order to that effect, to prescribe any and what provisions or chanties shall be ma.le in respect to ihe following equipments, matters and things relating to vessels, viz.: — The fillings and equipments of bonis. The anchors and mooring or ground tackle on board vessels. The valves or other parts of the boilers, engines, or machinery ol steamers. The lights to be earrie.!. and signals to be made or displayed, and generally to reguUte all the 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 lores of law. Provided that no such changes shall be prescribed uniess the same shall have been made or recommended to be male by the Board of Trade of the United Kingdom. Merchant Suiprit-iq Act. I 291. The fourth part of this Act shall applyto all British ships; and all foreign steamships i carrying passengers between places in the Uuited 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 mates thereof to which British steam ships are subject. 517. Tlie 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: (thtitis to say) (1) The Admiralty shall from time to time make regulations requiring the exhibi tion of such lights by such classes of ships, whether steam or sailing ships, within such places and nnder such circumstances as they think fit, and may from time to lime 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 sh.ill come into operation on a day lo be named in the Gazette in which they are published, aud the Admiralty shall cause all such regulations to be printed, and shall furnish a copy thereof to any owner or master of i ship who applies for the same, and pro. duction of the Gazette containing sucl regulations shall be sufficient evidenci ot the due making and purport thereof (4) All owners and masters shall be bound tc to lake notice of the same, and shall, so long as the same continue in force, exhibit such lights, and use such fos signals, at such times, within such places, in such manner, and 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 owner of the ship, if it appears that lie was in fault, shall for each occasion upon which such regulations are infringed, incur a. penalty not exceeding twenty pounds. 2DB If in any case of collibum K appears

the court before which the case is tried that sueh 4 -, collision was occasioned by the non- • ■bservance of any rule for the exhibition of lights or thS use of fog 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 the foregoing rule as to a steam ship keeping to that side of a narrovv, channel which lies- on the starboard side, the owner of the ship by which such rule has been infringed shall hot 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 thit. the circumstances of the case made a departure from the rule necessary. 299. In case any damage to "-person or property arises from the non-observancevby any ship of any of the said rules, such damage shall be deemed to have been occasioned by the' wilful default ofthe 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 for Preventing Gollmioms at Sea, issued by the Board of Trade of the United Kingdom, supersede those by the Imperial Board ot 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 Rulesf every Steantv Ship which is under Sail and not under Steam is to be considered a Sailing Ship, and every Stoam Ship which is under Steam, whether under Sail or not, is to be considered a Ship under Steam. RULES CONCERNING I.IGHTB. 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 Shifts. A\rtirde 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 ofthe Horizon of 20 Points of the Compass, so fixed as to throw the Light 10 Points on ea> h Si>le 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 ou 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 Light over an Arc of the Horizon of 10 Points of ths Compass, so fixed as to throw the LY-ht from right 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 atniosohere, 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 ov^r 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 T« o Miles. d The said Green and Red Side Lights shall he iit red with inboard Screens, projecting at least Three Feet forward from the Light, so a*s to prevent these Lights from being seen aaross the Botv. Lights for Steam Tugs. Article 4. Steam Ships, when towing ctht-r Ships, shall carry Two bright Wliite Mast Head Lights, vertically, in addition to their Side Lights, so as to distinguish them from other Steam Ships. Kadi of these Mast Head . Lights shall be of the same construction and character as the ",.ast 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 Ship's under weigh, with the exception of the White Mast Head Lights, wliich they shall never carry. Exceptional Lights for Small Sailing Ships. Article fj. Whenever, us in the case of small vessels during bad weather, the Green and Rett Lights cannot be fixed, these Light** shall be kept on Deck, on their respective Sides of the Vessel, ready for instant Exhibition, and shall, on the approach of or to ether Vessels, be exhibited on their respective Sides in suliicient Time, to prevent Collision, i:t such manner ns to make them most visible, and so that the t.reen 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 nnd 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 s»e!i, but at a Height not exeeeding'fwenty 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 Ileid, visible all round the Horizon, and shall also exhibit a Fiare-up Light every Fifteen Minutes. Lights for Fishing Vessels and Boats. Article 9. Open Fishing Boits and other Open Boats shall not he 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 Siide on the other Side, and on th;approach of or to other Vessels, such Lantern shall he exhibited in suliicient 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 A*V.nchor or attached to their nets and stationary, shall, exhibit a bright White Light. Fishing Vessels and Open Boats shall however, nol 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 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 shell 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 Ris'u of Collision, the Helms of both shall be put t ■ Port, so that each may pass on the Port Shy of the other., , ■ ■ ' ■ lico Sailing Ships Crossing. Article 12. When Two Sailing Ships are Crossing, so as to involve Risk of Collision. then, if they haye the Wind on different Side*, the Ship with the Wind on the Port Side sh:. i . keep out of the- Way 'of.the.-_Sbipy.with th Wind on the Starboard' Side; except lp iho ea- - ' in which th.c Ship with the Wind on the 1W: Side is close hauled arnLthe othervShip Ire.*, in which case the latter Ship. shaU7k€ep out Mf. the Way ; but, if they have the Wind on .-V silme Side, or if One of them has the. >W hi ' alt, the Ship which is to Windward 3haU. kt-uo

a of the Way of the Ship which is to 1. toward. ' Ttto Ships under Steam Meeting. Article 13. If Two Ships under Steam are ••■••Ming End on or nearly End on so ns to volve Risk of Collision, the Helms of both •11 be pnt to Port, so that each may pass on •■ c Port Sine of the other. 7*loo Ships under Steam Crossing. Article 14. If : T*o -Ship* under Steam nre • > ssing sons to involve Risk of. Collision, the ••. ;- ip which has the other on her own Starboard Y.te shall keep out of the W*y of the other. Sailing Ship or Ship under Steam. Article 15. If Two Ships, one of which is a t : iding Ship and the other a Steam Ship, are i* "ceeding in such Directions as to involve ".■•.lc of Collision, the Steam Ship shall beep ■ ■•■i .of the Way of the Sailing Ship. Ship under Steam to Slacken Speed. Article 1 6. Every Steam Ship when ap- • ■-••aching another Ship, so as to involve Risk •• : Collision, shall Slacken her Speed, or, if : .-cessary, stop and reverse; and every Steam S.u'p sball, when iv a Fog, go at a moderate Speed. Vessels Overtaking other Vessels. Article 17. . Every Vessel overtaking any, • ther Vessel shall keep otitof the Way ofthe said ! »<t-mentioned Vessel. Construction of Articles 12, 14, 15 and 17. Article IS. Where by the above Rules one of Two Ships is to keep bin of the Way, the other -hall keep her Course, subject to the Qualifications contained in the following Article. Proviso to Save Special Cases. j Article 19. In obeying and construing thpse 1 Jules, doe regard must he had to all Dangers ■ : -f Navigation ; and due regard must also be ••ad to any. Special Circumstances which may exist in any particular case, rendering a Departure from the ahove Rules necessary in • •rder to avoid immediate Danger. No Ship tinder any Circumstances to Neglect Proper Precautions. Article 20. Nothing in these Rules shall • sonerate any Ship, or the Owner or Master or (Yew thereof, from the Consequences of any Neglect .to carry Lights or Signals, or of any Neglect to keep a proper Look Oat, or of the Neglect of any Precaution wliich may he .•••quired hy the Ordinary Practice of Seiimen, or by the Special Circumstances of the case. Steam -Naviation Act. *1862. XL. If in nny Legal Proceeding under this any question arises whether any vessel is or is uot within the provisions of this Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced. Thte Marine Board Act, ISG2. liVl.^lf 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 anything 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 auy regulation duly made nuder authority of this Act, every snch person in any such case so offending, shall, where no other penaltyis 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 liim by this Act, or by any regulations made and issued under the authority of tins Act.orwho, through negligence ■or drunkenness, does <>r occasions any injury to a vessel or. to the tackle or furniture therfof, or who, while in tiie execution'of bis duty as such Harbor Master, makes use of any threatening or abusive language to the master of any vessel, shall forfeit a penalty not exceeding Fifty Pounds. LXXII. All Rules and Regulations made nnder the Ordinances which are in force when this Act conies into operation, shall continue in force as if made under this .-Vet, until revoked or altered under the Authority of tbis 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 in forma tion by the Honorable the Colonial Treasurer (a Warden of this Board), and most particular. y lo its last clause. The above Regulations apply tn 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 these clauses, yon will perceive that by the Acts of the General Assembly — to wit, " The Marine Board Act" and "Steam Navigation A^ct" of 1562, chuses XXVII and XXVIII, careful provision was made to incorporate all the laws then existing nnder 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 a comparison of the former Regulations issued by the Imperial Board of Admiral 13*, iv 1858, with those which were Gazetted in Maylast, issued by the Board of Trade of the TJnited Kingdom, you will perceive that the language of the law 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 jiovr iv force, like those they replaced, are addressed to His Excellency the Govemor-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 the same enforced. The Harbor Regulations fully provide for the internal economy and order of the ports to which they respectively apply. As any departure from " The Regulations Issued hy 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 snch departure or evasion! that they may be "brought before a competent tribunal; until this is done, by silently permitting any sucli departure or evasion, the officers of the Colonial Government render themselves obnoxious to the charge of being aiders and abhettors in the place of being ptotectors to the pablic. ROBERT GREAVES, Warden and Treasurer, Chief Marine Board.