CHIEF MARINE BOARD OF NEW ZEALAND.

Southland Times, Volume III, Issue 43, 15 February 1864, Page 7

CHIEF MARINE BOARD OF NEW ZEALAND.

The following directions and regulations of tho Chief Marino Board of New Zealand are taken from the ALt/ttelcon Times : — To all Har'nor Miis'eic and Pilots in their respective Ports in the Islands of- New Zealand,—Your attention is hereby dlreoted and enjo!ned to the following 01-4-Jses pf the existing jaws and regulations :—• Tif 15 Matins Bo.vhd A-OTi 180.2, XXVn. In any port of the, oolony wher* -ho M«i'ino Board eluU hayo heen .constituted as harelnaftoi' ppovidedi and until frome Marina Saaf-ei ahsll Is-** a-a.e-nneiitutad, tha Chief Maflne Soar3 aluill havo ail suoh powers and pprcisis all such dvulca md functions ns are or may ha conferred upon ony Boar;!, by the " Str»aiti Navigation Act, ISQ3,'' fit-by an? Aot .which may hereafter be passed by tha Legislature 6( the colony for the same or eltnil^i* purpnses. KXXIH. It shall be lawful for'the Buperin» tetidp.qt apt Provincial Council of any pro. vines, by Aot or Ordinanort to ho pasaefl or that behalf befeva the tldpty»flrst fay of Bso-amuo?, In tlio sear I§<s. to -aoneitUus fay any pwt w Uhin e«oh province a Marine Board, and to distinguish eaoh B^ofd by audi name sg may &mn fi»» and |« ettnffep upon suoh Board anv -poweySi (hHies. and frnietiotis eubjeottn ths provisions of tlds Aot*, atid io givo power to thd Superinteniltmt of the province tfl cleans ths liiri'ita nf jurlfedJotiott of any fiuoh Board within tha proviticej provided that every suoh Ast or Ordin^nes shall bo rescv'vefl for the Governor's assent. | |*£. In tho construction and for tho purposes j of this A<it, and of all proofifdings under thia j Aci, tha following W6?da shall have the moan- j ings hereinafter assigned to than*;* unless tharo j is BOttiethintf in the cantos: l af tho Aot i repugnant to s-joh sonati l uoUoft!«e< j " Buard M shall marm tho Marine Board of I ths port in relation to whioh the twin Is j nssdi ; "^Warden "' shall include Master Warden. ' ''Port' 1 shall extend to and include any I part, harbor or haven or navigable j creel; or river within th? jurisdiction of ! the Boards respectively. ! <! Wharf" shall extend to aiul include any j public wharf, quay or pier, or any place j used for tho landing of goods or pas- j sengers, situate within any "Port," the I management of whioh is otherwise pro* j vided for b.v law. "Collector of Customs-" shall include the I person acting as such at tlie port in respect of which the term is used. "Harbor Master" shalt extend to and inolude 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 beine 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 mean and intend a vessel the master of which has at anv time made more than two consecutive voyages to and fro between the port in tliis colony in which the vessel may be and any oilier colonial port, and which is actually trading between colonial ports. Steam Navigation Act, ISG2. 11. In the interpretation of this Act the words "the Board" shall mean the Marine Board having jurisdiction under the New Zealand "Marine Board Act, ISG'i," in or over the harbor or place within the limits of which it may be necessary to exercise tlie powers of this Act, or any of thern ; and tlie words " lliver Service " shall mean such service on any river, creek, bay or arm oi* the sea as shall be declared by the Board to be a River Service. XXV n. It shall be incumbent on all steam vessels, sailing vessels and vessels at anchor to carry and display the several li»hts 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 fised Deregulation as next hereinafter provided. XXVIII. It shall be lawful for the Governor in Council, by an order tn that effect, to prescribe any and what 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. Tiie 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 o-enerally to regulate 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 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 tlie provisions contained in the fourth part of this Act, and likewise to the same provisions with respect to the certificates of the masters aud mates thereof to which British steam ships are subject. 5-17. 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 tlie 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, aud the Admiralty shall cause all such regulations to be printed, and shall furnish a copy thereof to any owner or master of £ ship who applies for the same, and production of the Gazette containing sucl regulations shall be sufficient evidenci of the due' making and purport thereof (4) All owners and masters shall be bound tc to take notice of the same, and shall, so long as the same continue in force : exhibit such lights, and use such ibfc siguals, at such times, within sucl. 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 owier 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. 298, If in any case of collision it appears

the court before which the case is triecj that suoh collision was occasioned by tho nonobservanoe of . any rule for the exhibition of lights or the use of fog signals issued in pursuance of the powers hereinbefore contained, or of the foregoing rule as to the passing af steam and sailing ships, ov of the foregoing rule as tp a steam ship keeping 1 to that side of a, narrow channel whioh lies on the starboard side, the owner of the ship by whioh such rule has-been infringed shall not be entitled to recover any rsoompenEe .wh&tore|Jbr; any damago sustained by suoh aliip in such eqllision, unless it ia shown to the saMsfagtjnn of the court that tha oho urn star. Qea' of the onso mado a departure ft-om tho'vule neogssary.---209. In oaao my damago to person or properly arises from the' non-nb-sevvanaa by any ship* of any of the snid rules) suoh damage shall be deemed tts havo beafi eomn&iohed by thft wilful default of the p&rson ip -dJiArge of tho deck of such ship at the time, unljees.it its shown \ td the 86>tisfaqt{pn of the court that the oir? j dunristances qf the <mse made n dpparturg frqi^ th? rule neoessfiry. fIBfItHATIQiW ■fO». I Pi«V«WOTH.O.OOWiia-IQIW j Af Sba, Y i I issued "by ths Bonrd' of Trade of the United j Kingdom, sttperst-de thosa prescribed hy thd Xi«peri:*\S' Board pf Admiralty d<Uod tha twentyfourth (toy of February, 18-58; and most p<\p« | ttoulariy tn Artiotoa 2j 30 end the iinftl <m j Articlo 1. fn the follQwlntr gules every § tap. tr? i Ship whioh is under Sail nnd X\ol under Steam i is to be oonsidoi-od u gaijlug $hipi and ovovj* i Steam sh'p whioh i* «ndm* Stenm-, whotho? j I undar Sail or not, ia to be oonsidsrad 8 Bhij3 ! vM ! )\' Stor, w 4 'I j Lights* j j Artiole 3. Tho tyght n*.enti»i*ed in iho (01. \ i lowing articles numbered <•. 4, 5, d, *1. 8 nnd 0 I i and no others, shall be carried in till wsathora I i from Sunset to Sunrise, j i I ! Lights for Steam Ships, \ | Ai'iinlo 3. Seagoing Steam Ships, ..when j ! under weigh, shall darry }— j ! a. At tlie foremast Hoad, a bright Whito i | Light, ao fixed aa to show an uniform and un* j • broken Light over an Aro ofthe Horizon of *20 j i Points of the Camnn&s*, so fixed as to throw the j ! Light 10 Points on each Side of the Ship, via. i I from right ahead to 2 Points abaft the Beam on j j either Side, and of such a character as to be j visible on a dark night, with a dear atmosphere, at a distance of at least Five Miles. j ! b. On the Starboard Side, a Green Light, so j I constructed as to throw an uniform and un- | : broken Light over an Arc of the Horizon ofi I 10 Points of the Compass, so fixed as to -throw j i the Light from right ahead to 2 Points abaft I ' tlie Beam on the Starboard Side, aud of such ■ , a character as to be visible on a dark night, * j with a clear atmosphere, at a distance of at ; i least Two Miles. j i c. On the Port Side, a P«,ed Light, so con- ; structed as to show an uniform and unbroken \ Light over an Arc of the Horizon of 10 Points i j of the Compass, so fixed as to throw the Light j j from right ahead to 2 Points abaft tbe Beam on I I the PortJSide, and of such a character as to be i j visible on a dark night, with a clear atmosphere, | ' at a distance of at least Tuo Miles. j 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 frora being seen acioss I ! the Bow. i | Lights for Steam Tugs. '■■ ! Article 4. Steam Ships, when towing c-iritr i ! Ships, shall carry Two bright Whit-i Mast \ : Head Lights, vertically, in addition to their ! Side Lights, so as to distinguish them from other Steam Ships. Each of these Mast Mead • Lights shall be of the same construction and i character as the Mast Head Lights which j other Steam Ships are required to carry. j Lights for Sailing Ships. ■ Article 5. Sailing Ships under weigh, or j being towed, shnll carry the same Lights as j j Steam Ships under weigh, with the exception j i of the White Mast Head Lights, which they | shall never carry. | Exceptional Lights for Small. Sailing Ships, j I Article G- Whenever, as in the case of small vessels during bad weather, tlie Green and Red Lights cannot be fixed, these Lights shall be ltept 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 i Green Light shall not be seen on the Port Side, nor tbe Red Light, on the Starboard Side. To make the Use of thpse 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 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 not exceedingTwenty 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 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 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. KULES CONCERNING FOG SIGNALS. Fog Sig?ials. 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. Tioo 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. r lwo Sailing Shijis 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; excerit 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 .same Side, or if One .of thein has the Wind aft, the Ship which is to Windward shall keee

out of the Way of the Ship which is tp Leeward. '■'.-■■■ ■ ' - Two Ships under Steam Meeting., . Article 13- If Two Ships under -Stpaip, are meeting End on or nearly End on so as to involve Risk of Collision, Vie Helms of both shall be put to PortYsp that each may pass on the Port Side of the other. Ttoo Ships under Steam Crossing. Article 14. If Two' Ships uuder Steam are crossing an as to involve Risk of "Collision,* the Ship -whioh has the other on her own Starboard Side shall ]{Gpp out of the' Way of tho oth??, Sailing Ship or Ship wider Stmin. AvtloJft 35, If- Two Ships, one of -which ia a Sailing Ship and the other a Steara Ship, are pfoofedins in such Directions as to Involve Iftisk rtf Collision, the Steam Ship shall keep out of the Wav fif the Sailing Ship, * Ship under Steam t o Sltttkm Speed. Attidls 18. Every Steam Ship when up* pt'oßchinp? another Ship, so as to involve Hi »k fif Collision, shall Slaoken her Speed, or, if nasagssvy, atop and reverse • and every Steara §hip shall, whan in a Fog, go Bt a modarate VmoU Onrtuhh\g pihtv VmbU. . . Articlo 1?, Every Vessel .iveViablns anv ftthcr'V'eaßsl shall keep out ofthe Way ofthe said Iftstt-metttifined Vessel. ' ; '•'' ■''•• ■' iV Oonsirmihn of Arlidki 1S» 14, 13 and \l, ■ Artlyle 18. Where by the above Rules orts of Tw**. Ships ia to keep mil of the Way, the other shil! Hep l*iOV Course, subject to the Cj,ualifloa» U<Ms fctrntsttned in tho following ArtitrtD. A A" I s royim io S'rtVd Special G<t&6B. Artiole 10- tn.. obeying, and oonstrnins those Boles, due rdgnrd must be had. to all Dangers nf Navigation \ m& d*u& regard must alao be hftd to "any Special CiraumsUnues whioh tnny exist In any partiaiUar eatsa, rendering a Departure from the ahove Bules neeessary in ardor to avoid immediate Banger. &o Ship 'under any Circumstances to NtigUol Proper Precautions. Article 20. Nothing in these Rules shall exonerate tiny Ship, or the Owner or Master or: Crew thoroftf, from the Consequences of anyNeglect to carry Litfbla or Signals, or of any Neglect to "keep a proper Look Out, or of tho, Neglect of any Precaution whioh may be required b,v the Ordinary Practice of Soamen, or by the Special Circumstances of the case. Steam 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 sueh provisions, unless proof to tbe contrary is adduced. The Marine Boa.iu> Act, 1862. LVr. If any person fails, refuse? or neglects to do, or in uny 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 anv 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 uny regulation duly made under authority nf this Act, every such person in any such case so offending, shall, whe^e 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 and issued under the authority of this Act, or who, through negligence or drunkenness, does or occasions any injury to a vessel or to the tackle or furniture thereof, or who. while in the execution of his duty as such Harbor Master, makes use of any threatening or abusive, language tn the master of any vessel, shall forfeit a penalty not exceeding Fifty Pounds. LXXIT. All Rules and Regulations made under the Ordinances which are in -force when this Act comes into operation, hhall continue iu 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 tho whole of tlie- Regulations issued by tlie Board of Trade |see»before], directed to be published for general information by tlie Honorable the Colonial Treasurer (a Warden of this Board), and most particularly to its last clause. Tlie 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 these clauses, you will perceive that by the Acts of the General Assembly — to wit, " The Marine Board Act" and "Steam Navigation Act" of 1862, chuses XXVII ancl 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 a comparison of the former Regulations issued by the Imperial Board of Admiralty, iu 1858, with those which were Gazetted in May last, issued by the Board of Trade of the United 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 satne ratio less possible of misconstruction. Yuu 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 aod 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 by 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 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. ROBERT GREAVES, Warden and Treasurer, Chief Marine Board. I