The New Zealand Herald. AUCKLAND, MONDAY, FEBRUARY 15, 1864. THE ENGAGEMENT AT WAIARE.

New Zealand Herald, Volume I, Issue 80, 15 February 1864, Page 3

The New Zealand Herald.

AUCKLAND, MONDAY, FEBRUARY 15, 1864. THE ENGAGEMENT AT WAIARE.

SPKCTEMUt AGENDO. " Give every raan thine ear, but fevr thy voire: T«ke each niunV <*en<ure, hut re>erve thy judgment. This iibovc all.—To thine ownscll'he true; Airt it must f-'llow, as the nicht the <l»y. Thou canst not then be false to nay mail."

At eleven o'clock on Saturday night we published a fourth edition, having been furnished with fuller and more correct particulars of the affair by the Government, who were anxious that the true account should at once be placed before the public. The fourth edition, which we republish below, was? issued at that late hour, and widely posted in various parts of the city. Ah certain inaccuracies have crept into the information forwarded by the correspondents from the front, we have refrained from republishing our second and third editions of Saturday. It will be seen that our fellow citizens. Captain Charles Heaphy, of the Auckland 3iliie Volunteers, and Captain Jackson, of the Forest Hangers, greatly distinguished themselves at the "Wuiarc, Captain Jackson killing a Maori at a hand-to-hand encounter. The oilicial report will be published in the Gazette as soon as received, and will from thence be republished in our columns for general information. Hekald Office, Saturday Evening, Feb. 13, 11 p.m. As several inaccuracies have appeared in reference to the engagement with the enemy at the front on the 11th instant, wo have been authorized to state that his .Exeellency the Governor has just received a letter (not official) from the General, and we have been furnished with the following particulars, in order that the public may have correct information on a matter on which considerable anxiety exists. A number of men went down to bathe at the > Mangapiko (a river running into the Waipa above the camp at Te liore), under the protection of a covering party and were suddenly attacked by a considerable body of Maoris, about lot) in number, concealed in the gullies below and to the right of Colonel Waddy's camp. The covering party was quickly reinforced, and ultimately we must have had upwards of 300 men engaged. ITie Forest Bangers arrived towards the close of the affair, and did good -acT/ice, Tiio last&d from t^rco

0 clock till dark. The enemy's loss was nboi | tlnHv -killed ; and our own, six killed and fh j wounded. Ten dead bodies of tlio Maoris wei j carried up to the redoubt, and two prisonei ) takert in wounded, one of whom had his le j amputated on. the following morning. Every one behated tery well. Captain .Tael | son killed a Maori with his own hand. Captai Aleapliy, who liappened to lie at, the Camv j accompanied a liarty of the 40th, and had a ver j narrow escape, being s-lightly wounded in tlirc \ places. | It is said that the enemy hud formed a plan t I Mtnck Colonel AVaddy's camp on the mornin, | ot the 12th; aiid that the party at Mangapik was the one which was to have attacked tli right Hank. . A party ot laons went down to Mangapikc on the morning following the engagement, ti look for bodies. They were not interfered with and a party was afterwards sent there from tin Canin to bring in the body of a man of the 50th which could not.be toiuid 011 the previou evening. The General offered to let the Maoris havi the 10 bodies at the redoubt, but they did 110 seem inclined to send men to fetch tlieni. llie skirmish was a very sharp one, ant the Maoris have received a lesson which wil make them not quite so ready to lay ambuscade! for the future. The ollicial report will be published in tin G\izc.lte as soon as it is received. Since tho above was in type the followim despatch, witli enclosures, from Lieutenant General Cameron, lias been received. Xic.'.tciiili't-oC'Ki'iU CtiitH'rnii In t/ir (lorer/toi". .Head Quarters, Camp To l\ ore, Feb. 13. 18f> ). bin,—l have the '].(.T to forward for vom Excellency's information, copies of reports received from Colonel A\ addy, C.8., and other otliecrs (as named in the margin*) of a skirmish which took place on the 11th instant 011 the Mangapiko river. Having been eye-witness to the engagement, I can fully corroborate tin' favourable reportgiven by Colonel AVaddv, C.8.. and LieutenantColonel Sir H. Havelock. Hart., of the conduct of all the troops engaged. 1 l>eg more particularly to bring to your favourable notice the srallantry displayed bv Captains Jackson and Von Tempsky. and the ollieers and men of the Forest- .lvangers, under their command. Lieut.-Colonel Sir Henry Havelock exhibited the greatest ze:d and gallantry throughout the engagement, the successful result of which is in great measure to be attributed to the skill with which lie directed I lie movements of the skirmishers, and intercepted the retreat of the enemy. 1 have. ifcc.. 3). A. Cameron. Lieut.-General. His Excellency. Sir George (Irey, 1v.C.8. Ac.. Jn front of Palerangi. 12ih February, ISfil. Slll, —I have the honor to report lor the information of the Lieutenant-Gcneral commanding the Forces that, about •> p.m. yesterday, a party of about 50 men of the force under my command were proceed in:; to bathe in the river at a point some 000 yards to the right- rear of this camp, when they were tired upon by a party of the enemy, who lay concealed in the fern on the opposite side of the river. The covering parly oi 2" men. under an otlicer of the 10th Regt., returned the fire, upon hearing which 1 at once sent oll'oO men to reinforce this party. A very sharp fire was kept up bv both .--ides for some time, the Maoris falling hack. Seeing that a considerable number of the enemy were scattered about the flat near the river, 1 sent ou* further reinforcements, till about 200 men were engaged. Owing to the broken nature of the ground, and the high and thick fern, the troops could advance but slowly, and had great dillicidty in finding where the enemy lay. After the greater number of the enemy had retired, I recalled the troops, as soon as all our killed and wounded were carried oft' the field, except one of the 'JOtli Uegt. 10 dead and 2 wounded Maoris were also brought into our camp, but several more were left 011 the f'ekl. Lt.-Col. Sir it. Havelock. Bart., (who was engaged with the troops from the time they first went out till their return to camp, about half-past seven p.m..) reports having counted 28 dead of the enemy; and from the reports of other otliecrs. I believe five or six more are killed, i have much pleasure in stating that all officers and men turned out with the greatest alacrity, and those engaged behaved very much to my satisfaction. I estimate the force of the enemy at about 150. I beg to enclose a return of casualties. The body of the man of tiie-lOlh Keg!., who was missing yesterday, was recovered this morning, brought into camp, and interred will) the other dead. The bodies of the enemy killed have been handed over to a party of their iiwii, in compliance with the orders of the Lt.General commanding the forces. 1 beg to enclose a report from Sir H. ] Lavelock, Deputy Assistant Quarter-Ma.sler-General, who ivas senior ollicer with the h-oops actually engaged. I have, &i:., 11. Wapdy, • Colonel. Camp in front of Paterangi. The Assistant Military Secretary, l'e Itore. (True copy) J. D. Bakee. Captain, A. A. M. Sec. TJa'i. Colonel- if. M. Jfarclocl; lo Colonel J!. VmUhi, C.JI., conimiiitrliiitj the Advanvat Camp /tear /V----tcrutuji. Camp before Paterangi Pa. 12th February, IS(M. Sir, —Having been directed by the Lieut.General Commanding to report on the successful skirmish of yesterday, 011 both banks of he Mangapiko Kivcr, I have the honor to state hat about 2.30 p.m., on an alarm that a bathing larty had been suddenly fired 011 from an ambush jy apparently 100 Maoris detatcbed from the L'aterangi pa" the inlying picquets of 40th and 50th Regiments, at this camp, turned out promptly and hastened to the scene, being •einforced immediately by parties of both regiments as fast as the men could seize their firms. 2. The Maoris retired along the left bank, nul a sharp running fight soon commenced between them and the foremost pursuers. :5. Finding themselves so readily met, they took post, while endeavouring to gain their r>a. on the site of an ancient entrenchment called \Vniari. where the high mounts and deep ditches if an old fortification, densely overgrown with thick cover, gave' them, together with their intimate knowledge of the ground, great adran tage. 4. On reaching the level plain, under lalerangi, after crossing the Pakoutu stream, X [bund that the pursuit and fight had gone to my right. But, as there were threats of large bodies sallying out to cut oil' those of Dur tueu whose eagerness had carried them farthesl to the front, I collected every available soldier of both regiments, and formed them up in chain of skirmisiiers and supports to watch this flank. Soon after, a party under Captain the Hon. E. Le Poer 'trench, dOtli regl;., having assured our left, and rear, I moved rapidly clowu to where our leading men were hotly engaged and pressed. o. They were commanded by Captain Fisher, 10th regiment, who had hastened here earlier - Lisut.-Coione] Sir 11. Haveloci, Bart,; Captain Jackson, I'oresfc HajijjQKi; Captauj Von ICiiipiiy, Forest Risj'-sy.

it with a" few moil. Captain Jloaphy, Auckland o H i lie Volunteers, and Captain Jackson, Forest c Hangers,(both accidentally on the spot), had 's lent their services, and rcinforecd nim with g some thirty men of 40th and 50th. 15. These parties, that, which I myself brought, up, and one under Ensign Xing, '10th, united, u had now the happiness to came full on the i, main body of the Maoris, retiring townrils y I aterangi. We turned them back to the sliole tor of tho ancient earthwork above mentioned. which is singularly placed in a double loop of D the Mangapiko. X 7. Major Bowdler's party of 40th, who had 0 moved down the right bank, were firing on the i! front of the Maoris from across the river. Our arrival on their rear, effectually hemmed them , in, and sealed their fate. 8. After much hot firing, we were able to , dash across the river into the entrenchment, 1 over a bridge formed of li single plank. The , banks are here from 10 to GO "feet high, precis pi toils, and densely wooded. A scries of hand-to-hand encounters here took ; place, between the Maoris crouched secreted in I, thick bush and our men, who displayed, if anything, too keen an eagerness to dash at and t close with their lurking enemies whenever visiI ble. This forwardness cost some valuable lives, i but the punishment inflicted on the Maoris was sharp and telling, and read them a severe lesson. S>. AL this time some 20 men of the Forest Rangers (both companies) arriving from the head-quarter earn)) materially assisted in hunting out and destroying the enemy. 10. Eventually every Maori that could be discovered, being killed or wounded and prisoner. the work of removing our wounded (most | difficult from the narrowness nf tlie plank J bridge), and of securing their dead, commenced, j 11. Two large parties of the enemy now approaching through thick bush endeavoured io intercept this. It became necessary to throw Captain Fisher's parly, with which were Lieut. Simeon and Ensign King, again on the right bank, where they most steadily covered this operation under a sharp cross fire. 12. Finally, near dark, all our wounded having been removed, and as many as possible of Ihe Maori dead brought in, the skirmishers were gradually withdrawn, file by file, across the plank bridge, and the troops moved slowly, taking every advantage of ground towards camp. lli. This very successful affair cost-the Maoris twenty-eight men killed (counted) and two | wounded and prisoners in our bauds. Both these are said io be chiefs. Our loss was live killed and six wounded, (one since dead). The effect on the Maoris of their insiduous I attempt at ambuscade, being thus promptly met, j and signally and completely fruslrated. with their heavy loss in dead, cannot but be sahi- : 'ary. ; 11. ft becomes my pleasing duty as senior ; officer (accidentally on the spot), to report : that nothing could have beeii better than j the behaviour of men and oliiecrs engaged. "Where the forwardness of all was disI tiuguished, it is enough to name the officers prci sent.* j 1-3. lint 1 would specially bring to notice j Assistant-Surgeon Stiles, -toth Hegf., to whose j assiduity in caring for tho wounded in the most | exposed situations, and sharp lire, their safe and j early removal to cam]) is mainly attributable. Captain Heapln-, Auckland Rifle Volunteers I took charge of a party and ably directed it. In gallantly assisting a wounded soldier of the 40th, who had fallen into a hollow among the thickest of the concealed .Maoris, he became the target for a volley at a few feet distant. Five balls pierecd his clothes and cap, and he is slightly wounded iu three places. Though hurt himself. | lie. continued to aid the wounded" to the end of the day. Captain Jackson, Forest Hangers, gave great assistance, and Captain Von Tompskv, when .1 j directed him to relievo the soldiers, who had been i skirmishing four hours, covered the extreme rear | of our inarch with much coolness and judgment, j I have, &c., | H. M. Havki.ock, Lieut.-Colonel, | Pep.-Adjt.-Qr.-Masler-Gencral. ! (True copy)—-T. D. Baker, (Japt., ! Acting Assistant Military Secretary. ! Trout Captain Jackson to the Assistant Military/ j Secretary. | Camp Te Pore. I " February 12,1-SOl. ' : Sin, —In accordance with instructions. I have | the honor to report for the information of the : Lieutenant-Genera] commanding, ikat. yesterday ! morning, in company with Captain Heaphr. I j started to look at the enemy's position at IV.tcI ratigi ; that, uli'dst in Lieutenant-Colonel HaveI lock's tent, wo heard some heavy firing on the | Mangapikn. We immediately proceeded to the scene, and I led a party of soldiers to the rear of the enemy, and thus cut off sheir reircai. "Whilst there, we shot several natives. Some of them drifted down the river, and three I pulled on shore. One 'of tl>« natives snapped both his barrels at me, and I shot him villi mv revolver, took his gun, and brought him across the river. Whilst there. ] noticed several natives concealed ill the thick scrub on tho edge of the river, and thought that a few of the Forest Hangers - wonhl be useful in driving them out of it. I. therefore, with the permission of the Lieut.-General, sent for all who were in camp, about thirty-live, and they arrived about, four or five o'clock p.m., under the command of Captain Von Tempsky. I took them to the place where the enemy were concealed, and instructed them to go down and search for the natives, which they did, and in about ten or fifteen minutes they brought up five natives, whom they had killed, and two who were wounded. The wounded were carried to the nearest camp. I have, Ac.. Wii.mam -Tacksox, Captain Commanding Forest Hungers. (True Copy.) J. P. L'aker, Captain, Acting Assistant Military Secretary, Trnm Captain i'nii Teui/is/;;/ fo the. Assistant. Military Seen tary. Camp Te Pore. February 12, 1 .Si it. Sir, — 1' have the honor to report for the information of the Lieut.-General commanding the Forces, that on the 11th instant, at u p.m.. an orderly arrived in camp with orders for the Forest Hungers to proceed immediately to the front. Forty men of the two companies being absent on duty (burning fern) and (Japt. Jackson being at the front already, I proceeded with 35 men of both companies, to the .scene of action on (he Mangapiko Creek. On arriving at the extreme right flank of our position, I met Capt. -Jackson, who informed me that there were natives in a thicket on the river bank. Colonel Mavelock then ordered nie to dislodge these natives. My men, with promptitude, surrounded the thicket, and entering the same, revolvers in hand, extracted in a short time seven natives, which they had killed at close quarters, after a good deal of a resisting fire from those same natives. We carried scveu bodies up to the bank, laying them in a heap. Two of the same number, showing signs of life, were carried up to our nearest redoubt—one of them dyilig on the road; the latter was laid with nine bodies brought in previously by the regulars. My men behaved with coolness, judgment, and * Present—Brevet-Major Dowdier, 40th regiment; Capt. Hon. F. le P. Trench, 40th ; Captain Fisher, 40lh; Lieut. Simeon, 40th ; Ensign King, 40th; Cuptiin Borim, Both ; Lieus. Le.aeh, Acting Staff Officer to Colonel "Widely, 0.8., 50th ; Cmpbiili, SQih.

t refreatofKoS C ° V ° rinS tb ° orderl T 1 I have, &i-., ' n G~- F. YON TJJMPSKY, ,rri . Captain Forest Hangers, No. 2 Co. • (True eopy)—.r. J). Baker, Capt.; , Acting Assistant Military Secretary, ' Jib- iS ,i!:k ° f ,d,k ' d :l " d , 40.liegt.—Killed : Privates John Mc Ooolc, ' "lake, George Cooper, Michael Cahill. bounded: Privates James JJreadr (very severely), -lames Hobbins (severely), Josepli Spriggs (severely), John Peaton (slight), (sMit) ' (Sl!;, ' lll;) ' Tll0U1!,s Si'Uivau x Private James Cussen and William Ihuie. Auckland Eiilc Volunteers :—Wounded : Capfam Charles Heaphy (slight). ■ W l ha\e striven long aud pertinaciously to arouse t.io public to the urgent necessity of '. slips, and improved harbour iaeihtie.s ; lbr upon these tlie prosperitv. not liicieh of the city, but of the entire province ot Auckland, very largely depend. If harbour accommodation, be made to keep paeo with our expanding trade and shipping, .ill will bo well; but it' it bo neglected and sullered to iall into arrear, we must not bo surprised if we Jind that we are falling from t' ie _ condition ot the firnt to tho secondary position among the rival and rising ports of New Zealand. Auckland, it will be well to bear in mind, is no longer the Auckland she was a short lon years back. Then the only competition Hue niaj be said to have had was ellington ; and ol such a rival her cause for apprehension was -small. But; within tho last ten years the ports and settlements of the Middle Island have advanced with gigantic sf rifles, and are continuing to push forward with unflagging spirit. Commencing'with Nelson. It boasts of | two nauf ical advantages which Auckland has not yet accomplished—an ovcellent lighthouse to guide the mariner, and a Customs warehouse at tho pier head, where goods are at once placed under cover, not allowed to lie exposed to the weather, as still is the ease in Auckland. These wants have long been promised to be supplied ; but promises— "the proverb is somewhat musty"—let us hope that- performance is not very distant. It would be unjust to Wellington to make the passage of Cook's Strait; without due acknowledgment of her noble and cheering light-house, and also of the wharf which has been recently and etlicicnt.lv constructed in Lambton harbour. It is at once one of the best and moist beneficial of her public works. l'icton, a creation of yesterday, has not overlooked the \i(al importance of harbour accommodation. Her wharf if small is substantial, equal to presaat requirements, aud capable of e.\i t nsion. Lytlelton ,s providing for her commercial development. As vet English and other large ships load .im, unload, as too many of a like class in Auckland are, perforce, compelled fo do—in the. stream. There arc, however, two very good wharves, at which the. inter-colonial steamers and vessels of various kinds land goods and passengers. Considering the date of her foundation, and that; I he Province of Canterbury is essentially a wool growing and squatting «;ftl<ment, the shipping conveniences of the po:t are much to be commended. It is Otago, however, that is striving to win the palm of mercantile and maritime supremacy from Auckland ; and if Auckland fail to exhibit an equal spirit of enterprise, her younger sister can scarcely fail to pass her by. The great; golden discoveries ol' Of ago have undoubtedly been the immediate propelling powers; but we, too. have gold, coal, and iron, arc enlarging our long contracted borders, augmenting our population, founding new towns and harbours, looking forward for a vast enlargement of steam coitinttmic.i!ion, and yet doing nothing to provide for tho imperative necessities of coaling, cleaning, and refit Arc these matters of no colonial moment':' If we starve our harbour works can we expect anything better than a loss of maritime iiil'aence, a decay of commerce "Whose duty is it io attend to harbour j works? that of the General or the Provincial Government ? In consequence of Provincial somnolency in the. matter of Public. Buildings, the General Government intimated that unless tho Provincials woke up, they would take the business out of their hands, and set about erecting the much needed public cdiiiccs. No works are more immediately urgent flian increased and improved harbour accommodation. Cannot; the General stir the Provincial Government on that matter also—and, failing of success, take the matfer under their own immediate direeiion? Willi an arsenal at their command, they would require no Sydney ' Pioneers,' but be in a position to supply their own wants sit- the shortest notice, and in the most competent manner. it is satisfactory to us to find that among those the more directly interested in Auckland's maritime prosperity there are men desirous of ventilating the harbour question. "With reference to the lieail quarter station for the steamers of the contemplated Panama line, a correspondent, under the signature of I ' Panama," suggests Ports Abercrombio or ! Fit/.roy, in the Great Barrier Island, as j possessing every natural advantage, and being more directly in the course than Auckland. "We, believe the ports of the Barrier Island to bo of a. very high character; but the grand obstacle io their adoption will, we think, be their isolation—in a word, that they arc neither Auckland, nor suHieieutly near to Auckland, to arrest the progress of a steamer specially designed for postal and passenger communication with the capital. Another correspondent, a •' Mariner," is clearly of opinion that Commercial Bay, in front of Custom House-street, is the most titling site for wet and dry docks. The only j objection lo that is flint, the spot is fo be i recovered from the water, aud const.illife j future si reef.s of our cily. Bui, says! " Manner.'' some succeeding generation will j havo to purchase those streets,-pull houses; down, and excavate docks. Very possibly. Tho samo course was adopted with St. Catherine's Docks. "We ourselves have always considered that it would be incomparably better to excavate docks than to builcl houses in Commercial Bay, and if that part, of tho city plan can be departed i from, it would be well of the authorities to I consider the subject. A nautical :Vicr.d, for '.vho.se judgment v/e I ontortoiß tho utmost raapaet, dittsoats :rom

our project of forming an arsenal at the Tvemuera reserve. He considers the spot to lie two far from town, and that there might, bo some little difficulty iu entering the Channel to Bishop's Creek. Other equally practical naval men are of quite an opposite opinion. ()ur friend thinks there are many spots on the North Shore more available and preferable. He says, too, that (here is a rumour of flagstaff hilt being eonverted to a fortress and garrison for the troops. We are well aware that a survey was made by Naval Officers some years since, and that flagstaff hill was pronounced by them to bo the spot of all others best situated for the defence of A uckland; that it might be made a miniature Gibraltar impassable and impregnable. Wo differ in opinion about the North Shore as the site of an arsenal. The ob jection of distance as respects the Rcmuera ' basin is equally valid against the North Shore, and with the addition that it is on the opposite side from the city. There is yet another and not an unimportant; objection to the North Shore. In the event of a foreign war, the deep water approaches, and the isolated character of the neighbourhood would lay an arsenal there much more open and easy of attack than one at Remuera, where the very difficulties of Bishop's Creek would become a means of protection. i For our part we have no preference for one site more than other. What we do desire is to see .Auckjatid provided—arid promptly too—with first class harbour accommodation, and the ample means ailbrded by docks, ships, and basins for building, loading, unloading, and warehousing. We have done our best to keep this matter before the public, and we are happy to flnd that we have not altogether failed in so important a question. In our issue of Wednesday last we gave a synopsis of the, first portion of the. " Marine Board Act. LN(>:>." In our present number v,-e have endeavoured to fiilli] our promise, then made, of doing (he same of the remainder. .My fiie thirty second and following clause, the Superintendent is empowered to define and alter the limits of wharves and docks, and to have all plans of construction of additional wharves, docks, quays, or piers submitted for his approval, previously to llieir being constructed—but the mailing of the general provisions for the regulations of Harbours is committed to the care and authority of the. Governor in Council. These regulations refer to the anchoring and mooring of vessels in any port, the packing, lauding. deposit, and removal of gunpowder, the (Meetion of magazines for the safe keeping of the same, the watering and ballasting of vessels, and flu; discharge of ballast, and any oilier matter relating to the safety and convenience of navigation in any port. To carry out such regulations, the Governor in Council is authorised to levy Harbour masters fees not exceeding the rate specified in schedule; but: as (lie carrying out these arrangements in detail is committed 1o the several Superintendents of Provinces, such dues are to be paid to the provincial treasurer of the, Province, in which they luav have been collected. In the meantime, until oilier provision is made, all pilotage;, lighthouse, wharfage and other dues shall be paid to the Customs officer, at the port where the same are payable, and shall be available only for the purposes of the port in which they are levied. "it is provided that all lighthouse and pilot dues shall lie payable by the master of any vessel in the same manner as portcharges, and thai in case of non-payment the. ! clea ranee of the vessel shall be withheld until i all such liabilities shall have been discharged, and any master attempting to lake such vessel to sea without such clearance will render liis vessel liable to detention. It is not however compulsory on the master of any vessel to receive a pilot oil board, either 011 entering or leaving port. The Superintendent;*, and the marine hoard., respectively, are empowered to alter, modify, or repeal the bye-iaws of this Act, or to make, new bye-laws—provided that HO penalty so imposed, for the infraction of the same, exceeds £00, and that such bye-laws be submitted for the approval of the' Governor in Council, and duly gazetted, as Well in the General Gazette, as in the Provincial Gazette of the Province lo which such alterations refer. A ease occurred late!}" in the Auckland Resident Magistrate's Court when abusive language was used to the Pilot by the mate of a vessel. The Act provides for such offences with a pen ally not exceeding this penalty is leviable against: any'person molesting, threatening, or abusing any Harbour master, pilot, or other officer whilst; in the execution of his duty. For obstructing any engineer, surveyor, workman, labourer, or other person employed by the Board or •Superintendent of any province, in the performance of his duty in the execution of this Act, the person so offending may suffer a penalty of Jj'2Q. For wilful damage to the works, a penalty not exceeding ,USU is imposed, ami one of ,C2O for wilfully damaging any light, lamppost, or other machinery for lighting any ! piei l , wharf, or dock. There is also a. penalty provided for the impeding of any navigable creek, river, or port, by the falling of trees. Any .owner or occupier of land abutting thereon who shall fall a tree, any portion of which touches the water at highwater mark, is liable to a fine of forty shillings, and to the same sum for every day the obstruction remains after notice to remove the same has been given. Persons not owners or occupiers of the land so offending, or not authorised by them, may be fined a sum of £» instead of forty shillings, in each case. A penalty of £100 is provided against those who may make fast any vessel, timber, boat, or other article to any buoy, beacon, or seamark ; and any master not having a pilot > on board who accidently injures or destroys i any of the buoys. &c.. is subject to the same i penally, unless be immediately make good : the'damage done. For the wilful destruction of any buoy, beacon, or seamark, the I offender is liable to penal servitude for a period not exceeding four years. ■ On the other side it is provided, that any Harbour master, or other officer, or person who refuses or neglects to perform any duty imposed on him by the Act, or who, through drunkenness - or negligence, occasions any injury to a vessel, or who. while iu tho execution of his duty as Harbour master, '"sos abusive c? 'uhi-sateixing Janga2.:;o to master ox' any vessoi, '.tiizu zo?£oit> & poa*i»y

j not exceeding £50. ,_Tbo same penalty"is to b j be imposed m the ease of pilots who uiay to ; guilty of the same misconduct, or who lpay. ; ([uit, any vessel departing beforo the" liirut' • presented by the Wupei'interKtwtt .of the. Prol viiico in which the port is,situate; ■ : Procedure for breaches of the bye- Taws >, and-regulations of this Act arc to be ' lieard : and determined in rt inimurary way ' before ■ any •Jtesiilont Magistrate err two or liiore; ! Justice,s of the Peace. , There is a clause appended .for the liinitaV, : tioji and regulation .of actions brought. , against any person for anything done.'in pursuance of the Act. Actions. must, be : ; commenced within three mouths after the > act complained of has been committed;'and notice must be given to the defendant, a month previously to the commencement of the action. . The tonnage of vessels for the purposes of this Act will be, determined as'follows Where, vessels are registered at a port in the TJll iteil Kingdom, or any British possession,': the amount of tonnage specified' in Buch registry will be deemed, lawful. In other cases the vessel will.be measured by the Custom's Officer. according to the law regulating the measurement of shipping for the time being iii this colony. The " Ordinance to urovidc lor the regulation of Harbours," the " Ordinance to amend.Eli Ordi- . nanco to provide for the regulation of Harbours.'' the Miariue Boards Act,' 1862," • and all Pi ovineial vOrdiiiances passed under the latter Act are respectively repealed, and all Local Boards constituted under such Provincial Ordinances are dissolved. All rules and regulations in force at tho time' of; the coming into operation of this Act shall continue in force as if made under the Act,. until revoked by its authority. The following schedule is affixed to the "Marine Boards Act, 1863." a C H JO J) U L I£. Harbour if taster** Fees. J?or every service performed by the Harbour. Master under this Act, a sura not exceeding one, penny per ton ot' the vubscl in respect of which tho service is performed. . . Tifotar/c Rales. . Fop every sailing vessel a sum not exceeding sixpence per ton inwards and the same sum .out-' wards. . . . ; For every steam vessel a sum not exceeding fourpeuee per tou inwards and the same euiii out* ' wards. For every day that a Pilot is detained on board any vessel whilst under Quarantine, or by "any act of the Master, a sum not exceeding twenty shillings per day. Light JfoHsc Rates. For every steam vessel, and for. every vessel employed iu the coasting tn»do, on entering inwards at - the (.'usto'us of this colony, four pence per ton. Fur every other vessel entering inwards at tho Customs of this colony, nine peuce pel* ton.