DIRECTIONS AND REGULATIONS OF THE CHIEF MARINE BOARD OF NEW ZEALAND.

Otago Daily Times, Issue 671, 11 February 1864, Page 6

DIRECTIONS AND REGULATIONS OF THE CHIEF MARINE BOARD OF NEW ZEALAND.

To all Harbor Masters and Pilots in their respective Ports in the Island of New Zealand,— Your attention is hereby directed and enjoined to the following clauses of the existing laws and regulations:—

The Marine Boakd Act, 1862,

XXVI I. In aDy port of the colony where no Marine Board shall have been constituted as hereinafter provided, and until some Marine Board shall be so constituted, the Uhief Marine Board shall have all su-h powers and exercise all such duties and functions as are or may be conferred upon any Board by the " Steam Navigation Act, 1862," or by any Act which may hereafter be passed by the Legislature of the colony for the same or similar purposes. XXXIII. It shall be lawful for the Superintendent and Provincial Council of any province, by Act or Ordinance to be passed on that behalf before the thirty-first day of December, in the year 1883, to constitute for any port within such province a Marine board, and to distinguish each JJoaid by such name as may seem fife.and to confer upon such Board any powers, duties and functions subject to the provisions of this Act, and to give power to the Superintendent of the province to define the limits of jurisdiction of any such board within the province; provided that every such Act or Ordinance shall be reserved for the Governor's assent. 11. In the construction and for the purposes of this Act, and of all proceedings under this Act, the following words shall have the meanings hereinafter assigned to them, unless there is something in the context of the Act repugnant to such construction :— "Board" shell mean the Marine Board of the port in relation to which the term is used. •• Warden" shall include Master Warden.

"Port" shall extend to and include any port, harbor or haven or navigable creek or river within the jurisdiction of the Boards respectively. . "Wharf" shall extend to and include any public wharf, quay or pier, or any place used for the landing- of goods or passengers, situate within any •* Port,"\ the management of which is otherwise provided for by law. "Collectors 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 Harbor Master or person for the time being acting as such Harbor Master or Deputy. " Master" shall extend to and include the person, not being a pilot, commanding or for the time being having the principal or actual charge, custody or control of a vessel. " Colonial Ports'' shall mean all ports within the colony, and within the Australian colonies. " Colonial Trader" shall mean and intend a vessel the master of which has at any time made more than two consecutive voyages to and fro between the port in this colony in which the vessel may be and any other colonial port, and which is actually trading between colonial norts. ETEAM NAVIGATION ACT, 1863.

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, 1832," in or over the harbor or place within the limits of which it may be necessary to exercise the powers ot this Act, or any of them; and the words " River Service1' shall mean such service on river, creek, bay or arm 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 and vessels at anchor to carry and display the several lights 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 fixed by regulation as next hereinafter, provided. XXVIII. It shall be lawful for the Governor in Council, by an order to 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. The anchors and mooring or ground tackle on board vessels. The valves or other parts of the boilers, engines, or ma" hinery oi steamers. The lights to be carried, and signals to be made or displayed, and generally 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 betwesn places in the United King lorn, shall be subjact 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. 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 insuch possession ; but no such Act or Ordinance shall take effect until such approval has been proclaimed in such possession 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 tosay) . (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 jjhips, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vary the same. (2) The Admiralty may, if they think fit, make regulations requiring the use of such fog signals, by such classes of ships, whether steam or sailing ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vary the same. (3) All regulations made in pursuance of this section shall be published in the " London Gazette," and shall come into operation on a day to be named in the " Gazette" in which they are published, and the Admiralty shall cause all such regulations to be printed, and shall furnish a copy thereof to any own*r or master of a ship who applies for the same, and production of the "Gazette" containing such regulations shall be sufficient evidence of the making and purport thereof. (4) All owners and masters shall be bound 0 take notice of the same, and shall, so long as the same continue in force, exhibit such lights, and use such fog signals at such times, within such places, in such manner, and under such circumstances as are 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 ap- / pears 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 anyicase of collision it appears to the court before -which the case is tried that such collision was occasioned by the non-observance 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 passing of steam ships, or of the foregoing rule as to a steamship keeping to that of a narrow channel which lies on the starboard side, the owner of the ship by which such rule has been infringed shall not be entitled to recover any recompense whatever for Shy damage sustained by tuch ship in such collision, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the rule necessary.

299. In ca9e any damage to person or property aris s from the non-observance by any ship of any of the said rules, such damages wilful default of the person in charge of the wilful default of the person in charge of the deck of such ship at the • time, unless it is shown to the satisfaction of the court that the circumstances of the case made a departure from the rule necessary.

Regulations for Preventing! Collisisons at

Sea, issued by the Board of Trade of the United Kingdom, supersede those prescribed by the Imperial Board of Admiralty dated the twenty-fourth day ot February, 1858; and most particularly to Articles 2, 20 and the final one.

Preliminary.

Article 1. In the following rules every steam ship which is under sail and not under steam is to be considered a sailing ship, and every steam ship which is under steam, whether under sail or not, is to be considered a ship under steam.

BULES CONCERNING LI<JHTS. LIGHTS.

Article 2. The light mentioned in the followng articles numbered 8, 4, 5, 6, 7, 8, and 9, and

no others, shall be carried in all weathers from sunset to sunrise.

LIGHTS FOR STEAM SHIPS.

Article 3. Seagoing steam ships, when under weigh, shall carry :— a. At the foremast head a bright white light, so fixed as to show an uniform and unbroken light over an arc of the horizon of 20 points of the compass, so fixed as to throw the light 10 points on each side of the ship, viz., from right ahead to two points abaft the beam on either side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least five miles. 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 the compass, so fixed as to throw the light 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 atmosphere, at a distance of at least 2 miles. c. On the port side, a red light, so constructed as to show an uniform and unbroken light over an arc ofthe horizon of 10 points of the compass, so fixed as to throw the light from right ahead to 2 points abaft the beam on the port side, and of such a character as to be visible on a dark night, with a clear atmosphere, at a distance of at least two miles. d. The said green and red side lights shall be fitted with inboard screens, projecting at least three feet forward from the light, so as to prevent these lights from being seen across the bow.

LIGHTS FOR STEAM TUGS,

Article &. Steam ships, when towing other ships, shall carry two bright white mast head lights, vertically, in addition to their side lights, so as to distinguish them from other steam ships. Each of these mast head lights shall be of the same construction and character as the mast head lights which other steam ships are required to carry.

LIGHTS FOB SAILING SHIPS.

Article 5. Sailing ships under weigh, or being towed, shall carry the same lights as steam ships under weigh, with the exception of the white masthead lights, which they shall never carry.

EXCEPTIONAL EIGHTS FOR SMALL BAILING SHIP?. Article 6. Whenever, as in the case of small vessels during bad weather, the green and red lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for instant exhibition, 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 green light shall not be seen on the port side, nor the red light on the starboard side. . To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the colour flf the light they respectively contain, and shall be provided with suitable screens. -*■

LIGHTS FOB 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 exceeding twenty 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 fcILOT VESSELS,

Article 8. Sailing pilot vessels shall not carry the lights required for other sailing vessels, but shall carry a white light at the masthead, visible all round the horizon; and shall also exhibit a flare-up light every fifteen minutes.

LIGHTS FOR FISHING VESSELS AND BOATS,

Article 9. Open fishing boats and other open boats shall not be required to cany the side lights required for other vessels, but shall, i they do not carry such lights. Carry a lantern having a green siide 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 he prevented from using a flare-up in addition, if consideied expedient. ,

Rules concerning Fog Signals,

FOG SIGNALS.

Article 10. Whenever there is fog, either by day or by night, the fog signals described below shall be carried and used, and shall be sounded at least every five minutes, viz :— a. Steam ships tinder weigh shall ise a steam whistle placed before the funnel, not lesa than eight feet from the deck. 6. Sailing ships under weigh shall use a fog horn. c. Steam ships and sailing ships when not under weigh shall use a bell.

Steering and Sailing Rules. two sailing ships meeting. Article 11. If two sailing ships are meeting end on or nearly end on. so as to involve risk of col-, lision, the helms of both shall be put to port, so that each may pass on the port side of the other.

TWO SAILING SHIPS CROSSING.

Article 12. When two sailing ship" 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 y except in the case in which the ship with the wind on the port side is close hauled and the other ship free, in which case the latter ship shall keep out of the way ; but if they have the wind on the same side, or if one of them has the wind aft, the ship which is to windward shall keep out of the way of the ship that is to leeward.

TWO SHIPS UNDER STEAM MEETING.

Article 13. If two ships under steam 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.

TWO SHIPS TJKDER STEAM CROSSING,

, Article 14. If two ships under steam are crossing bo as to involve risk of Collision, the ship which has the other on her own starboard side shall keep out of the way of the other.

SAILING SHIP OP. SHIP UNDER STEAM.

Article 15. If two ships, on 3of which is saill ing ship, and the other a steam ship, are proceeding in such directions as to involve risk of Collision, the steam ship shall keep out of the way of the sailing ship.

SHIP UNDER STEAM TO SLACKEN SPEED

Article 16. Every steam ship when approacbng another ship, so as to involve risk of colision, shall slacken her speed, or, if necessary, stop and reverse; and every steam eh'p shall, wh°n in a fog, go at a moderate speed.

VESSELS OVERTAKING OTHER VESSELS.

Article 17. Every ye sel overtaking any other vessel shall keep out of the way of the said last mentioned vessel.

CONSTRUCTION OF ARTICLES 12, 1.4, 15, AND 17.

Article 18. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course, subject to the qualifications contained in the following article.

PROVISO TO SAVE SPECIAL CASES,

Article 19. In obeying and construing the»e rules, due regard must be had to all dangers of navigation ; and due regard must also be haJ to any special circumstances whick may exist in any particular case, rendering a departure from the above rules necessary in order to avoid immediate danger.

NO SHIP UNDER ANY CIRCUMSTANCES TO

NEGLECT PROPER PRECAUTIONS.

Article 20. Nothing in these rules shall exonerate any ship, or the owner or master or crew thereof, from the consequences of any neglect to carry lights or signals, or of aDy neglect to keep a proper look out. or of the neglect of any precaution which may be required •by the ordinary practice of seamen, or bjjt the special circumstances of the case.

Steam Navigation Act, 1852,

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 vessels shall be ;aken to be within such provisions, unless proof to the contrary is adduced.

The Marine Board Act, 1862.

LVI. If any person fails, refuses or neglects to do, or in any manner obstructs, impedes or interferes with the doing of anything enjoined or authorised to be done, or w'Jfully does anything prohibited by this Act, or molests or makes use of any threatening or abusive language U any Warden, Harbor Master, Pilot or other Officer, whilst in the execution of his duty under this Act, or in any other respect offends against any of the provisions of this Act, or any regulation duly made under authority of this Act, every t,uch person in any such case so oftending, shall, where no other penalty is in that behalf specially provided, forfeit a penalty not exceeding fifty pounds. LXIII. Any Harbor Master or other ofiicer or person who reiuse3 or neglects to perform any duty imposed on him by this Act, or by any regulations made and issued under the authority o this Act, or who, through negligence or drunf kenneas, does or occasions any injury to a vesse

or to the tackle or furniture thereof, or who, while in the execution of his duty as such Harbor Masier, 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 under the Ordinances which are in force when jihis Act comes into operation, shall continue in force as if made under this Act, until revoked or altered under the authority of this Act, and no longer. Your attention is particularly directed and enjoined to the whole of the regulations issued by the Board of Trade [see before], directed to be published for general information by the Honorable the Colonial Treasurer (a Warden of this Board), and most particularly to its last clause.

The above regulations apply to all ships, whatever their nationality, within the limits of British jurisdiction, and to British and French ships whether within British jurisdiction or not. Having examined and compared 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, clauses 27 and 28, 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, in 1858, with tho-e 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 same ratio less possible of misconstruction. You will understand that the regulations now in force, like those they replaced, are addressed to his Excellency the Governor-in-Chief; it is incumbent, therefore, upon all Harbor Masters ani 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 traught with the most disastrous consepuences, you are directed and enjoined to immediately lay. informations against all parties who may be guilty 0 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 abettors in the place of being protectors to the public. Robert Greaves, Warden and Treasurer, Chief Marine Board.