CHIEF MARINE BOARD OF NEWZEALAND.

Southland Times, Volume III, Issue 12, 4 December 1863, Page 5 (Supplement)

CHIEF MARINE BOARD OF NEWZEALAND.

The following directions and regulations of the Chief Marino Boarl of New Zeultmd are taken from the Lytlelton Times : — To oil Harbor Masters an<l Pilots in their respective Ports in the Islands of New Zealand, — Your Bttontinn is hereby 'iirpcto'l nnd en joined to tlie following clauses of the existinp laws and regulations : — - The Marine Board Act, 1862. XXVI F. In any port of the colony where no Marino Bnard shall have been constituted as hereinafter provided, and until some Marine Board shall be so constituted,, the Chief Marine Board shull have all such powers and exercise all such duties and functions as are or may be conferred upon nny Board by tho " Rteara Navigation Act, 1862," or by any Act which may hereafter be passed by the Legislature ol ihe colony for the same or similar purposes. XXXIII. It shall be lawful for the Superintendent and Provincial Council of any pro- | vince, by Act or Ordinance to be passed ou that behalf before the thirly-ftrst day of J December, in the year 1863, to constitute for any port within such province a Marine Board, and to distinguish each Board by such name as may seem fit, and to confer upon such Board any powers, duties and functions subject to ihc 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 thai every such Act or Ordinance shall be reserved for tho Governor's assent. 11. In the construction and for the purposes of this Acr, and of all proceedings under this Act, the following words shall have the meanings hereinafter assigned to them, unless there is something In the context of tho Act repugnant to such cotistructiou: — j " I3i>ard " shall menu the Marine Board of the port in relation to which the term is used. " Warden '' shall include Master Warden. " l'ort " shall extend to und 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 placeused Air the landing of goods or passengers, situate within any " Port," the management of which is otherwise provided for by law. "Collector of Customs" shall include the person acting as «?uch 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 sue Harbor Master or Deputy. " Master " shall extend to and include the petS'm, not behiK a pilot, commanding or for the time being having tho principil or actual charge, custody or control of n vessel. <( Colonial Ports " shall m^an all ports within tho colony, and within the Australian colonies. w Colonial Trader " shull moan and intend a vessel the master of which has at any time ;«ade more than two consecutive vcynges to and fro between the port in this colony in which tho ressi-l may be and any oilier colonial port, and which is actually trading between colonial pons. Steam Navigation Act, 1862. IF. In the interpretation of this Act the words " the Board" shall mean the Marine Board having jurisdiction undpr the New Zealand "Marine Board Act, 1862," in or over the harbor or place within tlie limits of which it may be necessary to exercise the powers of this Act, or any of them ; and the words "River Service " sh-ill mean such service on any 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 und vessels at anchor to carry and display the several lights and signals prescribed for the respective vessels by the Imperial Bo.trd 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 provide 1. 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 machinery of steamers. The lights to be carried, and signals to bo rnaJe or displayed, and generally to regulate all the details of the ou!/ii o/ steamers and other vessels within the colony, and all such orders when published in the Government Gazette sh;ill have the force of law. Provided that no such changes shall be prescribed unless the same shall have been made or recommended 10 be made by the Board oi' Trade of the United Kingdom. Merchant Shipihng 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 he 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. 5 17. The legislative authority of any British possession shall have power, by any Act or Ordinance confirmed by Her Majpsty 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 possession or until such time thereafter as may be fixed by such Act or Ordinance for tho purpose. 295. The following rules shall be observed with regard to lights and fog signnls: (that is to suy) (1) The Admiralty shall from time to time make regulations requiring the exhibition of such lights by such classes of ships, whether steam or sailing ships, within such places and under such circumstances as they think fit, and may from time to time revoke, alter or vai'3' 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 owner or master of a ship who applies for the same, and production of tlie Gazette containing such regulations shall be sufficient evidence oi the due making and purport thereof. (4) All owners and masters shall be bound to to take notice of the same, and shall, so long as the same continue in force, exhibit such lights, and use such tog signals, at such times, within such places, in snch 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 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 to the court before which the case is tried that

such" 'collision ""was occasioned 'by" the' rioiiobservnnce of any rule for the exhibition of lights or the use of fog signals issued in pursuance of the powers hereinbefore.coniained, 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 narrow channel which lies on the starboard side, the owner of the ship by which such rule has bepn infringed shall not be entitled to recover any recompense whatever for any damage sustained by such ship in such collision, unless it is I shown to the satisfaction of the court that 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-observance by any ship of any of the said rules, such damage shall be deemed to have been occasioned by 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 casa made a departure from the rule necessary. Regulations for Preventing Collisions at Sea, issued by the Bonrd of Trade" of the United Kingdom, supersede those prescribed by the Imperial Board of Admiralty dated the twentyfourth day of February, 1S58; and most particularly to Articles 2, 20 and the final one. Preliminary. Article 1. In the folio win a Rules every Steam Ship which is under Sail and not under Steam is to be considered a Sailing Ship, and every Staam Ship which is under Steam, whether under Suil or not, is to be considered a Ship under Steam. 11ULES CONCERNING LIGHTS. iffhts. Article 2. The Li^ht mentioned in tlie following articles numbered 3, 4, 5, U, 7, 9 and 9 and no others, shall be carried in all weathers from Sunset to Sunrise. Lights for Steam Ships. Article 3. Seagoing Steam Ships, %hen under weigh, shall carry : — a. At the Foremast Head, a bright White Light, so fixed as to show nn 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 2 Points abaft the Beam on either Side, and of such a character as tr> be \isible 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 o." at least Two Mites. c. On the Port Side, a Red L' ht, so constructed as to show an uniform und unbroken Light over an Arc of ihe Ho izon of 10 Points of the Compass, so fixed as to throw the Li^ht from right ahead to 2 Points abau 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 s-id 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 4. 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 for 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 Mast Head L'ghts, which they shall never carry. Excvpthnat Lights for Small Sailing Ships. Article 6. Whenever, as in the case of small vessels during- bnd weather, fbe 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 su<*h manner as to make them most visible, and so that tin* Green Light shall not be seen on the Port Side, nor the lied 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 of the Light they respectively contain, and shall he 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 exceeilingTnenty 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 Botts and other Open Boats shall not be 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 Sitle and a lied 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. v Fishing Vessels and Open Boats when at Anchor or attached to their nets and stationary, shall exhibit a bright White Light. Fishing Vessels an.l Open Boats shall however, not be prevented from using a Flare-up, in addition, if considered expedient. RULEB COKCEBNING 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 shull 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 AN$ 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 Collision, the Helms of both shall be put to Port, so that each may pass on the Port Side of the otheT. Two Sailing Ships 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 Wiud on the Starboard Side; 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 which is to Leeward. Two Ships under Steam Meeting. Article 13. If Two Ships under Sterna aro meeting End on or nearly End on so us to

Tnvol vp " RisTv ,of Collision", H«*lrns of both sli nil he put to Port, so that each may pass on the Port Side of the other. " ■"■;■-•".■•'•.:•:?;•■■■ Tioo Ships, tinder Steam Crossing. Article 14. If Two Ships uuder Steam are crossing so as to involve Risk uf Collision, the Ship which has the olher on her own Starboard Side shnll keep out of the Way of the other. Sailing Ship or Ship under Steam. Article 15. If Two Ships, one of which is a Sailing Ship and the other a Steam Ship, «r« proceeriinß in such Directions as to involvn 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 approaching another Ship, .so as to involve -Risk of Collision, shall Slacken her Speed, or, if necessary, stop and reverse; and. every Steam' Ship shall, when in a Fog, go. at a moderate Speed. Vessels OvertaTemg other Vessels. Article 17. Every Vessel overtaking any other Vessel shall keep out of the Way of the said last-mentioned Vessel. Construction of Articles 12, 14, 15 and l7. 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 these Rules, due regard must he had to.all Banger? of Navigation ; and due regard must also be had to any Special Circumstauces which 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 any Neglect to keep a proper Look Out, or of tho Neglect of any Precaution which may be required by the Ordinary Practice of Seamen, or by the Special Circumstances of the case. Stkam Naviation Act, 1862. $ XL. If in any Legal Proceeding under thi3 any question arises tth«luer any vesgel is or i» not within the provisions of this Act, such vessel shall be taken to be within such provisions, unless proof to the contrary is adduced. The Marine Boaud 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 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 otli^r Officer, whilst in the execution of his duty under this Act, or in any other resrject offends against any of the provisions of this Act, or any regulation duly made under authority of this Act, every such person in any such case so offending, shall, where no other penalty is in that behalf specially provided, forfeit a penalty not exceeding Fifty Pounds. LX'llT. Any Harbor Master or other Officer or person who refuses or neglects to perform any duty imposed on him by ihis Ac', or by any regulations made and issued under the authority of this Act,or who, through negligence or drunkenness, doi-s or occasions any injury lo 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 to the master of any vessel, shall forfeit a penally not exceeding Fifty Pounds. LXXIT, All Rules and Regulations made under the Ordinances which are in force when tliis Act conies into operation, shall continue iv force as if made under this Act, uniil 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 l lie Honorable the Colonial Treasurer (a Warden of tliis Board), and most paiticularly 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 18<>2, cliuses XXVII and 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 ihe Board of Trade in tho United Kingdom. By a comparison of the former Regulations issued by »he Imperial Board of Admiralty, iv 18.38, 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 moro 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, aru uddrcsscd to His Excellency the GiV3rnor-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 tho 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 suchjdeparture or evasion, that they nifty 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 GRKAVES, Warden and Treasurer, Chief Marine Board.