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(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 the Gazette containing such Regulations shall be sufficient Evidence of the due making and purport thereof:

(4.) All Owners and Masters shall be bound to 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 the 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.

CXCVI. Whenever any Ship, whether a Steam or Sailing Ship, proceeding in One Direction, meets another Ship, whether a Steam or Sailing Ship, proceeding in another Direction, so that if both Ships were to continue their respective Courses they would pass so near as to involve any Risk of a Collision, the Helms of both Ships shall be put to Port so as to pass on the Port Side of each other; and this Rule shall be obeyed by all Steam Ships, and by all Sailing Ships whether on the Port or Starboard Tack, and whether close-hauled or not, unless the circumstances of the case are such as to render a departure from the Rule necessary in order to avoid immediate danger, and subject also to the Provision that due regard shall be had to the Dangers of Navigation, and, as regards Sailing Ships on the Starboard Tack close-hauled, to the keeping such Ships under Command.

Rule for Steamers in narrow Channels.

CXCVII. Every Steam Ship, when navigating any narrow Channel, shall whenever it is safe and practicable, keep to that Side of the Fairway or Mid-channel which lies on the Starboard Side of such Steam Ship.

CXCVIII. If in any Case 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 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 been infringed shall not be entitled to recover any Recompense whatever for any damage sustained by such Ship in such Collision, unless it is shown to the Satisfaction of the Court that the Circumstances of the Case made a Departure from the Rule necessary.

Breaches of such Rules imply wilful default.

CXCIX. 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 Case made a Departure from the Rule necessary.

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NOTICE

Superintendent’s Office, Auckland,
September 23, 1858.

THE following Bills are published,—previously to their introduction into the Provincial Council,—in accordance with the provisions of the “Diversion of Roads Act, 1858.”

J. Williamson, Superintendent.

PROVINCE OF AUCKLAND.

ROAD BILL, No. 1.

IN THE TWENTY-SECOND YEAR OF THE REIGN OF HER MAJESTY QUEEN VICTORIA.

SESSION IX., No.

ANALYSIS:

Title.

Preamble.

1. Road in Schedule A to be closed.
2. Land may be granted to James Williamson.
3. Land described in Schedule B to be opened as a Road.
4. Superintendent may pay compensation.
5. Short Title.

Title.

A BILL to close up a certain Road in the Parish of Waitemata in the Province of Auckland, and to authorise the Governor to grant the Land occupied by the said Road to James Williamson, and to open a new line of Road over certain other Lands in the said Parish, the property of the said James Williamson.