296

THE NEW ZEALAND GAZETTE.

ten days of receiving the same, the lists of stores
inspected furnished by the Inspectors; and also a
memorial of every direction which he shall issue for
the sale of any surplus or unserviceable stores.
26. If the Auditor shall find that the accounts of
any Storekeeper or Sub-storekeeper are not supported
by the list of the Inspector, or that any issue or
expenditure of stores has been made without due
authority, he will take the steps provided by the
sixteenth clause of the Act to recover the value of
all missing or unlawfully issued stores; if he find
such accounts to be correct, he will give the dis-
charge required by the Act.

FORSTER GORING,
Clerk of the Executive Council.

G. F. BOWEN, Governor.
ORDER IN COUNCIL.
At the Government House, at Wellington, the
twenty-fifth day of June, 1868.
Present:
His Excellency the Governor in Council.

WHEREAS by the tenth section of “The Marine
Act, 1867,” it is enacted that the Governor in
Council may, from time to time, make, vary, and
repeal bye-laws and regulations for the prevention of
overloading of either steam or sailing vessels, and of
overcrowding of sailing vessels with passengers, and
for defining and regulating the conduct and duties of
port officers and harbour masters, and for regulating
all other matters relating to the protection of life
and property of passengers and others, as the case
may be, and by such bye-laws or regulations to
impose any penalty not exceeding five hundred
pounds in respect of any one voyage or attempted
voyage of any vessel, for the breach of any bye-law
or regulation framed for the purpose of preventing
the overloading of either steam or sailing vessels and
of the overcrowding of sailing vessels with passengers,
and any penalty not exceeding fifty pounds for the
breach of any such bye-laws or regulations framed
for any other of the purposes in the said section
mentioned:

Now therefore, His Excellency the Governor, by
and with the advice and consent of the Executive
Council of the Colony, in pursuance and exercise of
the above recited power and authority, doth hereby
make the following bye-laws for the purposes afore-
said, and doth order that the same shall come into
operation from the date of publication thereof.

BYE-LAWS.

1. No vessel, whether a steamer or sailing vessel,
   shall be so laden as to show less of her side above
   water amidships, as measured from the covering
   boards, than three inches for every foot of her draft
   of water; but paddle-steamers, plying in rough water
   or at sea, shall in no case be laden so that their
   sponsons shall be less than one-fourth of the
   diameter of the paddles above the surface of the
   water.

2. No sailing vessel, trading on the coast of the
   Colony, shall be permitted to carry passengers unless
   she be, in the judgment of the Collector of Customs,
   or a surveyor appointed by him for the purpose, in
   good order, properly laden or ballasted, and fit for
   the intended voyage, commanded by a sober and
   experienced master, manned by an efficient crew,
   and properly equipped, and fitted all round with
   sufficient bulwarks, rails, or stanchions with rope or
   chain, and carries at least one life-buoy and one
   efficient boat in such a manner that both shall be
   immediately available in any emergency.

3. It shall be the duty of the harbour master or
   other port officer of any port to survey any sailing
   vessel for the purpose of ascertaining whether the
   regulations contained in these bye-laws have been
   complied with, and called upon to do so, and to
   notify to the Collector of Customs, in writing, the
   result of such survey.

4. No sailing vessel, the duration of whose voyage
   does not exceed one day, reckoned as per schedule
   hereto, shall be permitted to carry a greater number
   of passengers than one to each ton register, or one
   for every five feet of clear deck space, free from
   all encumbrances; and all such vessels shall be pro-
   vided with at least two gallons of water for each
   adult on board.

5. No decked sailing vessel, the duration of whose
   voyage exceeds one day, reckoned as per schedule
   hereto, shall be permitted to carry passengers, unless
   in addition to the equipments and fittings specified
   in the second bye-law, she be fitted with substantial
   and firmly secured booby-hatches over the passenger
   hatchway, so fixed as to be capable of being kept open
   in all weathers, and of affording the greatest possible
   amount of light, air, and protection from wet, or
   unless she has on board sufficient water for the
   intended voyage, to the satisfaction of the Collector
   of Customs or the surveyor, and not less than two
   gallons for each adult passenger for each day of the
   average duration of the voyage; and no such vessel
   shall be permitted to carry more passengers than at
   the rate of one adult to every seventy-two cubic feet
   of clear space allotted to passenger accommodation
   below hatches, or a greater number of passengers
   below hatches, or a greater number than one for every seven superficial
   feet of deck space clear for exercise, and properly
   protected by bulwark or rails as aforesaid. The
   number of passengers allowed to be carried shall in
   no case exceed the smallest number ascertained by
   any one of the three alternative methods of measure-
   ing mentioned herein.

6. No vessel carrying passengers shall be permitted
   to carry deck cargo unless it be efficiently secured to
   the satisfaction of the surveyor.

7. The following penalties for breaches of these
   bye-laws as hereinafter specified are hereby imposed,
   and may be recovered according to the provisions of
   the said Act:—

(a) For breach of any provision of these bye-
laws or regulations framed for the purpose of
preventing the overloading of steam or sailing
vessels, any sum not exceeding five hundred
pounds for any one voyage or attempted
voyage of any vessel.

(b) For breach of any provision of these bye-
laws or regulations framed for the purpose of
preventing the overcrowding of sailing vessels
with passengers, any sum not exceeding five
hundred pounds for any one voyage or at-
tempted voyage, to be computed at a rate
not exceeding five pounds for every passenger
carried by any sailing vessel in excess of the
numbers by these bye-laws authorized.

(c) For breach of any other provision of these
bye-laws or regulations, any sum not exceeding
fifty pounds.

SCHEDULE.
A.

Voyages which shall be reckoned as of one day's
duration when made by sailing craft:—

1. From port to port, within Cook and Foveaux
   Straits, when the distance does not exceed fifty miles.

2. From port to port, on the west coast of the
   Middle Island, when the distance does not exceed
   twenty-five miles.

3. From port to port, on the west coast of the
   North Island, or on the east of either island, or of