THE NEW ZEALAND GAZETTE. 211

make such order as to the detention or release of the
ship, as to the payment of any costs and damages
which may have been occasioned by her detention,
as to the payment of the expenses of the original
survey, and of the survey anew, and otherwise as to
the payment of any costs of and incident to the
application, as to the Court may seem just.

Where an application is made under this section
to a County Court, or in Ireland to a local Court,
the matter of the application shall be deemed to be
an Admiralty cause within the meaning of "The
County Courts Admiralty Jurisdiction Act, 1868,"
and "The Court of Admiralty (Ireland) Act, 1867."

15. In the case of any ship surveyed under the
    Fourth Part of "The Merchant Shipping Act, 1854,"
    the Board of Trade may at the request of the owner
    authorize the reduction of the number and the
    variation of the dimensions of the boats required for
    the ship by section two hundred and ninety-two of
    that Act, and also the substitution of rafts or other
    appliances for saving life for any such boats, so
    nevertheless that the boats so reduced or varied, and
    the rafts or other appliances so substituted, be sufficient
    for the persons carried on board the ship.
    Section two hundred and ninety-three of the said
    Act shall extend to any such rafts or appliances in
    the same manner as if they were boats.

16. In every case of collision between two vessels
    it shall be the duty of the master or person in charge
    of each vessel, if and so far as he can do so without
    danger to his own vessel, crew, and passengers (if any),
    to stay by the other vessel until he has ascertained
    that she has no need of further assistance, and to
    render to the other vessel, her master, crew, and
    passengers (if any), such assistance as may be practicable
    and as may be necessary in order to save them
    from any danger caused by the collision; and also
    to give to the master or person in charge of the other
    vessel the name of his own vessel, and of her port
    of registry, or of the port or place to which she
    belongs, and also the names of the ports and places
    from which and to which she is bound.

If he fails so to do, and no reasonable cause for
such failure is shown, the collision shall, in the
absence of proof to the contrary, be deemed to have
been caused by his wrongful act, neglect, or default.

Every master or person in charge of a British
vessel who fails, without reasonable cause, to render
such assistance or give such information as aforesaid
shall be deemed guilty of a misdemeanour; and if
he is a certificated officer, an inquiry into his conduct
may be held, and his certificate may be cancelled or
suspended.

17. If in any case of collision it is proved to the
    Court before which the case is tried that any of the
    regulations for preventing collision contained in or
    made under "The Merchant Shipping Acts, 1854 to
    1873," has been infringed, the ship by which such
    regulation has been infringed shall be deemed to be
    in fault, unless it is shown to the satisfaction of the
    Court that the circumstances of the case made
    departure from the regulation necessary.

18. The signals specified in the First Schedule to
    this Act shall be deemed to be signals of distress.
    Any master of a vessel who uses or displays, or
    causes or permits any person under his authority to
    use or display, any of the said signals, except in the
    case of a vessel being in distress, shall be liable to pay
    compensation for any labour undertaken, risk incurred,
    or loss sustained in consequence of such signal having
    been supposed to be a signal of distress; and such
    compensation may, without prejudice to any other
    remedy, be recovered in the same manner in which
    salvage is recoverable.

19. If a vessel requires the services of a pilot, the
    signals to be used and displayed shall be those
    specified in the Second Schedule to this Act.

Any master of a vessel who uses or displays, or
causes or permits any person under his authority to
use or display, any of the said signals for any other
purpose than that of summoning a pilot, or uses, or
causes or permits any person under his authority to
use, any other signal for a pilot, shall incur a penalty
not exceeding twenty pounds.

20. Her Majesty may from time to time, by Order
    in Council, repeal or alter the rules as to signals
    contained in the Schedules to this Act, or make new
    rules in addition thereto or in substitution therefor;
    and any alterations in or additions to such rules made
    in manner aforesaid shall be of the same force as the
    rules in the said Schedules.

21. Any shipowner who is desirous of using, for
    the purposes of a private code, any rockets, lights, or
    other similar signals, may register such signals with
    the Board of Trade, and the Board shall give public
    notice of the signals so registered in such manner as
    they may think requisite for preventing such signals
    from being mistaken for signals of distress or signals
    for pilots.

The Board may refuse to register any signals
which in their opinion cannot easily be distinguished
from signals of distress or signals for pilots.

When any signal has been so registered, the use or
display thereof by any person acting under the au-
thority of the shipowner in whose name it is registered
shall not subject any person to any of the penalties
or liabilities by this Act imposed upon persons using
or displaying signals improperly.

22. If the managing owner, or, in the event of there
    being no managing owner, the ship's husband of any
    British ship have reason, owing to the non-appearance
    of such ship, or to any other circumstance, to apprehend
    that such ship has been wholly lost, he shall, as
    soon as conveniently may be, send to the Board of
    Trade notice in writing of such loss and of the probable
    occasion thereof, stating the name of the ship
    and her official number (if any), and the port to
    which she belongs; and if he neglect to do so within
    a reasonable time, he shall incur a penalty not ex-
    ceeding fifty pounds.

23. If any person sends or attempts to send by, or,
    not being the master or owner of the vessel, carries
    or attempts to carry in any vessel, British or foreign,
    any dangerous goods—that is to say, aquafortis,
    vitriol, naphtha, benzine, gunpowder, lucifer matches,
    nitro-glycerine, petroleum, or any other goods of a
    dangerous nature—without distinctly marking their
    nature on the outside of the package containing the
    same, and giving written notice of the nature of such
    goods and of the name and address of the sender or
    carrier thereof to the master or owner of the vessel
    at or before the time of sending the same to be
    shipped or taking the same on board the vessel,
    he shall for every such offence incur a penalty not
    exceeding one hundred pounds: Provided that if
    such person show that he was merely an agent in the
    shipment of any such goods as aforesaid, and was not
    aware and did not suspect, and had no reason to
    suspect, that the goods shipped by him were of a
    dangerous nature, the penalty which he incurs shall
    not exceed ten pounds.

24. If any person knowingly sends or attempts to
    send by, or carries or attempts to carry in any vessel,
    British or foreign, any dangerous goods or goods of a
    dangerous nature, under a false description, or falsely
    describes the sender or carrier thereof, he shall incur
    a penalty not exceeding five hundred pounds.

25. The master or owner of any vessel, British or
    foreign, may refuse to take on board any package or
    parcel which he suspects to contain goods of a
    dangerous nature, and may require it to be opened to
    ascertain the fact.