212

THE NEW ZEALAND GAZETTE.

26. Where any dangerous goods as defined in this
    Act, or any goods which in the judgment of the
    master or owner of the vessel are of a dangerous
    nature, have been sent or brought aboard any vessel,
    British or foreign, without being marked as aforesaid
    or without such notice having been given as aforesaid,
    the master or owner of the vessel may cause such
    goods to be thrown overboard, together with any
    package or receptacle in which they are contained;
    and neither the master nor the owner of the vessel
    shall, in respect of such throwing overboard, be sub-
    ject to any liability, civil or criminal, in any Court.

27. Where any dangerous goods have been sent or
    carried, or attempted to be sent or carried, on board
    any vessel, British or foreign, without being marked
    as aforesaid, or without such notice having been
    given as aforesaid, and where any such goods have
    been sent or carried, or attempted to be sent or
    carried, under a false description, or the sender or
    carrier thereof has been falsely described, it shall be
    lawful for any Court having Admiralty jurisdiction
    to declare such goods, and any package or receptacle
    in which they are contained, to be and they shall
    thereupon be forfeited, and when forfeited shall be
    disposed of as the Court directs.

The Court shall have and may exercise the aforesaid
powers of forfeiture and disposal, notwithstanding
that the owner of the goods have not committed any
offence under the provisions of this Act relating to
dangerous goods, and be not before the Court, and
have not notice of the proceedings, and notwithstand-
ing that there be no evidence to show to whom the
goods belong; nevertheless the Court may, in its
discretion, require such notice as it may direct to be
given to the owner or shipper of the goods before the
same are forfeited.

28. The provisions of this Act relating to the
    carriage of dangerous goods shall be deemed to be in
    addition to and not in substitution for or in restraint
    of any other enactment for the like object, so never-
    theless that nothing in the said provisions shall be
    deemed to authorize that any person be sued or
    prosecuted twice in the same matter.

Miscellaneous, and Repeal.

29. Where, in accordance with the Foreign Juris-
    diction Acts, Her Majesty exercises jurisdiction
    within any port out of Her Majesty's dominions, it
    shall be lawful for Her Majesty, by Order in Council,
    to declare such port a port of registry (in this Act
    referred to as a foreign port of registry), and by the
    same or any subsequent Order in Council to declare
    the description of persons who are to be the Regis-
    trars of British ships at such foreign port of registry,
    and to make regulations with respect to the registry
    of British ships thereat.

Upon such order coming into operation it shall
have effect as if it were enacted in the Merchant
Shipping Acts, 1854 to 1873, and shall, subject to
any exceptions and regulations contained in the
order, apply in the same manner, as near as may be,
as if the port mentioned in the order were an ordi-
nary port of registry.

30. There shall be paid in respect of the several
    measurements, inspections, and surveys mentioned in
    the Third Schedule hereto, such fees, not exceeding
    those specified in that behalf in the said Schedule, as
    the Board of Trade may from time to time determine.

31. In any legal proceedings under the Merchant
    Shipping Acts, 1854 to 1873, the Board of Trade
    may take proceedings in the name of any of their
    officers.

32. The following sections of this Act—that is to
    say, sections sixteen, eighteen, nineteen, twenty,
    twenty-one, twenty-two, twenty-three, twenty-four,
    twenty-five, twenty-six, twenty-seven, twenty-eight—

shall not come into operation until the first day of
November, one thousand eight hundred and seventy-
three.

33. Section twenty-nine of "The Merchant Ship-
    ping Act Amendment Act, 1862," and sections four
    and ten of "The Merchant Shipping Act, 1871," are
    hereby repealed; and on and after the first day of
    November, one thousand eight hundred and seventy-
    three, sections three hundred and twenty-seven and
    three hundred and twenty-nine of "The Merchant
    Shipping Act, 1854," sections thirty-three and thirty-
    eight of "The Merchant Shipping Act Amendment
    Act, 1862," and section nine of "The Merchant
    Shipping Act, 1871," shall be repealed; but this
    repeal shall not affect,—

(1.) Anything duly done before this Act comes
into operation;

(2.) Any right acquired or liability accrued
before this Act comes into operation;

(3.) Any penalty, forfeiture, or other punishment
incurred or to be incurred in respect of any
offence committed before this Act comes into
operation; or,

(4.) The institution of any legal proceeding or
any other remedy for ascertaining, enforcing,
or recovering any such liability, penalty, for-
feiture, or punishment as aforesaid.

SCHEDULES.

SCHEDULE I.

SIGNALS OF DISTRESS.

In the daytime. The following signals, numbered 1, 2, and
3, when used or displayed together or separately, shall be
deemed to be signals of distress in the daytime:—

1. A gun fired at intervals of about a minute;
2. The International Code signal of distress indicated by NC;
3. The distant signal, consisting of a square flag having either
   above or below it a ball, or anything resembling a ball.

At night. The following signals, numbered 1, 2, and 3, when
used or displayed together or separately, shall be deemed to be
signals of distress at night :—

1. A gun fired at intervals of about a minute;
2. Flames on the ship (as from a burning tar barrel, oil
   barrel, &c.);
3. Rockets or shells, of any colour or description, fired one at
   a time, at short intervals.

SCHEDULE II.

SIGNALS TO BE MADE BY SHIPS WANTING A PILOT.

In the daytime. The following signals, numbered 1 and 2,
when used or displayed together or separately, shall be deemed
to be signals for a pilot in the daytime, viz.,—

1. To be hoisted at the fore, the Jack or other national
   colour usually worn by merchant ships, having round it
   a white border, one-fifth of the breadth of the flag; or
2. The International Code pilotage signal indicated by PT.

At night. The following signals, numbered 1 and 2, when
used or displayed together or separately, shall be deemed to be
signals for a pilot at night, viz.,—

1. The pyrotechnic light commonly known as a blue light
   every fifteen minutes; or
2. A bright white light, flashed or shown at short or
   frequent intervals just above the bulwarks, for about a
   minute at a time.

SCHEDULE III.

TABLE OF MAXIMUM FEES TO BE PAID FOR THE MEASURE-
MENT, SURVEY, AND INSPECTION OF MERCHANT SHIPS.

1. For Measurement of Tonnage.
   For a ship under 50 tons register tonnage
   " from 50 to 100 tons
   " 100 to 200
   " 200 to 500
   " 500 to 800
   " 800 to 1,200
   " 1,200 to 2,200
   " 2,000 to 3,000
   " 3,000 to 4,000
   " 4,000 to 5,000
   " 5,000 and upwards

£ s. d.
1 0 0
1 10 0
2 0 0
3 0 0
4 0 0
5 0 0
6 0 0
7 0 0
8 0 0
9 0 0
10 0 0