200
THE NEW ZEALAND GAZETTE.

important principle, they may refer the matter to
such one or more out of a list of Scientific Referees
from time to time approved by a Secretary of State,
as may appear to possess the special qualifications
necessary to the particular case, and may be selected
by agreement between the Board of Trade and the
appellant, or in default of any such agreement by a
Secretary of State, and thereupon the appeal shall
be determined by the Referee or Referees, instead of
by the Court of Survey.

The Board of Trade, if the appellant in any appeal
so require, and give security to the satisfaction of the
Board to pay the costs of and incidental to the
reference, shall refer that appeal to a Referee or
Referees so selected as aforesaid.

The Referee or Referees shall have the same powers
as a Judge of the Court of Survey.

Passenger Steamers and Emigrant Ships.

16. Any steamship may carry passengers not ex-
    ceeding twelve in number although she has not been
    surveyed by the Board of Trade as a passenger
    steamer, and does not carry a Board of Trade cer-
    tificate as provided by "The Merchant Shipping
    Act, 1854," with respect to passenger steamers.

17. Where the legislature of any British possession
    provides for the survey of and grant of certificates
    for passenger steamers, and the Board of Trade
    report to Her Majesty that they are satisfied that
    the certificates are to the like effect, and are granted
    after a like survey, and in such manner as to be
    equally efficient with the certificates granted for the
    same purpose in the United Kingdom under the
    Acts relating to Merchant Shipping, it shall be
    lawful for Her Majesty by Order in Council—

(1.) To declare that the said certificates shall be
of the same force as if they had been granted
under the said Acts; and

(2.) To declare that all or any of the provisions
of the said Acts which relate to certificates
granted for passenger steamers under those
Acts shall, either without modification or with
such modifications as to Her Majesty may
seem necessary, apply to the certificates re-
ferred to in the Order; and

(3.) To impose such conditions and to make
such regulations with respect to the said cer-
tificates, and to the use, delivery, and cancel-
lation thereof, as to Her Majesty may seem
fit; and to impose penalties not exceeding fifty
pounds for the breach of such conditions and
regulations.

18. In every case where a passenger certificate has
    been granted to any steamer by the Board of Trade
    under the provisions of "The Merchant Shipping Act,
    1854," and remains still in force, it shall not be re-
    quisite for the purposes of the employment of such
    steamer under the Passengers Acts that she shall be
    again surveyed in her hull and machinery in order to
    qualify her for service under "The Passengers Act,
    1855," and the Acts amending the same; but for the
    purposes of employment under those Acts such
    Board of Trade certificate shall be deemed to satisfy
    the requirements of the Passengers Acts with respect
    to such survey, and any further survey of the hull
    and machinery shall be dispensed with; and so long
    as a steamship is an emigrant ship, that is a passen-
    ger ship within the meaning of "The Passengers Act,
    1855," and the Acts amending the same, and the pro-
    visions contained in the said Passengers Acts as to
    the survey of her hull, machinery, and equipments
    have been complied with, she shall not be subject to
    the provisions of "The Merchant Shipping Act,
    1854," with respect to the survey of and certificate
    for passenger steamers, or to the enactments amend-
    ing the same.

19. Where a foreign ship is a passenger steamer
    subject to "The Merchant Shipping Act, 1854," and
    the Acts amending the same, or an emigrant ship
    subject to "The Passengers Act, 1855," and the
    Acts amending the same, and the Board of Trade
    are satisfied, by the production of a foreign certificate
    of survey attested by a British Consular Officer at the
    port of survey, that such ship has been officially sur-
    veyed at a foreign port, and are satisfied that the re-
    quirements of the said Acts, or any of them, are
    proved by such survey to have been substantially
    complied with, the Board may, if they think fit,
    dispense with any further survey of the ship in
    respect of the requirements so complied with, and
    give, or direct one of their officers to give, a certificate
    which shall have the same effect as if given upon
    survey under the said Acts or any of them: Pro-
    vided that Her Majesty may by Order in Council
    direct that this section shall not apply in the case of
    an official survey at any foreign port at which
    it appears to Her Majesty that corresponding pro-
    visions are not extended to British ships.

20. It shall be lawful for the Board of Trade, if
    satisfied that the food, space, accommodation, or any
    other particular or thing provided in an emigrant ship
    for any class of passengers is superior to the food,
    space, accommodation, or other particular or thing
    required by "The Passengers Act, 1855," and the
    Acts amending the same, to exempt such ship from
    any of the requirements of those Acts with respect
    to food, space, or accommodation, or other particular
    or thing, in such manner and upon such conditions as
    the Board of Trade may think fit.

21. Every sea-going passenger steamer and every
    emigrant ship shall be provided to the satisfaction of
    the Board of Trade—

(1.) With means for making the signals of dis-
tress at night specified in the First Schedule
to "The Merchant Shipping Act, 1873," or in
any rules substituted therefor, including means
of making flames on the ship which are inex-
tinguishable in water, or such other means of
making signals of distress as the Board of
Trade may previously approve; and

(2.) With a proper supply of lights inex-
tinguishable in water and fitted for attach-
ment to life buoys.

If any such steamer or ship goes to sea from any
port of the United Kingdom without being so pro-
vided as required by this section, for each default in
any of the above requisites the owner shall, if he ap-
pears to be in fault, incur a penalty not exceeding
one hundred pounds, and the master shall, if he
appears to be in fault, incur a penalty not exceeding
fifty pounds.

Grain Cargoes.

22. No cargo of which more than one-third con-
    sists of any kind of grain, corn, rice, paddy, pulse,
    seeds, nuts, or nut kernels, hereinafter referred to as
    "grain cargo," shall be carried on board any British
    ship, unless such grain cargo be contained in bags,
    sacks, or barrels, or secured from shifting by boards,
    bulkheads, or otherwise.

If the managing owner or master of any British
ship, or any agent of such owner who is charged with
the loading of the ship or the sending her to sea,
knowingly allows any grain cargo or part of a grain
cargo to be shipped therein for carriage contrary to
the provisions of this section, he shall for every such
offence incur a penalty not exceeding three hundred
pounds, to be recovered upon summary conviction.

Deck Cargoes.

23. If any ship, British or foreign, other than
    home trade ships as defined by "The Merchant Ship-
    ping Act, 1854," carries as deck cargo, that is to say,