THE NEW ZEALAND GAZETTE 203

Miscellaneous.

34. Where under "The Merchant Shipping Act,
    1854 to 1876," or any of them, a ship is authorised
    or ordered to be detained, any Commissioned Officer
    on full pay in the naval or military service of Her
    Majesty, or any Officer of the Board of Trade
    or Customs, or any British Consular Officer may detain
    the ship, and if the ship after such detention or order
    service on the master of any notice of or order for
    such detention proceeds to sea before it is released
    by competent authority, the master of the ship, and
    also the owner, and any person who sends the ship
    to sea, if such owner or person be party or privy to
    the offence, shall forfeit and pay to Her Majesty
    a penalty not exceeding one hundred pounds.

Where a ship so proceeding to sea takes to sea,
when on board thereof in the execution of his duty,
any officer authorized to detain the ship, or any Sur-
veyor or Officer of the Board of Trade or Customs,
the owner and master of the ship shall each be liable
to pay all expenses incidental to the Officer or
Surveyor being so taken to sea, and also a penalty
not exceeding one hundred pounds, or, if the offence
is not prosecuted in a summary manner, not exceed-
ing ten pounds for every day until the officer or Sur-
veyor returns, or until such time as would enable
him after leaving the ship to return to the port from
which he is taken, and such expenses may be re-
covered in like manner as the penalty.

35. Where any order, notice, statement, or docu-
    ment requires, for the purpose of any provision of
    this Act, to be served on the master of a ship, the
    same shall be served where there is no master, on
    the managing owner of the ship, or if there is no managing
    owner of the ship, or if there is no managing owner
    in the United Kingdom, on the manager of the ship,
    or, where no such agent is known or can
    be found, by affixing a copy thereof to the mast of
    the ship.

Any such order, notice, statement, or document
may be served by delivering a copy thereof personally
to the person to be served, or by leaving the same
at his last place of abode, or, in the case of a master,
by leaving it for him on board the ship with the per-
son being or appearing to be in command or charge
of such ship.

Any person who obstructs the service of any order,
notice, statement, or document on the master of a ship
shall incur a penalty not exceeding ten pounds, and
if the owner or master of the ship is party or privy
to such obstruction he shall be guilty of a misde-
meanour.

36. The name and address of the managing owner
    for the time being of every British ship registered at
    any port or place in the United Kingdom shall be
    registered at the custom house of the ship's port of
    registry.

Where there is not a managing owner there shall
be so registered the name of the ship's husband or
other person to whom the management of the ship
is entrusted by or on behalf of the owner; and any
person whose name is so registered shall, for the
purposes of "The Merchant Shipping Acts, 1854 to
1876," be under the same obligations and subject to
the same liabilities as if he were the managing
owner.

If default is made in complying with this section
the owner shall be liable, or, if there be more owners
than one, each owner shall be liable in proportion to
his interest in the ship, to a penalty not exceeding
the whole one hundred pounds each time the ship
leaves any port in the United Kingdom.

37. Whenever it has been made to appear to Her
    Majesty that the Government of any Foreign State
    is desirous that any of the provisions of "The Mer-
    chant Shipping Acts, 1854 to 1876," or of any Act
    hereafter to be passed amending the same, shall
    apply to the ships of such State, Her Majesty may,
    by Order in Council, declare that such of the said
    provisions as are in such Order specified shall (subject
    to the limitations, if any, contained in the Order)
    apply; and thereupon, so long as the Order remains
    in force, such provisions shall apply subject to the
    limitations, if any, in the Order) to the
    owners, masters, seamen, and apprentices of such
    ships, when not locally within the jurisdiction of such
    State, in the same manner in all respects as if such
    ships were British ships.

38. Where Her Majesty has power under "The
    Merchant Shipping Act, 1854," or any Act passed
    or hereafter to be passed amending the same, to
    make an Order in Council, it shall be lawful for
    Her Majesty from time to time to make such Order
    in Council, and by Order in Council to revoke, alter,
    or add to any Order so made.

Every such Order in Council shall be published in
the London Gazette, and shall be laid before both
Houses of Parliament within one month after it is
made, if Parliament be then sitting, or if not,
within one month after the then next meeting of
Parliament.

Upon the publication of any such Order in the
London Gazette, the Order shall, after the date of
such publication, or any later date mentioned in the
Order, take effect as if it were enacted by Parlia-
ment.

39. On and after the first day of January, one
    thousand eight hundred and seventy-seven, all fees
    payable in respect of the survey or measurement of
    ships under "The Merchant Shipping Acts, 1854 to
    1876," or in respect of any services performed by
    any person employed under the authority of "The
    Passengers Act, 1855," shall continue to be paid to
    the Superintendent of a mercantile marine office at
    such times and in such manner as the Board of Trade
    from time to time direct, but shall be paid into the
    receipt of Her Majesty's Exchequer in such manner
    as the Treasury from time to time direct, and shall
    be carried to and form part of the Consolidated Fund
    of the United Kingdom.

On and after the same day, the salaries of all Sur-
veyors appointed under "The Merchant Shipping
Acts, 1854 to 1876," and so much of the expenses con-
nected with the survey and measurement of ships
under those Acts, and of the salaries and expenses of
persons employed under "The Passengers Act, 1855,"
as has heretofore been paid out of the Mercantile
Marine Fund, shall be paid out of moneys provided
by Parliament, and the Treasury shall have the like
control over such salaries and expenses as has hereto-
fore been vested in the Board of Trade.

There may be paid out of moneys provided by
Parliament to any Wreck Commissioner, Judge of a
Court of Survey, Assessor, Registrar of a Court of
Survey, Detaining Officer, Scientific Referee, and other
officer or person appointed under this Act, such salary
or remuneration (if any) as the Treasury from time
to time direct.

There may be paid out of moneys provided by
Parliament all costs and compensation payable by
the Board of Trade in pursuance of this Act.

40. For the purpose of punishment, jurisdiction,
    and legal proceedings, an offence under this Act shall
    be deemed to be an offence under "The Merchant
    Shipping Act, 1854."