1462
THE NEW ZEALAND GAZETTE.
[No. 71

Application of law as to lights and signals for carrying into effect
Articles 5 and 6 of Convention 25 and 26 Vict., c. 63.

5. (1.) It is hereby declared that the enactments of "The
   Merchant Shipping Act, 1862," and the enactments amend-
   ing the same, touching regulations as to lights and to signals,
   and for the avoiding of collisions, shall extend to authorize
   regulations for carrying into effect Articles five and six of the
   Schedule to this Act, within as well as without the territorial
   waters of Her Majesty's dominions; and regulations may be
   made, applied, altered, and revoked, and the contravention
   thereof punished accordingly, under the said enactments; and
   section six of "The Sea Fisheries Act, 1883," shall extend to
   the enforcement of the said regulations as regards sea-fishing
   boats within the limits of that Act.

(2.) If any vessel engaged in the laying or repairing of a
submarine cable, to which the Convention for the time being
applies, interferes contrary to the said regulations or articles
with any vessel engaged in fishing, or if the operations of any
vessel in connection with any such submarine cable are
wilfully delayed so as to interfere with sea-fishing, the
master of the vessel, or the owner thereof, if it appears that
he was in fault, shall be deemed guilty of a breach of the
said regulations and may be punished accordingly.

Powers of British and foreign officers.

6. (1.) For the purpose of carrying into effect the Conven-
   tion, a person commanding a ship of war of Her Majesty or
   of any foreign State for the time being bound by the Conven-
   tion, or a ship specially commissioned for the purpose of the
   Convention by Her Majesty or by the Government of such
   foreign State, may exercise and perform the powers and
   duties vested in and imposed on such officer by any article
   in the Schedule to this Act.

(2.) If any person obstructs any such officer in such
exercise or performance, or refuses or neglects to comply
with any demand or direction lawfully made or given by him
in pursuance of this Act, such person shall be liable, on
summary conviction, to a fine not exceeding fifty pounds, or
to be imprisoned for a term not exceeding two months, with
or without hard labour.

(3.) Any action, prosecution, or proceeding against any
officer for any act done in pursuance or execution or in-
tended execution of this Act, or in respect of any alleged
neglect or default in the execution of this Act, shall not lie
or be instituted unless it is commenced within twelve months
next after the act, neglect, or default complained of.

(4.) In any such action tender of amends before the action
was commenced may, in lieu of or in addition to any other
plea, be pleaded. If the action was commenced after such
tender, or is proceeded with after payment into Court of any
money in satisfaction of the plaintiff's claim, and the plain-
tiff does not recover more than the sum tendered or paid, he
shall not recover any costs incurred after such tender or
payment, and the defendants shall be entitled to costs, to be
taxed as between solicitor and client, as from the time of
such tender or payment.

(5.) Every such action shall be brought in one of Her
Majesty's superior Courts in the United Kingdom (which
Courts shall have jurisdiction to try the same wherever the
matter complained of occurred), or in a Supreme Court in
India, or in a court exercising in a British possession the like
authority as the High Court of Justice in England, but in
no other Court whatsoever.

Incorporation of Part X. of 17 and 18 Vict., c. 104.

7. Part X. of "The Merchant Shipping Act, 1854" (which
   relates to legal procedure), and the enactments amending the
   same, so far as unrepealed, shall have effect as if enacted in
   this Act, and offences under this Act may be tried, and fines
   under this Act recovered accordingly, save that nothing in
   the said Part shall authorize the award of any punishment
   not authorized by this Act, or the summary prosecution of
   any indictable offence under this Act.

Evidence.

8. (1.) Any document drawn up in pursuance of Article
   seven or Article ten of the Schedule to this Act shall be
   admissible in any proceeding, civil or criminal, as prima facie
   evidence of the facts or matters therein stated.

(2.) If evidence contained in any such document was
taken on oath in the presence of the person charged in such
evidence, and such person had an opportunity of cross-
examining the person giving such evidence and of making
his reply to such evidence, the officer drawing up such
document may certify the said facts or any of them.

(3.) Any document or certificate in this section mentioned,
purporting to be signed by an officer authorized to act under
the Schedule to this Act for carrying into effect the Conven-
tion, shall be admissible in evidence without proof of such
signature, and, if purporting to be signed by any other per-
son, shall, if certified by any such officer to have been so
signed, be deemed, until the contrary is proved, to have been
signed by such other person.

(4.) If any person forges the signature of any such officer
to any such document as above mentioned, or makes use of
any such document knowing the signature thereto to be
forged, such person shall be guilty of a misdemeanour, and
liable on summary conviction to imprisonment for a term not
exceeding three months with or without hard labour, and on
conviction on indictment to imprisonment, with or without
hard labour, for a term not exceeding two years.

Liability of masters of vessels.

9. Where any offence against this Act has been committed
   by means of a vessel or of any boat belonging to a vessel, the
   master of such vessel shall, until some other person is shown
   to have been in charge of and navigating such vessel or boat,
   be deemed to have been in charge of and navigating the
   same, and be liable to be punished accordingly.

Savings.

10. The provisions of this Act shall be in addition to, and
    not in derogation of, any other provisions existing at common
    law, or under Act of Parliament, or under the law of a British
    possession for the protection of submarine cables; and
    nothing in this Act shall prevent any person being liable
    under any Act of Parliament, law of a British possession, or
    otherwise to any indictment, proceeding, punishment, or
    penalty other than is provided for any offence by this Act, so
    that no person shall be punished twice for the same offence;
    and nothing in this Act, nor any proceedings with respect to
    any matter, shall exempt a person from any liability in any
    action or suit with reference to the same matter, so that no
    person shall be required to pay compensation twice in respect
    of the same injury.

Extent of Act.

11. This Act shall, so far as such extension is consistent
    with the tenor of this Act, extend to the whole of Her
    Majesty's dominions, and to all places within the jurisdic-
    tion of the Admiral of England, and to all places where Her
    Majesty has jurisdiction.

Definitions.

12. In this Act, unless the context otherwise requires,--
    The expression "vessel" means every description of
    vessel used in navigation, in whatever way it is pro-
    pelled; and any reference to a vessel shall include a
    reference to a boat belonging to such vessel:
    The expression "master" includes every person having
    command or charge of a vessel:
    The expression "British possession" includes any part
    of Her Majesty's dominions exclusive of the United
    Kingdom:
    The expression "person" includes a body of persons
    corporate or unincorporate.

Commencement and continuance of Act.

13. This Act shall come into force on such day as may be
    fixed by a notice in that behalf published in the London
    Gazette, and if the Convention ceases to be binding on Her
    Majesty shall cease to be of any effect.

SCHEDULE.

SUBMARINE TELEGRAPHS CONVENTION.

CONVENTION for the preservation of telegraphic communica-
tions by means of submarine telegraphs, made on the 14th
of March, 1884, between Her Majesty the Queen of the
United Kingdom of Great Britain and Ireland, Empress of
India, His Majesty the German Emperor, King of Prussia,
His Excellency the President of the Argentine Confederation,
His Majesty the Emperor of Austria, King of Bohemia, &c.,
and Apostolic King of Hungary, His Majesty the King of the
Belgians, His Majesty the Emperor of Brazil, His Excellency
the President of the Republic of Costa Rica, His Majesty the
King of Denmark, His Excellency the President of the
Dominican Republic, His Majesty the King of Spain, His
Excellency the President of the United States of America,
His Excellency the President of the United States of Colom-
bia, His Excellency the President of the French Republic,
His Excellency the President of the Republic of Guatemala,
His Majesty the King of the Hellenes, His Majesty the King
of Italy, His Majesty the Emperor of the Ottomans, His
Majesty the King of the Netherlands, Grand Duke of Lux-
embourg, His Majesty the Shah of Persia, His Majesty the
King of Portugal and the Algarves, His Majesty the King of
Roumania, His Majesty the Emperor of all the Russias, His
Excellency the President of the Republic of Salvador, His
Majesty the King of Servia, His Majesty the King of Sweden
and of Norway, and His Excellency the President of the
Oriental Republic of Uruguay.

The following is an English translation of the Convention,
with the omission of the formal beginning and end:--

Article I.

The present Convention applies, outside territorial waters,
to all legally-established submarine cables landed on the
territories, colonies, or possessions of one or more of the High
Contracting Parties.

Article II.

It is a punishable offence to break or injure a submarine