118
THE NEW ZEALAND GAZETTE.
[No. 5

paragraph to be substituted for No. 6 of section 432, in Chapter 20, relating to the use of flags.

I have, &c.,
KNUTSFORD.

The Officer Administering the Government of New Zealand.

CHAPTER 73.

AN ACT to amend the Law relating to the Use of Flags in the British Merchant Service. [30th August, 1889.

BE it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Explanation of law as to national colours for ships.

1. The red ensign usually worn by merchant-ships, without any defacement or modification whatsoever, is hereby declared to be the proper national colours for all ships and boats belonging to any subject of Her Majesty, except in the case of Her Majesty’s ships or boats, or in the case of any other ship or boat for the time being allowed to wear any other national colours in pursuance of a warrant from Her Majesty or from the Admiralty.

Penalty on ship not showing colours.

2. (1.) A ship belonging to any subject of Her Majesty shall, on a signal being made to her by one of Her Majesty’s ships, and on entering or leaving any foreign port, and if of fifty tons gross tonnage or upwards shall also on entering or leaving any British port, hoist the proper national colours.

(2.) If default is made on board any such ship in complying with the requirements of this section, the master of the ship shall incur a penalty not exceeding one hundred pounds.

Provided that this section shall not apply to any sea-fishing boat duly registered, lettered, and marked as required by the Acts relating to the sea fisheries.

Amendment of section 105 of “The Merchant Shipping Act, 1854.”

3. (1.) Any penalty incurred under section one hundred and five of “The Merchant Shipping Act, 1854,” in respect of the improper hoisting of colours or of a pendant on board any ship or boat belonging to any subject of Her Majesty, with the costs of recovering the penalty, may be recovered in Her Majesty’s High Court of Justice in England or Ireland, or in the Court of Session in Scotland, or in any Vice-Admiralty Court within Her Majesty’s dominions.

(2.) Any offence mentioned in that section may also be prosecuted, and the penalty for it recovered, in the same manner as if the offence were an offence declared by “The Merchant Shipping Act, 1854,” to be punishable by a penalty not exceeding one hundred pounds.

Provided as follows:—

(a.) Where any such offence is prosecuted as last aforesaid, the Court imposing the penalty shall not impose a higher penalty than one hundred pounds; and

(b.) Nothing in this section shall authorise the imposition of more than one penalty in respect of the same offence.

Definition of Her Majesty’s ships.

4. The expression “one of Her Majesty’s ships” includes any vessel being under the command of an officer of Her Majesty’s navy on full pay.

Saving for Admiralty.

5. Nothing in this Act shall affect any power of the Admiralty in respect of the red ensign usually worn by merchant-ships.

Title and construction of Act.

6. This Act may be cited as “The Merchant Shipping (Colours) Act, 1889,” and shall be construed as one with the Merchant Shipping Acts, 1854 to 1887, and those Acts and this Act may be cited together as the Merchant Shipping Acts, 1854 to 1889.

PARAGRAPH IN SUBSTITUTION FOR NO. 6 OF SECTION 432, IN CHAPTER 20, RELATING TO THE USE OF FLAGS.

6. All other vessels registered as belonging to one of Her Majesty’s colonies or dependencies will fly the red ensign without any badge. (See section 1 of 52 and 53 Vict., cap. 73.) There will, however, be no objection to colonial merchant-vessels carrying distinguishing flags with the badge of the colony thereon, in addition to the red ensign, provided that such flag does not infringe the limits laid down in section 105 of “The Merchant Shipping Act, 1854.”

Importation of New Zealand Sheep into New South Wales prohibited.—Notice No. 283.

The Minister’s Office, Live-stock Branch, Wellington, 27th January, 1890.

THE following Proclamation, issued by the Governor of New South Wales, is published for general information.

G. F. RICHARDSON,
Minister of Lands.

NEW SOUTH WALES,\nTO WIT.

(L.S.)
CARRINGTON,
Governor.

PROCLAMATION by His Excellency the Right Honourable CHARLES ROBERT, BARON CARRINGTON, a Member of Her Majesty’s Most Honourable Privy Council, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, Governor and Commander-in-Chief of the Colony of New South Wales and its Dependencies.

WHEREAS by section 10 of the Imported Stock Act of 1871 the Governor is empowered, by Proclamation in the Government Gazette, to restrict or absolutely prohibit for any specified time the importation or introduction of any stock, fodder, or fittings from any other colony or country in which there is reason to believe any infectious or contagious disease in stock exists: And whereas by a Proclamation under the hand of His Excellency the Governor, published in the Government Gazette of the 22nd May, 1888, pursuant to the provisions of the Imported Stock Act of 1871, amongst other things, scab in sheep was declared to be an infectious or contagious disease: And whereas there is reason to believe that scab at the present time exists in sheep both in the Colony of New Zealand and also in the Colony of Western Australia:

Now, therefore, I, Charles Robert, Baron Carrington, the Governor aforesaid, with the advice of the Executive Council, do, by this my Proclamation, absolutely prohibit for a further period of twelve months from the date of this Proclamation, the importation or introduction of any sheep, or any fodder or fittings put on board any vessel with, or for the use of, any sheep from either of the Colonies of New Zealand or of Western Australia.

Given under my hand and seal, at Government House, Sydney, this twenty-seventh day of December, in the year of our Lord one thousand eight hundred and eighty-nine, and in the fifty-third year of Her Majesty’s reign.

By His Excellency’s command.

SYDNEY SMITH.

GOD SAVE THE QUEEN!

Tenders.

Public Works Office,
Wellington, 23rd January, 1890.

THE following list of successful and unsuccessful tenders is published for general information.

THOS. FERGUS,
Minister for Public Works.

MAINAI STATION-BUILDINGS CONTRACT, WYNDHAM-FORTROSE RAILWAY.

Accepted.
£ s. d.
R. Meikle, Dunedin .. .. .. 1,377 0 0

Declined.
A. Menzies, Invercargill .. .. .. 1,424 0 0
J. Walker and Co., Dunedin .. .. .. 1,530 12 6
J. Hewitt, Invercargill .. .. .. 1,572 10 0
W. Birss, Invercargill .. .. .. 1,597 0 0

Tenders.

Public Works Office,
Wellington, 24th January, 1890.

THE following list of successful and unsuccessful tenders is published for general information.

THOS. FERGUS,
Minister for Public Works.

MOUNT RIX WHARF CONTRACT, KAIPARA-WAIKATO RAILWAY.

Accepted.
£ s. d.
W. Hughes, Auckland .. .. .. 2,000 11 2

Declined.
O’Connor and Co., Auckland .. .. .. 2,125 12 0
Heywood and Martin, Auckland .. .. .. 2,338 10 0
J. McLeod, Helensville .. .. .. 2,469 13 7

Civil Service Senior Examination.

Education Department,
Wellington, 21st January, 1890.

IN pursuance of regulations under “The Civil Service Reform Act, 1886,” notice is hereby given that for the Senior Examination of January, 1891, the period of literature will be the period from 1800 to 1850, and the special books will be Milton’s Samson Agonistes, and Shelley’s Prometheus Unbound.

T. W. HISLOP.