Owner etc., of ship to pay dues.
Recula- tiona Table 4.
[cf. pr. Act. 8. 647.]
[et. pr. Act. a. 651.]
[cf. pt. Act. a. 630.]
48
78. (1) The owner, agent or master of every ship which enters the waters of the Colony shall pay such dues as may be fixed by order of the Governor, pursuant to resolution of the Legislative Council, to such officer as the Governor may appoint to collect the same. All British and foreign ships of war and all vessels of less than twenty tons shall be exempt from the payment of the said dues.
[32(1)
(2) The Governor in Council may by regulations prescribe or provide for the times, places and modes at and in which the dues shall be payable.
[32(2)
(3) Tables of all dues and a copy of regulations in respect thereof shall be posted up at the office of the Director. [32(3)
(4) A receipt for the said dues as well as for any fees pay- able in respect of moorings or buoys shall be given by the person appointed to collect the same (hereafter in this section referred to as the collector) to every person paying the same, and thy Director may refuse to grant a clearance to any ship if such receipt is not produced to him.
[32(4)
(5) If the owner, agent or master of any ship fails on de- mand of the collector to pay the said dues in respect thereof the collector may in addition to any other remedy which he is entitled to use enter upon such ship and distrain the goods, guns, tackle or any other things of or belonging to or on board such ship, and detain such distress until the said dues are paid. If payment of the same is not made within the three days next ensuing such distress, the collector may at any time during the continuance of such non-payment cause the distress to be appraised by two sufficient persons and thereupon sell the same and apply the proceeds in payment of the dues unpaid together with reasonable expenses incurred by him under this section, paying the surplus, if any, on demand to the said owner, agent [32(6)
or masicT.
(6) In order to ascertain the hurden of any ship liable to pay dues under this section, the collector may require the owner or master to produce the register of such ship for his inspection, and on the refusal or neglect of such owner or master to produce such register or to satisfy the collector as to what is the true burden of the ship he may cause such ship to be measured, and any expenses incurred in such measurement shall be recoverable from the owner or master of such ship in the same manner as dues payable under this section. Such measurement shall be deemed to be the real burden of the ship and may be treated as such for all the purposes of this section.
[32(8)
49
(7) The master of any ship who-
(a) departs or attempts to depart from any port leaving un- paid the dues required to the paid under this section; or
(b) refuses to have his ship measured to ascertain ber
burden in tons; or
(c) obstructs any person in the duties of his office,
shall be liable to a fine of one thousand dollars.
[32(7)
Penalty for injuring
house, etc.
79. (1) Any person who wilfully or negligently- (a) injures any lighthouse or the lights exhibited therein, hight-
or any buoy or beacon, or any cables, wires or other
Ter. pr. apparatus, either in connexion therewith or otherwise; or Act,
*. 680.]
(b) removes, alters, injures or destroys any lightship, buoy or beacon, or any cables, wires or other apparatus, either in connexion therewith or otherwise; or
(e) rides by, makes fast to, or runs foul of any lightship,
buoy or beacon,
shall, in addition to the expenses of making good any damage so occasioned, be liable to a fine of five hundred dollars. [33(1)
000-
(2) The Governor in Council may by regulations provide Reguls- for the protection of telegraph cables or wires, either in
tions, Table 4. nexion with any lighthouse, lightship, buoy or beacon, or other- wise.
[33(2)
[ef. pr.
Act,
80. (1) Whenever any fire or light is burnt or exhibited at Director such place or in such manner as to be liable to be mistaken for may
prohibit a light proceeding from a lighthouse, the Director may serve a false light. notice on the owner of the place where the fire or light is burnt or exhibited or on the person having charge of such fire or light ». 867 (1)
to (3).1 either personally or by delivery at the place of abode of such owner or person, or by affixing the same in some conspicuous spot near to such fire or light, and by such notice may direct such owner or person within a reasonable time to be therein specified to take effectual means for extinguishing or effectually screening such existing fire or light. Any owner or person who fails to comply with such notice shall be deemed guilty of a common nuisance, and, in addition to any other penalties or liabilities of any kind thereby incurred, shall be liable to a fine of five hundred dollars or to imprisonment for six months.
[36(1)