PUBLIC RECORD OFFICE
Reference :-
TITTIC.O. 882
6
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
Section 12 is the old section 6, with some amendments which have been found to be necessary; for example, sub-sections (1) and (2) include every ship and not merely ships carrying more than 12 passengers. (These amendments were rendered necessary by the difficulty of obtaining a conviction in the Magistrate's Court, because of the phrase "carrying more than 12 passengers," in the old section.)
Section 13 is the old section 4 with verbal alterations on the lines of the English Act of 1894, and with the old sub-section (1) re-arranged into sub-sections (1) and (2).
Section 14 is the old section 40 re-arranged upon the lines of the English Act of 1894. (See especially sub-sections (1) and (2)).
Sub-sections (5) and (7), however, which are borrowed from the English Act,
are new.
Section 15 is the old section 12, with a clause added (sub-section 3) defining dangerous goods, and another clause added (sub-section 5) providing for precautions in the carriage of passengers in ships carrying dangerous goods. Sub-section (1) con- tains details from the English Act. Sub-section (7) substitutes one Magistrate for
two.
Section 16 is the old section 41, with the last paragraph omitted, as being un- necessary. No grain cargoes are laden here.
Section 17 is the old sections 9 and 11.
Section 18 is the old section 10 with the last paragraph omitted as being un-
necessary.
Section 19 is that portion of the old section 13 which applied to Courts of Survey, with the addition of several clauses borrowed from the English Act of 1894, e.g., sub-section (4), part of sub-section (5), and sub-sections (6) to (13) inclusive. The fee for unofficial members of the Court has been raised from $5 to $10 a day, as the former rate of remuneration is considered wholly inadequate. It may be mentioned that the usual remuneration for special jurors in the Colony is $10 per day.
Section 20 corresponds with that portion of the old section 13 which applied to Courts of Survey.
Section 21 is new, and has been rendered necessary by the recent extension of the boundaries of the Colony.
Section 22 is the old section 24 with slight amendments and additions in sub- sections (1), (3), (4), (5) and (6).
The clause at the end of sub-section (3) and the proviso at the end of sub-section (6) are entirely new.
Section 23 is the old section 25 with an additional sub-section (3), providing for the recovery of costs incurred by the Government.
Section 24 is the old section 26 with verbal alterations. It was thought advisable to reduce the maximum term of imprisonment in default from 3 months to 1 month.
Section 25 is the old section 27 brought up to date as regards the lights to be carried by vessels, and contains an amendment" in the provisions relating to signals for Police Assistance.
Section 26 is the old section 28 re-arranged.
Section 27 is practically equivalent to the old section 29, except that the last three lines of section 27 are new.
Section 28 corresponds with the former section 30, but the words or by the direction of the Harbour Master," in sub-section (4) are new.
Section 29 is new, and has been introduced in order to obtain some revenue from the fisheries, especially having regard to the recent extension of the boundaries of the Colony.
Section 30 is the old section 31 re-drafted, but contains an additional sub-section giving authority to require vessels to stop in certain cases.
Section 31 is the old section 32.
Section 32 is the old section 33 amended so as to apply to dues of any kind. Section 33 sub-section 1 is the old 34, amended so as to apply to all cables and wires.
Sub-section (2) is new.
Section 34 is the old section 35.
Section 35 is the old section 36.
Section 36 is founded, in the main, upon the old section 37.
In sub-section (4) the words “as cargo" are substituted for "200 lbs.”
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Sub-section (7) as to the isolation of the vessel with explosives from other vessels
is new.
Sub-section (10) differs from the old sub-section (10) in raising the maximum quantity of gunpowder allowed from 15 lbs. to 20 lbs. The reason for that alteration is that gunpowder is imported in 20 lb. kegs, and, with the old maximum of 15 lbs. kegs had to be opened and the remainder of the gunpowder stored elsewhere, which was a dangerous practice. The Harbour Master considered that the limits of 2,000 in safety cartridges was advisable.
Sub-section 12 differs from the old sub-section (12) in empowering the Governor- in-Council to make rules for the "movement, carriage, landing, shipment, or tranship- ment of explosives and the precautions to be taken in connection therewith." (It appears very desirable that the Governor-in-Council should possess such power.)
In sub-section (13) the words "in whose name the same is stored" are substituted for "claiming to be entitled to."
Sub-section (17) is new.
Section 37 is the old section 7 with some slight amendments, for instance the provisions at the end of sub-sections (1) and (2) are new. Sub-section (9) containe an amendment of the old sub-section (9) with regard to the position of the lights. Sub- section (11) provides for reporting at the nearest Harbour Master's Station, because these stations have increased in number. Sub-sections (18) and (20) reduce the maxi- mum term of imprisonment in default. The last sentence of sub-section (25) is new.
Section 38 is the old section 8, omitting sub-section (4) because it was pointed out to the Harbour Master that that sub-section prevented an ocean-going steamer, holding
a passenger certificate, from carrying the number allowed by her certificate.
Section 39 is the old section 38 re-arranged.
Sub-sections (14), (26), (27) and (28) reduce the maximum terms of imprisonment in default.
Section 40 is the old section 39 with the words "other than boats or vessels having British, Colonial, or foreign register" left out of (a), as being an undesirable exception. The words at the end of sub-section (2), "and in addition to, etc.," are new.
Section 41 is the old 43 and part of 42 (see printed synopsis) brought up to date and re-arranged, and with two clauses (6) and (9) taken from the English Act of 1894.
The words in line 2 of sub-section 2 (a)," of this Ordinance" are new, and were apparently omitted, per incuriam, from sub-section (2) of section 42 of the old Ordi-
Section 42 is a re-enactment of sub-sections (8), (9), (11) and (12) of the old section 42 without material alteration.
nance.
Section 43 is a substantial reproduction of sub-sections (13) and (14) of the old section 42, and of sub-sections (1) and (2) of the old section 44.
Section 44 is the old section 45.
Section 45 is a new section exempting ships of war from the provisions of the Ordinance. It is founded upon section 741 of the English Act of 1894 and the Rules of International Law.
Section 46 is the old 46 re-drafted, leaving out certain portions which are now rendered unnecessary by reason of the provisions of Ordinance 24 of 1897.
Section 47 is the old 47 re-drafted.
With regard to the Tables in the Schedule to the Ordinance the following appear to be the material changes effected.
Table A-Class 1 C is amended in accordance with the Board of Trade instruc- tions to surveyors.
Table B.-Charge for Colonial Register "$15" instead of "$25."
Table C.-In the 2nd paragraph of 2 " under sub-section 8 of section 10," instead of "under this Ordinance."
(7) Tracings and drawing "$25" instead of "$15."
(8) Wording amended.
(9) New. Recording change of name.
(The following clauses are re-numbered.)
(16) New. Approving and certifying of position of load line $10.
Table D has been altered and enlarged. Part (b) of that table is taken from the
10th and 11th Schedules of the English Act of 1894, while (a) was allowed to remain
as in the old Table so as to keep the coasting ships on an equally good footing with
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Private notes are available after approval.