The Hongkong Government Gazette.
[JUNE 12, 1858.
ADMIRALTY NOTICE RESPECTING LIGHTS AND FOG SIGNALS TO BE CARRIED AND USED BY
SEA-GOING VESSELS, TO PREVENT COLLISION.
By the Commissioners for executing the Office of Lord High Admiral of the United Kingdom of Great Britain and Ireland, &c. By virtue of the power and authority vested in us, we hereby revoke, as from and after the thirtieth day of September 1858, the Regula. tions made and published by us on the first day of May 1852, relating to the Lights to be carried by Sea-going Vessels to prevent collision: And we hereby make the following Regulations, and require and direct that the same be strictly observed and carried into effect on and after the first day of October, 1858.
STEAM VESSELS.
All Sea-going Steam Vessels, when under Steam, shall, between sunset and sunrise, exhibit the following Lights;
1. A bright White Light at the Foremast Head.
A Green Light on the Starboard side,
A Red Light on the Port side.
2. The Mast-head Light shall be so constructed as to be visible on a dark night, with a clear atmosphere, at a distance of at least 5 miles, and shail show an uniform and unbroken light over an arc of the horizon of 20 points of the compass, and it shall be so fixed as to throw the light 10 points on each side of the ship, viz: from right ahead to 2 points abaft the beam on either side.
3. The Green Light on the Starboard side and the Red Light on the Port side shall be so constructed as to be visible on a dark night with a clear atmosphere, at a distance of at least 2 miles, and show an uniform and unbroken light over an arc of the horizon of 10 points of the compass, and they shall be so fixed as to throw the light from right ahead to 2 points abaft the beam on the Starboard and on the Port sides respectively.
4. The Side Lights are to be fitted with inboard screens projecting at least 3 feet forward from the light, so as to prevent the light from being seen across the bow.
5. Steam Vessels under Sail only are not to carry their Masthead Light.
Fog Signals.
All Sea-going Steam Vessels, whether propelled by paddles or screws, when their steam is up, and when under way, shall in all cases of Fog use as a Fog Signal a Steam Whistle, placed before the Funnel at not less than 8 feet from the deck, which shall be sounded once at least every five minutes; but when the steam is not up, they shall use a Fog Horn or Bell, as ordered for Sailing Ships.
SAILING VESSELS.
1. All Sea-going Sailing Vessels when under way or being towed shall between sunset and sunrise exhibit a Green Light on the Starboard side and a Red Light on the Port side of the vessel, and such Lights shall be so constructed as to be visible on a dark night, with a clear atmosphere, at a distance of at least 2 miles, and shall show an uniform and unbroken light over an are of the horizon of 10 points of the compass, from right a-head to 2 points abaft the beam on the Starboard and on the Port sides respectively.
2. The Coloured Lights shall be fixed whenever it is practicable so to exhibit them; and shall be fitted with inboard screens projecting at least 3 feet forward from the Light, so as to prevent the Lights being seen across the bow.
3. When the Coloured Lights cannot be fixed (as in the case of small vessels in bad weather), they shall be kept on deck between sunset and sunrise, and on their proper sides of the vessel ready for instant exhibition, and shall be exhibited in such a manner as can be best seen on the approach of, or to, any other vessel or vessels, in sufficient time to avoid collision, and so that the Green Light shall not be seen on the Port side, nor the Red Light on the Starboard side.
Fog Signals.
All Sea-going Sailing Vessels when under way, shall, in all cases of Fog, use when on the Starboard Tack & Fog Horn, and when ou the Port Tack shall Ring a Bell. These signals shall be sounded once at least every five minutes.
SAILING PILOT VESSELS are to carry only a white Light at the Mast-head, and are to exhibit a Flare-up Light every 15 minutes, in accordance with Trinity House regulation,
VESSELS AT ANCHOR.
All Sea-going Vessels when at anchor in roadsteads or fairways shall, between sunset and sunrise, exhibit where it can best be seen, but at a height not exceeding 20 feet above the hull, a White Light in a Globular Lantern of 8 inches in diameter, and so constructed as to show a clear, uniform, and unbroken light all round the horizon, at a distance of at least 1 mile.
Given under our hands this 24th day of February 1858.
By Command of their Lordships,
W. G. ROMAINE,
Secretary.
CHARLES WOOD.
R. S. DUNDAS.
The following Diagrams are intended to illustrate the use of the Lights carried by vessels at sea, and the manner in which they indica
to the vessel which sees them the position and description of the vessel which carries them :-
FIRST.-When both Red and Green Lights are seen —
A sees a Red and Green Light ahead ;-A knows that a vessel is approaching her on a course directly opposite to her own, as ;
A
B
If A sees a White Mast-head Light above the other two, she knows that B is a steam-vessel.
SECOND, When the Red, and not the Green light, is seen:
A sees a Red Light ahead or on the bow ;-A knows that either,
1, a vessel is approaching her on her port bow, as B;
A
B
MAY 29, 1858.]
The Hongkong Government Gazette.
Order protecting her Earnings and Property acquired since the Commencement of such Desertion, from her Husband and all Creditors and Persons claiming under him, and such Earnings and Property shall belong to the Wife as if she were a Feme Sole: Provided always, that every such Order, if made by a Police Magistrate or Justices at Petty Sessions, shall, within Ten Days after the making thereof, be entered with thegistrar of the County Court within whose Jurisdiction the Wife is resident; and that it shall be lawful for the Husband, and any Creditor or other Person claiming under him, to apply to the Court, or to the Magistrate or Justices by whom such Order was made, for the Discharge thereof: Provided also, that if the Husband or any Creditor of or Person claiming under the Husband shall seize, or continue to hold any Property of the Wife after Notice of any such Order, he shall be liable, at the Suit of the Wife (which she is hereby empowered to bring), to restore the specific Property, and also for a Sum equal to double the Value of the Property so seized or held after such Notice as aforesaid: If any such Order of Protec- tion be made, the Wife shall during the Continuance thereof be and be deemed to have been, during such Desertion of her, in the like Position in all respects, with regard to Property and Contracts, and suing and being sued, as she would be under this Act if she obtained a Decree of Judicial Separation.
Court to act Qu
3
XXII. In all Suits and Proceedings, other than Proceedings to dissolve any Marriage, the said Court shall proceed and act and give Relief on Principles and Rules which in the Opinion of the said Court Principles of the Ecele- shall be as nearly as may be conformable to the Principles and Rules on which the Ecclesiastical Courts siastical Courts. have heretofore acted and given Relief, but subject to the Provisions herein contained and to the Rules
and Orders under this Act.
XXIII. Any Husband or Wife, upon the Application of whose Wife or Husband, as the Case may Decree of Separa- be, a Decree of Judicial Separation has been pronounced, may, at any Time thereafter, present a Petition tion obtained during to the Court praying for a Reversal of such Decree on the Ground that it was obtained in his or her the Absence of Hus- Absence, and that there was reasonable Ground for the alleged Desertion, where Desertion was the Ground
band or Wife may be reversed. of such Decree; and the Court may, on being satisfied of the Truth of the Allegations of such Petition, reverse the Decree accordingly, but the Reversal thereof shall not prejudice or affect the Rights or Remedies which any other Person would have had in case such Reversal had not been decreed, in respect of any Debts, Contracts, or Acts of the Wife incurred, entered into, or done between the Times of the Sentence of Separation and of the Reversal thereof.
Trustee.
to her
XXIV. In all Cases in which the Court shall make any Decree or Order for Alimony, it may direct Court may direct the same to be paid either to the Wife herself or to any Trustee on her Behalf, to be approved by the Payment of Alimony Court, and may impose any Terms or Restrictions which to the Court may seem expedient, and may from to Wife or Time to Time appoint a new Trustee, if for any Reason it shall appear to the Court expedient so to do.
XXV. In every Case of a Judicial Separation the Wife shall, from the Date of the Sentence and In case of Judicial whilst the Separation shall continue, be considered as a Feme Sole with respect to Property of every Separation the Wife Description which she may acquire or which may come to or devolve upon her; and such Property may Feme Sole with respect be disposed of by her in all respects as a Feme Sole, and on her Decease the same shall, in case she shall to Property she may die intestate, go as the same would have gone if her Husband had been then dead; provided, that if any acquire, &c.; such Wife should again cohabit with her Husband, all such Property as she may be entitled to when such Cohabitation shall take place shall be held to her separate Use, subject, however, to any Agreement in Writing made between herself and her Husband whilst separate,
to be considered a
Also, for Purposes
XXVI. In every Case of a Judicial Separation the Wife shall, whilst so separated, be considered as a Feme Sole for the Purposes of Contract, and Wrongs and Injuries, and suing and being sued in any Civil of Contract and suing. Proceeding; and her Husband shall not be liable in respect of any Engagement or Contract she may have entered into, or for any wrongful Act or Omission by her, or for any Costs she may incur as Plaintiff or Defendant; provided, that where upon any such Judicial Separation Alimony has been decreed or ordered to be paid to the Wife, and the same shall not be duly paid by the Husband, he shall be liable for Necessaries supplied for her Use; provided also, that nothing shall prevent the Wife from joining, at any Time during such Separation, in the Exercise of any joint Power given to herself and her Husband.
Husband may claim
XXXIII. Any Husband may, either in a Petition for Dissolution of Marriage or for Judical Separa- tion, or in a Petition limited to such Object only, claim Damages from any Person on the Ground of his Damages from Adul- having committed Adultery with the Wife of such Petitioner, and such Petition shall be served on the terers. alleged Adulterer and the Wife, unless the Court shall dispense with such Service, or direct some other Service to be substituted; and the Claim made by every such Petition shall be heard and tried on the same Principles, in the same Manner, and subject to the same or the like Rules and Regulations as Actions for Criminal Conversation are now tried and decided in Courts of Common Law; and all the Enactments herein contained with reference to the Hearing and Decision of Petitions to the Court shall, so far as may be necessary, be deemed applicable to the Hearing and Decision of Petitions presented under this Enact- ment; and the Damages to be recovered on any such Petition shall in all Cases be ascertained by the Verdict of a Jury, although the Respondents or either of them may not appear; and after the Verdict has been given the Court shall have Power to direct in what Manner such Damages shall be paid or applied, and to direct that the whole or any Part thereof shall be settled for the Benefit of the Children (if any) of the Marriage, or as a Provision for the Maintenance of the Wife.
Power to Court to
XXXIV. Whenever in any Petition presented by a Husband the alleged Adulterer shall have been made a Co-Respondent, and the Adultery shall have been established, it shall be lawful for the Court to order Adulterer to pay order the Adulterer to pay the whole or any Part of the Costs of the Proceedings.
Costs.
XXXV. In any Suit or other Proceeding for obtaining a Judicial Separation or a Decree of Nullity Power to Court to of Marriage, and on any Petition for dissolving a Marriage, the Court may from Time to Time, before make Orders as to making its final Decree, make such interim Orders, and may make such Provision in the final Decree, as
Custody of Children.
is
may
deem just and proper with respect to the Custody, Maintenance, and Education of the Children the Marriage of whose Parents is the Subject of such Suit or other Proceeding, and may, if it shall think fit, direct proper Proceedings to be taken for placing such Children under the Protection of the Court of Chancery.
XXXVI. In Questions of Fact arising in Proceedings under this Act it shall be lawful for, but Questions of Fact except as herein-before provided, not obligatory upon, the Court to direct the Truth thereof to be deter- may be tried before mined before itself, or before any One or more of the Judges of the said Court, by the Verdict of a Special the Court. or Common Jury.
Where a Question
a Jury may be sum-
XXXVII. The Court, or any Judge thereof, may make all such Rules and Orders upon the Sheriff of any other Person for procuring the Attendance of a Special or Common Jury for the Trial of such is ordered to be tried Question as may now be made by any of the Superior Courts of Common Law at Westminster, and may moned as in the Com- also make any other Orders which to such Court or Judge may seem requisite ; and every such Jury shall mon Law Courts. consist of Persons possessing the like Qualifications, and shall be struck, summoned, balloted for, and called
in like Manner, as if such Jury were a Jury for the Trial of any Cause in any of the said Superior Courts:
and every Juryman so summoned shall be entitled to the same Rights, and subject to the same Duties and Liabilities, as if he had been duly summoned for the Trial of any such Cause in any of the said Superior Courts; and every Party to any such Proceeding shall be entitled to the same Rights as to Challenge and Rights to Challenge. otherwise as if he were a Party to any such Cause.
Such Question to be
XXXVIII. When any such Question shall be so ordered to be tried such Question shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the reduced into Writing, said Question, and a true Verdict to give thereon according to the Evidence; and upon every such Trial and a Jury to be sworn the Court or Judge shall have the same Powers, Jurisdiction, and Authority as any Judge of any of the Judge sal Superior Courts sitting at Nisi Prius.
Judge to have same
Powers as at Nisi Prius,
183
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