62
No. 10 of 1899.
467
MERCHANT SHIPPING.
MERCHANT SHIPPING.
No. 10 of 1899.
63
Ship's
burden to be ascertained
by measure. ment in certain
cases.
Penalty on master for departing without paying dues, etc.
Penalty for injuring lighthouse,
etc.
[cf. 57 & 58 Vict. c. 60,
s. 666.]
distrain the goods, guns, tackle, or any other things of or belonging to or on board such ship, and to detain such distress until the said dues are paid; and 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 or master.
(6) In order to ascertain the burden of any ship liable to dues under this section, the collector may require the owner pay 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, it shall be lawful for him to 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; and 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.
(7) The master of any ship who—
(a) departs or attempts to depart from any port leaving unpaid the dues required to be paid under this section; or
(b) refuses to have his ship measured to ascertain her burden in tons; or
(c) obstructs any person in the duties of his office,
shall be liable to a fine not exceeding two hundred dollars.
Damage to lights, buoys and beacons, cables, etc.
33.-(1) Every person who wilfully or negligently commits any of the following offences :--
(a) injures any lighthouse or the lights exhibited therein, or any buoy or beacon, or any cables, wires or other apparatus, either in connexion therewith or otherwise; or
(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
(c) 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 not exceeding two hundred and fifty dollars.
(2) It shall be lawful for the Governor in Council to make Regulations regulations for the protection of telegraph cables or wires, either Table M
(V). in connexion with any lighthouse, lightship, buoy or beacon, or otherwise.
Gap Rock lighthouse.
34. The powers and provisions contained in sections 31 to Application 33. in respect of lighthouses, buoys, beacons, cables, wires or of ss. 31-33 other apparatus in connexion therewith, and dues, shall equally lighthouse.
to Gap Rock apply to the lighthouse upon the island commonly known as Gap Rock and any cables, wires and other apparatus for the purpose of telegraphic or other communication in connexion therewith.
Prevention of false lights.
Vict. c. 60,
35.-(1) Whenever any fire or light is burnt or exhibited at Harbour such place or in such manner as to be liable to be mistaken for Master may
prohibit a light proceeding from a lighthouse, it shall be lawful for the false light. Harbour Master to serve a notice on the owner of the place et 57 & 58 where the fire or light is burnt or exhibited or on the person s. 667 (1) to having charge of such fire or light, either personally, or by (3).1 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 to 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, and for preventing for the future any similar fire or light; and every 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 not exceeding five hundred dollars or to imprisonment for any term not exceeding six months.
(2) If any owner or person fails to comply with such notice Harbour as aforesaid, it shall be lawful for the Harbour Master to enter into the place wherein the same may be, and forthwith to light.
Master may abate false
468
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