653395-1891-Bills-The-Arms-Consolidation-The-Merchant-Shipping-Consolidation — Page 31

682

the Hongkong GOVERNMENT GAZETTE, 1ST AUGUST, 1891.

Power of dis- tross for light dum.

Ship's burden to be

ascertained by measurement in certaju

189

J'enalties.

Penalty for injuring lights, &c.

sec. 33.)

Sections 32, 33 and 34 to apply to

Gap Rock Lighthouse. (Ordinance No. 3 of 1889.)

Harketer Master way

prohibit false Jights.

Phid, see. 135.)

(6.) If the owner or master of any ship fails on demand of the authorized collector to pay the light dues in respect thereof, it shall be lawful for such collector, in addition to any other remedy which he is entitled to use, to enter. upon such ship and 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 light dues are paid; and if payment of the same is not made within the period of three days next ensuing such distress, he may, at any tine during the continuance of such non-payment, cause the same to be appraised by two sufficient persous, and thereupon sell the same, and apply the proceeds in payment of the light dues due, together with reasonable expenses incurred by him under this section, paying the surplus (if any) on demand to the said owner or master.

(7.) In order to ascertain the burden of any ship liable to pay light dues under this Chapter, the person authorized to collect such dues may require the owner, master, or other person in command of such ship, or any person having pos- session of the same, to produce the register of such ship for the inspection of such person, and, upon the refusal or ne- glect of such owner or master to produce such register, or to satisfy the persou authorized to collect such dues as to what is the true burden of the ship, it shall be lawful for such person to cause such ship to be measured at the ex- pense of the master thereof, and such expense shall be re- coverable in the same manner as dues payable under this Chapter; 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 Chapter.

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(8.) The master of any ship who shall attempt to depart from the waters of this Colony without paying the light dues in accordance with the provisions of this Chapter, or, who shall refuse to have his ship measured to ascertain her burden in tons, or who shall obstruct any person in the duties of his office, shall be subject to a penalty not exceed- ing two hundred dollars.

Damage to Lights, Buoys and Beacons.

34. If any person wilfully or negligently commits any of the following offences, that is to say :-

(a.) Injures any lighthouse, or the lights exhibited

therein, or any buoy or beacon;

(b.) Removes, alters, or destroys any lightship, buoy,

or beacon;

(c.) Rides by, makes fast to, runs foul of, any light-

ship, or buoy :

He shall, in addition to the expenses of making good any damage so occasioned, incur a penalty not exceeding two hundred and fifty dollars.

· Gap Rock Lighthouse.

35. The powers and provisions contained in sections 32 33 and 34 of this Ordinance in respect of Lighthouses and Light Dues within the Colony shall equally apply to the lighthouse now in course of erection upon an island commonly known as The Gap Rock, situate about twenty- eight miles from the Colony, within the Dominious of the Emperor of China.

Prevention of False Lights.

36. (1). Whenever any fire or light is burnt or ex- hibited at such place, or in such manner, as to be liable to be mistaken for a light proceeding from a lighthouse, it shall be lawful for the Harbour Master to serve a notice upon 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, 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 to direct such owner or person, within a reasonable time to be therein specified, to take effectual means for the extinguishing or effectually screening such existing light; and for the preventing for the future any similar fire or light, and any owner or person disobeying such notice, shall be deemed guilty of a common nuisance, and in ad- dition to any other penalties or liabilities of any kind thereby incurred, shall incur a penalty not exceeding five hundred dollars or six months' imprisonment with or without hard labour.