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False declara

tion as to

draught;

falsifying marks; penalties.

Ships may be delayed when necessary for safety:

control of such ship who shall knowingly cause or be accessory to such contravention shall each incur a fine not exceeding one hundred pounds.

31. If any ship master, on being requested by any Pilot having the charge of his ship, or by the Harbour Master, to declare her draught of water, refuses to do so, or himself makes, or is privy to any other person making a false declaration as to such draught, he shall incur a fine which may extend to one hundred pounds; and if the master, or other person interested in or having the control of a ship, makes, or is privy to any other person making any fraudulent alteration on the marks on such ship denoting her draught of water, the offender shall incur a fine which may extend to five hundred pounds.

32. If the state of the tide, wind, or sea be at any time such as in the opinion of the Harbour Master would cause serious danger upon crossing the Bar to any ship, he may by an order in writing signed by him and delivered to the master, charterer, or consignee, or other person having control of the ship, prohibit such ship from leaving, or endeavouring to leave, or entering, or endeavouring to enter the Harbour, for a period not exceeding thirteen hours from the hour marked upon such order, and may renew such prohibition from time to time as often as may in his opinion be necessary for the safety of the ship:

Penalty on If any ship is taken, or endeavoured to be taken, out of or into contravention. the Harbour in contravention of this section, the master of such ship, or any charterer, consignee, owner, or other person having control of such ship who shall knowingly cause or be accessory to such contravention shall each incur a fine not exceeding one hundred pounds, and, if a Pilot, shall be liable to have his License suspended or revoked by the Governor.

Notice before leaving Harbour.

Regulations

as to Towage, Sails, &c.

Penalty on

33. Not less than three hours' notice shall be given to the Harbour Master before any ship leaves the Harbour: The notice shall be in writing and left at the Harbour Master's office during office hours: The master of any ship leaving without such notice shall be liable to a penalty not exceeding twenty pounds.

34. Every ship towed into or out of the Harbour shall have two hawsers fast to the steam tug: the Pilot in charge of the ship shall satisfy himself that these hawsers are sufficient, and in good condition, and properly made fast before he shall take the ship into or out of the Harbour, and no Pilot shall take a ship into or out of the Harbour without first seeing that the anchors and cables are ready for use, and that all sails are bent;

If these directions are not complied with, the pilot and master of contravention. the ship shall each be liable to a penalty not exceeding Twenty pounds, and any charterer, consignee, or owner knowingly permitting, or being accessory to any such non-compliance shall be liable to a fine not exceeding one hundred pounds.

Harbour

35. The Harbour Master shall, (subject to the Rules), have full Powers of power to direct and regulate the locality, position and method of Master in the anchoring, and the moving of ships within the Harbour, and to mooring, &c. vary or add to any directions given by him:

Any master of a ship or other person shall incur a penalty not exceeding fifty pounds who

Refuses or neglects to moor, unmoor, remove, or place any ship at the time and in the place and manner directed by the Harbour Master; or

Obstructs or hinders the mooring, unmooring, or removal of any ship ordered by the Harbour Master to be moored, unmoored, or placed in any situation; or

Obstructs the Harbour Master in the discharge of any of his duties, or neglects or refuses to obey his lawful directions; or Allows pitch or any combustible matter to be heated in any ship or boat unless moored thirty fathoms at least from the nearest ship or wharf.

of Ships: Penalty on contravening his directions.

Harbour
Master.

36. If the Harbour Master from ignorance or want of care Liability of moors or places any ship in such a position as to occasion damage to it, or to any other ship, or to any wharf, he shall be liable to make good such damage, and may be proceeded against by action.

Master, how

37. In case of any dispute arising between the Harbour Master Disputes with and any master, charterer, consignee, or owner of any ship touching Harbour the method in which the Harbour Master shall perform his duties, decided. or touching any direction he shall give as Harbour Master in any particular case, the matter may be referred to the Governor, who may decide the matter as he sees fit.

Gunpowder.

38. Any ship or boat laden, or partly laden, with gunpowder Gunpowder to shall, immediately on entering the Harbour, be moored off the be discharged at Magazine Powder Magazine and conveniently near thereto, and the powder shall, with all necessary caution, be forthwith discharged and stored in the magazine:

No gunpowder shall be put on board any ship or boat within the and not taken Harbour unless such ship or boat be moored off the Magazine, and on board no ship or boat which has received gunpowder on board shall be except at Magazine; to afterwards moored at any other part of the Harbour, but shall leave be exported the limits thereof with the least possible delay:

forthwith.

If any gunpowder is brought into the Harbour, or put or kept Penalty on on board any ship or boat in contravention of this section, such contravention. gunpowder shall be forfeited, and the master of the ship, and every person knowingly concerned in such contravention shall each be punished with fine which in each case may extend to one hundred pounds, or with imprisonment, with or without hard labour, which may extend to one month.

Special permission for certain Vessels to anchor in Harbour.

Gunpowder

in a Magazine properly constructed.

39. The Governor shall have power to give to any Ocean Steamer regularly trading between West Africa and Europe having gunpowder on board which may call at Lagos on her homeward or outward voyage special permission to anchor at such convenient place or places in the Harbour as may be decided by the Governor or by the Harbour Master acting under his orders. (13 of 1882, s. 1.)

40. The gunpowder in such Ocean Steamer shall be stored in a shall be stored Magazine, and the Master of the Vessel applying for the said special permission shall produce a certificate from the Authorities of the European Port from which such Vessel first sailed upon the then present voyage, certifying that the said Magazine had been approved by them as fit to be used for the storing of gunpowder; and before such vessel shall be permitted to pass the Government Powder Magazine, the Harbour Master or Collector of Customs, or other Officer temporarily acting in either capacity, shall also satisfy himself that the Magazine has been properly constructed and is in good order. (13 of 1882, s. 2.)

Such special permission to be given only

during the time such Vessel is

receiving or discharging Cargo.

The keys of

the Magazine

on board to be kept by Collector of Customs; Penalty.

41. The said special permission shall be given only for the time during which the Vessel may be actually receiving or discharging Cargo, and as soon as the Vessel has received or discharged her Cargo, she shall (unless she proceeds at once to sea) shift her anchorage to such place or places as the Governor, or the Harbour Master acting under his orders, may direct, and the Vessel shall remain at such place or places until she proceeds to sea, or until permission be given to shift her anchorage. (13 of 1882, s. 3.)

42. During the time the Vessel is in the Harbour, the keys of the Powder Magazine shall be kept by the Collector of Customs or other Officer temporarily acting for him, until the Vessel is ready to proceed to sea, when they shall be returned to the Master of the Vessel or Officer deputed by him to receive them;

If within two hours after the keys shall have been so returned, the Vessel do not proceed to sea, the said keys shall be delivered back to the Collector of Customs or other Officer temporarily acting for him, and in default, the Master of the Vessel or, at the option of the Collector of Customs, the Owners thereof, shall be liable to a penalty not exceeding Fifty pounds for every day or part of a day during which the Vessel shall continue in Harbour and the keys remain unreturned. (13 of 1882, s. 4.)

Removal of
Wrecks.

Removal of Wrecks.

43. (1.) Where any Vessel is sunk, stranded, or abandoned in the Harbour of Lagos or in or near any approach thereto, in such manner as in the opinion of the Harbour Master to be, or be likely to become, an obstruction or danger to navigation in the Harbour,

or in any approach thereto, the Harbour Master may with the sanction of the Governor,

(a) take possession of and raise, remove, or destroy the whole or any part of the Vessel,

(b) light or buoy any such Vessel or part until the raising, removal, or destruction thereof, and

(c) sell in such manner as he thinks fit, any Vessel or part so raised or removed, and also any other property recovered in the exercise of his powers under this Ordinance.

(2.) The Harbour Master may out of the proceeds of any such sale reimburse himself for the expenses incurred by him under this Ordinance.

(3.) If the Owner of the Vessel or his agent shall claim within four months after the date of any such sale he shall be entitled to receive the balance of any proceeds after payment of the expenses incurred.

(4.) If any part of the expenses remain unpaid the same may be recovered from the Owner of the Vessel or his agent, and in this sub-section the words "the Owner of the Vessel" shall mean and include the Owner of the Vessel at the time the Vessel was sunk, stranded or abandoned as the case may be.

Provided as follows:

(I.) A sale shall not (except in the case of property which is of a perishable nature, or which would deteriorate in value. by delay) be made under this section, until at least seven clear days' notice of the intended sale has been given by advertisement in some one or more of the local newspapers circulating in Lagos; and

(II.) At any time before any property is sold under this section, the Owner thereof shall be entitled to have the same delivered to him on payment to the Harbour Master of the fair market value thereof, to be ascertained by agreement between the Harbour Master and the Owner, or failing agreement, by some person to be named for the purpose by the Governor, and the sum paid to the Harbour Master as the value of any property under this provision shall, for the purposes of this section, be deemed to be the proceeds of sale of that property. (16 of 1897, s. 3, and 2 of 1898, s. 2.)

of other obstructions.

44. In the event of any obstruction other than those mentioned Removal in Section 43 hereof being in the Habour of Lagos or the approaches thereto, the Harbour Master shall have the same powers and duties, in dealing with such obstruction, as are conferred on him in the last preceding section with respect to vessels. (16 of 1897, s. 4.)

45. The provisions of Section 43 hereof shall apply to every Removal of article or thing, or collection of things, being or forming part of tackle, cargo, the tackle, equipments, cargo, stores, or ballast of a vessel, in the

&c.

Wilfully sinking ships.

Throwing mud, &c.

same manner as if it were included in the term "vessel." (16 of 1897, s. 6.)

46. If any person shall wilfully sink any ship or boat in the Harbour without having first obtained the permission of the Harbour Master, approved by the Governor in writing, he shall, in addition to paying the expenses incurred by the Harbour Master in removing such ship or boat, be liable to a penalty not exceeding one hundred pounds. (3 of 1878, s. 40.)

47. If any master of a ship, or any other person shall throw, or deposit, or permit to be thrown or deposited any rubbish, mud, into Harbour. earth, stone, sand, ashes, ballast, or other similar matter in the

Governor with consent of Legislative Council to make rules.

Licenses

necessary
to work fish-
ing stake.

Harbour, or in any approach thereto, other than such place as may be set apart for that purpose by the Harbour Master with the sanction of the Governor, he shall be liable to a penalty not exceeding one hundred pounds. (3 of 1878, s. 41.)

Fishing Stakes.

48.-(1) It shall be lawful for the Governor with consent of the Legislative Council to make Rules and Orders for the erection, maintenance, managing, and working of fishing stakes in the Harbour of Lagos, prescribing the places where the same may be erected, the distances to be observed from the shore and from other stakes, the nature of the nets and stakes to be used, the depth of water for stakes, the length of time to be kept in the same place, the removal when out of repair, or not used, lighting of stakes at night, the removal, repairing, and cleaning of stakes, and otherwise generally for all purposes connected with the erection, maintenance, and working of such stakes.

(2) Any person committing a breach of any rule or order made under this section shall, on conviction before a Police Magistrate, be liable to a penalty not exceeding ten pounds.

(3) Any fishing stakes established, renewed, altered or repaired contrary to any rules and regulations so made, may be removed by the Harbour Master, and the owner or occupier of such fishing stakes shall be required to pay the expenses of such removal, and further shall be liable on conviction for each breach of such rule or regulation to the penalty prescribed in sub-section (2) hereof. (16 of 1897, s. 10.)

49.-(1) It shall not be lawful for any person on and after the 1st day of January, 1898, to erect, maintain, manage, or work in any way any fishing stakes or to catch fish by means of stake nets in the Harbour of Lagos without a license for that purpose granted by the Colonial Treasurer, upon the certificate of the Harbour Master.

(2) It shall be lawful for the Governor in Council to establish Tables of Fees to be charged for licenses for fishing stakes.

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