(3) Provided always, however, that any person who shall prove to the satisfaction of the Governor in Council, that he has a right to catch fish in any fixed and determined place in the Harbour of Lagos, by means of fishing stakes or stake nets, shall be entitled without payment of any fee to receive a license to exercise any such rights. (16 of 1897, s. 11.)

Vessels Adrift.

50. If any person shall for the purpose of obtaining salvage, or Penalty for for any other purpose, wilfully set adrift, or cut, break, or unfasten unlawfully the moorings of any ship or boat in the Harbour with intent to set loosing moorings, &c. such ship or boat adrift, he shall, for every offence, be liable to be punished with fine which may extend to fifty pounds, or with imprisonment, with or without hard labour, which may extend to six months, or with both but nothing in this enactment shall prevent the prosecution of any person by information for any offence for which he might otherwise be so prosecuted, but so as he shall not be punished more than once for the same offence. 1878, s. 43.)

(3 of

51. If any boat is found adrift, no person being on board and Salvage of in charge thereof, any person who shall secure and deliver such boats: boat to the owner, or deliver the same properly made fast at the Custom House wharf into the charge of some Officer of Customs or Constable there on duty if practicable, shall be entitled to receive from the owner a reasonable amount of Salvage, in proportion to the value of the boat, and the risk, trouble, and necessary expense incurred by the Salvor in securing the boat; provided that the Proviso; person finding such boat shall with all convenient speed give notice to an Officer of Police and to the owner, should he be known, of such finding, and in such notice he shall state fully the place, and time of such finding, and his name and place of abode, and his readiness to deliver up such boat upon his being paid a reasonable amount for his trouble in saving the same, and in default he shall forfeit any claim he might have had for such Salvage, and shall deliver up the boat on demand from the owner or any Officer or non-commissioned Officer of Police;

Any dispute as to the amount or distribution of such Salvage Disputes, how shall be decided by the Police Magistrate, upon the application settled. either of the Salvor or the owner of the boat. (3 of 1878, s. 44.)

Use of Steam Whistles in Harbour.

52. No steam whistle or other steam sound signal shall be Penalty on sounded on any steam ship within the limits of the Harbour of use of steam Lagos while and so long as such steam ship is at anchor or is moored to any quay or wharf.

The master or any other person in charge of any steam ship on which a steam whistle or other steam sound signal shall have been

whistles.

sounded in contravention of this section shall incur a penalty not exceeding ten pounds. (16 of 1897, s. 7.)

Regulations:

Restrictions

as to Sailors going on shore ;

Stragglers on shore may be apprehended;

Boat service;

Exposure to

sun;

Provisions;

Awnings ;

Orders of
Health
Officer;

Immediate

report of disease; Nursing Sick;

Report of complaint;

Health of Seamen.

53. The following regulations shall apply and be carried into effect in the case of all ships in the Harbour: a copy thereof shall be delivered by the proper Officer of Customs to every master on entering his ship; and the master shall keep such copy posted in some part of his ship accessible to all persons on board during the whole time such ship is in the Harbour, and for every day's failure in doing so, the master shall be liable to a fine not exceeding forty shillings:

(1.) None of the white crew shall be on shore except on duty or from urgent necessity between the hours of 10 a.m. and 3 p.m.;

(2.) Any white seaman found straggling on shore except between the hours of 5 a.m. till 10 a.m., and 3 p.m. till 9 p.m., may be apprehended by the Police, and on conviction be fined in any amount not exceeding ten shillings;

(3.) None of the white crew shall be sent or go in a boat unless
under an awning between the hours of 10 a.m. and 3
p.m.;

(4.) No white seaman shall be employed aloft, over the side, or
in any other position exposed to the sun between the
hours of 10 a.m. and 3 p.m. except when coming into or
going out of the Harbour, or mooring, or unmooring;
(5.) Fresh provisions, meat, and vegetables shall be issued to the
crew at least every other day;

(6.) Awnings shall be spread both in rainy and dry weather,
over the forecastle as well as the quarter deck, of all
Vessels lying in the Harbour;

(7.) All orders affecting the sanitary condition of the crew issued
by the Health Officer shall be promptly complied with;
(8.) The master of the ship shall immediately on the appearance
of disease communicate with the Health Officer, who will
furnish the necessary attendance;

(9.) In the event of there being much sickness on board, and in
all cases where the Health Officer so directs, the master
shall appoint one of the crew to cook for the sick and
attend upon them, or shall hire a nurse from the shore
for that purpose;

(10.) All complaints respecting the condition, or the quantity of provisions served out to the crew shall be reported without delay by the master to the Health Officer, who will regulate the diet for the sick, giving the master a certificate authorising any extra expenditure when necessary;

(11.) The Health Officer shall visit every ship in the Harbour Visits by at least twice a week sending in a report of the sanitary Health condition of each ship to the Governor;

Officer;

Provided that this inspection shall not be compulsory Proviso.
in the case of steamships navigating within the Harbour
only, or visiting the Harbour casually, or for repairs;
but the Health Officer may visit such ships as often as
he considers advisable.

pliance with

(12.) Any master failing to conform to any of the above regula- Penalty on tions or conniving at the non-conformance thereto shall non-combe liable to a fine not exceeding one pound for the first Regulations. offence, and not exceeding five pounds for each subsequent offence. (3 of 1878, s. 45.)

54. The fee for supervision of medicines and medical attendance Medical fees. on board ship shall be thirty shillings for each person on board for the period of the ship's stay in Harbour if less than four months, but if that time is exceeded the like sum shall again become payable; if the ship remains in the Harbour for less than twenty-one days one half of the said sum only shall be paid: These fees shall not be chargeable in the case of

(a) Ships carrying a Certificated Surgeon;
(b) Steamships navigating within the Harbour only, or
visiting the Harbour casually, or for repairs;

(c) Coasting ships trading within the Settlement of Lagos only,
and not remaining in the Harbour for more than seven
consecutive days;

(d) Telegraph ships of the African Direct Telegraph Com-
pany. (3 of 1878, s. 46, and 7 of 1891, s. 1.)

Exceptions.

Sick to be

55. The Health Officer is hereby authorized and empowered to Health Officer direct and cause the removal of any sick master, mate, seaman, or may cause other person serving on board any ship to the Colonial Hospital, removed to whenever he shall consider his sickness to be either from its nature, Hospital: intensity, or any other circumstance such as to render removal advisable, either for the more effectual treatment of the patient, or otherwise, or that removal is advisable for any other sufficient

reason;

If the master fails to comply with any such order, or to give any Penalty on requisite assistance for carrying out the same which the Health non-compliance with Officer may require, he shall for every offence be liable to a fine Order. not exceeding five pounds. (3 of 1878, s. 47.)

Patients:

56. The following shall be the rates of payment for the lodging, Rates payable board, attendance, and medical and surgical treatment in the for Hospital Colonial Hospital of each person removed there from on board ship:

The Master ten shillings a day;

Any Mate seven shillings and sixpence a day;

Any ordinary Seaman four shillings and two pence a day;

L.

BB

Masters;

Mates;

Seamen;

Kroomen;

By whom

&c. to be

paid.

Any Krooman four shillings and two pence a day for the first five days of his residence in Hospital, and one shilling and three pence for every subsequent day. (3 of 1878, s. 48.)

57. All moneys payable under sections fifty-four and fifty-six medical rates, of this Ordinance shall be paid to the Treasurer, or any person whom he may authorize in writing to receive the same, by the persons declared by section twenty-four liable to pay pilotage dues, and may be recovered and enforced in the same manner as pilotage dues; and every consignee and agent shall have the like powers of retention in respect of such moneys paid or which shall have become payable by him as are provided by the twenty-sixth section in cases where pilotage dues are paid or have become payable by a consignee or agent. (3 of 1878, s. 49.)

Limitation of time for prosecutions.

Recovery of penalties.

III.-SUPPLEMENTAL.

Legal Procedure.

58. No conviction for any offence shall be made in any proceeding under this Ordinance unless the same is commenced within three months after the commission of the offence, or, if both or either of the parties to the proceeding are during such time not within the Settlement of Lagos, unless the same is commenced within one month after they are both at one time within that Settlement. (3 of 1878, s. 50.)

59. All penalties shall be recovered upon summary trial and conviction, for which purpose the Police Magistrate shall have jurisdiction in all prosecutions under this Ordinance, and upon non-payment the penalty shall be enforced under the provisions of the Criminal Procedure Ordinance, 1876, or any enactment amending or extending the same.

Limitation of The term for which any person may be imprisoned in default of imprisonment. payment of any penalty under this Ordinance shall not, except where otherwise herein expressed, exceed twenty-one days.

Application of penalties.

Power of

The Court imposing any penalty may, if it thinks fit, direct the whole or any part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, and, subject to such direction, all penalties recovered shall be paid over into the Public Treasury and form part of the Public Revenue of the Colony. (3 of 1878, s. 51.)

Supplemental Rules.

60. The Governor may, by any Order made with the advice making rules. and consent of the Legislative Council, make Rules consistent with this Ordinance and subject to the provisions thereof for further or better carrying into effect the purpose of this Ordinance,

and may annex and appoint a penalty which may extend to forty pounds in respect of the breach of any such Rule, and may alter, amend, or revoke all or any of such Rules;

Every such Order shall come into operation upon the publication thereof in the Government Gazette, or at such time thereafter as shall be in such Order provided, and shall have the like force and effect for all purposes as if the same had been made by Ordinance, subject to disallowance by Her Majesty. (3 of 1878, s. 52.)

Public Ships.

61. This Ordinance shall not extend to any ship belonging to Exemption. Her Majesty or to any Foreign Government. (3 of 1878, s. 53.)

No.

SCHEDULE.
A.

Pilot's Certificate.

This is to certify that in pursuance of the Pilotage and Harbour
Ordinance, 1878, we whose names are hereunto subscribed,
members of the Pilotage Board of Lagos, have made all
necessary enquiries respecting
a resident of

and have carefully and personally examined the said
touching his skill and ability in the navigation of sailing ships
and steamers, and his knowledge of the Harbour of Lagos,
and of the channels leading thereto, and of the shoals and
dangers therein, and that in our belief he is a person of good
character and of sober habits, and is possessed of sufficient
nautical skill to be put in Pilotage charge of ships and
steamers of the largest size and greatest draught of water
entering the said Harbour, and has such complete local
knowledge as is requisite for a thoroughly good Lagos Pilot.

Given at Lagos this

day of

18

Here follow the Signatures of the members of the Board granting the certificate.

B.

Pilot's License.

On the Certificate of the Pilotage Board of Lagos, and my approval thereof, these are to license

the

day of

to act as a Lagos Pilot from 18 to the thirty-first day of January, 18 subject to the Pilotage and Harbour Ordi

nance, 1878.

Given at Lagos this