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4. Every officer receiving any sum of money as or for light- Receipts for dues shall give to the person paying such sum a receipt for the light-dues to be given. Such receipt shall sufficiently designate the ship in respect of which the dues are paid, shall be accurately dated and shall be signed by the officer giving it.
5. No Officer of Customs shall grant a clearance or transire for Ships not to any ship in respect of which any light-dues shall have become be cleared payable under or by virtue of this Ordinance, unless a proper duction of receipt for such light-dues shall be produced to him.
receipt for light-dues.
6. If the owner or master of any ship shall fail, on proper Power to demand made, to pay any light-dues payable in respect thereof, it shall be lawful for the principal Officer of Customs at any port where the ship may be, and his deputy, servants and agents, to enter upon such ship and distrain the goods, guns, tackle and every other thing of, or belonging to, or on board, such ship, and to detain the distress, until such light-dues are paid; and, if payment of the same shall not be made within the period of three days next ensuing such distraint, such principal Officer of Customs 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 light-dues together with all reasonable expenses incurred by him under this section, paying the surplus, if any, on demand to the owner or
Nothing in this section contained shall enure to affect the right of the Government to recover light-dues by action.
7. If any person shall wilfully or negligently commit any of the Penalty for following offences, that is to say:—
injuring lighthouses, buoys and
(a) Injure any lighthouse or any light exhibited therein, or any beacons. buoy or beacon;
(b) Remove, alter or destroy any light-ship, buoy or beacon; or Ride by, make fast to, or run foul of, any light-ship or
he shall, besides being liable to make good any damage thereby occasioned, incur a penalty not exceeding fifty pounds.
8. Whenever any fire or light is burned or exhibited 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 principal Officer of Customs in the District in which such fire or light is burned or exhibited, or any person nominated in that behalf by such officer, to serve a notice upon the owner of the place where the fire or light is burned or exhibited, or upon the person having charge of the 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 the fire or light, and by such notice
Power to pro
hibit false lights;
and to abate them.
to direct such owner or person, within a reasonable time, to be specified in the notice, to take effectual means for extinguishing or effectually screening such fire or light and for preventing for the future any similar fire or light; and the owner or person disobeying any such notice shall be deemed guilty of a common nuisance and, in addition to any other liabilities of any kind, shall incur a penalty not exceeding one hundred pounds.
9. If any such owner or person as aforesaid, served with such a notice as aforesaid, shall neglect for a period of twenty-four hours to extinguish or effectually screen the fire or light therein mentioned, it shall be lawful for the principal Officer of Customs in the District in which the fire or light may be, with or by servants, workmen and other assistants, to enter upon the place where the same may be and forthwith extinguish the fire or light, doing no unnecessary damage; and all expenses incurred by such officer in such extinction may be recovered by him from such owner or person.
10. All moneys coming to the hands of any officer under or by of moneys re- virtue of this Ordinance shall be paid into the Treasury and form part of the general revenue of the Colony.
11. The Governor in Council may from time to time appoint appoint ports. ports for the purposes of this Ordinance, and declare the limits of ports for those purposes, and annul, and alter the names and limits of, such ports.
12. It shall be lawful for the Governor, by order made with the advice and consent of the Legislative Council, from time to time to do any of the following things, that is to say:
(a) Increase or reduce all or any of the dues for the time being payable under or by virtue of this Ordinance;
(b) Exempt any ships or classes of ships, either wholly or partially, from the payment of such dues, and annex conditions to any such exemption;
(c) Appoint or alter the times, places and modes at and in which such dues shall be payable;
(d) Substitute any other dues or classes of dues, whether by way of annual payment or otherwise, in respect of any ships or classes of ships, for the dues for the time being payable in respect of such ships or classes of ships under or by virtue of this Ordinance;
(e) Make rules for the management of light-houses, buoys and beacons; and
(f) Generally, make rules, not inconsistent with this Ordinance, for giving further or better effect to the provisions thereof
and to attach a penalty which may extend to five pounds to the breach of any rule hereunder made.
Any order so made in the premises may be at any time varied, suspended or revoked by order made with the like advice and consent; and every order made under this section shall, upon publication thereof in the Gazette, have the same force and effect as if it were contained in this Ordinance, subject to disallowance by His Majesty.
Unless and until varied or revoked in the manner above prescribed the provisions contained in the Schedule hereto shall be and remain in force as though they were orders made under this section. (Amended.)
13. In this Ordinance:
"Port" means the port or harbour of Lagos, or any port constituted under Section 11 of this Ordinance; and
Light-houses," besides possessing the ordinary meaning of that term, includes floating and other lights exhibited for the guidance of ships; and "buoys and beacons" includes all other marks and signs used for that purpose.
Every ship shall be deemed to enter a port of the Colony which shall, either actually enter a port of the Colony, or pass, or derive benefit from, any light-house, buoy or beacon of the Colony.
14. This Ordinance shall not extend to any ship of war or Exemptions. auxiliary ship belonging to, and not merely chartered by or on behalf of, His Majesty or any Foreign Government.
15. This Ordinance may be cited for all purposes as "The Short title, Lights, Buoys and Beacons (Colony) Ordinance," and applies only and applicato the Colony, save and except as to sections 7, 8 and 9 thereof. which sections apply to the Colony and Protectorate.
(17 July, 1891.)
1. The light-house and the stores belonging to it shall be in charge of the Harbour Department. The Harbour Master shall satisfy himself by visits of inspection, to be made by him at least once a month, that the building and light are in good order and properly attended to by the light-house keepers. At the end of every month the Harbour Master shall forward to the Colonial Secretary a written report of his visit or visits, which report shall contain all necessary information with respect to the light-house, the light, tools and stores belonging thereto, and the management thereof.
2. The light-house keepers shall consist of two men, the Headkeeper and an Assistant. The Assistant shall, subject to these rules, be under the orders of the Head-keeper.
3. The lamp shall be lighted at six p.m. and extinguished at six a.m. During the whole time that the lamp is lighted one of the keepers shall be on the watch; the length and conditions of each watch shall be in the discretion of the Harbour Master and shall be such as he may from time to time order.
The care of the lamp is the first duty of the light-house keepers, and their attention is particularly called to the imperative necessity for the observance of this regulation.
The keepers shall keep the lenses and glasses of the lantern chamber clean and bright and in the best possible condition.
4. Should any accident happen to the lamp, or any part of it be in any way injured or broken, one of the keepers shall proceed to Lagos forthwith and report the same to the Harbour Master.
On no other occasion shall either of the light-house keepers be absent from the light-house without leave in writing from the Harbour Master.
5. The keepers shall be responsible to the Harbour Master for all stores and tools and for every thing that is supplied to them by the Government they shall check the whole of such stores, tools and supplies once a week and report to the Harbour Master within 24 hours, if any of the same are lost, broken, damaged or unfit for service.
6. In case either of the keepers is unable from sickness or other cause to perform his duties in a proper and efficient manner a communication of that fact shall be at once made to the Harbour Master.
7. A Log Book or daily journal shall be kept by the light-house keepers in which shall be entered daily all particulars of work done, the watch kept by each keeper, the direction of the wind and the state of the weather during each watch, the quantity of oil, wick, lamp glasses and other stores consumed or used, all breakages and the causes thereof. Each keeper shall be responsible for all proper entries being made during his watch.
8. No person shall at any time be admitted into the light-house or any part thereof, without an order in writing signed by the Colonial Secretary or the Harbour Master, unless he be a member of the Legislative Council or an officer of the Government in the discharge of his duties. The name of every visitor and the time of his visit shall be entered in the Log Book.
9. The Expense store, Reserve store, and Kerosine store provided for the storage of articles belonging to the light-house shall be regulated by the rules governing the custody of stores in force throughout the Colony.
10. Any person contravening any of the above rules shall be liable to forfeit a sum not exceeding five pounds.
2.-EXEMPTION OF SOUTH-WEST COAST MAIL STEAMERS.
(26 April, 1894.)
The mail steamers carrying mails to and from England commonly known as the South-West Coast Steamers, and calling with or for mails, passengers, and specie, and bringing or taking away not more than ten tons of cargo, shall be wholly exempt from payment of any dues that may be payable under or by virtue of the Ordinance.
3.-EXEMPTION OF LOCAL STEAMERS.
(22 June, 1898.)
All steamers having their head quarters at Lagos and trading only between Lagos and Porto Novo or between Lagos and the Forcados River or any other river between the Lagos River and the Calabar River, while continuing so to trade within the aforesaid limits shall be wholly exempt from payment of any dues that would otherwise be payable under or by virtue of the said Ordinance.
Provided always that should any steamer exempted clear for any port or place outside of the territorial waters of the Colony other than Porto Novo, the Forcados River or any other river between the Lagos River and the Calabar River, the latter included, such exemption shall for the time being cease to the extent of such voyage or voyages and no further, and the said dues shall become and continue payable notwithstanding anything to the contrary aforesaid from the date of such clearance until the steamer shall have returned to Lagos and resumed trading with Lagos for head quarters, when the exemptions conferred by this order shall forthwith attach again to the steamer and be of full force and effect in the same way as if she had not cleared for ports outside the territorial waters other than aforesaid.