Penalty for unlawfully loosing moorings, &c. Salvage of boats: Proviso; Disputes, how settled. Penalty on use of steam whistles. (3) Until altered or revoked accordingly, the table of fees set out in the second Schedule hereto shall be and remain in force. (4) Provided always, however, that any person who shall prove to the satisfaction of the Governor in Council, that he has a right by ancient custom 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 for any other purpose, wilfully set adrift, or cut, break, or unfasten the moorings of any ship or boat in the Harbour with intent to set 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. (3 of 1878, s. 43.) 51. If any boat is found adrift, no person being on board and in charge thereof, any person who shall secure and deliver such 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 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 shall be decided by the Police Magistrate, upon the application 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 sounded on any steam ship within the limits of the Harbour of 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 sounded in contravention of this section shall incur a penalty not exceeding ten pounds. (16 of 1897, s. 7.) Health of Seamen. 53. The following regulations shall apply and be carried into Regulations : 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 Restrictions from urgent necessity between the hours of 10 a.m. and as to Sailors 3 p.m.; going on (2) Any white seaman found straggling on shore except between Stragglers on the hours of 5 a.m. till 10 a.m., and 3 p.m. till 9 p.m., shore may be may be apprehended by the Police, and on conviction be apprehended; fined in any amount not exceeding ten shillings; shore; (3) None of the white crew shall be sent or go in a boat unless Boat service; 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 Exposure to in any other position exposed to the sun between the sun; hours of 10 a.m. and 3 p.m. except when coming into or (5) Fresh provisions, meat, and vegetables shall be issued to the Provisions; crew at least every other day; (6) Awnings shall be spread both in rainy and dry weather, Awnings; over the forecastle as well as the quarter deck, of all vessels lying in the Harbour; Health Immediate (7) All orders affecting the sanitary condition of the crew issued Orders of all cases where the Health Officer so directs, the master for that purpose; report of disease; (10) All complaints respecting the condition, or the quantity of Report of provisions served out to the crew shall be reported without complaint; delay by the master to the Health Officer, who will regulate the diet for the sick, giving the master a certificate authorizing any extra expenditure when necessary; Health (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 Officer: condition of each ship to the Governor; Provided that this inspection shall not be compulsory Proviso. Penalty on pliance with Regulations. non-com Health Officer may cause Sick to be removed to Hospital: Penalty on non-com pliance with Order. Rates payable for Hospital Patients: Masters; Mates; Seamen; Kroomen. 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. (12) Any master failing to conform to any of the above regulations or conniving at the non-conformance thereto shall be liable to a fine not exceeding one pound for the first offence, and not exceeding five pounds for each subsequent offence. (3 of 1878, s. 45.) 54. The Health Officer is hereby authorized and empowered to direct and cause the removal of any sick master, mate, seaman, or other person serving on board any ship to the Colonial Hospital, whenever he shall consider his sickness to be either from its nature, 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 requisite assistance for carrying out the same which the Health Officer may require, he shall for every offence be liable to a fine not exceeding five pounds. (3 of 1878, s. 47.) 55. The following shall be the rates of payment for the lodging, board, attendance, and medical and surgical treatment in the 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; By whom 56. All moneys payable under the provisions of section fifty-five medical rates, of this Ordinance shall be paid to the Treasurer, or any person &c. to be paid. 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.) III.-SUPPLEMENTAL. Legal Procedure. 57. No conviction for any offence shall be made in any proceed- Limitation ing under this Ordinance unless the same is commenced within of time for prosecutions. 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 Colony, unless the same is commenced within one month after they are both at one time within the Colony. 1878, s. 50.) (3 of 58. All penalties shall be recovered upon summary trial and Recovery of conviction, for which purpose the Police Magistrate shall have penalties. jurisdiction in all prosecutions under this Ordinance, and upon non-payment the penalty shall be enforced under the provisions of the Criminal Procedure Ordinance, or any enactment amending or extending the same. The term for which any person may be imprisoned in default of Limitation of payment of any penalty under this Ordinance shall not, except imprisonment. where otherwise herein expressed, exceed twenty-one days. The Court imposing any penalty may, if it thinks fit, direct the Application whole or any part thereof to be applied in compensating any person of penalties. 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 general Revenue of the Colony. (3 of 1878, s. 51.) Supplemental Rules. 59. The Governor in Council may make Rules consistent with Power of this Ordinance and subject to the provisions thereof for further or making rules. 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; Such Rules shall come into operation upon the publication thereof in the Government Gazette, or at such time thereafter as shall be therein 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 His Majesty. (3 of 1878, s. 52.) Unless and until otherwise ordered according to the provisions. hereof the Orders and Rules set forth in the Second Schedule hereto shall be and remain in force. Public Ships. 60. This Ordinance shall not extend to any ship belonging to Exemption. His Majesty or to any Foreign Government. (3 of 1878, s. 53.) , This is to certify that in pursuance of the Lagos Pilotage and Harbour Ordinance, 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. Here follow the Signatures of the members of the Board granting the certificate. B. Pilot's License. Pilot from the On the Certificate of the Pilotage Board of Lagos, and my approval thereof, these are to license to act as a Lagos day of 19 , to the thirty-first subject to the Lagos Pilotage and Har bour Ordinance. Know all men by these presents that we are held and firmly bound unto our Sovereign Lord Edward, by the Grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, in the sum of pounds of good and lawful money of the Colony of Southern Nigeria to be paid to our said Lord the King, His Heirs and Successors, to which payment well and truly to be made we bind ourselves and each and every of us jointly and severally |