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license legibly painted in white on both sides above the load-line mark thereof in letters not less than four inches in height.
(2) On each side of the boat a broad white line three inches Load line. wide and two feet long painted in white, the lower part of the lowest part of which shall be the load-line mark.
11. It shall be an offence under this Ordinance if—
(1) Any person plies for hire with or carries passengers, goods, or merchandise in any boat which has not been duly licensed in accordance with the provisions of this Ordi
(2) Any person loads any licensed boat so that any part of the load-line is submerged, or navigates the same when so loaded. (3 of 1904, s. 2.)
And any person who shall commit a breach of either of the foregoing sub-sections shall be liable, on summary conviction, to pay a fine not exceeding five pounds, or in default thereof to two months' imprisonment with or without hard labour. The boat in respect of which any conviction is obtained shall be liable to confiscation by order of the convicting Magistrate or District Commissioner. Upon committing a second breach any such person shall be liable to imprisonment with or without hard labour for a term not exceeding six months.
14. The Governor in Council may from time to time
(1) Make, and when made revoke, alter, or annul rules for
(3) Declare that the provisions of the Ordinance or any of
12. Any owner of a licensed boat who fails to keep his name, number of license, and place of issue thereof, or the load-line mark legibly painted in white on his boat, shall be liable upon summary conviction to a fine not exceeding two pounds, or in default thereof to a term of imprisonment, with or without hard labour, not exceeding one month.
13. The burden of proving that any boat is duly licensed shall Burden of be on the owner thereof, and in default of such proof the said proof. boat shall be deemed and taken to be unlicensed. (3 of 1866, s. 4.)
15. All rules shall be published in the Gazette, and shall come into force from the date of such publication, and shall have the same effect as if they formed part of this Ordinance.
Unless and until varied or revoked in the manner above prescribed the rules contained in the Schedule hereto shall be and remain in force.
16. All offences against this Ordinance shall be summarily heard and determined by, and all penalties shall be recoverable before the Police Magistrate or the Commissioner of the District in which the offence shall have been committed, any provision to the contrary in the Supreme Court Ordinance notwithstanding.
17. This Ordinance shall not apply to any boat belonging to certain boats. any registered vessel, or to the subjects of any foreign power who are not resident in the Colony, and are not plying for hire or carrying passengers within British waters, nor to any boat kept solely for private use or bonâ fide for the purpose of fishing. (3 of 1866, s. 6.)
18. This Ordinance may be cited for all purposes as "The Licensing of Boats Ordinance," and shall apply to the Colony and Protectorate.
RULES (17TH AUGUST, 1900).
1. The position of the load-line mark is to be ascertained as follows:
For every foot of depth of the canoe amidships four inches out of each foot shall be allowed for freeboard.
2. The certificate of seaworthiness, mentioned in Section 5, shall be in the following form, or as near thereto as possible :
(District and date.)
This is to certify that I have examined
Harbour Master, or District Commissioner.
3. The license, mentioned in Section 7, shall be in the following form, or as near thereto as possible:
License is hereby granted to
District to ply with , for the purpose of carrying passengers, goods or merchandise in the Harbour of Lagos or in the inland waters of the Colony (or Protectorate) until the tenth day of January, 19 subject to the Licensing of Boats Ordinance.
Fee paid, 07. 10s.
(Signed) Licensing Officer. NOTE. This license expires on the 9th day of January, 19
HARBOUR AND PILOTAGE (LAGOS).
1. This Ordinance may be cited as "The Lagos Pilotage and Short title. Harbour Ordinance."
2. In this Ordinance
"Pilot" means any person authorised under this Ordinance to act as a Pilot;
"Harbour" means the Harbour of Lagos, and includes the fore
"Harbour Master" includes every Officer appointed by the
"Boat" includes Canoe and every description of undecked or not fully decked Vessel used in navigation;
"Master" includes every person having or taking charge or
command of a Ship;
"Health Officer" includes every Officer appointed by the Governor by the designation of Health Officer of Lagos, or lawfully acting as such;
"The Rules" mean such Rules as shall be made in accordance with the provisions of this Ordinance.
3. The Governor in Council may from time to time define and Extent of the declare or vary the extent and boundaries of the Harbour of Harbour of Lagos: the extent and boundaries set forth in the Second Schedule Lagos. hereto shall continue until otherwise so declared or varied.
Pilotage Board, how constituted.
Case of personal interest.
Power of summoning witnesses, &c.
False evidence perjury.
Experts to assist Board.
4. The Governor shall establish a Board to be called the Pilotage Board of Lagos, which shall consist of the Harbour Master of Lagos who shall be Chairman er officio, and such other persons not more than four in number as the Governor shall from time to time appoint: the Governor may remove any person so appointed and fill vacancies occurring in the Board: In the absence of the Harbour Master, or for other necessary or reasonable cause, the Governor may by writing under his hand, appoint any member of the Board to preside at any meeting thereof. (3 of 1878, s. 5, part.)
5. No member of the Board shall have any vote in any matter in which he is personally concerned or in which his conduct may be in any way questioned, and in any such matter or enquiry he may be required by the other members of the Board to be present or absent as may be deemed most desirable.
The Chairman and any two members of the Board shall be a quorum with full power to do all which the Board is empowered to do the Chairman shall call a meeting of the Board whenever necessary the Chairman at any meeting, if upon any question there shall be an equality of votes for and against the question, shall have a second or casting vote. (3 of 1878, s. 5, part.)
6. The Board shall have the powers of a District Commissioner under the Supreme Court Ordinance, of summoning and examining witnesses on oath or affirmation, and calling for documents in any matter before them under this Ordinance, and of adjourning any hearing or enquiry from time to time: Provided that nothing in this section shall authorise the Board to commit any person to prison or to enforce any order by attachment or otherwise, but a Judge of the Supreme Court upon the application of the Chairman of the Board, and after hearing the party charged with disobedience to any lawful order of the Board or other misconduct, may in respect of such disobedience or misconduct, make any order of attachment or commitment he may consider necessary.
7. Any witness who shall wilfully give false evidence in any enquiry before the Board concerning the subject matter of such enquiry shall be guilty of perjury, and be liable to be prosecuted and punished accordingly.
8. The Board shall have power, subject to the Rules, to call in one or more nautical persons to act as Assessor or Assessors to assist the Board in dealing with any matter which may require the
advice of nautical persons, or the advice of pilots or other persons specially acquainted with the Port of Lagos. Such Assessors may be required by the Board to give their opinion on any question involving seamanship or pilotage, but the Board shall exercise its own judgment as to the effect to be given to such opinion in its decision.
9. The Governor may direct whether any enquiry before the Board shall or shall not be held in public: in the absence of a direction to the contrary every enquiry shall be held in public, but the Board shall be entitled to exclude any particular person or persons for the preservation of order or for the due conduct of the enquiry.
to be held: keeping order.
10. The Board is hereby empowered at its discretion, and Enquiry by required whenever so directed by the Governor, to make formal Board in enquiry in every case in which within the Harbour or waters of certain cases: Lagos any ship under pilotage charge touches the ground, or runs foul of any other ship, or of any buoy or beacon, and also to make formal enquiries respecting the conduct of Pilots as such;
Whenever an enquiry is made under this section it shall be the Powers as to duty of the Board to pronounce upon the conduct of the Pilot in Pilots. the matter forming the subject of the enquiry, and if the Board thinks that the conduct of such Pilot requires such punishment they shall suspend his License for such time as they shall think fit and report the case to the Governor.
Provided that the Governor may, if he think fit, suspend the License of a pilot pending a reference to the Board for enquiry as aforesaid. (Amended.)
11. The Governor may affirm, vary, or reverse the decision of Governor may the Board suspending the License of any Pilot or, if he considers affirm or vary that the negligence or misconduct of the Pilot so requires, he may Board, or revoke such License.
may revoke License.
Licensing of Pilots.
12. Every person desirous of being appointed a Lagos Pilot Application shall make application in writing to the Board to be examined, for examinastating his name, age, birth place, present residence, previous occupation, and the ground on which he claims to be qualified for an examination.
13. Upon such application the Board shall have authority Procedure of (subject to the Rules), after a careful personal investigation of the Board thereapplicant at a sitting of the Board, to grant a Certificate that such upon. applicant is in their belief a person of good character and of sober habits, and possessed of such nautical skill and such complete local knowledge as qualify him to take pilotage charge of ships of the largest size and greatest draught of water that enter or leave the