Boats and boatmen licensing (1856) (WA)

WESTERN AUSTRALI A.

ANNO DECIMO NONO VICTORIIE REGINIE.

No. XV.

An Ordinance to consolidate and amend the Laws respecting the licensing of Boats and Boatmen.

WHEREAS it is expedient to amend the laws respecting the li- censing of Boats and Boatmen, and to consolidate into one Preamble.

Ordinance all the existing provisions for the better security of life

19th Viet. No. 15. 1856.

and property ; and whereas the recent loss of lives by drowning has proved the serious danger incurred by the licensing of unquali- fied and incompetent persons to ply for hire and convey passengers in boats ;—Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof:

I. THAT from and after the time at which this Ordinance shall come into operation, the several Ordinances next hereinafter men- tioned, that is to say, the 7th Victoria, No. 2, and the 16th Victoria, No. 20, shall be respectively repealed.

license is always II. THAT from and after the commencement of this Ordinance,

necessary. any person (not being a lessee of any public ferry, duly established

by proclamation, carrying across goods or passengers at such ferry,) who shall convey by boat any goods or passengers for hire, in any part of this colony, without having first obtained a license under

ing without license. tenses as are hereinafter specified and required, shall, upon convic- Penalty R10 for ply- one of the Ordinances hereinbefore mentioned, or such license or R-

tion for every such offence, forfeit and pay a sum not exceeding ten pounds ; and the burden of proof of the existence of such License or Licenses for the current year shall lie on the person charged with any such offence.

Harbour Master and 2 III. THAT at Fremantle the Harbour Master and the Super- Chief of WaterPolice mtendent of Water Police, together with such other person or per-

issue certificates for sons as the Governor may from time to time appoint, and at all licenses. other ports in this Colony the Resident or Police Magistrate near-

est to such ports, together with such other person or persons as the Governor may from time to time appoint, shall form a Licensing Board, the majority of whom assembled at any meeting shall, in pursuance and for the purposes of this Ordinance, have power to grant Licenses to Boats and Boatmen, in or to the effect of the

They may refuse. forms numbered respectively 1 and 2 in the schedule hereunto annex- ed, having first duly inspected such boat or boats, as to the particu- lars to be mentioned in such License, and having also first duly ex- amined such man or men both as to moral character and nautical skill and general ability to manage a boat ; and every such Board shall have power, at discretion, to refuse a license to any.boat, if, in their judgment, it shall or may appear unsafe or unsound in any material particular ; if its gear, or tackle, or furniture appear to them to be anywise unsound or incomplete ; or to refuse a license to

1856.             19th Viet. No. 15.

any boatman, whether by reason of his general moral character; or his manifest incompetency or inexperience ; such refusal to be final and without appeal, and the license or licenses so granted to any boatowner shalfbe in force until the thirty-first day of December next following the date thereof; and every boatowner shall pay a fee for such license , according to the graduated scale numbered $ in'the said schedule, for every year Or portion of year for which such license shall be granted ; and no such license shall be transfera- ble, nor-shall be used or pleaded by, or anywise serviceable to,- any other person than the boatowner named therein, nor shall be cogni- sable by any Court or Bench, except as regards the original holder named therein.

veyance of passengers shall have his Christian name and 'Surname in Name in full Meld() IV.' THAT every, person so licensed to keep a boat for the con- full, and place of abode, legibly painted in letters not less than one gsLnew

tside of stern

inch in length on the inner side of the gunwale of the stern-sheets of the boat which he shall be licensed to ply for hire, and his num- ber painted in figures of a like size upon the inside of the gunwale of. the foresheets thereof, also the amount of weight or measurement and number of passengers he is licensed to carry ;- and if any, yerson so licensed shall be found plying for or conveying goods or passen- gers for hire without such name, number, place of abode, and amount of weight so painted as aforesaid, he shall, for every convic-

tion thereof; forfeit and pay any sum not exceeding forty shillings ; Cargo boats outside.

all licensed cargo boats and flats shall have the name in full of the owner painted on the outside of the stern, as aforesaid, subject to the , like penalties, if it- be not so painted.

THAT the Christian name and Surname in full of every -BoataWner so licensed, together with the' name and the number of the boat, the amount of freight and passengers he is licensed to carry, shall be duly published in the Government Gazette ; and it shall be incumbent upon the Chairman of every such Licensing Board to transmit to the Colonial Secretary's offide a statement of the particulars of every such license so granted within ten days next following the date thereof.

V.

VI.    .THAT if any licensed boatowner, or any person for the penalty f r abuse or

time being in charge of aIicensed boat, or any of the crew of such for ay?

boat carrying goods or passengers for hire, be found guilty, on com-

plaint before any justice, of over-loading such boat, or drunkenness,

19th Viet. No. 15. 1856.

abuse, or violence during the passage, or of wanton and vexatious delay in or before the commencing such passage, or during the pas- sage, it shall be lawful for such justice to inflict a fine not exceeding five pounds ; and on a second or further conviction, it shall be law- ful for the convicting justice, at his discretion; both to fine as afore- said, and to declare the license of such boatowner or of such boat- man, as the case may be, void ; and any boatowner or boatman,

License may be for- whose license shall be so declared void, who shall continue to ply for

conviction, without a license, and be subject to the penalty hereinbefore men- felted on a second hire after such sentence, shall be deemed and taken to be plying

tioned in Section II.

Remedies of owners VII. THAT it shall be lawful for any justice, on complaint made or passengers against to him of disorderly, drunken, or disobedient conduct in any of thecrew if abusive, &c. crew of any licensed boat, to fine the offender, on conviction, a sum

not exceeding forty shillings, or to sentence him to imprisonment, with or without hard labour, as such justice may think fit, for any period not exceeding two months.

Collector of RevenueVIII. THAT it shall be lawful for any person employed under

may search. the Collector of Customs, or in the Land or Water Police, to board

and search every boat, and demand inspection of the license thereof, and boat-note ; and any person refusing to produce such license or boat-note for inspection, or to give reasonable aid in furtherance of such search, shall, on conviction, forfeit and pay any sum not ex- ceeding five pounds : Provided, always, that nothing herein contain- ed shall be deemed or construed to prevent any commander or owner of any ship or vessel from landing the whole or any part of his cargo, at any port in the said Colony, in the boats of the said ship or vessel, without having obtained a license for such boats; pro- vided the name of such ship or vessel be legibly painted on such boats.

THAT the term boat in this Ordinance shall be construed to apply to any description of boat, flat, barge, or vessel not having a certificate of registry under any Act requiring registration. of British vessels.

IX.

Licensing Boathmay X. THAT it shall be lawful for any two of any Licensing

inspect gear and rig- Board as aforesaid to inspect anylicensed boat, and the gear, masts, ging. sails, rigging, and all furniture whatsoever thereof, as often as they

please ; and if satisfied that the said boat, gear and equipments, or

1856.              19th Viet. No. 15.

any part thereof, are not in good and serviceable repair, to declare the license of such boat suspended until such boat, gear or equip- ments be fully repaired to the satisfaction of such Licensing Board: and any boatowner found plying for hire, whether to convey goods -or passengers, pending the suspension of such license, shall be -deem- ed and taken to be plying without a license, and be subject to the penalty hereinbefore mentioned in Section IL

passenger on board any licensed boat shall be convicted before him be fined For abusea Xl. THAT it shall be lawful for any justice, if any person or Any passenger may

of drunkenness therein; or of- abusive or violent conduct therein, or of continuing to smoke therein after having been requested by any passenger to desist therefrom, or of using therein any threats, or oaths, or obscene language, to fine such person or passenger a sum not exceeding three pounds, or to sentence him to imprisonment, with or without hard labour, for a period not exceeding one month, and in case of a second or further conviction, to fine such offender any sum not exceeding five pounds, or to sentence him to imprison- ment, with or without hard labour, for a period not exceeding two months.

THAT if any wearing apparel, luggage, or otner personal property be left by any passenger in any licensed boat without	All wearing apparel
and luggage lett by
any passenger

XII.

special instructions concerning the same, such articles shall, with all licensed boat, t,

convenient speed, be conveyed by the owner or person in charge	to be conveyed to
owner or to near-
of such boat to the owner of such property, if known, or to the	est Police Office.
nearest Police Office, and shall be delivered to the officer or person in charge thereof for the time being, who shall thereupon enter into a book, to be kept for that purpose, the number and description of the articles so delivered, and the name of the person who delivered the same, and also the date of such delivery ; and all such articles shall thereupon remain in the custody of the police, until they shall be claimed by persons entitled to receive the same respectively ; and every owner or person in charge of-any licensed boat, who shall not comply with the requisitions of this section, shall, upon convic- tion of every such offence, forfeit and pay any sum not exceeding ten pounds : Provided always, that any boatowner or boatman making any such delivery as aforesaid, shall be entitled to demand and recover from the owner of the property so delivered reasonable compensation for his trouble and loss of time therein.

XIII.      THAT any person for the time being in charge of any

licensed boat, or any of the crew of such boat carrying goods or pas-

19th Viet. No. 15. 1856.

If any person in sengers for hire, who by any wilful breach of duty or by neglect of

charge of any ii-

saased boat, by	duty, or by reason of drunkenness, does any act tending to the im-
MI breach or neg-
lect of duty, does	mediate loss, destruction, or serious damage of such licensed boat,
any act tending to	or tending immediately to endanger the life or limb of any person
the immediate loss,	belonging to or on board of such boat, or who by wilful breach of
&c., shall be guilty
of a misdemeanour,	duty or by neglect of duty or by reason of drunkenness, refuses or
and be punishable	omits to do any lawful act proper and requisite to be done by him
with fine or impri-
sonment, Boo., or	for preserving such boat from immediate loss, destruction or seri-
both.	ous damage, or for preserving any person belonging to or on board such boat from immediate danger to life or limb, shall, for each
such offence, be deemed guilty of a misdemeanour, and shall upon
conviction thereof be punishable with fine or imprisonment, with or without hard labour, or both, as the court before which the of- fender shall be tried may think fit ; and such court may, if it think fit, order payment of the costs and expenses of the prosecution.

No person to light, XIV. THAT no person shall, under any pretext whatever, light,

&c., a fire upon an place, etty, &e, being p ub . ace, or keep a fire upon, or so near as to endanger any jetty, pier, ,/

he property. wharf, bridge or other work of the like nature, being public pro-

perty, constructed wholly or in part of wood ; and every person so offending shall, upon conviction of every such offence, forfeit and

pay any sum not exceeding ten pounds.

Any person wilfully	XV.	THAT any person who shall wilfully injure or destroy
injuring or destroy-

ing any jetty, &c.,	any jetty, pier, wharf, buoy, beacon, or river or sea-mark, fender or
or making fast to	other piling, being public property, or who shall make fast any
any vessel, &c., to
any buoy, &c., sub-	vessel, boat, raft, timber, or other article, to any such buoy, (not
jected to a penalty	being a warping buoy) beacon, river or sea-mark, fender or other
of £20; and upon
conviction for the	piling, shall, upon conviction of every such offence, forfeit and pay
second time, to be	any sum not exceeding twenty pounds ; and upon a second or
guilty of felony.	further conviction of the offence of wilfully injuring or destroy- ing any such jetty, pier, wharf, buoy, beacon, or river or sea-mark, fender or other piling, shall be deemed guilty of felony, and being convicted thereof, shall be liable to penal servitude for any term not exceeding four years.

The Governor in	XVI.	THAT the Governor in Executive Council may frame
Executive Council

may frame regula-	and from time to time alter and amend general or special Regula-
tions for the man-
agement of bridges,	tions for the management and use of all public bridges, jetties,
jetties, &e.	piers, wharfs, landing places and buoys, and particularly provid- ing for the manner and time of mooring and fastening and loading and unloading boats and vessels, at any jetty, pier, or wharf, or
landing place; and all such Regulations as aforesaid shall bo

1856.                 19th Viet. No. 15.

promulgated by proclamation in the Government Gazette, and from and after such proclamation as aforesaid, and until the pro- mulgation in like manner of any new, altered, or amended regula- tions as aforesaid, shall have the effect of law, and have the same Persons violating

force as if they had been originally embodied in this Ordinance ; regulations subject

and every person who shall act in opposition to, in violation of, or to a penalty of £20.

at variance with, the said Regulations, or any part thereof respec- tively, shall, upon conviction of such offence, forfeit and pay any sum not exceeding Twenty pounds.

XVII.      THAT every person desirous of plying as a boatman, to

convey or assist to convey goods or passengers for hire, whether in Boatman's license.

his own or any other licensed boat as aforesaid, shall apply to any

such Licensing Board as aforesaid, and be by them licensed, after

having satisfied them of his competency and good character, and

not otherwise, without any fee or payment whatsoever ; and any

person found serving as one of the crew of a boat engaed in con-rr

veying goods or passengers for hire on any navigable waters within

this colony, without such license, shall, on conviction before any

justice, forfeit and pay a sum not exceeding forty shillings, and for

every second or following offence, may, if the convicting justice

think fit, be imprisoned, with or without hard labour, for any term.

not exceeding one month.

XVIII. THAT the names in full of all licensed boatmen shall Book of Boatmen.

be registered in a book to be kept for that purpose by the several Licensing Boards respectively ; such licenses to remain in force until suspended or forfeited ; and every' such boatman shall, on de- mand, produce his license, under a penalty not exceeding twenty shillings.

XIX.     THAT any boatman who may lose his license may, on

application to the Licensing Board which had granted him such license, receive a renewal of the same on the payment of a fee of two shillings and sixpence.

THAT if any licensed boat shall, on any occasion, carry The license of any

any greater quantity of goods or number of passengers than that liffenseadaboat erarty; XX.

mentioned in the license for such boat, or shall so carry any quan- quantityY of goods

tity of goods and number of passengers, which, taken together, and or number of pas-	estimated according to the scale hereinafter mentioned in that be- me senonetahann the
half, would exceed the tonnage which such boat was licensed to license, or carrying :asisriernant
carry, or shall, on any occasion, carry passengers with less than

19th Viet. No. 15. 1856,

tonnage, or else-one-eighth of her one-eighth part of her tonnage when at sea, or with less than one. wherewith less than twelfth part of her tonnage when not at sea, in ballast or other

tonnage in ballastone-twelfth of her dead weight, the licensed owner of such boat shall, upon conic.

Sze., subject to tion of such offence, forfeit and pay a sum not exceeding fivea

penalty. pounds : Provided that no child under the age of ten years shall In estimating a mix_ be considered to be a passenger under this section: and for the par. ed cargo, one passen- poses of this section only in estimating a mixed cargo of goods and ger equal to one- passengers, one passenger shall be considered as equivalent to one-eighth part of a ton

of goods. eighth part of a ton of goods, either dead weight or measurement.

XXI.     THAT all informations and proceedings in respect of

offences against this Ordinance, to which pecuniary penalties are hereby attached, may be summarily heard and determined before any one or more justice or justices of the peace.

XXII.     THAT sections A, B, F and I, in the Schedule of the

" Shortening Ordinance, 1853," shall be incorporated with and taken to form part of this Ordinance, to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Ordinance.

XXIII.    -THAT all fees received under the authority of this Ordi-

nance, shall be paid over to the Colonial Treasurer, to the use of Her Majesty, her heirs and successors, for the public uses of this Colony and in support of the Government thereof.

XXIV.     THAT this Ordinance shall commence and take effect

on and after the first day of January, in the year of our Lord one

thousand eight hundred and' fifty-seven.

A. E. KENNEDY,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

this 16th day of June, 1856.

HENRY WAREFORD,

Clerk of the Council.

1856.                19th Viet. No. 15.

SCHEDULE

No. 1.

Form of Boatowner's License.

We certify that of . is licensed,

under the ,19th Victoria, No. to ply for hire, by cariiage of the undermentioned quantity of goods and number of passengers,the boat hereunder described, from the date hereof till the lst day of January next ensuing, for which license he has pal& the sum of

DESCRIPTION OP BOAT NCENSED.

No. Name of Boah Description of Extreme length and Number of Passen- Tonnage.

Boat. breadth. gers inclusive of erew.

Given under our hands this day of 18

A. B.

C. D.: Members of Licensing Board.

No. 2.

Form of Boatman's License.

We certify that of is licensed,

under the 19th Victoria, No. -to 'Ply for hire, as a boatman, in and

upon any navigable water in the Colony.

A. B.,

C. D., Members of Licensing Board.

19th Viet. No. 1t5. 1856,

No. 3.

Scale of Graduated Charge for License.

X s. Ek.

For every Boat under two tons . 10 0

Two tons and under five .. 1 0 0

Five tons and under fifteen • . . • .• 1 10 0

Fifteen tons and upwards .. .. • 2 0 0

For every fiat or punt .. .. 10 0

PERTH, WESTERN AUSTRALIA : PRINTED BY AUTHORITY OP TED GOVERNMENT, BY stmuso,

SIIOLL & COMPANY,