Harbours (1832) (WA)

WESTERN AUSTRALIA

ANNO SECUNDO

GULTELMI IV. REGIS,

No. 9.

.An Act for the Regulation of Pilotage and Shipping in the Harbours of Western Australia.

HEREAS it is necessary to establish certain regulations for

W control of the Masters and crews of merchant ships resorting to the the Licensing and payment of pilots, and for the guidance and Harbours of this colony ; Be it enacted by His Excellency the Gover.Proper Persons to be apr Governor

nor of Western Australia, and its dependencies, with the advice of the re inted bY	to act as PRO.
Legislative Council that fit and proper persons shall from time to- time be appointed by the said Governor to Act as pilots for the seve- ral Ports and Harbours of this Colony ; and that every License for that purpose shall set forth the age, stature, complexion, and place of abode of every such pilot, and the Port or Ports for which he is there- 1:;), qualified to act.

2 Win. IV., No. 9. 1832.

Masters of Vesselinot ob- IL Provided always, and be it furthenenacted, that it shall not liged to take Pilots. be incumbent or obligatory upon the Master or Commander of any

ship or vessel arriving at or off any of the Ports, or Harbours, of this Colony, or departing thence to Sea, to take on board any such Pilot as aforesaid.

Rates of Pilotage accord-	III.	AND be it further enacted, that the rates or fees of Pilotage	cr
ing, to the table contained	tr,

in Schedule. to be paid by all ships or vessels arriving at or departing from any of

the said Ports or Harbours, shall from time to time be fixed and pub- lished by the Proclamation or order of the said Governor ; and that in the mean time, until the Publication of any such Proclamation or order, such rates of Pilotage shall be charged according to the table numbered 1 in the Schedule hereunto annexed.

Masters of Vessels to re-

AND be it further enacted, that from and after the passing shall arrive in or off any Port or Harbour of this colony or its de- pendencies shall as soon as reasonably possible after such ship or ves- sel shall be therein anchored, report his arrival at the office of the Harbour Master of such port or harbour, and shall deliver to the said Harbour Master, a muster roll of his Ships Company, a descriptive list of his passengers, a sick list (if required) a manifest of his cargo his clearance from the port last left by him ; and all such other papers, or documents, as the said Harbour Master shall reasonably require to

port their arrival, Cargo, IV.

Passengers tze., to the

of this Act the Master or Commander of any ship or vessel which

Barbour Master.

And shall enter into a

inspect, and shall at the same time enter into a bond according to the

Bond for clue observance

form (numbered 2) in the said Schedule with one surety to be ap-

of Port regulations con-

tained in this Act.

proved of by the said Harbour Master, for the due observance of all

and every the enactments herein contained.

No goods to be landed

without Warrant from V. AND be it further enacted, that if any goods shall be landed

Barbour Master under	from any ship or vessel in any of the ports or harbours aforesaid before
pain of forfeiting goods
so landed and a fine not	such report and papers as aforesaid shall have been made an dexhibited,
exceeding £20.	and before such Warrants as aforesaid shall have been granted for the landing thereof, such goods shall be forfeited, and the master or com- mander of such last mentioned vessel shall forfeit any sum not ex- ceeding Twenty Pounds.

Masters wilfully making	VI.	AND be it further enacted, that if the master or commander
false report, or exhibiting

false papers, subject to a	of any ship or vessel arriving in any of the ports or harbours afore-
penalty not exceeding	said, shall wilfully make an untrue report of any of the aforesaid par-
150.	ticulars of his cargo and crew, or shall wilfully exhibit any false papers or documents relating thereto every such Master or • Commander being thereof convicted shall forfeit any sum not exceeding Fifty Pounds.

1832: 7; 2 Wm. IV., 9.

JIM AND be it further enacted, that if any such master or co in- masters permitting pas_

sweirle rasttao p l ae rnmd itshstaragiiiroadmi

w ander as aforesaid shall permit or suffer any passenger to land his goods and effects without a written license or permission for that pur-thijeColonial	see	retary,
pose first obtained from the Colonial Secretary, or from the Govern- exceeding

subtt J	o	penalty	ena	act
n

went Resident at the port of arrival, every such master or commati- der being thereof convicted shall forfeit a sum not exceeding twenty Pounds.

VIII.      AND be it further enacted, that if any person (whose name Masters suffering

shall have been enrolled in the muster book of the Colonial Secretary, auth or ized persons to .- a

and) who shall not have obtained a certificate in the form (numbered	i	iti.a	Velsis et seemed	r
l itt O

ve brrel th di- e

3) in the sa d Schedule shall be suffered to depart from . the said col-

Oily in any ship or vessel, whether such sufferance shall be by the whnesther such suffbe.r3anndcse,

ful act,or by the negligence of the master or commander, officers or crew be wilful	l or negligent.
of such Vessel, or of any of them, such master or commander shall be
deemed to have broken the condition of his aforesaid bond. And if •

the embarkation of any such unauthorized person as aforesaid, for the eirtferotoC,TUgnut person h

apparent purpose of leaving the said colony shall be discovered before on a vessel abou

take rsai tol tao suen bjat t the tlg as -

the departure of the vessel, on board, of which the same shall tte°

place, the master or commander of such vessel shall on summary con- ceeding 15°- y no

en.

viction in manlier hereinafter mentioned, forfeit any sum not exceed-

ing'Fifty Pounds.

•

AND be it further enacted, that if any goods shall be shipped ot strysirve ssels board

IX.

on hoard of any ship or vessel in any of the ports or harbours afore- be shilpcper:Lgh w cc oudt a Isyaarll onsh

trba n t t f r o m te Harbour

said,. for the purpose of being carried out of this colony , -without a y l n as a te r e as ua bet itgo -

warrant for that purpose' first had and obtained from the said har- bour master, the master or commander of such ship. or vessel shall forfeit and pay any sum not exceeding Twenty Pounds.

-X. AND be it further enacted, that if any person. shall throw or No rubbish to be thrown ua yees n Harbour, ssel i

.causelo be thrown out of any ship or vessel ill any of the ports ciroat eofrr al	y	notexeeed-
'harbours aforesaid, any ballast or rubbish of any description into thei nz say. .water below high water mark, such person shall forfeit and pay any

sum not exceeding Ten Pounds, nor less than Ten Shillings. ,

XI. AND be it further enacted, that the corpse of every person ocorpsbesof person dying dying on board of any ship or vessel in any of the ports or harbours Harbour, to be brough	on shore	ea	ttore and buried	,
aforesaid shall be carried on shore, and shall be interred in the lawful

ter or commander who_ shall in wilful violation of the provisions of corpses overboard.	and 'a
customed burial ground of such port or harbour; and any.mas- :this act, throw or permit M be thrown overboard anry. such corpse as aforesaid, shall forfeit and , ay a sum not exceeding rwenty *Pounds, nor lea's than Five Pounds. I

j,2g c 1:131:o„eir such

2 Wm. IV., No. 9. 1832,

Aiding, abetting, employ- XII AND be it further enacted, that if any person shall aid anding or concealingdeserters 1

from any vessel or ship in abet any seaman to desert from any ship or vessel in or off any of the, penalty not exceedingor off Port, subject to a Ports or Harbours aforesaid, or shall employ, harbour, or conceal any,

zso.

such deserter, every such person shall forfeit and pay a sum not ex

ceeding Twenty Pounds nor less than Five Pounds.

out of any Ship in Her- ofNo Servant to be arrested XIII. AND be it further enacted that no Seaman forming part,:

bour, for any debt less Or the Crew of any ship or vessel in any of the ports or harbours'

than £m aforesaid, shall be arrested or taken out of such ship or vessel, not- withstanding the same may be about to sail from this colony by vir-, tue of any process issued out of any Civil Court 'of this Colony, on. account of any debt, unless the person suing out such process shall: first have made affidavit before the Judge or Commissioner of such, Court that the debt so due from such seaman amounts to the sum of,

resident in the ColonyExceptions es to persons Ten Pounds at least. Provided always that the exemption from ar-

hiring themselves to serve rest hereinbefore contained shall not extend to such persons as shall on board any Ship. have engaged themselves, while resident in this colony to serve on

board any such ship or vessel as last aforesaid, so far as respects any debts, although less than Ten Pounds, by them contracted previous. ly to the date of such their engagement.

son, on board vessels in or iMasters, or any other per- XIV. AND be it further enacted that if any Master or Comman

off Port, opposing the der, or any other person or persons whatsoever on board of any shit,

Execution of any legal or vessel being in or off any port, harbour roadstead, or bay of this

Process Civil or Criminal, a 7

ject to a penalty not ex- vessel of any search warrant or other Warrant Summons Writ of Exe- on board such vessel, sub- colony shall oppose or obstruct the execution on board such ship or

, ,

ceediog£50 and in oggra-

"rated causes Indictment cation or other process whatsoever of any Civil or Criminal Court,	at Quarter Sessions, and or of any Justice of the Peace of this Colony, such Master, Comman-to Fine or Imprisonment
or both. der, or other person or persons being thereof convicted summarily

in manner hereinafter mentioned, shall forfeit and pay any sum not

exceeding Fifty Pounds, nor less than Five Pounds : but in casesuch opposition or obstruction shall appear to the Justice or Justices of the Peace, before whom in the first instance information shall be laid to be accompanied by any circumstances of aggravation, it shall be lawful for such Justice or Justices to commit the offender for trial at the then next Session of the court of Quarter Sessions of the Peace, or to take sufficient bail for the appearance of such offender to take

his trial at the said Session, and in case such offender shall be there-

at convicted of an aggravated act of such opposition or obstruction as aforesaid, he shall suffer such punishment by fine or imprisonment, or both as to the said Court shall seem meet ; provided that no such imprisonment exceed the term of six months, and that no such last mentioned fine shall exceed the sum of One Hundred Pounds.

:Masters of vessels abo

so sail from the Colony,y, XV. AND be it further enacted that , at the Master orCommander C

1832.             2 Wino IV., No.' 9.

oftevery shipror vessel about to sail from .th is. Colony, shall.deliver in. to	ainur erEr	del	o	eatuietitF	t	rt?on	Iltee	e	r,
to,ithe Ilarbour,Master of the 'Port of/departure, a 'content or .statg_

rnent in Writing:of all goods, wares or merchandise, ' exported in such sunnaden	roptaciteta	ibggeitl,5%;
ship:or vessel from this colony; with theimarks .of the respective ship- pers and Consignees thereof and shall if required,to.doSO„verifysneh content ..or• statemen t by his. oath ; and 'also -obtain from..the said garb:our-Master:a clearance of such ship.ot vessel Sor :her :outward voyage. And any such Master or Commander who shall' deliver rin a false content or statement, or shall sail or attempt to sail froth any Portrcir Harbour:of this colony Without such.clearauceAallforfeit. ..and payer Aim, not :exceeding' Fifty too nds.

XVI.	.., AND: be, it further. enanted, that, if the. Master. or.:Comman-	- •	•• • • • •	mg to deliver Govern-	Matters of vessels neglect-
ltiecr m eraG ilserteorteh2n e

cler, pf apy:ship or ,vessel..arriving in any . of _the. , ports. :or ,,bat hours meat dispatches, or Pub-

next after snch ship or vessel shall be anchored, to deliver to the cnt within 24 hours after Government helenst:

aforesaid, shalLwilfuIly.-neglect for the space of twenty.ifonr..

pOsfmastergenerat at ,,Fremantle - or-his 'deputy :there, orijo the: , go—ultynoi,	y not. eseec	cnidt.° ylVir
verrimentsResident at any. other: of :the -ports..or , bar hours iatoresaid; arry.Government :Dispatch or, PublicAail i sintended for [this:ter-019.4Y, and placed on board such:ship orvesseli fov therpurpose lof übelng ..de- livered in this Colony, every such master or commander shall forfeit alidlJay4q.y. igtiniot exceeding ,Twenty ;Pounds,

enacted,r.,that-all;bes.3:kndofOrfeltUres Mode of recovering Fines

tinder this Act shall be recovered by summary convictiotion2tho,oath ettenndrinennaltieefseseum	twineaitt	iley.
such fine or forfeiture together Witircosts of conviction shall not be
of one witness before any two Justices of the Peace, and in case any tices of the Peace. tices, it shall be lawful for such Justices to-levy and raise the; same,by distress and sale of the goods and ChattegOf thme,;'dffdilder,;and in, case such goods and chattels shall be found itiSUffieient'fokliat purpose, to commit the offender or offenders to prison,-,thereto he :kept to hard labour for any time not exceeding:sircalendarMrsonths-

XVIII. AND be it further enacted that upon any such summary Right of Appeal in certain

ceed Five Pounds, or the imprisonment adjudged shall exceed one

calendar month, any person who shall think himself or herself aggrie-

ved by such conviction may appeal therefrom to the next Court of

conviction as aforesaid when the sum adjudged to be paid shall ex-cases. conviction, and also upon giving sufficient security to the satisfaction of the convictingJustices for payment of the costs of suchappeal, and for abidinglhe-Jmigrment _of :the- Court:thereupon. And, the said Court of Quarter Sessions shall hear and determine the matter of sucn appeal, and shall make such order therein in affirmance or re-

versal

2 Wm. IV. No. 9.

1832.

, -

versal of the conviction appealed from, with orwithout costs to either party as to the Court shall seem meet ; and for that purpose shall summon all necessary parties and witnesses, mad may enforce their order by distress and sale of the goods and chattels of any person re- fusing or neglecting to pay any sum of money thereby ordered to be paid, or may imprison such person (as also all other persons wilfully disobeying their said order) for any term not exceeding six calendar months.

Bond to be given by blas-

ters of vessels may he put XIX. AND be it further enacted, that it shall be lawful for the

private parties, by direct-in suit for the benefit of said Governor to direct that any such bond as aforesaid shall be put

ion cf the Governor. in suit against the master or commander executing the same Or his''

surety, or against both, for the benefit of any private person win& shall find himself aggrieved by any Act committed by such master or Commander, contrary to the Provisions of this Act.

der this Act to be abar to summary conviction uti - XX. AND be it further enacted, that any summary conviction,

any proceedings on the under this act, followed by payment of the fine or costs thereby impo- bond as aforesaid, against sod , shall be a bar to any proceedings on any such bond as aforesaidthe same person for the

Fame offence. aotinst the same person for the same offence. b

penalties to the use of the Penalties recovered under or by virtue of this Act shall be paid overCrown. Reservation of fines and XXI. AND be it further enacted, that all Fines, Forfeitures, and

to the Colonial Treasurer for the use of His Majesty, His Heirs, and

Successors.

JAMES STIRLING,

GOVERNOR AND COMNANDER-IN-CHIEF.

Passed the Legislative Council

the 11th day of May, 1832. .1

M. J. CURRIE,

Clerk of the Council.

Printed by authority of the Government, by E. Stirling, Perth.

1832.                 2 Wm. IV., No. 9.

SCHEDULE REFERRED TO BY THE ANNEXED ACT.

Form No. I.

RATES OF PILOTAGE,

For Ships or Vessels into or out of Cockburn Sound, Princess Royal

Harbour, or Oyster Harbour.

No. 1.

from 1, 21

under

7 to 11 ss 12 13 14 15 16 17 18 19 20 and

7 feet. feet.

feet. upwards.

£2 £3 £4 £410 £5 £5 10 £6 l £610 £7 £7 10 £8 X 0 10

SHIFTING BERTH THEREIN.

under from 21

7 to 11 11 12 13 14 75 16 17 8 19 20 and

7 feet feet upwards

21 £110 £2 £25 £210 £215 £3 £35 £310 £315 £4 £5 £5

Ships or Vessels 'nto or out of Gage's Roads, Owen's Anchorage, 'King . George's Sound, or the Au chorage in Flinders Bay, Augusta; or for Retrieval from Gage's Roads to Owen's Anchorage, or the contrary.

21

under from 11 12 13 14 15 16 17 18 .19 20 and.

7 feet	7 to 11	upwards
£ e. d.

1 6 8 .re £2 £2134 £3 £3 6 8 £3134 £4 £4 6 8 £413 £5 2,5 6 8£6134 £6 13 4

Removal from Gage's Roads, or Owen's Anchorage, to Coekbu it Sound, or the contrary.

from 21

under to 11 11 12 13 14 15 16 17 18 19 20 and

7 feet feet upwards

£2	£3	£4 £410 £5 £510 £6	£610 £7 £7 10 £8 4'10	£10
I

2 Wm. IV., No. 9. 1832.

SCHEDULE.

Form No. 2.

Bond to be entered into by the Maker or 'Commander of every Ship or Vessel arriving in any of the Ports or Harbours-of this Colony.

Know all Men by these presentithat we A: B. Master or am.

mander of the Ship now lying in in the Colony

of Western Australia, and C. D. of in the

said Colony, - ure held:firmly bound to-B. P. Harbour Master of the aforesaid Port in the suM: of One Hundred Pounds of lawful Money current in this Colony, to be paid to the said B or his certain Attorney, or his successor for the time being, in his said Office of Harbour Master, for which payment well and truly to-be'inade, we jointly and severallybind OUrselves; t742" ExedutOrs and Administrators,firmly-by these pi esents, Sealed with our seals . and dated the

day of

The condition of the above written bond is such that i I Me said A. B.

do well and truly observe and obey all and every Me requisitions and prohibitions (re- lative to the conduct of Masters and Commanders of Merchant Ships in or off any of the Ports or Harbours of the said Colony) contained in a certain Act of Coundl passed on the eleventh day of May, 1832, intituted an Act for the regulation of Pilotage and Shipping; art the Harbours of Western Australia ;" then this bond shall be null and void, but otherwise shall'be in full force and effect.

A: B. C D.

Signed, Sealed and

delivered'by the above named

A. B. and C. D.

in the presence of

Form of Certificate to be obtained from the Colonial secretary, " or Government

Resident; !Clerk bilhe t6iiithYpershiiS-dtgititi to leave

the Colony.

Colony of Western 1 Tdo hereby certijg that A. B. "±atrof

Australia to Wit f • I", haTilpeiiiiikiOn ilo'leave 'thith- tolling, tligetket

--with 'his family (or servants) al perniargin.

Dated this Day of

C D.

(Countersigned)

E. F. Colonial Secretary,

.

Registrar Clerk of the Civil Court.