Harbours (1841) (WA)
WESTERN AUSTRALIA.
ANNO QUARTO & QUINTO
VICTORIA] REGINA:,
No. 15.
An Act for the regulation of Pilotage and Shipping in the Harbours of Western Australia.
HEREAS in the Second year of the Reign of Her presentprenwe.
| Act to amend an Act for the Regulation of Pilotage and Shipping2nd Vie, No. 7, expired. | WMajesty Queen Victoria, an Act was passed entitled " An | ||
| in the Harbours of Western Australia ;" which said Act has been, by | |||
| an Act passed in the present Session, revived and continued for a | |||
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| 4 & 5 Vic., No 15. | 1841. |
| quint!. | &Iota by them when re- the Governor to grant Licenses to persons duly qualified to act as |
Pilots for any of the ports, harbours or anchorages of this colony, under such regulations as the Governor in Executive Council shall from time to time appoint ; which License every such Pilot shall produce, when so required by any master or commander of any ship of which he may apply to take charge.
flatters op ships to pay II. AND be it enacted, that the master or commander of every
the se veral dues in tegu-
| Wens, | ship or vessel (not bona. fide engaged in the coasting' trade of the colony) entering any port, harbour or anchorage in this colony, wherein any licensed Pilot shall be appointed, or quitting his station for the purpose of shifting berth, or proceeding to sea from such port, harbour or anchorage, shall pay the several dues respectively ap- pointed by the Governor in the regulations of the respective port, |
| Provisio—Eastersmoking harbour or anchorage. | Provided always, that if such master or |
agnal for pilot, not "e commander shall have made the signal for a Pilot at the proper time,to pay pilot dues, if no pilot offers. and that no Pilot shall offer himself to take charge of the ship or ves-
sel, that then such master or commander shall not be deemed to be
liable to pay the pilotage fees in such case respectively appointed.
Outward-bound vessels to III. AND be it enacted, that no Pilot shall be bound to conduct
pay in advance. any ship or vessel to sea until the full amount of the outward pilotage
fees of such ship or vessel shall have been first paid, or secured to be
paid, to the satisfaction of such Pilot.
| tPoilrec | ot otaisti | tteA otn | xt abate IV. AND be it enacted, that any Pilot in charge of any ship ot |
eive
| ns the Governor may p p- vessel, who shall be detained on board such ship or vessel for a periof | in I he regulations of the | ||
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liCti brni a fide engaged in the coasting trade of the colony) shall aril V(
| or | raesge foin | r °cera |
| vessel; to superintend wit hin | of the ports, harbours or anchorages in this colony, the |
| frbildng berth, tee. |
Harbour Master or such port, harbour or anchorage shall, with alHarbour due diligence, repair on board such ship or vessel, and shall appoin the place where such ship or vessel shall moor or cast anchor ; and at often as the master or commander of any ship or vessel shall be desirous of removing the same from one place of moorage or anchor. age to another, he shall notify his desire to the Harbour Master who shall with all convenient speed go on board of such ship or yes• set ; and, unless he shall see good and sufficient cause to the contrary shall direct the removal thereof; and who, for every such service, shall be entitled to demand and receive the several fees respectivelY appointed in the regulations aforesaid.
| 1841: | 4 ZL 5 Vie. No. 15. |
AND be it enacted, that the master or commander of every Masters to 'report partieu-
| ship or vessel arriving in any port., harbour or anchorage in this ;terse of atrhgeo , reenwd, ra | VI. |
| t p | s teerisl |
colony, shall, as soon as reasonably possible, report his arrival at the and to enter into bond for
office of the Collector or Sub-Collector of Revenue thereof, and observanceof reg ulations.
deliver to such officer a muster-roll of the ship's cumpany, a list of his passengers, a list of all sick persons, if any, on board, a manifest of his cargo, his clearance from the port last left, and all other such papers and documents as the said officer shall reasonably desire to inspect ; and shall at the same time enter into a bond according to the form in the annexed schedule, with one surety to be approved by the said officer, for the, due observance of the enactments in this Act contained, and the regulations aforesaid.
praetors to deliver nip
AND be it enacted, that the Master or Commander of every ship or vessel arriving in any of the ports, harbours or anchorages ofs- cribe, and! lawnoducoe s
VII.
| this colony, shall deliver up, as soon as reasonably possible after his | ljeao | rirtticonirr | ierniseerd eby 5 | udr5 |
arrival, to the Boarding Officer, or other person duly authorised, all of from £10 to £5g.
public despatches, letters and parcels addressed to the Governor, or any Public Officer of the Government: as well as all Post Office Mails and Letters ; whether the same be in parcels, or loose ; upon such boarding officer, or other authorised person, signing a receipt for the same ; and such master or commander shall repair to the Post Office, as soon as reasonably possible after his arrival, and shall there subscribe the declaration required by a certain Act of Parliament, passed in the Fifty-fifth year of the reign of His late Majesty King George the Third, entitled, " An Act for granting certain Rates on the Postage of Letters to and from Great Britain, the Cape of Good Hope, the Mauritius, and the East Indies, and.for making certain re- gulations respecting the postage of ship letters and of letters in Great Britain," of his having delivered all such despatches, letters, parcels, and post office mails, as aforesaid, intrusted to his charge ; which declaration shall be produced by the said Master or Comman- der to the Collector or Sub-Collector of Revenue, or other person duly authorised, on making his report to him ; and any master neg- lecting or failing to comply with the provisions hereby enacted, shall forfeit and pay a sum not less than Ten pounds nor exceeding Fifty pounds.
VIII. AND be it enacted, that any Master or Commander who p enalty for Master rnalr-
| shall wilfully make an untrue report of any of the aforesaid parti- ingo to | false report, £10 |
| culars, touching his crew, passengers, cargo, or papers, or wilfully exhibit any false papers or documents relating thereto, shall forfeit and pay a sum not less than Ten pounds nor exceeding Fifty pounds. |
| IX. | AND be it enacted, that any Licensed Pilot who shall, Penalty for Pilot neglect. | ing bis duty, £5 to 125. |
| 4 & 5 Vic., No. 15. | 1841. |
without good and sufficient cause, refuse, neglect, or 'delay to take charge of any ship or vessel when so required; or who shall quit any ship or vessel, or decline the piloting thereof, after he has been en- gaged, before the service for which he was hired shall have been performed; or shall by drunkenness, or otherwise, render himself incapable of conducting any ship or vessel ; or shall do any wilful in- jury to the same, or to the rigging or furniture thereof; shall forfeit
and pay a sum not less than Five pounds nor exceeding Twenty-five
pounds.
| feringunauthorised per- taMed the certificate in the annexed Schedule, shall be suffered to | Penalty for Masters suf- X. AND be it enacted, that if any person who shall not have oh- | ||
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| suekpersons for such por_ ance shall be by the wilful act or by the negligence of the master or | |||
| pose, £10 to £50. commander, such master or commander shall be deemed to have, |
broken the condition of his bond aforesaid; and if the embarkation of;
any such person for the apparent purpose of leaving this colony, shall.
be proved before the departure of such ship or vessel, the master or
commander thereof shall forfeit and pay a sum not less than Tem
pounds nor exceeding Fifty pounds.
| Penalty for throwing | rub- |
bish overboard, or re mov- XI. AND be it enacted, that any person who shall throw or.
| .eso.hour or anchorage of this colony, any ballast or other rubbish into | in g stone, 8:e., 10s. to cause to be thrown out of any ship, vessel or boat, in any port, her- |
the water, or below high-water mark ; or who shall remove or take away from any part of any such port, harbour or anchorage, any sand; stone or ballast, without having first obtained the consent of the Harbour Master thereof, shall forfeit and pay a sum not less than Ten shillings nor exceeding Fifty pounds.
| Penalty for throwing XII. AND be it enacted, that the Corpse of any person dying on | Corpses overboard, ss to |
board any ship or vessel in any port, harbour or anchorage of this Colony, shall be carried on shore and interred in a lawful and ac-
customed burial ground ; and if any Corpse shall be thrown over-
board 'within the precincts of any of the ports, harbours or anchor.; ao:es of this colony, the Master or Commander of the ship or vessel from which such corpse shall have been removed, shall forfeit and
pay a sum not less than Five pounds, nor exceeding Twenty-five
pounds
Penaltyfor injuringbnoys, XIII. AND be it enacted, that any person who shall wilfully
beacons, 6:e., .£10 to £50. remove, injure or destroy any Buoy, Beacon or Sea-mark used for
the convenience of Navigation or security of shipping, shall - forfeit and
pay a sum not less than Ten pounds nor exceeding Fifty pounds.
1841. 4 & 5 Vie. No. 15.
| XIV. | AND be it enacted, that any person who shall, -without | Penalty for mooring to |
| permission from the Harbour Master, make fast any ship, vessel, | buoys, r2 to £10. |
| boat, raft, timber, or any other article, to any such Buoy, Beacon, | |
| or Sea-mark as aforesaid, shall forfeit and pay a sum not less than Forty shillings nor exceeding Ten pounds. |
| AND be it enacted, that any person, who shall oppose or obstruct the execution on board any ship or vessel in or off any of | Penalty for opposing |
| if aggravated, fine underOfficer, £10 to lb(); or, | |
| the ports, harbours or anchorages of this Colony, of any warrant or | £100, or imprisonment |
| other legal process, shall forfeit and pay a sum not less than Ten | under sir. months. |
| pounds, nor exceeding Fifty pounds. But in case such opposition or obstruction shall appear to the Justice or Justices of the Peace | |
| before whom the information shall have been laid, to be accom- | |
| panied by any circumstances of aggravation, it shall be lawful for such Justice or Justices to commit the offender for trial at the next Quarter Sessions of the Peace; or to take sufficient bail for the ap- pearance of such offender to take his trial at the said Sessions ; and in case such offender shall be thereat convicted of an aggravated act of such obstruction or opposition asaforesaid, he shall such suffer punish- ment by flue not exceeding One hundred pounds, or by imprison- mext fur any period not exceeding six months, as to the said Court of Quarter Sessions shall seem meet. |
XV.
XVI. AND be it enacted, that no seaman forming part of the Exemption of seamen
| crew of any ship or vessel shall be arrested on account of any debt faTraijore | . st tordcbts |
| of less amount than Ten pounds, unless be shall have engaged him- self as such while resident in this colony. |
XVII. AND he it enacted, that all Informations and Proceed- Limitation otproseeutions
ings in respect of offences against this Act shall be commenced with- six Intuit'''.
in six calendar months next after the offences thereby respectively
charged shall have been committed.
XVIII. AND be it enacted, that all" Prosecutions for offences Recovery of penalties.
charged to have been committed against the provisions of this Act may be heard and determined in a summary way by any two or more Justices of the Peace, who shall have power to commit the offender to Gaol, there to be kept to hard labour for any period not exceeding six months, in case the fine and costs adjudged by them be not paid.
XIX. Provided always, and be it enacted, that if any fine impo- Appeal to Quarter &s-
sed under this Act shall exceed ten pounds, or the imprisonment ad- 610ns.
judged shall exceed one month, and that the person convicted shall
consider himself aggrieved by such conviction. such person may ap-
peal therefrom to the next Court of Quarter Sessions ; which Court
| 4 & 5 Vic., No. 15. | 1841, |
shall hear and determine the matters of such appeal, and shall make such order therm in affirmance or reversal of the conviction appealed from, with, or without costs, to either party, as to the said Court shall seem meet, and shall enforce such order as they make, by dis- tress and sale of the goods and chattels of any person neglecting or re- fusing to obey such order ; or by imprisonment of such person to be kept to hard labour for any time not exceeding six calender months. Provided always that the person so appealing shall give notice there- of to the convicting justices within three days next after conviction,
and shall deposit with them the sum of Five pounds, or enter into a
Recognizance. with two sureties for the purpose of securing payment of the costs of such appeal
Convictions not void for X X AND be it enacted, that no Conviction or Adjudication un-want of form, nor re- moveable by certiorari. der this Act shall be quashed for want of form, or removed by writ of
certiorari, or otherwise; and no warrant or commitment shall be held void by reason of any defect therein ; provided it be therein alleged that the party has been convicted, and that there be a good and valid conviction to sustain the same.
| for benefit of private par- to direct that any such bond as aforesaid shall be put in suit for theties. | Bond may he put in snit XXI. AND be it enacted, that it shall be lawful for the Governor |
benefit of any private person who shall consider himself aggrieved
by any act committed cantrary to the provisions of this Act.
| Psoceedings against sure- | XXII. | Provided always, and be it enacted, that no proceedings |
| ties to be commenced |
| within six months; and | upon such bond as aforesaid shall be had against the surety or sure- |
| conviction to be a bar to | ties in such bond, unless the same be commenced within six calendar |
| proceedings on bond. | months after the departure of the respective ship or vessel ; and that any summary conviction under this Act, followed by payment of the costs and fine thereby imposed, shall be a bar to any proceedings on such bond for the same offence. |
| Appropriation of Pines. | XXIII. | AND be it enacted, that all Fines and Forfeitures under |
| Act way be amended. |
this Act shall be divided, paid, and applied as follows—that is to say, after deducting charges of prosecution and sale from the produce thereof, one moiety shall be paid to the Colonial Treasurer, to be applied towards the Government of this colony in such manner as the Governor, acting with the advice of the Legislative Council, shall by law appoint ; and the other moiety to the party or parties informing.
XXIV. AND be it enacted, that this Act may be amended or re-
pealed by any Act to be passed in the present Session.
JOHN HUTT,
GOVERNOR AND COMMANDER-IN-CHIEF.
Passed the Council
3rd August, 1841. J.
WALKINSHAW COWAN,
Clerk of the Council.
1841. 4 & 5 Viet. No. 15.
SCHEDULE REFERRED TO BY THE ANNEXED. ACT.
No. 1.
Bond to be entered into by the Master or Commander of every Ship or Vessel arriving in any of the Ports, Harbours, or Anchorages of this Colony.
| Know all men by these presents, that we, A B, Master or Com- mander of the ship | , now lying in | , in the |
Colony of Western Australia, and C of in the said Colony, are held and fruity bound to B F, Collector of Re- venue 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 F, or his certain attorney, or his successor for the time being in his said Office, for which payment, well and truly to be made, we jointly and severally bind ourselves, our executors and administrators, firmly by these Presents
| Sealed with our seals and dated the | day of |
The condition of the above written bond is such, that V the said
A B do well and truly observe and obey all and every the requisi-
tions and prohibitions (relative to the conduct of Masters and Com- manders of merchant ships in or off any of .the ports, harbours or anchorages of the said Colouy) contained in a, tertain Act of Coun- cil passed on the third day of August, 1841, intituled "An Act for the Regulation of Pilotage and Shipping in the Harbours of Wes- tern Australia," then this bond shall be null and void, but otherwise shall be in fiatforce and effect.
A B. C D.
Signed, sealed and delivered by the above-named
A B and C D in the presence of
No. 2.
Certificate to be obtained by Persons desirous of leaving the Colony.
Western Australia I hereby certify/ that there is not at present
| to wit. | 5any Suit or Action pending, or Judgment e- |
| maiming unsatisfied against | of | . |
| Dated this | day of |
Registrar Clerk of Civil Court.
(Countersigned) Colonial Secretary.
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