Harbours amendment (1839) (WA)

WESTERN AUSTRALIA.

ANNO SECUNDO

VICTORIA: REGINI±,

No. 7.

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

HEREAS it has been found expedient to amend the Regula-

year of the reign of His late Majesty King William the Fourth,Wtions heretofore established by the Act passed in the second

intituled "an Act . for the regulation of Pilotage and Shipping in the harbours of Western Australia ;" 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 there- of, that it shall be lawful for .the Governor, or officer administering the Government of this colony, to grant Licenses to persons duly

Anchorages of this colony, and that every License so granted shall pointed by the Governorcontain the name, age, stature, complexion, and place of abode o frAdotslicensed . to act as

qualified to act as Pilots for any of the Ports, Harbours, or Pro er persons to be ap-

every such Pilot, and shall further certify for what port or' anchorage

he is qualified to act as Pilot.

xe"els' excepting

II. AND be it further enacted; that the master in command of" coasting vessels, arrivi

every ship or vessel, not being a vessel bona fide engaged in theor depaning,shallreeeive Pilots on board,

Anna Secundo Viet. Reg., No. 7.

coasting trade, arriving from parts beyond the sea, at or off any port or harbour in this colony wherein any Pilot shall have been appointed, for the purpose of entering any of the said ports or harbours, shall deliver and give in charge such ship or vessel to the licensed Pilot who shall first offer himself, or go alongside of such ship or vessel in order to conduct the same into port, and such Pilot shall, if required by such master or commander, produce his license to act as Pilot, as hereinbefore mentioned ; and no master or commander of any such ship or vessel shall proceed to sea from any of the said ports or harbours, or quit his station or anchorage in any of the same in order to proceed to sea, without receiving on board some Pilot appointed as aforesaid, to conduct the said ship or vessel to sea; and if any ship or vessel shall enter any of the said Ports or Harbours, or shall attempt to proceed to sea, without having first applied to the Harbour Master, or having made the necessary signal for a Pilot, or after

or, on declining to re-	declining or refusing to receive on board thereof, some licensed Pilot
ceive them, to pay a fine	as aforesaid, the master or person in command thereof, shall forfeit
equal to the amount of
pilotage.	and pay a fine equal in amount to such sum as the pilotage of such ship or vessel would have amounted to if a Pilot had been received on hoard.
Pilotage on vessels out-
ward bound to be paid or	III. AND be it father enacted, that no Pilot as aforesaid shall be in any wise bound to conduct any ship or vessel to sea, until the full amountof the outward pilotage of such ship or vessel shall be first paid, or secured to be paid, to the satisfaction of such Pilot.
secured in advance.

more an 48 hours to be IV. AND be it further enacted, that every Pilot in charge ofth	Pilots detained on board
paid 8s per day. any ship or vessel in, or entering, or proceeding from any such port,

who shall be detained on board any such ship or vessel for a period exceeding forty-eight hours, either on account of stress of weather or under quarantine, or by any act of the master of such ship or vessel, shall be entitled to demand and receive, over and above the pilotage charged under the provisions of this Act, the sum of eight shillings for each and every day he shall so remain on board such ship or vessel.

charge, or misconductingPilot neglecting to take V AND be it further enacted, that every Pilot licensed by vir-

himself, Ito forfeit any tue of this Act, who shall refuse, neglect, or delay to take charge of

sum not exceeding any ship or vessel, unless upon good and sufficient cause to justify

such refusal, neglect, or delay, or who shall quit any ship or vessel, or decline the piloting thereof, after he has been engaged, or before the service shall have been performed for which he was hired, or shall by drunkenness render himself incapable of conducting any ship or vessel, or do any injury to the same, or to the tackle or furniture thereof, shall on conviction before any two or more Justices of the Peace, forfeit any sum not exceeding ten pounds.

Arno Secundo Viet; Beg., No. 7,

VI.    AND be it further enacted, that the rates of Pilotage to be Rates of pilotage to be

paid by all ships or vessels arriving at, or departing froth any of the o fixed im prioeelanain t m

r m t ber to

said ports or harbonrs, shall from time to time be fixed and published meantime 'tontbne

charged regiend according sc uleto the

by the proclamation or order of the aid Governor, or officer admin- table the s

istering the Government, and in the meantime, 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.

VII.     AND be it further enacted, that whenever any ship or vessel unties of Harbour Master

(not being a ship or vessel bona fide employed in the coasting trade e e

from one port of Western Australia to another) shall arrive within any of the said ports or harbours, the Harbour Master of the port where such ship or vessel shall arrive, shall with due diligence, repair on. board such ship or vessel, and shall appoint the place where every such ship or vessel shall cast anchor ; and as often as the master or commander of any such ship or vessel shall be desirous of removing the same from one place of mooring or anchorage to another, such master or commander shall notify to the Harbour Master his desire, and the said Harbour Master shall with all convenient speed, go on board of such ship or vessel, and unless he shall see good and suffi- cient reason to the . contrary, shall direct the removal thereof; and for every such service so performed, such Harbour Master shall be entitled to receive the several charges as the same are respectively inserted, described, and set forth in figures in the table to this Act annexed.

VIII.     AND be it further enacted, that the master Or commander laster to report his at-

of any ship or vessel which shall arrive in or off any port or harbour rival to collector;

of this colony, shall as soon as , reasonably possible after such ship or vessel be therein anchored, report his arrival at the office of the Collector or Sub-Collector of such port or harbour, and deliver to . ,	artiemars o i	suen report;
the said officer a muster roll of the ship's company, a descriptive list

clearance from the port last left by him, and all other such papers or and to enter into a bond.

of his passengers, a sick list (if required), a manifest of his cargo, his and to exhibit papers,

documents as the said officer shall reasonably require to inspect ; and shall at the same time enter into a bond, according to the form

(numbered 2) in the said schedule, with one surety, to be approved

of by the said officer, for the due observance of all and every the

enactments herein contained.

IX.      AND be it further enacted, that if the master or commander masters wilfully making

of any ship or vessel arriving in any of the ports or harbours afore- false report, or exhibiting

paeln s caltrap enrs u b)xecoete lei n ga

said, shall wilfully make an untrue report of any of the aforesaid	not
particulars of his cargo and crew, or shall wilfully exhibit any false 150.
papers or documents relating thereto, every such master or corn-

Anno Secundo Viet. Reg., No, 7.

mander being thereof convicted, shall forfeit any sum not exceedin g

fifty pounds.

part from the colony inauthorised persons to de- have obtained a certificate in the form (numbered 3) in the said	Masters suffering nn- X. AND be it further enacted, that if any person who shall not
have broofketnheirtheboenon;bonds, vessel, whether such sufferance shall be by the wilful act or by the their vessels deemed to schedule, shall be suffered to depart from the said colony in any ship
be wilful or negligent.whether such sufferance negligence of the master or commander, officers, or crew of such
The fact of any u.nauthor- vessel, or of any of them, such master or commander shall be
ised person being em- deemed to have broken the condition of his aforesaid bond ; and ifbarked on board a vessel
about to sail to subject the embarkation of any such unauthorised person as aforesaid for the the Master to a penalty apparent purpose of leaving the said colony shall be discovered be-not exceeding xso.

fore the departure of the vessel on board of which the same shall take place, the master or commander of such vessel shall, on sum. mary conviction in manner hereinafter mentioned, forfeit any sum not exceeding fifty pounds.

No rubbish to be thrown XI. AND be it further enacted, that if any person shall throw orout of vessels in harbour,

under penalty not ex- cause to be thrown out:of any ship, vessel, or boat, in any of the ports, ceeding goo. harbours, or anchorages aforesaid, any ballast or rubbish of any des-

cription, into the water below high water mark, or shall remove or take away from any part of any port, harbour, or anchorage as afore- said, any sand, stone, or ballast, without having first obtained from the Harbour Master of such port, harbour, or anchorage, his consent to remove the same from such part thereof, such person shall forfeit and pay any sum not exceeding fifty pounds, nor less• than ten shillings.

Corpses of persons dying

on board vessels in har- XII. AND be it further enacted, that the corpse of every person

bour to be brought on	dying on board of any ship or vessel in any of the ports, harbours, or
shore and buried; penalty
not exceeding £20 for	anchorages aforesaid, shall be carried on shore, and shall be interred
throwing such corpses	in the lawful and accustomed burial ground of such port, harbour,
overboard.	or anchorage ; and any master or commander who shall, in wilful violation of the provisions of this Act, throw or permit to be thrown overboard, any such corpse as aforesaid, shall forfeit and pay a sum not exceeding twenty pounds, nor less than five pounds.,
No seaman to be arrested

out of any ship in har- XIII. AND be it further enacted, that no seaman forming part

bour for any debt less

of the crew of any ship or vessel in any of the ports or harbours

than £10.

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 virtue 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 ten pounds at least. Provided always, that the exemption from

Anna Seeundo Vie. Reg., No. 7.

arrest hereinbefore contained, shall	not extend to such persons as Exceptions as to persons
shall have engaged themselves while	resident in this colony to serve l:: ...srililegntoem inselstleisetowsiernrYe
on board any such ship or vessel as	last aforesaid, so far as respects on board any ship.

any debts, although less than ten	pounds, by them contracted
previously to such their engagement.

XIV. AND be it further enacted, that if any master or corn man- bin so ter o so o o t o r radn pryrosscoh ilesr pot?

der, or any other person or persons whatsoever, on board of anyship gr'

or vessel being in or off any port, harbour, roadstead, or bay of this execution oopf otylega s&g th

colony, shall oppose or obstruct the execution on board such ship or j o .io rocheoso s,Xv islsuch cri rnedsist, i

vessel of any search warrant, or other warrant, summons, writ of ex- subject to a penalty notrnd; in

ecution, or other process whatsoever of any Civil or Criminal Gourt,Zegertial 01:n5:s sa	or of any Justice of the Peace of this colony, such master, comman- dietment at Quarter	der, or.other person or persons, being thereof convicted summarily imprisonment,Sessions, marnodt, to Lateh. or
in manner hereinafter mentioned, shall forfeit and pay any sum not
exceeding fifty pounds, nor less than five pounds: but in case such opposition or obstruction shall appear to the Justice or Justices of the Peace before whom in the first instance information shall be laid,
lobe accompanied by any circumstances of aggravation, it shall be
lawful for such Justice or Justices to commit the offen- der for trial at the next session of the Court of Quarter Sessions of the Peace, or to , take sufficient bail for the appearance of such offen- der to take his trial at the said session, and in case such offender
shall be thereat 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: provi-
ded that no such imprisonment shall exceed the term of six months,
and no such last-mentioned fine shall exceed the sum of one hundred pounds.

XV.     AND be it further enacted, that the master or commander Masters of vessels to de-

of any ship or vessel. arriving at any-of the said ports or harbours liver mails, &e.

shall deliver up to the officer of customs, or other person duly au- thorised, all public despatches, letters, and parcels addressed to the Governor, or any public officer of the Government, 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 the master or .commander of such ship or vessel shall re-

pair to the Post-office so •oon after his arrival as shall be practicable, and shall there subscribe-the declaration required by a certain Act of

Parliament passed in the 55th year of the reign of His late Majesty King George the Third, intituled 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 malting certain regulations respecting the Postage of Ship Letters and of Letters in Great Britain;" of his having delivered all such •despatches,

Anno Secundo Vic. Reg., No. 7.

letters, parcels, and Post-office mails as aforesaid, intrusted to his charge, which declaration shall be produced by the said master to the officer of customs, on making his report to him ; and any master or commander failing or neglecting to do so shall forfeit and pay the sum of twenty-five pounds, to be recovered in the manner hereinafter

d irected.

Persons not to remove or

destroy buoys, beacons, XVI. AND be it further enacted, that if any person shall remove

&c. or wilfully injure, or destroy any buoy, beacon, or sea-mark used for the convenience of navigation, or for the preservation of vessels, every such person shall, on conviction before any two or more of Her Majesty's Justices of the Peace for the said colony, be liable to forfeit and pay any sum not less than ten pounds, nor more than fifty pounds; and any person who shall make fast any ship, vessel, boat, raft timber, or other article, to any such buoy, beacon, or sea-mark, as aforesaid, shall, on conviction before such Justices as aforesaid, forfeit and pay any sum not exceeding ten pounds, nor less than two pounds.

XVII AND be it further enacted, that all fines and forfeitures

Mode of recovering fines ,

and penalties, summary underthis Act shall be recovered by summary conviction before any

Justices. conviction before two two Justices of the Peace ; and in case any such fine or forfeiture,

together with costs of conviction, shall not be paid within the time mentioned by the order of the convicting Justices, it shall be lawful for such Justices to levy and raise the same by distress and sale of the goods and chattels of the offender, and in case such goods and chattels shall be found insufficient for that purpose, to commit the offender or offenders to prison, there to be kept to hard labour for any time not exceeding six calendar months, unless such fines and for- feitures, with the expenses of conviction, shall be sooner paid.

XVIII. AND be it further enacted, that upon any such summary

Hight of appeal in certain conviction as aforesaid, when the sum adjudged to be paid shall ex-

CARS. ceed five pounds, or the imprisonment adjudged shall exceed one calendar month, any person who shall think himself or herself aggrieved by such conviction may appeal therefrom to the next Court of Quarter Sessions, upon giving notice of such appeal at the time of conviction, and also upon giving sufficient security to the satisfaction of the convicting Justices for payment of the costs of

such appeal, and for abiding the judgment of the Court thereupon ; and the said Court of Quarter Sessions shall hear and determine the

matter of such appeal, and shall make such order therein in affir- mance or reversal of the conviction appealed from, with or without costs to either party, as to the Court shall seem meet ; and for that purpose shall summon all necessary parties and witnesses, and may

enforce their order by distress and sale of the goods and chattels of

Anno Secundo Vic. Reg., No. 7.

vny person refusing 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 ex-

?Reding six calendar months.

AND be it further enacted, that no conviction before any fRo t co nvicti on

XIX. :raw ' ea ntt io enf tfoem be. quashed

Justice or Justices under this Act, nor any Adjudication made on :appeal therefrom, shall be quashed for want of form, or be removed by writ of certiorari or otherwise into the Supreme Court, 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 con- victed, and that there be good and valid conviction to sustain the same.

XX. AND be it further enacted, that it shall be lawful for the tet in euesitsellevms.r e

onde to be given by

said Governor to direct that any such bond as aforesaid shall be put be ports n

in suit against the master or commander executing the same, or his benefit of private parties by direction of the Go-

surety, or against both; for the benefit of any private person who shall vernor,

find himself aggrieved by any act committed by such master or com-

mander contrary to the provisions of this Act. Provided always,

that no proceedings shall be taken on the said bond against the surety

or sureties after the expiration of six months from the departure of

the ship or vessel, by the master or commander of which ship or ves-

sel the said bond was given.

XXI.     AND be it further enacted, that any summary conviction A summary conviction

under th isAct, followed by payment of the fine or costs thereby im- under this Act to.I3C a bar u nag s ai noent

posed, shall be a bar to any proceedings on any such bond as afore- tt;ci e baennya apervoecseneidi	the same person for the
said against the sameperson for the same offence.	same offence.

this Act to be performed by, with or before the Collector or Sub- tboene obnvi e, erw i tahf o&ibe et efornr se XXII. AND be it further enacted, that all duties enjoined by All duties enjoined to be

Collector, or other officer of Customs, shall and may be performed may be done by, with or

by, with or before the Collector, or Sub-Collector, or other officer of bevenfor e. th e officer of Re-

Revenue, until regular officer of Customs be appointed.

XXIII. AND be it further enacted, that all fines, forfeitures, and— Reservation n of fines and

to the Colonial Treasurer for the use of Her Majesty, her heirs and the Crown.	penalties recovered under or by virtue of this Act shall be paid OM' penalties to the use of
successon.

Anno Secundo Viet. Reg., No. 7.

Act to continue for two

years.

XXIV. AND be it further enacted, that this Act shall be and

continue in force for two years from the date of the passing thereof.

JOHN HUTT,

GOVERNOR AND COMMANDER-IN-CHIEF.

Passed the Legislative Council

the 1st day of May, 1839. 3

WALKINSHAW COWAN,

Clerk of the Council.

SCHEDULE REFERRED TO BY TILE ANNEXED ACT.

Form No. I.

RATES OF PILOTAGE

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

or Oyster Harbour.

From

, 21

rfauer	7 to 11	11	12	13	14	15	16	17	18	19	20	and up-
7 feet'	feet.	wards.

£2 3 4 4 10 5 5 10 6 6 10 7 7 10 8 10 10

SHIFTING BERTH THEREIN.

Under From 21

7 to 11 11 12 13 14 15 16 17 . 18 19 20 and up-

7 feet ' feet. wards.

£1 110 2 2 5 2 10 2 15 3 1 3 5 3 . 10 3 15 4 5 5

Ships or Vessels into or out of Gage's Roads, Omen's Anchorage, King George's Sound, Konzbana

Bay (Leschenault), or the Anchorage in Flinder's Bay, Auyusta; or for Removal from

Gage's Roads to Omen's Anchorage, or the contrary. j

Under 7 feet 7 t Froolal 11 12 13 14 15 16 17 18 19 20 lancr up-

feet. 1 wards.

el 6 8 2 2 13 4 3 368 3 13 4 4 4 6 8 4 13 4 5 5 6 8 6 13 4,6 13 4

Removal from Gage's Roads or Omen's Anchorage to Cockburn Sound, or the contrary.

21

7	BM	From
feet, r	y to11 11 12 13 14 15 16 17 18 19 20 and up-
feet. wards.

£2 3 4 4 10 5 5 10 6 6 10 7 7 10 ' 10 10

SCHEDULE, FORM loo. 2.

Bond to 1,6 entered into by the Master or Commander of every Ship

or Vessel arriving in any of the Ports or Harbours 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. D., of in the said colony, are held and firmly bound to E. F., Collector of Customs of the aforesaid port, in the sum of one hundred pounds of lawful money current in this colony, to be paid to the said E. 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 if 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 or harbours of the said colony) contained in .a certain Act of Council, passed on the first day of May, 1839, intituled an " Act to amend an Act for the regulation of Pilotage and Shipping in 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, and from the Registrar Clerk of the Civil

Court, by persons desirous to leave the Colony.

Colony of Western I do hereby certify, that A. B., late of

Australia to wit, J has permission to leave this colony, together

with his family (or servants) as per-margin.

Dated this day of

C. D. Colonial Secretary.

(Countersigned) E. F., Registrar Clerk of the Civil Court.