Marine Board Act 1876 (SA)

ANNO TRICESIMO NON0 ET QUADRAGESIMO

No. 50.

An Act to amend the Marthe Board Acts of South Australia.

[Reserved, 27th October, 1876.1

E it Enacted by the Governor of the Province of South Aus- Preamble.

and House of Assembly of the said Province, in this present Par-	B trdia, with the advice and consent of the Legislative Council
liament assembled, as follows:

PRELIMINARY,

1. This Act may be cited as the 'L Marine Board Act, 1876." Short Title.

2. This Act shall be construed as one with the " Marine Board Cmt~uction.

four

Act of 1860," and "The Marine Board Amendment Act, 1873," and the said Acts and this Act may be cited collectively as the Marine Board Acts, 1860 to 1876,

WRECKS AND CASUALTIES.

3. Whenever any ship is lost or abandoned, or has sustained Accidents to ~ E p a t o

be reported to Marine

her hull or in any part of her machinery, on or near the coast of the material damage affecting her seaworthiness or her effieieney, either in B wise causes loss or material damage to any other ship on or near such coast, or by reason of any casualty or accident happening to or on board of any ship on or near such coast, loss of life, or any serious injury to any person ensues, or whenever any ship has run aground on or near such coast, the owner or master shall, within twenty- & , ,

39" & 40"1CTORIB, No. 50. --

Marine Board Act.-1 876.

four hours after the happening of any one of the above events, or as soon thereafter as possible, send to the Marine Board, by letter, signed by such owner or master, a report containing full particulars of such loss, abandonment, accident, casualty, damage, or grounding, and of the probable occasion thereof, stating the name of the ship, the port to wkieh she belongs, and the place where she is, if pract.i- cable; and if such owner or master neglect so ta do, he shall, for such offence, incur a penalty not exceeding Fifty Pounds.

I n q u i ~ be i~ t i -

tuteil by Marine 4. I t shall be lawful for the Marine Board, or for any person

Board, appointed fox the purpose by the Marine Board, to make inquiry'

' respecting such loss, abandonment, accident, casualty, damage, or

grounding, and also whenever the same shall happen outside the limits of the said Province and any competent witnesses thereof arrive or are found at any place in the said Province, and the Marine Board, or such person so appointed, shall, for the purpose, have all '

the powers and remedies given by sections 19, 20. and 21 of the

" Marine Board Act of 1860 " to Inspectors under the said Act.

OFFICIAL COURTS OF INQUIRY.

Boar4 may order in- 5. If the Marine Board has reason to believe that any master,

reatigation.	engineer, or mate, is, from incompetency or misconduct, unfit to
discharge his duties, or at ally time complaint is made to the Board
with reference to any certificated officer, that is to say any master, engineer, or mate, possessing a certificate of competency or of ser- vice, whether such certificate shall have been issued by the Marine
Board, the Board of Trade, or other aathorized body, that such
officer i~l by reason of incompetency, drunkenness, tyranny, or mis- conduct, unfit to discharge his duties, the Mariuc Board may cause
an inquiry to be made into the conduct of such offlcer.
Marine Board ta fur.	6. The Marine Board shall, before the commencement of the ment of the case on which the inquiry is instituted.
*h O0PY 'htsmenL	inquiry, furai~h to every officer whose conduct is in question a stt tc-

court before whiah 7. The inquiry shall be held before a Specid Magistrate and two

'q* be h*d. Justices of the Peace (hereafter called the Court), sitting as a Court

of Sumrnq Jurisdiction; and every Court so constituted is hereby authorized and empowered to exercise all the powers conferred in the two hnndred and forty-first and two hundred and forty-secoad sec- tions of " The Merchant Shipping Act, 1854," and in the twenty-third aectim of " The Merchant Shipping Amcndmenl Act, 1862," both of the Imperial Parliament, relative to investigz~ting cascs of alleged in- competency or misconduct, and as to shipwrecks or other casualties affecting ships, and as to the cancelling or suspending of certificates.

~owemand duties of 8. The Court may surxlmon such master, engineer, or mate, to

owrt.	appear, and shall give him a full opportunity of making a defence, either in peraon or otherwhe, and shall for the purpose of such inves-
f ig~ t i~o have all the powers and remedies given by sections 19, 20,

and

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Marine Board Act.--1876.

and 21 of the Marine Board Act of 1860 " to Inspectors appointed under the said Act, and may make such orders with respect to costs of the investigation, as they may deem just-

The Court shall have power to cancel or suspend the certificate of any master, engineer, or mate, if they find that he is incompe- tent or has been guilty of any gross act of misconduct, drunken- ness, or tyranny, or that the loss or abandonment of or serious damage to any ship, or loss of life has been caused by his wrongful act or default:

The Court shall, at the conclusion of the case, or as soon afterwards as possible, state in open Court the decision to which they may have come with respect to cancelling or sus- pending certificates, and shall in all cases send a full report upon the case, with the evidence, to the Board of 'I'rade; and shall also, if they determine to, cancel or suspend any certificate (other than Colonial certificates), forward such cer- tificate to the Board of Trade, with their report:

Every master, engineer, or mate whose certificate is or is to be sus- pended or cancelled in pursuance of this Act, or of the said "The Merchant Shipping A&, 18 54," or '' The Merchant Shipping Amendment Act, 1862," shall, upon demand of the Court by which the case is investigated or tried, deliver his certificate to them, or, if it is not demanded by such Court, shall, upon demand, deliver it to the Board of Trade, or as it directs, and, in default, shall for each offence incur a penalty not exceeding Fifty Pounds.

9. So much of the third part of an lkkt of the h'per%d Parliament Adoption of thitd pafi

"The Merchant

intituled " The Merchant Shipping Act, 1854," and of any Act	Ghipphg Aot, 1864."
amendhp the same, as relates to rights to wages, and remedies for the recovery thereof, to the provisi&s, health; and accommodation of seamen, to the power of seamcn to make complaints, to the pro- tection of scamcn from imposition, and to discipline, shall, so far as

applicable and not inconsistent herewith, be deemed to form part of the law of this Province, and shall be adopted and applied in the administration of justice therein in like manner and as fully as

any other laws and Statutes of England are adopted and applied in this Province, and shall also apply to all British ships wherever registered, and to all ships registered in the said Province, and to the owners, masters, and crews of such ships, as well when such ships are within as out of the jurisdiction of the said Province.

10, The Governor may, by Proclamation to be published in the Reserveamaybe

Gove~nrnent Gazette, place any Government Reserve situate within afYBrinB	placed under control
or abutting upon thc boundaries of any port, haven, harbor, or navigable river or crolek under the care, management, and control of the said Maxine Board, and may at any time thereafter resume pos-
session of any such reserved

11. Sectiona

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.Marine Board Act.-1876.

Repeal. 11. Sections 33, 156,157,158,159, and 160, of the "Maii~ie Board

Act of i1860," and sections 9, 10, 13, 14, 15, 16, 17, 18- 20, 29, 45, and 49, of " The Marine Board Amendment Act, 1873," are hereby repealed: Provided always that no tllings done, appointments made, penalties incurred, or rights acquired, shall be thereby pwju- diced or affected, but the same may bc respectively supported md

enforced h as ifino - such repeal had been made.

Commencement of	12. This Act s h d come into operation from and after a day to be fixed by the Governor by Proclamation in the Government Gazette, and such day shall not be more three months from the day upon which Her ?Majesty's pleasure upon the said Act shall be notified in
Act.
the said Qagette.

I reserve this Bill for the signification of Her* Majesty's

pleasure thereon.

A, MUSGRAVE, Governor,

Adelaide: By authority, W. C. Cox, Gmernnrent Printer, Nod-terraoe-