Marine Board, and c Act 1860 (SA)

ANNO VICESIMO TERTIO ET VICESIMO QUARTO G- e-ck-4-4b,&j

A n Act to consolidate the Acts relatin9 to the regulation df the Ports,

Harbors, Havens, Roadsteads, Channels, Navigable Creeks, and Rivers, in Her Majesty's Province of South Australia, and for the better regulation -of Shipping, and to constitute a Board to be called the Marine Board (?f South Australia, to confer certain powers on such Board, a?td ,for other purposes.

[Assented to, 1 7 th October, 1860.1

W HEREAS it is expedient to consolidate the Acts relating to Preamble: the regulation of ports, harbors, havens, ~oadsteads, chau-

nels, navigable creeks, and rivers, in the Province of South

Australia, and fbr the better regulation of shipping, to establish a Marine Board of the said Province, and to confer certain powers on such Board: Be it therefore Enacted by the Governor-in-Chief of

the Province of South Australia, with the advice and consent of the

Legislative Council and House of Assembly of the said ProvineeS in this present Parliament assembled, as follows:

1, From and after the coinlnencem~lnt of this Act, fin Act made Repeal~fex ie t in~~ctg

and passed by the Govcmor aud Legislative Council of the said

Province, on the twenty-second day of February one thousand eight 1838, N ~.	3.
hundfed and thirty-eight, intituled 'L An Act for the better pmser-
vntion of the ports, harbors, havens, roadstends, channels, navigable

creeks, and rivers, in Her Majesty's Province of South Australia,	4
and for the better regulation of shippiing, and their crews, in the same;" an Act made and passed by the Governor and Legislative

Council of the said Province, on the 1st day of June, 1842, intituled, 1842, No. 48.

An Act to amend and extend an Act for the better preservation

of the ports, harbors, havens, roadsteads, channels, navigable creeks,

F 3. and

and rivers, in Her Majesty's Province of South Australia, and for the better replation of ships and *heir crews, in the same;"' an Act made and passed by the Governor and IAegislative Council of the said Province, on the 27th day of October, 1842, intituled

%BC%, No. 6.	" An Act to re uhte tbe keeping and carriage of gunpowder;" all
Ordinance m 3 e and pawed by the Governor and Legislative Council of the said Province, on the 8th day of July, 1846, in-
1846, No, 2.	tituled " An Ordinance further to regulate the keeping and car- riage of gunpowder;" an Ordinance made and pmsed by the Governor and Legislative Council of the said Province, on the
1847, No. 13,	4th day of September, 1847, intitulcd An Ordinance to provide for the maintenance of a steam-tu~, and pilotage, and other con- veniences when required by shipping;" an Act made and passed by the Governor and Legislative Council of the said Province, on
1861, No, 6.	the 23rd day of October, 1851, intituled '' An Act to incorporate the Trinity House of Port .Adelaide, South Australia ;" an Act made
986% No. 24.	and passed, on the 2nd day of December, 1852, intituled " An Act for the more convenient engagement and discharge of seamen, a t
Bortione of
1864, No. 20.	Port A delaide ;" and also certa,in portions of an Act made and passed
by the Governor and Legislative Council, numbcred 20 of 1854,
intituled An Act to authorize thc raising a sum of One Hundred Thousand Pounds for the deepening and improvement of the l~arbor of Port Adelaide, and for other the purposes therein named,'' that is to say-being the sections five, six, scvcn, eight,, nine, fen, eleven, twelve, axd thirteen, shall be repealed; and
an Act made and passed by the Governor and Legislative Council
1866, No. 1.	of the said Province, numbered 1 of 1856, intituled " An Act to facilitate the perfcrmance of the duties of the Trust for the deepening
Portions of 1868,	and improving of the EIarbor of Port Adelaide,'' shall be repealed;
No. 12,	and also such portions of an Act made and passed by the Yarlia- ment of the said Province, being number 12 of 1858, intituled
"An Act to subject certain Commissioners and Trust, therein named, to a e control of the Commissioner of Public Works," as subject the Harbor Trust to the coxitrol of the Commissioner of Public Works.

Short title.

2. This Act may be cited, for dl purposes, as the Marine Bowd

Act of 1860."

Conetruction.	3. In the construction aid for the purposes of this Act (if no* inconsistent with the context or subject matter), the following terms shall have the respective meanings herein assigned to them, that is
to isay :-

"Receiver" shall mean any person appointed in pursuance of

this Act Receiver of Wreck.

Pilot" @hall mean any person not belonging to a ship, who has

the conduct tbexeof.

" Qualified Pilot" shall mean any ersm duly liccnsed by the

Marine Board, to conduct S ips to which he does not k'

belong. ..

a Master"

Master" ~ 1 ~ ~ 1 1 mean any person (except a pilot) h rving coo:-

mand or charge of my ship.

U Seamen" shall include every person (except masters, pilots, and

apprentices duly indentured and registered) employed in

any capacity on board any ship.

U Person" shall include body cotporate,

&; shipp7 shall include every description of ~tessel used in navigad

tion, not propelled by oars.

Lighthouses" shall, in addition to the ordinary meaning of the

word, include floating and other lights, exhibited for thec

guidance of ships; and LLBuoys and Beacons" shall include all

other rnarks and signs of the sea.

' L Wreck" shall include jetsam, flotsam, lagam, and derelict found

on the shores of the sea, or any tidal water.

4. This Act s l d come into operation on the first day of No- D" of Act c o ~ n g

into operation.

~embcr, 1860.

Trinity Board and

From and after the commencment of this Act, the Trinity House

of Port Adelaide, incorporated by the above repealed Act, No. 5 abolished.

of 1831; and the Trust for deepening and improving the Harbar

Trust

of Port Adelaide, established by the above in part repealed Act,

No. 20 of 1854, shall be abolished; and the Guild or Fraternity, incorporated by the above repealed Act, No. 5 of 1851, and the said Trust shall cease to exist: Provided that no proceeding8

hod, or transactions previously entered into by the said Trinity

House or Harbor Trust, shall be affected by this Act: Provided also, that where in the first four clauses of the said Act, No. 20 of 1854, the word 'L Trust" is used, the words " Marine Board" shall be held to be substituted.

5.

B. Jt shall be lawful for the Governor, with the advice and con- ~ ~ ~ ~ $ ~ $ ~ ~; ,

sent of the Executive Council, by letters patent, to be by him for	that purpose issued, under the public seal of the said Province,
to incorporate a Board, by the name of the '' Marine Board of South Australia," to consist of a President and four Wardens, of whom three shall be a quorum; and from time to time to remove any member, or to appoint any person to fill any vacancy that may occur in such Board.
have inserted thereon the words "Marine Board of South Aus- Board. 7. The seal of the Marine Board, hereinafter alluded to, shall fled of the M-e
tralia," and such device as the Governor, with the advice and consent of the Executive Council, may approve; and a notice of the approval of such seal as aforemid shall be published in the
South Aastralim Gowwnmnt GaxetJe.

- 8. The

f i b e r s of Marifid 8 m he ~ d n e j3na~d &all, in all respects be subjected to the

Board.

C.--- t&m%ion, control, find direction of the Treasurer for the t h e

Maine Baard eubjebt bein and s h d at all times fkrdsh such reports, accounts, vouchers;

tOcon~olofTremwex. ~ n d 53 oeuments, dating to any matter entrusted to or performed

by the Marine Board, acl the said Treasurer shall, by any writing

.

uhder his hand addrbssed to the Marine Board, or to its Secretars from time to time require, hnd shall fulfil and carry out any direc- tions whiell may frorotn time to time be given in manner aforesaid by the mid Treasurer touching any matter ent'usted to or performed

or authori~ed to be performed by the said Board.

Bo&amay appoint

officem	9; The Board inay from time to time, with the consent of the !iheasurer, appoint and employ such secretary, engineers, clerks, messengers, and other officers, except solicitors, at such reasonable
edary, pay, or reward as to such Marine Board may seem meet, and
from time to time, with thb like consent, dismiss and discharge such officers, or any of them, and appoint others in their place: Provided that the sala?ies or rewards of all persons appointed and employed by such Marine Board under the authority of t& -4ct shell be annually voted by Parliament,
the Department k,

Marina B w d to bo 10. The Marine Board shall be the Department to undertake the

superintend all	eneral superintendence of all matters within its jutisdiction, re-
mat~r~=l~tin".80the

preservation of the h n g to the - of ports, h d o r s, ha~mn, nud navmable

F*, ~ h, creeks and -8, in the said Province, and the regulation of

tiOn seamen. of hipping md w n g and seemen, the licensing, appointment, and removal of

pilots, the erectiw of lighthouses, sl~perintenderice of lights and other aeR or harbor marks, the plneing or removing of moorings, the establishmeat of light and beacon dues, and the granting &d

charging for licences to waterti~en and others;

M ~ & ~ ~ r ~ i s e d ~ ~ ~ ~ ~

the authority of Act 11. All S X I ~ S which may be raised under the authority of Act

NO. 20 of 1 8 6 4 - h ~ ~ NO. 20 of 1854, and entrusted to the said Marine Board for the

e-nded.	improvement of Port Adelaide, shall be expended by the said Board
in deepening the outer and i n n q bare of the said barbor of Port
said outer bar unto tlhe upper part o f the inner karbor, opposite the Adelaide ; and the faisway or channel of the said harbor -_ 'from ' tG Mortb Parade.

9 o ~ e r e of Bosrd to 12. The powers, authorities, and jurisdiction of the Marine

fmmhighntsmuak, Board shall extend and be exercised ia and over the limits of the extend to two leagues

snid Province, and two nautical leagues to aeaward, from high

tu, water . mark, along the coast line of the said Province.

C w t, i ~ h e and d~ 18, All documenter whatever, pu orting to be issued or writkeu

menh purporfing to

44 or i. by or under the direction of the%e Boa$, and purporting

a Bi~e* either to be sesIed with the: seal of such Board or to be si ned by

rewived in evidence. the Secretary or Alssiabnt Secretmy to such Board, s	received in eridawe, atld &all be deemed to be igsud or writ&& ft all be
bF0-G the direction of the aid Board without further proof, unless the contrm-y be shown; and all documents purporting to be

certificates

certificates issued by the Marine Board, in purmmce dF this Act, Pimm ofiwarinu

and to be sealed wkh the see1 of such Board, or to be eigned by Board-	-
one of the officers of such Board, eh& be mceived in evidence, and shall be deemed to be such certificates without further proof,

. urlfess the contrary be shown.

14. The Marine Board, may from time to time prepare and Yarine Board to iasue or- of instruments,

sanction forms of various books, instruments, and papers, required bv this Act. and nlav from time to time make such dkraticsns t6erein as it deems requisite, and shall, before finally issuing or altering any such form, give such public notice thereof as it deems necessary in order to prevent inconvenience, and shall cause ever

mch form to be scaled wit,h slnch seal as aforesaid, or marked wit c

same other distinguidiing mark, and to be supplied at such moderate

prices as it may from t h e to time fix, or may license any persons to. priot and sell the same, and every such book, instrument, and paper, as aforesaid, sbdl~be made in the form issued by the Marine Board; and sanctioned by it the proper form for the time being, and no such book, iost<ument, or paper as aforesaid, unless made in suclr form, shall be admissible in evidence in any civil proceeclinq on the part of any owuer or master of any ship; and every such book, mstrument, or paper, if m ~ d c in a form pur orting to be n proper form, and to be se~ltvl or marked as aforesail, shall be taken to be made in the form hereby required. unless the contrary is proved.

15. Every person who forges, assists in forg?ng, or procures to Psalti?. for f w w of seal and fnwdulent

be forged such seal or other distinguishin mark as aforesaid, or dhation of fnma.

to be fradulently altered, any form issued by the Marine Board,	who fraudu~ently alters, assists in fraudulent y altering, or procures 7
with the view of evading any of the provisions of this Acb, or any condition contained in such form shall, for each offence, be deemed guilty of a misdemeanor.

16. The Marine Board may, in cases where there is reason MarineBosrdmayi~lc

to suspect that the provisions of this Act are not complied with, z ~ ~ P ~ ~ ~ ~ '

exercise the following powers, that is to say--It shall be lawful

for the Marine Board to require the owner, master, or any of' the

semen of any British ship bein within any port or place in the

ments relating to such seamen, or any member thereof, in their

said Province, to produce any o cial log books, or other docu- k

respective possession or control; and to require any such master to produce a list of all persons on board his shzp, and take copies of such oBcid log books or documents, or of any part thereof ; .

to muster tbe crew of any sach ship; to summon the master to

appear and gave any explanation concerning such ship or her crew,.

or. the said offfcial log books or docunlenb.

Penalt for refusing-

17. If, upon requisition duly made, any person refuses or ta prQ&oe d,,cumnu.

neglects to produce any such official log book or document, aa he &a.

G 3 k

POW$ of&nkQ	is h&einbefore required to proituce, OF to allow the same to k in-
$ o a d	spected or copied as aforesaid, or impedes any such muster of rt crew as aforwid, or refuses or neglects to give any explanation which
he ia hereinbefore requir+ to give, or knowingly misleads or
deceives any person hereinbefore authorized to demand any such explanation, he shall, for each such offence? ncur a penalty not ex- ceedisg Twenty Pou~~ds,
Marine Board may	18, The Marine Board may, from time to time, whenever it seems expedient to them so to do, with the approval of the Treasurer, ap oint any person as an Inspector, to report to them upon the

+ppo~nt hrspectors.

fol P owing matters, that is to say-Upon the nature and causes of	any accident or datnage which any ghip has sustained or caused,
or is alleged to have sustained or caused; whether the provisions of this Act, or any regulations made under or by virtue of this Act have been complied with; whether the hd1 and machinery of any steam-ship are sufficient and in good cox&+iop.

b w a s of Ins~ecbm. 19. Every such Inspector as aforesaid, slid1 have the folEowing powers, that is b say-He. may go on board any ship, and may in- spect the same, or any part thereof, or ang of thc machinery, boats, equipmenks, or articles on board thereof, to wlrich the provisions of this Act apply; not unnecessarly detaining or delaying her from proceeding o n any voyqge. He may mter and inspect any pre- mises, the entry or inspection of which appears to hiiu to be requisite for the purpose of the report, which lie is directed to make. He may, by summons under his hand, require the atter~dauee of all such persons as he thiuks fit to call before bin1 and exaniine for such purpose, and may require answers or returns to m y inquires he thinks fit to make. He may require and enforce the productios of all books, papers, or documents which he considers important for such purpose, He may adnlirdster oaths, or may, in lieu of reyuir- ing or administering an oath, require every person examined by him to make and subscribe a, declaration of the truth of the statements made by him in hirs examination.,

vitncssert ta be 90. Every witness so s~xmmoned as aforesaid shall be allowed

@Uowed	such expenses as would be allowed to any witness attend- ing on s u p b ~ n a to give evidence before the Supreme Court; and in ease of any dispute as to the amouut of S L N ~ expenses, the same shall be r6ferr;d by the Inspector to the ma&er of the
Supreme Court, who, on a request made to him for that purpose
under the hand of the said inspector, shall ascertain and certify the proper amount of such expenscs; and cvery person who refuses to attend RS a witness before any such inyeetor aRer having been required so to do in the manner hereby directed, and aRer having had a tender made to him of the expenses (if any) to which he is

Penalty for mfusing entitled as aforesaid, or who refuses or neglects to make any answer, c g i ~ a e~idenae. or to give any return, or to produce any document in his possession,

ar to make or subscribe any declaration, wllich any such inspector

is hereby empowered to require shall, for each such offence, incur rz

Port, Hardor, a d

penalty not exceeding Ten Pounds.

River Regulations.

21. Every person who wilfnlly impedes suy such Inspector appointed by the Marine Board as aforesaid in the execution of his

Penalty for obstrtructc. ing Inspectors in the

execution of their

duty, whether on board any ship or elsewhere, shall incur a penalt

duty.

not exceeding Ten Pounds, and may be seized and detained by suc I Inspector or other person, or by any person or persons whom he

may call to his assistance, until such offender c m be eonvenientl~

taken before some Justice of the Peace for the said Province, or

other officer having proper jursidiction.

22. If at any time from and after the as sine: of this Act the master or any other person belonging to an? boat\r

Ballwt or wbbish nob

to be diecharged in

vessel, or any harbor.

other person whomsoever shall discharge, throw out, or unlad~, or cause or permit to be discharged, bhrown out, or unladen from and out of any boat or vessel wha&mevcr being within any port, harbor, haven, roadstead, channel, or navigqble creek or river within the said Province or its dependencies any ballast, rubbish, gravel, earth, stone, wreck, or filth, the nlaster or other person eornmrtniling such boat or vessel shall forfeit and pay for every auch offence a m m of not less than Forty Shillings nor more than Fifty Pounds; and if ally person from the shore shall throw into any port, harbor, haven, roadstend, channel, or navigable creek or river within the said Provirlce or its dependeucies any ballast, rubbish, earth, grav31, stone, wreck, or filth, such person shall \forfeit and pay for every such offence a sum of not less than Forty Shillings nor more than Fifty Pounds.

23, If any ballast, rubbish, gravel, earth, stone, wreck or filth Pmdt~ifl)allae* landed he not ru-

be landed froin auy hoat or Gossel or brought or placed by any moved.

other means upon iny public pier, quay, or other place used for the

lauding of goods or passengers, or on any place on which ballast,

rubbish, gravel, earth, stane, wreck, or filth shall, b a public notice,

be prohibited to be thrown or laid, and the same sha K 1 not be removed

to the place or places specially appointed for the reception thereof within twenty-four hours after the same &all have been landed	or placed, unless permissi~n be granted by the proper authorities,
then and in every such case any person bringiug or placing, or the
master or other person commanding the boat or vessel. frorn wbich auch ballast, rubbish, gravel, earth, stone, wreck, or filth shall have been landed, shall forfeit aud pay for every such offence a sum of uot less than One Pomd or more than Five Pounds over and ahme the expense of the removal thereof,.

24. In the taking of the ballast into any vessel or boat and also TaTaUlin to ba

in the discharging of tlle same from any vessel into any boat or o t l w vessel, every such vessel or boat ,&all make w e of one or more tarpaulins properly spread in order to prevent such ballast or any part thereof from falling into the sea, or into any port, harbor, haven, clmnnci, or navigable creek or river of the said Province, and

every

every pmon failing to comply with this reguMion shall for every	c.
such offence forfeit snd pay the sum of Five Pounds.

h& m stranded

teaseh in port to be 2& If any oeswl shall, after the commencement of this Act, be.

removed within one	sunk, stranded, or run on shore in any port, harbor, haven, roadstead,
calendar month.	ehnnel, creek, or navigable river within the said Province, and the master, owner, or other persons having or claiming property therein, W &e command thereof, shall not clear such port, harbor, haven, roctdetead, cbnnd, creek, or ~ 1 ~ i g ~ M e river tberefrom, within one calendar month after notice to that effect shall have been given by the Marine Boclrd or any one Justice of the Peace, for the said Province, or within such other reasonable time, after notice so given, as such Board or Justice shall appoint, then, and in every sueh case, it shall be lawful for any Stipendiary Ma~istmte, or any two Justices of the. Peace for the said Province, and they are hereby authorized and. required, upoa the earnplaint and at the suit or instance of tlie said Marine Board, by their duly appointed officer in that behalf, or of such Jq~tice, to issue their warrant for seizing and removing such vesser, and also the rigging and tackle thereof: in sueh manner
as such Stipendiary Magistrate or Justices shall order and direct,.
aud for causing the same to be sold in snch manner as shall be thou ht expedient, and with the money arising from such sale to
pay t g; le charges and expenses of clenring the port, harbor, haven,
roadstend, channel, creek, or river where such vessel lies, and also
the charges and expenses of seizing, removing, and selling such
vessel, rig ng, and tackle, paying the ovcrplus (if anv) to the
such sale shall not be sufficient to def r~y the chargw and expenses. Treasurer or the use of the owner; and if the money ariiingg from F
of eeizing, removing, and selling such vesscl, the excess of such charges and expenses, beyond the amount of the money arising from such sa.le, shall be chargeable to and againat the master or owner of such vessel, at the election of the Maiiae Board or Justice of the Peace at whose instance or suit such proceedings as lastly mentioned shall
have been had or instituted, and if not paid within five days after-
having been demanded shall be recovered in a summary way, at the
instance of such Marine Board or Justice of' the Peace, before any SCipelsdfary Magistrate or two Justices of tlie Peace for the mid:
Province.
Timber and other

bulky articles to be	26- No timber or other bulky article shall be deposited OII any
10%8 painted oat by

de osited in places nblk pier or quay, other than in such pIace or position as the

Qe Marine Board ar	Rdarine Board or wharfinger thereof shall first indicate and poinb
-W.	out, under a enalty of not less than One Pound or more than Ten
Pounds; an l if any timber or other buIky article be left on any
public pier or quay for more thnn two days, after written notic'e
be given si ned by the Officer of the Marine Board, Officer of
vince, so aa to intermpf or hindkr the free use thereof, it shall Castoms, W arfinger, or a Justice of the Peace for the said Pro- &,
be lawful for any Stj. endiary Magistrate, or m y two Justice. of bhe &ace for %be said P!rovince, to cause the same to be removgd
and sold, deducting aU expeasea from the procaeds of the sale and

paying

27. If the master, or other person, commanding any ship ardving to Penalty pay dues faneglectin& tb, and

at any of the ports, harbors, or roadsteds of the said Province, not bas~rping re*

shall, in m y case, fail or neglect to pay any dues and ohargeges, and tione.

observc the regulations authorized or made by or under this Act, or any part thereof, or any substituted tegulations, to be made onder the power hereinafter cont.ained, or shall do or commit any- thing contrary to the true plain meaning of any of the said regu- lations, smh master, or other peyson sa offending, shall for every such offence forfeit and pay a sum of not less than Five Pounds nor more than Twenty Pounds, over and above s ~ c h payment, whether due, charge, or fine, as the said regulations may imd pose.

28. All ships shdl cast anchor in the lace pointed out by thc ~eaael i to ohat

anchorage to rtn~ther under his direction, for which removal ~ a r i n ~ ~ ~ a d.	Officer of the bfarine Board, and:shalall a f so be removed from one ; [ $ ~ ~ ~ ~ ~ f " ~
harbor pllot'age shall he paid not exceeding the sums specified in f a, : Q, the Schelluie hereto, except in cases of ships registered in the said , 4-v 7
Province and employed in the coastin trade thereof', which vessels 6&k
are, nevertheless, equally subject to t E e order and directions of the Marine Board,

29. Tlie several rates and dinrges for wharfage ou goods, mer- ~ ~ h a r f a s CIWS on

goods landd to be

cl~andize, and packages inoded in any of the ports of the i aid ,aid oficcr

Province shall be paid into the hands of such officer, as the Marine Marine Board, and paid over by him

Board, with the conseut of the Goverrtor in Executive Council, to	Treasurer.
may direct, who shall pay ovey the amount so received by

him to the 'Freasurrr, to be applied arr herein directed; and all	:
hloneys received as fees, or ss charges for wharfage, or other charges that are or may be directed to be collected, shall be paid over within one month after such receipt or collection by the

authorized officer, to the Treasurer: Provided that nothing herein

contained shall extend to private wharfs, or to wharfs aud jetties under the control or management of any Corporation or District Council.

30. The master of every ship about to leave m y port or harbor of Ma~tem of vessels

the mid Province, shall, at the time of clearing out, deliver to the to officer of Marine clearing out to delivei

authorized officer, a statement or list containing the names of the Board a tme list of crew and passenger$

offieem, seamen, and passengers intending to leave the sdd Province under a penalty.

in the same ship; which list is to be attachedto the clesrame ofthe

said shi, and it ehdl and may be lawful for such authorized otficer,

to s e w R every such ship; and ifthe master or commander of any ship	shdl permit any perbon to embark on board his ship whose name
has not been entered an the list delivered to the saki authorized officer, RS mforesdd, every such master or comtnander shdl forfeit

H S and

.Rqulatrbns. ' and pay a, sum of not less than Five Pounds ilor more t h n Fifty

Pounds for each person so pe~mitted to embark. .

$&m OfvemelB

give fortr-eight horn' 31. It &all not be lawful for the master, or other person in charge

notice before leaving of any ship, to sail from any port of the said Province without

PO*. twenty-four hours' notice of' her intended departure being given to

Postponement to be	the postmaster at such port, or to any person for that purpose duly
notified that letters	appointed, under x penalty not exceeding Twenty Pounds; and when
may be sent up to the
latest time.	the departure shall be postponed from ally other cause than wind or weather, such postponement shall, under a like penalty, be notified

vcmel'en~ign hoisted two days be pre- as early as possible, in like manner, to such postmaster, i ~ r order

vioua toherdepart~re. that letters and desnatches mav be senrt ur, to the latest time ~ossible :

and in order thai the intenhed depriore of such ship'may be notified to the public, it is hereby further enactd, that the ship's ensign shall be hoisted twenty-four hours previous to her deparhre, under a penalty not exceeding One Pound.

Beamen absconding

from vessels to be 32. If any of the seamen of any ship, in the ports or roadsteads of

taken on board again, the said Province, shall be ahsent fkom thr? said ship without leave, or imprisoned.

or, being absent without or with leave, shall conduct themselves in a riotous or disorderly manner, it shall be lawful for any Justice of the Peace for the said Province, on complaint being made before him, to cause such persons to be apprehended, and taken on board the said ship, or, if he shall think fit, to imprison such persona so offending, with or without hard labor, for any term not ex-

seemen refusing to	ceeding three months; and if any of the PCRIU~LI of such ship shall
obe:r the orders of
thew officers, to be im-	refuse or ne IecL to work in the discharge of their duty, vhen

pr i~ned and fmed. commanded ty their superior officer, they shall, for every such

offence, be iGprisoned with or without hard labor, for any term not exceeding three months, upon being eon~icted thereof, before any Stipendiary Magistrate, or two Justices of the Peace for the said Province, and shall, in addition to such imprisonment, be fined any sum not exceeding Ten Pounds, if such Magistrate or Justices sball think fit., who may in such case order that they be further impri.

"t-t8Lers wssds soned uutil sueh fine be paid: Provided that in case the ship

about t o depart apply-

ingtohsvetheircrews to which such seamen belong shall be about to depart immediately,

who are imprisoned,

such senmen zo be

and before the expiration of the term for which any of her sea-

taken on board.

men may have been imprisoned under the provisions af this Act, it shall be lawful for any Stipendiary Magistrate, or two Justices of the Peace for the said Province, upon application made to him or them by the master of such ship (who shall produce a certificate signed by the shipping master, to issue a warrant, directing the Gaoler or other oficer having the cus t~dy of sueh seamen, to deliver them up to euch inmter, in order to their being taken on board their ghip, and every such Gaoler or other offices shall thereupon deliver them up accordingly, notwithstanding the &er for their detention contaiued in any previous warrant.

Penalty for partiee

nia*gaeamen to leaw 33. When of the seame s aforesaid have 'been 13ent an

theif hips again, board by order of a Ju~tice of Peace, all persons aiding and assisting

3' 1

assisting such individuals in agai	ng their ship, shall forfeit and	Reguttions.
pay a penalty of Ten Pounds	individual; and if, after the
departure of any ship, any of	t~ shall be found in the said

Province, without the consen	aster of the said ship, such -	s idr$-o ddjr&
person shall fwfeit not less th	unds nor more thaii Twenty

Po~inds, or in default of p lprisoncd not longer than

"three months, with or wi or; and if after the de-

parture of any such ship,	en of such ship shall be
found in the said Provinc	er discharge, he shall be

liablc to a penalty of no &ve Pounds nor more than

Twenty Pounds, and be	not exceeding
three: calendar months, W

34. All silt, sand, mud, and other materials raised by the Marine sia, . , a , a.., +O a.

Board in perfornulace of their aforesaid duties, or otherwise, shall

Marine

be the property of the Board; and any person who shall remove or carry away any such silt, sand, mud, or other material, without the consent of the said Board, or who shall obstruct the said Board, or its officers or servants, in the discharge of their duties as aforesaid, shnll be guilty of a misdcmeanor, and shall be liable to in~prisonmeilt for any period not cxceeding onecalendar month, or to the payment of ,z penalty not exceeding Twenty Poundb.

35. No person shall excavate, dig, raise, procure, or load any fiegulationa to

n u l, sand, or other materials to be raised for ballasting ships, Ballast.

except the proper officer of the Marine Board department, or persons Regulating &c bd-

-

persons holding licences from the Marine Board to employ ballast

lighters, or other wssels to be employed in bdlasting ships from

or at any place withill the limits of any of the ports of the said

acting it1 their employment, or under their superintendence, or 1asti.g of w98els4 ballasting bv the Marine Board; mid whosoever shall contravene this enactmint shall, ou conviction of every such offence, forfrit and pay a penalty of Five Pounds.

36. In refipect of the supply of ballast as aforesaid, there shall ~ a u a a t due..

and may be levied for and in respect of any ship supplied with ballast, a rate or doe of Two Shillings for each and every ton of ballast so supplied, or such other rates and dues as may, from time to time, be appointed by the Marine Board.

37.. The following rules shall be observed with respect to Rules respeating

ballast: Provided that the said rules may, from time to time, be bdaat.

altered by the Marine Board, with the consent of the Governor in

Executive Council :-

*

(I.) No ballast lighters or other vessels to be employed in ballast-

iog ships with' silt, mud, sand, or any other material, shall

be allowed to be used without being licensed in the name

of

(11.) No bd1ast lighter or other vessel, employed in bdlasting ships, shall be entitled to a licence, udess she be legibly mGked at each end and on each side with white or yellow lines and figures, showing the displacement for every five (5)

tons weight on board such vessel. -

(TII.) The expense of measurement and marking ballast lighters, shall be borne and paid by the owner or owners of such ballast lightcrs, in addition to a f 6 x of One Pound sterling to

be ],aid to the Marine Board. J.

(IV.) Any master or owner of a ballast lighter refusii~g to allow the

Marme Board, or any person acting uuder its order, to inspect any ballast lighter, or renleclsure such lighter, or test the accuracy of the meashrement, of such lighter, or obstructing any person so employed, shall, on corlviction before any Justice of the Peace for thz said Pro~lnce, forfeit and pay a fine not exceeding Five Pounds to the Marine Board.

(v ) It shall be lawful for $he Marine.Roa~d, or any person acting

under its order, to direct when ballast lighters shall be measured, and the method in which the mcasuren~ent shall be made.

(vI.) A register shall be kept, open for the inspection of masters of

~hipn or others. of all licensed ballast lighters, their owners,

capacity, and mmes.

(VII.) Any persoD found supplying ballast to any vessel from any other than a licensed ballast lighter, shall, 611 conviction before any Justiee of the Peace for the said Province, forfeit nnci pay n

sum not exceeding Five Pounds to the Marine Board.

( ~ I I. ) It shall be lawful, on due proof being established to the satisfactkm of the Marine Board, of any attempt on the part of the master or owner of any ballast liihter holling a licence, to defraud auy master or owner of any ship, by altering the m & s or figure@ on such ballast li hter, or for any other suffi-

dent cause, to cancel or suspen such licence, a record of f

which shall be made in the register book of ballast lighters.

(IX.) Ballast lighters to be trimmed on an even keel: Masters of

ships having any complaint, to report tho same to the Marine

Board.

(X.)

The above rules will not apply to the transhipment of ballast

from one trading vessel to another.

(xr.) All comn~rroders of ships shall have power to inspect ballast

lightere before ballast be uuladen: Each ballast lighter to have two scuttles, one h a r d and one aft: Any master of a lighter

refusing to Bllow an master of a ship to examine such

fighter during her diw arging her ballast, or not Bumping out E

any water when requested so to do, shall, for each oflince,

forfeit

forfeit and pay a fine of One Pound, such otfence to be

recorded in the register book,

38. The following ships shall be exempt from a11 charges imposed charges-

by this Act, namely- What ahipa excmpt

W from charges.

All Her Majesty's ships of war, troop-ships, and all transports hired by Her Majesty's Government, but not merchant ships

freighted wholly or in part by the Government for the voyage	k y ', ? ~
to or from Port Adelaide.

All ships of war belonging to Sovereign Powers in alliance with

Her Majesty.

All ships belonging to the Royal Yacht Squadron, and yachbs or ships used solely for pleasure, and not engaged in trade or

the conveyauce of passengers for hire.

39. I t shall be lawful for the Marine Board, fi%xt time to time, Marine Roard may

as occasion may require, with consent of the Governcw in Execu- make and alterru'ras

tivo Cooucil at least o ~ e month before the same shall take effect, % & ' p

to vary and reduce and again to advance the said rates, not exceed- ing the several lnaxiinum rates specified in the Schedule here- unto annexd.

40. It shall be lawful for the Marine Board, with the consmt Marine Board may

of the Governor in Executive Council, from time to time, when- ma'"eratesfOrpilOtagC.

ever it may appear expedient, at least one month before the same

shall takc effect, to make and ordain such rates and charges for

pilotage, and other serviccx rendered, as may seem fitting? to

be levied for and in res ect of all ships arriving in, or departing

out of, any other port, har or, or roadstead in the said Province; alid

in like manner to vary and reduce, and again to advance such rates

and charges, not exceeding the rates and charges provided by this

Act,

41. All ships arriving at the ports or harbors of the said Regulatbrzs as to Gunpowder.

Province having gunpowder on board exceeding the quantity

necessary as stores for their use, shall forthwith hoist an union jack vcmols arriving +h unpowder to hoist

a t the main, and if any master or commander of any such vessel f~	-
nion Jack at the

shall offend herein, he shall forfeit and pay the sum of Twenty maie

Pounds,

42. The master of every ship arriving in the harbor of Port Ships I ~ I M I ~ ~ -

Adelaide, or in such other ports or harbors in the said Pro-	at Magazine*
vince, and within such distance from the Custom House of PO& Adelaide, or such other ports aforesaicf, as shall be from time to time ointed out by direction of the Governor for the time being,
by oicial notice published in the Governmen4 Gazette, shall iand,
in the manner direeted by this Act, at such magazine or ma azines as shall be appointed for the purpose by the Govenlor, a l gun- powder, exceeding thirty pounds in weight, which may be on board 7
such ship or vessel whether a8 cargo or stores.

13 4.3. The

Regalalions as to

finpowder. 48. The master nf every ship lying within sue11 distance as aforc- said in Port Adelaide, or in any other port or h ~ r b a r appointed as

PenaJ.t90n8~~8f0una

in port with gm-

sforesdd, at any time after the coming into operation of this Act,

powder.

oa board of which any gun owder, exceedin thirty pounds in wei+t,

for every additional pound weight of such gun owder so found:	s h d be found, shall be lia le to s fine o P Ten Shillings sterling,
Provided that twenty-four hours from the time o :zn&orage withiu r	such distance as aforesaid, shall be allowed to tlrc master of every

hip anchoring in Port Sdeldde, or any other port or llarhor as aforesaid, for the landing of all gunpowder exceeding the aforesaid, weight.

@malt7 on going

alongside Wharfe.

44. NO sbip shall be allowed to come alongside any wharf at Port Adelaide, or at any other ports or harlmrs appointed as aforesaid, until all gunpowder, elceeding thirty pounds in wci@t, which may be on board whetlier as cargo or stores, s3lall be hrsb londed as aforesaid; and every uiastcr or commafider of n ship who shall off'end herein, shall forfeit and pay a fine of One Pound sterling, for every additional pound weight of such gunpowder fonncl an board.

@unpowderon

to be repol-ted,

45. The master of every ship im ortiug gunpowder into Port Adelaide, or into any port or l ~ a r "l! o r as aforesaid, shall, vre- ,

viously tb the laudingwof iuch gunpowder for tlw p ~ o e e ot' b h g deposited in the Goverrimcnt m:~gazinc, report the same to the Marine Board; and so soon as the s a ~ m s l d l be reported, the Marine Board is hereby authorized to graut n permit or perniits to the master of such ship to land sach gunpowder, in order that tlic game may be deposited iu om of the Gouerti~uent lu;kgazines; and the said Mariw Board shall receive the same into its custody and char e, and a t e r in R book, to be kept for that purpose, the uaiue

together w i t h the partkxlars of the packages of gui~po~vder so ta bt4 of t f e master of such ship, and of' the importer or proprietor,

deposited.

e m p w d e r t o re-

rnovctE frod vessel to 46. Any gunpowder which may be so permitted to be deposited

Nagmine between the in the G ovemment magazines as aforesaid, be removed old

rruwt.

between such hours as may be appointed by the Maxiue BW$

from the ship in which the same may bc au imported, nud when

and so often as any quantity or quantities of gunpowder slxaU

be 80 removed, the same shall be brought direct from such ahip

to B U C ~ lace as may have beeu appointed for the landing of such

gunpow er, and thence to such magazines as aforesaid, by and at P the expcnse of the owner of the ship, or of the proprietor or

importer thereof.

B o a k c w i n g gun-	47. All boats wed for the	eonveTanee of gunpwder s h d ire
pqwder to be provided

with tarpaulins. provided wit& tarpaulins, and be properly- housed over, and any person who shall convey atiy gtlupowder in any boat uot so pro-

vided

vided with tarpaulins and properly housed over, shall fwfeit and

pay the suul of Ten Pounds for every such offence.

Pnckssges of gun-

48. All gunpowder removed in compliance with the terms of this

powder to be prop6rly

seourod without any

Act? shnll be in packages or barrels closely joined or hooped,	iron about them,
without any irou about them, and not containing in any one package
or barrel more than one huirdred pounds in weight, and the sald
packages or barrels shall ix: so secured that no part of the gun- powder can be scattered in the removal thereof, and in case of fhilure thereof, the Marine Board, or any other person 'who may rcnlove the same in its behalf, &all be and is hereby authorized and empowered to remove the contents of the said packages or barrels into secure or propcr packages or barrels, and to charge the expmse attending the same to the importer or proprietor thereof, and the said Marine Board niay retain the gunpowder so removed, until the said expense s l d l be yaid.

I

49. All applications for the delivery of the whole or any part of D e l i ~ e r y ~ f s u n ~ w d c ~ i out of Mngazinea.

the gunpowder so deposited in such magazine, as aforesaid, shall be made to the Rlarine Board, or person for the t h e being having the same in charge, who s l d ~ccordirlg~y. deliver the same at the magazine to the person properly a uthonaed to receive the same: Provided that ~ r o such delivery shnll be made, urltil all storage rent and other expenses which rimy have been incurred of a d con- ecruilrg the depositing such gunpowder, as itforemid, shall have been paid and discharged.

50. The storage rent and &er clinrges for the depositing of Re~ulat.ing storngc.

gunpowder in airy such mttga$ne, as aforesaid, and to be paid by rent.

the importer or proprietor of such g~eipowder, s l d l be at the

rates to be authorized bv the !Marine Board. with the consent of

the Governor in ~xecuti;e Council: ~rov idc i that it shw.11 bc lawful

for the Marine Board, at any time, by any order to dinriiiish the

, rate of such store rent stud other charges, and again to increase

them.

51. No gunpowder shall be landed after having been embarked	Government Magnzin~
Gunpowder from

from the Government magazines in any part of the harbor of Port	may be landed at the
Adelaide, or of the ports and harbors appointed by the Governor in	place appointed for
that purpose
the manner before directed, other than at such landing-pbee as may be appointed for t h t purpose by the Governor, or at any time other than between the hows of sunrise and twelve o'clock at moon, or between such hours as inay be, from time to time, appointed foi the purpose by the Governor; and any persoil or persons who shall land, or attempt to land any gunpuwder, contrary to the provisions of this clltuse, sllall forfeit and pay the sum of Two Shilliugs for for every pound of gunpowder so landed, or attempted to bo landed.

52. KO person, being a dealer in gunpowder, shall have or Dealers not to keep,

keep within any town or the suburbs thercof, in the mid Pro-	more than 1001Fs.
vince, at any oue time, more tlmn one hadred pounds weight	weight; and prsons

of

R-+?gutations

Gunpowder. fifty pounds weight of gunpowder, in any house, storel~ouse, of gunpowder, and not being such dealer or dealers, more thmr

outdtialersmorethsn warehouse, shop, cellar, yard, wharf, or building, or place, other

b l ' ' weight On their than such magazine, as aforesaid, on ail1 of forfeiting all the

yremisos in towns.

gunpowder beyond the quantity hereby a f lowed to be kept, and the

barrels or packages in which such gunpowder shall be, and,

also, any sum not exceeding Twenty Pounds for every such

offence,

&&ice, 011 oath, to 53. For the more easy discoverv of the keeping and carriage

issue a aearch warrant. of gunpowder, contrary to the p&vi&ons of this Act, it shall

be lawful for any Justice of the Peace for the said. Province,

vpon demand made and a reasonable cause assigned, upon oath,

by any person or persons, to issue a warrant or warrants u,nder his

hand for searching, in the dav time, any house, storehouw, ware- house, shop, cellar, yard, wlrarf, or other building or place, or ship or any vessel i s which gunpowder ia suspected to be kept, contrary to the provisions of thifi Act; and all gunpowder found upon search ta- be kept contrary to the provisious of this Act, and, also, the barrelsand

ackages in which the same is contained, sllall be imn~ediately seized

gy the searoher or searchers. who shall, with all convenient speed after

the seizure, remove the same 'to such proper places ss they, in c o n h -

mity with the restrictions of this Act, shall think fit, and may detain

L

such gunppwder, and the barrels nxrd packages containing the Pame,. until it sl~all be adjudged on a hearing bkfose m y two or morc such Justices, wllether the same shall be forfeited; and such searcher or searchers, seizer or seizers, shall not be liable to any suit fur such detention, or for any loss or damage which may happu, to,. such gunpowder, or barrels, or packages, other than by wilful acts of neglect of them, or of the persons with whom they shall trust tho keeping thereof.

Prov~ionstwt to ox- 54. The provisions of this Act sl~nll not extend to the keeping of

tend to gunpowder

belonging to Her Ma- g~npowdw ~t any storehouse, or a magazine, or on board of any ship

jetty, &c.	belonging to Her Majesty, Her heirs or successors, or to any foreign
niagazines under an order from the Governor, or under the controt ship of war, or to the carriage of gunpowder to or from the Queen's
and management of any officer of Her Majesty's mwy, navy, ar ord-
nance: Provirled that nothing herein contained ahnll be construed

* a + ~ ' ~ ~ ~ ~ ~ ma{.be

wppointed on s ~p

to prevent the Governor from%irne to time appointing magazines on

board.

ship board, to which the provisions of this Act shall apply in like

manner as to rnagazlnes on shore.

Gunpowder may hc 55. If the storage rent duc upon, and all otbw chargm and ex-

aold f o ~ payment of penses incurred in respect of any gunpowder lieretofore or hereafter

d chwgoe

to bc deposited in any magazine, subject to the provisions of this Act, shall not he paid within twelve moiiths after such gun- powder shall have been so deposited, or withirr one month after demand shall be made by the storeheper or other office^ appoiuted in that behalf', it shall he lawful for such storekeeper or other ofkicer

to cause such gunpowder, or so mud1 thereof ns may appear to be

ricccssltry

necessary to satisfy all such storage rent, and other charges and Regubtionr as tb

expenses, to be sold by public auction, after having been advertized

for one week in the Government Gazette, and the produce thereof shall

be applied first to the payment of such storage rent, and all other

charges and expenses as aforesaid, and the surplus (if any) shall be

paid to the importer, or proprietor, or other person duly authorized

to receive the same*

56. Nothing in this Act contained shall prevent any in- Permitsmay be ob.. tainad for landing

porter of gunpowder, who shall be certified by two Justices of the , ,

Peace for the said Province to have provided a suitable store or powder to private stores, under certain

magazine, being built of brick or stone, and having a lightning con- condition,

ductor thereto, and standing separate, and being at it distance of not

less than two hundred yards from all other buildings whatever and

from any public road, and not being within any towu or the suburbs

tbereof, from obtaining a permit for the removal of gunpowder im-

ported by him from the importing vessel to such store or magazine,

in like manner as he may to the Government magazine, subeject to the

terms and conditions imposed by this Act: Provided that such gun-

powder shall be landed and removed at such time and place and

under such regulations as t,he Marine Board, or the person acting

under its orders, may from time to time prescribe.

57. I t shall be lawful to convev at one time and in one carr ia~e Provisions as to the

U

any quantity of gunpowder not exceeding one ton in weight, and s'$$&$:rz$tg	all gunpowder, exceeding one hndred pounds weight, conveyed rlages.
a t one time in any cart or carriage, shall be carefully stowed in-& @&-
substantial wooden magazines. without iron fastening~ of anv kind.
lined with woolled sh'bcpskids, md the door of eveFy suck; mag$ zine, shall be secured by a lock, the key whereof shall not be in the custody of the conductors of the cart or carriage in which such magazine is placed, and the word 'l Gunpowder" shall be painted in letters not less than three inches long on at least two conspicuous places of such magazine, 80 ay to be easily seen and read, aid the owner's name and the number of such cart or carriage shall be
legibly painted on both sides there06 and every such cart or car-
riage shall be conducted or taken charge of by more than one
powder on any cart or carriage, or shd1 convey gnnpowder in any person; and whosoever shall convey any greater quantity of gun- such quantity as aforesaid, in any cart or carriage which shall
not be carefully secured in manner aforesaid, shall, on conviction,
forfeit and pay for every such offence, respectively, the sum of
Ten Pounds; and a11 gunpowder conveyed contrary to the pro-
visions hereof, with the craft, carriage, and animals (if any) convey- ing the same shall be forfeited.

58. If any conductor, or person having charge of any cart or Penaltsondrunken-

carriage conveying gunpowder in any such quantity as aforesaid, ,f&-iTeL	ness and misbehaviour
shall halt such cart or carriage within two hundred yards of any house whatever, or shall be found in a state of drunkenness, or riding on the shafts or on any part of such cart or carriage, or smoking while so employed, or guilty of any misb~hkviour likely

K3 to

to produce accident m danger to others, such person shall, on conviction, for every such offence, forfeit and pay a penalty of not lass than One Pound nor more than Five Pounds.

Regulations.	59. The following rules sbll be observed with respect to gun- powder: Provided that the said rules may from time be altered by the said Marine Board, with the consent of the Governor in Executive Council :-
(L) All ships arriving in the ports of the said Province having gun- powder on bmrd exceeding the quantity necessary a s stores for

%heir own use, shall forthwith hoist a union jack at the main;

and if any master or commander of tt vessel ghall &end	herein,
he shdl forfeit and pay the sum of Twenty Pounds.

(11.) Ships with gunpowder on board exceeding thirty pounds, are not to pass Lipson Beach," North Arm, without landing'

such powder.

(111.) Twenty-four hours iftefter anchoring allowed for landing the gunpowder at the appointed magazine; penalty for non-corn- pliance, Ten Shillings far every pound of gunpowder on board over thirty pounds.

(W.) No ship with gunpovder on board to go alongside any wharf under a penalty of One Pound for every poulrld of powder on board over thirty pounds.

(v.) Gunpowder to be landed or removed only between sunrise and sunset, or between such hours as the Governor may appoint by direet coume, at the expense of the prop~iietor or importer thereof.

(m,) Gun owder embarked from Govcrnment magazines not to be

lande except as directed by the precedin regulations, under ! c

a penalty of Two Shillings for every pouuf of powder.

Marine Board to be	60.	The Mbrino Board shall, after the commencement of this Act,
shipping office.

be the department wherein the business of the shipping offices &all be

conducted, and the same shall be there conducted accordingly; and in xespsct of such business, the Marine Board Office shall be deemed a shipping office, and the officer in the Marine Board, 00 whom such

.master, and the Marine Board may appoint persons to act as business is committed, shall for all purposes be deemed a shipping shipping masters at all the ports of the said Province.

Businem of such	61. It shalI be the general businesa of-&-d&ping	master
ofscee generally.

aforesaid to affor-es for

&er dutiels in respect of seamen as are hereby or may hereafter be

committed to t h m .

Fees payable on cn-	62.	Few @hall be payable upon e-ment	and @chr es
gagemen* and dis-

e k g e af seamen, which in m%umwe of tb&~.&t are to be effected, and upon +e

~tbes m- eh the gssistance of the shipping master shall be-

be required as hereinafter mentioned, and the Marine Board, Mu~ine Board to

with the consent of the Governor in Executive Council, shall	be &hippirag Ogce.
fix, and may alter the amount of such fecs, and shall cause scales thereof to be prepared, and to be conspicuously placed in the dlipping office; and the shipping master, his deputies, clerks, and servants may refuse to proceed with an en agement or discharge

\~lilcss the fees payable Bereon are first*

63. E	-	owner or master of a sLi	e n w in	or d i s c h a r e	Masters may pay fee8
and deduct part from

any crew or seaman in the shippbg g ce,*re* 774' the shipping wages,

master, shall pay the shipping master the whole of the fees herebv made payable in respect of such engagement or discharge, and mai, notwithstanding anything in any Act contained, for the purpose of reimtsursing himself, deduct in respect of each such engagement and discharge from the wages of all persons (except apprentices) so engaged or discharged and retain any sums not exceeding the sums to be specified by the Marine Board.

64. Any shipping master, deputy shipping master, clerk, or servant who demands or receives any remuneration whatever either	greater fees than
Penalty for taking
allowed by Act, or fur
directly or indirectly for hiring, supplying, or providing any seaman	acting as Shipping Xaster not being duly
for any herchant ship except the lawful fees payable under this Act	appointed.
shall for every such offence be liable to a penalty not exceeding Twenty Pounds; and any person acting as shipping master or agent, not having been appointed by the Marine Board, shall for every such oRence be liable to a penalty not exceeding Fifty Pounds.

65. w y master of a shi shall, on carr in an seaman a3way Agreement to be signed with seamen

from Port Adelaide, or ot ler the ports 7P S o province engaged at Port

as one of his crew, nnless t?12.sha11 be a legal agr$e- Adelaide.

ment dread sub istin< b e t w e e n i e n t e r into an agreement wlth

Frn in the *naGie r-mentioned; and every such agree- ment shall be in the form and cootaT~&e particulars now required by law, and shall be dated at the time of thefirst si~nature th&eof, a d shall be signed by the master before any seaman signs the same..

66. Eygg agreement shall be signed in duplicate^ by the- masfer, and by each seaman, in the .presence of the shipping-master, and	Agreement to be
signed in presence of
Shipping Master.
such shipping master shall cause the agreement to be read ovkr and	explaine&-toduch senmax1, or otherwis;! ascertain that such seaman
understands the same before he signs it, and shall attest each signa- ture; and one part of every such agreement shall be retained by the shipping master, and the other part shall be deliveied to the master.

6 7. &seam discharged at Port* Adelaide, or other the port8 Seamen to be dig-

of the said Province, shall be discharged and receive their wages	charged
of Bhipping in presence Mater.

t u e n c e of	appointed under the provisions
of this Act.

68. Upon the completion before the shipping master of any Uponaischar of seamen.mutua release8

discharge and settlement, the master or owner and each lseaman to	grwn. si
shall respectively, in the presence of the ~hipping master, sign s
mutual release of all claims in respect of the pastvoyage or enAaa-

IIIRLZ~,

*rincBOardahn	ment, in a form to be sanctioned by the Marine Board, and the
be Shiping O&e.	shipping master shall also sign and attest it; and auch release, so
signed and attested shall operate as a mutual discharge and settle-
ment of all demands between %he parties thereto in respect of the past voyage or engagement; and a copy of such release, certified under the harrd of such shipping master to be a true copy, shall be given by him to any person who may be a party thereto, and may require the same; and such copy shall be receivable i d evidence apon any future question toqching such claim as aforesaid, and shall have all the effect of the original of which it purports to be a copy; and in cases in which discharge and scttlemedt before the shipping master is required, no payment, receipt, settlement, or discharge otherwise made shall operate, or be adniitted as evidence of the relewe or satisfaction of any claim; and upon any payment being made by a master beforc the shipping master, the shipping master shall, if required, sign afid give to such master a statement of the whole aniount so paid, and such statement shall, as between the Inaster and his employer, bi? receivzd as evidence that he has made the payments therein mentioned.
Master to sign	60. Every master shall, upon any dischargc being effected before the shipping master, make a ~ s i g i i in duplicate, in a form sanctioned by the Marine b a r d, a report of the conduct, character. and of the &scliargeed, or may' state, in a column to be left for that purpose in t.he mid form, that he declines to give any opinion thereupon; and the shipping master s l d l retain ooe copy, and ddl, if desired so to do by any seaman, give to him, or endorse on his certificate of discharge a copy of so much. of such report as ccucerns him,
af conduct of seamen
dimlarged.

* II

Yastcr before dis-

charging scaman to	70. Every master shall, not less than twentv-four hours before master a full account, in a form sanctioned by the Marine Board, of his wages, and of all deductions to be made therefrom, or on any account whatever, and no such, deduction, except in respect of any matter as b~ppening after such delivery, shall be allow+t& unless a statement thereof is so made and delivered.
give atatemrnt of	paying off or diacliargiog 5 1 9 ~ seamatl, deliver to the shipping
wage8t0
Master, shipping

71. Any maskr or owner who, in any case in,wl~&h

a u e t t l e m e n t r ~ -. Y. - - C for -- w s e g . are her&-dirscteclto hr?

t h ~ = m a s t e r, discharges any scanirm, or settles wit,

his wages, 6 t m a e than is hereinbefore directed, shall for each offence, be liable to a penalty not exceeding Ten Pounds; and any master who fails to deliver such account as hereinbefore re- qui~ed at the time and in the manner hereinbefore directed, shall, for each offence, be liable to n penalty not exceeding Five Pounds; and every person who makes, or procures to be made, or assists in making, m y false certificate, or report of the service, qualifications, conduct, or character of any seaman, knowing the same to be false, or who fraudulently forges or alters, or procures to be forged or ~llterod, or assists in forging or altering, any such ce-itificate or report, or who so. fraudulently makes use of any certificate or

r report,

report which is forged or altered, or does not belong to him, for &fet~ m d ~ w

each offence shall either be deemed guilty of a rnisdemeanor, or	9faccC
shall be liable sunmarily to a penalty not exceeding Fifty Poundst
or to imprisonment not exceeding three month@, with or without
hart1 labor, as $be Court or a Justice hearing the case may t1Jnlr fit,

72. If soy seaman on or before being engaged, wilfully and ~ ~ p ~ ~ o ~ ~ ~ ~ f ~ ~ w

fraudulentlv makes a f a l ~ statement of the name of his last &it, or not exceeding $5. -

last allege$ ship, or wilfully and fraudulently makes a false s h e - merit of his own name, he shall forfeit out of the yvage~ he may earn by virtue of such engagement, a sum not exceeding Five Pounds, and such sum shall be paid to the Marine Board, to be by them disposed of as herein directed in respect of penalties.

73. It shall not be lawful for the Collector, Principal Officer, or NO v e s d t o h clc~red

if crew engagcd other?

any Sub-Collector of Customs to %y-- clear --- any ship until he shall have fhmugh

received from the Shipping Master, or officer under this Act, a hiu up ins of ice.

certificate to the effect that the requireyents of this Act have been

duly complied with.

74. The following rules shall be observed with rcspect to boats Boats for sea-wing

and life-buoys (that is to say):--	ships.
(I.) No deckcd ship (except ships used solely as steamtugs and

ships engaged in the whale fishery) shall nrocced to s s from any place within the said Province, unless she is provided, according to her tonnage, with boats duly supplied with dl.

requisites for use, and not being fewer in number nor less in

their cubic contents than-he Marine Board shall direct.

(11.) No ship carrying more than twenty passengers shall proceed to

.om any place in the said Province unless in addition to the

P furnished with all requisites for use, or unless one of her boats oats hereinbefore required she is also provided with a life-boat

hereinbefore required is rendered buoyant after the manner of

a life-boat,

(111.) No such ship as last-aforesaid shall procced to sea unless she *

And such boats and life-buoys shall be kept so as to be at all times is also provided with two life-buoys.

fit and ready for use: Provided that the enactrnents with respect

to boats and life-buoys herein contained shall not apply in any case in which a certificate has been duly obtained under the " Passengers Act, 1855 :" Provided also, that such boats and life-buoys are, upon, ,o,	18 and 19 Tic. c. 44,
examination, found to be in good order.

75. In any of the following cases (that is to say) :- Penalties OWIIQW, &C., on masters, neglect-

{I.) If any ship hereinbefore required to be provided with boats or ing and to life-bnoy~. provide boat9

life-buoys proceeds to sea without being so provided therewith, or if apy of such boats or life-buoys are lost, or rendered unfit for aenice in the course of the voyag through the wilful fault or negligence of theowner or master, or-

(11.) If in case of any of such boats or life-buoys being accidentally lost or injured iri the cowse_of the vov e, the master wilfully ne-

glects to replace or repair t h e d h e fimt opportunity, or-

& a (m*) If

&P*&- (3113 If+ such boats and W-buoys are not kept so aa to be at all

ueaba of &&G

5mes fit m ~ d ready for use.

dests.

Then if the owner appam to b.e in fttult he shall incur a pendty not exceeding One Hundred Pounds, and if the master apjears to be in fault, he shall incur a penalty not exceeding Fifty Pounds.

QBcers of Customs

not to dear dips not 76. No officer of Customs shall grant a clearance or transire for

eomplyidg with the any ship hereinbefore required to be provided with boats or with

p r ~ v i a i o n ~ life-buoys unless the same is duly so provided; and if any such ship

o to sea without such clearance or transire, any such

officer may attempts+?---- etain her until she is so provided.

Ruler, m to lights ;

meeting sad pmsing.

77. The following rdes shall be observed with regtlrd to lights

and fog signals (that is to say)--

(I). The Marine Board shall from time to time make regulations

requiring the exhibition of such lights by such classes of ships whether steam or sailing ships, within such places, and under such circumstances a$ they think fit, and may from time to time revoke, alter, or vary the same.

BB ULti~naas

1 igL mid fog B;+.	(IT.) The Marine Board may. if they think fit, make regulations re- quiring the use of such fog signals by such classes of ships, whether steam or s a i g ships, within such places and under such circumstances as they think fit, and may eom time to time revoke, alter, and vary the same.
(111.) All regulations made in pursuance of this section shall be pub- lished in the Gcwemment Gnxette, and shall come into operation on n day to be named in the Gazette in which they are pub- lished; and the Marine Board shall cause all such regulations

to be printed, and shall furnish a copy thereof to any owner or

master of a ship who applies for the same; and production of the Gazette containing such regulations shall be suffroient evi- dence of the due making and purport thereof,

(rv.) All owners and masters shall be bound to take notice of the

same, and shall so long as the same continue in force exhibit

enjoined by such regulations, and shall not exhibit any &her	places, in such manner, and under such circumstances as are such lights and use such fog-signals, at such times within such
lights, or use any other fog-signala; and in case of default the master or the owner of the ship, if it qpears that he was in fault, shall for each occasion upon which such regulations are infringed, incur a penalty not exceeding Twenty Pounds.

Rule as lo meet- 78. Whenever any ship, whether a steam or sailing ship, pro- ceeding in one direction meets another ship, whether n. steam or sailing ship proceeding in another direction, so that if both ships wme ta continue their respective courses they would pass so near as to involve any risk of a .&Esian, the helms of both sh ip shall be

ing as& other.

+dt to part,'ao~ h' to pass tin the port aide of &ch ether, and this

rule shall be obeyed "by steam-ship8 and by all.sa"rling ahips,

wbther on port bo~&iboerd .&K& rcnd .whether.close hauled or

~ e - a i ~ c m ~ ~. c m of the w e axe sach as tommder a &par-

-&%? ,&MiI *&@ JlW8

" . in ardm b.avaid-imnrdate danger, and

t subject

. I

and

subject also to the proviso that due rqpkd ah& be had to the dangers cention af aoci-

of navigation, and as regards sailing ships on the starboard tack,	d e ~ t s.
close hauled, to the keeping such ships under command,

79. Every steam-ship, when navigating any narrow channel, shall, whenever it is safe and practicable, keep to that side of the fairway	Rule for steamers in
narrow channels.

. or midhchannel, which lies on the starboard side of such steamship. 80. If in any case of collision it appears to the Court before If colhion onsuos from breach of the

which the case is tried, that such collision was occasioned by the	above rules, owner not
non-observance of any rule for the exhibition of lights or the use of	to bo wtitled to re*
fog-signals, issued in pursuance of the powers hereinbefore con-	cover.
tained, or of thc foregoing rule as to the passing of steam and sail- ing ships, or of the foregoing rule as to a steam-ship keeping to that side of a narrow channel which lies on the starboard side, the owner of the ship by which such rule has been infringed shall not be entitled to recover any recompense whatever for any damage sus- tained by such ship in such collision, unless it is shown to the satis- faction of the Court that the circumstances of the case made a departure from the rule necessary.
81. In case any damage to person or property arises from the non-observance by any ship of m y of the said rules, such damage	Breaches of fiuch rules
to imply wilful dc-
fault.
shall be deemed to have been occasioned by the wilful default of the person -V- in ---M- charge -- of the deck of such ship at the time, unless it is shown to the satisfa&on of ihe Court that the circumstances of the case made a departure from the rule necessary.
82. The follodng rules shall be observed with respect to the build of iron steam-ships, that is to say-	Build a& cquipmcnt
of steam-ships.

(I.)	Every steam-ship built i f iron in the said Province, the building	Tron steamers to be
divided by water-
of which commences after the passing of this Act, shall be	tight partitions.
divided by substantial transverse watertight pzlrtitions, so that the fore Gart of the ship shall be ~epagted* from the engine- room byone of such partitions, and -so that the after of such ship shall be sepaxated from the engine-room by another of

such partitions.

(11.) In such lastmentioned ships each such partition as aforesaid

shall be of equal strength with the side-plates of the hip, with

which it is in contact.

(111.) Every screw steam-ship built of iron, the building of which commences after the passing of this Act, shall, in addition to the above partition, be fitted with a small water-tight compart-

ment, enclosing the after extremity of the shaft.

83. No officer of Customs or otlier person shall grant s clearance officers of Customs not to grant certifl-

or transire for any iron steam-ship,G required to be divided or" fitted oates except etearner

as afarmaid, unless the same is so divided and fitted; and if any such ahip attempts to A, 0-0 to sea without euch clearance or t m i r e, any such officer m w detain her until she is so divided and

fitted; and if any steam-ship hereinbefore requlred*to be so divided

or fitted, or poes to sea without being so divided m fitted, the owner shall Incur a pendty not exceeding One Hundred

Pounds. 84. Steam

S@QY P* 84- Steam-ship &hall be provided as follows, .that is to say-

ve%dio~	qf am'-
dents.

---p	- (1.)	Every steamship, of which a survey is hereby required, shall be
Equipment of steam	provided with a safety-valve upon each boiler, so constructed
elzip.	;as t~ 'be out of the control of the engineer when the steam is
~afety-valve.	up, and if such valve is in addition to the ordiuary valve, it
shall be so constructed as to have an aroa niot less and a pressure
not greater than the area of and pressure on that $dve, '.

Cornpsr~a	to be ad-	(11.)	Every sea-goin~steam-ship, and every vessel built of iron, em-
justed.	ployed to carry passengers, shall have her compasses properly adjusted from time to time, such adjustment, in the case of ships surveyed as hereinafter mentioned, to be made to the satisfaction of the shipwright surveyors, according to such r e p - lations as may be issued by the Marine Board.

~ire-how, (111 .) Every s e a t e a p l - s h i p (unless uscd solely as a steam-tug) tinguisbing fire in any part of the ship, and capable of being connected with the engines sf the ship, shall be prov~ded with a how adapted for the purpose of ex,

Signals. (IV,) Every sea- oin steam-ship employed to carry passengers shall

be p o v i a t h e following means of making signals of dis.

$ress (that is to say)-Twelve blue lights or twelve port fires,

and one cannon with ammunition for at lease twelve cl~arges;

or, in the discretion of the master or owner of such ship. with

such other means of making signals (if any) ss may have pre-

viously been approved by the Marine Board.

for deck pm- (V,) Every home trade steam-ship employed to carr passengers b

wngera.

dTck passengers (if any) as the Marine Board, having regard to sea shall be provided with such shelter for tze protection oyf

the nature of the passage, the number of deck passengers to be carried, the season of the year, the safety of the ship, and the circumstances of the case may require.

And if any steamship as aforesaid p l i ~ w. , o ~ e s ta sea from any port

within the limits of the jurisdiction of the ~ - a ~ % T 3 o a r d, without

being so provided as hereinbefore require?, then, for each default in

fault. incur a penalty not exceeding Qne Hundred Pounds, and the	any of the above requisites, the owner shall, if he appears to be in
m&er shall, if he appears to be in fault, incur a penalty not exceed?
ing Fifty Pounds.

~ ~ a ~ t y

tor improper 85. If any person places Qn undue weight on the safety-vahe of

On aafet~-

xalve,

qny steam-ship, or, in the case of steam-ships surveyed as hereinafter

mentioned, increases such weight beyond the limits fixed by ~ u c h

engineer surveyor as hereinafter mentioned, he shall, in addition to

any other liabilities he may incur by so doing, incur a penalty not

exceeding One Hundred Pounds.

Marine BOW^ to a p

86. The Marine Board may, fiom time to tiwe, with the consent engineer-surveyors, within the jurisdiction of the Board, for the

@n"meyOm* @X the+ remunerati~ll, ".' o f t h e Treasurer, appoint persons to be shipwright-mmeyors and

ses of this Act, at s ~ h ports or places aa it think8 proper;

PU7"	"*
, aJ-V!

and may, from time to time, with such consent as aforesaid, remove Safob and pm-

Of

such surveyors, or any of them, and may, from time to time, fix and	denk.
alter the rates of remuneration to be received by such surveyors.

87. I t shall be lawful for the said surveyors, in the execution of their duties, to go on board any steam-ship, at all reasonable times, ~ ~ ~ Y ~ ; $ ~ ~ ~

and to inspect the same, or any part thereof, or any of the machinery, boats, equipments, or articles on board thereof, or any certificates of the master or mate, to which the provisions of this Act, or any of the regulations to be made by virtue thereof apply, not unnecessctrily detaining or delaying the ship from proceeding on any voyage, and if, in consequeilce of any accident to any such ship, or for any other reason, they consider it necessary so to do, to require the ship to be taken into dock, or to be hauled 'upon a slip, for the purpose of surveying the hull thereof; and any pcrson who hinders any such surveyor from going on board any such steam-ship, or otherwise impedes him in the execution of his duty under this Act, shall incur a penalty not exceeding Five l'ouslds.

88. The said surveyors shall cxccute their duties under the dircc- Marine Board to W- gulate mode of making

tion of the Marine Board, and such Board shall make regulations as to the manner in which the surveys hereinafter mentioned shall be made, and as to the notice to be given to the surveyors when sur- veyors are required, and as to the amount and pyment of any travelling or other exparses incurred by such surveyors in the exe- cution of their duties, and may thereby determine the persons by whom and the colditions under which such payment shall be made.

89. Every surveyor who demi~nds or receives directly or indirectly ~?~~~; ;~;~;; t ;" ;~

from the owner or master of any ship surveyed by him under the f a y.

provisions of this Act, any f'ee or remuneration whatsoever for or in respect of' such mrvey, otherwise than as the officer and by the direction of the Marine Board, shall incur a penalty not exceeding Fifty Pounds.

90. The owner or master of every passenger steam-ship shall cause Owner or hnvc survays made by

to

the same to be surveyed, at the times hereinafter directed, by one Shipwright and En-

of the said shipwright-surveyors and by one of the said engineer- $ ~ ~ ~ y ~ ~ ~ $; C; ; ~

surveyors so appointed as aforesaid, such shipwright-surveyor being, olaration.

in the case of iron steam-ships, a person who is, in the judgment of the

Marine Board, properly qualified to survey such hips; and such sur- veyors shall, thereupon, if satisfied that they can with propriety do so, give to such owner or master declarations as follows :-

The declaration of the shipwright surveyor shall contain state-

ments of the following particulars, that is to say:-

(I.) That the hull of the ship is sufficient for the service intended, and is in good condition.

(11.) That the partitions, boats, life buoys, ligbts, signals, compasses, and sheltzr for deck passengers, and the certificates of the

~8 master

Safaty and pm- master and mate or mate8 are such, and in mch condition, as

aeatiom of acci-

dents. required by this Act, or the Merchant Shipping Act of 1854.

(I.)

The time (if less than i x months) for which the said hull and

equiprnents will be sufficient.

(IV.) The limits (if any) beyond which, as regardg the hull and equipments, the ship is, in the surveyor's judgment, not fit to

P ~ Y

(v.) The number of passengers which the ship is, in the judgment

of the surveyor, fit to carry, distinguishing (if necessary) between

the respective numbers to be carried on the deck and in the cabin^, and in different parts of the deck and cabins; such numbers

20 be mbject to such conditions and variations, according to the

time of year, the nature of the voyage, the cargo carried, or

other circumstances as the case requires.

And the declaration of the engineer-surveyor shall contain stnte-

merits of the following particdare, that is to say:-

I.) That the machinery of the ship is sufficient for the service intended, and in good condition.

(11.) The .tirhe (if less than six months) for which such machinery will be sufficient.

(111.) That the safety-valves and fire-hose are such, and in such condition, as are required by this Act.

(IV.) The limits af the weight to be placed on the safety-valves.

(v.) The limits (if any) beyond which, as regards the machinery the ship is, m the surveyor's judgment, not fit to ply.

And such declaration shall be in such form as the Marine Board

directs.

mission of de-

claretion to M~rine 91, The said owner shall transmit such declaration to the Marine Board within fourteen days after the date of the receipt thereof

Board

penal@ far delsy. respectively, and in default shall forfeit a sum, not exceeding Ten Shillings, for every day that the sending of such declaration is delayed, and such sum shdll be paid upon the delivcry of the certificate hereinafter mentioned, i11 addition' to the fee pay able for the same, and shall be applied in the same manner as such fees.

ewveys and tram- 92. In all cases, where it is possible, the said half-yearly surveys

Times appointed for

Priaaianofdeclaration. shall be made in the months of April and of October, and the

declaration shall be transmitted on or before the thirtieth day of

April ilad the thirty-first day of October respectively; but if the

wJ[f l r~

owner or master of any pwenger gteam-ship is unable to have the same

s~urveyed in the mouth of April or October (as the case may be), either by reason of such ship being absent fiom the said Province during the whole of thwe periods respectively, or by r6ason of such

ship, or the machinery thereof, being under construction or repair,

or of such ship being laid up in dock, or for m y other reason

satisfactory

satisfactory to the Marine bard, then he shall havs the same s w So@y atad we-

veyed as aforesaid, as soon thereafter as possible, and shall transmit	zp fl	t~~~~
such declarations to the Marine Board, within fourteen days after the receipt thereof, together with a statement of the reasons which have prevented the survey of such ship at the time hereinbefore prescribed, and shall. in case of delay in transmitting the declaration, be liable
to a forfeiture similar to that mentioned in the last preceding
section.
issue

Act have been complied with, cause a certificate in duplicate to be 93. The Marine Board shall, if satisfied that the provisions of this ::$:Ed

prepared and issued, to the effect, that the provisions of the law with respect to the survey of the ship, and the transmission of declarations in respect thereof, have been complied with, and such certificate shall state the limits (if any), beyond which, according to the declarati~n

of the surveyors, such ship is not fit to ply, ard shall also contain a statement of the number of passengers which, according to the declaration of the shipwright qurveyor, such ship is fit to carry, distinguishing (if necessary) between the rcspcctive numbers to be carried on the deck and in the cabin, and in the different parts of the deck and cabins, such number to be subject to such conditions and variations, according to the time of year, the nature of the wyage, the cargo carried, and other circumstances as the case requires.

' residence of the ligh t-keepers.

(rv.) To vary the character of any lighthouse, or the mode of exhi- biting lights therein.

v.) To sell any land belonging to it.

VI.) To continue any existing lighthouses, buoys, moorings, or beacons.

Marine Board may

fix dues to be taken

152. Upon the completion of any new lighthouse, buoy, mooring, ~xecutive Council, fix such due; in respect thereof, to be paid by the

for new lighthot~ses.

or hacon, the Marine Board may, with the consmt of the Governor in

master or owner of every ship which pusses the same, or derives benefit therefrom, as it may deem reasonable, and may from time to time alter the amount thereof; and such dues shall be paid and collccted in the

same manner, by the same mcans, and subject to the same conditions

in, by, and subject to which the light dues authorized to be levied

by this Act are paid and collected.

BUOYE, moorenga,

and - Beacons.

p-

penalty for injuring 153. If any person wilfully or negligently commits any of the fol lowing offences, that is to say :-

lights$ in@, md buoys$ beecone.

(I.) Injures any lighthouse, or the lights exhibited therein, or any

buoy, mooring, or beacon:

(11.) Removes, alters, or destroys, any lightship, buoy, mooring, or

bewon:

(111.) Rides by, makes fast to, or runs foul of: any lightship or buoy.

He

He shall, in addition to the expenses of making good any damage so L~hthousea,	&c.	-h
occasioned, incur a penalty not exceeding Fifty Pounds.

154. Whenever any fire or light is burnt or exhibited at such a Board may

place or in such a manner as to be liable to be mistaken for a light plohibit f&e "ghU1

proceeding from a lighthouse, it shall be lawful for the Marine Board

to cause a notice to be served upon the owner of the place where

the fire or light is burnt or exhibited, or on the person having

charge of such fire or light, either personally or by delivery at the

place of abocle of such owner or person, or affixing the same in

some conspicuous spot near to such fire OF light, and by such notice

to direct such owner or person, within a reasonable time to be

therein specified, to take effectual means for the extinguishing or

effectually screening such existing light, and for preventing for the

future any similar fire or _light ; and any owner or person disobeying

such notice, shall be deemed guilty of a common nuisance, and, in

addition to any other penalties or liabilities of any kind thereby

incurred, shall incur a penalty not exceding One Hundred Pounds.

neglects for a period of sevcn days to extinguish or effectually screen may abate such lights. 155. If any owner or person served with such notice as aforesaid If not obeyed, thev

the fire or light therein mentioned, it shall be lawful for the Marine Board, by their servants or workmen, to enter upon the place wherein the same may be, and forthwith to extinguish such fire or light, doing no unnecessary damage; and all expenses incurred by such authority in such extinction may be recovered from such prson or owner, as aforesaid, in the same way as penalties are hereby directed to be recoverable.

156. In any of the cases follofving, that is to say:- Wreck.

Whenever any ship is lost, ab ned, or materially damaged, on or be imtt-

near the coasts of	the S	ovince of	South Australia:	tuted in cases of W-:eclt.
and casualty.

Whenever m y ship causes loss o materid damage to any other ship

on or near such coasts: 2 ., i-,“

Whenever, by reason of any caisualty happening to or on board of

any ship on or near such CO&& loss of life ensues:

I t shall be lawful for the Marine Board, or for any person appointed for the purpose by the Marine Board, to make inquiry respecting auch loss, abandonment, damage; or casualty, and he shall for that purpose have all the powers gived by this Act to Inspectors appointed El by the said Board.

157. If it appears to such	, or person as aforesaid, either F O ~ ~ I	inyestietio~1
Juaticee+

upon or without any such p	ry inquiry as aforesaid, that a
formal investigation is requ	expedient, or if' the Marine
Board so directs, he shall ap	two Justices of the Peace for

the said Province, or to a S Magistrate, to hear the case, and such Justices or Magistratd shall thereupon proceed to hear and

try the same, and shall for t*t purpose, so far as relates to the I aummaning

BS

m m n h g of pzt&iers, ttendance of witnesses, and

the regulation of the p m the same powers as if the

aame were a proceeding r rice or cause of complaint

upcrn which they or he h a summary conviction or

order, or as =F thereto as c stances permit; and it shall be

the duty of sueh officer said, to superintend the

management of the case, and to	such assistance to the said
Justices or Magistrate m is in hi	, and, upon the conclusion of
the case, the said Justices or M	c shall send a report to the
Marine Board, 'containing a full	nt of the case, and of thcir

or his opinion thereon,	report of, or extracts
from, the evidence, and	y) as they or he may
think necessary.

Power to-appoint

llatrtical assessor. 158. In cases where nauti kill and knowledge are required,

the Marine Board shall hav	power, either at the request of
such Susties or Magistrate,	S own discretion, to appoint some
permn of nautical skill an	edge to act as assessor to such
Justices or Magistrate, afi	essor shall, upon the conclusion
of the case, eitser signify his c	rrence in their- report by signing

the same, or if he dissents the	shall signify such dissent and
his reasons therefor to the Ma

Btlpen&ary Magis-	159, If it should so happen	at a Stipendiary Magistrate is a
trate to be the Magis-

trate who is member member of such board, all su in\;asLigations as aforesaid shall,

whenever he happens to be pres be made before such Magistrate.

Of

and the to Marine be paid.

Costs of

~ u c h investi- 160. The &d Justices or e may make such order with

gationa.

respect to the costs of an estigation or any portion thereof

as: they may deem just, a	costs shall be paid accordingly
.wd shall be recoverable in	manner as other costs incurred
in summary proceedings b	, and the Marine Hoard may,

if in an? case i t thinks f i	ay the expense of any such
investigation, and may	assessor as aforesaid such
remuneration as it think

Justices may require

the prodqction of cer- 161. Such Justices or: Magistrate as aforesaid may, if they t'nink

tificntea.	fit, require any master or mate possessing a certificate of competency
or service, ~vktose conduct is called in question, or appears to them

W / & 7 F-	iilrdy to be called in question in the course of mch investigation, to deliver such certificate to them, and they shall hold the certificate so
&4.ivexed until the conclusion of the investigation, and shall then

&..&.L- 4. &%%-#-& either return the same to such master or mate: or if the r q o r t is such

a-1 to enable the Board of Trade to cancel or suspend such certificate,

w H ~ & p m ~ ~ be mder the powers given to such Board by the Merchant Shipping Act

impounded.	I	of 1864, shall forward the same to the Board of Trade, to be dealt
with as suoh Board thinks fit; and if any master or mate fads so to deliwx his oertifica6e when so required, he shall incur a ges&y not exceeding F'ity Pounds,
Mariue Board Super-

tntendeitts of Wrecks, 162. me Marine Board shd, throughout the s& 3?rotPinee, have

$ ~ ~ & ' ~ ~ appbt the ge~eral superintendence of all matters-relating to weck, and it may

may appoint any officer of Customs, or when it appears to such	Wreck.
Board to be more convenient, any other person to be a receiver of wreck in any district, and to perform such duties as are hereinafter mentioned, and shall give due notice of every such appointment,

163. Whenever any ship or boat i~ stranded, or in distress at any ~ u t y ofreceiver wheq

any ship is str'mded,

place on the shore df the sea, or of any tidal water within the orin diatreas.

limits of the said 'Province, the receiver of the district within

which such place is sit,uate shall, upon being made acquainted with

such accident, forthwith proceed to such place, and upon his arrival

there he shall take the command of all persons present, aid assign

such duties to each person, and issue such directions as he may think

fit, with a view to the preservation of such ship or boat, and the lives

of the persons belonging thereto, and the cargo and appasel thereof;

and if my person wilfully disobeys such directions he shall forfeit a

sum not exceeding Fifty Pounds, but it shall not be lawful for such

receiver to interfere between the master of such ship or boat ar~d his

crew in matters relating to the management thereof, unless he is

requested so to do by such master,

164. The receiver may, with a view to such preservation as afore- Powere ~f receiyen.

said of the ship or boat, persons, cargo, and apparel, do the following

thing, that is to say :-

(I.) Summon such number of men as he thinks necessary to assist

him.

(11.) Rcquire the master, or other person having the charge of any

ship or boat near at hard, to give such aid with his men, ship,

or boats, as may be in his power,

(XII.) Demand the use of any wagon, cart, or horses that may be

near at hand.

And _any person refusing, witbout reasonable cause, to comply with any summons, requisition, or demand so made as aforesaid, shall, for every such refusal, incur a pe~lalty not exceeding One Hundred Pounds.

165. All cargo and other articles belonging to such ship or boat, AU nrticles washed oq

as aforesaid, that may be washed on shore or otherwise, be lost or ~ ~ ~ ~ ; & ~ ; ~ t ~

taken from such ship or boat, shall be delivered to the receiver; and to br delivered to the

any person, whether he is the owner or not, who secretes or keeps

possession of any such cargo or article, or refuses to deliver the same

to the receiver, or to any person authorized by him to demand the

same, shall incur a penalty not exceeding One Hundred Pounds;

and it shall be lawful for such receiver, or other person as aforesaid,

to take such cargo or article by force from the person so refusing to

deliver the same.

166. Whenever any such accident as aforesaid occme to any ship P ~ W C I. of receiver to

or boat, and any permn plmders, create8 disorder, or abstructs the disorder	suppwes by	pliindcr	forw. and
presexwatioa dmwh ship, boat, live$, or w g o Gllfo~esaid, it shall
be lawful for the receiver to cause such person to be apprehended,

W9

W ~ e c k.	and to u ~ e force for the mppressioa of any auch plundering, disorder,
ar obstruction as aforesaid, with power to command all Her Majesty's
subjects to assist kim in the use of such force; and if any person i s
killed, maimed, or hurt by reason of his resisting the receiver in the -
execution of the duties hereby committed to him, or any persan acting under his orders, such receiver or other person shall be freely and fully indemnsed as well against the Queen's Majesty, Her heirs afld successors, as against aU persons so killed, knaimed, or hurt.

Certain oEcera to

exercise powers of 167. During the absence of the receiver from the place where any

receiverinbab88nCB. S U C ~ accident as aforesaid occurs, or in places where no receiver has

been appointed under this Act, the following officers in succession, each in the absence of the other, in the order in which they are named (that is to say)-Any principal officer of Customs, or of the Coast Guard, or officer of Inland Revenue, and also any Sheriff or Justice of the Peace for the said Province, may do all matters and

-

things hereby authorized to be done by the receiver, with this excep- tion, that, with respect to any goods or articles belonging to any such ship or boat, the delivery up of which to the receiver is here- inbefore required, any ogcer so acting shall be considered as the agent bf the receiver, aad shall place the same in the custody of the receives ; and no person so acting as substitute for any receiver shall

be entitled to any fees payable to rece&ers, or be deprived, by reason

of his so acting, of any right to salvage, to which he would othex-

wise be entitled.

Power in cam of a	nhip 'being in distreea 168. Whenever any such accident as aforesaid occurs to any ship
to p m orer adjoining or boat, all persons may, for the purpose of rendering assistance to
l a d with csmagees such ship or Inoat, or saving the lives of the persons on board the

same, or the cargo or apparel thereof, unless there is some public road equally convenient, pass and repass, either with or without carriages or horses, over any adjoining lands, without being subject to interruption by the owner or occupier, so that they do as little damage as possible; and may also, on the like condition, deposit on such lands the cargo or other article recovered from such ship or boat;

and all damage that may be sustained by any owner or occupier in consequence of any auch passage, or repassing, or deposit, as afore-	said, shall be a charge on the ship, boat, cargo, or articles in reepect
of or by which such dwnage was occasioned.

Penalty on ownera and occupiers of land 169. If the owner or occupier of any 1miZ over which any person is

refusing to allow oar- hereby mthorized to pass or repass, for m y of the purposes herein-

nag-, &a., ta pnsa	before mentioned, does any of the following things (that is to say)-
orer their land.
(I,) Impedes or hinders any such person from so passing or repassing, with or without carriages, -horses, and servants, by locking his gates, refusing, upon request, to open the same, or otherwise however: (11.) Impedes or hinders the deposit of any cargo, or other article re- covered from any such ship or boat, as hereinbefore mentioned:
(111.) Prevent8 such w g o or other article from remaining so deposited

for

foC a reasoilable time, until the same can be removed to a safe	n e c k
place of public deposit:

H e shall, for every such offence, incur a penalty not exceeding One

Hundred Pounds.

170. Any receiver, or, in his absence, any Justice of the Peace Power of receiver to institute examination

for the said Province, shall, so soon as convenient.ly may be, examine to dips

upon oath (which oath they are hcrcby respectively empowered to i n t ~ s t r e ~

administer), my pcrson belonging to any ship which may be or may

have been in distress on the coasts of the said Province, or any

other person who may be able to give any account thereof, or of the

cargo or stores thereof, as to the following matters (that is to say)-

(I.) The name and description of the ship.

( r ~. ) The name of the master and of the owners.

(111.) The names of the owners of the cargo.

(W.) The ports or placcs from and to which the ship was bound.

(v.) The occasion of the distress of the ship.

(v~. ) The services rendered.

(vn.) Such other matters or circumstances relating to such ship, or

to the cargo on board the sune, as the reccivcr or Justice thinks

necessaiy.

And such receiver or Justice shall take the cxaminatian down in writing, and shall forward a copy thereof to thc Marine Board.

17 1. Any examination so taken, in writing, as aforesaid, or a copy Origin+ or c!~ified

thereof pnrporting to be certified under the hand of the reccivcr or ,, bitpri,zafacu copy of exammatron

Justicc before whom such examination was taken, shall be admitted evlden~a. in evidence in any Court of Justice, or before any person having by

law, or by conscrit of parties authority to hear, receive, and examinc

evidence as primd facie proof of all matters contained in such

written examination.

172. The followi~g rules shall be observed by any person finding Rules t o be observed by persons finding

or taken possession of wreck within the said Province, that is to say-

.) If the person so finding or taking possession of the same is the of the district, within which such wreck is found, stating, that he has so found ,or taken possession of the same, and he shall describe in such notice the marks by which such wreck is distinguished. owner, he shall, as soon as possible, give notice to the receiver

(11.) If any person not being the owner finds or takes possession of any wreck, he shall, as soon as possible, deliver the same to

such receiver, as aforesaid.

And anv person making default in obeying the provisions of this seitiotion, shall incur the following penalties, that is to say-

(m.) If he is the owner, and makes default in performing the several

things, the performance of which is hereby imposed on any

B 3 owner,

~ k c k.

owner, he shalf incur a penalty not exceeding One Hundred

Pounds.

(IV.) If he is not the owner, and makes default in performing the several things, the performance of rvhich is hereby imposed on any person not being an owner.

He s h d forfeit all claim to salvage.

H e shall *ay to the owner of such wreck, if the same is claimed, but

if the same is unclaimed, then to the person entitled to such

unclaimed wreck, double the value of such wreck (such value to be recovered in the same way as a penalty of the like amount), and

He shall incur a penalty not exceeding One Hundred Pounds.

Power for receivers to

lreige concealedwrel. 173. If any receiver suspects or receives jnformation, that any wreck is secreted, or in the possession of some person who is not the owner thereof, or otherwise improperly dealt with, he may apply to any Justice of the Peace for the said Province for a warrant, and such Justice shall have power to grant a warrant, by virtue whereof it shall br: lawful for the receiver to enter into any house or other place, wherever situate; and, also, into any ship or boat, and to search for and to seize and detain any such wfeck, as aforesaid, there found; and if any such seizure is made in consequence of informa- tion that may have been given by any person to the receiver, the informer shall Fie entitled by way of salvage to such s u m not exceeding in any case Five Pounds, as the receiver may allow.

Hoticeof mck	174. Eve*	receiver shall, within forty-right hours after taking
given by receiver.

possession of any wreck, cause to be posted up in the Custom House

of the port nearest to the place where such wreck was found or

seized, a description of the same, and of any marks by which it is

distinguished.

Ooods perish*

ahlo, or of small salue 175,. In cases where any wreck in the custody of any receiver is

may tse ~ l d	i-e.	under the value of five pounds, or is of so perishable a nature or so
iiiatdy.	much damaged, that the same cannot, in his opinion, be artvan tageoualy kept, or if the value thereof is not sufficient to defray the charge of warehousing, the receiver may sell the same before the
expiration of the period hereinafter mentioned, and the money raised
by such sde, after defraying the cxpensoo thereof, shall be held by the receiver for the same purposes, and subject to the same claims
for and to which tlke article sold would have been held and liable, if it had remained unsold.

Payments to be made

to receiver. 176. There shall be paid to all receivers appointed under this Act the expenges properly incurred by them in the performance of their duties, and such fees as may from timeto time be directed by the Marine Board; and the receiver shall have the same lien and be entitled to the same remedies for the recovery of such expenses and fees as a sdvor has or is entitled to in respect of salvage dui to him, but save as aforesaid no receiver appointed under this Act, shall, as such, be entitled to any remuneration whatsoever. 177. W henever

Disputes as to sums

177. Whe~ever any dispute arises in any part of the said Pro- vince as to the amount payable to any receiver in respect of expenses	payable to &ceiver t0 '
be dekrn~hed by
or fees, such dispute shall be determined by the Marine Board, whose	Marine Board.
decision shall be final.
17H. The Marine Board shall be the Dcpartment, af'tcr the com- mencement of this Act: for carrying out the provisions of	Marine Road to be
the department to

The carry out provibions.

Y ~ S S P ~ ~ C ~ S Act, 1855," and all powers, functions, and duties, hitherto exercised by the Emigration Officer or .his assistant, or, in their absence, the chief officer of Customs, by virtue of such Act, shall, after the commencemerit of this Act, be transferred to and vestcd in the Marine Board.

Liceneed shipa' eur-

179. I t shall be lawful for the Marine Board to determine the qualification to be required from persons applying to be licensed as surveyors of the hulls and cargoes of ships, whether in respect of their age, skill, character, or otherwise, to grant licences to such persons, and to make rewlations for the govern- veyora.

ment of such surveyors, and for insuring their goad conduct 53

and effectual performance of theu duty; and to fix the terms and conditions-of granting licences to such survevors, and to make regulations for punishing any breach of such regulations as aforesaid, committed by such surveyors, by a withdrawal or suspension of their licmces or certificates, as the - case may be, or by ihe infliction of penalties, to be recovered summarily before two Justices of the Peace for the said Province, so that no such penalty to be made epceed the sum of Twenty Pounds, and every such penalty bc capable of rcduc- .tion at the cliscretion of the 3 ustices by whoni the same is inflicted; and to fix the remuneration to be demanded and received by ships' surveyors licensed by such authority, or to alter the mode of remu- nerating such sarvcyors: And any person acting as such surveyor as aforesaid, without having received a licence from the Marine Roard, shall forfeit for every such offence, to be recovered in manner aforesaid, a sum not exceeding Twenty Pounds.

180. Examinations may be instituted for persons who intend to ins,ituted for Examinations shall be

become masters or mates of any sh ip trading within the limits O *

the jurisdiction of the Marine Board, or who wish to obtain certifi-

cates of competency, hereinafter mentioned, and the Marine Boar

shall, upon satisfactory proof, by examination of the competency of

such person, cause to be granted to him a certificate of competency,

t o the effect that he is authorized to navigate a ship.

Board shall direct, not exceeding Three Pounds; and the said sum 1 8 1. All applicants for examination shall pay sucli fee8 m the Marine ~ ~ ~ ~ s ~ ~ ~ ~ 3 ~ 2 ~ n

shall be equally divided among the officers examining sych applicant. ss;

Mcrubcr of Marine

182. W-here any member of the Maiine Board, not being the Presi- Board L ~ O ~ to sit in

deut, shall- have any complaint against any officer of the said Board, casts where hp ia	con~plainant.
such mcmber shall not sit as a member of the Boarcl on the hearing of such complaint; and shall not sign any recommendation for the

183. The

~unishment, fine, or dismissal of such officer.

Bard may me and

be aued in the name	183. The said Board may sue and be sued in the name of then sonal responsibility by reason of any contract, engagement, maker, or thing made, done, committed, or entered into in the execution
oftheir secretmy.	Secretary, and no member thereof shall incur any individual or per-
and performance of the matters by this Act authorized to be done.

may make by-

laws. 184. It shall be lawful for the Marine Board, with the consent of

the Governor in Executive Council, to make, alter, and repeal such

J	by-laws and regulations as to them shall seem meet, for regulating their own proceedings and for carrying into effect all matters and t.hings
by this Act authorized to be done, and also for establishing and fixing light, pilotage, steam-tug, wharfage, and other dues in the place of the dues heretofore existing by law, and to establish by-laws for the enforcement thereof, and any fines thcrehy imposed shall be recovered surnrnarilv in the mmc manner as though they had been imposed by this A&

dI'~licationoffees,&c*	185. All fees, dues, and other sums of money, received or levied under the authority of this Act, shall be paid to the Treasurer, for
the public use of the saiticWravince, and the support of thc Govcrn-

I rnent thereof, except where otherwise provided by this Act, either directly or by implication.

186. This Act shall be and bp construed as an Act relating to the

Act an A C ~ be relatin,o "nshed to the

custom, trade, and customs, trade, a ~ d navigation, and all rights, remedies, enactments,

navigation. and provisions of the laws for the time beirig in force witl~in the said Province, relating to the customs, trade, snd navigation, shall, so far as applicable nnd not inconsistent here&ith, apply to all persons and things, and to all forfeitures, penalties, seizures, and other proceed- ings under this Act, as if the same were expressly herein inserted.

of this Act

to apply to foreign 187. The provisions of this Act shall apply to all ships being within

h i p s, when within the jurisdiction of the Marine Board, so far as the same may be appli-

JUrisdiGtion the cable and in accordance with the ~ ~ s ~ - 5 f % @ I.mp&i1 AG

Marine Board. C-- W--q -V--. -- v - ---a m -4.

and not in contravention of the law of nations. or of anv treatv law-

fully subsisting between Her Majesty and any foreign power.'

188. The offences hereinafter mentioned shall be punished, and

Legal procedure, penalties recovered in manner following, that is to SRY-

" -

- -

Punishment of offences (I.) Every offence by this Act declared to be a nlisdemeanor, shall

and recovery 0of be punishable by fine ar imprisonment, with or without hard penalties. labnr, and the Court before which such offencc is tried may mske such allowances, and order such payment of costs and expenses (if m y ) as are payable or allowable upon the trial .of any misdemetlnor wder any existing Act or Ordinance, or as may be payable or allowable under any Act or Law for the time being in force therein.

(11.)	Every offence declared by this Act to be a misdemeanor shall
a180 be deemed to be an offence hereby made punishable by imprisonment for aay period not exceeding six months, with or

without

without hard labor, or by a penalty not exceeding One Hundred	L e g ~ - f p r o c ~ ~ ~ r e.
Pounds, and may be prosecuted accordingly in a summary manner instead of being prosecuted as a rnisderueanos.

(111.) Every offence hereby made punishable by imprisonment for any period not exceeding six months, with or without hard labor, or by any penalty not exceeding One Hundred Pounds, shall be prosecuted summarily before any two or more Justices of the Peace far the said Province, or in such other manner as may be directed by any Act or Acts that may be passed for like purposes; and all provisions contained in the said Acts shall be applicable to such prosecutions in the same manner as if the offences in respect of which the same are instituted were hereby stated to be offences in respect of which two or more Justices have power to convict sumharily, or to make a summary order.

(W. ) In all cases of summary conviction where the sum adjudged to be paid exceeds Five Pounds, or the period of imprisonment adjudged exceeds one month, any person who thinks himself aggrieved by such conviction may appeal to the next Court of full Jurisdiction, holden nearest to the place where such offence shall have been committed: Provided that sucb person shall

give to the complainant a notice, in writing, of such appeal,

and of the cause and matter thereof', within three days after such conviction, and seven clew days a t the least before such sitting of the said Court, and shall also either remain in cus- todv or enter into a recognizance, with two sufficient sureties, before a Justice of the Pence for the mid Province, con- ditioned personally to appear at the said Court and to try such appeal and to abide the judgment of the Court thereupon, and to pay such costs as shall be by the Court awarded, and upon such notice being given, and such recognizance being entered into, the Justice before whom the same shall be entered into shall liberate such person, if in custody, and the said Court shall hear and determine the mode of the appeal, and shall make such order therein, with or with- out costs, to either party, as to the Court shall seem meet, and	in case of the dismissal of the appeal or the asrmance of the	conviction, shall order and adjudge the offender to be punished
according to the cot~viction and to pay such costs as may be awarded, and shall, if necessary, issue process for enforcing such judgment.

.) All offences under this Act shall be punishable in any Court or

by any Justice of the Peace, or Magistrate in which or by

whom offences of a like character are ordinarily punishable, or in such other manner, or by such other Courts, Justices, or Magistrates as may from time to time be determined by my Act or Ordinance.

189. Any Stipendiary Magistrate shall have full powcr to do alone Stipendiary Ma&- bate to have m e

whatever two Justices of the Peace are by this Act authorized to do. p*= lul

tices.

S 3 190. For

LesaZprocedurq. 190. For the purpose of giving jurisdiction under this Act every Offence,wheredeemed offence shdl be deemed to have been committed, and every cause of

rmitted.	to have been corn- complaint to have arisen, either in the place in which the same actually was committed ur arose, or in any place h which the offender or person cbmplained against may be.
J ~ r i d i ~ t i ~ 1 0 ~ e r S h i p ~
lying off the coasts. 191. In all cases where any district within which anv Court, or Justice of the Peace, or other Magistrate, has jurisdicGon, either under this Act, or under any other Act, for any pnrpose whatever, is situate on the coast of any sea, or abutting in, or projecting into,

any bay, channel, lake, river, or other navibqble water, every such

Court, Justice of the Peace, or ,Magistrate, shall have jurisdiction over any ship or boat being on, E X lying, or passing off such coast, and within the limits of the said Province, or being in or near such bay, channel, lake, river, or navigable water, as aforesaid, and over all persons on bqard such ship or boat, or for the time being belonging thereto, in the same manner as if such ship, boat, or persons, were within the limits of the original jurisdiction of such Court, Justice, or Magistrate.

s e d c e to be good, if	192. Service of	any mrnmons, or other matter, in any legal yro-
mads personally or on

board ship.

ceeding under this Act shall be p o d service if made personally on the person to be served, or at his last placc of abodc, or if made by leaving such sumrnons for him on board any ship to which he may belong, with thc person k i n g or appearing to be in comtnand or charge of such ship.

#urns ordered to be

193. In all cases where any Conrt, Justice, or Justices of the Peace, or other Mdgistrate, has or have power to make an order directing payment to be made of penalties or other sums of money, then, if the party so directed to pay the same is the master or owner of a ship, and the same is not paid at the time, am3 in manner pre- scribed in the order, the Court, Justice or Justices, or other Magis- trate, who made the order, may, in addition to any other powers they W he may have for the purpose of compelling payment, ciirect

ledab" by

tress on ship.

the amount remaining unpaid to be levied by distress or pounding, and sale of the said ship, her tackle, furniture, ant1 apparel.

Application of penal-	194, Any Court, Justice, or Magistrate, im~osing	any penalty
ties.

under this Act, for which no specific application is herein provided,

may, if it or he think fit, direct the whole or any part thereof, to be

.

applied in compensating any person for any wrong or damage whieh he may have sustained by the act or default in rcspcct of which such penalty is imposed, or to be applied in or towards payment of the expenses of the proceedings; and subject to such directions or specific application as aforesaid, all penalties recovered under this Act shall go and be distributed, one moiety to the person who shall inform or sue for the same, and the other moiety to Her Majesty, Her Heirs, and Successors, for the public uses of the said ~rckince,, and the sapport of the Government thereof.

195. The

195. The time for instituting summary prwxxiiinga under this L ~ a ~ p ' o c e d u r c ~

Limitation of time in

Act shall be limited as follows, that is to my--

eurnrnarp proceedings.

(I,) No conviction for any offence shall be made under this Act, in any summary proceeding, unless such proceeding is com- menced within six months after the commission of the offence, or if both or either of the parties to such proceeding happen, during such time, to be out of the said Province, unless the same is commenced within two months after they both first happen to arrive or to be at one time within the same.

-

(IT.) No order for the payment of money shall be madc under this Act, in any summary proceeding, unless such proceeding is commenced within six month after the cause of complaint arises ;. or if both or either of the parties happen during such time to be out of the said Province, unless the same is commenced within six months after they both first happen to arrive or to be at one time within the same.

And no provision contained in any other Act or Ordinance for limiting the time within which supnary proceedings may be insti- tuted, shall affect any summary proceeding under this Act.

196. Any document required by this Act to be executed in the Document proved without calling attest.

presence of, or to be attested by any witness may be proved by the ing w~tnesses.

evidence of any person who is able to bear witness to the requisite

facts, without calling the attesting witnesses or any of them.

197. Whenever any injury has, in any part of the world, been Powcr o f Judge of Court of Record or

caused to any belonging to Her Majesty, or to any of Her A d n l d t i to orreet foreign ship that has

Majesty's subjects,, by any foreign ship, if at any time thercaf'ter such ,,c,sioned	damas.
ship is found in any port or river of the said Province. or within thr& miles of the said confit thereof, it shall be lawfit1 fo; the Judge of the Vice-Admiralty Court of the said Province, upon its being shown to him, by any person applying summarily, that such injury was probably ca&ed by the misconduct or want of skill of thc master or seamen of such ship, to issue an order directed to any officer of	Customs, or other officer named by such Judge, requiring him to	detain such ship until such timc as the owner, master, or consignee
thereof hath made satisfaction in respect of such iiijuiry, or has given security, to be approved by the Judge, to abide the event of any action, suit, or other legal proceedings that may be inetituted in respect of such injury, and to pay all costa and damages that may be awarded therein, and any officer of Customs, or other officer to whom such order is directed, shall detain such ship accordingly.

be made under the foregoing section such foreign ship will have applicationmade to 198. In any case where it appears that before any application can E;c"t',k;;z,".;?

departed beyond the limits therein mentioned, it shall be lawful to detain such fihip until such time as will allow such application to be made and the result thereof to be comrnuuicated to such Judge; and the Marine Board shall not be liable for any costs or damages in respect %

of

of such detention, d e w the same is proved to have been made

without reasonable grounds.

199. In any action, suit, or other proceeding in relation to such

~;ifi~;~;~~~;!

injury, the person so giving security, as aforesaid, shall be made de-

fendant or defender, and shall be stated to be the owner of the ship

that has occasioned such damage, and the production of the order of the Judge, made in relation to such security, shall be conclusive evi-

dence of the liability of such defendant or defendex to such action.

suit, or other proceeding.

SCHEDULE REFERRED TO,

HARBOR PILOTAGE DUES.

A table of t l ~ e dues and chlzrges payable to the Narrine Board for repairing on

board and appointing the place of anchorage of vessels entering Port Adeluide ; or jor the remooal of the same f ~ o m one place of anchorage or

mooring to another. These amounfs will include mooring and unmouring,

each ~emooal to be paid _fir separately when the distance a ship is removed exceeds the length of' the vessel moved, or u~hen a vessel is moved from the limits of one tu?ta?;f to another, but in all cases the f i s t removal to 2is charged

4uhntewr distance the v~ssel ?nay Le moaed. Vessels registered in the said

Province under $fty	tons, or while employed in the coasting trade of	the raid
Province excepted.

;E a, d.

For every vessel under 100 tons ......................................... 0 10 0 6 1 above 100 tons and under 200 tons 0 16 0

..................

I I 200 tons " 300 tons .......,.......... 1 5 0

I t " 300tons 400 tons ................. 1 15 0

I. < " 400 tons " 500 tons ................. 2 5 0

(6 of 500 and upwards ...................... .... ......... 3 0 0

- 6

Adelaide: P r W by authority, by W. 0.	Coz, Qopenunent Printer, Victoria-apuare,
T 3