Marine Board and Navigation Act 1881 (SA)

ANNO QUADRAGESIMO QUARTO ET QUADRAGZSIMO

QUINTO

A. D. 1881.

No. 237.

Mamne Board and Nasigaiion Act.

ANALYSIS.

PRELIMINARY. 5. Penalties for forgery of seal and fraudulent alteration of former.

Preamble.	6. General duties of Marine B&.
1. Short Title.	7. Control of Treasurer over Board.
2. Commencement.	i8. Lands may be leased for certain purpoaee.
3. Interpretation.	19. Marioe Board may authoriee erection of

4. Act not to apply to certain ships. wharves, &C., in any port, and may lease

6. Division of Act. wharves.

10. Marine Board may appoint inspectors.

11. Powen of Board, inspectors, and sweyora.

PART I. !2. Witnesses to be allowed expenses.

MGOaPORAPlON, CONSTITUTION, AND GENERAL Penalty for refusing to give evidence.

i3. Power to enforce attendance of witnesses.

POWEILEJ O F THE MAUINE BOARD.

M. Penalt for obstructing surveyors or inspectom

6. Abolition of existing Marine Board. in d e execution of their duty,

miaeible as evidence.

44' & 45' VICTORIAZ, No. 237.

7. Incorporation of Marine Board. i6. Marine Board may inspect documents and

8. Appointment of Wardens. muster crews.

9. Nomination of Wardens.	16. Penalty for refusing to produce documents, Cc.
10. Filling up of extraordinary vacancies.	$7. Board may make by-law8 and regulations.
11. QuaUcation of electors.

12. Li~ist of voters to be made out.

13. Revision of lists.	PART 11.
14. Re$sters to be produced.

15. Persons named m revised List ualified to vote. MIIBTERE AND SEAMEN,

16. Qualifications of nominated % ardons of the 38. Application of Part 11. Fishing vessels and

Marine Board. yacht0 partly exempt from Part 11.

17. Error in election not to vitiate acts of Marine -.

Board. dlercantile lllarine Ofleeu.

18. Warden of Marino Board not to hold office

under the Board. 39. Marine Board to establish Hercantile Marine

19. Powers of Marine Board to bo exercised Offices.

within one league to seaward. 40. Business of such offices generdy.

20. Board may appoint officers. 41. Fees to be paid upon engagements and die-

21. Certificates and documents purporting to be charges.

sealed or aigned in a given manner to be 42. Masters to pay fees, and to deduct part from

received in evidence, or marked with some wages.

dietinguishing stamp approved by the Board. Proviso as to excess.

22. Owners and masters of ships to use proper 43. Penalty on Superintendent of Mercantile

forms. Marine taking other remuneration.

3. Board may issue forms. 44. Dis emation of superintendence of Superinten-

24, Forms unauthorised by Board to be insd- lent of Memantile &wine.

Apprbntieestripa to tL &a his. 76. Malrter to deliver aoaount of wages.

46. Superintendents of wercantile Marine to 76. On diwharge, mastem ko give seamen certifi-

as&t in binding eprentioea, and mtry	cate of discharge, and return certificates
receive fees.	of competaaoy Or service to mates and
engineeis. -

46. Indentures of ho I# k u q d ap tice to sea 77, or Superintendent of Mercantile Marine

mvica to be dtn? by a ts"" uperinteaamt m y decide qusations which parties refer to

of Meromtile BBanne, a B p 4 Magis- thein or him.

trate, or two fudtices. 78. Masters and othem to produce ship's papers

47. Indentures of apprenticeehip to be in dupli- to Board or Superintendent of Mercantile

cate. and recorded. Marine, and give evidence.

48. Ap reitices and their indentures to be brought L o r e Supehtendet of 79. Settlement of wages.

Mercantile Xarine.	Belease to be signed before and attestod by
the Superintendent of Mercantile Marine,

49. Licence of persona to procure seamen.	To be discharge.
60. Penalty for supplying seamen without	And to be evidence.

licence. No other receipt to be a discharge.

Penalty for employing unlicensed persons.	Voucher to be	g i ~ e n	to master, and to be
Penalty for receiving seamen illegally sup-	evidence.

plied. 80. Master to make reports of character.

61. Penalty for receiving unauthorised remunera-

tion from seamen. Legal Rights to Wages.

62. Agreements to be made with seamen s h d contain certain particulars. 81. Right to wages and provisions when to begin. 82. Seamen not to give up certain rights.

63. Agreements with fishermen. And stipulation concerning salvage.

64. For f~rdgn-going shi s and interc~lonial ships 83. wages not to be dependent on the earning of

such agreementa w h made in the province, fr6ight.

except in special cases, to be made before, 84. I n case of death such wages to be paid as -

and attested by, a Superintendent of Mer- after-mentioned.

cantile Marine. 85, Wages .-- on termination of service by wreck or

To be explained to seamen, illness.

To be in duplicate. 86. Wages not to accrue during refusal to work

h G o n for aubstitutae. or imprisonment.

Extra expense for signing to be berm by 87. Period within wbkh wages sro to be paid.

ship.

66. Foreign-going ships or iatercolonial ships, making short voyages, may have running No& of Recovering Wages.

88. Seamen may sue for wages in a summarp

agreements. manner.

46. Engagement and discharge of seamen in the 89. Bestrictions on suit for wages in Superior

meantime. Courts.

6'1. Fees to be paid on such d g agreements. 90. Admiralty jurisdiction and suing in Superior

68. I n coast-trade abips agreements may be entered into before u Superintendent of	Courts.
As to claim exceeding S60 by seaman for

Mercantile Mmhe or other witness. wages.

69. Special agreementa for coast-trade ships belonging to same owners.	As to claim exceeding 550 by maeter for
wages and disbursements.
60. Penalty for shipping seamen without agree-	Proviso as to costs.

ment duly executed. 91. No seaman to sue for wages abroad, except

61. Changee in crew to be reportad. in cases of discharge or of danger to life.

62. Rules ss to production of agreementa and certificates of masters, mates, and engineem 92. Master to have same remediee for wages as

seamen.

of foreign-going hips and intercolonial Wages and E&tt of Deceased 8eamelz.

ships.

63. Rules ae to production of ageemnta and cer- 93. Masters to take charge of or sell effecta of

tificates for coat-trade ships. deceased seamen which are on board, and

64. Owner or agent of coaet-trade ships may enter into time agreementa.	enter the same, and wages due, in the
official log.

66. Alterations to be void unless attested to have boen made with the consent of all perties. 94. Such effects and wages to be paid to Super- intendent of Mercantile Marine, with full

66. Penalties for falsifying agreementa. accounts.

67, Beamen not to be bound to produce agree- 96. Recovery of wages, &C., of seamen lost with

ment. their ship.

68. Copy of agreement to be made accessible to 96. Penalties for not remitting or accounting for

crew. such moneys and effects.

69. Seamen discharged before voyage to have 97, Wages and effects of eeamen dying at home

compenaatim. to be paid, in certain cases, to Marine

70. Power of Court to rescind contract between Board.

owner or master and seaman or apprentice. 98. If less than $50, wages and proporty of

Allotment of rages.	deceased seamen may be handed over,
without probate or administration, to the

71. Regulations aa to allotment notea. persona entitled.

'12. Allotment notes in favor of cefEain persons. 99. Mode of payment under w i h made by

Allotment n o m may be sued upon with certain restrictions. munex1.

100. Provision for payment of j u t claims by creditors, and for preventing ftaudulent claim.

101. Mode of dealing with unclaimed wages of

deceased seamen.

74' biacharge from foreign-going ships and inter- 102. Punishment for forgev and fake representa-

colonial s h i p to be made before Superinten-	tions in order to o b t m wves & property
dent of Memntile Msrine.	of deoeased seamen. having

4 4 O & 45" VICTORIA?, No. 237.

Narine Board and Navigation Act-1881.

Leaving fieamen Abroad. Ofetaces of Seamen.

103. Forcing seamen on shore a misdemeanor. 145. Offences of seamen and apprentices, and their

104. No seamen to be discharged or left -abroad punishments.

without certificate of some functionary. Desertion.

105. Proof of such certificate to be upon the Neglecting or refusing to join or proceed to

master. sea, absence within twenty-four hours be-

106. W a es to bo paid when seamen are left fore sailing, and absence without leave.

befind on ground of inability. Quittine without lewe before s h i ~ is secured.

107. Such payment, if made in British possession,	Act of haohedience.
Continued disobedience.

to be made to seaman himself; if made out

of Her Majesty's dominions, to be made to	Assault on officers.
Consular Officer, who shall give a receipt.	Combining to disobey.

108. Dhtressed seamen found abroad may be re- Wilful damage and embezzlement.

lieved and sent home at expense of province. Act of smuggling, causing loss to owner.

109. Powor to sue for the amount advanced for C6. Survey of ships allegod by seamen to be un-

the relief of seamen left abroad. seaworthy.

L7. Compensation to seamen for unnecessary de-

Provisions, Health, and Acco?tzodation. tention on charge of desertion.

110. Survey of provisions and water on complaint L8. Entry of offences to be made in oBcial log,

made. and to be road over, or a cop7 given to the

11 1. Forfeiture for frivolous complaint.	offender, and his reply (if any) to be also
112. Allowance for short or bad provisions.	entered.

113. Rules for medicines, medical stores, and anti- $9. Seamen whom masters of ships are compelled

sclorbutics. to convey, and persons going i n ships

114. Masters to kcep weights and moauuros on without leave, to be subject ta penalties for 50. Deserters may be sent on board.

board. breach of discipline.

11 5. Penalty for selling bad drugs for ships. 51. Entries of desertion abroad to be indorsed on

116. E x ~ e n s e of medical attendance and subsistence agreement.

i i case of illness, and of burial in case of

death, how to be defrayed. 52. Facilities for proving desertion so far as con-

117. Seamen's expenses, in case of illness through cerns the forfeiture of wages or emoluments.

neglect of owner or master, to be paid by	53. Desertion and absence 4rithout leave.
them.	54. Cost of procuring imprisonment may, to the

118. Forfeiture of wages of seamen when illness extent of 23, be deducted from wages.

caused by his own fault. 55. Amount of forfeiture, how to bo ascertained

119. Board may appoint medical inspectora. when seamen contract for the voyage.

120. Medical inspuction of seamen.	56. Application of forfeitures.
121. Expenses, if paid by Consul, to be recoverable	57. Questions of forfeiture may be decided in

from owner. euits of wages.

58. Penalty for false statement as to last ship or

122. Place appropriated to seamen to have a certain name.

space for each man, and to be properly 59. Fines to be deducted from wages and paid to

constructed and kept clear. Sltperintcndent of Mercantile Marine.

Power of M a k i ~ g Complaint. 60. Penalty for enticing to desert or harboring

123. Seamen to he allowed to go ashore to make desertcr.

complaint to a Justice. 61. Penalty for obtaining passage surreptitiously.

124. Salo of and chargc upon wages to be invalid. 62. On change of masters, documents hereby re-

125. No debt exceeding 51- recoverable till end of quired to be handed over to successor.

service.

126. Penalty for overcharges by lodging-hous~ Deaths occurring at Sea or Abroad.

keepers. 163. Inquiry into cause of death on board.

127. Ponulty for detaining seamen's effects. Custody of Bocu~nents respecting Geamen.

128. l'ersons not to go on board before the fina 164, Superintendents of Mercantile Marine to

arrival of ship without permission. transmit and record documents, to permit

139. Penalty for solicitations by lodging-how inspotion, to produce originals, and to give

keepers. copies.

Rating of Seamen. O#ciat Logs.

130. Rating of seamen. 165. Official log-hooks to bu kept in forms sanc-

tioned by Marine Board.

166. Entries to 1)e made in due time.

131. Misconduct endangering ship, or life, or liml 167. Entries required i n official log-book.

a misdemeanor. Convictions.

132. Obligation of shipowner to crew wit1 Offences.

respect to use of reasonable efforts to secur	Punishments.
seaworthiness.	Conduct, &C., of crew.

133. Board may order inquiry.

Illness and injuries.

Marriages.

Court of Marino Inquiry. Deaths.

134. Constitution of Court of Marine Inquiry.	Births.
136. Court of Marine Inquiry to be a corporation	Quitting ship.
136. Duties of Court of Marine I n q u i r ~	Wages of men entering navy.
137. Quorum of Oourt of Marine Ixiqmry.	Wages of deceeaed seamen.
138, President of Court of Marino Inquiry	Sal9 of deoeased men's effects,
139. Judgment of Court of Marine Inquiry.	Collisions.

110. Powerrt of Court of Marine Inquiry.	163. Entries, how to be signed.
141, Clerk of Court of Marine Inquiry.	159. Penalties in respect of official logs.
142, Place of sitting.	170. Entries in official logs to be received i n evi-

143, Rules may be made. dence.

144, Certi5oatee to be delivered up. 171. Official

Marhe Board and Navigation Act.-1 881.

171. OiBcid logs to be delivered to Buperintendent Flrehose.

'of Marcantile Marine. Bignala.

172.	O I c W 1 9 s to be sent home in case of	trans-	Signals of distress and shelter for deak pss-
fer of &up, and in case of loaa.	sen era.

207. for improper weight on safety-valve.

PART 111.

BAFBTY, &ND PBaVBNI?ON OF ACCIDENTB. 8. Stearnshipe to be eurveyedtwice in each year.

Applicaiion to Pweign iships. 19. Board to appoint surveyors and fix their

173. App1ioation of Part m. of Act. remuneration.

0. Smeyora to have power to inspect.

Unssacaorihy Ships. 1. Penalty on surveyors receiving fees unlaw-

174. Sending unsesworthy ahipe to sea a misde- fully.

manor. ,2. Owners to have surveys made by surveyors,

176. Power to detain unsafe ships, and procedure md surveyors to give declarations.

for such detention. 13. Transmission of declarations to Secretary.

176. Enforcing detention of ship. Penalty for delay.

177. Penalty on taking detaining ofher to sea. 14. Times appointed for surveys and transmission

178. Constitution of Court of Survey for appeals of declarations.

179. Power and procedure of Court of Survey.	16. Board to issue certificates.
180. R u b for prooedure of Court of Survey.	16. Issue and transmission of ceficates.
181. Liabilitp of Board and shipowner for cost	17. How long certScates to continue in force.

and damagee. 18. Board may cancel certi6cates and require

182. Power to require from complainants security fresh declarations.

for ooots. 19. Certificates to be placed in conspicuous part of

183. Su lementary proviaion aa to detention of ship.

zp. 20. Ship not to proceed on her voyage without certificate.

Foreign Slips OverLa3ing. 21. Penalty for carrying passengers in excess of

184. Application to foreign ships of provieions ss number specified on certificates.

to detention. 22. Water and provisions.

dppal.4 on Befwa2 of curtaid Cmti$catea to 8hips.	,23. Forgery of declaration of certificate a misde- meanor.
185. Appala on refusal of certain cestificates ta	124. Surveyors to make returns of the build and

Apa. other particulars of steamship, and owners

&icntific Referees. andmasters to give informatiou for that

186. Reference in di5cult cases to scienac purpose.

peraons. !25. 8teamships with Board of Trade, colonial, or

foreign certificates may be exempted from

Cables and Anahw-B. survey.

187. No chain-cable or anchor exceeding 1681bs !26. Exemption of certain steamships from pro-

to be sold without being tested. visions with respect to survey.

188. Cables and anchors of alleged unseaworthj !27. Owner or master carrying passengers in an

ahipe. exempted steamship liable to penalty.

Shipr' Draught and Ckarsiae. !28. Masters and engineers of steamehips with

189. Shipa' draught of water and clear side to bc restricted certificates to hold certihatee of

recadd. competency or service.

190. Particulars to be entered in official log. 129. Panalty for not giving up cancelled certii-

Dock and Load Lines. catea in certain cases.

191. Mmhing of deck-lines.	Grain Cargoes.
192. Narking of load-lines on ships.

193. Marking of load-line on coeet-trade ships. 130. Stowage of grain cargoes.

194. Penalty for offence6 in'relation to marks 01 Deck Cargoes.

Ehips. 131. Space occupied by deck cargo to be liable to

duee.

196. Shipa to be properly equipped. 232. Description of deck cargo that may be

196. P d t i m on maetem and ownera, &C., neg carried.

lecting to provide equipmenb.

197. Ofacers of Cuetoms not to clear, ships na

complying with the above provimons. PART IV.

WRECXB, CABUALTIEB, AND BALYAQE.

198. Enactment of regulations concerning lightr

fog sign&, and &ling rules. Accidente.

199. Regulations to be published.	233. Accident6 to ship to be reported to Board.
2@0. Ownern and masters bound to obey r e p	934. Notice to be given of apprehended loss of

lations. ship.

201. Breach of regdations to imply wilful defaul

of person in charge. 236. Collisions to be entered in official log.

202. Liability for infringement of regulations i Inqwirise i ~ t o 8hippi~g Casualties.

case of collision.

203. Duties of masters in case of coKsion.	236, Inquiry ma be instituted by Board.
204. Inepectiondor enforcing regdatiom.	2a7. Inquiry be&e Court of Marine inquiry.
206. Penalty for wrongfully using sign& (	238. Pernon charged to have opportunity of

&g a defence.

distrws. 239. Cosh of such investigation.

3quipnsnta of G t m l i i p s. 240. Inquhiea relating to missing ship.

206, Equipment of Stemwhips. 241. Re-hearing of inquiries and investigations.

Bafety-valve. Wreck.

44' & 45' VICTORIE, No. 237. ---

Mmine Board and Navigation Act.-1881.

To make regulations for the government of pilots.

242. Appointment of receivers.	To make regulations as to lioenoee and certi-
243. Stink or stranded ships to be removed.	ficates.
244. Duty of receiver when any ship is stranded	To make pilotage compulsory at any port or

or in distress. ports other than Port Adelaide.

246. Powers of receiver in case of accident to To alter and reduce rate of pilotage.

any ship or boat. 282. Masters of f oreign-going and intercolonial

246. All articles waahed on shore to be delivered ships of sixty tone register and upwards,

to the receiver. and masters of coast-trade ships of one

247. Power of receivar to suppress plunder and hundred tons re ister and upwarde, to

disorder by force. employ a pilot at t o r t Adelaide.

248. Certain offlcers to exercise powers of receiver

in his abaence. 283. Masters of ships when within ten miles to disl-

240. Power, in case of a ship being in distrees, to play signal and facilitate pilot getting on

pass over adjoining lands with carriages. board.

250. Penalty on owners and occupiers of land 284. Signals for pilots.

refuslng to allow carriages, &C., to pass	285. Power to alter rules as to signuh.
over their land.	286. Pilot boats, how to be provided.

251. Power of receiver to institute examination 287. Characteristics of pilot boats.

with respect to ships in distress. 288. Duties of master of pilot boat.

252. Rules to be observed bp persona finding 289. aualified pilot to display flag, though not

wreck. pilot boat.

253. Power for receiver to seize concealed wreck. 290. Penalty on ordinary boat displaying pilot

264. Noticc of wrcck to be given by receiver. flag.

9 1. ~ e & t r ~ of pilot's licence.

255. Goods deemed nerishable, or of small value.

may be sold immediately. 92. Copies of regulations to be furnished to

256. Payments to be made to receiver. qualified pilot, and to be produced by him.

93. Qualified pilot to produce licence to employer.

257. Disputes as to sums payable to receiver to 94. Licences to be delivered up when required,

be determined by Boa~d. and returned on death.

268. I n case of wreck of foreign ship, consul to 95. Any person acting without licence liable to

be deemed agent of owners. penalty.

269. Foreign goods found derelict to bc subject to 96. Qualified pilot unable to board when entitled

the same duties as on importation. to pilotage.

260. Goods saved from ships wrecked to be 97. Allowance to aualified d o t when taken out

forwarded to the port of their original of his limits. *

destination. 198. Services of pilot not required after having

salvage. been demandcd to be p a d for.

!99. Penalty on qualified pilot demanding im-

261. Salvage in respect of services rendcred. prop& rates;

262. Salvage for life may be paid by Board. 100. Penalty on making false declaration 8s to

263. Disputes as to salvage, how to be settled,	draught or tonnage of ship, or falsifying
264. Receiver may appoint a valuer in salvage	marks.

CaS88. i01. Power of qualified pilot to supersede un-

266. Manner in which Justices may decide dis- qualified $lot.

putes. 302. Penaltv on unaualified Dersons actina aa pilots.

266. Costs of arbitration.	303. ~ccasibns on Ghich p&sons may acT as pilots.
267. Justices, &C., may call for documents and	304. Liability for and recovery of pilotage dues.

administer oaths. 305. Power of consignees to retain pilotage dues

268. Appeal to superior Courts. paid by thorn.

269. Justices, &C., to transmit copy of proceedingr

and certificate of value to Court of Appeal. 306. Of the offences by pilots.

270, Payment of salvage, to whom to be made ir 307. Yenalty on pilot endangering ship, life, or

case of dispute as to apportionment. limb.

271. Apportionment of salvage. 308, Penalty on person in charge of ship doing

272, Manner of enforcing payment of salvage. wilful injury.

273. Power of receiver to sell property salved i~ 309. Marine Board may revoke or suspend the

case of non-payment. licence of any pilot.

274. Subject to payment of expenses, fees, ant 310. Settlement of digerence aa to draught or

tonn-.ge of ship.

salvage, owner entitled to wreck.	31 1.	imitation of liability of owner where pilotage
irr compulsory. *+

275. Wreck unclaimed within a year may be sold

276. Delivery of wreck by receiver not to prejudic title.

277. Penalty for plundering in cases of shipwreck 312. Certificates of exemption to be granted to

for obstructing the saving of shipwrecket	masters of shi7)s re~istered in Australia or
New Zealand.

- -

property, and for secreting the same. 313. Master having certificate of exemption to

278. Penalty for selling wreck in foreign ports. hoiat white &R.

Salvage (General). 314. Power to susp&, cancel, and re-issue cer-

279. Voluntary agreement may be made. tificata

280. Powers for Courts having Admiralty juria diction to apportion salvage. PART VI.

Lighthourer, Buoys, and Beacons. '

PART V.

316. Management of lighthouses, buoye, and

Pilotage. beacons to be veated in Board.

281. To determine qudlfications of pilots. 316. Board may fix li~hthouse or mooring dues.

To make regulations as to pilot boats. 317. Liability

44' & 45" VICTORIR, No. 237.

Marine Board and Navigution Act.-1881. --

8 1 f, Lhbi l i~ to and m v b v R m v a l.

inpr d w. 546. Explosives to be made secure in proper

%h, Dues to be paid by packages,

not to be oleared S& or transfer to be reported to the ofEicer

receipt far due&

9110. Powers of consignee8 fo mower light or in charge.

347. ~ ~ storage rent. ~ ~ l ~ ~ b ~

n-8 dues paid by them. 348. Explosives may be sold for payment of

$$l. Paaaltp for iajuring lighta, buoys, and charges.

b w o m. 349. Quantity of explosives to be conveyed, and construction of carriages.

R.somtion of Palm Jiglifa. 350. Unlawful carriage of explosives.

8H. Board m&y pmhibit fslse lighte. 351, Explosives not to be carried in public vehicles

833, U not obeyed, ;Mesine Board may abate such 0; watermen's boata.

lighta. Licensing, #U.

62. Explosives only to be kept in authorised

PART VII.	69. &Sda may be licensed.
54. Licences for private magazines.
66. Licences to be granted.

C~wyilag Explosives.

56. Passenger steamships prohibited from carry-

324. Examinations to be i d t u t e d for mssters, ing explosives.

-tea, and engineem. 67. Explosive8 found on board ships may be

325. Certifiatea of competency to be granted to seized.

those who pssa. 68. Restrictions on carriage of explosives.

526.	Certain dips to carry certiscated masterrJ and	59. Penalty for miedescription of explosives.
matea.	,60. Power to refuse to carry packngee supposed

527. Steamships to carry certifiosted engineers. to contain explosives.

P28. Penaltier on frauddent use of certifloatea, I61. Power to throw overboard explosives.

&c. 162. Forfeiture of explosives improperly sent.

39% Form of c&catea, grsnts, cancellstion, &a.,

to be ncorded.

830. In cam of lm, a copy to be granted. 163. Expression explosives" include every sub-

331. Penaltie6 for fdse reprewntations. stance as defined herein.

For forging or altering.	i64. Board niay define and cla~sify explosivee.
Or fraudulently using or leading any certi-	165. Justice, on oath, to issue a search warrant.
ficate.	$66. Board may appoint inspectors of maga-

zines.

$67. Part VI I I. of Act not to apply to H.M.'s ships;

332. Certifioatae of service to whom deliverable. nor in any of H.M.'s magazines; nor to

Master foreign-going and intercolonial ships.	roakets, &C., on board ships; nor to expio-
Mate foreign-going and intarcolonial ships.	sives used by Her Majesty's forces.

&fmta+ ooaet-trade ships.

&rate coset-trade ships.

#&.er

river Btearnships. PABT IX.

$irst-c@s engineer.

Second-claes engineer. Legal Procedure.

Third-class engineer. 368. Act to be comtrued as an Act relating to the Customs, trade, and navigation.

369, Punishment of offences, and recovery of

PART VLII. penalties.

370. Offence, where deemed to have been com-

mitted.

371. Jurisdiction over ships lying 08 the coast.

Bhipnrent and Dischargs. 372. Sums ordered to be paid leviable by distresa

333. Veseela arriving with explosives to hoist on ship.

il4aoBc irt the main. 373. Application of penalties.

334.	8kps to hnd explosives at m p i i n e.	374. Limitation of tlme in summary proceedings.
Importer to give particulars of exploaivea.	376. Dooument proved without calling attesting

336. Penalty on #hip found in pi% with exploeives, witnesses.

336. Explosives on arrival to be reported. 376. Service of order on master.

337. Bxplosivee to be remwed from &p to maga- 377. Penalty on obstructing service on maater of

dme between such hours m Board may ahip.

appoint. 378. Power of Judge of Bupreme Court or

388. M t y on going alongside wharves. Admiralty to arrest fore& ship that ham

339. Explmivm to be landed at the p h e ap- occasioned damage.

poiated for the ~ ) u r p ~. 379, Power in certain cases to detain ehip before

840. Explosive8 not to be shipped within certain a plication made to Judge.

limits. 880. to be defetldanC to suit In such cmea.

341, Explosives embarked from magazines to bt

landed ss directed bp ~ c t.

342. &WIb carr;pin erplod~vea to be licensed snc PABT X.

lwmd nk" t,arpa&s.

W. &10sivea imported in pa~kage~ with, othei

rnarchsndh not duly marked, liable t~

381.

Penalties on drunk813 or disorderly passengers.

On

44' & 45' VTCTORIB, No. 2 3 1

On pereons molesting paswngers. 392. Board to be the department to carry out the

On persons forcing way on board. provisions of the Paesengem Batd.

Or refusing to quit the ship.	393. Lghts on worls.
Or travelling without paymg fare.	394. Shlpe damaging worka may be d e w until

Or wilfully going beyond proper dietame. damage paid for or deposit made.

Or refusing to quit ship on reaching his 395. Wharves, buoys, beacons, &C., not to be

deatinntion.	placed within jurisdictionof	Board without
Or not exhibiting ticket or receipt when	permirrsion.

required. 396. Penalty for neglecting to pry dues and not

382. Penalty forinjuring steamship or molesting observing regulations.

crew. 397. Oazatte to be evidence in cer* LXWW.

383. Manner of apprehending offenders.	398. Licensed ships' surveyors.
384. Penalty on persons refusing to give their	399. Reawes may be placed under control of

name and address. Board.

385. Power to refuse or remove passengers who 400. Exemption of Northern Territory.

are drunk or misconduct themselves. 401. Gavcrnor m y make regulations respeoting

lamps.

402. Powefa of Destitute Board i n m p c t of sea-

men.

386. Restriction on depoait of ballast or rubbish. 408. Repeal.

387. So far aa is consistent with safety, person In

charge of a ship must go to tho asistanceof

mother ship in distress. SCHEDULES REFERRED TO.

388. Corporation, &C., may grant sites for sailors'

homes. Schedule A,

389. Name of ship's managing owner or agent Schedule B.

to be registered. Schedule C.

890. Tonnage of British ship.

391. Tonnage of fwign shrps, and how to be echedule D.

ascertained. Schedule E.

An Act to consolidate and amend the Acts relating to the t r .:h$

Marine Board, and to amend the Laws relating 6 t j t ; i$y#

to Merchant Shipping and Seamen, and for other	bq/	81	/ Q 7
purposes.

[Reserved, November I&%, 1881.1 ., / B p

HEREAS it is expedient to consolidate and amend the Acts ~re.mble. $63 ..

W relating t o the Marine Board, and to amend the laws relating to merchant shipping and seamen-Be it therefore Enacted by the	&p a,
Governor of the Province of South Australia, with the advice and
consent of the Legislative Council and House of Assembly of the	said province, in this present Parliament assembled, as follows :

1, This Act may be for all purposes cited as the a Marine Board Short tideb

and Navigation Act, 1881."

2, This Act shall not come into operation until Her Majesty's Suspendinecla~"~ under 32 & 33 WC,,

11,

pleasure thereon has been publicly signified in the province, but ,,, which thia Act shall come into force. ,

after the signification of such pleasure the Governor may, by

3. In the construction and for the purposes of this Act, unless interpretatioon4

the same would be inconsistent with the subject matter or context, the words and expressions following shall have the respective meanings hereinafter assigned to them, that is to say-

'' Buoys and beacons " shall include 4.l other marks and signs of

the sea, : Cc Carriage "

8'	44' & 45' VICTORIW, No. 237.
Marine Boavd and Navigation Act,-1 881.

Carriage " shall include any wagon, cart, truck, vehicle, or other means of conveying goods or passengers by land, in whatever manner the same may be propelled:

a Collector of Customs " shall include the principal officer of

Customs for the time being in any port in the province:

Foreigngoing ship" shall mean any ship trading or going without the limits of the province, not being an intercolonial ship:

b6Harbormaster" shall mean the officer of the Marine Board charged with the administration of this Act at any port of the province, and of the Bylaws or Regulations made thereunder:

''Coast-trade ship" shall mean any ship trading and going between any ports or places in the province, excepting, however, that portion of the said province known as the Northern Territory; and shall, for the purposes of section 59 of this Act, include any ship trading on the River Murray or on any tributary thereof:

'' Intercolonial ship " shall mean any ship trading or going between

the colonies of New South Wales, Victoria, Queensland, New Zealand, Tasmania, or Western Australia, or that portion of the Province of South Australia known as the Northern Territory, and any place within the limits of the said province:

"Justice" shall mean any Justice of the Peace for the said

province:

c c Lighthouse " shall include floating and other lights exhibited for I

the guidance of ships:

Master" shall include every person (except a pilot) having command or charge of any ship:

Pilot " shall mean any person not belonging to a ship who has

the conduct thereof:

Port " shall include harbor, haven, roadstead, channel, and navigable creek or river:

'' Qualified pilot " shall mean any person duly licensed to conduct ships to which he does not belong:

"Receiver " shall mean any person appointed, in pursuance of this Act, Receiver of Wrecks:

'& Seamen " shall include every person (except masters, pilota, and	apprentices duly indentured and registered) employed in
aby capacity on board any ship:

6bSecretarv	" shall mean the Secretary of the Marine Board amohted under this Act, and sh&ll include any officer for
th6 time being duly autho&ed to act in that capadity:

Ship "

44" & 45' VICTORIR, No. 237.

Marine Board and Navigation Act.-1881.

" Ship " shall mean and include every description of vessel used in

navigation not propelled by oars:

Tackle," used in relation to B ship, shall include all furniture and

apparel thereof:

Tidal water " shall mean any part of the sea or river within the ebb and flow of the tide at ordinary spring tides:

G Wharf " shall mean and include any quay, jetty, pier, landing

place, platform, slip, basin, siding, dock? or other place at

which goods may be legally landed, loaded, or unloaded:

Wreck " shall include jetsam, flotsam, lagan, and derelict found in or upon the shores of the sea or any navigable river, lake, or tidal water:

'L The Board " or the said Board " shall mean the Marine Board

of South Australia as constituted by this Act:

a The Treasurer " shall mean the Treasurer of the said province:

Shipping casualty " shall include loss, aba,ndonment, collision, accident, damage, and grounding:

The Merchant Shipping Act, 1854," shall mean the Act of Parliament of the United Kingdom of Great Britain and Ireland bearing that name:

The Passengers Act, 1855," shall mean the Act of Parliament of the United Kingdom of Great Britain and Ireland bearing that name.

4. This Act shall not apply to the following ships, that is to ~ ~ ~ $ ~ ~ p l y

say-

I. Her Majesty's ships of war and troopships, and transports

hired by or on behalf of Her Majesty, not being merchant

ships freighted wholly or in part for the voyage to or from

South Australia:

11. Ships belonging to Sovereign Powers in alliance with Her

Majesty:

111. Ships belonging to the Royal Yacht Squadron, and yac2rts or ships used solely for pleasure and not engaged in trade or the conveyance of passengers for hire, except as hereinafter provided:

IV. Ships outfitting to or refitting from whale fisheries:

v. Ships belonging to or used in the service of the Government of the Province of South Australia, except in so far as the several sections of this Act may, by order of the Treasurer, be made applicable to vessels belonging to the said Government.

8, This Act shall be divided into ten parts, namely -- Division of ~ e t.

PART I.-Marine Board: its Incorporation, Constitution, and General

Functions: PART

B-237

44" & 45' VICTORIA, No. 237

Marine Board and Navigation Act.--1881.

P4w ~~.-Ma&exs and Seamen:

PART 1x1.-Safety, and Prevention of Accidents:

PART IV.-Wrecks, Casualties, and Salvage:

PART v.-Pilotage :

PART VI.-Lighthouses, Buoys, and Beacons:

PART	VII.-Examhations and Certificates of Masters, Mates, and
Engineers:
PABT	v111.-Explosives:

PART IX.-Legal Procedure:

PUT x.-~i~cellaneou$ Matters.

PART I. PART I.

INCORPORATION, CONSTITUTION, AND GENERAL

POWERS OF THE MARINE BOARD.

Exieting Marine

Board. 6. Until the first appointment of the President and Wardens of

the Marine Board of South Australia under the provisions of this Act,

the Marine Board of South Australia as her etof ore existing by virtue of the 'g Marine Board Act of 1860," and Acts amending the same, shall be the Board within the meaning of this Act, but upon such appointment shall be dissolved.

7, For the purpose of carrying into effect the provisions of this Act, there is hereby constituted a Board to be called the Marine Board of South Australia, t o consist of a President and seven Wardens, who shall be a corporate body and have perpetual succession, and of whom any four shall form a quorum. The said Board shall have a common seal, and shall have inscribed thereon the words "The Marine Board of South Australia," with such device as the Governor may approve. At all meetings of the Board the President shall have a deliberative as well as a casting vote.

8. The Governor shall appoint eight persons to be the President

and first Wardens of the said Board, and the said Wardens shall hold their: office for a period of three years from the date of the first appointment under this section. On the expiration of such three years, and on the expiration of every succeeding three years, the Governor shall in like manner appoint seven persons to be Wardens of the said Board, who shall hold their office for a period of three years.

9. One of the persons to be so appointed as a Warden shall be appointed on the nomination of the South Australian Chamber of Commerce, Incorporated; another of the persons to be so appointed as doresaid shall be appointed on the nomination of the Adelaide Underwriters' Association, Limited; and two of the persons to be so appointed as aforesaid shall (if duly qualified) be appointed on the nomination of the owners of ships as hereinafter mentioned; Provided that the nomination of each of the several persons so to be

appointed

44" & 45" VICTORIW, No. 237. li

- Marine Board and Navigation Act.-1881.

appointed as last aforesaid shall be certified to the Governor as regards

P ~ m

the South Australian Chamber of Commerce, Incorporated, under the common cteal thereof, countersigned by the persons for the time being authorised to use the common seal of the corporation; and as regards the Adelaide Underwriters' Association, Limited, under the hand of the secretary, for the time being, of the said association; and as regards the owners of ships, under the hand of the Collector of Customs for the time being. All such nomhations shall be made and certified to the Governor on or before a day to be named in a notice in the Government Gazette, signed by the Treasurer, calling on the said several bodies or persons to exercise their respective rights under this section before the day so named: Provided that if the said several bodies or persoris, o r any of them, shall fail to exer- cise their respective rights of nomination, whether under this or the succeeding section of this Act, before the days named in the respective notices mentioned in the said sections, such rights of nomination shall, for the time being, lapse, and i t shall be lawful for the Governor to appoint a Warden or Wardens, who shall hold office

during the same period, and in all respects as if he had been

appointed on the nomination of such bodies or persons so making

default as aforesaid.

10. The Governor may at pleasure suspend or remove the F ~ U P of*-

President or any Warden of the Marine Board, and any vacancy o r b a y vacancies.

caused by the removal of the President or any Warden by the Governor shall be filled up as hereinafter directed. Any casual vacancy caused by the death, resignation, or removal by the Governor of the President or any Warden shall be filled by a person appointed by the Governor. If the vacancy be cansed by the death; resignation, or removal of "a Warden appointed on the nomination of the South Australian Chamber of Commerce, Incor- porated, Adelaide Underwriters' Association, Limited, or the owners of ships, such vacancy shall, subject to the proviso of the last pre-

said bodies or persons respectively, as nominated the vacating	ceding section, be filled by a person nominated by such one of the
Warden; and in case of any such vacancy the Treasurer shall forth- with, by notice to be published in the Gf&ernment Gazette, call upon
such bodies or persons as may respectively be entitled to nominate a
.person to the vacancy to exercise their respective rights within a time to be named in such notice. Every person appointed Presi- dent or Warden of the said Board, in pursuance of this section, shall hold his office so long only as the vacating President or Warden in whose place he shall have bccn appointed would have held his office had no such vacancy occurred.

11. Owners of ships, whether individuals or bodies corporate, Qualifioatio* of

eleatm.

registered at the Port of Adelaide or other Port of Registiy that ia to say-every registered owner of not less than fifty tons

in the said province, shall have votes at the nomination of a

I in the whole of such shipping shall, at every nomination, have I

I one

12

P	44" & 45' VICTORIW, No. 237.
Marine Board and Navigation Act.-1881.

*

m e vote for fifty tons ; two votes for two hundred and fifty tons;

three votes for four hundred and fifty tons; four votes for seven

hundred and fifty tons; five votes for eleven hundred tons; six votes for fifteen hundred tons; and one vote for every five hundred tons above fifteen hundred tons owned by him, but the total number of votes of such owners shall not exceed ten; and for the purpose of ascertaining the qualification of such electors the follow- ing rule^ shall be observed, that is to say-iu the case of a ship registered in the name of one person, such person shall be deemed t~ be the owner; d in the case of a ship registered in distinct and wveral shares in the names of more persons than one, the tonnage rrhall be apportioned among the owners as nearly as may be, in pro- portion to their respective shares, and each of such persons shall be deemed to be the owner of the tonnage so apportioned to him; and in the case of a ship, or shares of a ship, registered jointly, without severance of interest, in the names of more persons than one, the tonnage shall, if it is sufficient, either alone or together with other tonnage (if any) owned by such joint owners, to give a qualification to each of them, be apportioned equally between the joint owners, and each of such joint owners shall be deemed to be the owner of the equal share so apportioned to him, but if it is not so sufficient,

the whole of such tonnage shall be deemed to be owned by such one

of the joint owners resident or having a place of business at the said P& of Adelaide, as is first named on the register; and in making

any such appointment as aforesaid, any portion may be struck off

SO as to obtain a divisible amount, and the whole amount of tonnage SO owned by each person, whether in ships or shares of or interests

in ships, shall be added together, and, if sufficient, shall constitute

his qualification. The words owner" or C C owners," " person" or

'"ersons," in this and the succeeding five sections shall be taken

to include a body corporate or bodies corporate.

of votrtra ta be 12. The Collector of Customs shall, on or before a day to be fixed

mgde out.

by the Governor by Proclamation in the Government Gazette, and on

the expiration of every succeeding three years, make out an alpha-

nomination of a Warden, containing the christian name, surname, and residence of each such person, or in the case of a body corporate the style or title of such corporation, and the number of votes to which he is entitled, and shall sign such list, and cause a sufficient number of copies thereof to be printed and to be exhibited in some conspicuous place at the Custom Housc at Port Adelaide, for two entire weeks next after such list has been made, and shall keep true copies of such list, and permit the same to be perused by any person without payment of any fee at all reasonable hours during the period last aforesaid.

betical list of persons entitled to vote by virtue of this Act at the

IbvihofUltrj, 15. The Special Magistrate presiding at the Local Court of Port Adelaide shall, within twenty-one days after the day fixed by the Governor, as mentioned in the last preceding section, and on the expimtion of every succeeding three years, revise the list described ..

44' & 45" VICTORIW, No. 237.

Marine Board and Navigation Act.-1881.

in the last preceding section, at the Custom House at Port Adelaide, I*

and shall give seven clear davs' notice of such revision in the Govern-

ment ~are&e, and by affixing's notice thereof on or near to the doors

of such Custom House, and shall make such revision by inserting in such list the name of every person who claims to have his name inserted therein, and gives satisfactory proof to the said Special Magistrate of such his right, and by striking out from such list the name of every person against the insertion of whose name therein a satisfactory objection shall have been established by proof to the Special Magistrate, adduced by any other person named in such list, and the decision of the said Special Magistrate with respect to every such claim or objection shall be conclusive. And the said Special Magistrate shall, immediately after the completion of such revision, sign his name at the foot of the list so revised, and such list so revised shall be the register of voters for nomination of a Warden of the said Board from the date of such revision until the next ensuing revision, and the said revised list, when so signed, shall be delivered to the Treasurer, who shall, if necessary, cause a sufficient number of copies thereof to be printed, and shall cause a copy to be delivered to every voter applying for the same, on pay- ment of a sufficient fee. For the purposes of this section, the said Special Magistrate shall have power to summon witnesses and administer oaths, and any person neglecting to appear after being so summoned, or refusing to be sworn, shall incur a penalty not exceeding Ten Pounds.

tame of the said Special Magistrate in revising the said list, produce duced. 14, The Collector of Customs, if required, shall, for the assis- be pmm

to him such registers, books, or documcnts in his possession or control

as the Special Magistrate may deem necessary,

15. Every person whose name is contained in wch revised list, P~WJM amma

and no other person, shall be qualified to vote at the nomination to vote,	revised liat qualified
Corporate bodies may vote by their secretary or other authorised	of a Warden of the said Marine Board by the owners of ships.
officers, and may in like manner do and execute all such acts, matters, and things as may be necessary or expedient for the purpose of being placed on the list of persons entitled to vote at the nomination of a Warden of the Board, and of objecting against the insertion of the name of any person in such list, and generally for the purpose of securing to such bodies corporate their rights of voting at the nomination of a Warden of the Board by the owners of ships.

16. No person shall be qualified to be nominated a W ~ r d ~ n by Q+ cations of

nummated Wardens of

the owners of ships unless his name is contained in such revised list, t6e	~, , r ~ d
and unless he is, at the time of nornifiation, the iegistered owner of not less than one hundred tons of shipping; and if any person shall, after his appointment, a t any time cease to be an owner of auch quantity of tonnage, such person shall be deemed to have resigned his seat at the said Board; Provided, however, that. the

shipowners

14 . ? * $ ,- 44" & 45" VICTOIIIE, NO.- 237.

l

Havine Board and Navigation Act.-3 881.

' A * -

shipowners may nominate a, master mariner one of their Wardens

' without such master mariner possessing the above qualifications;

And provided also that a member of any corporate body whose name is contained in the list of persons entitled ' to vote at the nomination of a Warden of the Board by the owners of ships shall be deemed to be qualified to be nominated a Warden of the Board if the proportionate amount of the whole tonnage belonging to the corporate body, of which he is a member, represented by his shares therein, shall amount to one hundred tons of shipping.

hwinelectimnot 17, No act, matter, or thing done by the said Board shall be

to vitiate acb of

Board.

invalidated or otherwise perjudicially affect#ed by reason of any irregularity or informality in the appointment of any Warden, or of

any error in the list of voters hereinbeforc mentioned, or any irregu-

larity in the making or revising of such list, or by reason of any

person acting ss a Warden who is not duly qualified.

wadmaf Boadto

hold office under 18, No Warden of the Board shall hold any office under the said

the Board. Board.

P O W ~	of ~ o s d	to	19. The powers, authorities, and jurisdiction of the Board shall
be

one league toseaward.

within extend and be exercisable in and over the limits of the said

arovince, and the dependencies thereof, and to the distance of one

iautical league to seaward from low-water mark along the coast line

of the said province or of such depeadehcies.

may appoint 20, The Board may, with the consent of the Treasurer, appoint;

offfoers.	and employ such Secretary, engineers, shipwright surveyors, engineer
surveyors, clerks, examiners, messengers, and other officers or persons,
except solicitors, at such reasonable salary, pay, or reward as to such
Board may seem meet, and may, from time to time, with the like consent, dismiss and discharge such officers or persons, or any of them, and appoint others in their place: Provided that the salaries 'or rewards of all persons appointed and employed by such Board

~ d e r the authority of this Act shall be annually voted by Parliament.

21. All documents whatever, purporting to be issued by or

cwifiahmddm*

mats purporting to

IIO WM or signed in under the direction of the Board, and purporting either to be sealed a given manner to be with the seal of such Board, or to be signed by the Secretary,

shalI be received in evidence, and shall be deemed to be issued or written by or under the direition of the said Board without further proof, unlh the contrary be shown; and all documents purporting

to be certificates issued by the Board in pursuance of this Act, and to be sealed with the seal of such Board, as aforesaid, or to be

nigned by the Secretary of such Board, shall be received in evidence,

rm& #hall be deemed to be duch certificates without further proof

l u l J e ~ the contrary be shown.

bwma aadmasten

atIh(plrtollnapr0p 92. In all matters to which this Act relates the owners and

form.

masters of shias shall use and employ the proper forms of notices, books, ahtm&t notea, certificates, returns, accounts, statement#,

rdeases, dbchsges, declarwtians, and licences, issded by or ander.

the

44" & 45" VICTORIA, No 232.

Marine Board and Nuvk~ation Act.-1 881.

-

the sanction of the Board, with such necessary alterations only as shall be requisite to effect the object intended. Such forms shall be sealed with the seal of the Board, or marked with some distinguish-

ing stamp authorised by the Board.

23. The Board shall, themselves, or by their servahts, or agents, Board may h u e

issue and sell, or otherwise distribute the authorised forms of docu-	forms.
ments mentioned in the last preceding section, or may appoint some person or persons to sell or distribute the same; and all such documents shall, if purporting to have affixed thereon or thereto the seal of the Board or othcr distinguishing stamp, be taken to be
in a form duly authorised without further cvidence.

Every such document which shall not be in a form authorised by the Board shall be inadmissible as evidence on behalf of any	Forms unauthorised
by Board to be
inadmissible as
owner or master in any civil proceeding in any Court of the	evidence.
province, and may be disregarded by the Board and their officers, who shall not be required to notice or act upon the same in any way.

24,

25, Every person who forges, assists in forging, or procures to be	Penaltiee for forgery
of eeal and fraudulent

forged, the seal of the Board or other disthguishing stamp as	alteration of forms.
aforesaid, or who fraudulently uses or alters, assists in fraudulently using or altering, or procures to be fraudulently used or altered, any form issued by the Board, with the view of evading any of. the provisions of this Act, or any condition contained in such form, shall, for each offence, be deemed guilty of a misdcmeanor.

26. The Board shall have within its jurisdiction :-

General dutioa of

Board.

I. The management and superintendence of all matters relating

to ports:

rr. The regulation of shipping nnd seamen:

rrr. The regulation of pilotage ancl the licensing, appointment,

and removal of pilots:

IV. The management and superintendence of lightliouses, buoys, and beacons, and such wharves, jetties, magazines, ships, dredgers, and barges, as may have been or may from time to time by notice published in the Government Gazette be placed under their control by the Governor:

v. The placing and removal of moorings:

v I. The establishment of light, jetty, tonnage, mooring, and

othcr dues:

YII. The regulation of, and granting and charging for licences to,

watermen, boatmen, ballastmen, and others:

VIII. The regulation of steam and other ferry boats, harbor and

river steamers:

IX. The regulation and control of all dockyards, which are, or may-

.. / V?

+! hereafter

& 45" VICTORIW, No. 237.

Marine Board and Nauiga tim Act,-- 1 8 8 1.

P a a ~ I: "

hereafter be, vested in Her Majesty, Her heirs and suc- cmsors, and the deepening and improvement of all ports:

X. The examination of, and issue of, certificates of competency or service to masters, mates, and engineers of ships:

And shall at all times furnish such reports, estimates, accounts,

voucher^, and documents, relating to any matter entrusted or proposed

to be performed by it, as the Treasurer shall, by any writing under his hand addressed to the Board or Secretary, from time to time require.

27. The Governor may, by regulations to be published in the

Tranfer ~oard to deprtment of

of Engineer-ia.~hid. Government Gazette, from time to time transfer any duty by the last preceding clause imposed upon the Board to thc department of the Engineer-in-Chief or of any other officer; and he, by writing under

his hand, may direct the Board to do, or abstain from doing, any act

which might otherwise be done by the Board, as may seem to him

advisable.

my *

for oertqin pmpam. .	28. The Marine Board may, with the consent of the Treasurer, erant leases of anv lands vested in them, which may not be otherwise ;kquired for the' accommodation of shipping, f& yards for ship- building, boat-building, storing of timber, storing of coal, erection
of workshops or foundries, or for other purposes connected with
shipping, subject to such rent reserved and such covenants, pro- visoes, and conditions, and for such term, not exceeding twentyone years, as may seem fit.
Board may authorise '
erection of wharves,	29. The Board, with the consent of the Treasurer, may grant adjoining any portion of any port in the said province, a licence to make anv wharf embankment, wall, or other work, immediately in front of k i s land and into the body of the said port, upon paymeit of such fair and reasonable consideration, and subject to such other

&C., in any port, and to the owner or occupier of any land fronting and immediately

may lease wharves.

the like consent may lease any wharf under their control for any conditions and restrictions as the Board think fit. The Board with	term not exceeding twenty-one years, and at such rent, and subject
to such covenants and conditions as may seem fit.

- m y appoint 30, The Board may appoint any person to act as an inspector

inspeotors.

to report to them upon the following matters, that is to say-

I, Upon the nature and causes ,of any accident or damages which any ship has sustained or caused, or is alleged to have sustained or caused:

11. Whether the provisions of this Act, or any regulations made

under or by virtue of this Act, have been complied with:

HI. And generally upon any matter whatsoever in relation to

which jurisdiction, authority, or power is by this Act

conferred upon the Board.

PO- of M, ia- 31, The Board, and any Warden or other person deputed to act

rpsdo?a# aed m- - . A .

v i. - 111

( ' 3 A

51 their behalf., and every inspector and sunkyor duly appomted,	- Pam I.
shall have and exercise the following powers, that is to say-

I. They may, at all reasonable times, go on board any ship or

vessel of whatsoever description, to which any of the pro- visions of this Act extend, for the purpose of exa;n"uiing the hull and machinery, and making any report thkreon required by the said Board:

11. They may inspect any boat's equipment, or material8 on board or belonging to any such ship or vessel to which the provisions of this Act extend:

III. They may go on board any such ship or vessel and inspect

the same, for the purpose of inquiring into or reporting U on the nature and causes of any accident or damage

w ch such ship or vessel has sustained or caused, or is L alleged to have sustained or caused:

IV. They may enter and inspect any premises the entry or

inspection of which may appear to them requisite for the

purpose of any report:

v. They may, by summons under their hand, require the attend- ance of all such persons as they may think fit to call before them on any inquiry or report authorised by the Board, and may require answers or returns to any inquiries they may think fit to make:

vr. They may require and enforce the production of all boo&s,

papers, log-books, certificates, accounts, agreements, or

other documents relating to such inquiry or report:

vrr. They may administer oaths, or in lieu thereof requke any

person examined to make and subscribe a statutbry

declaration of the truth of the statements made in his

examination.

32. Every witness summoned as aforesaid shall be .paid such expenses as in the opinion of the Board Warden, o; other person d6uted to act in their behalf, inspector or surveyor, wodd be allowed to a witness if attending upon subpena to give evidence before the Supreme Court, and no dispute as to the sufficiency of such expenses shall warrant, such witness in disobeying such sum- mons, or in refusing to submit to such examination; but such diepute gh811 be referred by the Board to the Master of the Supreme Court, who, on a request made to him for that purpose under the haqd of the Secretary, shall ascertah and certify the proper amount of such expenses; and every person who refuses to attend as a witness upon

any report or inquiry to be held under the provisions af this Act or t,

before any such inspector or surveyor, after having been req&$ so ta Bs m ma. "%

. \ X " I

to do in the manner hereby diqcted, and after having had q tetideTl made to him of the expenses (if any) to which he i s ehtiiiedf +S'

aforesaid, or who refuses or neglects to make any ad&, or td &&

C437 8ny

44' & 45' VICTORIW, No., 237.

Marine Board and Navigation Act.-1881.

any return, or to produce any document in his possession, or to make or subscribe any declarations which any such inspector or surveyor is hereby empowered to require, shall for each such offence incur a penalty not exceeding Twenty Pounds.

Power to enforce

attendancm of wit 33, If it shall upon oath be established to the satisfaction of any

Ju~tice that any witness who has been summoned to attend upon

n-.

my report, investigation, or inquiry under this Act is about to quit

the province, or refuses to attend upon such report, investigation,

or inquiry, or that any person believed to be a material witness upon any such report, investigation, or inquiry, is evading service of any summons, or that it is probable that any such person will not attend to give evidence without being compelled so to do, it shall

be lawful for such Justice by warrant under his hand to require

all peace officem to bring up such wituess or person upon such report,

investigation, or inquiry, and in the meantime to lodge such witness or person in Her Majesty's Gaol at Adelaide, or in such other gaol as may be named in the said warrant, unless and until he shall have given sufficient security by way of bond or recognizance to the satisfaction of a Justice to secure his attendance.

Penalty for obahuct-

&Tinrpectorem	34, Every person who wilfully impedes any such inspector or
eurvepora in the

execution of their	surveyor appointed as aforesaid, or any Warden deputed by the Board,
duty.	or any person on whom by this Act the powers of an inspector or
surveyor are conferred, in the cxecution of his duty, whether on
board any ship or elswhere: shall incur a penalty not exceeding Ten Pounds, and may be seized and detained by such inspector, surveyor, or other person, or by any person or persons whom he may ckll to his assistance, until such offender can be conveniently taken before 'some Justice or other officer having proper jurisdiction.

Yarine Board may

inspect documents 36. The Board may exercise the following powers, that is to

and mueter crews. my-

I. They may require the owner, master, or any of the crew of any ship to produce any log-books or other documents relating to such ship or her crew or any member thereof in their respective possession or control:

rr. They may require any such master to produce a list of all

persons on board his ship, and take copies of such log.

books or documents, or of any part thereof:

1x1. They may muster the crew of a iy such ship:

IV. They may summon the master or any seaman to appear and

give any explanation concerning such ship or her crew,

oi the said log-books or documents.

36. If, upon requisition duly made by the Board, any person

refuses or neglects to produce any such log-book or document as

he is hereinbefore required to produce, or to allow the same to be

inqemd or copied as aforesaid, or impedes any such muater

l of

44' & 45" VICTORIE, No. 237.

Murine Board and Navigation Act.-1881. ,

of a crew as aforesaid, or refuses or neglects to appear or give any	I.
explanation which he is hereinbefore required to give, or knowingly misleads or deceives the Board, he shall for each such offence incur
a penalty not exceeding Twenty Pounds.

37, The Board, with the consent of the Governor, may confirm, ~Y-IIAWS Boardmy and

repeal, or vary wholly or in part, any by-laws or regulations hereto- ,gulstiom.

fore in force under any of the Acts hereinafter repealed, and may v & -

U(, -.*c 3 ujl h/'>/ /$v7

make and afterwards from time to time alter and repeal mch by- # V /

*. ,r , , ' 1

laws and regulations as to them shall seem necessary for the follow-

ing purposes-

For the management and conduct of their meetings for the dis- patch of business; for the control, supervision, and guidance of their officers, and of all other officers over whom, by virtue of this Act, they have control:

For the receipt by and discharge from ships of ballast in any port or place in the said province; for the licensing of owners of ballast lighters; and for fixing the places in any such port where such ballast shall be excavated or raised:

For the carriage and storage of explosives in steamships and pas-

senger ships:

For the safe disposal of explosives arriving within the said province; for the protection of any port from damage by reason of any such explosives; for licensing boats and carriages for the removal of explosives; for fixing or licensing magazines, either afloat or ashore; for fixing the quantity and determining the nature and mode of storage of explosives which may be placed in any such magazine; and for fixing fees to be paid for any certificate, licc~ce, or other document issued under the Eighth Part of this -4ct:

For providing the necessary forms of notices, books, certificates, ret.uxns, agreements, statements, discharges, declarations,	licences, and other documents and forms authorised or
required by this Act:

For the shipment, transhipment,. and discharge of explosives, and for the conveyance to, receipt at, or delivery from or storage in, any Government or other magazines, either afloat or ashore, of any explosives:

For the management and conduct of the business required to bo carried on at the Mercantile Marine Offices, and for the government of the officers thereof:

For the engagement and discharge of seamen:

For prescribing and regulating the lights and signals to be carried by any ship within the limits of any port, and for the better prevention of collisions within such limits; for the usc of distress or other signals; for the use by ships and boats of

lights,

44' 81: 45" VICTORILE, No. 237;

Uqfi~e Board +. and Navigation Act.-$881.

Er the naa of lights and the employment of watchmen on board

ships and- boats when moored or anchored in any port or at

my wharf; and for regulating the communication between

ve* or between wharves and vessels by means of gaag-

ways or otherwise:

For the ca;rriqe of animals and the provision of sbelter for qeck h -

-pldspni;'ets on board b e any intercolonial or hamo-trade- ship L. i r :

For regulating the proceedings and the performance of the duties

of shipwright surveyors, engineer surveyors, and inspectors:

the survey of ateamships by engineer surveyors and ship-

- a R h t surveyors; for fixing and appointing the time, places, and. manner of making such surveys; for fixing the fees, travelling or other expenses, to be paid in res ect of such t~wveye ; and for detehnining the persons by W 1 om and the canditio~~s under which such payments shall be made:

For the regulation of pilotage, and for appointing pilot stations,

and for regulating the conduct and management thereof: +

For appointing the place or places where such pilots shall board, and take charge of ships entering, intending to enter, or dkparting from, any port in the said province:

For regdating the issue of licences to pilots, and for ensuring the good conduct and ability of the holders of such licences:

For the examination of and issue of pilotage exemption certificates

to masters of ships:

For regulating the conduct, management, superintendence, and

protection of al l lighthouses, buoys, beacons, jetties, sea and

other harbor works, and other sea, river, or harbor marks:

Tor *. the mooring, unmooring, or removal of ships in any port in

the said province:

For the licensing, control, and management of steam or other ferry boats, and all boats plying for hire either for goods or paweagers;

For preventing the improper and unauthorised use of boats and vessels, and for preventing damage and trespass to boats and vesseb and t l ~ e gear and tackle thereof, whether afloat or a+ore:

For the granting, and suspension or withdrawal, of licences to watermen, boatmen, harbor pilo$s, bargees, and others, and for fixing the fares or other remuneration to be charged or received by such watermen, boatmen, harbor pilots, bargees, . "

or 0tlBers:

For fixing and coUecting .r warehouse, S, jetty, to~nage, mooqing, A + and

otha

44' & 45" VICTORIA?, No. e37.

Marine Board and Xuvigation Act.--1881.

other dues, and from time to time altering, increwiag, or	E?AYLZ I.
diminishing the same:

Fqr regulating the practice of Courts of Survey,,as provided for

in Part 111. of this Act:

For the prevention of the overloading of either steam or sacling ships, and of overcrowding of sailing ahipe with passengers; for securing the safety of passengers and proper accommo- dation for passengers on board of sailing ships, and generally for regulating all othermatters relating to the protection of life and property of passengers and others, as the case may be:

Fg

licensing tugs for conducting ships into or oqt of any port, qnd

for fixing the fees to be paid for such licenoes:

For the erection of wharves, and for granting and determining the conditions of leases of wharves the property of Her Majesty, or wharves erected, or to be erected,& any person or persons within the jurisdiction of the said Board:

For fixing the fees and charges to be taken or made in xespect of

the various matters authorised by this Act:

For affixing penalties to any breach of any by-law or regulation by this Act authorised to be made, not exceeding for any such offence the sum of Fifty Pounds, nor being less than Five Pounds, except in those cases where this Act affixes a

special penalty in respect of any specific offence:

And ge~erally for duly administering and carrying out the powers

confided to them by this Act:

And all such by-laws and regulations, or notice of the confirmation,

alteration, or repeal of any heretofore existing by-laws or regu-

lations, shall-

r. Be published in the Government Gazette :

XI. Take effect from a date t o be therein specified:

m. Be deemed to be incorporated with this Act, and shall be of

the same force and effect as though the provisions of such

by-laws and regulations were expressly enacted in this l

Act: and

IV. Be laid before both IIouses of Parliament within one calen-

dar month after making the same, if Parliament be then

sitting, or if Parliament be not then sitting, within one calendar month after the commencement of the then next $ession of Padiament,:

And if either House of Parliament shall, by resolution passed within

-i, m days sext after any such by-laws and r e g u l a ~ ~ as aforesaid

shall be laid before it, resolve that the whole or any part thereof ought not to continu~e in force, in @at cam the WIN& 4 sprh by-laws

and

44' '& 45" VICTORIW, No. 237.

Marine Board and NQuigation Act.-1881.

. I* , , end regulations, or such part or parts thereof aa may be specified in the resolution (as the case may be), shall, from and after the passing of such resolution, cease to be binding: Provided always, tha4t the powers of making by-laws and regulations, or imposing fees, charges, fines, and penalties respectively hereby given shall not limit or repeal any specific power of making by-laws or regulations given by

this Act, but in every such case the powers hereby conferred shall

be deemed to be auxiliary thereto.

PABT 11. PART 11.

MASTERS AND SEAMEN.

Apflm~aofP&n. 38. The second part of this Act shall apply to all British ships

registered at, trading with, or being at any place within the said

province, and to the owners, masters, mates, and crews thereof:

The following ships, that is to say-

~ishing V W ~ ~ B and I. 13egiste:ed sea-going ships exclusively employed in fishing

yachts partly exempt

from part 11. on the coast of the province, and

11. Ships used as pleasure yachts, not engaged in trading or

plying for hire-

shall be subject only to so much of the Second Part of this Act as relates to the delivery or transmission of lists of crews to Superin- tendents of Mercantile Marine.

Jfercan tile Marine O$ices.

Marine Board to c 39, The Marine Board, with the consent of the Treasurer, may

establish Yereantile

Marine Officea.	establish a Mercantile Marine Office or Offices in any port in the province, and may for that purpose, subject as herein mentioned,
appoint, m d from time to time remove and re-appoint, superintendents
of such offices, to be called Superintendents of Mercantile Marine,
with any necessary deputies, clerks, and scrvants, and shall have
deputy duly appointed shall have the same effect as if done by or complete control over the same; and every act done by or before any before a Superintendent of Mercantile Marine.

~ u a i n ~ of euch 40. I t shall be the business of Superintendents of Mercantile

ofilw 6 e n a ~. MaSine-

I. To afford facilities for engaging seamen by keeping registries of their names and characters:

11. To superintend and facilitate their engagement and discharge

in manner hereinafter mentioned:

111. To facilitate the making of apprenticeships to the sea

service :

IV. To perform such other duties relating to merchant seamen

and merchant ships as are hereby or may hereafter, under

the powers herein contained, be committed to them.

41. The

44" & 45' VICTORIW, No. 237.

Marine Boclrd and Navigation Act .4881.

PAET' 11.

41. The fees payable upon all engagements and discharges

effected before Superintendents of Mercantile Marine shall be con- Fee# to be paidu~on engagements and

spicuously placed in the Mercantile Marine Offices; and all Super- &charg,.

intendents of Mercantile Marine, their deputies, clerks, and servants,

may refuse to proceed with any engagement or discharge until

the fees payable thereon are paid.

42. Every owner, master, or agent of a ship engaging or dis- M ~ ~ ~ p v f e e s and to deduct part .

charging any seamen or seaman in a Mercantile Marine Office, or fmmmge8.

before a Superintendent of Mercantile Marine, shall pay to the Superintendent of Mercantile Marine the whole of the fees hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct, in respect of each such engagement or discharge, from the wages of all persons (except apprentices) so engaged or discharged, and retain any sums not exceeding the sums to be specified in that behalf by the Marine Board: Provided that, if in any casc the sums which the owner is ~ 3 0

Proviso as to exceap.

entitled to deduct exceed the amount of the fee payable by him, such excess shall be paid by him to the Superintendent of Mercantile Marine in addition to such fee.

43, Any Superintendent of Mercantile Marine, Dcputy Superin- Penal9 on Superin-

tendent of Mercantile Marine, or any clerk or servant in any Mer- M-e-gother tendent of Mercantile

cantile Marine Office, who demands or receives any remuneration remuneration*

whatever, either directly or indirectly, for hiring or supplying any

seaman for 'any merchant ship, excepting the lawful fees payable

under this Act, shall, for every such offence, incur a penalty not

exceeding Twenty Pounds, and shall also be liable to be dismissed	1
from his office by the Board.

44. The Marine Board may from time to time dispense with the Diependon with

transaction before a Superintendent of Mercantile Marine, or in a 8upedntendeotof h w c t i o n before a

Mercantile Marine Office, of any matters required by this Act to be M-tih

Marina

ao transacted; and thereupon such matters shall, if otherwise duly

transacted as required by law, be as valid as if transacted before a

Superintendent of Mercantile Marine, or in a Mercantile Marine

Office.

Apprecnticesh@s to the Sea Service,

4.5. All Superintendents of Mercantile Marine shall, if applied ~ u ~ ~ b n a e ~ ~ M

to for the purpose, give to any parents or other pereons desirous of to arreiet in binding Meroantile W n e ' '

apprenticing boys to the sea service, and t o masters and owners of app*ntiae*sandmV

ships requiring apprentices, such assistance ss is in their power for	receive fees,
facilitating the making of such apprenticeships, and may receive from persons availing themselves of such assistance such fees as may be determined in that behalf by the Board.

48. In the case of every boy bound apprentice to the sea service I n a m h ~ ~ d boy8

by his parent, the indenture shall be executed by the boy and the ~, ", ~ d ~ c p e ' " ~ ~ b

person to whom he is bound in the presence of, and shall be attested witnessed by a

by, a Superintendent of Mercantile Marine; but, if the boy be bound Mercantile Superlntendmt -0, of a

by

44" & 45" VICTORIW, No. 237.

Marine Board and Navigation Act.-1881.

11. If any person employs any such unauthorised person for the PABT 11..

purpose of engaging or supplying any seaman or apprentice Penalty for en~~loyiae unlicensed peraona.

for any ship, .

every such person shall, for each such offence, incur a penalty not

exceeding Twenty Pounds.

I 11. If	any person receives or accepts to be entered on board any ~ e n d t y	for receiving
ship any seaman or apprentice who has been engaged or =&?gal19 supplied in contravention of the provisions of this section
he shall, for every seaman or apprentice so received or
accepted, incur a penalty not exceeding Twenty Pounds, unless he shows, to the satisfaction of the Court before which he is charged, that he did not know that such seaman or apprentice had been engaged or supplied in contravention as aforesaid, and that he could not, with reasonable diligence, have obtained such knowledge.

51. If any person demands or receives, directly or indirectly, from penalty f, m e i ~ g

any seaman or apprentice to the sea service, or from any person ~	~	~	~	n	h	m
from any person on his behalf, any remuneration whatever other than the prescribed fees for providing him with employment, he shall, for every such offence, be liable to a penalty not exceeding	seeking employment as a seaman or apprentice to the sea service, or semen. master of a ship from receiving a premium with an apprentice, provided the amount of such premium is inserted in the indenture

of	apprentices hip.
52. The master of every ship. except coast-trade ships of less Apmentrtobo

than eighty tons registered tonnage, shall enter into an agreement made with eeamen shall contain certain

with every seaman whom hc carries to sea from any port in the psrticu~are.

province as one of his crew in the manner hereinafter mentioned;

and every such agreement shall be in a form sanctioned by the

Board, and shall be dated at the time of the first signature thereof,

and shall be signed by the master before any seaman signs the same,	and shall contain the following particulars as terms thereof, that is
to say-

1. The nature, and, as far as practicable. the duration of the intended voyage or engagement, or the maximum period of the voyage or engagement, and the places or parts of the world (if any) to which the voyage or engagement is not to extend:

11. The number and description of the crew, specifying how many are engaged as sailors:

111. The time at which each seaman is to be on board to begin

work:

rv. The capacity in which each seaman is to serve:

v. The amount of wages which each seaman is to receive:

VI. A scale of the provisions which are to be furnished to each

seaman :

, -287 vir. Any

C	44" & 45" vICTORIW, No. 237.
Harhe Board and Nauigatiun Act.-1 88 1.

Pxm XL

I._=. dowarices of provisions, or other lawful punishments for m. Any regulations as to conduct on board, and as to fines, short misco~tduct, w%ch have been sanctioned- by the Marine Board as regulations proper to be adapted, and whiuh the parties agree to adopt:

And every such agreement shall be so framed as to admit of stipula- tions, to be adopted at the will of the master and seaman in each Case, as to allotment of wages, and may contain any other stipula- tions which are not contrary to law: Provided that if the master of any ship belonging to the United Kingdom or any British Possession ha8 ap agreement with his crew made in due form according to the law of the United Kingdam or the British Possession to which such ship belongs or in which her crew were engaged, and engages single seamen in the province, such seamen may sign the agreement so made, and it shall not be necessary for them to sign an agreement in the form sanctioned by the Board.

A mentay&b 53. The owner or master of any ship engaged in fishing off the

SA*.

coast of the said province, may enter into an agreement with any

employed in such ship that such person shall be remunerated

wholly by a share in the profits of the fishing adventure.

Every such agreement shall be in writing or in print, or partly in writing an& partly in print, and shall be signed by the contracting parties in the presence of a Superintendent of Mercantile Marine.

The Superintendent shall, before such agreement is signed, read, and if necessary explain the same to the contracting parties, and shall attest the signature of the agreement, and certify that it has been xead to and agreed to by the contracting parties.

Any such agreement, if made in the manner by this section required, shall be valid and binding on all the contracting parties, notwithstanding anything contained herein to the contrary.

F O ~ foreigwgoing M, In the case of all foreign-going ships and intercolonial ships,

ship and inter- colonial chip, S U C ~ the following rules shall be observed with respect to agreements, that,

when is to say-

made in the pmvinee,

e x c a p t i n ~ c a s e e,	I.	Every agreement made in the province (except in such cases
to be made More and

of agreements with substitutes as are hereinafter specially

attested by a

Buperintendent of prwided for) shall be signed by each seaman in the presence

M-tile &brine.

of a Superintendent of Mercantile Marine:

TO be explained to 11. Such Superintendent of Mercantile Marine shall cause the agreement to be read over and explained to each seaman, or otherwise ascertain that each seaman understands the same, before he signs it, and shall attest each signature:

mumu.

TO be in duplicate. 111. When the crew is first engaged the agreement shall be

signed in duplicate, and one part shall be retained by the Superin tendent of Mercantile Marine, and the other part shall contain a special place or form for the descriptions snd signatures of eobatitutes or persons e n g a ~ d subse-

Penalty on

obstruct- 377. Any person who obstructs the service of any order, notice,

ing service on master

of ship. statement, or document, on the master of a ship shall incur a penalty not exceeding Ten Pounds, and if the owner or master of the ship is party or privy to such obstruction, he shall be guilty of a rnisdemeanor.

Power of Judge of 378. Whenever any injury has, in any part of the world, been

Supreme Court or

Admiralty to arrest	caused to any property belonging to Her Majesty, or to any of Her
foreign ship that has
occasioned damage.	Majesty's subjects, by any foreign ship, if at any time thereafter
~uch ship is found in any port or river of the said province, or within
three miles of the said coast thereof, it shall be lawful for any Judge of the Supreme Court or of the Court of Vice-Admiralty of the said province, upon its being shown by any person applying summarily that such injury was probably caused by the misconduct or want of skill of the master or seamen of such ship, to issue an order directed to any officer of Customs, or other officcr, requiring him to detain such ship until such time as the owner, master, or consignee thereof hath made satisfaction in respect of such injury, or has given security, to be approved by the Judge making the order, to abide the eveut of any action, suit, or other legal proceedings that may be instituted in respect of such injury, and to pay all costs and damages that may be awarded therein, and any officer of Customs, or other officer to whom such order is directed, shall detain swh ship accordingly.
to detain ship hefore

Power in certain cases 379. In any case where it appears that before any application can

application made to	be made under the foregoing section such foreign ship will have
Judge.	departed beyond the limits therein mentioned, it shall be lawful for the Board to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to such Judge; and the Board shall not be liable for any costs-or damages in ~espect of such detention, unless the same is proved to have been made without reasonable grounds.

Who to be defendant 380, In any action, suit, or other proceeding in relation to such

to suit in euch oases. injury, the person so giving security, as aforesaid, shall be made defendant 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 con- clusive evidence of the liability of such defendant or defender to such action, suit, or other

PART

44" & 45' VICTORIE, No. 237

Ma~ine Board and Navigation Act.-1881.

- -

-*I_- __ _*--___.I

PART X. PART X.

MISCELLANEOUS.

Misconduct by Passengers in Steams h@s.

Penalties on drunken

381. The following offenders, that is to say- or disorderly passengers.

I. Any person who, being drunk or disorderly, has been on that account ref used admission into any duly-surveyed steam- ship by the owner, or any person in his employ, and who, after having had the amount of his fare (if he has paid the same) returned or tendered to him, nevertheless per- sists in attempting to enter such steamship:

11. Any person who, being drunken or disorderly on board any

such steamship, is requested by the owner, or any person in his employ, to leave the same at any place in the pro- ~ i n c e at which he can conveniently so do, and who, 1:laving had the amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request:

I I I. Any person on board any such steamship, who, after warning on persone molesting by the master or any other officer of the steamship, molests passengers. or continues to molest any passenger:

IV. Any person who, after having been refused admission into O n ~ e r ~ o ~ ~ f o r c i n g way on board.

any such steamship by the owner, or any person in his employ, on acconnt of such steamship being full, and who after having had the full amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter the same:

v. Any person having got on board any such steamship, who upon being requested on the like account by the owner, or On refusing to quit

any person in his employ to lcave such steamship before

thc same has quitted the place at which such person got

on board, and who upon having the full amount of his

fare (if he has paid the same) returned or tendered to

him, refuse:; to comply with such request:

VI. Any perso11 who travels or attempts to travel in any steam- 0. travelling without

ship without having previously paid his fare, and with paying fare.

intent to avoid payment thereof:

vi1. Any person who, having paid his fare for 8, certain distance, Or wilfully going

knowingly and wilfully proceeds in any such steamship	beyond proper
beyond such distance. without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof:

v I 11. Any person who knowingly and wilfully refuses or neglects, refusing to nuit

i n arriving at the point to which he has paid his fare, to a estination.	ship on reaching hiq
quit any such steamship: and,

?S. Any

44' & 45' VICTORIJE, No. 2 3 7

Marine Board and hTnv(qutiun Act--1881.

IX. Any person on board any such steamship who does not,

Or hot exhibiting

ticket or receipt when	when required by the master or other officcr of such stcam-
required.	ship, either pav his fare or exhibit such ticket or other receipt (if any) showing thc yaymeut of his fare as is usuallv given to persons travelling by and paying their
fare f i r such steam ship:

Shall, for every suhh offmce, be liable to a penaltv not exceeding Five Pounds; but such liability shall not prejudice 'the recovery of any fare payable by him.

Penart for in juhg

, , g , . , OT 382. Any person on board any such steamhip who wilfully does

molesting crew.	or causes to be done anything in such a manner ns to obstruct or injure any part of the lriachinery or tackle of such steamship, or to obstruct, impede, or molest. the crew or any of them in the naviga- tion or management of such stcamship or othcrwisc: in the execution of their duty upon or about suci~ st~>;lmship. shall, for every such
off'encc~, be liable to a penalty not exceeding Twenty Pounds.

Manner of appre-	383,	I t shall he lawful for the master or other officer of any
hending off enders.

duly surveyed stcamship, and for all persons called by him to his assistance, to detain any person who ~ I R S (*onmitted any offencc against any of the provisions of the two last preceding wctions of this Act, and whose name and address are irnlinown to such officer, and to convey snch offender, 'vith a11 coriwnient clisl~atch. before some Justice, without, any warrant or other authority than this Act; and such Justice shall haw jm~.isdiction to try the case, and shall proceed, ~vith all convenient dispatch, to thr hearing and deter- mining of the complaint against such offender.

Penalty on person8	38.2. Every person who, having committed any of the offences
refusing to give their

names and address.	mentioned in sections 3S1 and 382, or eithcr of them, refus~s, on application of the master of the ship, or of any other person in the
employ of the owner thereof', to give his name and address, or who
on such application gives n false lianzc or address, shall iucur a
penalty not exceeding 'I'wcnty Pounds, to bc paid to the said owner.

Power to refuse or	385. Tho master of an]- coast-trade steamship may refuse to
remove passengers

who are drunk or mia-	receive on board thereof any person who, by reason of drunkenness
conducttheruaelves.	or otherwise, is in such a stxtc, or rliisconducts himself in snclr a manner, as to cause annoyance to other passengers on board, or, if such person is on board, may put him on shore a t any convenient place; and no person so refused admittance or put on shorc shall be entitled to the return of any fare he may have paid.

Restriction on deposit 386. If ally person commits any of the: foll0IVin~ offences so as,

Of b.

Or rubbiahh. in the opinion of the Board, to be or t,eiid to the injury of naviga-

tion, that is to say-

I. Casts or causes to be cast, or suffers to fall, either from on

board

44' & 45' VICTORIR, No. 237.

Marine Board and hTavigation Act.-1881.

board ship or from land, any ballast, rock, stone, slate,	PART X.
shingle, gravel, sand, earth, cinders, rubbish, or other substance or thing, on any tidal land, or into any port or tidal water, or into the sea below low watermark within two nautical leagues thcrcof: or,

Ir. Casts or causes to be cast, or suffers to fall, any such sub- stance or thing on land in a position whci+e thc same may be liable to fall or descend or bc carricd or washecl down bv orcliilary or high tides, or bv any stream or flow of m;atcr, or by any storm or flood, or otherwise, into any port or tidal wdtes, or into the sea: or,

I rr. Casts or places, or leavcrs or cavses to be cast, placed, or left,

any ship or boat laid Iry or ncglcctecl as unfit for sea service, any floitting or other tin~her, or any other thing, on any tidal lnncls, or ill any port or titlal water, or in tho sea:

IIe shall for each offence incur a penalty not exceeding Fifty

Pounds, and shall also bo liable t u pay the expcnscs incurred by the Board in thc removal of any such hnhstnncc or thing,

387. I t shall bc the duty of the rnastcx., officer. 01- person, in SO far as is rnmist~nt w ~ t h safely, person in

charge of any ship rcgistcrcd in thc povin(.e. if and so far us he of ship

can do SO I\ itliout rlaiigcr to his own ship, cre W and pssengers (if go tothe assistance of another ehip in d ~ s -

any), to porcccl to thc awistance of any othrr shi 1) rn distress, or tress.

that Inay be flying ilny of thc usual signals of distress, and to save

or endeavor to save or assist in saving the life or lives of any person

or persons un boald any such ship, or on any boat, o r on any

wreckage hrlonging or near to any such ship 01. boat,; nn.d if any

such master or olficer. s l d l kno\vingl y or wilfully corn mi t a breach

of this p ~ ~ v i s i o n he shall be deemed to be guilty of an offence

within thc rnc.auing of' section 136 of this Act, and ixay be proceeded

against and dealt w i t h itccordingly.

388, The municipal rorporation of any town, bcing a seaport Corporation, &C.,

in the colony, and aoy bodv corporntc, association, or trustees in any .ailorS. home..

may grant sites for

such seaport, exist ink or ciastitu ted for any public purlloses relating to tlic govcrnn~cnt or Benefit of' persons engaged in the merchant; servicc, or to thc n~anagcmcnt of docks aud harbors, or fur any other public purposes coiincctcd with shipping or navigation, may, with the consent' of the Governor, appropriate any lands vested in thcm, or in trustetls for them, as a site or sites for a sailors' home or sailors' hoincs, and may for that purpose either retain and apply the samc accordingly, or convey the same to trustees, with such powers for appointing new trustees 2nd con- tinuing the trust A S they think fit.

*

389. Tho name and address of thc managing uwner for the time Name of ship's

being of every ship registered at any port or place in the provillcs ~	$	~	~	f	~	~	~	$	~	d	,
shall be registered a t the Chtom House cf the ship's port or

134 44' & 45' VICTORIE, No. 237.

Marine Board and Nkvigation Act.-1 88 1.

PART X.

Where there is not a managing owner there shall be so registered the name of the ship's agent or other person to whom the management of the ship is intrusted by or on behalf of the owner; and any person whose name is so registered shall, for the purposes of this ,4ct and of The Merchant Shipping Act, 1854," and any amendment thereof, be under the same obligations and subject to the same liabilities as if he were the managing owncr.

If default is made in complying with this section the owner shall be liable, or, if there be more owners than one, each owner shall be liable, in proportion to his interest in the ship, to a penalty not exceeding in the whole One Hundred Pounds each time the ship leaves any port in the province.

Tonnage of British

ahip.	390. Where any hip has been registered at a port in the United Kingdom or any British possessic?n, the amount of tonnage specified in the certificate of such registry shall, for the purposes of this Act, be deemed to be the tonnage of such ship.
Tonnage of foreign

ships, and how to be 391. In the case of ships belonging to any foreign country which

ascertained.

has adopted the provisions of "The Merchant Shipping Act, 1854," in respect of the measurement of tonnage, such ships shall be deemed to be of the tonnage denoted in their certificates of registry or other national papers.

In order to ascertain the tonnage of any ship not registered as aforesaid, as to which any question arises, it shall be lawful for any officcr of Customs, or other person appointed in that behalf by the Collector of Customs, at the port in which such ship may then be, to measure such ship, and such officcr or person in measuring such ship shall follow the regulations contained in the law regu- lating the measurement of shipping for the time being in force in the said province.

Marine Board to be 392. The Board shall be the department, after the corn-

thedepa*me"to CZT out proviaions mencement of this Act, for carrying out the provisions of "The

of Passengers ~ c t s. Passengers Act, 18.55," or of any Act amending the same, and all powers, functions, and duties, which may be 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 commence-

ment of this Act, be transferred to and vested in the Board, and the

said Board, with the consent of the Treasurer, may, from timc to time, appoint such officers as they think fit or necessary for carrying out the said provisions or any of them.

~ighte on W O ~ ~ E. 393. Every person or persons making, constructing, altering,

or extending any work on, in, over, through, or across tidal lands or a tidal water, or the sea-shore below high watermark, shall, on or near the work, during the whole time of the making, constructing, altering, or extending thereof, exhibit and keep burning at his or their own expense every night from sunset to sunrise such lights (if any) as the Board from timc to time require or approve; and

shall

44O & 45' VICTORIE, No. 237, . .-p -.p-.-.----- -

Marine Board and Navigation Act.-1 881.

shall also on or near snch work, when completed, always maintain,	PABT X.
exhibit, and keep burning every night frotn sunset to sunrise such lights (if any) for the guidance of ships as the Board from time to time require or approve.

If any person fails to comply in any respect with the provisions

of this section, he shall, for each night on which he so fails, incur

a penalty not exceeding 'l'wenty Pounds.

394. In any case in which any darnage shall be done to any Ships damaging

wharf, crane, truck. landing-steps, warehouse, shed, ship, boat, tained until works may be de-

building, or other work belonging to the Board or to Her paidforordeposit	Majesty, through the misconduct, negligence, or default of the made.
master of any ship, or any other person on board of any ship, the amount of such damage may be recovered froin such maker, or the owner of such ship, in a -summary way, and in the same manner as any other penalty under this Act; or, at the option of the Board, such ship may be detained until such damage shall have been paid for, or a dcposit shall have been made by the master or owner of such ship equal in amount to the claim or cl+ mand made by the Board for tlie estimated amount of damage so done by such ship, which deposit tlhe Board are authorised to receive and retain until the entire amount of such darnage shall have been ascertained by thc Board and paid to them by
the n~aster or owner of such ship, when the said deposit shall
be returned to such master or owner. Every such deposit shall be considereic to have been made in payment and satisfkction of the claim or demand for damage in respect of which such dcposit shall have been made, unless notice that the claim is disputed be given to the Board within seven days after such deposit shall have been made; and after khe expiration of sever1 days next after such deposit shall have been made (unless in the meantime notice be give11 to the Board that the claim is disputed) the Board may, unless the amount of damage done by such ship shall have been
good such damage, and shall return the residue of' such deposit to sooner paid, apply such deposit or a sufficient part thereof, in making
the said master or owner.

395. If any person shall erect, build, or make any wharf, Wharves, buoys,

embankment, or any building, or work, o r drive any pile or beacon, be placed wifhin beacons, &C., not to

or lay down or place any chain, mooring, or buoy within the juris- jurisdiction of Marine Board without per-

diction of the Board without the permissicn in writing of the mission,

said Board, every such person shall, on conviction, be liable to

forfeit and pay a penalty not exceeding Fifty Pounde; and any

such person who l?eglects or fails to remove ;my such wharf,

embankment, building, work, pile, beacon, chain, mooring, or buoy

so placed, after notice in writing to remove the same hasqbeen

served on such person by the said Board, he shall for every

such offence bc liable to forfeit and pay a, further penalty not ex-

ceeding Five Pounds for every day that he fails or neglects to

remove such wharf, embankment, building, work, pile, beacon, chain,

mooring, or buoy, 396. If

VICTOKIE, No. - -

-

--- - - - - -. .

- - - -- - - P-

Marine Board and I~aviqatim Act.-1 881.

SCHEDIJLES REFERRED TO.

The Board of Trade may suspend or cancel the certificate (whether of competency

'or service) of any master or mate in the following cases (that is to say)-

(1.) If, upon any investigation made in pursuance of the last preceding section,

hc is reported to be incompetunt, or to have been guilty of any gross act of

misconduct, drunkenness, or tyranny:

(2.) If, upon any investigation conducted under the provisions contained in the Eighth Par t of this Act, or upon any invcstigation made in a Naval Court constituted a s here after mentioned, it is reported that the loss or abandon- ment of, or serious damage to, any ship, or loss of life, has been caused by his wrongful act or default:

( 3 ) If he i u superseded by the order of any Admiralty Court or of any Naval Court as hereinaftcr mentioned:

(4.) If h e is shown to have becn convicted of any offence:

(5.) If, upon any investigation made by any Court or tribunal authorised, or hereafter to be authorised. by thc legislative authority in any British possession to make inquiry into charges of incompetenry or misconduct on the part of masters or mates of ships, or as to shipwrecks or other casualties affecting ships, a report is made by such Court or tribunal to the effect that he has been guilty of any gross act of misconduct, drunkenness, or tyranny; or that thc loss or abandonment of, or serious clamage to any ship, or loss of life has bccn caused by his wrongful act or default, and such report is confirmed by the Governor or person administering the govern- ment of such possession:

And every master or mate whose certificate i~ cancelled or suspended, shall delivcr it to the Board of Trade or as i t directs; and in dcfault shall, for each offence, incur a penalty not exceeding Fifty Pounds; and the Roarcl of Trade may at any subsequent time grant to m y person whose certificate has been cancelled a. new certificate of the saznc or of any lower gradc.

25 and 26 vie., c. 63, sec. 23.

The following rules shall be observed with respect to the cancellation and suspension of certificates, that is to say- (1.) The power of cancelling or suspending the certificate of a master or mate

by thc t w o hundred and forty-second section of the principal Act conferred

on the Board of Trade shall (edxept in thc case provided for by the fourth paragraph of the mid section) vest in and be exercised by the local Marine Board, Magistrates, Naval Court, Admiralty (:ourt, or otllcr court or triburnal

by which the case is investigated or tried, and shall not in future vest in or

be exercised by the Board of Trade.

(2.) Such power shall extend to cancelling or suspending the certificate of engineers in the same manner as if " certificated engineer," or " certificated engineers," were inserted throughout such section after " master " or

masters."

(3.) Every such board, court, or tribunal shall, at the conclusion of the case, or as soon afterwards as possible, state in open Court the decision to which they may have come with respect to cancelling or suspending certificates, and shall in all cases send a full report upon the case, with thc evidence, to the Board of Trade, and shall also, if they determine to cancel or suspend any certificate, forward such certificate to the Board of Trade with their report.

(4,) It shall be lawful for the Board of Trade, if they think the justice of the

case require it, to issue and return any certificate which has been cancelled

or

44' & 4 5 O VICTORIW, No. 237, --p-

Hwrine Board aud Xaviqation Act.-l 88 l.

or suspended, or shorten the time for which it is suspended, or grant a new certificate of the sdme or any lower grade in place of any certificate which has becn cancelled or suspended.

(5.) The four hundred and thirty-fourth and four hundred and thirty-seventh sections of the principal Act shall be read as ~f for the word " nautical " were substituted the \cords "nautical or engineering," and as if for the word person " and assessor" respectively were substituted the words

" person or persons " and assessor or assessors " respectirely.

(6.) No certificate shall be cancelled or snspendcd under this section unless a

copy of the report or a statement of the case upon which the investigation

is urdercd has been furni.;hcd to the owner of the certificate before the

commcnccment of the investigation, nor in thc case of invcstigatioris con- ducted b, Justices or a Stipendiary Magistrate unless one assessor a t least expresses his concurrence in the report. 4

SCHEDULE B.

Regztlatiot~s	f o ~	Prenentiny Collisions at Sen.
Prelinzi?tnry.

ART. 1. In the following rules every steamship which is undcr sail and not under steam is to be considered a sailing ship; and every steamship which is under steam, whether undcr sail or not, is to be considered a ship under steam.

Btcles Concerning Lights.

ART. 2. The lights mentioned in the following articles, numbered 3 ,4 ,5, 6, 7, 8, 9,

10, and 11, and no others, shall be carried in all weathers, from sunset to sunrise.

ART. 3. A sea-going steamship whcn under way shall carry:

fa.) On or in front of the foremast, at a height above the hull of not less than twenty feet, and if the breadth of the ship exceeds twenty then at the height above the hull not less than such breadth, a bright white light, so constructed as to show an uniform and unbroken light over an arc of the horizon of twenty points of the compass; so fixed as to throw the light ten points on each side of thc ship, viz., from right ahead to two points abaft thc beam on either side; and of buch a character as to be visible on a dark

night, \ ~ i t h a clear atmosphwe, at u distance of at least five miles:

(b.) On the starboard side, a green light so constructed as to show an uniform

and unbrolrcr~ light over an arc of the horizon of ten points of the

compass; so fixed as to throw the light from right ahead to two points

abaft the beam on the starboard side; and of such o character as to be

visible on a dark night, with a clear atmosphere, at a distance of at least

two miles:

(C.) On the port side, a red light, so constructed as to show an uniform and unbroken light over an arc of the horizon of ten points uf the compass; so fixed as to throw the light from right ahead to t w o points abaft the beam on the port sidc; and of such a character as to be ~ i s ib l e on a dark night, with a clear atniosphere, at a distance of at lcast two miles:

{d.) The said green and red side lights shall be fitted with inboard screens

projecting at least thrcc feet forward from the light, so as to prevent these

lights from being seen across the bow.

ART. 4. A steamship, when towing another ship, shall, in addition to her side lights, carry two bright white light8 in a vertical line one over the other, not less than three feet apart, so as to distinguish hcr from other steamships. Each of these lights shall be of the same construction and character, and ehall be carried in the

same posit~on as the white light which other steamships are required to carry.

ART. 5. A ship, whether a $teamship or a sailing ship, when employed either in laying or in picking up a telegraph cable, or which from any accident is not under command, shall at night carry in the same position as the white light which steam- ships are required to carry, and, if a steamship, in place of that light, three red

lights in globular lanterns, each not less than ten inches in diameter, in a vertical

line

No.

Marine Board and Nauigation Act.-1881.

- - pp -p -

- -.---p- - -

line one over the other, not less than three feet apart; and shall by day carry in a vertical line one over the other, not less than three feet apart, in front of but not lower than her fore mast-head, three black balls or shapes, each two feet in diameter.

These shapes and lights are to be taken by approaching ships as signals that the ship using them is not under command, and cannot therefore get out of the way.

The above ships, when not making any way through the water, shall not carry the side lights, but when making may shall carry them.

ART. 6. A sailing ship under way, or being towed, shall carry the same lights as are provided by Article 3 for a steamship under way, with the exception of the white light, which she shall never carry.

ART. 7. Whenever, as in the case of small vessels during bad weather, the green and red side lights cannot be fixed, these lights shall be kept on deck, on their respective sides of the vessel, ready for use; and shall, on the approach of or to other vessels, be exhibited on their respective sides in sufficient time to prevent collisions, in such manner as to make them most visible, and so that the green light shall not be seen on the port side, nor thc red light on the starboard side.

To make the use of these portable lights more certain and easy, the lanterns containing them shall each be painted outside with the color of the light they respectively contain, and shall be provided with proper screens.

ART. S. A ship, whether a steamship or a sailing ship, when at anchor, shall carry, where it can best bc seen, but at a height not exceeding twenty feet above the hull, a white light, in a globular lantern of not less than eight inches in diameter, and so constructed as to show a clear uniform and unbroken light visible all round the horizon, at a distance of at least one mile.

ART. 9. A pilot vessel, when engaged on her station on pilotage duty, shall not carry the lights required for other vessels, but shall carry a white light at the mast- head, visible all round the horizon, and shall also exhibit a flare-up light or flare-up lights at short intervals, which shall never exceed fifteen minutes.

A pilot vessel, when not engaged on her station on pilotage duty, shall carry lights similar to those of other ships.

AXT. 10. /a./ Open fishing boats and other open boats when under way shall not be obliged to carry the side lights required for other ~essels; but every such boat shall in lieu thereof have ready at hand a lantern with a green glass on the one side, and a red glass on the other side; and on the approach of or to other vessels, such lantern shall be exhibited in sufficient time to prevent collision, so that t,he green light shall not be seen on the port side, nor the red light on the starboard side.

( h. )

A fishing vessel, and an open boat, when at anchor, shall exhibit a bright

white light.

(C.)

A fishing vessel, when employed in drift net fishing, shall carry on one of

her masts two red lights in a vertical line one over the other, not less than

three feet apart.

(d.) A trawler at work shall carry on one of her masts two lights iu a vertical

line one over the other, not less than three feet apart, the upper light red

and the lower green, and shall also either carry the side lights required for

other vessels, or, if the side lights cannot be carried, ham ready at hand

the colored lights as provided in Article 7, or a lantern with a red and a

green glass as described in paragraph f u j of this Article.

(e.)

Fishing vessels and open boats hall not be prevented from using a flare-up

in addition, if they desire to do so.

(A) The lights mentioned in this article are substituted for those mentioned in England scheduled to the British Sea Fisheries Act, 1868. the 12th, 13th, and 14th Articles of the Convention between France and

(g.) All lights required by this Article, except side lights, shall be in globular lanterns, so constructed as to show all round the horizon.

ART. 11. A ship which is being overtaken by another shall show from her stern to such last-mentioned ship a white light or a flare-up light.

Sound-Signals for Fog, &c.

AIIT. 12. A steamship shall be prol-ided with a steam whistle or othcr efficient steam sound-signal, so placed that the sound may not be intercepted by any obstruc- tions, and with an efficient foghorn to be sounded by a bellows or other mechanical means, and also with an efficient bell. A sailing ship shall be provided with a similar foghorn and bell,

In

44' & 45' VICTORIR, No. 237.

N(tr.irre Board m d n'clvigation Act.--1t381.

-- . .-p -----p-,

In fog, mist, or falling snow, whether by day o~ night, the signals described in this arti,:lc shall be used as follows; that is to say,

fn. j	A steamship under way shall make with her steam whistle, or other steam
sound-signal, at intervals of not more than two minutes, a prolonged blast.

fb.) A sailing ship under way shall rnakc with her foghorn, at interrals of not more than two minutes when on the starboard tack one bldst, when on the port tack two blasts in succession, and when with the wind abaft the beam three blasts in succession.

(C.)

A steamship and a sailing ship when not under way shall, a t intervals of

not m o d than two minutes, ring the bell.

Speed of Ships to be moderate in Fog, &c.

ART. 13. Every ship, whether a sailing ship or steamship, shall, in a fog, mist, or falling snow, go at a moderate speed.

Steeri?hg and Sailing Rules.

ART. 14. When two sailing ships are approaching one another so as to involve risk of collision, one of them shall keep out of the way of the other as follows,

VIZ.	: -
fa.) A ship which is running free shall keep out of the way of a ship which is

close-hauled.

fh.) d	ship which is close-hauled on the port tack shall kecp out of the way of a ship which i~ close-hauled on the starboard tack.
(C.)	When both arc ~unn ing frec with the wind on different sides, the ship which has the wind on the port side shall keep out of the way of the other.

(d. ) When both are running free with the wind on the same side rhe ship

which is to windward shall keep out of the way of the ship which is to lee-

war d.

/e./ A ship which has the wind aft shall keep out of the way of the other ship.

ART. 1.5. If two ships under steam are meeting end on, or nearly end on, so as

to involve risk of collision, each shall alter her course to starboard, so that each may

pass on tllc port side of the other.

This article only applics to cases where ships are meeting end on, or nearly end on, in such a manner as to involve risk OS collision, and does not apply- to two ships which must, if both kecp on thcir respective courses, pass clear of each other.

The only cases to which i t does apply are, when each of the two ships is end on, or nearly end on, to the other; in other words, to cases in which, by day, each ship sees the mast uf the other in a line, or nearly in a line, with her own; and by night, to cases in which each ship is in such a position as to see both the side lights of the other.

It does not apply by day, to cases in which a ship sees another ahead crossing her own course; or by night, to cases where the red light of the one ship

is opposed to the red light of the other, ar whcre the green light of one

ship is opposed to the green l ~ g h t of the other, or where a red light without

a green light, or a green light without a red light, is seen ahead, or where

both green and red lights are seen anywhere but ahead.

A m. 16. If

the ship which has the other on her starboard side shall keep out of the way of the

other.

two s h i p under steam are crossing, so as to involve risk of collision,

17. If two ships, one of which is a, sailing ship and the other a steamship,

are proceeding in such direction as to involve risk of collision, the steamship shall

keep out of the way of the sailing ship.

SHT.

ART. 18. ISvery steamship when approaching another ship, so as to involve risk of collision, shall slacken her speed or stop and reverse if necessary.

AET. 19. In taking any course authorised or required by these regulations, a

steamship under way may indicate that course to any other ship which she has in

sight by the following signals on her steam whistle, vm-

One short blast to mean " I am directing my course to starboard ":

* *

Two short blasts to mean " I am directing my course to port":

Three short blasts to mean " I am going full speed astern."

The use of these signals is optional; but if they are used, the course of the ship

must be in accordance with the signal made.

ART. 20. Notwithstanding anything coutained in any preceding Article, every

ship, whether a sailing ship or a steamship, overtaking any other, shall keep out of

the way of the overtaken ship. ART, 21. In

Marine Board and Navigation Act.-188 1.

ART. 21. I n narrow channels every steamship shall, when it is safe and

practicable, keep to that side of the fairway or mid-channel which lies on the star-

board side of such ship.

AET. 22. Where by the above rules one of two ships is to keep out of the way, the other shall keep her course.

ART. 23. I n obeying and construing these rules due regard shall be had to all dangers of navigation, and to any special circumstances which may render a departure from the above rules necessary in order to avoid immediate danger.

N o Ship, under any circuulstances, to neylect proper precautions.

Am. 24. Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look-out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.

Rese~vnt ion of Rules f o r Harbors and Inland Naviyatzon.

ART. 25. Nothing in these rules shall interfere with the operation of a special rule, duly made by local authority, relative to the navigation of any harbor, river, or

inland navigation.

Special Lights for Squadrons and Convoys.

ART. 25. Nothing in these rules shall interfere with the operation of any special rules made by the Government of any nat;ion with respect to additional station and signal lights for two or more ships of war, or for ships sailing under convoy.

N o T E - T ~ ~ above regulations will apply to ships of the following countries, whether within

British jurisdiction or not, viz.:

Austro-Hungary	Italy
Be1 'urn	Netherlands
c d	Norway
Denmark	Portugal
France	Huseia
Germany	Spain
Great Britain	Sweden
Greece	United States.

SCHEDULE C.

Sz'gnals of Distress.

In the Daytime.

The following signals, numbered 1, 2, and 3, when used or displayed, together or separately, shall be deemed to be signals of distress in the daytime :-

l. A gun fired at intervals of about a minute:

2. The international code of signal of distress indicated by N. C.:

3. The distant signal, consisting of a square flag, having either above or below

it a ball, or anything resembling a ball.

At Night.

The following signals, numbered 1, 2, and 3, when used or displayed, together or separately, shall be deemed to be signals of distress at night :-

l. A gun fired at intervals of about a minute:

2. Flames on the ship (as from a burning tar barrel, oil barrel, &C.):

3. Rockets or shells of any color or description, fired one at a time at short

intervals.

SCHEDULE D.

Rules for Measurement of Space occupied Ay Deck Cargo.

If' there be a break, a poop, or any other permanent closed-in space on the upper deck available for cargo or stores, or for the berthing or accommodation of passengers or crew, the tonnage of such space shall be ascertained as follows :-Measure the

internal mean length of such space in feet, and divide it into two eqr~al parts;

measure at the middle of its height three inside breadths, namely-one a t each end

and the other at the middle of the length;

then to the sum of the end breadths add

four

44' & 45' VICTORIE, No. 237.

Marine Board and Navigation Act.- 1881.

four times the middle breadth, and multiply the whole sum by one-third of the common interval between the breadths. the product will give the mean horizontal area of such space; then measure the mean height, and multiply by it the mean horizontal area; divide the product by one hundred, and the quotient shall be deemed to be the tonnage of such space, and shall be added to the tonnage under the tonnage deck, ascertained as aforesaid, subject to the following provisoes: First, that nothing shall be added for a closed-in space solely appropriated to the berthing of the crew, and in case of such excess the excess only shall be added; and secondly, that nothing shall be added in respect of any building erected for the shelter of deck passengers,

and approved by the Board.

SCHEDULE E.

S c t KO. 17 of 1860. .............

Act KO. 6 of 1875	.............
Act No. 50 of 1876..	............ The whole.
Act No. 130 of 1878..	............
,4ct No. 155 of 1879..	............

--
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Adelaide : By trutharity, E. SPILLER, Gavernment Printer, Nnrth-terrace,