Naval and Victualling Stores Ordinance 1867 (WA)
31 VICTORLE. No. 6
Criminal Law
WESTERN AUSTRALIA
ANNO TRIGESIMO PRIMO
VICTORLE REGINA;
No. 6
An Ordinance for the Protection of Her Majesty's Naval
and Victualling Stores. [Assented to 15th July, 1867.
| of the Legislative Council thereof, as follows :- | BE it enacted by His Excellency the Governor of Western Aus- | tralia and its Dependencies, by and with the advice and consent |
1. This Ordinance may be cited as The Naval and Victualling Stores Ordinance, 1867?
| 2. In this Ordinance | Interpretation of |
| The term 'the Admiralty' means the Lord High Admiral of the United Kingdom of Great Britain and Ireland or the Commissioners for executing the office of Lord High Admiral. | terms |
| The term dealer in marine stores ' means a person dealing in buying and selling anchors, cables, sails or old junk, old iron or marine stores of any description. | |
| The term dealer in old metals ' means any person dealing in buying and selling old metal, scrap metal, broken metal or part manufactured metal goods, or defaced or old metal goods, and whether such person deals in such articles only or together with second-hand goods or marine stores, and the term old metals' shall mean the said articles. | |
| The term ' In Her Majesty's service' when applied to persons applies also to persons in the employment of the Admiralty. | |
| The term 'stores' includes any single store or article. |
| 3. The marks described in the Schedule to this Ordinance may be applied in or on Her Majesty's naval and victualling stores to denote | Marks in schedule appro- |
| priated for Her | |
| Her Majesty's property in stores so marked. It shall be lawful for the | Majesty's navaland victualling |
| Admiralty, their contractors, officers and workmen to apply the said | stores |
| marks or any of them in or on any such stores as are described in the | |
| said Schedule. If any person without lawful authority (proof of which | demeanour |
| Imitation a 'Di:. | |
| authority shall lie on the party accused) applies any of the said marks in or on any such stores he shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding two years with or without hard labour. |
| 4. If any person, with intent to conceal Her Majesty's property in ot at | eigto |
any naval or victualling stores, takes out, destroys or obliterates \c‘oilici Her
| wholly or in part any such mark as aforesaid, he shall be guilty of Maie5tre pro- | perty felony |
| felony, and shall be liable in the discretion of the Court to be kept in penal servitude for any term not exceeding four years or be imprisoned for any term not exceeding two years, with or without hard labour and with or without solitary confinement. |
81 VICTORIE. No. 6
Criminal Law
Knowingly
| receiving, &c., | 5. If any person without lawful authority (proof of which authority |
marked stores ashall lie on the party accused) receives, possesses, keeps, sells or
misdemeanour delivers any naval or victualling stores bearing any such marks as
aforesaid, knowing them to bear such mark, he shall be guilty of a misdemeanour, and shall be liable to be imprisoned for any term not exceeding one year with or without hard labour.
Knowledge of
| stores being | 6. Where the person charged with such a misdemeanour as last |
| marked Pre- | aforesaid, was at the time at which the offence is charged to have been |
some against committed a dealer in marine stores, or a dealer in old metals, or in
dealers, &c.
Her Majesty's service, knowledge on his part that the stores to which the charge relates bore such mark as aforesaid shall be presumed until the contrary is shown.
Offenders may be 7. Any person charged with such a misdemeanour as last aforesaid vieted in certain8""miuril"°"- in relation to stores the value of which does not exceed five pounds
Ca SOS shall be liable on summary conviction before a Justice of the Peace to a penalty not exceeding twenty pounds, or in the discretion of the Justice, to be imprisoned for any term not exceeding six months, with or without hard labour.
| Persons not | 8. In order to prevent a failure of justice in some cases by reason |
| 'kale's ' marl"' | of the difficulty of proving knowledge of the fact that stores bore such |
| stores, | found |
| naval or victual. mark are found in the possession of any person not being a dealer in | in possession of mark as aforesaid,—If any naval or victualling stores bearing any such | |
| ||
| ||
| the same, liable service, and such person when taken or summoned before a Justice of | ||
| to penalty the Peace does not satisfy the Justice that he came by the stores so |
found lawfully, he shall be liable on conviction by the Justice to a penalty not exceeding five pounds ; and if any such person satisfies the Justice that he came by the stores so found lawfully, the Justice in his discretion, as the evidence given and the circumstances of the case require, may summon before him every person through whose hands such stores appear to have passed, and if any such person as last afore- said who has had possession thereof does not satisfy the Justice that he came by the same lawfully, he shall be liable on conviction by the Justice to a penalty not exceeding five pounds.
Criminal pop:
| session explained •in the possession or keeping of any person if he knowingly has them in | 9. For the purposes of this Ordinance stores shall be deemed to be the actual possession or keeping of any other person, or in any house, building, lodging, apartment, field, or place, open or enclosed, whether occupied by himself or not, and whether the same are so had for his own use or benefit, or for the use or benefit of another. |
| No unauthorised | 10. It shall not be lawful for any person without permission in Admiralty in that behalf, to creep, sweep, dredge, or otherwise search for stores in the sea or any tidal water within one hundred yards from any vessel belonging to Her Majesty, or in Her Majesty's service, or from any mooring place or anchoring place appropriated to such vessels, or from any moorings belongincr to Her Majesty, or from any of Her Majesty's wharves, or dock, victualling, or steam factory yards. If any. person acts in contravention of this provision he shall be liable on sum- mary conviction before a Justice of the Peace, to a penalty not exceed- ing five pounds, or to be imprisoned for any term not exceeding three months, with or without hard labour. |
| person to creep, | |
| sweep, &to., with. | writing from the Governor, or from some person authorised by the |
| in 100 yards of | |
| dockyard, &e. |
31 VICTORIiE. No.
Criminal Law
| 11. The following sections of the Act of the session of the Par | Sections 98, 59, |
went of Great Britain and Ireland of the twenty-fourth and twenty- relating to Criminal Offences,' shall be incorporated with this Ordi- nance, and shall for the purposes of this Ordinance, and so far as the same can be applied to the circumstances of the Colony, be read and applied as if they were herein enacted, namely, sections ninety-eight to one hundred, one hundred and three, ono hundred and seven to one hundred and thirteen, and one hundred and sixteen to one hundred and nineteen, all inclusive ; and for this purpose the expression this Act ' when used in the said incorporated sections shall be taken to include the present Ordinance.
fifth years of Her Majesty, chapter ninety-six, adopted and directed to 25 Vie., dap. 55,
be applied in the administration of justice in the said Colony, by 1„1.2111;r1
Ordinance of the Legislative Council No. 5 of 1830, intituled ' An ordinance
12. It shall not be competent for any person, other than the None bet
Admiralty or some person on their behalf duly authorised_ by the t'Z''t, to or proceeding for any offence.
13. Notwithstanding anything in this or any other Ordinance, any tymtallies to be
pecuniary penalty or other money recovered under this Ordinance shall (nelire'slorier
be paid or applied as the Admiralty, or the Governor acting on their Admiralty
behalf, shall direct.
14. Nothing in this Ordinance shall prevent any person from being \tortsg 1)17eyent
| prosecuted under this Ordinance or otherwise in any Court of record iso | ' seel ted Ller |
having criminal jurisdiction, for any indictable offence made punishable
on summary conviction by this Ordinance, or prevent any person from offenem
being liable under any other Ordinance or otherwise to any other or
higher penalty or punishment than is provided for any offence by this
Ordinance, so that no person be punished twice for the same offence.
J. S. HAMPTON,
GOVERNOR AND COMMANDER-IN-CHIEF.
SCHEDULE
Marks appropriated for Her Majesty's use in or on Naval and Victualling Stores
| Stores | Marks |
| Hempen cordage and wire rope . | . | White, black, or coloured worsted thread laid up with the yarns and the wire respectively |
| Canvas, fearnought, hammocks, and |
| seamen's bags . | . | . | . | . | A blue line in a serpentine form |
| Bunting | A double tape in the warp |
| Candles | Blue or red cotton thread in each wic |
or wicks of red cotton
Timber, metal and other stores not
| before enumerated . | . | . | A broad arrow |
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