Navigation Act of 1871 No 22a (NSW)

ANNO TRICESIMO QUINTO

V I C T O R I E R E G I N E

No. VII.

An Act to incorporate a Board to be called " The Marine Board of New South Wales" to confer certain powers on such Board to consolidate and amend the Laws relating to the regulation of Steam-ships Pilotage and Pilots Harbours and Navigable Waters and Navigation and to make provision for the Examination of Masters Mates and Engineers and for other purposes. [Reserved—22nd June, 1871.]

1. The Acts enumerated in Schedule A shall be and the same are hereby repealed to the extent set forth therein Provided always that such repeal shall not affect or annul any offences committed penalties or liabilities incurred or privileges powers and exemptions conferred under the provisions of the said repealed Acts or any of them and any officer clerk or servant duly appointed under the aforesaid provisions shall be held to have been duly appointed under the provisions of this Act And every license certificate or other document and all rules and regulations now in operation under the provisions

Assembly of New South Wales in Parliament assembled and by the the advice and consent of the Legislative Council and Legislative authority of the same as follows (that is to say) :— BE it enacted by the Queen's Most Excellent Majesty by and with

Preliminary.

provisions of the said repealed Acts or any of them shall continue and be as valid and operative as if issued or made under this Act or until the same shall be revoked rescinded suspended or otherwise rendered invalid by or under the provisions of this Act.

2. From and after the first election of Wardens under this Act the Steam Navigation Board of New South Wales established under the Steam Navigation Act of 1852 and the existing Pilot Board appointed by the Governor in Council shall bo abolished.

3. So much of this Act as prescribes the mode of conducting the first election of Wardens and regulates the proceedings antecedent thereto shall come into operation on the first day of January one thousand eight hundred and seventy-two and the whole Act shall come into operation from and after the day of the holding of such election This Act may be cited as the " Navigation Act of 1871" and the sections thereof are arranged in Parts in the following order—

Part I.—Incorporation and General Powers of Marine Board.

II.—Steam Navigation and Regulation of Steam-ships.

III.—Pilots—Pilotage.
IV.—Examination and Certificates of Masters Mates and

Engineers and cancellation and suspension of the same.

V.—Safety and Prevention of Accidents.

VI.—Regulation of Harbours Navigable Waters Ballast-

lighters.

VII.—Legal Procedure—Miscellaneous provisions.

4. Nothing in this Act contained shall apply to any ship belonging to or in the service of Her Majesty And in the construction and for the purposes of this Act the following terms in inverted commas shall unless inconsistent with the context or subject matter have the respective meanings set against them (that is to say)—

" Governor"—The Governor with the advice of the Executive

Council.

" Jurisdiction"—The navigable waters lying within one nautical league of the coast and the inland navigable waters of the Colony of New South Wales.

" Ship"—Every description of vessel used in navigation not

propelled by oars.

" Foreign-going ship"—Every registered ship employed in

trading or going between any port or place within and
any port or place without the jurisdiction.

" Coast-trade ship"—Every registered ship employed in trading or going between any ports or places within the jurisdiction also every registered steam-tug Provided that every such ship which shall be employed in trading between any ports of adjacent Colonies shall be deemed to be a coast-trade ship for the purposes of this Act.

" Master"—Every person except a pilot having command or

charge of any ship.

" Pilot"—Any person not belonging to a ship who has the

conduct thereof.

" Qualified pilot"—Any person duly licensed hereunder to

conduct ships to which he does not belong.

" The Australasian Colonies"—New South Wales and its Dependencies Victoria Queensland Tasmania South Australia Western Australia and New Zealand.

" Justice"—Any Justice of the Peace.

" Harbour

" Harbour Master"—Any duly appointed Harbour Master or Assistant Harbour Master And in places where there is no Harbour Master (eo nomine) the pilot stationed at any harbour river or place.

" Person " shall include Bodies Corporate and Companies.

PART I.

5. It shall be lawful for the Governor by letters patent under the Seal of the Colony to incorporate a Board by the name of the " Marine Board of New South Wales" to consist of seven Members that is to say a President and six Wardens of which Wardens three may be elected in manner hereinafter prescribed by the owners of Foreign-going and Coast trade ships registered in the Port of Sydney and the remainder shall be appointed by the Governor Provided always that in the event of no election taking place within the period of one calendar month after the time appointed for the holding of such election (which time shall be fixed by the Governor and published in the Gazette) it shall be lawful for the Governor to nominate and appoint three persons to be Wardens of such Board And any extraordinary vacancy occurring in the number of the said elective Wardens whether by death resignation disqualification or otherwise shall be filled up within one calendar month after it occurs And if any such vacancy shall not be so filled up as aforesaid it shall be lawful for the Governor to appoint any person to be a Warden of the said Board And the present Superintendent of Pilots shall be appointed by the Governor as the first President of the said Board and every succeeding President shall be appointed in like manner.

6. The said Marine Board shall have perpetual succession and a common seal and shall have power to sue and be sued in the name of the President of such Board and such seal shall have inscribed thereon the words " Marine Board of New South Wales" together with such device as the Governor may approve and a notice of the approval of such seal as aforesaid shall be published in the Gazette.

7. Any three members of the said Board shall be a quorum.
8. The first election of Wardens under this Act shall take place

on the second day of April one thousand eight hundred and seventy- two and thereafter every election of Wardens shall take place on the

as aforesaid and also in the case of any vacancy the day of election	first Monday of April in every third succeeding year and the Governor shall fix the place and mode of conducting all such elections
and not less than ten days notice of such day shall in every case be given and published in the Gazette.
9. Owners of Foreign-going ships and of Coast trade ships registered at the Port of Sydney or at any other port in the Colony shall have votes at the election of Wardens of the said Board according to the following scale that is to say every registered owner of not less than one hundred tons in the whole of such shipping shall at every election have one vote for each Warden for one hundred 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 over fifteen hundred tons owned by him but the votes of such owner for any one Warden shall not exceed ten and for the purpose of ascertaining the qualification of such electors the following rules shall be observed that is to say in the case of a ship registered in the name of one person such person shall be deemed to be the owner and in the case of a ship registered in

distinct

distinct and several shares in the names of more persons than one the tonnage shall be apportioned among the owners as nearly as may be in proportion 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 port of Sydney as is first named on the register And in making any such apportionment 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.

10. The Collector of Customs shall on or before the first day of February in the year one thousand eight hundred and seventy-two and in every third succeeding year make out an alphabetical list of persons entitled to vote by virtue of this Act at the election of Wardens of the said Marine Board containing the Christian name surname and residence of each such person 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 House 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.

11. The Colonial Treasurer shall within twenty-one days after the first day of February in the year one thousand eight hundred and seventy-two and in each succeeding third year nominate two Justices of the Peace to revise the said lists and such Justices shall between the twenty-first day of February and the first of March both inclusive in the year in which they are so nominated revise the list described in the next preceding section hereof at the Custom House or in some convenient place near thereto to be hired if necessary by the said Collector and shall give three clear days notice of such revision by

advertising the same in the Gazette and one or more of the daily newspapers and by affixing a 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 Justices 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 said Justices adduced by any other person named in such list and the decision of the said Justices with respect to every such claim or objection shall be conclusive And the said Justices shall immediately after the completion of such revision sign their names at the foot of the list so revised and such list so revised shall be the register of voters at elections of Wardens of the said Marine Board for three years from the second day of April then next ensuing inclusive to the first Monday of April in the third succeeding year and the said revised list when so signed shall be delivered to the Colonial 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 upon payment of a sufficient fee.

12. The said Collector of Customs if required shall for the assistance of the said Justices in revising the said list produce to them such registers hooks or documents in his possession or control as they may deem necessary.

13. Every person whose name is contained in such revised list and no other person shall be qualified to vote at the election of Wardens of the said Marine Board.
14. Every person whose name is contained in such revised list and who is at the time of election the registered owner of not less than two hundred and fifty tons of shipping and no other person shall be qualified to be elected a Warden of the said Marine Board and if any person after having been so elected shall after such election at any time cease to be an owner of such quantity of tonnage such person shall be deemed and taken to have resigned and vacated his seat at the said Board and thereupon another member shall be elected in his place.
15. No act matter or thing done or commenced by the said Marine Board shall be invalidated or otherwise prejudicially affected by reason of any irregularity or informality in the election of any Warden of such Board or of any error in the list of voters hereinbefore men­ tioned or any irregularity in the making or revising of such list or by reason of any person acting as a Warden of such Board who is not duly qualified as hereinbefore directed.

16. I t shall be lawful for the Governor to establish Local Marine Boards for carrying into effect the provisions of this Act under the superintendence of the Marine Board of New South Wales at such seaports and other places within the jurisdiction as the said Governor may with the recommendation of the said last-mentioned Board direct and appoint And the Chairman and Members of such Local Marine Board shall be appointed by the Governor and all vacancies in such Board shall be filled in like manner Provided always that the Marine Board of New South Wales shall be the authority to carry into effect the provisions of this Act throughout the jurisdiction wheresoever no Local Marine Board shall have been appointed as herein provided.

General Powers of Marine Board.

17. The Marine Board shall at all times furnish to the Colonial

Treasurer such reports accounts vouchers and documents relating

to any matter intrusted to or performed by the said Board as the	said Treasurer shall by any writing under his hand addressed to the
said Board or to the Secretary thereof from time to time require and all acts matters and things done and performed by the Marine Board shall be subject to the disallowance of the Governor.
18. The Marine Board may from time to time recommend for appointment and the Governor may appoint and employ such Secretary Surveyors Inspectors and other officers and at such remuner­ ation as he shall think adequate And the salaries or fees of all persons appointed and employed by such Board under the authority of this Act shall be paid out of the moneys appropriated by Parliament for that purpose.
19. The Marine Board shall subject as aforesaid have and it is hereby invested with full powers to carry out the provisions of this Act relating to Steam Navigation and shall also be the depart- ment to undertake the general superintendence of all matters within its jurisdiction relating to the issue suspension and cancellation of certificates of competency and service—the framing of harbour regu- lations—the preservation of ports harbours havens and navigable creeks and rivers within the jurisdiction—the licensing appointment

and

and removal of pilots—the regulation of light-houses—the superin­ tendence of lights and other sea harbour or river marks—the placing or removing of moorings—the granting and regulation of licenses to ballast-lighters—the licensing and regulation of watermen's boats and boats plying for hire—steam and other ferry boats—harbour and river steamers—and the several matters hereinafter particularly described.

20. All documents whatever purporting to be issued or written by or under the direction of the Marine Board and purporting either to be sealed with the seal of such Board or to be signed by the Secretary or other duly authorized officer of such Board shall be received in evidence and shall be deemed to be issued or written by or under the direction of the said Board without further proof unless the contrary be shown And all documents purporting to be certificates issued by the said Marine Board in pursuance of this Act and to be sealed with the seal of such Board or to be signed by any officer of such Board shall be received in evidence and shall be deemed to bo such certificates without further proof unless the contrary be shown.
21. The Marine Board may from time to time prepare and sanction forms of various books instruments and papers required by this Act or any regulations thereunder and may from time to time make all necessary alterations therein and shall before finally issuing or altering any such form give such public notice thereof as may be deemed necessary and shall cause every such form to be sealed with
such seal as aforesaid or marked with some other distinguishing mark
and to be supplied at such moderate prices as the said Board may from time to time fix or may license any persons to print and sell the same and every such book instrument and paper as aforesaid shall be made in the form sanctioned by the said Board and no such book instrument or paper as aforesaid unless made in such form shall be admissible in evidence in any civil proceeding on the part of any owner or master of any ship and every such book instrument or paper if made in a form purporting to be a proper form and to be sealed or marked as aforesaid shall be taken to be made in the form hereby required unless the con­ trary shall be proved.
22. Every person who shall forge assist in forging or procure to be forged such seal or other distinguishing mark as aforesaid or who shall fraudulently alter assist in fraudulently altering or procure to be fraudulently altered any form issued by the Marine 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 misdemeanor.
23. The Marine Board may in cases where there is reason to suspect that the provisions of this Act are not complied with exercise the following powers that is to say—It shall be lawful for the said Board to require the owner master or any of the seamen of any British ship being within any port or place in the jurisdiction to produce any official log-books or other documents relating to such seamen or any member thereof in their respective possession or control and to require any such master to produce a list of all persons on board his ship and take copies of such official log-books or documents or of any part thereof to muster the crew of any such ship to summon the master to appear and give any explanation concerning such ship or her crew or the said official log-books or documents.
24. If upon requisition duly made any person shall refuse or neglect to produce any such official log-book or document as he is herein­ before required to produce or to allow the same to be inspected or copied as aforesaid or impede any such muster of a crew as aforesaid

or

or shall refuse or neglect to give any explanation which he is herein­ before required to give or shall knowingly mislead or deceive any person hereinbefore authorized to demand any such explanation he shall for each such offence incur a penalty not exceeding twenty pounds.

25. The Marine Board may appoint any person to act as an Inspector to report to them upon any of the following matters that is to say—Upon the nature and causes of any accident or damage which any ship has sustained or caused or is alleged to have sustained or caused—whether the provisions of this Act or any regulations made thereunder have been complied with—and generally upon any matter whatsoever in relation to which jurisdiction authority or power is by this Act conferred upon the said Board.

26. The Marine Board may from time to time recommend for the approval of the Governor such fit and proper persons to fill respectively the offices of shipwright surveyors and engineer surveyors under this Act and at such ports or places as they may think desirable And the Governor may thereupon appoint such persons to the said offices And the said Board may in like manner recommend the supension or removal of any such shipwright or engineer surveyor and the temporary or permanent appointment of another in his stead.
27. The Marine Board any Local Marine Board and every member deputed by the said Marine Board or Local Board to act in their behalf and every Inspector and Surveyor appointed in pursuance of the provisions of this Act 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 what description soever to which any of the provisions of this Act extend for the purpose of examining the hull and machinery and making any report thereon required by the said Board.
(II.) They may inspect any boats equipments or materials 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 upon the nature and causes of any accident or damage which such ship or vessel has sustained or caused or is alleged to have sustained or caused.

The Marine Board and any Local Marine Board may by summons under the hand of the President or Chairman thereof require the attendance

the said Board and may require answers or returns to any questions of all such persons as they think fit upon any inquiry authorized by

and may require and enforce the production of all books papers log-
books accounts agreements or other documents relating to any such inquiry as aforesaid and may administer oaths or in lieu thereof require any person examined to make and subscribe a statutory declaration of the truth of the statements made in his examination And any person who shall wilfully impede the Marine Board any Local Marine Board or any Member or Members thereof respectively deputed as aforesaid or any Inspector or Surveyor in the execution of their duty and all persons aiding or abetting therein may be apprehended and detained by any Member Inspector or Surveyor or by any person called to his assistance until such offender can be conveniently taken before a Justice and such offender and any person who refuses to attend as a witness when so required before any person authorized in that behalf or who refuses or neglects to make any answer or to furnish any return or to produce any document in his possession or power or to take any oath or subscribe any declaration as aforesaid shall for each offence incur a penalty not exceeding twenty pounds Provided always that no person shall be required in obedience to any summons to travel

more

more than ten miles from his place of abode at the time of receiving such summons unless such reasonable allowances for expenses incident to his attendance to give evidence be tendered to him on the scale allowed in that behalf to a witness attending on subpoena to give evidence before the Supreme Court.

PART I I .

Steam Navigation.

28. The provisions contained in Part I I of this Act and all regulations made thereunder by the Marine Board shall apply to all steam-ships whether the same be British ships owned wholly or in part by subjects of Her Majesty or Foreign ships which shall be engaged in the trade of conveying passengers from any port or place within the jurisdiction to any port or place in any other part of Her Majesty's dominions and to all harbour and river steamers.

29. The owner of every steam-ship constructed or intended to carry passengers shall during the actual employment of such ship in that capacity cause such steam-ship to be surveyed twice at least in every year at such convenient times as the Marine Board may direct by a Shipwright Surveyor and by an Engineer Surveyor appointed for the purposes of carrying into execution the provisions of this part of this Act by the said Marine Board as hereinbefore provided and shall obtain a declaration of the sufficiency and good condition of the hull of such steam-ship and of the boats and other equipments thereof hereby required where such hull is constructed either wholly or partly of wood and also if the said Board so require a statement of the number of passengers (whether deck passengers or other passengers) which such steam-ship is constructed to carry under the hand of such Shipwright Surveyor and a declaration of the suffi­ ciency and good condition of the hull (where such hull is constructed of iron) and of the machinery of such steam-ship under the hand of such Engineer Surveyor and in such declaration it shall be distin­ guished whether such steam-ship is in construction and equipment adapted for sea service as well as for harbour river or lake service or	for harbour river or lake service only and when any such steamship is	adapted for harbour lake and river service only or for a limited
coasting voyage such declaration shall state the local limits within which such steam-ship is in the judgment of such Surveyor adapted for plying and such owner shall transmit such declarations to the said Board within fourteen days after the dates thereof respectively Provided that it shall be lawful for the said Board to accept and recognize all certificates being unexpired and in legal operation issued under the provisions of any Act or Statute now or hereafter in force in the United Kingdom or in any of the Australasian Colonies to any steam-ship trading to or from any port or place within the jurisdiction and the acceptance of the certificate of any such steam­ ship shall be as valid and effectual for all purposes as if such certificate had been issued under the provisions of this Act And provided always that it shall be competent for the said Board in their discretion to disallow and reject any such certificate whenever in their opinion the acceptance thereof would be attended with risk or uncertainty and any certificate so disallowed and rejected shall for and within the said jurisdiction be and be deemed to be a cancelled certificate.

30. In all cases where the same may he possible such survey shall be made and such declaration transmitted in the course of the thirty days from and after the expiration of the certificate on last survey granted as hereinafter mentioned but if the owner of any such steam-ship as aforesaid be unable to have the same surveyed in the course of such thirty days as aforesaid either by reason of such steam-ship being absent from the jurisdiction during the whole of such period or by reason of such steam-ship or the machinery thereof being under repair or of such steam-ship being laid up in dock or for any other reason satisfactory to the Marine Board then the owner of such steam-ship shall have the same surveyed as aforesaid as soon thereafter as possible and shall transmit such declarations to the said Board within fourteen days after the date thereof together with a statement of the reasons which have prevented the survey of such steam-ship at the time hereinbefore prescribed and the owner of every such steam-ship in respect of which such declarations shall not have been transmitted at the times and in the manner hereinbefore directed shall except in any case in which the survey of such steam-ship shall have been prevented as hereinbefore provided forfeit and pay the sum of ten shillings for every day that the transmission of such declarations is delayed and such sum shall be paid upon the issue of the certificate hereinafter mentioned together with the fee hereinafter prescribed unless the said Board think fit in any case to remit such forfeiture or any part thereof.

31. Upon the receipt of such declarations the Marine Board shall register the same and if they are satisfied that the provisions of this part of this Act have been complied with shall cause to be trans- mitted to the master or owner of the steam-ship to which such declarations refer a certificate signed by the Secretary and President of the said Board that the provisions hereinbefore referred to with respect to the transmission of declarations in respect of such steam-ship have been complied with and such certificate shall be called a " Sea-going Certificate" where according to the declaration of the Surveyor such steam-ship is adapted for sea service as well as harbour river or lake service and such certificate shall be termed a " Limited Coasting Cer- tificate" where according to such declaration such steam-ship is adapted for limited coasting voyages and a " Harbour or River Cer- tificate" where according to such declaration such steam-ship is adapted for harbour river or lake service only and shall set out the local

limits within which such steam-ship is to ply and where any such	steam-ship is constructed to carry passengers and the said Board think
fit so to do in order to prevent the overcrowding of such steam-ship with passengers they shall insert in such certificate the number of pas- sengers whether deck passengers or other passengers which such steam-ship is constructed to carry or is authorized to carry by the Act of the Imperial Parliament intituled the " Passengers Act of 1855" or by any Act or Acts amending the same and the said Board shall from time to time transmit lists of the steam-ships in respect of which such certificates have been issued to the officers of Customs in all ports in the jurisdiction and such officers shall cause such lists to be put up in a conspicuous place in the Custom House at each port Provided always that in case of the absence or other disability of the said President of the Marine Board the Colonial Treasurer may with the approval of the Governor appoint some Warden of the said Board to act as Vice-President and such Vice-President shall have and exercise all the powers and authorities conferred by Part I I . of this Act upon the said President.
32. The Marine Board may revoke and cancel such certifi­ cates or any certificates granted by virtue of the provisions of any Act

or

or Acts heretofore in force in any case where such Board has reason to believe that the declarations of the sufficiency and good condition of the hull and machinery of any steam-ship or either of them have been fraudulently or erroneously made or that such certificate has otherwise been issued upon false or erroneous information or that since the making of such declaration the hull or machinery of such steam-ship has sustained any injury or is otherwise insufficient and in every such case the said Board may if they think fit require the owner to have the hull or machinery of such steam-ship again surveyed and to transmit a further declaration or declarations of the sufficiency and good condition thereof before re-issuing any certificate or granting a fresh one in lieu thereof and the said Board may at any time revoke any certificate for the purpose of inserting in any certifi­ cate to be issued in lieu thereof the number of passengers which the steam-ship to which such certificate relates is constructed to carry or is authorized to carry as aforesaid.

33. It shall be lawful for the President or Vice-President of the Marine Board in cases of emergency or where in his opinion the necessity of the case shall appear to warrant a departure from the regular course of procedure hereinbefore directed to exercise all the powers with respect to the grant and issue or suspension of certificates conferred on such Board by the next two preceding sections of this Act and any certificate so granted or suspended by such President or Vice- President shall have the same force and effect as a certificate issued or suspended by the said Board Provided always that the grant issue or suspension of such certificate shall in all cases be notified to the said Board by the said President or Vice-President at the first meeting thereof after such grant issue or suspension for their confirm­ ation or disallowance.

34. No certificate of any steam-ship shall be held to be in force for the purposes of this Act for more than six months and no certificate shall be in force after notice to the owner or master of the vessel to which the same relates by the said Board that they have revoked the same Provided always that if any such steam-ship shall have been absent from the jurisdiction for the whole of the thirty days next before the expiration of the certificate last granted in respect of such steam-ship such last certificate (if not expressly cancelled or revoked) shall continue in force till the return of such steam-ship to the said jurisdiction or for twenty-one days afterwards.

35. The owner of every steam-ship requiring a certificate under this Act shall pay for every certificate granted by the Marine Board such sum as the said Board shall appoint not exceeding the sums following that is to say :—

Where the tonnage of such steam-ship does not exceed fifty

tons the sum of one pound

Where such tonnage exceeds fifty tons and does not exceed one

hundred tons the sum of two pounds

Where such tonnage exceeds one hundred and does not exceed

three hundred the sum of three pounds

And where such tonnage exceeds three hundred tons the sum

of four pounds

36. Every person who knowingly and wilfully makes or assists in making a false or fraudulent declaration or certificate with respect to any steam-ship requiring a certificate under the Second Part of this Act or who knowingly and wilfully forges counterfeits or fraudulently alters or assists in forging counterfeiting or fraudulently altering any declaration or certificate required by the said part or any words or

figures

figures in any such declaration or certificate or the signature thereto
shall he deemed guilty of a misdemeanor.

37. The owner or master of every steam-ship shall forthwith on receipt of any such certificate as aforesaid from the Marine; Board cause the same or a true copy thereof in distinct and legible characters to be exhibited in some conspicuous part of the said steam-ship so long as such certificate shall be in force under a penalty not exceeding ten pounds.

38. It shall not be lawful for any steam-ship to proceed to sea or upon any voyage or excursion with any passengers on board the owner or master of which has not received from the Marine Board a valid and unexpired certificate as hereinbefore provided And if any such steam-ship shall proceed to sea or on any such voyage or excursion without having such certificate or a true copy thereof so exhibited as aforesaid the owner or master shall for every such offence incur the following penalties viz.:—the owner a penalty not exceeding one hundred pounds and the master a penalty not exceeding twenty pounds.
39. It shall not be lawful to carry on board any steam-ship a greater number of passengers whether deck or other passengers than the numbers respectively stated in the certificate and the owner or master of any steam-ship on board which there shall be found a greater number of such passengers than the numbers thereof respectively specified in such certificate shall incur a penalty not exceeding twenty pounds and a further penalty of five shillings for every passenger over and above such specified number.

40. The following offenders (that is to say)—

(I.) Any person who being drunk or disorderly has been on that account refused admission into any duly surveyed passenger 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 persists in attempting to enter such steam-ship—
(II) Any person who being drunk or disorderly on board any such steam-ship is requested by the owner or any person in his employ to leave the same at any place in the Colony which such steam­ ship shall visit and who having had the amount of his fare (if he has paid the same) returned or tendered to him refuses to comply with such request—

(III.) Any person on board any such steam-ship who after warning by steam-ship without the permission of the master or other officer in authority shall refuse to leave such steam-ship after being requested to do so by such master or officer—	the master or any other officer of the steam-ship molests or con­
tinues to molest any passenger or who having got on board such

(IV.) Any person who after having been refused admission into any such steam-ship by the owner or any person in his employ on account of such steam-ship 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 steam-ship who upon being requested on the like account by the owner or any person in his employ to leave such steam-ship before she 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 refuses to comply with such request—

(VI.) Any person who travels or attempts to travel in any such steam­

ship without having previously paid his fare when demanded and
with intent to avoid pavment thereof—

(VII.)

(VII.) Any person who having paid his fare for a certain distance

knowingly and wilfully proceeds in any such steam-ship beyond

such distance without previously paying the additional fare for

the additional distance when demanded and with intent to avoid
payment thereof—

(VIII.) Any person who knowingly and wilfully refuses or neglects on arriving at the place or point to which he has paid his fare to quit any such steam-ship and—

(IX.) Any person on board any such steam-ship who does not when required by the master or other officer of such steam-ship either pay his fare or exhibit such ticket or other receipt (if any) showing the payment of his fare as is usually given to persons travelling by and paying their fare for such steam-ship—

shall for every such offence incur a penalty not exceeding twenty pounds Provided always that such liability in respect of the said penalty shall not affect the right to recover any fare lawfully payable by him.

41. Any person on board any such steam-ship who wilfully does or causes to be done anything in such a manner as to obstruct or injure any part of the machinery or tackle of such steam-ship or to obstruct impede or molest the crew or any of them in the navigation or manage­ ment of such steam-ship or otherwise in the execution of their duty upon or about such steam-ship shall for every such offence incur a penalty not exceeding one hundred pounds.

42. Every person who having committed any of the offences mentioned in the last two preceding sections or either of them refuses on application of the master to give his name and address or who on such application gives a false name or address shall incur a penalty not exceeding twenty pounds.

43. I t shall be lawful for the master or other officer of any duly surveyed passenger steam-ship and for all persons called by him to his assistance to detain any person who has committed any offence against any of the provisions of the two last preceding sections hereof and

whose name and address are unknown to such officer and to convey such offender with all convenient despatch before some Justice without

any warrant or other authority than this Act and such Justice shall have jurisdiction to try the case and shall proceed with all convenient

despatch to the hearing and determining of the complaint against such

offender.

44. Engineer and Shipwright Surveyors shall make such returns from time to time to the Marine Board with respect to the build dimensions draft burden rate of sailing room for fuel and the

nature and particulars of machinery of the steam-ships surveyed by	them as shall be required by the said Board and every owner master
and engineer of any such steam-ship shall on demand give to such Surveyors all such information and assistance within his power as may be required by them for the purpose of such returns and every such owner master and engineer who on being applied to for that purpose
wilfully refuses or neglects to give such information or assistance shall
incur a penalty not exceeding fifty pounds.
45. The said Surveyors shall execute their duties under the direction of the Marine Board and in the execution of such duties it shall be lawful for them to go on board any steam-ship at all reasonable times to inspect the same or any part thereof or any of the machinery boats equipments or articles on board thereof to which the provisions of the Second Part of this Act or any of the regulations to be made by virtue thereof apply not unnecessarily detaining or delaying such steam-ship from proceeding on any voyage and if in consequence of any accident to any such steam-ship or for any other reason they consider it necessary the said Board may require

H such

such, steam-ship to be taken into dock or placed on a slip or on any other convenient place to be surveyed And any person who obstructs or hinders any such Surveyor in going on board any such steam-ship or otherwise impedes him in the execution of his duty hereunder shall incur a penalty not exceeding fifty pounds.

46. Every Surveyor or other officer who demands or receives directly or indirectly from the owner or master of any steam-ship sur­ veyed by him under the provisions hereof any fee or remuneration whatsoever for or in respect of such survey or otherwise than by the direction of the said Board shall incur a penalty not exceeding one hundred pounds.

47. The owner of every steam-ship built of iron of one hun­ dred tons burden or upwards the building of which shall have been commenced since the twenty-fourth day of July one thousand eight hundred and forty-seven and. the owner of every steam-ship built of iron of less burden than one hundred tons the building of which shall have commenced after the twenty-eighth day of December one thousand eight hundred and fifty-two and all steam-ships used as steam-tugs the building of which shall be commenced after the passing of this Act shall cause the same to be divided by trans­ verse water-tight partitions so that the fore part of such steam-ship shall be separated from the engine-room by one of such partitions and so that the after part of such steam-ship shall be separated from the engine-room by another of such partitions And the owner of any steam-ship hereinbefore required to be so divided which shall proceed to sea without being so divided shall incur a penalty not exceeding two hundred pounds.
48. I t shall not be lawful for any steam-ship liable to survey by the provisions of this Act to go to sea or steam upon any navi­ gable waters within the jurisdiction without having two safety-valves upon each boiler one of which shall be out of the control and inter­ ference of the engineer except only for the purpose of opening the same and keeping it free and such safety-valve shall be deemed to be a necessary part of the machinery upon the sufficiency of which the Engineer Surveyor is to report as herein provided.
49. No steam-ship shall proceed to sea unless provided with a hose adapted for the purpose of extinguishing fire in any part of such steam-ship and capable of being connected with her engines nor if carrying passengers without being provided with the following means of making signals of distress that is to say twelve blue-lights

twelve charges or with such other means of making signals as shall	or twelve port-fires and one cannon with ammunition for at least
be approved by the Marine Board.
50. Whenever any steam-ship has sustained or caused any accident occasioning loss of life or any serious injury to any person or has received any material damage affecting her seaworthiness or efficiency either in her hull or in any part of her machinery the owner or master of such steam-ship shall within twenty-four hours after the happening of such accident or damage or as soon thereafter as possible transmit through the Post Office to the Marine Board by letter signed by such master a report of such accident or damage and. the probable occasion thereof stating the name of such steam-ship the port to which she belongs and the place where she is and if such master neglect so to do he shall for such offence incur a penalty not exceed­ ing fifty pounds.
51. If the owner of any steam-ship have reason to believe that such steam-ship has been wholly lost he shall with all possible despatch send notice thereof to the Marine Board and if he neglect so to do within a reasonable time he shall for such offence incur a penalty not exceeding fifty pounds.

52. Before any foreign owned steam-ship shall clear out or proceed on any voyage with passengers from any port within the juris­ diction to any port or place in Her Majesty's possessions the owner or charterer or in the absence of such owner or charterer one good and sufficient person on his behalf to be approved of by the Chief Officer of Customs at the port of clearance shall with the master of the said steam-ship enter into a joint and several bond in the sum of five hundred pounds to Her Majesty Her Heirs and Successors accord­ ing to the form contained in Schedule B the condition of which bond shall be that the said steam-ship is in all respects sea­ worthy and that all the requirements herein prescribed and of any Regulations hereunder made have been and shall so long as the said steam-ship shall be engaged in the trade of so conveying passengers as aforesaid bo in all respects well and truly fulfilled and performed and that the master of such steam-ship shall submit himself in like manner as a British subject being the master of a British steam-ship to the jurisdiction of such Courts and authorities as are hereby

empowercd to adjudicate on offences committed against this Act and the said Regulations and shall and will well and truly pay all penalties

fines and forfeitures which he may be adjudged to pay in respect of any breach or non-performance of any of the requirements hereof or of the said Regulations.

PART I I I .

Pilots and Pilotage.

53. The Marine Board shall subject to the approval of the
Governor be the department to do all or any of the following things
within the jurisdiction that is to say :—
To determine the qualifications to be required from persons applying

to be licensed as pilots whether in respect of their age skill time
of service character or otherwise

To make regulations as to the approval and licensing of pilot-boats To make regulations for the government of the pilots licensed by them

and for insuring their good conduct and constant attendance to To grant licenses to pilots and apprentices and pilotage certificates

and effectual performance of their duty either at sea or on shore

as hereinafter described to masters and others and to fix the terms and conditions of such licenses and certificates and to make regulations for punishing any breach of such regulations as aforesaid committed by such pilots or apprentices or by such masters and others by the withdrawal or suspension of their licenses or certificates as the case may be or by the infliction of penalties recoverable as hereinafter directed Provided that no such penalty shall exceed the sum of twenty pounds and that every such penalty bo capable of reduction at the discretion of the Justices by whom the same is inflicted

To regulate the mode of remunerating pilots.
54. There shall be payable and paid at every port or place within the jurisdiction at which there shall be a pilot establishment a pilotage rate upon every ship except as hereinafter excepted of four- pence per ton on her arriving at and on her departing from such port or place and one moiety of such rate in case of her being com­ pelled to return into such port or place after having put out to sea or in case of her being compelled to put into such port or place

through

through stress of weather or for repairs Provided that in respect of any such ship the amount of such rate shall not in any case he less than two pounds ten shillings for the port of Sydney or Newcastle nor less than one pound five shillings for any other port or place within the jurisdiction.

55. There shall he payahle and paid at every port or place as aforesaid at which there shall be a pilot establishment upon every regis- tered ship whether propelled by steam or otherwise (vessels employed in the whaling trade excepted) a half-yearly harbour and light rate of fourpence per ton And the payment of such half-yearly rate shall be made on or before the thirtieth day of June and the thirty-first day of December in each year to the Collector of Customs at such port or place And such half-yearly payment in respect of any such ship at any such port or place shall for the period for which the same shall have been made exempt such ship from any further charge for harbour and light rates at any other port or place as aforesaid where tonnage dues are now or may hereafter be leviable Provided that no harbour and light rate shall be levied on any ship compelled to put into any such port or place by stress of weather or to repair damages.

56. Every registered ship whether propelled by steam or otherwise the master of which possesses a pilotage certificate and every such ship engaged in the whaling trade shall except in cases where the master thereof shall actually employ the services of a pilot be exempt from pilotage and every such ship shall from the time of her approaching within three leagues of such port or place as aforesaid up to the time of her anchoring keep flying such distinguishing flag as the Marine Board shall for that purpose direct And the master of such ship shall possess and shall show to the Collector or other authorized officer at such port or place if required by him the certificate of pilotage which he is required to possess under this Act.

57. The master of any ship may upon giving due notice apply to the Marine Board to be examined as to his capacity to pilot the ship of which he is master or ships of the tonnage specified in Schedule C within the jurisdiction and such master shall if the said Board think fit thereupon be examined and if found competent a pilotage certificate may upon payment by him of the fees specified in the said Schedule be granted to him containing his name a specifica­ tion of the ships in respect of which he has been examined and a description of the limits within which he is to pilot the same and

within the limits therein described without incurring any penalties for	ships therein specified of which he is acting as master at the time such certificate shall enable the person therein named to pilot the
the non-employment of a qualified pilot And the provisions of this section shall be equally applicable to and available for any person who not being master of a ship shall nevertheless desire to obtain a pilotage certificate in view of his procuring a command.
58. Every pilot shall pay the following license-fees that is to say for a first-class pilot's license the sum of three pounds and for a second-class pilot's license the sum of two pounds and the Marine Board shall have power to revoke or suspend the license of any pilot appointed by them and the pilotage certificate granted to any master or other person in such manner and for such period as they may deem expedient.
59. Every licensed pilot when required by the Marine Board shall produce or deliver up his license and on the death of any qualified pilot the person into whose hands his license happens to fall shall without delay transmit the same to the said Board and any pilot or person failing to comply with the provisions of this section shall incur a penalty not exceeding ten pounds.

GO. If the master of any ship arriving at or off any port or place within the jurisdiction and intending to enter that port or place shall not receive on hoard such ship the first pilot who shall offer himself and demand to conduct such ship into such port or place or shall not forthwith on demand and upon the pilot so offering himself (producing if required his license as such pilot) give the ship in charge of such pilot or if the master of any ship shall proceed to sea or quit his station or anchorage from and within any such port or place without receiving on hoard a qualified pilot to con- duct the said ship to sea every such master shall over and above the amount which would have been payable for pilotage if such pilot's services had been actually engaged incur a penalty not exceeding twenty pounds Provided that nothing herein contained shall extend to any ship the master of which holds a valid certificate of pilotage in accordance with the provisions of this Act or to any ship engaged in the whaling trade.

6l. Any person not being duly licensed or holding a pilotage certificate found acting as a pilot for any ship either entering or navigating in or leaving any port or place within the said jurisdiction to which the provisions of this Act extend shall incur a penalty not exceeding fifty pounds.

G2. Every pilot in charge of any ship who shall be detained and remain on board any such ship for a period exceeding twenty-four hours after he shall have taken charge shall in case such detention shall have been occasioned by stress of weather or other unavoidable cause be entitled to demand and receive from the master owner or agent of such ship over and above the amount of pilotage chargeable by virtue of this Act or any regulation thereunder the sum of ten shillings for each and every day upon which he shall be so detained and such pilot shall not be bound to conduct such ship to sea until payment thereof shall have been duly made to him or shall have been secured to his satisfaction And any sum of money to which any pilot may be entitled under this section may be recovered by him summarily in manner hereinafter directed in respect of the recovery and enforcement of penalties under this Act.

63. When the master of any outward-bound ship who shall have applied for a pilot shall afterwards find that he does not require the services of a pilot on the day on which such pilot shall first have been appointed to attend and shall notify the same to the pilot immediately on his arrival to take charge of the said ship no payment	shall be made in respect of such first attendance but if after any
renewed application for a pilot such master shall again find that he
is not prepared for sea such master owner or agent of such ship shall pay or secure to be paid to the pilot who may attend in consequence of any such renewed application the sum of ten shillings for each day that such pilot shall be so detained or for every such attendance although such pilot so attending shall quit the said ship by reason of his services on that day being dispensed with by the master at the time of such attendance and no pilot shall be bound to take such ship to sea until such payment shall have been made or secured to the satisfaction of the pilot entitled to the same.
64. As to every ship registered at any port in the United Kingdom or any British Possession the amount of tonnage specified in the certificate of registry shall for the purposes of this Act be deemed to be the tonnage of such ship.
65. In case the tonnage of any ship entering any port or place within the jurisdiction shall not have been registered or any dispute shall arise as to the tonnage thereof the Collector of Customs shall

measure

measure such, ship in manner prescribed by the Act of the Imperial Parliament in force for the time-being regulating the mode of measurement for British ships.

66. The master of every ship on her arrival in any port or place within the jurisdiction shall cause such ship to be brought to anchor at such place as the licensed pilot if he shall be on board such ship or if not then at such place as the Harbour Master or his assistant shall direct And every such master who refuses or neglects to comply with the requirements of this section shall incur a penalty not exceeding twenty pounds.

67. All rates and dues authorized by this Act shall be paid to the Collector of Customs and if at any port or place as aforesaid there shall be no such Collector then the pilot may demand and receive the same And all such rates and dues shall be accounted for and paid to the Colonial Treasurer to be by him paid into the Consolidated Revenue Fund.

68. No ship shall be cleared at any Custom House until all rates and dues authorized by this Act shall have been duly paid in respect thereof and a certificate shall have been granted to the master thereof by the Collector of Customs or pilot as the case may be that such payment has been duly made.

69. No owner or master of any ship shall be answerable to any person whatever for any loss or damage occasioned by the fault or incapacity of any qualified pilot acting in charge of such ship within the limits where the employment of such pilot is compulsory by law.

PART IV.

Examinations and Certificates of Masters Mates and Engineers.

70. It shall be lawful for the Marine Board and also for any Local Marine Board at their respective ports to provide for the examination of persons who desire to qualify themselves as masters or mates of foreign-going or coast-trade ships or who wish to procure certificates of competency as hereinafter described and the said Marine Board may recommend and the Governor may appoint Examiners to	conduct such examinations and any Member of the Marine Board or	of any Local Marine Board of the port or place where the examination
is held may be present and assist at any such examination.
71. The Marine Board may from time to time lay down rules as to the conduct of such examinations and as to the qualifications of the applicants and such rules shall be strictly adhered to by all examiners and no examiner shall be appointed unless he possesses a certificate of qualification to be from time to time granted or renewed by the said Board and the said Board may at any time depute any of its members or officers to be present and assist at any examination and if it appears to the said Board that the examinations for any two or more ports can be conducted without inconvenience by the same examiners it may require and authorize such examination to be so conducted.
72. All persons to whom a certificate of service or competency shall be granted by the Marine Board shall pay for such certificate the respective fees specified in Schedules D and E to be paid into the Treasury to the account of the Consolidated Revenue.

73. Subject to the proviso hereinafter contained the Marine Board shall deliver to every applicant who is duly reported by the examiners to have passed his examination satisfactorily and to have given satisfactory evidence of his sobriety experience ability and general good conduct on board ship a certificate hereinafter called a " Certificate of Competency" to the effect that he is competent to act as master or as first second or only mate of a foreign-going ship or as master or mate of a coast-trade ship as the case may be Provided that in every case in which the said Marine Board has reason to believe such report to have been unduly made such Board may remit the case either to the same or to any other Examiners and may require a re-examination of the applicant or a further inquiry into his testimonials and character before granting him a certificate.

74. Certificates of service differing in form from certificates of

NOTE.—The two articles numbered 1 1 and 1 3 respectively only apply to cases where ships arc meeting

end on or nearly end on in such a manner as to involve risk of collision They consequently do not

apply to two ships which must if both keep on their respective courses pass clear of each other

The only cases in which the said two articles 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 masts of 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

The said two articles do 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 one ship is opposed to the red light of the other or where the green light of one ship is opposed to the green light 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.

DIAGRAMS

To illustrate the use of the Lights carried by Vessels at Sea and the manner in which they indicate to the Vessel which sees them the position and description of the Vessel that carries them.

W H E N BOTH R E D A N D G R E E N LIGHTS ARE SEEN.

A sees a red and green l ight ahead A knows that a vessel is approaching her on a course directly opposite to her own as 13.

If A sees a white mast-head l ight above the other two she knows that B is a

steam-vessel

W H E N

W H E N THE R E D A N D NOT THE G R E E N L I G H T I S SEEN.

A sees a red l ight ahead or on the how A knows that e i ther—1 a vessel is

approaching her on her port how as B

or 2 a vessel is crossing in some direction to port a s D D D .

If A sees a white mast-head l ight above the red l ight A knows tha t the vessel is a steam-vessel and is either approaching her in the same direction as B or is crossing to port in some direction as D D D .

W H E N THE G R E E N AND NOT THE B E D L I G H T IS SEEN.

A sees a green l ight ahead or on the bow A knows tha t e i ther—1 a vessel is

approaching her on the starboard bow as B

or 2 a vessel is crossing in some direction to starboard as D D D .

If A sees a mast-head l ight above the green l ight A knows tha t the vessel is a steam vessel and is either approaching her in the same direction as B or is crossing to starboard in

some direction as D D D.

NOTE.—The foregoing regulations are exactly the same as those issued on the 9th January 1863 and the 30th July 18G8 by the Queen in Council. I t is stated in the notice of the Board of Trade issued on 2nd September 1865 that these regulations apply to all ships whatever their nationality within the limits of British jurisdiction and to British and French ships whether in British jurisdiction or not They also apply to ships belonging to the following countries and places whether in British jurisdiction or not:—

Date of Gazette Date of Gazette

Country or Place. containing Country or Place. containing

Order in Council. Order in Council.

Austria. . .	1st May 1863.	Netherlands ...	15th Sept. 1863.
Argentine Republic ...	15th Sept. 1863.	Norway	15th Sept. 1863.
Belgium	1st May 1863.	Oldenburgh ...	1st May 1863.
Brazil ...	28th July 1863.	Peru ...	28th July 1863.
Bremen...	28th July 1863.	Portugal	1st May 1863.
Chile	20th Nov. 1863.	Prussia	1st May 1863.
Denmark (Proper)	5th Feb. 1864.	Roman States	20th Nov. 1863.
Equator (Republic of the)	28th July 1863.	Russia	28th July 1863.
Hamburg	28th July 1863.	Schleswig	5th Feb. 1864.

Hanover	. . .	1st May 1863.	Spain ...	28th July 1863.
Hawaiian Island	30th June 1865.	Sweden	28th July 1863.

1st May 1863. Turkey 20th Nov. 1863. 30th Aug. 1864.

Hayti ... ...

Italy	1st May 1863.	United States (sea-going ships)	2nd Dec. 1864.
Lubeck ...	28th July 1863.	United States (inland waters)	28th July 1863.
Mecklenburg-Schwerin	1st May 1863.	Uruguay
Morocco	28th July 1863.
S C H E D U L E H .

S C H E D U L E H .

Harbour Removal Dues.

A TABLE of t h e D u e s payable for removing ships from one place to ano ther—

£ s. d.

F o r any ship no t exceeding 300 tons	1 0	0
Exceeding 300 tons and no t exceeding 400 tons	1 5	0

do.	400	do.	500 tons	1	10	0
do.	500	do.	600 tons	1	15	0
do.	600	do.	800 tons	2	0	0

do. 800 do. 1,000 tons 2 10 0

do. 1,000 3 0 0