Pearl Shell Fishery Act 1886 (WA)

50 VICTOBLE. No. 7

The Pearl Shell Fisher!' Act, 1886

WE STERN AUSTRALIA

ANNO QUINQUAGESMO

VICTORLE REGIME

No. 7

An Act to consolidate and amend the law relating to the

Pearl Shell Fishery Special Revenue.

[Assented to 12th. July, 1886.

HEREAS it is expedient to consolidate and amend the law rreambh,

WFishery on the Northern Coast of the Colony, and to make betterrelating to the Special Revenue derived from the Pearl Shell

provisions for the collection of Customs duties from vessels engaged in such Fishery : Be it enacted by His Excellency the Governor of Western Australia, and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows :-

1. In the construction of and for the purposes of this Act, the Interpretation

following terms shall, if not inconsistent with the context or subject matter, have the respective meanings hereby assigned to them (that is to say) :

`Ship' shall mean and include any and every sort of vessel or craft of any sort or size, and whether propelled by oars only or not, and whether decked or not, and whether having a fixed mast or not, other than boats as defined by this Act.

Boat' shall mean and include only such small craft, not ex- ceeding two tons burthen, as belong to and are ordinarily attached to or carried on board a vessel licensed as a ship under this Act.

Uncustomed ' provisions, goods, or merchandise shall mean provisions, goods, and merchandise, the duties payable on the importation or landing whereof by any law of Customs have not been paid in this Colony.

Provisions' shall include every article of food, and shall mean not only all alimentary substances whether solids or liquids, but also all eatables and drinkables whatsoever.

Goods' shall include all goods within the meaning of any law

of Customs.

Licensing Officer' shall mean any person appointed by the

Governor to be a Licensing Officer under this Act.

Papers ' shall mean and include the certificate of registration of any ship, her transire or port clearance from her last port of departure, her manifest, list of passengers and bill of health, all bills of lading relating to her cargo.

A ship shall for the purposes of this Act be deemed to be ' used or

employed in the Pearl Shell Fishery' if she

(1) Be used as a place of refuge for divers engaged in the Pearl

Shell Fishery, or

50 VICTORIX. No. 7

The Pearl Shell Fishery Act, 1886

(2) Be used as a place for storing pearl shells within one week

after they are collected, or

(3) Be used as a place of refuge for persons engaged in super- intending the operations of persons diving for pearl shells, or

(4) If her boats are used as places from which persons dive for pearl shells, or be used in the immediate collection of pearl shells found or recovered by divers or otherwise.

(5) Be used as a place for the storing of uncustomed provisions for the victualling of divers or other persons engaged in the Pearl Shell Fishery, or for sale to or use by any such divers or other persons.

(6) If uncustomed provisions or any uncustomed goods or merchandise whatever be unladen therefrom into any ship used or employed in the Pearl Shell Fishery, within the definition of this section, or her boats, or for the purpose of being put on board of any such ship or her boats.

A boat shall for the purposes of this Act be deemed to be `used or employed in the Pearl Shell Fishery' if it belongs to or is ordi- narily attached to or carried on board any vessel licensed as a ship under this Act during such time as such ship is used or employed in the Pearl Shell Fishery.

No ship to be	2. From and after the passing of this Act it shall not be lawful to
sisal or em-

ployed in the	use or employ any ship in any pearl shell fishery of the Colony, other
pearl shell	than the pearl shell fishery at Sharks Bay, unless the same be duly
fishery without
a license	licensed as hereinafter provided. The owner, master, or other person in charge of any ship offending against the above provisions shall be guilty of an offence ; such offence shall be cognisable before any two Justices of the Peace, who, on proof thereof, shall convict the Master, owner, or other person in charge of such ship, in a penalty not exceed-
Penalty	ing One hundred pounds, and shall keep and detain such ship, together with everything on board the same, for the space of three months, unless such penalty be sooner paid, and at the end of such period of three months shall declare such ship, together with everything on board the same, forfeited for the use of Her Majesty, but for the purposes of this Act ; and such ship, together with everything on board the same, shall after such declaration be forfeited accordingly, and shall be sold, and the proceeds dealt with as the proceeds of a penalty in the manner provided by this Act. Provided always, that notwithstanding anything in this section contained, the payment of any such penalty, or so much thereof as may not be realised by the sale of any ship or things on board the same as aforesaid, declared to have been forfeited as aforesaid, may be enforced by any means pro- vided by law for the general enforcement of penalties.
Licensing officer	3. The Licensing Officer shall, subject to the provisions of section eight, grant a license under this Act to use or employ any ship in the Pearl Shell Fishery, the master of which is not disqualified as herein- after mentioned, on the owner, master, or other person in charge of the same applying for such license depositing with such Licensing Officer the papers of such ship, and paying a fee of One pound, and
for ships
to grant licenses

50 VICTORIA. No. 7

The Pearl Schell Fishery Act, 1883

the Licensing Officer shall give a receipt for such papers. All papers deposited as aforesaid shall be returned to the owner, master, or other person as aforesaid on his bringing his said ship into the port where the license was obtained, accounting to the satisfaction of the Prin- cipal Officer of Customs at such port for all pearl shells gotten by the said ship since the granting of the license ; and either

(a) landing any pearl shells which she may have on board at

the said port ; or

(1)) in case the said ship is about to start for some other port or place within the Colony, entering such pearl shells on the cargo book required to be kept by section fifty-four of ' The Customs Ordinance, 1860; in the same way as if the said pearl shells had been taken on board at the said port ; or

(c) paying any export duty payable in respect of the same ;

and in any such case as aforesaid surrendering the license and receipt

granted and given as aforesaid.

4. Any Licensing Officer shall, on grantinga any license to any License. s!tip to

person to use or employ any ship in the Pearl Shell Fishery, forth- itill;"%Vie where the license is obtained, to be legibly painted on each bow of such ship above the water-line, such figures and letter to be not less than one foot high, and shall so long as the said ship continues to be used or employed in the said fishery maintain such figures in a clear and legible manner. Any master, owner, or other person in charge of any ship violating this provision shall be guilty of an offence which shall be cognisable before two Justices of the Peace, who on proof thereof shall inflict a fine or penalty not exceeding Five pounds.

with determine on some figures not exceeding three, which are during ligMCS

the currency of such license to be deemed the characteristic figures

of such ship. And the master, owner, or other person in charge

of such ship shall before using or employing her in the Pearl Shell

5. All licenses granted as aforesaid shall run and hold good up Duration of

to the thirtieth day of June next after the granting of the same ; provided that if any such license be surrendered before that day, it shall cease to be of any force or effect from the time 'of such surrender,

6. A license under this Act to use or employ any ship in the T.icfen.es to

Pearl Shell Fishery shall be in the form given in the Schedule to ;c11:1:,;10 this Act.

7. Any license granted on the deposit of forged papers shall be TA"nses ra"fei on forged paper$

utterly null and void, to all intents and purposes. No license to be

8. No license under this Act shall be granted to any ship until grantedtn:itil the duty chargeable upon the importation or landinn . of all goods, Ns= dt'ities

stores, and provisions laden on board such ship (excepting only such goods as hereinafter mentioned) shall have been first paid in this Colony, notwithstanding such goods, stores, or provisions shall not be intended to be landed, and the same shall be entered for duty by the master of such ship, and such master shall for all the purposes of The Customs Ordinance, 1860,' or of any law of

50 VICTORI2E. No. 7

The Pearl Shell Fishery Act, 1586

Customs be deemed and taken to be the importer of such goods,

Exemption from

stores, and provisions. Provided always, that no duty shall be levi-

Custom duty as

to certain goods

able upon or in respect of any diving dresses or other diving apparatus or any gear belonging thereto or designed for use in connection with such dresses or apparatus.

Export duty

Penalty

Notice of export

of pearl shells to

be given

to collector

Certificate to

be granted

And permit

Presumption as

9-13. [Repealed by 59 Vie., No. 1.]

to packages con-

taining mixed

shells

Onus of proof as

to nature and

quality of shells

Mode of seizure

and recovery of

forfeitures

Ship to bring-to	14. That where any ship shall be found within the limits of any port of the Colony, or within a league from the coast thereof, and shall not bring-to upon signal made by any ship or boat in Her Majesty's service, or in the service of the revenue, hoisting and carry- ing the proper pendant and ensign or Custom House flag, in order to bring such ship to, the master of every such ship shall be guilty of an offence, and on summary conviction thereof before two or more Justices of the Peace in Petty Sessions shall forfeit and pay a penalty not exceeding One hundred pounds, and shall for ever thereafter be disqualified from obtaining a license under this Act.
on signal from
Revenue vessel
Officers of	15. That it shall be lawful for any officer of Customs within the of any vessel in the service of the revenue, at any time to board any ship within the limits of any port of the Colony or within a league from the coast thereof, and to search all parts of such ship and freely to stay on board for such purpose ; and if such of ficer shall be satisfied that such ship is being used or employed in the Pearl Shell Fishery, and the master or other person in charge thereof shall not on demand produce to such officer the license of such ship under this Act ; or if such officer shall have reason to suspect that any such ship is or has been engaged in the exportation of pearl shells the duty whereon has
Customs may
board and	meaning of The Customs Ordinance, 1860; or any officer in charge
search ship

her into pert into port and to proceed against the owner, master, or other person in And may bring not been paid, it shall be lawful for such officer to bring such ship

charge thereof under any of the provisions of this Act applicable to the case. And any person who shall obstruct any officer as aforesaid in the operation of any of the powers hereby vested in him shall, on summary conviction thereof before two or more Justices of the Peace in Petty Sessions, pay a penalty not exceeding One hundred pounds.

Onus of proof on

16. In all cases of proceedings taken for the recovery of any

forfeiture or penalty imposed by this Act, the onus of proof that the

requisitions and provisions by this Act made and required have been

All moneys raised

omphed with shall lie on the defendant.

defendant

under this Aet 17. All moneys paid in respect of licenses, royalties, and other-

to be paid into wise under this Act, together with the proceeds of all penalties that Treasury

50 VICTORI2E. No. 7

The Pearl Shell Fishery Act, 1880

may be inflicted under this Act, shall be paid into the Colonial

Treasury.

18. This Act shall be deemed to be a law of Customs, within the Act to be decimal

meaning of The Customs Ordinance, 18602 alaw of Customs

1853,' are hereby incorporated with and shall be taken to form part Ordinance 19. Sections A, D, E, H, and I of The Shortening Ordinance, Shortening'

of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act.

20. The Northern District Special Revenue Act, 1873,' and recent

' The Northern District Special Revenue Act, 1879, Amendment Act,

1878,' are hereby repealed.

- 21. This Act may be cited as The Pearl Shell Fishery Act, 1880.' slur tle

F. NAPIER BROOME,

GOVERNOR.

SCHEDULE

Font OF LICENSE

These are to certify that, whereas master or owner of the schooner ' Marian,' has applied to me for a license to use and employ the said ship in the Pearl Shell Fishery, from the date hereof up to the 30th day of June, 188 and has deposited with me the papers of the said ship enumerated and described on the back hereof, and has paid the sum of One Pound for such license as aforesaid, the said ship is hereby licensed under ' The Pearl Shell Fishery Act, 1880,' to be used and employed in the Pearl Shell Fishery of the Colony of Western Australia, from the date hereof up to the thirtieth day of June next ensuing.

The characteristic letter and figures of the said ship during the currency of this license are to be , which are to be painted on the said ship in accordance with the provisions of the above-named Act.

As witness my hand, this	day of	A.D. 18
A .B.

Licensing Officer at the Port of