Ports and Harbours Act 1838 (SA)

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

No. 3.

@&c< Ye*&& 4b

As Act fir the better presercafion of the Ports, Harbors, Hauem, A.-/& &&g+

Rnarktends, Channels, Nauigdle Creeks, and Rivers, 'in Hsr A

M!jely 's Prorice oJ South Australia ; and for the better A?,, - ,4897 *

chr l~lnsculine gender sllall mean equally tlm feminine.

rtngufulion of Shipping and their Crews in the same.

c- /&a

- 1

E it Enacted, by His Excellency John Hindmarsh, l$ni l r t of E D ~ ~ ~ ~ C ~ ~ * ~

Snvy, Governor and Commander-in-Chief of Her Majesty's Pro- of South Australia, by and with the advice and coweat	13 111, Royd Haloverirn Gtwlplile Order, Cnphin in tb %oyd
of' the Council thereof, as follows :

Tlmt, throughout this Act, nU words in the plurnl number shall 'Ma(Lqd-

tdwn to m a n equally the singular number, and vice vmu; and

hlht or mbbirh	III.	That if a t any time, from and after the passing of this Art, the
octobdi~chn~ed

in hbac.	master, or any other person belongng to any boat or vessel, or any other Derson whomsoever, stinll d~scharge, throw out, or utihde,' or cause br permit to be didlstged, t h r o G but, or unliden, from and out of any bont or vessel whatsoever, being witliitl any port, Imrbor, haven, roadstend, cliannel, or nnvipnble creek or river within this Province or its dependencies, any ballast, nlbbish, gmvcl, earth, stone, wreck, or filth, the master or other person commnading such boat or vessel shall fo~feit and pay for every such offence a
sum of not less than Forty Sliillings nor more tkan Fifty Pounds:
And if any person from the shore sllall throw into any port. Imrbor, haven, roadstead, channel, or navigable creek or river within this Province or its dependencies, any ballast, rubbish, earth, gravel, atone, wreck, or filth, such person shall frdeit and pay for every such offence a sum of not less than Forty Shillings nor more than Fifty Pounds.

Penalty if bdluC	IV. That if any ballast, rubbish,	. vel, earth, stone, m c k, or
landed I# not

lrsmor~d filth, be landed from any boat or vessec r brought or placed by any other means upon nuy public pier, quay, or other place used for the latlding of goods or passengers, or on any place on which ballast,

-	rubbish, gravel, earth, stone, wreck, or filth slidl, by a public notice,
be prohibited to be thrown or I d, and the same shnll not be removed to the place or places specially appointed for the reception thereof within twenty-four hours after the =me s h d have been landed or placed, then, and in every such case, any person bringing
or placing, or the master or ot.l~er person commanding the bont or

#	vessel from which such ballast, rubbish, gmvel, earth, s h e, wreck,
or filth shall have been landed, shall forfeit and pay for every such offence a sum of not less than One Pound or more than Five Pounds,
over and above the expense of the r e m o d thereof.

~ u p n l i ~ r t o ~ d V. That in the taking of ballast into any vessel or boat, and also

in the discharging of the same from any vessel into any b a t or other vessel, every such vessel or bont sbnll nrnlie use of o~le or more tnrpnulins, pro erly spread, in order to prevent such hllnst, or nny

art thereof, rom falling into the sea, or into any port, Itarbor, P

*	gaven, channel, or migablo creek or river of this Proviace; and
every person failing to comply with this regulntion s h d for every
such offence forfeit and pay the sum of Five Pounds.

Sunk OT stranded VI. That if my vessel shall, n&r the passing of this Act, bc

rswnsd within ow

sunk, stranded, or run on- shore in any port, harbor, haven,

**matb.

roadstead, channel, creek, or navigable river witllicr the mid h-

vince, and the master, owner, or oher persona hnvbg or claiming

property therein, or the command thereof, hall not clear such

port, hsrbor, haven, roadstead, channel, creek, or ~mvipble river

therefrom

lbcrpfrom within one calendar month after notice to that effect s h d

have been given by the Harbor Master or ally one Justice of tile

~ ~ ~. ~ c e, or within such other rensonable time after notice so given as

surl l Uarhor Xaqtcr or Jnstice shall appoint, then atid in every

rltc)l case it shall be lawful for the Resident Magistrate or any two

Jasticea of the Peace, and they are hereby authorized and required,

tllc complaint and at the suit and instance of the said Hnrbor

blnrter or Justice, to issue their warrant for seizine and removing

ntlcll veswl, and also the rigging and tackle thereof, in such manner

M prlcll Resident Magistrate or Justices shall order and direct, and

fc,r mas'ng the same to be sold in such manner ss shall be thought

F~lnl icnt ; and with the money arising from such sale to pay the

rl~rrgeu a~ld expenses of ele:@ig the port, herbor, haveu,, road-

d d, cI1anneJ, creek, or river, where suck vessel lies, and also the

rbm<ees and expenses of seizing, removin~, and selling such vessel,

r iq i~q, or txlde, paying tlie overplus (if any) to the Treasurer of 11w Province for the use of the owller; aud, if the money arising fmla such sale shall not be sufficient to defixy the charges and

C ~ I K ~ I I Y C S of seizing, removing, and selling soch vessel, tlie excess

of E I I C ~ I charges and expenses beyond the amount of the money

nrihg from such sale shall be chargeable to and against the

rnnqtclr or owner of such vessel, at the election of the Harbor

hhtrr or Justice of the Pence at whose instance or suit such pro-. ccwlinp as lastly mentioned shall have been had or instituted, and

if not paid within five days a tkr having been demanded, shall be

nrovcrd in a summary way at the instance of such Harbor .\hr+r or Justice of the Peace before any fte~ident Magistrate b r

two Justices of the Peace of the Province.

VII. That if after the passing of this Act, any tree or trees be ~rcos wsd ob- 6tructing navipbb

fdlnl on the shore of any navigable river or creek 60 that the r i - n b b r r d

~ ~ i p t i o n thereof shall be in any way obstructed thereby, if the -m-

wtnc 14 not removed withiu two days after having been so felled,.	.
h owner or occupant of the land from which soch tree.or trees * h l l bo cnt shall forfeit and pay the gum of Five Pounds for every lm 80 cut and removed: Provided always, nevertheless, that if any prson other than the owner or occupant of the said land shall, r i t h a t their consent, as aforesaid, such person &all be

I ~ M C to tlle like penalty.

Xoticc bc givco, s i p d by the IInrbor Nnstcr, Officer of Custotns, lVli:~rfingw, or n Justice of the Pence, so ns to in tc t l~~p t or itincler the free use thereof, it s l d l be lawful for the Resident 3lagistmte, or any two Justices of the Peace, to cause the same to be removed and sold, deducting all expenses from the proceeds of the d e, and paying the 6urplus (if any) to the Colonid Treasmx.

' finalty for inanring .b IX. That if my person shall remove, wilfiiUy injure, or destroy

or desk0 ring noya .

any buoy, beacon, or seamark, or sl~all make fast any vessel, m& 'timber, or other article, to such buoy, beacon, or seamark, he shall, on a first conviction for every such offence before any Resident Magistrate, or two Justices, forfeit and par any sum not exceeding One IImdred Pounds, and upon commssion of a second offence shall be deemed guilty of felo~~y, and being convicted thereof shd be liable to be transported for seven years.

Ve.mla arriving to X. That every vessel a,wivinp from beyond the seas in any port,

furnish 8 report.

l~nrbor, or roadsteacl, of this Province, is to be boarded as soon as circulushnces will allow by an officer of the Customs, or by such other officer as the Governbr may appoint, who is to delireFto the Commander or Master a copy of the Port Regulations for 1 6 b c.uidancc, as contained in Schedule A annexed to this Act, and ta whom the master is to furnish a report in writing of such partica lars of his voyage, vessel, crew, and passengers, and to deliver sud documents respecting the sRme as may be required of him, uuda the penalty of not lees than Ten Pounds or more than Fifty Poundi

:	upon every neglect or refusrtl, and when such anival t i les plsn in Port Adelaide, or in any anchorage near the capital, the mosta
.	shall deliver to tlie Custom House Officer, or other person aatlio rized by tlie Governor to receive the same, d public despatches letters, and parcels, nnd 311 post-office mails and letters whether h parcels or loose, such officer giving n receipt for the snnlc, aud such master s l d n t the same tiiw sign the dcclnmtiou required by the Sliip Letter Act, 55th Geo. I~I. , c. 153, of hiis hnviq duly delivered up all such despatches and letters, and shall pro duce the said declaration at the Custom-House before reporting the
vessel inwards and bulk be broken, under a penalty not cxcceiling
Fifty Pounds.

! XI. That if the n~nstrr or o t h r person kon~runnding m y vcsd

not obsorrirtg	nniviyg nt any of the	orts, hnrbors, or rondstends of this P~OY~IICL
regu1nriona

and observe dl the rcgulntious coiltained in the Schcddc hcmtultt	sllnll m any cnsc fili f or 11eglcct to pny tllc dues nud ch;qcs
annexed, or my pnrt thereof, or sl~dl do or commit mything coo
""3: to the true plain meaning of the fore bg Section, or of an!
of , L e'said reguhtioua, such master or o tip er penmn so offendiuf

B h d

&all for every such offence forfeit and pay a sum of not less than Five Pounds nor more than Twenty Pounds over and above such payment, whether due, charge, or fine, as the said regulations may Impose.

time being administering the Government of the Province to grant h Q L D g t XII. That it shall be hwful for the Governor or officer for the CJarJIcrrto

licences to persona duly qualified to act as pilots for any of the ports

or lmbors of tlie said Province, and the same licences from time

to time to revoke; and that such pilots shall board all vessels arriv- ing off the linrbor, and shall produce their licence whenever required

to do so, under a penalty of Pive Pounds for the non-production of

sucli licence.

XIII. That tlie n~nster of every vessel arriving from beyond the ~ ~ ~ p ~ i ~ ~ m

*seas, and not bcbq a coasting vessel, shall place such vessel in placed io t b s h d r d tbe fim B a n d pllol

charge of the first licensed pilot that may come alongside, nud sliall daMa

not cntcr nny l~nrbor at mliich a nilot lins been licensed, or ~roceed '

to sea, or his anchorage, wibout lmving such pilit on' board, under n penalty double the amount of pilotage to wliicb he would have becn subject if a pilot had been received on board.

XIV. The rates of pilotage into and out of Port Adelaide from or No pa0-e

to a distance which sliall be regulated by the Harbor Master shall able on vessels registered in the

be those specified in Schedule l3 annexed; but no pilotage shall be hnnm or on redseh while em-

chargeable upon any vessel registered i11 this Colony, or on any p~oyd -,,,

steam-vessel, while respectively employed in the coasting trade of E$asAyatFfid

this Province, unless tlie assistance of n pilot be nctldly received: -,ive&

And it 6l1d be lawful for the Governor, and he is lweb empowered, 00- ampowered

from time to time as occasion shall require, to fix s f oner d e of tobrbktncrrecrleof nttrmd chrgcr lor

rates and cllargcs of pilotage for Port Adelaide, or for n w pnrti- pil-.

cdar port or llarbor of tlio Province, and to give notice thereof in

the Goverarnent Gntelte; nncl it is llerehy declnrcd that from nnd '

after the publicntioi~ of my such notice in tlie Governarenl Gnzette,

the particular rates niid chnges dcscribed a id set fortli in such notice,

and no otl~er! shall be pnynble for the particular port or harbor speci-

fied tliercin; end nll rernedics for tlrc recovcry of the pilotage rrtces

rind d q e s described nncl sct fortli in tliis Act, mid a11 penalties,

fines, and forfcitores, on ncconnt of the lion-p yaient of pilotn

rates and cliarges, sliall nppl ns fully to tlie case of such last y P" L e

mentioned rates and cllarges o P pilotage as if the same hnd actunlly

been inserted is tliis Act, or in the Schedules thereof, it being the	*
express intent of this Act that sucli lastly nlentio~ied rates nnd ellnrges
of pilotage, fines, forfeiturea, nnd penalties s l i d be recovered and
Reoverable in the same way as the rates and cl~arges which nre

~pecified in Schedule B; and that the several sections of this Act	,
which empower or give remediee for the recovery thereof shall

B' apply .

apply equally to th.e scale of rates	l, and, chiqes lastly men-
boned:

NO ilot bonnd to XV. That no pilot shall be in anywise bound to conduct any vessel tO sea until the fllU amount of the ilotage of such vessel

conkct s reml to

mti~ pilotcrge b.

psid.	shall be first paid or secured to be	paid, to t 1	e satisfaction of ~ucb
pilot.
Pilot detained on

board any veseai	XVI. That any pilot detained on board any vessel of which he of weather,
longer tban two ddn~s
to be paid extra for	had been in charge longer tban forty-eight hours, whether by stress

unrautine, or otherwise, shall be entitled to demand

every dry detained.

and be p ig Eight Shillings per diem in addition to the regulm

ilotage; and upon such occasion, as well as all others, when 011

%ortrd at meal-times, the master shall furnish him with pfoper board

and lodging, under a penalty of Five Pounds.

XVII. That any pilot refusing or neglecting his duty, or renderin6

Pmdt~

tnsiag ot car n ~ ~ c c t i n g pi-bu

t	,	himself incapable by drunkenness, or injurino any vessel by neg11-
v~4m1a	genee, shall forf'eit n sum not exceedmg fwenty Pounds; and should the charge be of so serious a nature that tlJs penalty shall be considered by the Resident Efagistr&, or the two Ma@stmtes

I before whom it is brought, as inadequate, they may, at the mstRnce of the owner, master, or other arty aggrieved, order the case to be taken into the Supreme Court E y action against the pilot.

or be removed under XVIII. That all vessels shall cast anchor in the place pointed m*

the iiimtion oi the : out by the Harbor Master* and shall also be removed from one

~ u b w	mat4r.	anctl&age to another under'his direction, for which removal barbor ilotage shall be paid, accordin5 to the sums specified in Schedule 8, except in cases of vessels repstered in the Colony and employed
in the coasting trade thereof, which vessels me nevertheless e q d y subject to the orders rind directions of the Hnrbor Master.
G*	Menann-

Ldcntnportrmtd8. XIX. That no goods, wares, or merchandize shall be laden or

W to as waterborne to be ladcn on board any vessel, or unladen from any

W v , vessel, otherwise than in the ports ofthe ~rdrince, or rrt such other

lace or places as the Governor or other officer for the time being Pawfully administering the Government shall by his Proclnrnntioo from time to time appoint (nor until due entry shall hare been made of such goods, wares, or merchmdize, and wnmnts gmnted for the lading or unkding of the same), and all goods, wares, or merehtin-

dim laden, waterborne, or unladon contrwy to the provisions of this

Act shall be forfeited.

in writing to that effect shall be granted by the Harbor

other officer for that purpose duly appointed; and any

go0 ds, wares, or merclIalldize so illegally landed shall be forfeited;

rind that the Governor or otller officer for the time being lawfully

dtninistering the Government shall, by his Proclamation for that

lose issued, from time to time appoint the sitmtions for such

Act relating to the shipment or Lzndiug of goods. '1 ic wharfs or landing places, for the purposes of this or any other

XXL That the master of every vessel in which any woods may be Bhm of teasels to deliver rccoant of

;imported or exported to or from this Province s h d, before the cargo ihlportsd or ta

& arture of such vessel deliver to the Collector of Customs, or other	ttdd
S r	olhcer duly authorized, a coutent in writilig under his hand of the
pods laden, and tlre nanies of the respective shippers and consignees
o f g ~ ~ d s, with the marks and nurnber of the ~nchges and pieces of
tlle same, and slm11 make and subscribe a dec arcition to the truth of \	stlcll content, as hr as the swne sllall be known to him, and shall
answer all sucli questions upon decl:v n ion as sucli Collector or other to

officer as aforcsa~d shall put to him concerning the cargo or voyage,

if demanded; and thereu Ion such Collector or other officer as afore-.

aid (if such vessel shad be laden) s l d l make out and give to the

umter a certificate of tllc clcnrance of such vessel for her intended

voyage. contnini~lg an account of tlie total qumtities of the seven3

sorts df goods hden therein, or a certificate of her cleamnce in

kllast, as the w e may be: And if tlre vessel shall depart without ' +

euch clearance, or if tlie master shnll deliver R false content, or

aldl not truly nnswer the questions demnnded of him, hc shall for-	.
kit a penalty not exceeding One Hundred Pounds.

XXII. Tlmt tllc master or coi~~n~nndcr of evcry vessel nrriringnt or Bran ~ W W ~ S W-

riviag in or departing

departiiig from any port, barbor, or roadstead in the said Province,	hmds of *utholbd
mm port to par into

where an officer for, tlmt purpose, aypointcd b the Governor, nmny o @ m the pwt duca

.

he statioued, s l d pay into the l ln~~ds of sue I officer the seTen1 which m +r to be prid

cliarges for entry inwards rind clenrnncc outrvnrds of every vesscl, ns ntm to ~ o l ~ a i d h n m r.

1 the same arc respectively inserted in fip;ui*cs in the Schedule to tllis

annexed, nl,hced Gith tlie letter D; nud all sums of money

~liich sllnll he so received sl~nll be immediately paid, ~titllout nny

deduction whatover. to tllc Colonial Trcasurcr. to be annlied a3 here- ..

1 1

hltcr is directed: Provided always, that all ~essels duly registeml ~ ~ r t ~ ~ ~ C ~

as belongil~g to the Province, and not exceeding fifty tons, shnll, d i, fin, mm

wliie ernployod in tllo coasting trndc tl~ercof, bc csnilptcd from thc -pcb

Ilayment of all fcos ancl port dues of every description. S

at t11c 8-1 rntea and charg~s for wlierfnge on goods, m=k~ dua

gwda IrndeJ to be

, nnd pnckagcs landed in any of t11e ports of tbe Province, ~d I. @W, ud

o r u ~ b i m r o

into tile hand8 of the mid Collector or other autho&d WTrsMurcrW

same 'are %respectively set forth in Ggum in the Schedule

to

to this Act annexed, marked with tbt: letter E, who shall pay

the amount so received by him to the Colonial Treasurer, to applied as hereinafter is directed; and all moneys received as fees as rharges for wbarfkge or otlier charges that are or m y be dime to be collected, s h d be paid over within one month after s receipt or collection, by the said Collector or other autho

officer, to the Colonial Treasurer.

Mastam of ve(ldels	X X N. That the master of every vessel about to leave an	p
clearing oat to deliver

ta Collector a tme hsrl~or of the Provi~~ee shall, at the time of clearing out, L l i

liat of crew and par-	such Col~ector	or other proper officer, a statement or list con
mnpn tmdm a

pwcrtv*

.

the names of the officers, crew, and passengers inteucEng t clearance of the said vessel; and it &all and may be insful for s Collector or otlier authorized officer to seareh every sue11 vessel, to detain any person or persons found on bonrd the SNW W

name or i~~i i ies shdl not be contained in the mid list, a id t

him or them to be brought on sliore, or otherwise detained, circumstances may require: And if the master or commander any vessel shall permit any person to embark on board his w s whose name has not been entered iu the list delivered to

Collector or other notl~orized officer as aforesaid, every snc

or commander shall fodeit and pay the sum of Ten Pouuds for et^

person.

"*'* la

give forty-eight honrr' XXV. That it shall not be lawful for tlie master

notice before l-ving	in cllarge of any vesscl to mil from my pork of this
port.
forty-eight l~ours' notice of her intended departure b
the Harbor Blaster, or otherycix: Lr that PUT
Pmt~nem' to
notified, that lotten

1111der n penalty uot escc ;ding Twenty l'o~tn S :

mar h .oru mp ~e depnrture slmll' be i>fiz:p~ed from nny otlier cause

~uent I~IUU

wentbcr, swlr;~stlioncnlcnt l n l l be notified ns mrly

like n.ttl&r ta the IInrbor Master, in onlcr thn

despatches lmy be sent up to the lntest time possible, u

penalty of Twenty Pounds: A~td in odcr thnt the inte tnre of such vessel mny be notified to the public, it is Le

v d b e n s i ~ ~ to

hoisted two days pm- Ennctcd, That the vessel% ensigrl din11 be hoisted tw

t ~ h ~ d ~ p u t ~ ~	vious to her depitrtu~re, under a pcodty not aceerling
sterling tbrenell day so neglected.

Crew8 absconding	XXVI. That if any of tlie crew of any vesel in	the ports o
f n w ~ ~ m e ~ b b e

takenon	roadstends of this Provinco shall be absent from the mid vcs
aimPM	without leave, or being absent without or with leave shdl colldi~
.themselves in a riotous or shdl be lawful before h h,

, , any Justice of the Pace,

.. muse such persons to be board the 4

1

msel, or if he shall thiol so offhidiq

or without hard labor, for any term uot exceeding one month:

llnd if arly of the crew of such vessel shall refuse or neglect to work E:' $27:~

ill tllc discharge of their duty, when commanded by their superior ndm of t h ~ ~ dmrs

officer, they shaIl for every such offence be imprisoned, with or with- b&

out h a d labor, for ally term not exceedin t h e e months, U on

being convicted tliereof before any Resident lfagistrnto or two f us-

ticcs, and sllall, i n addition to such imprisonment, be fined any sun1 . 1

not exceeding Ten Pounds, if suclr Resident IIagistrate or Justices

/

think fit, who may in such case order that they be further

imprisoned until such fine be paid: Provided nlrvnys, that in case

tile vessel to wl~icli such crcw belong shall be about to depart im- about co drpuirpp~y- f

ing to ham their

mediately, aud hfore the expiration of the term for wl~icli any of her, ,, , h- .i

crew may have b e n iiuprisoned ui~der the provisions of this Act, it M a d. t o b s ~ o a b o u d. i I

d d l be lawful for any Resident Magistrate or two Justieas,.upon r

to him or thew by the master of sue11 vbssel (who 4

11 produce a certificate, sigued by the Hltrbor Master or Col- d

Y L i " ~ f

lector of Custoias, of such inteuded departure), or upon the appli-	. *
d

on of the Hnrbor Master or Collector of Customs, to issue a

nt directing the Gaoler or other officer liaving the cnstody of

crew to deliver them up to such nmster, IIarbor hlnster, or

tor of Customs, ns the case may be, iu order to t h i r being . '

on board their vesscl; and cvcry such Gaoler or other officer

dial1 thereup011 deliver them up accordiugly,, notwithstanding the

their detcutiou contained in any revious wamnt: And Penalty ~ ~ I Q ~ M I. d i s c h u t g i n g r r e w r ~ a

that if my master or owner of a117 vesse s11nl.l discllarge in this biOoging Y

province, witbout the coliseut vmtisg of the Colouinl secre~nrv, %lour w i t h ! con-

any of the crew who had not been hired or engaged by tbe mid h@,. mnt of Colunul ,

itliiu this Province, he sl~nll for every such offence

of not less than Fire Pounds nor more

ach of the crew so discharged.

XXVII. That when npplication shall be made to tLc Hnrbor a d i d o n i.

made by any master

ctor of Customs, or otller proper officer, fur R clear- ot a CJWI~*U~W or ~JU

essd about to depart froin the Proviuee, such Hwbor	l
!A

f Customs, or other officer sllnll ascertain that my t b m r uc

dtm.) l f t l l t. r

em who came to the Province in the said vessel are i

end that uonc of t l m i may be leR behind: And 6

e mid crew be J s e u t t l v o u ~ h the consent or negli- 'i

ter, such mastcr shall forfeit and pay Ten Pounds L k

-.

Er. =h pewon m absent; and the said Hmbr Jhster, CoUector

r 1.

of Customsy or other officer shdl not p n t the clenrnnee till the fine be paid: And slronld it appear that the nlnte or otllrr officer of' the said vessel connived at the nbsenca of the person nforeminid,

officer was in elmr e of the mid vessel,

enalty of Ten knmds for each per-

chattels not be sufficient to mewer

tbe

the fine, the master shall pay the residue, and shall be authorized tr chmge the s a m to the wages of the said mate or other officer sc having been in charge: And when any vessel is about to depart, i shall be lawful for any Justice of the Peace to cause to be appre heniled and put on bond the said vessel a y of the crew who m% be Jsent, to prevent any such person from being left behind in th'

Province, unless with the writtell coqsent of the Colonial Secretar

as aforesaid.

Penalty for partiea XXVITI. That v-hen ally of the crem as aforesaid have been sea

~ i d ~ n g crew8 to lcnw

their .hipl ,,gain	ou board by order of a Justice, all persons aiding m d assisting snc iudividuals in again leaving their ship shall forfeit and pay a lik
penalty of Ten Pounds for each individual: And if after the depar
ture of any vessel auy of the crem shall be found iu the Pro-ikc
without tile consent of the master of the mid vessel and of tb
Colonial Secretary as aforesaid, such person shall forfeit not mor than Twenty Pounds, and be imprisoned not longer than thre months, with or without hard labour, aud farther be mprisoned ti the f i e be paid.
All dues, fines, &c,
recorersble in a mm	SXIX. That all dues, rates, charges, sum and sums of m o m payment thereof, whether under Twenty Pounds or abore, b re&wrable in n summary way in the Court of the Resider

m n r ~ way. fim~, and forfeitmvs, by this Act made payable, shall, upon no;

- Magistrate, or before any two or more Jnstices of the Pesce (

the Province.

If soeh duw b

not paid, forthwith to XXX. And if any such dues, mtes, charges, sum and sum

bl8riQd b d i # b ~ of money, fines, and forfeitures, shall not be p i d forthwith upo

and if nor mBfdeat conviction, the Resident Blagistrate or Justices sl ld issue his a

t%z'h"	a	their warrant to levy wcb sums of money and forfeitnres, togeth
with t l ~ e expense? af the conviction, upon the goods and ehnttels l
the pnrty~aga~ast whom such conviction shall be obtttined as afon
said; arid irl case such goods and chattels shall not be sufficieut 1 s~tisfv h e amount so t r ) be levied, the mid Justices or Itesidel
Y+ptrate as aforesaid may cause the bodv of the mid party to 1

+ , M r. ' H &"al~ested and committed to prison, there to 'remain for not more tlls six cnlendar months, tluless such mms of money nnd forfcitnrv with the expenses of convictinn, shll be sooner paid: Proridc

. +

amemor W *m*t	always, that all fines, penalties, forfeitws, and sums whaterer, nn
dnw, &a
imprhonmeuts, under tljs Act, may be remitted either rid or i
ministering the Government, if he 6 h d see reason to extend suc part, by the Governor or ofliccr for the time being l a d d 1y ru
clemency to the person offending.

That if any person convicted of

this Act shall think himself aggrieved by the judgment of auch z,,~~,"$

Resident Magistmtc or Justices, such person shall have liberty to srbu.

m*

npvl from any such conviction to the next Court of Qunrtcr

Sessions of the Peace, holden nearest to the place where such	h
offence shall hare been cornmittcd, and that the execution of every
judgment so appealed from shall be suspended, in ease the person
M) convicted shall with two suffciont sureties immediately before
flueh Resident hfngistmte or Justices enter into a bond or reco,gi-

zauce to Her Majesty, Her Heirs, mid Successors, in the penal sum -,

of double tlie nmount of the penalty so incurred and forfeited, which houd or recogniz~nce, respectively, ~ u c h Ji~stices are lweby nutho- r i ~ d and ordered to t&e; mid sue11 bond or r~cognizmce shall he co~iditioned to prosecute such appeal with eff'ect, and to be forth- roming to abide tlw judgtnent m d dctemlinatiou. of tlie snid Court of Quarter Sessioiig, and to pay such costs as the Court slrall award an such occasion; and the Justices of the said Court of Quarter Sessions are hereby authorized and required to hem aud determine the matter of the mid appeal, and to award such costs as to them shall appear just and reasonable, to be paid by dther party, and such m, W i n

to a.

(leeision shaU be find botwen the said parties, to all intents and 6 4.

o ot lm person shall be received as a witness on eds from convictions ns aforesaid thau was

e l on each ~ i d e by such Resident Magistmte or

XXXII. That m conviction under this Act, nor any adjudim- NO mnrietion ~indcr this Act m he quslrhcd

tion made on appcnl therefrom, shall be qunslml for mnut of form, fir want or km or

oved by writ of certiorari, or othenvise, into the Supreme other*

no warrant or conviction s l d l b held void by mason of therein: Provided it be therein alleged that the party nvicted, and that there be good and valid conrietion to

I XXXIII. Tlmt if auy action or suit shnll be eomiaenced ngainst Actinu n~t~~cerl to within L corn- rhm

any persou or persons for n~iytlling done in pursuance of t11ia Act, I U M ~ S .fin rut

tllen and in every such ense such nction or suit s b d be pmsecuted

I within three montlrs &er tlio fnct coni~nittod, R I I ~ not

h d tlie defendant in every sudl nctio11 or suit shnll and mny

I the general issue, and nt the trinl tlmcof giw this

~pecial matter ill evidence: and if the matter or t l h q eon~plnincd of . a

h l I appear to have benn done under thc nut1101qt.v and in the execution of this Act, or if any such action or suit B ~ R U be bro,rongh t after the time limited for Muwing t l ~ c .wme, then the h r g shnll find for the defendant; and if the plaintiff &all become nonsuited

1 di~ontinue hie action ~ R e r the defendant shall llnve appeared, or

I have 8 verdia wiost him, or if upon demurrer, judgment shall be

I 1 .

, I

I

* giwn .

E

given against the plaintiff, the defendant shall and may recover

costs, and have the like remedy for recovery thereof ss iu

fendant hath in any case by law.

XXXIV. That a l l Gnes or forfeitures, together with all collected under this Act, and not otherwise specially approp1 shall be paid to the Colonial Treasurer, for the public uses

said Province, and the support of the Govwment thereof.

Governor

Ptued thi Comd this 22nd doy 1

Februan~, 1838.

GEO. STEVENSON,

Clerk of Council.

By His Excellencyb command,

T. BEWES STRANGWAYS,

Colonial Secretary, pm h

SCHEDULE A.

-

PORT REGULATIONS.

TO be observed by alt maaters and commanders of ahips and reasela in the prta and

harbore of Bouth Australia.

1. All reascls arriving in the porta or hnrbors of South Australia, having gun- vc*wlr m h i n at w

powder on board ~rcceding thc quantity ncccsaruy as etores for their use, are to hoist

a

a urlion jnck at their main, and unlcss a specific place of anchorage for ve~sels having mnpndtr, tn

sunuowdcr on board shall ham bccn fixed upon by a mitten order of the Harbor rmk. fiat

%&er of the particular port or harbor at whiih s d h vessels shall arrive, or by other

proper authority, such vessels shall not come to anchor, until permission haa been

given, and an anchorage has been pointed out to them by the Hnrbor Master, or such

proper authority. Nor shnll any vessel tnke gunpowder on bonrd without first ob-

taining the permiasion of either of the authorities aforemid. And if any master or

commander of any vessel shall offend against either of these regulations, he ahall

forfeit and pay the eum of Twenty Pounds.

2. No vessel or boat shall be haulcd on shore for the purpose of repairing or other- NO rc~el or boat to M

wise, nor shall nny casks, spars, anchors, guns, timber, or other articles, be landed ::hufz:$P,',c,"&$	without pcmission being first had and obtained from the Harbor Master, or other withomt -0s.
person appointed for that purpose by the Governor.

3. All masters and commandera of vessels shall get their spritsail yards fore and ~ a s t e m to get e rit.rit

aft, and shall rig in their jib and driver booms. when thereto required by the Hnrbor 2~~y!$$&pd

Master, his assistant, or other person so appointed as aforesaid. boom wbla reqpimt

4. No master or commander of anv vessel ehall unmoor or auit his anchorace with- R* v-I to namoor or

out ~iving previous notice in wiiing to the Harbor &&er, or other p&son M, ~ ~ ~ ~ b t h ~ = t

appointed as aforesaid, nor having unmoored and act sail with the intention of going M-.

to sea, shall he again come to anchor unleas compelled so to do by stress of weather

or othcr unavoidable cause, and in ~ u c h latter cam he is not to fail on demand to de--.

posit his clearance with the clearing officer, nor shall agnin weigh anchor without permission from the Harbor Master, or other person for that purpose appointed by

the Governor.

5. When any person shall die on board of any res~el lying in any one of the ports mWJgrcp

or harbors of the Province, the master or eommnndcr of such r e s d sbdl came the am,

W y of such deceased person to be brought on e b r e and interred.

6. All vcsscla under one hundred tons ehall be allowed eix daya for the urpose vnvlr weh.ml to

af dia&arging, and all nsaels above one hundred tons a h d be aI1orrQ th ~ ~ ~ d l o *

q m b y of days, Sundays not included:- . <

Vessels from 100 to 300 tons ........ 10 daw

Vessela ascharging cargo to haw prefcrcncc to thc wharf.

TABLES REFERRED TO.

SCHEDULE B.

PILOTAGE BATE&

A table of the rates of pilotage payable to licensed pilots on ttessels from and to sea

into and out of Port Adelaide: Vessels registered in the Province nat exceeding fifQ

tomu, or while em loyed in the coasting trade, and steam vessels when so employwl

excepted, unlwa %e t ~ a i s t a n s of a pilot be required and received:--

. . f: #. d.

For every vemel drawin8 7 feet or under .................... 2 10 0

a U .. 8ft.andunder 9 ft.' , 2 15 0

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

! I6 4 1

" . 9 ft. l o f t ............... 3 0 0

66 " * loft* “ l l f t. .a............ 5 5 0

" l ". 11 ft. '"2ft. .............. .3 10 0.

. 46 , " * 12ft. " 13ft. .............. 4 0 0

L1	'	l 3 ft.	"	14ft. .............. 4 1 0 0
M	14 ft.	U	15ft. .............. 5 0 0
as	"	IS ft.	“	left. .............. 6 0 0

and so on increadng B1 for every additional foot,

SCHEDULE C.

XARBOR DUES,

.. * l

S A table of the dues and chargee payable to the Harbor Master for mpllriring on

board and appointing the place of anchorage of vessels entering Port Adelaide, or fbr the removal of the same from one place of anchorage or mooring to another, not beiig

for the purpose of leaving the port: Vessels registered in the Pmvince under

*m, or while employed in the coseting trade of the Province excepted:-

B #. d

I ~ ~ r w e r y ~ ~ u n d e r 100 tone ........................ 0 5 0

$4 of l00 tons and under 200 tom ............ 0 10 0

44	200tona	"	300tom ............ 0 1 6 0
U	300 tone	400tons 1 0 0

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

#C

400 tone " 500 tons ............ 1 5 0

L U S00 tons and upwards ............. 1 10 (h

I

SCHEDULE D.

ENTRANCE AND CT;EhRANC% CHARGES

A table of the charges payable to the Collector, or other authorized officer, for tba

entry inward0 or clearance outwards of vessels at any port or harbor of the Provinm

where an Officer of Customs is stationed: Vessels under Mty tmm registered in tbs

Province excepted (that ia to say):-- am.. -

& & & S 8. d

For every steam vessel employed in the coasting trade, and for every vessel registered in the 0 1 0 0 0 1 0 0

Province and so employed, and Wig above

.. fiftyandnotexceedin tOOtons ............

~ a e ~ ~ n s r s l l ~ o m ~ o ~ i f ~ b m s 1 0 0 t a ~ 0 0 1 5 o

1 P l O r ~ o t h c ~ ~ ........................ I 0 0 l 0 0

EICHEDULE B.

WHARFAGE RATES.

h table of the rates of wharfage payable to the Collector, or other proparlI rp.

)i,,ted officer, on articlea landed in the Province:-

& 8. d.

pipe or puncheon .. , . . .. . . . . .. .. .. . .. . , ,., , . . .. . . . . . . ..

~ o ~ s h e a d or tierce .. . , .. , . .. . . .. .. . . . . . . ., . .'.. ,. ., . .. .

Barrel, case, cask, or keg of smaller size. .. . .. .. . . .. . . . . . .. ,

Crate, cask, or C ~ C of hardware, earthenware, or ironmongery,

bate, case, or box not exceeding half a ton weight or

measurement. .. .. .. ... .. .. .. .. .. .. .. .. .. .. .. .. ,. ..

Ditto, exceeding half a ton .. . . . , . . , . . , . . . ., .. . . . . . . . .,

or every chest of tea . . , . . .. . . . . . . . . . . . . .. . . . . . , . ,. . . . .

Half chest or box of tea ,. . . .. . . . . .. . . , , , ,. . . . . . . . . .. . . .

Bagofsugar ..........................................

Bag of coffee. . .. . . .. . ,. . . .. : . .. . . . . ., , , . . ,, . .. . , . . .., . .

package of rice .. . .. . ., .. ., ,. , ., . .. . . . +, . . . .. . . . . . . .

Basket of tobacco. ;.. . .. .. . . ,. . .. . . .. , . , . , , , . . . . .,, . . . . .

Bagofhop ..........................................

Pocket of hops. ,. ,, . .. .. . . . . .. . ., . . .. . , . . . , , , , . . . . . .. .

Bag of grain .. ,.. .. . .. .. .. .. .. .. .. .,. .. . .. . . . .. . . . . . . .,

Dozenofoars ..........................................

1,000 ~hinglc8 .. .. . . .. .. . . . .. . .. . . . . . . . .. . . .. . . . . . . . . . . .

Dozen of spades and shovels ., , , .. . . . . . .. . .. . . .. . . . . , . . ,

Bottle of paint, oil, or turpentine, . .. .. . . , . . . .. , . ,. . . . . . . . .

Small packet not otherwiee enumerated . . . . . . . . . . . .. , . . . . . .

100 of deals. .. . . .. . . .. . .. . . .. . . .. ., . , . . , . . . . . . . . . .. . ,

100 of sta~ca. .. . . ,. . . . . .. . . .. . .. . . .. . . . . . . . . . . . . . . . . . .

Four-wheeled camage. . . . . . ., . . .. .. .. . ,. . .. . . . . . . . . . . . .

Two-wheeled carriage.. . .. .. . . . .. .. . .. . . l. . . . . . . . . . . . , . . .

Ton of goods not otherwise enumerated, ,. . . .. . ., . . . . . .. . . .

REDUCTION OF PIGOTAGE,

is hereby given, that His Excellency the Governor having considered tbat rates of pilotage for Port Adelaide as fixed by Act of Council, No. 3, 1st Victoria, too high, has been pleased in accordance with the powers vested in him by the 1 Act, to direct that the several rates hereinafter set forth b hall be the rates of ~tage either into or out of Port Adelaide, inalead of those contained in the schedpl. he said Act annexed and mentioned:.

E 8, a

7ft.andunder .....,....... ............,.,,. .: ...... 1 12 6

8 ft. to 9 ft.. ...... ......... . ...... - ..... ...... -.. 1 1 5 6

9 % to loft. ..,+ ............... . ...... .. ......... 1 l 7 6

lOft. to11ft. ............................... * I *, *. . 2 0 0

l l f t. t o 1 2 f t. . ...................................... 2 5 0

1 2 f t. b 13ft. .......................... ,.., .... . 2 10 0

I S f t. t o 1 4 f t. ...................................... 9 0 0

14fi .b 15ft. ... ....... ........ ...... .... . .... ,,,,. 3 10 0

and so on incresaing lb. for each foot.

T. B. STRANOWAPG,

hlo&al Secrctnry's Offtco, Colonial hjlecretaty, pm &m. - _

Adelaide, March 10,1838. l

- -.-

Abotlimr: I p;l;cod bi t

*