Ports safety (1851) (WA)

WESTERN AUSTRA LIA.

ANNO DECIMO QUARTO

VICTORIA: REGINA,.

No. XX.

An Ordinance for the establishment of fur- ther Precautionary Regulations for the Port of Fremantle.

HEREAS the establishment of a station for convicts in the preamble.

town of Fremantle, renders it necessary to adopt some

precautionary regulations o.tendin to insure the safety of the shipping

at the port thereof, and to prevent the escape of convicts therefrom

14th Viet. No. 20. 1851,

by the facilitaties afforded by such shipping: Be it therefore enacted, by His Excellency the Governor of Western Australia and its De- pendencies, by and with the advice and consent of the Legislative

Governor may a p. Council thereof, that it shall be lawful for the Governor, or officer point Superintendents administering the Government of this colony for the time being, from and Constables of time

Mater Police. many fit and proper persons as he may deem necessary to act as to time, by warrant under his hand, to appoint such and so Superintendents and Constables of a Water Police force at the Port of Fremantle, or such other ports, harbours, or anchorages, within the said colony, as the provisions of this Ordinance may be extended to by the said Governor.

Vessel may be board- IL AND be it enacted, that it shall be lawful for any such ed and searched. Superintendent, or for any Justice of the Peace or Constable of the

said Water Police, with such assistants as they respectively may re- quire, to enter on board and search any ship or vessel entering or being within or departing from any of the ports, harbours or anchor- ages, as aforesaid, when and so often as he or they shall have reason- able ground for believing such search to be necessary in the execution of the duties imposed upon them.

Master to deliver list III. AND be it enacted, that the Master or Commander of every of crew and passen- ship or vessel about to leave any of the ports, harbours anchorages,

gen. where this Ordinance shall be in. operation, shall, before clearing out at the custom-house, deliver to the Superintendent of Water Police a true list in writing containing the names of the crew, the place where the same were engaged, the names of the passengers and all other persons intended to proceed to sea in such ship or vessel; and such list shall also shew the disposal of such of the crew who arri- ved in such ship or vessel as may not then be proceeding to sea in such ship or vessel ; and in case such master shall refuse or neglect so to furnish such list within the time aforesaid, or in case such list shall Penalty. not contain a full and true statement of the particulars aforesaid, he shall be liable to forfeit and pay any sum not exceeding twenty pounds.

Person found on IV.ND be it enacted, that if after the clearance of any such

board may be detain- ed. ship or vessel at the customs, any person shall be found on board ofsh i p such ship or vessel, whose name shall not be contained in such last men- tioned list, and who shall not be able satisfactorily to shew that he does not intend to proceed to sea in such ship or vessel, it shall be lawful for

1851.              14th Viet. No, 20.

any Superintendent of Water Police, Justice of the Peace, officer of Customs, or Constable, or Master, or person in charge of such ship or vessel, with such assistants as they respectively may require, to detain any such person and lodge him in safe custody until he shall be dealt with according to law.

AND be it enacted, that if a master or commander of any ship Suffering persons to or vessel proceeding to sea shall knowingly suffer any person to em- embark; penalty. V.

bark on board such ship or vessel whose name shall not be contained in such last-mentioned list, he shall forfeit and pay for every such offence, any sum not exceeding Fifty Pounds.

VI.     PROVIDED always and be it enacted, that in order to pre- Special license to de-

vent injury to passengers, seamen, mariners, or others whose names p art ma y given be .

may happen to be omitted in such last-mentioned list, it shall be law- ful for the Superintendent of Water Police, or for any Resident Magis- trate, to grant to any passengers. seaman, mariner, or other person whose name shall not be contained in such list, a special license to de- part from the said colony, if it shall be shewn to the reasonable satis- faction of such Superintendent or such Magistrate that the names of such passengers, seaman, mariner, or other person ought to have been, Fee for license.

or to be inserted in such list.; and for every license so granted there shall be paid by the person applying for the same the sum of ten shil- Hugs ; Provided further, that nothing herein contained shall be held or construed to release the master of any ship or vessel from furnishing to List of crew and pas-

the proper officer such lists of their crews and passengers as may be sengers to be given

un de r Customs Regu-

particularly specified in, and required under, the provisions of any

Ordinance which may be in force for the regulation of the Customs 1'1	'i
of this Colony.

VII.      AND be it enacted, that no master of a ship or vessel about Anchor not to be

weighed without per-

to proceed to sea from an y port, harbour, or anchorage within the m operation of this Ordinance, shall weigh anchor between the time of ,

sunset and sunrise, without special permission from the Colonial Secretary or the Resident Magistrate of such port, harbour, or anchor- age, nor without having given previous notice thereof to the Super- And A notice,

intendent at least one hour after sunset ; nor until such ship or vessel shall have been duly examined and searched, and having weighed anchor, after such examination, such master or pilot in charge shall And examination.

not suffer such ship or vessel to be brought up or laid to nor to de- viate from her course within the limits of any such port, harbour, or

14th Viet, No. 20. 1851,

No deviation from anchorage, unless compelled by stress of weather or other unvoidable

course, nor boarding cause ; nor to be boarded by any boat or vessel whatever except Her-

by boats. hour Master or Pilot boats, or Water Police or Custom Boats, or any

boat or boats belonging to any such ship or vessel, unless in cases of unavoidable necessity, the proof whereof shall lie on such master or pilot and every master or pilot who shall offend against any of the provisions

Penalty,

of this clause shall for every such offence, forfeit and pay a penalty or

sum not exceeding Fifty Pounds.

Obstructing Officers. VIII. AND be it enacted, that if a master of any ship or vessel,

or any other person, shall resist or wilfully obstruct any Superintendent of Water Police, Justice of the Peace, Officer of Customs, water po- liceman, constable, or any of their respective assistants, whilsflearch- ing for or endeavouring to secure any person on board, or reasonably suspected to be on board, such ship or vessel, or in any house or place on shore, at any town or place to which the provisions of this Ordi- nance shall have been extended, or shall rescue, or attempt to rescue, or assist any such person, such person so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall suffer such

Punishment. punishment by fine and imprisonment; with or without hard labour,

or by fine, or by imprisonment, without hard labour, for any term not exceeding two years, as the Court before which such conviction shall be had shall determine.

Deck-watch to be IX. AND be it enacted, that the master or other person having kept. or being in charge of any ship or vessel within any such port, harbour,

or anchorage as aforesaid, shall at all times, as well by day as by night, have at least one seaman or mariner in charge of the deck of such ship or vessel ; and if' such master or other person or the seaman or mariner so in charge of the deck as aforesaid, or if any person hav- ing the charge of; or being on board any boat belonging to such ship or vessel, or having the charge of, or being on board any shore or other boat, shall not answer to the challenge of the Superintendent

Challenge to be ans. of Water Police for such port or harbour, or any Justice of the Peace,

wered. Officer of Customs, Water policeman or constable, such master or

other person having or being in charge of such ship or vessel, shall, whether such offence shall have been committed by him, or by such seaman or mariner in charge of the deck of such ship or vessel as aforesaid or by any person having the charge or being on board such ship's boat as aforesaid, on conviction thereof, forfeit and pay for every such offence, a penalty or sum of not less than ten

1851.               14th Viet. No. 20.

shillings, nor more than five pounds ; and every person having the penalty.

charge or being on board any shore or other boat so offending as aforesaid, shall for every such offence, forfeit and pay any sum not ex- ceeding £5.

X.     AND be it enacted, that if any person shall wilfully destroy Damaging boats, &c.;

or damage, or attempt or endeavour to destroy or damage, or shall be in any way concerned in destroying, or damaging, or in any attempt or endeavour to destroy or damage, any vessel or boat belonging to, or hired, or employed by the Superintendent of Water Police for any such port, harbour, or anchorage, as aforesaid, or by any Justice or Justices of the Peace, or Officer of Customs, Water Policeman or constable, or by any one acting for or under, or by authority of him, them, or any of them, or the sails, oars, tackle or other gear or furni- ture, or the stores, goods, or other articles or things contained in, or belonging to such vessel or boat, or any part thereof, such person so offending, shall, on conviction thereof before any two or more Justi-

ces of the Peace, forfeit and pay for every such offence, any sum

not exceeding ten pounds, and shall also make good the damage so Penalty.

done, together with the reasonable costs and charges attending the recovery of the same, or, at the discretion of such Justices, shall, in lieu of such fine or damages, suffer imprisonment, with or with- out hard labour, for any time not exceeding three calendar months.

XI.      AND be it enacted, that if any person or persons not being in persons going on

the service of the Water Police or Customs, or not being otherwise duly board, &c., at night

authorised, shall go on board, or be and remain alongside any ship without permission ;

or vessel in any such port, harbour, or anchorage, as aforesaid, at

any time after sunset and before sunrise, without the permission of the master or other person then having, or being in charge of such or ship vessel, it shall be lawful for any Superintendent of Water Police, Justice of the Peace, Officer of Customs, Water Policeman, constable, or the master, or the person having or being in charge of such ship or vessel as aforesaid, to lodge, or keep, or cause to be lodg- ed and kept in safe custody, any person so offending, until he shall be brought before the Superintendent of Water Police for such port,

harbour, or anchorage, or some Justice or Justices of the Peace, on

the following morning; and such Superintendent or Justice or Jus- tices shall have power to remand and detain in custody such person for such reasonable time as may be necessary to prepare an informa- tion, and procure the attendance of the witnesses necessary to sup.

14th Viet, No. 20. 1851,

port such information ; and such Superintendent or Justice or Justices is and are hereby authorised and required to hear and examine into the matter of such information, and on conviction, sucb person

Penalty. shall forfeit and pay for every such offence of which he shall be so convicted, any sum not exceeding Fifty pounds, unless it shall be made to appear to the satisfaction of the Superintendent of Water Police, or Justice or Justices of the Peace before whom such con- viction shall be had, that such person or persons was or were so on board or alongside such ship or vessel, by unavoidable accident or for some lawful purpose.

Governor to appoint XII. AND be it enacted, that it shall be lawful for the Governor, places for landing or by notice in the Government Gazette, to appoint a place at any port,embarking at night. harbour, or anchorage within the operation of this Ordinance for land-

ing from or embarking in boats between sunset and sunrise; and any person who shall without lawful excuse, land or embark between sunset and sunrise at any other place in any such port, harbour, or

Penalty for landing anchorage as aforesaid than the place so appointed, shall, on convic- or embarking at other tion thereof before any two Justices of the Peace, forfeit and pay any place ; sum not exceeding ten pounds; and every person so landing or em-

barking between sunset and sunrise, shall report immediately the

Penaltyfor not giving fact of such landino. or the intention of such embarkation, to the landing,

notice. Superintendent of Police, and any person neglecting or refus-

ing so to do shall be liable to a penalty not exceeding ten pounds.

Guns to be unshotted. XIII. AND be it enacted, that the master or commander in

charge of any ship or vessel carrying guns, entering or arriving at any such port, harbour, or anchorage, 'as aforesaid, shall cause the shot to be taken out of such guns; and any master or commander

Penalty.

acting contrary to the provision of this section, shall be liable to a

penalty not exceeding five pounds.

Not to apply to vessels XIV. PROVIDED always that nothing in this Ordinance con-

of war tamed shall apply to Vessels of War.

Limitation

of pro- XV. AND be it enacted, that all informations and proceedings for offences against this Ordinance shall be commenced within three calendar months after the offences thereby respectively charged shall have been committed, and shall be heard and determined, and the forfeitures and penalties in respect of the same shall be awarded, en- forced, and appropriated, in a summary manner, where not otherwise provided for, before any two or more Justices of the Peace, according

ceedings.

1851.              14th Viet, No. 20.

to the provisions of an Ordinance passed in the 14th year of the reign of Her present Majesty, intituled "An Ordinance to facilitate the performance of the duties of Justices of the Peace out of Sessions within the Colony of Western Australia with respect to summary Convictions and Orders."

XVI.     AND be it enacted, that no action shall lie against any Limitation of actions.

Superintendent of Water Police, Justice of the Peace, Officer of Cus- toms, water policeman, constable, or other Peace Officer, or any person acting for or under them or any of them, on account of any act, matter, or thing whatsoever done or to be done or commanded by him, them, or any of them, in carrying the provisions of this Ordinance into effect against any party or parties offending, or sus- pected to be offending, against the same, unless there be direct proof of corruption or malice, and unless such action be commenced within three calendar months after the cause of action or complaint shall have arisen ; and if any person shall be sued for any act, matter, or thing, which he shall have so done, or shall so do, in carrying the provisions of this Act into effect, he may plead the general issue, and give the special matter in evidence: and in case of judgment after verdict, or on demurrer, being given for the defendant, or of the plaintiff discontinuing or becoming nonsuit in any such action, the defendant shall be entitled to and have treble costs.

XVII.      AND be it enacted, that this Ordinance shall extend to, Where Ordinance to

and be in force in, such ports, harbours, and anchorages, within this be in force.

colony, other than the said port of Fremantle, as the Governor shall from time to time, by notice published in the Government Gazette, declare to be within the operation thereof.

the purposes of this Ordinance, be deemed to inclnde all waters on the "Port of Fremantle." XVIII. AND be it enacted, that the Port of Eremantle shall, for Definition of term

coast within fifteen miles of Arthur's Head, and within the Swan River from the Bar thereof as far as the Ferry Jetties at and opposite Preston Point.

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-/N-C

Passed the Council,

16th May, 1851.

A. O'GRADY LEFROY,

Acting Clerk of the Council.