Seamen and Water Police Act 1840 No 22a (NSW)
No. XVII.
| An Act for the furtlier and better Kegulation and ssamen | â watbr |
| Government of Seamen within the Colony of | — |
| New South AVales and its Dependencies and for establishing; a Water Police. \Qth October, |
| 1840.] | " |
| "T'T rH E llE A S | great delay and ineonvenieiice have been oeeasioned Preamble. |
| y T | to the owners and masters of vessels trading to and arriving |
at Port Jackson and other ports or harbours in the Colony of New South Wales by the desertion and other improper conduct of seamen belonging to such vessels and whereas the laws heretofore passed in the said Colony for the regulation and management of seamen therein are insufficient for the purposes intended and it is necessary to make; tnr- ther provision for the regulation and good government of seamen and to establish a Water Police for the better and more efficiently enforcing the law and whereas it is just and proper that the expenses of forming and maintaining such police force should he hornet by the owners of
| such vessels | Be it therefore enacted by Ili.s Excellency the Governor Oovcnior may ap- |
of New South Wales with the advice of the Legislative Council thereof MagitrateP Governor for the time being of the said Colony from time to time by warrant under his hand to appoint one or more fit and proper person or persons as a Justic(i or Justices of the Peace to execute the duties of Superintendent or Superintendents of Water Police and such other duties as are hereinafter specified within tlie Harbour of Port J aekson and witliin such other ports or harbours within the said Colony or its Dependencies as the provisions of this Act shall as hereinafter mentioned be extended to by the Governor of the said Colony and
such
| 1072 | N o. | 17. | 4” VIC. | 1840. |
Seamen and W ater FoUce.
such person or persons so to he appointed shall in addition to the powers and authorities vested in him or them hy this Act have the like powers and authorities and he enabled to execute all the duties created and imposed hy a certain Act of the said Governor and Council passed in the fourth year of the reign of His late Majesty King
| 4 Win IV. No. -. | William the Eourth intituled “ An A ct fo r regulating the Folice in the “ Town and Fort o f Sydney and fo r remorlng and preventing Nuimnees “ and Obstructions therein” and the said Governor shall and may from time to time remove and displace such Superintendent or Superinten dents of Water Police and appoint another or others in his or their place or stead as the said Governor may think fit. |
| the Magistrates so | |
| Oath to be taken by | 2. And he it imacted That every jierson appointed a Superinten dent of Water Police as aforesaid shall before he shall begin to execute the duties of his office take the following oath before one of the Judges of the Supreme Court of the said Colony (or before the Judge or Chief Magistrate of the port or harbour for which he shall be appointed to act) that is to say— |
| appointed. |
I A. B. do sivear that I will faithfully impartially and honestly to the best of my skill and knowledge execute all the powers and duties of a Justice of the Peace and Superin tendent of Water Police imposed hy and under an Act of the Governor and Legislative Council of the said Colony passed in the fourth year of the reign of Her Majesty Queen A îctoria intituled “ An A ct fo r the further and “ better regulation and government o f Seamen within the “ Colony o f Xew South Wales and its Fependencics and
| ” fo r establishing a, | W ater F olice” |
And in addition thereto the Justice or Justices of the Peace appointed under this Act Superintendent or Superintendents of Water Police for the Port of Sydney shall before he or they shall begin to execute the duties of his or their office take the following oath before one of the Judges of the Supreme Court of the said Colony (that is to say)—
“ I A. B. do swear that I will faithfully impartially and “ honestly according to the best of my skill and knowledge “ execute all the powers and duties of a Justice of the “ Peace imposed by and under an Act of the G overnor and “ Legislative Council of the said Colony passed in the “ fourth year of the reign of His late Majesty King MTl-
| 4 Win. IV. No. 7. | “ liam the Pourth intituled ‘ An Act fo r regulating the “ ‘ Folice in the Town and F ort o f Sydney and fo r removing “ ‘ and preventing Nuisances and Obstructions therein.^ ” |
| Water Policemen to | 3. And be it enacted That it shall be lawful for the said |
| be appointed. | Governor to authorize such Superintendent or Superintendents of Water Police as aforesaid to nominate and appoint a sufficient number of fit and able men as a Water Police Porce who shall he sw orn in like manner and shall be subject to the like rules and regulations and shall in addition to the powers vested in them by this Act have all and the like powders wdiich are vested in the police force authorized to be appointed under and hy virtue of the said last recited Act. | |
| Vessels may be | 4. And be it enacted That it shall be lawful for any Superinten dent of Water Police or any other Justice of the Peace or Con.stable of the said "Water Police with such assistants as they respectively may require to enter on board and search any ship or vessel entering or being within the said Harbour of Port J aekson or any other port or harbour wdthin the said Colony or its Dependencies to which the jn-o- visions of this Act shall have been extended as aforesaid when and so often as he or they shall have reasonable ground for lielieving such search to be necessary in the execution of the duties imposed by this | |
| boarded and | ||
| searched. | ||
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| 1840, | 4'̂ YIC. | N o. | IT. | 1073 |
Seamcu and IVater JPolice.
5. And be it enacted That the master of every shi]) or vessel Masters <ic vessels to
(stetuners or otheV vessels trading coastwise excepted) shtdl within erewsLufTiTsen'scis
| twenty-lt)nr hours after the arrival of such ship or vessel in any port >̂ | i, arrival. | " |
| or harl)our whert; this Act shall be or shall have been declared to be in oiieration deliver to the Superinttnident of Water Police of such port or harbour a true list in writing containing the names of the crew and passengers of and in such ship or vessel and in case such master shall neglect or refuse so to deliver such list within the time aforesaid or in case he shall omit to insert in such list tlu' naivu' of any of the crew or passengers he shall forfeit and pay a penalty of not less than ten pounds nor more than lifty pounds. |
| (5. And be it enacted That the master of everv shin or vessel r̂asters „r vessels lo | r | L | 11' . | 1*.* |
about to leave any of the jiorts or harbours within the said Colony or „)',,‘̂ '“ ,,)5‘passenRci's
| its 13ependencies whore the provisions of this Act shall be or shall | cieimrtnK̂ from |
| have been declared to be in operation as aforesaid shall before clearing |
| out at the Custom House deliver to the Suiierintendent o f ’\\'ater" | .r |
| 1* | f t | 1 | I | I | I | X | 1 | x | l | * | x | * | ' a ‘ | t c i l t l lO l l | V t'S h C lS . |
Police ot SLicli port or haiiiour a true and correct list m im ting
containing the names of the crew and passengers and all other persons
| intending to proceed to sea in such ship or vessel and such list shall | . |
| also shew the disposal of such of the crow who arrived in such shi]) 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 not contain a full and true statement of the particulars aforesaid lu' shall be lialile to forfeit and pay a penalty of not less than ten pounds nor more than fifty pounds. |
7. And be it enacted That if after the clearance of any such i'liismjs found on ship or vessel at the Customs any ])orson shall be found on board ?̂ iudi |!i"!“!anccTn ̂ ship or vessel whose name shall not be contained in such ];ist-
mentioned list and who shall not he able satisfactorily to shew that he; ir,’sJ'!\'irsmcii'vô
do(fs not intend to proceed to sea in such shi]) or vessel it shall be "“'r hedotnined.
| lawful for any Superintendent of Water Police J ustice of the Peac(' Olfic'.'r of Customs or Constable Avith such assistants as they respec tively may rec^uire to detain any such person and lodge him in safe custody until he shall be dealt with according to law. | ' |
8. And be it enacted Tdiat on complaint of a master of any shi]) senmen drsi i-Un-
or vessel or any merchant merchant’s clerk or other ])erson on h(-half
| of such master that any other ship or vessel proceeding to sea hath on '>" | nnotim- pm- |
| board any seaman or mariner who hath deserted from or is in any VA ay indebted to the said master or to the owner of such first-mentioned shi]) or vess(d it shall be lawful for any Suj)erintendent of '̂ '̂ater Police Justice of the Peace OfRcer of Customs or Constable' to detain such seaman or mariner and lodge him in safe custody xintil lu' shall be d('alt VAuth as by law is in such case Auade and provided notAvith- standing that the name of such seaman or mariner may b(' inserted in any such last-mentioned list. |
9. xlud be it enacted That if a master of any sliij) or vessel I’lnaity on masters
proceeding to sea shall suffer any person to embark on board such ship
or vessel Avhose name shall not be contained in such last-mentioned'"'iiipteontnincd in
list or shall refuse or neglect to deliver any such lists as aforesaid
Avithin the respective times hereinbefore ])roA'ided for deliA'erv tlu'reof'''''‘'S:'’"" ='"yiist
after tbe arrival and before the departure of such ship or ves.s('l or nap* hTiTiuaiMivin-
shall Avilfully insert in any such list any false statement he shall forfeit
and pay for every such offence a sum not less than ten pounds nor
more than fifty pounds.
10. Provided ahvays and be it enacted That in order to ])revent suiKMintomimit »f
injury to passengers seamen mariners or others Avhose names laaay
happi'ii to be omitted in such.last-mentioned list it shall be hiAvful foV ‘"'n siandci itifi-
tlic Superintendent of Water Police or for any Police Magistrate to
grant
| 1074 | N o. 17. | 4« VIC. | 1840. |
Seamen and W ater Folice.
| have been impro- | grant to any passenger seaman mariner or other person whose name shall not bJcontained in such list a special license to depart from |
| and shall pubiish the the Said Coloiiv if it sliall l)c shewn to the reasonable satisfaction of | and shall publish the | |||
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| sea until searched | ||||
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| their departure | ||||
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| master of a vessel | ||||
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| obstructing or | ||||
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| this Act. | ||||
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| 1840. | 4" VIC. | No. 17. | 1075 |
Seamen and W^ater Police.
14. And be it cmacted That it* a master of any ship oi- v(!ss(d siasters to give
within any such port or harbour as aforesaid shall discharge any orthei'rTbchŜ ge*
person belonging to tlie crew" of such ship or vessel without giving to
such person a certificate signed by such master specifying the period
of service and the time and place of discharge of such person in the
manner required by an Act of the Imperial Parliament passed in the
fifth and sixth years of the reign of His late Majesty King AVilliam
the Fourth intituled “ An A ct to amend and consolidate the Laivs
“ relating to the Merchant Seamen o f the United Kingdom and fo r
“ forming and maintaining a, Register o f all the Men engaged in that
“ Service” the master of such ship or vessel shall on conviction thereof
bd'orc any two or more Justices of the Peace forfeit and pay for every
such offence a sum not less than ten pounds nor more than fifty ])ounds.
15. And be it enacted That (>very certificate so given sliall bv Such certificates to
the master giving it be brought to the office of the Superintendent of give to any person so discharged as aforesaid a certificate of tlu' registry of his discharge in the event of its being ]n-oved to tbe satis faction of such Superintendent that the original certificate of discharge has been accidentally lost or destroyed which certificate of registry shall be in the w"ords or to the effect following that is to say—
AVater Police for sucli port or harbour as aforesaid and be co u n ter-superintendent of
signed by such Superintendent before it be delivered to the person be’̂ registered before**
entitled to receive it and a registry of all certificates of discharge so delivery thereof,
given shall be kept by the resjiectivc Superintendents of Watei- Politic
in the form set forth in the Schedule to this Act annexed marked
I certify that A. B. tynam ing the'party') Avas discharged from Porm of certificate,
the ship {imming the ship or brig ~̂c.) 0 . D. master on the day of 184 and that the certificate of such discharge was dulv registered at this Office.
| TFater Police Office | ' | " | E. F. |
184 S-npt. W ater Police.
16. And be it enacted That no master of any ship or vessel Masters of vessels
witnm any suen port or narbonr as aioresaid shall Jure or engage any seamen Avho shall
seaman who shall not produce and dellAcr to him a eertificiite o f p’'°;
| discharge irom ms lormer service signed and countersigned as Jierem- discharge or of the | T T « ! • / » • • T T > • 1 1 * uuce certincates of | |||||||||
| before directed or a certificate of the rea-istrv of the same sii>ncd py registry of such tlu! Superintendent of AVater Police as also hereinbefore directed Avhich certificate either of discharge or registry the said master shall Avithin tAvo days after having hired or engaged such seaman deliver to the said Superintendent and if any such master shall hire or engage any seaman Avho shall not have produced and delivered to him such certi ficate either of discharge or registry as aforesaid or if any sueh master liaving received any such certificate shall not give up the same to the said Superintendent Avithin the time aforesaid such master shall for eA"cry such offence forfeit and pay a sum not less than ten pounds nor | ||||||||||
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| shall be construed to render it unlaAvful for a master of any ship or s;IpV,‘i\iTendoiVof A'cssel to hire or engage any seaman or mariner or any person to Water PoUcc. perform the duties of a seaman or mariner Avith the eonsent in Avriting of the Superintendent of AÂ ater Police of the port or harbour at aa IucIi any such person shall be so hired or engaged Avhether such person sliall or shall not be able to produce any such certificate as aforesaid. | ||||||||||
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| manner or other person trom any ship or vessel or to be a certincate and vagabonds! of the registry of such discharge as aforesaid every seaman mariuer or other person so offending shall be deimied to be a rogue and |
vagabond
| 1076 | N o. 17. | 4" YIC. | 1840. |
Seamen and W ater Police.
vagabond within tlie meaning of an Act of the said Governor and Legislative Council passed in the sixth year of the reign of Jlis late Majesty King William the Fourth intituled “ An A ct fo r the pre- “ nention o f I'afjrancij and fo r the panishment o f idle and disorderti/ “ Per.<ions Pogne.9 and Vagabonds and ineorrigihte Pogues in the Colong “ of Neic South JVales'’ and he liable to he dealt with in the manner in the said Act jn-oi ided for the punishment of rogues and vagabonds.
| I'enaity on persons | 18. And 1)0 it enacted That if any person or persons not being authorized sliall go O il hoard or he and remain alongside any ship or vessel in any sueh port or harbour as aforesaid at any time after sun-set and before sun-rise without the permission of the master or other person then having or being in charge of such ship or vessel it shall he lawful for any Superintendent of Water Police Justice of the Peace Oflicer of Customs IPater Policeman or Constable or tlie master or tin' person having or being in charge of such ship or vessel as aforesaid to lodge oi- kei'p or caust' to he lodged and kept in safe custody any person so offending until he shall he brought liefore the Superintendent of Water Police for such port or harbour or some Justice or Justices of the Peace on the following morning and such Superintendent or Justice or Justices shall have power to remand and detain in custody such person for such reasonable time as may he necessary to prepare an information and procure the attendance of the witnesses necessary to support such information and such Superin tendent or .Tustiee or Justices is and are hereby authorized and required to hear and examine into the matter of such information and on con viction such person shall forh ît and }>ay for ĉ ery such offence of which he shall he so convicted a sum not less than five pounds nor more than lifty pounds unh'ss it shall he made to appear to the satis- |
| SomCof ^ ^ | service of the 'Water Police or Customs or being otherwise duly |
| sun set iimi before |
| ■ | faction of the Superintendent of Water Police or J ustice or Justices of the Peace before whom such conviction shall he had that such person or persons was or were so on hoard or alongside such ship or vessel hy unavoidalilo accident or for some lawful purpose. |
| Seamen guilty of | 1 9 . And he it cnactcd That upon complaint on oath made hy |
| iirbroug'iirbrfore | ^hc mastci' oi‘ other person ha’\'ing or being in charge of any ship or |
| Mâ ^MStratc and | ' ' | ' | vessel within any such port or harhour as aforesaid against any sea |
imprisoned for three
| uiontlis. | man or seamen mariner or mariners or any other person or persons employed or being in or about or upon such ship or vessel for insubordination or refusal to work or inciting or attempting to incite any other person or persons engaged on hoard such ship or vessel as aforesaid to tlie commission of such offences or any of fhem it shall he lawful for the Superintendent of 'VPater Police of sueh port or harhour or any Justice or .lustices of the Peace to order and direct one or more Water Policeman or Wafer Policfimen or Constable or Constables to apprehend the party or parties in any Avay so offending and bring such party or parties hefoi’e such Super intendent of Water Police .Justice or Justices or before any other Justice or .Justices of the I’eace who shall inquire into the matter of such complaint and upon due proof thereof either hy such evidence as such Superintendent of Water Police or Justice or .Justices shall deem sufficient or on confession of the party or parties complained of it shall he lawful for such Superintendent of Water Police .Justice or .Justices to commit such party or parties to any common gaol house of correction or other prison at any town or place to which the provisions of this Act shall have been extended there to remain for any term not exceeding three calendar months with or Avithout hard labor as such Superintendent of Water Police or Justice or .Justices shall determine. |
| Master to answi-r | 20. | And he it enacted That the master or other person having |
| when ehalleng’ed hy |
| any ^Magistrate or | or being in charge of any shi]A or v('sscl Avithin any siAch port or |
harhour
| 1840. | 4° VIC. | N o 17. | 1077 |
Sfameii and JVater Folice.
| at least one seaman or mariner in charge of the deck of such ship or Constable. 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 having 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 of Water Police for such port or harbour or any Justice of the Peace Officer of Customs | harbour as aforesaid shall at all times as well by day as by night have Officer of Customs 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 chargt; 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 shillings nor more than five pounds and every person having the charge or being on board any shore or other boat so offending as aforesaid shall for every such offence forfeit and pay a penalty or sum of not less than ten shillings nor more than five pounds. |
21. And be it enacted That if any person w'homsoever shall Penalty on persona
wilfully destroy or damage or attempt or endeavour to destroy or atmmpUng°to Justices of the Peace or Officer of Customs Water Policeman or Constable or bA" anv one acting for or itnder or bv authoritv of him them or any of them or the sails oars tackle or other gear or furniture or the stores goods or other articles or things contained in or belonging to such Amssel or boat or any part thereof such person so offending shall on conviction thereof before any two or more Justices of the Peace forfeit and pay for every such offence a penalty or sum of not less than two pounds nor more than ten pounds and shall also make good the damage so done together with the reasonable costs and charges attending the recovery of the same or shall suffer imprison ment for any time not exceeding three calendar months.
damage or shall be in anv wav concerned in destroving or damaging or ‘damage vessels or
in any attempt or endeavour to destroy or damage any vessel or boat under this Act.
belonging to or hired or employed by the Superintendent of Water
22. And be it enacted That when any person shall die on board Persons dying oq
any ship or other vessel or boat lying w'ithin any such port or harbour as aforesaid the master or other person in charge of such ship or other vessel or boat shall as soon thereafter as conveniently may be cause the body of such person so having died to be brought on shore and interi’ed and such master or other person neglecting or failing so to do shall for every such offence forfeit and pay a penalty or sum of not less than five pounds nor more than twenty pounds.
23. And be it enacted That any seaman Avho shall be found in Seamon on siiore
any street or place in any toAvn or place on shore within the said nfĝ t'wlthoift̂ a'pass
| Colony where this Act shall be in operation at any time after the hour “ay | fi»ed los. |
| of nine o’clock at night or before sun-rise in the morning shall unless | , |
| he produce a written or printed pass from the master or other person | |
| in charge of the ship or vessel to which such seaman shall belong or a | |
| certificate of discharge countersigned as aforesaid or a certificate of tlie | |
| registry thereof as aforesaid be taken into custody by any Water | |
| Policeman or Constable and lodged in any watch-house and shall at | |
| the next usual hour of business be taken before the Superintendent of | |
| Water Police at such tmvn or place or any Justice or Justices of the |
| Peace and on conviction of such offence such seaman shall forfeit and | ■ |
| pay a penalty or sum of not less than five shillings nor more than ten shillings or in default thereof shall bo committed to any house of correction or gaol for any term not exceeding three days unless such |
| 2 s—VOL. 2. | penalty |
| 1078 | N o. | 17. | 4« VIC. | 1840. |
Seamen and W ater Police.
penalty shall he sooner paid and it shall he lawful for such Superin tendent or Justice or Justices after the payment of such fine or penalty or in case of non-payment thereof after such seaman shall have been discharged from such house of correction or gaol to forward him in custody to the shij) or vessel of which he shall be a seaman or mariner as aforesaid.
Penalties on persons
| liarbouring seamen | 24-. And be it enacted That if during the continuance of any |
| who are on shore | period of service contracted for in or by any agreement signed by any |
| without certificates | |
| of discharge or | seaman or mariner to serve on board any ship or vessel which shall |
| passes. | come or be within any such port or harbour as aforesaid any person whomsoever shall harbour conceal employ or retain or assist in harbouring concealing employing or retaining such seaman or mariner or shall cause induce or persuade or endeavour to cause induce or persuade such seaman or mariner in any manner whatsoever to violate or to attempt or endeavour to violate such agreement or shall knowingly connive at or conceal the violation of or any attempt at the violation of such agreement by any seaman or mariner such person so offending and knowing of or having reason to believe the existence of such agreement and of the violation thereof by such seaman or mariner shall for every such olfence upon conviction thereof forfeit and pay a j)enalty or sum of not less than five pounds nor more than fifty pounds or in case of non-payment thereof it shall be lawful for the Superintendent of such port or harbour or any Justice or Justices to commit the person so offending to any house of correction or gaol for any term not less than seven days nor more than three calendar months to be kept to hard labor or otherwise as such Superintendent |
| Persons offending | or Justice or Justices shall order and direct Provided always that |
| presumed to have | |
| a knowledge tliat | every person offending against this present provision shall be deemed |
| tiie men harboured | to have known of or had reason to believe the existence of sut;h agree |
| by tliem were 011 | |
| shore in violation of | ment and the violation thereof by such seaman or mariner unless it |
| their agreement ai | nd shall be made to appear to the satisfaction of the Superintendent of |
| must prove their |
| own innocence or | Water Police or Justice or Justices before whom the matter of complaint |
| cised reasonable | |
| that they had exer | shall be heard that notAvithstanding ordinary precaution in that behalf |
| precaution. | the person charged with such olfence shall have been imposed upon by falsehood or fraud and have thereby unknowingly and unwillingly offended against the present provision Avhereupon it shall be lawful for such Superintendent or Justice or Justices to mitigate the penalty to any sum which he or they may think fit or Avholly to acquit the person charged with such offence. |
| Ships or houses may | 25. And be it enacted That it shall be laAvful for the Superin- |
wlŷ seamen—penah of Water Policc for any such port or harbour as aforesaid or
| ties on seamen found any Justice 0 1 ’ Justices of the Peace upon complaint on oath that anv | secreted therein and . 1 1 1 ^ 1 1 i |
| onpartiesharbouring runaway Seaman or seamen is or are liarhoured secreted or concealed or suspected to be harboured secreted or concealed on board any ship boat or other vessel or in any house or place Avhatsoever to issue a warrant directing some Water Policeman or Water Policemen or Con stable or Constables to search such ship boat or other vessel or such house or place and such seaman or seamen or any other seaman or seamen as shall be there found harboured secreted or concealed together Avith the master or other person having or being in charge of the ship boat or other vessel or the occupier of the hous(5 or place Avherein such seaman or seamen or any of them shall be so found to lodge in any or the nearest Avatch-housc there to be detained until brought before such Superintendent Justice or -lustices or any other Justice or -lustices who is and are hereby authorized and required to inquire into and determine tlie matter of such complaint and on con viction thereof such seaman or seamen so found harboured secreted or concealed as aforesaid unless he produce a Avritten or printed pass as aforesaid or a certificate of discharge countersigned as aforesaid or |
a
| 1840. | 4̂ VIC. | No. 17. | 1079 |
Seamen and Whaler Folice.
| a certificate of the registry thereof as aforesaid whether he or they he the party or parties complained of or not shall forfeit and pay a penalty or sum of not less than ten shillings nor more than twenty shillings or in case of non-payment thereof shall he committed to any house of correction or gaol for any term not exceeding seven days there to he kept to hard labor or otherwise as such Superintendent or Justice or Justices sliall determine and if such master or other person having or being in charge of the ship boat or other vessel or such occupier of the house or place wherein such seaman or sea men or any of tliem were so found harboured secreted or concealed shall not shew to the satisfaction of sueh Superintendent or Justice or Justices that he or they had not nor could have any knowledge or reasonable ground for suspicion that such seaman or seamen had run away or absconded from his or their lawful service or were so harboured secreted or concealed such master or other person having or being in charge of such ship boat or other vessel or such occupier of such house or place wherein such seaman or seamen or any of them shall have been so found shall on conviction thereof forfeit and pay for every such olfence a penalty or sum of not less than five pounds nor more than fifty pounds or in case of non-payment thereof shall be committed to any house of correction or gaol for any term not less than seven days nor more than three calendar months there to he kept to hard labor or otherwise as such Superintendent or Justice or Justices shall determine. | , |
26. And he it enacted That in 2)rosecuting any offence or suing now aBreements
for any penalty under this Act it shall not he necessary for the
| purpose of jiroving the ex(!cution of any agreement to call any sub- proved. | ' |
| scribing or attesting witness or Avitnesses thereto or to account for the absence or to prove the hand-Avriting of any such subscribing or attesting witness or Avitnesses but that every such agreement may h(? proA'ed in like manner as if there Avere no subscribing or attesting Avitness ther(!to. |
27. And Avhereas it is expedient for the better regulation of Boatmen to be
persons plying boats for hire on the Avaters of the ports or harbours toXnf of avX™'" within the said Colony of N oav South Wales and its Uejtendencies Bo'>oo .and to wear that so much of an Act of the Governor and Legislative Council
of the said Colony passed in the fourth year of the reign of His late Majesty King M'illiam the Lourth intituled Act fo r “ reynlatbuj the Folice in the Town and Fort o f Si/dnei/ and fo r “ 7'einocing and preventing Nuisances and Obstructions therein'’’ as requires the names of boatmen plying for hire in Sydney Cove or Darling Harbour to he registered in the Police Office in the ToAvn of Sydney should be repealed and other jiroA ision made in lieu thereof Be it enacted That the same shall be and is hereby declared to he repealed accordingly and that from and after the passing and jAuhlica- tion of this Act every person Avho shall he desirous of plying any boat for hire Avithin any port or harhour to Avhich the provisions of this Act shall he or shall hav(; Ijeen extemded as aforesaid shall for such j)UiqAOse make application to the Sujfcrintendent of Mffiter Police for such j)ort or harbour and on being ajfproved shall register his name and place of abode in the office of the said Sujferintendent and thereupon such person shall receive a l)adge on Avliich shall he inscribed his name and the number of his license Avdiich badge he shall Avear firmly seAved to his coat or jacket on the left breast and for such registration and badge he shall pay a fee of five shillings and any person who shall ply a boat for hire Avithin any such j)ort or liarbour as aforesaid AA’ithout sueh license and registration or being licensed Avithout a badge sewed as aforesaid shall on conviction forfeit and 2>ay for every sucti oftence a penalty or sum of ten shillings
Provided
| 1080 | N o. 17. | 4*’ YIC. | 1840. |
Seamen and IVater Police.
Provided however that such fee of five shillings shall not he payable hy any person who at the time of the passing and publication of this Act shall be registered as a boatman plying for hire in Sydney Cove or Darling Harbour under the provisions of the said last recited Act.
| Penalty for offences | 28. And be it enacted That every person who shall violate |
| not specially pro |
| vided for. | any provision of this Act shall for every such offence for which a penalty or punishment is not otherwise herein specially provided for feit and pay a sum of not less than five shillings nor more than ten pounds. |
| This Act not to | 29. And be it enacted That nothing in this Act contained shall |
| abrogate any rights |
| or remedies con | be taken or construed to alter or affect or as intended to alter or affect |
| tained in any Acts | any other Law Act or Statute or any provisions therein contained or to |
| now in force. | abrogate any rights or remedies which exist or may be had indepen dently of this Act but that all such Laws Statutes Acts provisions rights and remedies shall exist and may be enforced in like manner as if this present Act had no existence and had not been passed Provided however that no person prosecuted under this Act shall be prosecuted for the same offence under any other Act. |
| As to construction of | 30. And to avoid all doubts in the construction of this Act |
| Act. | Be it enacted That every port harbour haven roadstead channel creek and navigable river within the said Colony and its Dependencies shall be deemed taken and understood to be a port or harbour within the meaning and for the purposes of this Act and that every person having the command or charge of or chief authority in any ship or other vessel shall within the meaning and for the purposes of this Act be deemed taken and under.stood to be the master of such ship or vessel and that every person (apprentices excepted) who shall be employed or engaged to serve in any eapacity on board the same shall in like manner be deemed taken and understood to be a seaman or mariner within the meaning and for the purposes of this Act and that the word “ ship or vessel ” as used in this Act shall be deemed taken and understood within the meaning and for the purposes of this Act to comprehend every description of vessel whatsoever of greater burthen than ten tons. |
| Tonnage duties to be | |
| levied. | 31. And in order to provide a fund to meet the expenses of carrying the provisions of this Act into effect Be it enacted That from and after the passing and publication of this Act every registered ship or vessel entering any port or harbour within the said Colony of New South Wales or its Dejiendencies to -which this Act shall be or shall have been extended as hereinafter provided shall be liable to pav and the master thereof shall pay upon demand to the Collector of Customs of the said Colony or to such other person as shall be duly appointed to demand and receive the same the sum of sixpence for every ton of the registered tonnage of such ship or vessel Provided however that no ship or vessel Avhatsoever shall be required to pay such tonnage duty at any port or harbour as aforesaid if the same shall have been paid at that or any other port or harbour within the said Colony or its Dependencies at any time AA'ithin the four months next preceding the day on Avhich such ship or vessel shall enter sueh first mentioned port or harbour Provided also that no ship or vessel engaged in the coasting trade or in the trade between New South Wales and any of the Australian Colonies shall be subject to the pay ment of such tonnage duty at any port or harbour as aforesaid if the same shall liave been paid at that or any other port or harbour Avithin the said Colony or its Dependencies Avithin the tAveh’e months next pre ceding the day on Avhich such ship or vessel shall enter such first |
Every vessel plying mentioned jiort or harbour.
| port'bVhâ bour‘in°̂ | 32. And be it enacted That every vessel plying on Die Avaters |
| New South wah r, | of puy sucli iiort 01' hai’bour as aforesaid Avitliin the said Colony or its |
| ■where this Act shall | v | i. | y | _ |
| be in operation shall | Dependencies |
| 1840. | 4” VIC. | V o. 17. | 1081 |
Seamen and JVater JPoUce.
Dependencies shall he subject to the payment of the said tonnage be gubjoct to the
| duty once in every twelve liionths. | { o r a s f d u ty | in |
| 33. And he it enacted That all sums of money which shall | “lontiis. |
he receiv(!d in payment of the said tonnage duties shall he paid over onnago duty to the Treasurer for the time being of the said Colony by the Tiarty or shall be paid and"
| parties receiving the same | rrovidcd that in case oi non-payment oi thereof in ca.so of |
any such tonnage duties hy the master of any such ship or vessel or non-rayment.
other person liable to pay the same such duties shall he recovered
before any one or more Justice or Justices of the Peace and such
Justice or Justices is and are hereby authorized and required to
inquire into and determine the matter in a summary way and in every
such case the like proceedings may be had and the like measures
| taken as are directed in and by an Act of the Governor and Legisla- | ' |
| tive Council of the said Colony passed in the fifth year of the reign of His late Majesty King 'William the Pourth intituled “ An A ct to rerjidate summary proceedinys before Justices o f the Peace A |
3 1 . And be it enacted That all fines penalties or forfeitures Recovery of penai-
incurred or recoverable under the provisions of this Act shall and may he recovered in a summary way before any one or more Justice or Justices of the Peace in manner directed hy and under the provisions of the Act hereinbefore last recited unless otherwise specially provided for hy and under the provisions of this Act.
3 5 . Provided always and he it enacted That in case of tlie imprisonment where
non-payment of any penalty imposed hy and under the provisions of this Act it shall be lawful for any Superintendent of '\Pater Police or Justice or Justices of the Peace before whom the conviction shall he had to cause the same together with the costs and charges attending such conviction to be levied by distress and sale of the olfendcr’s goods and chattels the overplus (if any) after deducting the charges of such distress and sale to he rendered to such offender Provided further that in case no such distress shall he found or no sufficient distress such Superintendent or Justice or Justices may hy warrant under his or their hand or hands commit such offender to any of Her Majesty’s gaols or houses of correction for any time not less than one calendar month nor more than six ealendar months to he computed from the day on which such offender shall be actually arrested and not from the date of snch warrant and for the purpose of ascertaining the same the constable or other person who shall make the arrest is hereby required to indorse on the back of such Avarrant the date of such arrest under a penalty or sum of five pounds Avhich shall and may be recovered in manner hereinbefore provided for the recovery of other penalties Proviihxl also that in case of any neglect to indorse the said Avarrant as aforesaid the same shall not vitiate any such arrest but in such case the time of imprisonment shall run from the date of the Avarrant.
3 0 . And be it enacted That if any person shall be summoned I’cnaiucs on wit-
| as a Avitness to give evidence before any Superintendent of | '’cssesnotappeanng. |
| Police Justice or Justices of the Peace touching any of the matters aforesaid either on the part of the prosecution or of the person or persons accused and shall neglect or refuse to appear at the time and place for that purpose appointed Avithout a reasonable (ixcuse for such neglect or refusal to be alloAved by such Superintendent Justice or Justices or appearing shall refuse to be examined on oath and give evid(mce before the Superintendent or J ustice or J ustices before Avhom such jirosecution shall be depending every sueh person so offending shall forleit for (wery such offence a penalty or sum not less than two pounds nor more than thirty pounds to be recovered in manner hereinbefore provided for the recovery of other penalties. |
| 1082 | N o. | 17. | VIC. | 1840. |
Seamen and JVater Folice.
| Appeal to Quarter | 37. And be it enacted That any person who shall think himself |
| 8esEions. | or herself aggrieved by the imposition of any fine or penalty above the sum of ten pounds or by any act done by any Superintendent of Water Police Justice or Justices under or concerning the execution of this Law or Ordinance may appeal against such penalty or act to any Court of Quarter Sessions to be holden for the district or nearest to the district in which such cause of appeal shall have happened within six months thereafter first having given notice of such appeal according to the provisions of the law which shall be in force for the time being for the general regulation of appeals of such or the like nature. |
| Costs. | 38. And be it enacted That in every case where notice of appeal against the judgment of any Superintendent of Water Police or Justice or Justices of the Peace in or concerning the execution of this Act shall have been given and such appeal shall have been dis missed or the judgment so appealed against shall have been afiirmed or such appeal shall have been abandoned it shall be lawful for the Court of Quarter Sessions to which such appeal shall have been made or shall have been intended to be made and such Court is hereby required to adjudge and order that the party so having appealed or having given notice of intention to appeal shall pay to the Superin tendent of Water Police or Justice or Justices to Avhom any such notice shall have been given such sum by way of costs as shall to such Court seem reasonable and if such party shall refuse or neglect forthwith to pay such sum it shall be lawful for fhe said Court thereupon to adjudge and order that such party shall be committed to any gaol or house of correction there to remain until such sum be paid and that in every case in Avhich the judgment so appealed against shall be reversed it shall be laAvful for such Court if they shall see fit to order that the Superintendent or Justice or Justices Avhose judgment shall have been so reversed shall be indemnified from all cosfs and charges to which he or they shall have been put by such appeal and to recommend to the GoA êrnor or Acting Governor for the time being of the said Colony Avho is hereby authorized upon such recommendation to cause a sufficient sum for that purpose to be paid from the Colonial Treasury. |
| No eertiorari. | 39. And be it enacted That no conA'iction under this Act nor any adjudication made on appeal therefrom shall be quashed for Avant of form or removed by Avrit of certiorari or otherwise into the Supreme Court of the said Colony and no Avrit of commitment or distress shall be held void by reason of any defect therein provided it be therein alleged that there be a good and A'alid (sonviction to sustain the same. |
| the execution of this | |
| Officers protected in | 40. And be it enacted That no action shall lie against any Super intendent of Water Police Justice of the Peace Officer of Customs Water Policeman Constable or other Peace Officer or any person acting for or under them or any of them or on account of any act matter or thing Avhatsoe er done or to be done or commanded by him them or any of them in carrying the provisions of this Act into effect against any party or parties offending or suspected to be offending against the same unless there be direct proof of corruption or malice and unless such action be commenced Avithin 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 ha e so done or shall so do in carrying the provisions of this Act into effect he may plead tlie 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. |
| Act. | |
| Appropriation of | 41. And be it enacted That one moiety of all fines and penal ties paid and received by virtue of tliis Act shall go to the use of the party or parties informing and suing for the same respectively |
| fines and penalties. |
as
| 1840. | 4̂ ̂ VIC. | N o. | 17. | 1083 |
Seamen and W ater Folice.
as the case may be and the other moiety thereof and all other the sum or sums of money collected levied or received under and hy virtue of the ]U’ovisions of this Act shall he paid over to the Colonial Treasurer of the said Colony or any other person duly authorized to receive the same and he appropriated to the purposes of canning the provisions of this Act into effect Provided ahvays that any informer or other person suing for any penalty imposed hy or under the pro visions of this Act shall in all cases he deemed and taken to he a com petent witness.
| . | 42. And he it enacted That this Act shall extend to and he in Act maybe extended |
force in such ports or harbours or’towns or places within the said
Colony and its Dependencies and at such times as the Governor or Governor,
the Acting Governor of the said Colony for the time being shall by
notice to be published in the New Sontk Wales Government Gazette
declare to be and to come under the operation thereof.
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