Shipping Act 1825 No 9a (NSW)

No. 10. 0’ GEO. IV. 1825.

Skippivg.

No. X.

S nirp tS G .

An Act for the Regulation of Shipping in the

Harbours of New South Wales and Van Die­

men's Land respectWcly. \pth Aprils 1825.]

All Vessels nrriying	it cnacted by Ilis Excellency the Governor of New Soutli which from and after the jmblieation of this Act sluvll or may arrive a t or off any l*ort or Ila rhour in New South W ales or Van Diemen’s Land wherein any Pilot or Pilots shall or may have heen appointed in m anner hereinafter mentioned for the purpose of entering any of tlui said Ports or H arbours shall hy tin; M aster or other person in com­ mand of such Shij) or Vessel he delivered and given in charge to such Pilot where such Sliip or Vessel shall arrive as shall first board or go alongside of sueh Ship or Vessel in order to conduct the same into Port and sueh Pilot shall if required hy sueh M aster or Commander produce his License to act as Pilot as hereinafter mentioned And )je it further cnacted tha t no M aster or Commander of any such Sliip or Vessel shall he allowed to proceed to sea from any of tlie said Ports or Harliours or to quit his station or am;horag(i in cither of the same in order to proceed to sea w ithout receiving on hoard some Pilot appointed as aforesaid to conduct tlio said Sliip or Vessel to sea and if
and depart[ng sbatl	_13 W ales with the advice of the Council th a t every Shi|) or Vessel
receive Pilots on	"
Board
or ])ay a fine equal
to tbc amount of	any Ship or Vessel shall enter any of tlie said Ports or H arbours or
pilotage.	shall attem pt to proceed to sea without receiving on hoard tliercof some Pilot as aforesaid the M aster or person in command of any such Ship or Vessel shall forfeit and pay a line C(}ual in amount to sueli sum as the pilotage of such Ship or Vessel would have been if a Pilot had been received on hoard.
Pilots to be licensed	2. And be it further enacted That it shall he lawful for the Governor of New South W ales and the Lieutenant Governor of Van Diemen’s Land respectively to grant Ijieenses to such ]iersons as they may deem lit and qualified to act as I ’ilots for suck Ports and H ar­ bours of New South Wales and Van Diemen’s Land respectively as they may deem proper and nceessaiy and th a t every License so granted shall contain the name age statur{! complexion and place of abode of every such Pilot and shall further certify th a t he is duly qualilied to act as I ’ilot for such Port.

Pilotage on Vessels 3. And be it further enacted That no Pilot as aforesaid shall b<;

Outward Bouiui to be auywise hound to conduct any Ship or Vessel to sea un til the full paid or secured to he paid to the satisj'action of sueh Pilot.

pai in a vauce. of the outward pilotage of such Ship or Vessel shall ho first

Committees to heap 4. And l)e it further enacted That it sliall he lawful for the

flotage” Goveinor of New South W ales and the Lieutenant Governor of Van

and harbour charges. Diemen’s Land respectively to nominate and appoint seven persons resident at all and every of tlie Ports or H arbours where Pilots shall be appointed as liereinheforc dircctetl which said persons shall be members ol’ and shall be styled Committees for the respective Ports or H arbours whereunto tliey shall he so nominated and appointed as afore­ said and the said Committees or a majority of the members thereof respectively shall have pou er and autliority to fix and establish the rates of pilotage to be paid by all Ships or Vessels arriving a t or sailing fronr the said Poids or H arbours i-espt'ctively and also to fix and establish the rate of charges to he paid to the respective H arbour­ masters of the said Ports (jr lla rhours for the performance of certain acts and duties as hereinafter mentioned Provided always tha t the several rates of pilotage and of charges so to be fixed and established

by

1825. (]■’ (lEO. IV. No. 10.

Shipping.

l)y f lic said Committees or a majority of the menihcrs thereof respec­ tively as albrcsaid shall first he approved hy l l is Excellency the (joveriior of New South AValcs or the Lieutenant Governor of Van Diemen’s Laud respeel ively ns the ease may require and shall he puh- lislicd for tlie informal ion of the puldie Provided also tha t tin; said Committees or a majority of the members thereof shall be a t liberty to make sueh ditfereuee and allowance in the rates of pilotage and charg(?s as aforesaid to he paid by Ships and Vessels employed in the Coasting or other Trade of tlio Colony as may seem equitable and

proper, '

5. A nd be it furl her enacted That ^whenever any Ship or Vessel Duties of tiic Hw -

shall arrive within any of the said Ports or H arbours respectively the H arbour-m aster of the Port where sueli Vessel shall arrive shall witli due ddigenee repair on hoard sueh Ship or Vessel and shall cause all the guns or ordnam^e on hoard to he examined and unloaded ami as often as tin; M aster or Commander of any sueh Ship or Vessel shall he desirous of removing the same from the place of mooring or anchorage there taken or occupied hy sueli Shiji or Vessel to some other iihiee of mooring or aneliorage sueh M aster or Commander shall notify the Ilarhonr-m astcr of sueh Port of sueh his desire and Itic said H arbour-m aster sliall wltli all convenient speed go on hoard of su(‘h Shi]) and sliall direct the removal thereof and for every service so per­ formed such J fa r hour-mas ter sliall he entitled to and receive such lees and eliarges as shall he lixed and establislual in m anner hereinhefore mentioned and if the Mustei' or Commander of any such Shi]> or Vessel shall remove the same without first giving notice to tin; said H arhour-m aster according to the directions of this Act such M aster shall forfeit and pay fin* every sueli otfenee a fine not exceeding the amount of fees payable to sueh Harhour-master,

6. And h(! it further enaetixl That evm-y Ship or Vessel

or coming within the Hoads of Port Jackson shall pay a sum of

moniiy towards the support and maintenance of t!ie Jjight-liouse

slrueted a t the cntraiiei; of i,hc said Hoads a t the rate of 'Jhvo-pence jier	'
ton of register measiu'emcnt of sueh Ship or Vessel into tlie hands of the Naval Oifieer or liis Deimty and all sums of money so received hy liie Naval Onicer or his Dejmty shall h('- paid over without any de.(liiction whatsoever to the puhlio il’reasurer for the use and main­ tenance of the said Light-house.

7. And be it furl her enacted That evei’y person or persons Persons firoiiiijitej

whatsoever except the Naval Ofiieer or H arhour-m aster or siieli

])(!rson as shall or may I k ; specially authorised by the Governor who cumvEeta until dis-

shall on any account or ])r{;teuee whatsoiwer go on hoard or

of any Ship or Vessel arriving a t any of the said Ports or H arbours iars.

w ith convicts before ail sueh eonyhds shall have been discharged from

and out of such Ship or Vessel shall for every sueh offence incur and

pay a fine not execciliug Twenty Dollars.

8. And b e l t further enacted That no stones gravel ballast or Penalties for tiirow-

rnhhish of any kind shall be tlirom i or east into the w ater hidow

hii^li-ivater m ark Irom out ot any Ship or Vessel lym£? m Sydney Cove sds \yin̂ in Syam:y

liy any person or ]icrsons whatsoever on pain of his or tlufir sev(;rally

incurring for each and ei^ery such ofience a fine of not less than

Eivc and not exceeding One Hundred Dollars.

9. And he it further enacted That when any person shall die I’crsmis dying oiv

on, hoard of any Shiii or Ah.'ssel lying in any of the Ports or H arbours	u'''
aforesaid the IVl aster or Commander of such Shi]) or Vessel shall cause the body of such deceased person to he brought on shore and interred in the common burying-place of such Port or H arbour and if any M aster or Commander of any sueh Ship or Vessel shall refuse or neglect to comply w ith the provisions of tliis Act or if the body of any such

deceased

No. 10. O'* GEO. IV. 1825.

Shipping.

throwing tleceased person shall be thrown overboard from any Ship or Vessel as

a body overboard. ** aforesaid contrai’v to the true in ten t and meaning thereof every such

M aster or Commander so offcntUng sliall incur and pay a fine of not

less than Twenty Dollars.

Fines for Publicans 10. And be it fui’tber enacted That every Publican or other seamen'lvhraie*’'̂ *"^P î’son wlio sliall liarboul' oi‘ conccal dircctly or indirectly any seaman

deserters.belonging to any Ship or Vessel in any of the Ilm ’bours aforesaid and

being absent u ith o u t the leave of bis commanding ofliccr or deserting from his dnty shall incur and pay for every seaman so liarboured or concealed a lim? not exceeding Twenty nor less than Ten Dollars.

And for Masters or11. And be it further enacted That all and every M aster or

or”̂ gagfn"tbein^ Commander of any private or m erchant Ship or Vessel who shall hii’C

“ ' or engage to si'rve on board his Ship or 'Vessel any seaman or other person who shall to the knowledge of such M aster have deserted from any other Ship or A^essel sliall forfeit and pay for every seaman or other person so hived or engaged the sum of One Hundred Dollars.

No seaman to bo	12. And he it further enacted That no seaman belonging to
arrested or taken

from on board shipany Ship or Vessel shall he liable to he arrested or taken out of such

for a less debt than Ship 01* Vcsscl upon auy civil process whatsoever unless the plaintiff’ or plaintiffs suing out sueli process or some other person in his or their behalf shall make atlklavit before the Judge of the Sujireme Court or some other person duly authorised to take affidavits in such Courts tha t the sum justly due and owing to the plaintiff or plaintiffs from such seaman tru ly and lionst fide amounts to the value of twenty poumls a t the least and if any seaman as aforesaid shall he arrested contrai'y to the in ten t of this Act it shall he lawful foi' the Judge of the said Court ujion complaint made thereof hy the party him self or hy any other person in liis behalf to examine into the same by the oatli of the parties or otherwise and hy w arrant under his hand and seal to discharge such seaman upon due proof th a t such seaman was ari’ested contrary to the in ten t of this Act and also to award to the paidy comjilaining such costs as such Judge shall th ink reasonable to he recovered in the same way as il’ judgm ent had been given and execution awarded thereon.

Penalty for receiving . 13. And hc it I’lirtlici' enacted That it shall not he lawful for

convey'̂ tô Eica any M aster Or Commander of any Ship or Vessel leaving any of the person wiio iiM been said Harbouvs I'cspectivcly to receive on hoard liis said Ship or Vessel aMr̂ ifica'tefVomthe the pui'jiosc of convcyiiig to sca any person w ho may have heen

Principal Superiti-	transported to th is Colony or its Dependencies as a convict or who
tendoat of Convicts.
may have been convicted within the said Colony or its Dependencies and sentenced to transportation to any penal settlem ent w ithout receiving a certificate from the Principal Superintendent of Convicts residing a t each of tlie said Harbours respectively tlia t sueh person has been mustered ami examined hy such Superintendents respectively and th a t he or she has produced his or her certificate of freedom absolute pardon or the w ritten permission of H is Excellency the Governor or A cting Governor of New South AVales or L ieutenant Governor of Van Diemen's Land to quit the said Colony oi* its Dependencies under pain of incurring for each and every person so received on hoard his said Sliip or A^essel witliout sueh (certificate as aforesaid a fine or penalty of Twenty Dollars.
Fines and penalties	14. And he it further cna(cted That all fines penalties and forfeitures ineuiTod under and hy virtue of this Act shall be rccovcrahle upon conviction in a summary way before any tw'o Justices of the Peace and if such fines jienaltics and forfeitures shall not hc paid w ithin two days after such conviction as aforesaid the said Justices of
how recovcijtblc
the Peace shall issue their w arrant to levy sueh fines penalties and
forfeitures together w ith the expenses of the conviction upon the goods
and chattels of the party or parties against whom such conviction

shall

1825, O'* GEO. IV. N o . 1 0 .

shall boohtained as albresaid and in dolaidt of such "uods and d iattc ls

the said Justices may cause the body or bodies of the said party or

parties to be arrested and committed to }U‘ison un til such fintis penal­

ties and forfeitures together w ith tlie expenses of conviction shall be

paid Provided always th a t all lines ])enalties and forfeitures recovered

under and by virtue of this Aet as aforesaid shall be paid over ar)nro- ĵ*®**" •ipp'̂ o-

V ^ ^ ^ J. J. J. D f i i i t i o n

priated and accounted for in like m anner as is directed by an Act of	'
H is Excellency the Governor in Council intituled “ A n Act to prccent
“ the harhourhuj o f Rmmwtoj (Joucicls and the encouraging Convicts
“ tippling or gambtingf