Shipping and Pilotage Consolidation Ordinance 1855 (WA)

WESTERN AUSTRALIA.

ANNO OCTODECIMO

VICTORIA. REGINA,.

No. XV.

An Ordinance to consolidate and amend the Laws for the Regulation of Shipping, and of Pilotage and other Dues, in the Har- bours of Western Australia,

HEREAS it is expedient that the laws relative to the Regu- Preamble.

WPorts or Harbours of this colony should be consolidated and in somelation of Shipping, and of Pilotage and other Dues, in the

respects amended;— Be it therefore enacted, by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof-

18th Wet. No. 15.

1855.

Repeal.	I. THAT the following Ordinances (that is to say) the 2nd Wil- liam the IV, No. 9, the 4th & 5th Victoria, No. 15, the 9th Victoria,
No. 10, the 14th Victoria, No. 2, and the 16th Victoria, No. 15, shall be and the same are hereby repealed, save and except as to any penalties incurred, and any bonds or securities given and still in force, under any of the said Ordinances.

Governor make Rules and IL THAT from and after the passing of this Ordinance, it shall

publishes in Gazette.	be lawful for the said Governor, with the advice of the Executive Council of the said colony, from time to time to frame rules and regulations not repugnant to any of the provisions of this Ordinance, to be observed by all Masters and Commanders of all ships or vessels in any of the Ports or Harbours of the said colony, and by all per- sons duly appointed or licensed to act as Harbour Masters or Pilots in such ports or harbours; and the said rules and regulations to alter, amend, or repeal, and substitute others in their stead. Provided that all such rules and regulations shall be promulgated by procla- mation in the Government Gazette at least one month before the
same shall take effect at the expiration of which time the same shall
be in full force and effect : Provided further that until any rules and regulations shall be made and promulgated under the authority of this Ordinance, any rules and . regulations on the same subject, in force immediately before the passing of this Ordinance, shall con- tinue in force.

THAT in case any person, being the master, or in command of any ship or vessel, or being a Harbour Master, or being duly licensed to act as a Pilot in any of the said ports or harbours, shall in any case violate or neglect to observe any of such rules and regu-

III.

Penalty.	lations so promulgated as aforesaid, every person so offending shall,
for every such offence, forfeit and pay any sum not exceeding twenty
pounds Sterling. Provided that no master or commander of any ship or vessel shall be liable to a fine for any breach of such rules and regu- lations, unless a copy thereof shall have been previously delivered to him or left on board his ship or vessel.

THAT the master or commander of every ship or vessel (not bond fide engaged in the coasting trade of this colony,) entering any port or harbour of this colony, shall pay the several Harbour Master's, Pilotage and Tonnage Dues set forth in the scales or lists respectively lettered A, B, and Din the schedule to this Ordinance

IV.

annexed ; and the master or commander of any ship or vessel, in-

cluding

1855. 18th Viet. No. 15.

eluding such coasters as aforesaid, entering any such port or harbour as aforesaid, in which, or in the vicinity of which, any Public Light is, or shall be established, shall pay the dues set forth in the scale or list lettered C in the said schedule. Provided that no such dues as aforesaid (save those for ordinary pilotage) shall be deemed payable by any of Her Majesty's Shins or Vessels of War, or ships or vessels

chartered on behalf of Her Majesty ; and that no such dues as afore-

said (except light dues) shall be deemed payable by any ship or yes

sel breaking bulk and discharging cargo, for the sole purpose of pro-

curing supplies or effecting repairs, to an amount not exceeding one Coaster may compound,

hundred pounds Sterling. Provided further, that the owner of any

ship or vessel bona fide engaged in the coasting trade of this colony

may, by agreement with the Collector of Customs of any such port or harbour as aforesaid, pay a fixed annual sum on account of Light Dues, in proportion to thetonnage of such ship or vessel, instead of paying the said last-mentioned dues for each entry into port ; but such fixed sum shall not in any case be less than one pound or exceed three pounds in the year for the lights of any one port.

V. THAT it shall be lawful for the said Governor, with the Governor may alter

advice of the said Executive Council, to alter and vary (but so as never to exceed) all or any of the scales of dues set forth in the said schedule.

THAT it shall be lawful for the said Governor to grant li- censes to persons duly qualified to act as Pilots for any of the ports or harbours of the said colony ; and that every such license shall contain the name, age, stature, complexion, and place of abode of the person thereby licensed, and shall further certify for what Port he is duly qualified to act as Pilot.

cense.

VI.

VII. THAT the Master or Commander of any ship or vessel, not

being a coasting vessel or vessel of war, arriving from parts beyond the sea at or off any port or harbour of the said colony, wherein any Pilot shall have been appointed, for the purpose of entering the same, shall deliver and give in charge such ship or vessel to the Pilot, who shall first board or go alongside the same, in order to conduct the same into port; and such pilot shall, if required by such Master or Pilot chew license.

Commander, produce his license to act as Pilot ; and no Master or Commander of any such ship or vessel shall proceed to sea from any

of the said Ports or Harbours. or quit his station or anchorage therein

18th Viet. No. 15.

1855.

in order to proceed to sea, without receiving on board some duly licensed Pilot to conduct the said ship or vessel to sea ; and any Master or Commander who shall take his ship or vessel into any of the said ports or harbours, or shall attempt to take the same to sea, without first receiving on board thereof some Pilot as aforesaid, shall, on conviction of such offence, forfeit and pay a sum equal in amount to such sum as the pilotage of such ship or vessel would have amounted to if a Pilot had been received on board. Provided that if such Master or Commander shall have made the signal for a Pilot

Master of ship exempt at the proper time, and no Pilot shall offer himself to take charge of from pilot duty after sig- the ship or vessel, then such Master or Commander shall not be

deemed liable to pay the dues in such case appointed.

VIII. THAT no such Pilot as aforesaid, shall be bound to con- duct any ship or vessel to sea, until the full amount of the outward pilotage and other dues of such ship or vessel shall be first paid, or secured to be paid to the satisfaction of the Collector of Customs or Harbour Master.

Pilot to receive allowance IX. THAT every Pilot in charge of any ship or vessel in, or

if on board over 48 hours

entering or proceeding from, any such port or habour as aforesaid, who shall be detained on board such ship or vessel for a period ex- ceeding forty-eight hours, either on account of stress of weather or under quarantine, or by any act of the master thereof, shall be entitled to demand and receive, over and above lawful pilotage, such daily sum, not exceeding eight shillings, as may be appointed by any Rules and Regulations made and promulgated as aforesaid.

Penalty on refractory or X. THAT any licensed Pilot, who shall, without just and suffici-

mischievous Pilot.

ent cause, refuse, neglect or delay to take charge of any ship or vessel when so required ; or who shall quit any such ship or vessel, or decline the piloting thereof after he has been engaged, or before the service for which he was hired shall have been performed ; or shall, by drunkenness or otherwise,Tender himself incapable of con-

d ucting any ship or vessel, or shall do any injury to the same, or to

the tackle and furniture thereof, shall, on conviction of such offence, forfeit and pay any sum not exceeding EN Sterling, or, at the discre- tional the convicting Justices, be imprisoned, with or without hard labour, for any term not exceeding twelve months.

XI. THAT whenever any ship or vessel (not being bond fide

engaged

1855. 18th Viet. No. 15.

as his Deputy, with all convenient speed, go on board of such ship or vessel, and, unless he shall see good and sufficient cause to the contrary, shall direct the removal thereof; and for every such ser- vice, such Harbour Master shall be entitled to demand and receive the several fees or dues appointed by the scale lettered A in the scehdule hereunto annexed, or appointed by any other scale published under the authority of this Ordinance, and for the time being in force.

engaged in the coasting trade of the said colony) shall arrive in any Harbour Master, board

of the ports and harbours aforesaid, the Harbour Master of such pOrtvessa

shall, with due diligence, repair on board such ship or vessel, and

shall appoint the place where every such ship or vessel shall moor or

cast anchor ; and as often as the Master or Commander of any such

ship or vessel shall he desirous of moving the same from one place of

moorage or anchorage to another, he shall notify his desire to such

XII. THAT the Master or Commander of every ship or vesselnond.

entering any of the ports or harbours aforesaid shall, if se required

to do by the Collecter of Customs of such port or harbour, enter into

a bond in the form, or to the effect of the form lettered E in the

schedule hereunto annexed, with one surety to be approved by

such Collector, conditioned for the due observance or the provisions

of this Ordinance, and of any Rules and Regulations made and pro-

mulgated as aforesasd—Provided that if such Master or Commander

shall deposit the certificate of registry of his ship or vessel with such

Collector, to be delivered back to the depositor or his agent, with	Deposit certificate a Re-
the port clearance, in such case it shall be lawful for such Collector, at his discretion, to dispense with such bond as aforesaid, retaining such certificate, until the departure of the vessel, as a security for the due payment of all dues and due observance of all regulations estab- lished, enacted, or authorised by this Ordinance.

XIII. THAT any person who shall to row or cause to be thrown

out of any ship, vessel, or boat, in any port, harbour, or anchorage of this colony, any ballast or other rubbish into the water, or below high-water mark ; or who shall remove or take away from any part of any such port, harbour, or anchorage, any sand, stone, or ballast, without having first obtained the consent of the Harbour Master thereof, shalrforfeit and pay a sum not exceeding fifty pounds.

XIV.

18th Viet. No. 15.

1855.

XIV. THAT the corpse of any person dying on board any ship

or vessel in any port, harbour, or anchorage of this colony, shall be carried on shore, and interred in a lawful and accustomed burial ground, and if any corpse shall be thrown overboard within the pre- cincts of any of the ports, harbours, or anchorages of this colony, the master or commander of the ship or vessel from which such corpse shall have been removed, shall forfeit and pay a sum not exceeding twenty-five pounds.

XV.

THAT any person who shall wilfully remove, injure, or remove any buoy, beacon, or seamark used for the convenience of navigation, or security of shipping, shall forfeit and pay a sum not exceeding fifty pounds.

XVI. THAT any person who shall, without permission from the

Harbor Master, make fast any ship, vessel, boat, raft, timber, or any other article to any such buoy, beacon, or seamark as aforesaid, shall forfeit and pay a sum not exceeding ten pounds.

XVII. THAT any person who shall oppose or obstruct the exe-

cution on board any ship or vessel in or off any of the ports, harbours or anchorages of this colony, of any warrant or other legal process, shall forfeit and pay a sum not exceeding fifty pounds; but in case such opposition or obstruction shall appear to the Justice or Justices of the Peace before whom the information shall have been laid, to be accompanied by any circumstances of aggravation, it shall be lawful for such Justice or Justices to commit the offender for trial at the next Quarter Sessions of the Peace; or to take sufficient bail for the appearance of such offender to take his trial at the said Sessions; and in case such offender shall be thereat convicted of an aggravated act of such obstruction or opposition as aforesasd, he shall suffer such punishment by fine not exceeding one hundred pounds, or by im- prisonment for any period not exceeding six months, as to the said Court of Quarter Sessions shall seem meet.

XVIII. THAT no seaman forming part of the crew of any ship

or vessel shall be arrested on account of any debt of less amount than ten pounds, unless he shall have engaged himself as such while re- sident in this colony.

XIX.	THAT every Publican or other person, who shall know- knowingly

1855. 18th Viet. No. 15.

ingly harbour or conceal, directly or indirectly, any seaman belong-Penalty for harbouring

ing to any ship or vessel in any of the ports or harbours aforesaid, "Y Descriers.

being absent without leave of the master thereof, or deserting from his duty, shall forfeit and pay, for every seaman so harboured or con- cealed, any sum not exceeding twenty pounds.

XX. THAT every Master or Commander of any private or mer- Ditto for engaging.

chant ship or vessel, who shall hire or engage to serve on board such ship or vessel, any seaman or other person, who shall, to the know- ledge of such Master or Commander, have deserted from any other ship or vessel then being in any of the said ports or harbours, shall, on conviction thereof, forfeit and pay, for every seaman, or other person so hired orengaged, any sum not exceeding ten pounds.

XXI. THAT if any Master or Commander of any vessel shall

interfere with any Harbour Master or Pilot, in the execution of his duty in regard to such vessel, so as to resist or impede him in the proper performance thereof, such Master or Commander shall, for every such offence, forfeit and pay any sum not exceeding twenty pounds.

XXII. THAT all forfeitures and penalties imposed by this Ordi-

nance may be recovered by summary conviction before any two or

More Justices of the Peace.

XXIII. THAT sections A, D, and F, of the Shortening Ordinance,

1853, shall be, and the same are hereby incorporated with this

Ordinance.

XXIV. THAT if any fine imposed under this Ordinance shall ex-

ceed ten pounds, or the imprisonment adjudged shall exceed one month, and that the person convicted shall consider himself aggrieved by such conviction, such person may appeal therefrom to the next Court of Quarter Sessions, which Court shall hear and determine the matters of such appeal, and shall make such order therein in affirmance or reversal of the conviction appealed from, with or with- out costs to either party as the said Court shall seem meet, and shall enforce such order as they make by distress and sale of the goods and chattels of any p°,1:.son neglecting or refusing to obey such order,

or by imprisonment of such person, to be kept to hard labour for any

time,

18th Viet. No, 15.

1855,

time, not exceeding six calendar months. Provided always that the person so appealing shall give notice thereof to the convicting Justi- ces, within three days next after conviction, and shall deposit with them the sum of twenty-five pounds, or enter into a recognizance with two sureties for the purpose of securing payment of the costs of such appeal.

XXV. THAT it shall be lawful for the Governor to direct that

any such bond as aforesaid shall be put in suit for the benefit of any private person who shall consider himself aggrieved by any act com- mitted contrary to the provisions of this Ordinance.

XXVI. THAT no proceedings upon such bond as aforesaid shall

be had against the surety or sureties iu such bond, unless the same be commenced within six calendar months after the departure of the respective ship or vessel; and that any summary conviction under this Ordinance followed by payment of the costs and fine thereby im- posed, shall be a bar to any proceedings on such bond for the same offence.

XXVII. THAT this Ordinance may he cited as "the Shipping

and Pilotage Consolidation Ordinance, 1855."

CHARLES FITZGERALD,

GOVERNOR AND COMMANDER-IN CHIEF.

Passed the Legislative Council 1

this26th day of April,1855.)

A. O'GRADY LEFROY,

Clerk of the Council.

SCHEDULES

1855. 18th Viet. No. 15.

Schedules referred to by the annexed Ordinance.

HARBOUR MASTER'S DUES.

Removal from Gage's Roads into Owen's Anchorage, or Cock- burn Sound, and from Cockburn Sound into Gage's Roads, or Owen's Anchorage, or from Owen's Anchorage into Cockburn Sound or Gage's Roads, across the Banks.

11.

Under -.	under	under	under	under	udder
8 ft.	9 ft.	10 ft.	11 ft.	12 ft.	13 ft.

2/ 5s Od.

21 lOs Ocl.

2/ 15s Od.

3/ Os Od.

31 Ss Od.

4/ Os Od.

under

and

14 ft.

15 ft.

16 ft.

17 ft.

18 ft.

upwards.

4/ 7s Od.

41 14s Ocl.

51 is Od.

61 6s. Od.

6/ 15s Ocl.

71 4s Ocl.

Removal from Gage's Roads 'nto Cockburn Sound or Owen's

Anchorage; or from Owens Anchorage into Cookburn Sound, and

vice versa, round the Stragglers, or through the passages South of the

Stragglers :—

Under

under

ft.

9 ft.

10 ft.

11 ft.

12 ft.

13 ft.

3/ lOs Od.

31 15s Ocl.

4/ Os Od.

415s Ocl.

41 lOs Od.

51 5s Ocl.

under	under	under	under	under	under
14 ft.	15 ft.	16 ft.	17 ft.	18 ft.	19 ft.

5/ 12s Od

51 192 Od.

61 6s Ocl.

71 lb Od.

81 Os Od.

81 9s Od.

121

under

and

20 ft.

21 ft.

22 ft.

23 ft.

upwards.

9/ 7s Od.

1 101 Os Od.

101 lOs On. 1111 Os Od.

121 Os Od.

Shifting

18th Viet. No. 15.

1855.

Shifting Berth in Harbour or Anchorage:—

Not exceeding 200 tons not exceeding 400 tons not exceeding 600 tons

ll Os Od.

11 10s Od.

21 Os Od.

not exceeding 800 tons

exceeding 800 tons,

21 lOs Od.

31 Os Od.

PILOTAGE DUES.

Into Gage's Roads, or Owen's Anchorage, by passage North or

South of Rottnest and North of Stragglers, and vice versa.

Under

under

8 ft.

9 ft.

10 ft.

11 ft.

12 ft •

13 ft.

:a 10s Od.

2/ 15s Od.

3/ Os Od.

31 5s Ocl.

31 lOs Ocl.

41 5s Od.

under	under	under	under	under	under
14 ft.	15 ft.	16 ft.	17 ft.	18 ft.	19 ft.

4/ 12s Od.

4119s Od.

516s Od.

611 s Od.

71 Os Od.

71 is Od.

under

and

20 ft.

21 ft.

22 ft.

23 ft.

upwards.

71 19s Od.

9/ Os Ocl.

9/ 10s Od.

101 Os Ocl.

111 Os Od.

Into

1855. 18th Viet. No. 15.

Into Gage's Roads, or Owen's Anchorage, or Cockburn Sound

by any channel South of the Stragglers, and tile° Vend.

Under	under	under	under	under	under
8 ft.	9 ft.	10 ft.	11 ft.	12 ft.	13 ft.

3l lOs Od.

3/ las Orl.

41 Os Od.

415s Od.

41 10s Od.

51 5s Od

under	under	under	under	under	under
14 ft.	15 ft.	16 ft._	17 ft.	18 ft.	19 ft.

51 12s Od

5l 19s Od.

61 6s Od.

71 Us Od.

8/ Os Od.

81 9s Od.

2021

under

and

20 ft.

21 ft.

22 ft.

23 ft.

upwards.

9l 7s Od.

101 Os Od.

102 10s On. 1 111 Os Od.

121 Os Od.

Into King George's Sound. from the sea, and vice versd.

Under

under

10 ft.

ft.

12 ft .

13 ft.

14 ft.

15 ft.

2/ Os Od.

2/ 4s Od.

2l 8s Od

21 15s Od.

3l Os Od.

315s Od.

under	under	under	under	under	under
16 ft.	17 ft.	18 ft.	19 ft.	20 ft.	21 ft.

3/10s Od.

3/ 15s Od.

4/ Os Od.

4/ 53 Od.

4/ lOs Od.

41 15s Od.

I and I

upwards. I

51 Os Od.

18th Viet. No. 15.

1855.

Into Princess Royal Harbour, including the navigation of the Sound, and vice versa.

TJnder	under	under	under	under	under
8 ft.	9 ft.	10 ft.	11 ft.	12 ft.	13 ft.

21 Os Od.

21 Ss Od.

2/ 103 Od.

21 15s Od.

31 Os Od.

31 5s Od.

under	under	under	under	under	under
14 ft.	15 ft.	16 ft.	17 ft.	18 ft.	19 ft.

3/ lOs Od. 3/ 153 Od.

41 Os Od.

41 5s. Od.

41 108 Od. 4/ 15s Od.

under

and

20 ft.

21 ft.

nuts ards.

51 12s Od.

51 18s Od.

616s Od.

Into Oyster Harbour, including the navigation of the Sound, and

vice versa.

Under

8 ft.	under	under	under	under	under
9 ft.	10 ft.	11 ft.	12 ft.	13 ft.

2/ Os Od.

2/ 5s Od.

21 10s Od.

2/ 15s Od.

31 0s Od.

31 Os Od.

13 and

I	upwards. 31 10,90d.

For moving from one Barbour to another in King George's Sound, one half of the Pilotage for the harbour into which the vessel is moved, will be charged.

Into Port-Gregory, and vice versa.

Under

under

und

under

ft.

9 ft.

10 ft.

11 ft.

12 ft.

13 ft.

1/ Is Od

11 4s Od.

117s Od.

11 lOs Od.

11 13s Od.

II 16s Od.

under

and

4 ft.

upwards

11 19s Od.

2/ 2s Od.

1855. 18th Viet. No. 15.

LIGHT DUES,

Two pence per Ton each way.

TONNAGE DUES,

Sixpence per Ton one wag.

FORM

18th Viet. No. 15.

1855.

Form of Bond referred to by the annexed Ordinance.

Know all men by these present, that we, AB,

, master

or commander of the ship or vessel

, now lying in the

Port of

, in the colony of Western Australia, and CD,

, of	, in the said colany, are held and

firmly bound to EF said port. in the sum of one hundred pounds of lawful money, current, Collector of Customs of the afore-

in the said colony, to be paid to the said EF, or his certain attorne, or his successor for the time being in the said office of Collector, for which payment, well and truly to be made, we jointly and severally bind ourselves, our executors and administrators, firmly by these pre-

sents. Sealed with our seals and dated the

day of

The condition of the above written bond is such, that if the said AB

, shall well and truly pay and discharge, observe

and obey all and every the Pilotage and other dues, requisitions, pro- hibitions, rules, and regulations, respectively imposed, contained or authorised in and by the Shipping and Pilotage Consolidation Ordi- nance, 1855, then this bond shall be null and void, but otherwise shall be in full force and effect.

Sealed, signed, and delivered by the abovel

A. B. (L.s.)

named AB and CD in the presence of

C. D. (L.s.)

Printed by authority of the Government, by E. Stirling, Perth.