No. III.
An Act for the regulation of Steam Navigation and for requiring Sea-going Vessels to carry Boats. [24th July, 1847.]
| WH E R E A S it is expedient to provide for t h e inspect ion and bet ter | passengers and for p reven t ing the occurrence; of accidents (as far as |
| regu la t ion of sea-going s team boats and o ther vessels | ca r ry ing |
| m a y be possible) in s t eam naviga t ion and for r equ i r ing | sea-going |
vessels to carry boats A n d whereas i t is necessary t h a t a Board of competent persons should be appointed to carry out t h e provisions requis i te for such purposes Be it enacted by H i s Excel lency t h e Governor of N e w South Wales by and wi th t he advice and consent of t h e Legis la t ive Council thereof Tha t it shall and m a y be lawful for t h e Governor of t he said Colony to nomina te and appoin t any n u m b e r of persons n o t exceeding live of w h o m th ree shall be a q u o r u m wi th power to act t o const i tu te and be a Board for t he inspection and regula t ion of sea-going s team and o ther vessels ca r ry ing passengers in a n d from the said Colony and the said persons or any of t h e m to remove and displace from t i m e to t ime and to appoint ano ther or o thers in his or the i r stead and t h a t t h e said Board when so appointed shall have full power and au tho r i t y to carry out t he provisions of th is Act .
| room by ano ther of such par t i t ions . |
2. A n d be i t enacted Tha t all s team vessels bui l t in th is Colony of i ron of one h u n d r e d tons bu rden or upwards t he bu i ld ing of which shall be commenced after t he pass ing of th is Act shall be divided by t ransverse wate r - t igh t par t i t ions so t h a t t he fore pa r t of t h e vessel shall be separa ted from the engine room by one of such par t i t ions and so t h a t t h e after p a r t of such vessel shall be separa ted from the engine
3. A n d be i t enac ted Tha t from a n d after t h e first day of J a n u a r y one thousand eight hund red a n d forty-eight no vessel t he t onnage of which shall be one h u n d r e d tons or upwards shall proceed to sea from any por t whatsoever in th i s Colony unless i t shall be pro vided wi th boats duly supplied wi th al l requis i tes for the i r uses a n d
| no t be ing fewer | in n u m b e r no r | less in the i r | dimensions t h a n | t h e |
| n u m b e r and dimensions set opposite to t h e l imi ts of dimension in | t h e |
| table annexed | Provided t h a t t h e said l imi ts of dimension be not con |
| sidered applicable to vessels engaged in t h e wha le fishery and t h a t | no |
| vessel ca r ry ing more t h a n t en passengers shall proceed to sea on | any |
| voyage unless in addi t ion to t h e boa ts hereinbefore requ i red i t | shall |
| be provided wi th a boat fitted u p as a life boa t w i th all requis i tes | for |
| i t s use toge ther w i th two life buoys . |
4. A n d be i t enacted Tha t every s teamer t he bu i ld ing of which in t h i s Colony shal l be commenced after t h e pass ing of th i s A c t a n d which shal l proceed to sea wi th passengers shal l in addi t ion to t h e boats specified in t he foregoing tab le a n d in l ieu of a boat fitted u p as a life boat be provided ei ther w i t h such boats as are usual ly called paddle-box boats or wi th such o ther boats as may be directed in l ieu thereof by the Board hereinbefore ment ioned .
5. A n d be i t enacted Tha t n o s team vessel of one h u n d r e d tons
b u r d e n or upwards shal l proceed to sea unless it shall be provided wi th a hose for t h e purpose of ex t ingu i sh ing fire capable of be ing con nected w i t h t he engines of t h e vessel.
| 6. A n d be i t enacted Tha t for t he purposes of th i s Act | t h e |
tonnage of vessels shal l be ascer ta ined according to t h e rules of admeasu remen t prescribed by a n y A c t of P a r l i a m e n t for t h e t ime in
| force r egu la t ing t h e admeasu remen t | of | t h e t onnage | and b u r d e n of | t h e |
| m e r c h a n t | ships | of | t h e | U n i t e d | K ingdom. |
7. A n d be i t enac ted Tha t if any such s team vessel as aforesaid
proceed to sea wi thou t be ing provided wi th such hose as aforesaid or
be ing an i ron s team vessel commenced to be bui l t i n th is Colony after
| the pass ing of th i s Ac t w i t h o u t be ing so divided as aforesaid | or if | any |
s team or o the r vessel of one h u n d r e d tons bu rden or upwards proceed to sea wi thou t be ing so provided wi th boats as aforesaid or if any of such boats be lost or rendered useless in t h e course of t he voyage t h r o u g h the wilful fault or negl igence of t he owner or mas te r or if i n case of any such boats be ing accidental ly lost or in jured in t he course of t h e voyage the mas t e r or o the r person hav ing charge of t h e vessel
| wilfully neglect to replace or repa i r t h e same on t h e | first | convenient |
| oppor tun i ty t h e n and in every case whe re t h e owner | shal l appear | to |
be in fault he shal l forfeit a s u m n o t exceeding one h u n d r e d pounds a n d in every case where t h e mas te r or o the r person hav ing charge of t h e vessel shal l appear to be in fault he shal l forfeit a sum not exceed ing fifty pounds .
8. A n d be i t enacted T h a t i t shall no t be lawful for any Officer of Cus toms to clear ou t any such s team vessel as aforesaid for any voyage to any por t wi th in t h e said Colony or to o ther pa r t s beyond t h e seas wi thou t be ing provided w i t h such hose as aforesaid or be ing an i ron s team vessel commenced to be bu i l t in th i s Colony after t h e pass ing of th i s Ac t w i thou t be ing so divided as aforesaid nor to clear out any s team or o ther vessel of one h u n d r e d tons b u r d e n or upwards for any such voyage unless t h e same be provided wi th such boats as hereinbefore are requi red .
| 9. A n d be i t enacted | T h a t every s t eam vessel when mee t ing or |
pass ing any other s team vessel shal l pass as far as m a y be safe on t h e por t side of such o ther vessel and every s t eam vessel naviga t ing any r iver or na r row channel shal l keep as far as is pract icable to t h a t side of t h e fair-way or mid-channe l of such r iver or channel which lies on
t he
t he s ta rboard side of such vessel due r ega rd being h a d to t he t ide a n d to t h e posi t ion of each vessel in such t ide a n d the mas te r or o ther per son hav ing t h e charge of any such s team vessel and neglect ing to observe these regula t ions or e i ther of t h e m shal l for each and every ins tance of neglect forfeit and pay a s u m not exceeding fifty pounds .
| 10. A n d be i t enacted | Tha t t h e Board hereinbefore men t ioned |
| may from | t i m e | to t i m e | m a k e regula t ions | r equ i r i ng t h e exhib i t ion | of |
| such l igh t s by s team vessels | in such m a n n e r | and unde r | such c i rcum |
stances as t h e said Board m a y t h i n k fit and m a y from t ime to t ime m a k e any other regula t ions revoking or a l t e r ing any previous regula t ions Provided t h a t such regula t ions shal l no t be inconsis tent wi th th i s Ac t and before coming in to force shall be subject to t h e approva l
| of H i s Excel lency t h e | Governor . |
1 1 . A n d be i t enacted Tha t t he said Board shall cause such
| regu la t ions as soon as convenient ly | m a y be after t h e same | shall have |
been m a d e to be publ i shed in four successive Government Gazettes and the same shall be deemed to be in force after t h e exp i ra t ion of one m o n t h from the da te of t he first of such publ icat ions un t i l t he same
| shall have been al tered or revoked | a n d un t i l t h e expi ra t ion of one |
| m o n t h after such | a l tera t ion or revocation shall have been twice pub |
| l ished in l ike m a n n e r as | aforesaid. |
| 12. A n d be i t enacted | Tha t t h e mas te r or o ther person hav ing |
t h e charge of any s team vessel which shall be in any r iver or na r row channel in New South Wales or t h e adjacent I s lands be ing wi th in t he said Colony or upon the sea wi th in t w e n t y miles of any p a r t of the coast of t h e said Colony shall whe the r unde r weigh or at anchor between sunset and sunrise exhibi t such l ights wi th in such places in such m a n n e r and unde r such c i rcumstances as by t h e said regula t ions hereinbefore author ized to be m a d e by t h e said Board shall be required and in default thereof shall forfeit and pay a s u m no t exceeding twen ty pounds for every n i g h t in which such default shal l be made and t h e owner of any s team vessel in which such l ight shall n o t be exhibi ted as aforesaid shal l no t be enti t led to recover any recompense or damage whatsoever which may be sus ta ined by such vessel in consequence of
| any o ther vessel r u n n i n g foul thereof du r ing the | n igh t . |
| 13 . A n d be i t enacted Tha t if any damage to any person or p rope r ty shall be sustained in consequence of t he non-observance as respects any s team vessel of t he rules conta ined in t h e two enac tmen t s relat ive to t h e pass ing of s team vessels and to t h e exhib i t ing of l ights hereinbefore conta ined t h e same shall in all Cour ts of Jus t i ce be deemed | in t h e absence of proof to t h e cont ra ry to have been occasioned by the | wilful default of t h e mas te r or oilier person hav ing t h e charge of such |
| s team vessel a n d such mas te r or other person shal l be subject in all proceedings whe the r civil or c r imina l to the legal consequences of such wilful default . |
1 1 . A n d be it enacted Tha t on or before t he th i r t i e th day of Apr i l
and t h e thir ty-f i rs t day of October in every year t he owners of every steam vessel shal l t r ansmi t to the said Board t he two following declara t ions in wr i t ing t h a t is to s ay—Fi r s t a declarat ion of t he sufficiency and good condit ion of t he hul l of such s teamer unde r t h e h a n d of a sh ipwright surveyor to be approved by the said Board—Second a de c lara t ion of t he sufficiency and good condit ion of t h e mach inery of such s team vessel under the h a n d of an engineer to be approved in l ike m a n n e r by the said Board such declarat ions bear ing date of some day in t h e said m o n t h s of Apr i l or October respectively A n d the said Board shal l register such declarat ions and shall t r ansmi t to t h e owners of such s team vessels respectively certificates u n d e r the h a n d of two or more of the said Board of the regis t ry of such declarat ions Provided always t h a t if the owners of any such vessel shall certify to t h e said
Board
| Board t h a t such vessel has been | d u r i n g | t h e | whole | of such m o n t h of |
A p r i l or October respectively a n d still is in foreign par t s so t h a t i t is impossible to obta in t h e declara t ions hereinbefore required bea r ing date as is hereinbefore prescribed and shal l a t t he same t i m e t r a n s m i t t o t he said Board t h e declarat ions hereinbefore requi red bear ing date of a day no t be ing more t h a n seven days before such vessel last sailed or departed from any por t of t h e said Colony t h e n and in every such case t he said Board shal l regis ter such declarat ions and shal l t r ansmi t to t he owners of such las t men t ioned s team vessels respect ively certificates of t h e regis t ry of such declarat ions Provided never theless t h a t th i s enact m e n t shal l no t ex tend or app ly to any s team vessels so employed as hereinbefore men t ioned d u r i n g t h e con t inuance of such employment ( tha t is to say) whils t employed in t h e Roya l Ma i l Service or t h e con veyance of t h e Royal Pub l i c Mai ls or Despatches u n d e r contract w i t h
| and | u n d e r t h e | super in tendence | of t h e | Lord | H i g h | A d m i r a l | or | t h e |
| Commissioners | for execut ing t h e office of Lord H i g h Admira l . |
1 5 . A n d whereas i t m a y happen t h a t by reason of a s team vessel
| or t h e mach ine ry thereof | be ing | u n d e r repai r du r ing e i ther of | t h e | said |
| m o n t h s of Apr i l | or | October | i t | m a y | be | imprac t icab le to m a k e | such |
declarat ions as a re hereinbefore required in ei ther of t h e said m o n t h s Be i t enacted T h a t i n such case it shall be lawful for t h e owners of such s team vessels a t any t ime to m a k e a representa t ion to t ha t effect
| t o | t h e said Board and to t r ansmi t the rewi th such declarat ions as | a re |
| hereinbefore | requi red and | it | shal l be t h e r e u p o n lawful for | t h e | said |
| Board if they shal l be satisfied of t h e t r u t h of such representa t ion | t o |
| regis ter such declarat ions no tw i th s t and ing they shall no t bear da te | in |
| e i ther of t h e m o n t h s of Apr i l or October | and | t h e | said Board | shall |
t r a n s m i t t o t h e owners of such s team vessels certificates of t h e regis t ry thereof in m a n n e r hereinbefore provided and such certificates shal l have t h e l ike force a n d effect and be used for all t h e same pur
| poses and in t h e same m a n n e r as if t h e said certificates referred | to |
| declarat ions m a d e in e i ther of | t h e said m o n t h s of | Apr i l or | October. |
| 16. | A n d be it enacted | T h a t from | a n d after t h e th i r t i e th day of |
J u n e one thousand e ight h u n d r e d and forty-eight it shall no t be lawful for any s team vessel except as is las t ly hereinbefore excepted to proceed to sea unless t h e owner thereof shal l have duly t r ansmi t t ed to the Board such declarat ions a n d shal l have received from t h e Board such certificates of t he regis t ry thereof as hereinbefore is ment ioned a n d tha t i t shall no t be lawful for any Officer of H e r Majesty 's Cus toms or P o r t Officer t o clear out any s team vessel ca r ry ing passengers for
| any voyage to any por t w i th in the said Colony or to p a r t s beyond t h e |
seas unless upon the p roduc t ion of t h e certificate of t h e regis t ry of the declara t ions which shal l mos t recent ly have been m a d e in respect of such s team vessel a n d unless such declarat ions shall have been so made wi th in six calendar m o n t h s of the appl icat ion for clearance.
17. A n d be i t enac ted Tha t if any s team vessel proceed to sea w i t h passengers t h e owner whereof has no t duly t r ansmi t t ed to t h e said Board such declarat ions and received from t h e said Board such certificates of t h e regis t ry of such declarat ions as hereinbefore is men t ioned the owner of such s team vessel shall forfeit a s u m not
| exceeding | one h u n d r e d | pounds . |
18. A n d be i t enacted Tha t any person who shal l knowing ly or wilfully m a k e or assist in m a k i n g a false or f raudulent declara t ion or certificate or who shal l knowing ly or wilfully forge counterfeit or f raudulent ly al ter or shall aid a n d assist in forging counterfei t ing or
| f raudulent ly | a l t e r ing or who | shal l | a t t e m p t | to | forge | counterfeit | or |
f raudulent ly a l te r any declarat ion or certificate provided for by th i s A c t or any words or figures in any such declarat ion or certificate he shall be deemed to be gui l ty of a misdemeanor .
19. A n d be i t enacted Tha t whenever any s team vessel shall
have sustained or caused any serious accident occasioning loss of life or p roper ty or received any mater ia l damage affecting her sea-worthiness e i ther in he r hu l l or her engine by g round ing or by collision wi th any other vessel or by any o ther means t he mas t e r or o ther person hav ing t h e cha rge of such vessel shall as soon as convenient ly may be t r ansmi t t h r o u g h t h e Post Office by le t ter addressed to t he said Board and s igned by such mas t e r or o ther person a report of such accident or damage and t h e probable occasion thereof s t a t ing there in t he n a m e of t h e vessel t he po r t to which she belongs and t h e place where she is in order t h a t t h e Board may if they th ink fit invest igate t he m a t t e r and should t h e owner or owners of any s team vessel from her non-appear ance or otherwise have reason to apprehend t h a t such s team vessel is wholly lost he or they shall as soon as convenient ly m a y be in like m a n n e r send not ice thereof to t he Board and every owner mas te r or such o ther person as aforesaid who shal l neglect to send such notice as hereby is requ i red wi th in a reasonable t ime after any such accident shal l have happened shall for every such offence forfeit and pay a s u m
| no t exceeding f i f ty | pounds . |
20. A n d be i t enacted Tha t whenever any s team vessel shall
have susta ined or caused any serious accident occasioning loss of life or p roper ty or received any mate r ia l damage affecting he r sea-worthiness e i ther in her hu l l or her engine by g round ing or by collision wi th any o ther vessel or by any other means i t shall be lawful for the Governor of t h e said Colony a t t he reques t of t h e said Board to appoin t any proper person or persons as Inspec tor or Inspec tors to inqu i re in to a n d t o repor t upon such accident and it shall be lawful for every person so author ized a t all reasonable t imes upon produc ing his au tho r i t y if required to go on board and inspect any such s team vessel and t h e machinery thereof and every p a r t thereof respectively no t de ta in ing or delaying the vessel from proceeding on he r voyage and to m a k e such inquir ies as to t h e n a t u r e c i rcumstances and causes of such
| accident as he or t hey m a y t h i n k | fit. |
| 2 1 . | A n d be it enacted | Tha t t h e said Inspec to r s or any of t h e m |
shal l be and they are hereby empowered by summons unde r the i r or his hands or h a n d to requ i re the a t t endance of all such persons as they or he shall t h i n k fit to call before t h e m or h i m upon any quest ion or m a t t e r connected wi th or r e la t ing to the execut ion of any of the powers and dut ies vested by th i s Act in t h e said Inspectors a n d also to m a k e
| inquir ies and | t o requi re answers or | r e t u r n s there to in re la t ion to any |
such m a t t e r s and for t he purpose aforesaid to adminis te r oaths and to examine all persons upon oa th and to requ i re and enforce t h e produc t ion u p o n oath of all log-books accounts agreements or o ther papers or wr i t ings in anywise re la t ing to every such m a t t e r as aforesaid or in l ieu of r equ i r ing or admin is te r ing an oa th t h a t the said Inspec tor or Inspectors may if he or they th ink fit requi re every such person to m a k e and subscribe a declarat ion of t he t r u t h of t he ma t t e r s respect ing w h i c h h e shall be or shall have been examined or in te r rogated P r o vided always t h a t no such person shall be requ i red in obedience to any such summons to t rave l more t h a n t en miles from his ac tua l abode a t t h e t ime of receiving such summons unless tender shall be made to h i m of such reasonable expenses in respect of his a t t endance to give evidence and his journeys to and from the place whe re he shall be requ i red to a t t end for t h a t purpose as would be allowed to any wi tness a t t end ing on subpoena to give evidence before any Cour t and in case of any d i spu te as to t h e amoun t of such expenses t he same shal l be referred by t h e Inspec tors to t he said Board who arc hereby required to ascer ta in a n d certify t h e proper a m o u n t of such expenses on a