Steam Navigation Act 1850 No 32a (NSW)

No. XXXII.

An Act to extend the provisions of an Act passed in the eleventh year of the reign of Her pre­ sent Majesty intituled " An Act for the regula-

re ign of H e r present Majesty Queen Victor ia in t i tu led " An Act for the " regulation of Steam Navigation and for requiring sea-going Vessels to " carry Boats " cer ta in provisions were made for t h e inspection and be t te r regula t ion of sea-going s teamboats and other vessels car ry ing pas­ sengers and for p reven t ing the occurrence of accidents in Steam Navi­ gation and for requ i r ing sea-going vessels to carry boats A n d whereas t h e provisions contained in t he said Act have been found beneficial to t he publ ic and i t is deemed necessary to extend the same and to m a k e pro­ vision for such vessels as m a y be employed in nav iga t ing the harbours r ivers and inland waters of t he said Colony Be it therefore enacted by H i s Excel lency t h e Governor of N e w South Wales wi th t he advice and consent of t h e Legislat ive Council thereof Tha t from and after t he pass ing

" Hon of Steam Navigation and for requiring " sea-going Vessels to carry Boats' to all Steam

Vessels. [1st October, 1850.]

WH E R E A S by a cer tain A c t of t h e Governor and Council of New South Wales passed in t he e leventh year of t he

Legislat ive

pass ing of th i s Ac t all s team vessels of whatsoever tonnage employed in nav iga t ing any ha rbour r iver or in land water or in t he conveyance of passengers or goods wi th in the Colony of N e w South Wales shall be amenable to t he provisions of t he said reci ted Ac t so far as t he same m a y apply and also to such o ther regula t ions as are by th is Act provided.

2. A n d be i t enacted Tha t it shall be lawful for the Governor of t h e said Colony to nomina te and appoint in any por t ha rbour or distr ict to which the provisions of this Ac t shall be extended any n u m b e r of persons not exceeding the n u m b e r of five who when so appoin ted shall form a Board and shall have full power and au thor i ty to act in and do all such ma t t e r s and th ings as are provided for in and by t h e said reci ted Act and to g ran t and refuse all certificates and licenses to such s team vessels as shall be p ly ing in and from any ports ha rbours r ivers or in land waters wi th in t he district to which such Board shall have been appointed Provided always t ha t a second certificate or license shall not be required in any case where a certificate or license shall have been gran ted by any other author ized Board and shall still r emain in force.
3. A n d be i t enacted That it shall be lawful for t he said Governor to extend th is A c t to such par t s and places in t he Colony of New South Wales and its Dependencies as he from t ime to t ime shall t h ink fit by Proc lamat ion in t h e New South Wales Government Gazette and all powers and authori t ies which may at the t ime of such Proc lamat ion be vested in t he Sydney Board by v i r tue of t h e said reci ted Act shall cease and de termine so far as t h e same may apply to vessels employed in naviga t ing the waters in t he distr ict to which such Proc lamat ion shall apply and shall vest in such Distr ic t Board as shall be appoin ted for t ha t purpose as aforesaid.

4.    A n d be it enacted Tha t all s team vessels p ly ing in t he ha rbours

r ivers or in land waters in t he Colony of N e w South Wales shall not be ent i t led to ply for t he conveyance of passengers goods or otherwise unless the owner or mas te r thereof shall have first obtained a certificate or license from t h e Board appointed for t ha t purpose for t h e district in which such vessel is in tended to ply which certificate or license the said Board is hereby author ized to give and which certificate or license shall be in t he form marked A and B to th is Act annexed and shall be in force for t he space of three mon ths from the date of g ran t ing the same and shall be renewable on such t e rms and conditions as are here­

first obtained such license or certificate as aforesaid shall for every day	shall ply his vessel or carry any passengers or goods wi thout hav ing	inafter provided and any owner or mas te r of any steam vessel who
such vessel shall be so employed forfeit and pay a penal ty not exceed­ ing t en pounds .
5. A n d be it enacted Tha t before any certificate or license be g ran ted or renewed it shall be proved to t he satisfaction of such Board t h a t t he vessel so requi r ing a license or certificate is in every way t ight and s tanch t h a t t h e engines and boilers are in safe and work ing condi­ t ion and t h a t t he vessel is in every way sui table for t he purposes for which i t is required Provided always t h a t th is quar te r ly survey shall only be applicable to such vessels as are propelled by h igh pressure engines t h e half-yearly survey and certificate being deemed sufficient for those propelled by low pressure engines.
6. A n d be it enacted That the owner or master of any s team vessel whether employed in t h e coast ing t rade or in the navigat ion of t h e ha rbours r ivers or in land waters of New South Wales and its Depen­ dencies shall produce to the Board previous to obta in ing a certificate or license a certificate made by some competent ship bui lder as also one from some competent engineer (who shall first have been approved of

by

by t h e Board) t he same to be verified by solemn declarat ion before a Jus t i ce of t h e Peace which certificates shall be respectively in t h e forms to th i s A c t annexed marked C and D to t he effect t h a t he has duly surveyed t h e vessel and machinery as t he case m a y be and t h a t t he same are in his opinion safe a n d sufficient for t h e purpose for which they are required.

7. A n d be i t enacted Tha t any person wilfully m a k i n g a false

declarat ion or g iv ing a false certificate of survey shall be gui l ty of a misdemeanor and be ing thereof lawfully convicted before any Cour t of competent jur isdic t ion shall suffer such p u n i s h m e n t by fine and impr i sonment as t h e Cour t or J u d g e before whom the convict ion t akes place m a y award.

8. A n d be it enacted Tha t all fines penal t ies and forfeitures imposed by th is Act shall be recovered and levied in the same m a n n e r and form as is directed in and by the said reci ted Ac t and shall be appropr ia ted as follows t h a t is to say one moiety thereof to H e r Majesty H e r H e i r s and Successors for t he publ ic uses of t he said Colony and in suppor t of the Government thereof and shall be applied in such m a n n e r as may be from t ime to t ime directed by any Acts of t h e said Governor and Legislat ive Council and the o ther moiety to t h e use of t h e informer or pa r ty prosecut ing who shall also be ent i t led to his or her costs a n d charges over and above such fines penal t ies and forfeitures to be ascertained and assessed by the Jus t ices before w h o m the case is heard and t h e informer or pa r ty prosecut ing unde r th i s or t h e said recited Act shall in all cases be deemed and t aken and is hereby declared to be a competent witness .

S C H E D U L E S	R E F E R R E D	TO.
A.

Certificate of Registry of Declaration.

W E hereby certify that we have this day registered the declarations of Messrs. and

of the sufficiency and good condition of the hull and machinery of

the Steam Vessel	under the provisions of the Act of Council 1 1
Victoria No. 3 and 1 4 Victoria No. 32.

B.

River License for Steam Vessels under the Act of Council 14 Victoria No. 32.

I T having been proved to the satisfaction of the undersigned that the Steam Vessel

of the burthen of tons and of horse power

and at present employed in is together with her engines flues

and boilers in good and safe condition and fit for the conveyance of passengers and goods.

We have this day granted this our license to be in force for a period of

months and the said Steam Vessel is hereby duly licensed accordingly.

Given under our hands at this day of

1 8               .

c.

Ship Builder's Certificate.

I of Sydney ship builder duly approved by the Board appointed

under the provisions of the Acts of Council 1 1 Victoria No. 3 and 1 4 Victoria No. 32 to survey and examine the hull of the Steam Vessel at present employed in

(here state whether the vessel is employed in the coasting trade or in river or harbour naviga­

tion) and of the burthen of tons and engine of power

do solemnly and sincerely declare that on the day of I. carefully examined and surveyed the above named Steam Vessel and that I found the same to be strong stanch seaworthy and in every way fit and sufficient for the purposes for which she is stated to be employed in and I further declare that the said vessel was (here state whether aground or afloat at the time of survey) at the time 1 so examined her And I make this solemn declaration conscientiously believing the same to be true and without fear favor or affection without having any interest either directly or indirectly in the aforesaid vessel and in conformity with the provisions of an Act of Council 9 Victoria No. 9 intituled " An Art

"for the more effectual abolition of Oaths awl Affirmations taken and made in various Depart-

" ments of the Government of New South	Wales awl to substitute Declarations in lieu,
" thereof and for the suppression of voluntary and extra-judicial Oaths and	Affidavits."

Taken and declared before me at this

day of

A.D. 1 8 5 .

J . P .

D.

Engineer's Certificate.

I of Sydney engineer duly approved by the Board appointed

under the provisions of the Acts of Council 1 1 Vict. No. 3 and 1 4 Vict. No. 32 to survey and examine the engines flues and boilers of the Steam Vessel at present employed in (here state whether the vessel is employed in the coasting trade or in river or harbour navigation") the same being pressure engines of horse power do solemnly and sincerely declare that on the day of I carefully examined the engines flues and boilers of the above named vessel the same being at the time in working order and steam up that I have tested the pressure of steam in the boiler to the weight of pounds on the square inch and that I have found the engines flues and boilers in good sound safe and working order and in every way sufficient for the purposes for which they are required And 1 make this solemn declaration conscientiously believing the same to be true and without fear favor or affection having no interest either directly or indirectly in the aforesaid vessel and in conformity with an Act of the Governor and Legislative Council of the 9th Vict. No. 0 intituled " An Act for the more effectual " abolition of Oaths and Affirmations taken and made in various Departments of the Govern- " merit of New South Wales and to substitute Declarations in lieu thereof and for the sup-

"pression of voluntary and extra-judical Oaths and Affidavits."

Taken and declared before me at