The New South Wales Steam Navigation Act 1852 No 46a (NSW)

No. XLVI.

An Act to consolidate and amend the Laws relating to Steam Navigation and to the Boats and Lights to be carried and the Signals to be made by sea-going Vessels. [28th December, 1852.]

1. The Ac t of Council passed in t he e leventh year of t h e re ign of H e r present Majesty and numbered th ree and the Act of Council passed in t h e four teenth year of t he said reign and numbered th i r ty - two shall be repealed from the t ime when th is Ac t comes in to operat ion except as to any penal t ies or l iabil i ty to p u n i s h m e n t incurred there­ under and also except as to any certificates or licenses of s team vessels issued by the Boards respectively appointed by v i r tue of t h e provisions of

WH E R E A S an Ac t of Pa r l i amen t was passed in t he fifteenth of t h e re ign of H e r present Majesty in t i tu led "An Act to

year

"consolidate and amend the Laws relating to the regulation of Steam

" Navigation and, to the Boats and Lights to be carried by sea-going " Vessels " A n d whereas i t is expedient to assimilate t he laws of New South W a l e s respect ing S team Naviga t ion and to t he boats and l igh ts to be carried by sea-going vessels to t h e provisions contained in t he said A c t wi th such modifications and fur ther provisions as are here in contained Be it therefore enacted by H i s Excel lency t h e Governor of

New South W a l e s w i th t he advice and consent of t he	Legis la t ive
Council thereof as follows :—

of t he said two las t -ment ioned Ac t s or e i ther of t h e m which certificates
o r licenses unless t h e same be cancelled o r revoked u n d e r t h e provisions
of th i s Ac t shal l r emain and be in force as if th i s Act had been passed a n d h a d come in to operat ion before t he i s s u i n g thereof a n d they had been issued the reunder .

2. I t shal l be lawful for t h e Governor to nomina te and appoint

any n u m b e r of persons not exceeding five of w h o m three shall b e a q u o r u m wi th power to act as and to be a Board to be called " The N e w South W a l e s S team Naviga t ion Board " wi th full power to car ry out

t h e provisions of th i s Ac t and to fix t he a m o u n t of r emunera t ion to

be paid to t h e members of t he said Board respectively.

3 . I t shall be lawful for t he Governor to cons t i tu te and to

appoin t t he member s of any Local Board or Boards for any por t ha rbou r place o r distr ict in t h e said Colony a t or in which i t shall appear expedient to such Governor t h a t any such Local Board should be establ ished and every such Local Board shall consist of any n u m b e r of persons no t exceeding five three of whom or any less n u m b e r being a majori ty of such Board shall be a q u o r u m wi th power to act .

4. The provisions of this Ac t shall apply to t he N e w South

Wales S team Naviga t ion Board wi th in t he whole of t he said Colony and its dependencies except wi th in t h e local l imits for which such Local Board shall be const i tuted as aforesaid and w h e n any such Local Board shall be const i tu ted and appointed as aforesaid t h e n all t he provisions of th i s A c t shall wi th in t he local l imits for which such Local Board shall be so const i tuted and appointed as aforesaid apply to such Local Board or Boards respectively.

5. I t shall be lawful for such Governor to appoin t such secre­

tar ies officers clerks and servants as he may deem necessary to assist any Board or Boards to be appointed in pursuance of t h e provisions hereof in t he execut ion of th i s Act and such secretaries officers clerks and servants from t ime to t ime to remove as occasion m a y requ i re and
to appoint others in the i r room.

6. The N e w South Wales S team Naviga t ion Board shal l have

power to set t le and issue forms of t h e several documents which are requi red by th is Ac t or by any other A c t of Council re la t ing to S team

Naviga t ion and to al ter and vary such forms as they shal l t h i n k fit.

A n d wi th respect to t he provision to be made for i n su r ing the periodical survey of s team vessels Be it enacted as follows—

7. The owner of every s team vessel cons t ruc ted or in tended to

car ry passengers (except vessels employed in t he conveyance of t h e

Royal Pub l i c Mai ls or Despatches unde r contract w i t h and under t he

super in tendence of the Lord H i g h Admi ra l or t he Commissioners for execut ing t h e office of Lord H i g h Admira l and except also H e r Majesty 's ships of war ) shall cause such s team vessel t o be surveyed t w i c e a t least in every year w h e t h e r t he same be w o r k e d by h igh or by low pressure a t t h e t imes hereinafter directed by a sh ipwright surveyor and by an engineer surveyor appointed for t h e purposes of th i s Ac t by t he said Board and shall obta in a declarat ion of t h e sufficiency and good condi t ion of t he hu l l of such s teamer and of t h e boats and other equ ipments thereof required by th is Act and also if t h e said B o a r d so requ i re a s ta tement of t h e n u m b e r of passengers ( w h e t h e r deck passengers or o ther passengers) which such vessel is cons t ructed to ca r ry unde r t he h a n d of such sh ipwright surveyor and a declarat ion of t h e sufficiency and good condit ion of t h e machinery of such s teamer unde r t h e h a n d of such engineer surveyor and in such declarat ion it shall be d is t inguished whe ther such vessel is in construct ion and equip­ men t s adapted for sea service as well as for r iver or l ake service or for r iver or lake service only and when any such vessel is adapted for lake and r iver s e r v i c e only such declaration shall s tate the local l i m i t s

w i t h i n

wi th in which such vessel is in t he j u d g m e n t of t he surveyor adapted for p ly ing and such owner shall t r ansmi t such declarat ions to t h e said Board wi th in fourteen days after t he dates thereof respectively.

8. I n all cases where t he same m a y he possible such surveys shal l be m a d e in t h e m o n t h s of Apr i l and of October and such declarat ions shall be t r ansmi t t ed on or before t h e last days of such m o n t h s respec­ tively or if t h e last preceding survey of any such s team vessel were no t m a d e in either of those m o n t h s t h e n such survey shal l be made and

such declarat ion t r ansmi t t ed in t h e course of t h e t h i r t y days n e x t

before t h e expira t ion of six m o n t h s nex t after the date of t h e certificate g ran ted as hereinafter ment ioned upon the last preceding survey b u t if t he owner of any such s team vessel as aforesaid be unab le to have the same surveyed in e i ther of t h e said respective m o n t h s as t h e case m a y be or in t h e course of such th i r ty days as aforesaid e i ther by reason of such vessel being absent from t h e said Colony d u r i n g t h e whole of those periods respectively or by reason of such vessel or t h e machinery thereof be ing under const ruct ion or repair or of such vessel be ing laid u p in dock or for any other reason satisfactory to t h e said Board t h e n the owner of such s team vessel shall have t he same sur­ veyed as aforesaid as soon thereaf ter as possible and shall t r a n s m i t such declarat ions to t h e said Board wi th in fourteen days after t he date thereof toge ther wi th a s t a t emen t of t he reasons which have prevented t he survey of such vessel a t t he t ime hereinbefore prescr ibed and the owner of every such s team vessel in respect of which such declarations shall no t have been t r ansmi t t ed at t h e t imes and in t h e m a n n e r hereinbefore directed shal l except in any case in which t h e survey of such vessel shall have been prevented as hereinbefore is provided forfeit and pay t h e sum of t e n shil l ings for every day t h a t t h e sending of such declarat ions is delayed and such s u m shall be pa id upon the issue of t he certificate hereinafter ment ioned toge ther wi th t h e fee hereinafter ment ioned unless t he said Board t h i n k fit i n any case to remi t such forfeiture or any pa r t thereof.

9. U p o n the receipt of such declarat ions t he said Board shall regis ter t he same and if they are satisfied t h a t t h e provisions of th i s Ac t have been complied wi th shall cause to be t r ansmi t t ed to t he mas te r or owner of the s team vessel to which such declarat ions refer a certificate signed by one of t h e Secretaries to t he said Board or by some one or more of the members of t he said Board t h a t t h e provi­ sions of the law wi th respect to t h e t ransmiss ion of declarat ions in

respect of such vessel have been complied wi th and such certificate	shal l he called a " Sea-going Cer t i f ica te" where according to t h e
declara t ion of t he surveyor such vessel is adapted for sea service as well as r iver or lake service and such certificate shall be called a " River Certificate " where according to such declarat ion such vessel is adap ted for r iver or lake service only and shall set ou t t he local l imi ts wi th in which such vessel is t o p ly and where any such vessel is con­ s t ruc ted to car ry passengers and the said Board t h i n k fit so to do in order to p reven t t h e over-crowding of such vessel wi th passengers t h e y shall inser t in such certificate t he n u m b e r of passengers whe the r deck passengers or other passengers which such vessel is constructed to ca r ry or is author ized to car ry by t h e A c t of t h e I mpe r i a l Par l ia­ m e n t fifteen and sixteen Victor ia chapter forty-four section twelve and the said Board shall from t ime to t ime t r ansmi t l is ts of t h e vessels in respect of which such certificates have been issued to t he officers of Cus toms in all por t s in t he said Colony and such officers shall cause such l ists to be p u t u p in a conspicuous place in t he Custom House a t
each por t .
10. The said Board m a y revoke and cancel such certificates or any certificates or licenses g ran ted by v i r tue of t he provisions of t h e

said

said Acts passed in t h e eleventh and four teenth years of t he re ign of H e r p resen t Majesty or th is A c t or any of t h e m in any case where they have reason to believe t h a t t he declarat ions of the sufficiency and good condit ion of t he hu l l and machinery of any vessel or e i ther of t h e m have been f raudulent ly or erroneously made or t h a t such certifi­ ca te or l icense has otherwise been issued upon false or erroneous informat ion or where they have reason to believe t h a t since t h e m a k i n g of such declarat ions t h e hu l l or mach inery of such vessel has sus ta ined any injury or is otherwise insufficient and in every such case t h e said Board may if they t h i n k fit requi re t he owner to have t he hu l l or mach inery of such vessel aga in surveyed and to t r ansmi t a fur ther declaration or declarat ions of t h e sufficiency and good condit ion thereof before re-issuing any certificate or license or g r a n t i n g a fresh one in lieu thereof and t h e said Board m a y at any t ime revoke any certificate or license for t he purpose of inser t ing in any certificate or license to be issued in l ieu thereof t he n u m b e r of passengers which the vessel to which such certificate or l icense relates is constructed to carry or is author ized to carry as aforesaid.

1 1 . N o certificate or license as to any s team vessel shall be

held to be in force for t h e purposes of th i s Act for more t h a n six m o n t h s a n d no certificate or license shall be in force after notice to t he owner or mas te r of t he vessel to which the same re la tes by t he said Board t h a t they have revoked the same Provided always t h a t if any such s team vessel shal l have been absent from the Colony for t he whole of t he t h i r t y days nex t before the expira t ion of the certificate or l icense last g ran ted in respect of such vessel such last certificate or l icense (if not expressly cancelled or revoked) shall cont inue in force t i l l t he r e t u r n of such vessel to t he said Colony or for twenty-one days af terwards.
12 . The owner of every s team vessel requi r ing a certificate unde r th is Ac t shall pay for every certificate g ran ted by the said Board such sum as t h e said Board appoint not exceeding t h e sums following t h a t is to say—

W h e r e t h e tonnage of such vessel does not exceed one hund red

tons a s u m not exceeding one pound

W h e r e such tonnage exceeds one hund red tons and does not
exceed three hundred tons a s u m not exceeding two pounds

W h e r e such tonnage exceeds three hundred tons a sum not

exceeding th ree pounds

A n d such fees as well as such forfeitures as hereinbefore ment ioned
shal l be paid to t he said Board and by t h e m paid into t h e Colonial

Treasury to be applied to t h e publ ic uses of t he said Colony and in suppor t of the Gove rnmen t thereof in such m a n n e r as may be appointed by any Ac t of t he Governor and Legislat ive Council .

13 . Every person who knowingly and wilfully makes or assists in m a k i n g a false or f raudulent declarat ion or certificate wi th respect to any vessel r equ i r ing a certificate unde r th i s Ac t or who knowingly and wilfully forges counterfeits or f raudulent ly a l ters or assists in forging counterfei t ing or f raudulent ly a l te r ing any declarat ion or certificate required by th is Ac t or any words or figures in any such declara t ion or certificate or t h e s igna ture there to shall be deemed gu i l ty of a misdemeanor or shal l be liable on s u m m a r y conviction to a pena l ty n o t exceeding fifty pounds or to impr isonment wi th or wi thou t ha rd labor no t exceeding six mon ths .

1 1 . The owner or mas te r of every s team vessel shall for thwith

on receipt of any such certificate as aforesaid by h i m or his agent from the said Board cause t he same or a t r u e copy thereof in dist inct and legible charac ters to be p u t u p in some conspicuous pa r t of t h e

vessel

vessel so as to be visible to all persons on board t he same a n d shall cause i t to be cont inued so p u t u p so long as such certificate r emains in force and such vessel is in use and in default such owner or if he can prove t h e default t o have been caused by t h e mas te r such mas te r shall for every offence be l iable to a forfeiture or penal ty n o t exceeding

ten pounds .

15. I t shal l no t be lawful for any s team vessel (other t h a n any such mai l packet as aforesaid) t o proceed to sea or upon any voyage or excurs ion wi th any passengers on board t h e owner of which has n o t t r ansmi t t ed to t he said Board t h e declarat ions hereinbefore requi red and t h e owner or mas te r of which has not received from t h e m a certificate t h a t t h e provisions of t h e law in t h a t respect have been complied wi th as hereinbefore provided for such certificate be ing a certificate applicable to t he voyage or excursion on which such vessel is proceeding and if t he owner or mas te r of any s team vessel (o ther t h a n any such mai l packet as aforesaid) proceed to sea or on any voyage or excursion wi th any passengers on board wi thou t hav ing such certificate as aforesaid or a t r u e copy thereof in dist inct and legible characters on board and so p u t u p as aforesaid in some conspicuous p a r t of t h e vessel (such certificate be ing a certificate t hen in force) t he owner thereof shall for such offence be liable to a pena l ty not exceeding one hund red pounds and the mas te r of such vessel shall also be liable to a fur ther pena l ty not exceeding twenty pounds .

16. I f in any such certificate t he n u m b e r of passengers which

the vessel to which such certificate re la tes is const ructed to carry is s ta ted i t shall no t be lawful to carry on board thereof any grea ter n u m b e r of passengers whe ther deck passengers or o ther passengers t h a n the n u m b e r s thereof respectively s tated in such certificate and if t h e owner or mas te r or o ther person in charge of any such vessel receive on board thereof or if such vessel shall a t any t ime have on board any greater n u m b e r of passengers whether deck passengers or o ther passengers t h a n t h e n u m b e r s thereof respectively specified in such certificate the owner or t h e mas te r or other person hav ing charge thereof shall forfeit a s u m no t exceeding twenty pounds and shal l also forfeit five shil l ings for every passenger over and above the n u m b e r so specified in t h e certificate as aforesaid.

17. I f any person after hav ing been refused admission in to any s team vessel by t h e owner or person in charge thereof or by any person in the employ of t h e owner thereof on account of such s team vessel be ing full and after hav ing had the full amoun t of his fare (if he has paid t he same) r e tu rned or tendered to h i m shall nevertheless

persist in a t t e m p t i n g to enter t h e same or if any person hav ing got on board any s team vessel be reques ted on the l ike account by t h e owner or person in charge thereof or by any person in t h e employ of t he owner to leave such steam vessel before t h e same has qui t ted t h e place at which such person got on board and shall refuse so to do after hav ing had t h e full a m o u n t of his fare (if he has paid t h e same) r e tu rned or tendered to h im t h e n and in ei ther of such cases such person shall for such offence forfeit and pay to t h e owner of such vessel any sum not exceeding five pounds .

18. I f any person t ravel or a t t emp t to t ravel in any s team vessel t h a t has been duly surveyed in conformity wi th t h e provisions of th is Ac t wi thou t hav ing previously paid his fare and wi th in ten t to avoid p a y m e n t thereof or if any person hav ing paid his fare for a certain dis tance knowingly and wilfully proceed in any such vessel beyond such distance wi thou t previously pay ing the addi t ional fare for the addi t ional distance and wi th in ten t to avoid paymen t thereof or if any person knowingly and wilfully refuse or neglect on a r r iv ing at t he point to which he has paid his fare to quit such vessel every

such

such person shall for every such offence forfeit and pay to t h e owner of such vessel a s u m not exceeding forty shill ings in addit ion to t he fare payable by h im.

19. Eve ry person who hav ing commit ted any of t he offences ment ioned in the last two preceding sections or ci ther of t h e m refuses on appl icat ion of t he mas te r of t h e vessel or o ther person in t h e employ of t h e owner thereof to give his n a m e and address or who on such appl ica t ion gives a false n a m e or address shall forfeit and pay to t he owner of such vessel a sum no t exceeding ten pounds .
20. N o horses cat t le sheep or pigs shall be carr ied on the upper deck of any s team vessel engaged in t he coasting t rade unless properly secured in stalls or pens to be erected for t he purpose wi th t h e approval of t he Steam Naviga t ion Board who shall g r an t a general certificate for every such vessel of t he n u m b e r of horses cat t le sheep or pigs which in the i r opinion m a y be safely and convenient ly carr ied on the deck thereof and no p a r t of the cargo or of t he provisions water or stores shall be carried on the upper deck except ing pou l t ry in coops or baskets and fish bu t t e r cheese eggs fruit and vegetables in baskets or wooden boxes and car ts carriages and other vehicles and all such art icles shall be so placed as not to impede l ight or vent i la t ion or interfere w i th t h e comfort of t he passengers and if any art icles or greater n u m b e r of horses or other animals t h a n shall be certified by the Board as aforesaid shall be carried on deck cont ra ry to the t r u e in ten t and mean ing of th is enac tment t h e mas te r or owner of t he vessel ca r ry ing the same shall be l iable to a pena l ty not exceeding

fifty pounds .

2 1 . The said Board may from t ime to t ime wi th t he approval

of t h e Governor of the said Colony testified by some wr i t i ng unde r his h a n d or unde r t h e h a n d of t h e Colonial Secretary for t he t ime being of t he said Colony appoint such n u m b e r of fit and proper persons to be sh ipwright surveyors and engineer surveyors for t h e purposes of th i s Act a t such por t s or places as they t h i n k proper and may from t ime to t ime wi th such approval as aforesaid testified as aforesaid remove such surveyor or any of t h e m and appoint o thers in the i r room.

22. The said surveyors shall m a k e such r e t u r n s from t ime to t ime to t h e said Board wi th respect to t h e bui ld dimensions draft

b u r d e n ra t e of sai l ing room for fuel and t h e n a t u r e and par t icu la rs of mach inery of t h e vessels surveyed by t h e m as shall be requi red by the said Board and every owner mas te r and engineer of any such vessel shall on demand give to such surveyors all such informat ion and assistance

to for t h a t purpose wilfully refuses or neglects to give such informat ion	r e t u r n s and every such owner mas te r and engineer who on being applied wi th in his power as may be requi red by t h e m for t h e purpose of such
or assistance shal l be liable to a penal ty not exceeding five pounds .

23. The said surveyors shal l execute the i r dut ies u n d e r t he

direction of t he said Board and in t he execut ion of such duties i t shall be lawful for t h e m to go on board any s team vessel a t all reasonable t imes and to inspect t he same or any pa r t thereof or any of t h e mach ine ry boats equ ipments or art icles on board thereof to w h i c h t h e provisions of th i s Ac t or any of t he regula t ions to be m a d e by v i r tue thereof apply no t unnecessari ly deta in ing or delaying the vessel from proceeding on any voyage and if in consequence of any accident t o any such vessel or for any o ther reason they consider it necessary so to do the Board shal l requi re the vessel to be t aken in to dock or placed on a slip or on any other convenient place for the purpose of surveying the hull thereof and any person who hinders any such surveyor from going on board any such s team vessel or otherwise impedes h im in t he execu­ tion of his du ty u n d e r th i s Act shall be liable to a penal ty not exceed­ ing five pounds .

24. Eve ry such surveyor who demands or receives direct ly or

indi rec t ly from t h e owner or mas t e r of any vessel surveyed b y h i m

unde r t h e provisions of th i s A c t any fee or r emunera t ion whatsoever for or in respect of such survey or otherwise t h a n as t h e agent and by the direction of t he said Board shall be l iable to a pena l ty not exceed­ ing fifty pounds a t t h e suit of any person whomsoever.

25 . The owner of every s t eam vessel bui l t of i ron of one h u n ­

dred tons b u r t h e n or upwards	t he bui ld ing	of which shall have been
commenced since t h e twenty- four th	day of J u l y	i n t h e year of our

Lord one thousand eight h u n d r e d a n d forty-seven and t h e owner of

every s team vessel bui l t of i ron of less b u r t h e n t h a n one h u n d r e d tons t h e bu i ld ing of which shall have commenced after t he pass ing of t h i s A c t except vessels used solely as s team t u g s shall cause t h e same t o be divided by t ransverse water - t igh t par t i t ions so t h a t t h e fore pa r t of t h e vessel shal l be separated from t h e 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 separated from the engine room by another of such par t i t ions and if any s teamer hereinbefore requi red to be so divided proceeds to sea wi thou t be ing so divided t h e owner shall be l iable to a pena l ty no t exceeding one h u n ­

dred pounds .

A n d wi th regard to safety valves Be i t enacted as follows—

26. After t he first day of J u l y one thousand e ight h u n d r e d

and fifty-three it shall no t be lawful for any s team boat of which sur­ veys are requi red by the provisions of th i s Act to go to sea or to s team upon t h e r ivers of t h e said Colony w i t h o u t hav ing a safety valve upon each boiler ou t of t he control and interference of t h e engineer except only for t he purpose of opening t he same and keep ing it free and such safety valve shal l be deemed to be a necessary pa r t of t h e mach inery upon t h e sufficiency of which t he engineer surveyor is t o repor t as here in provided.

A n d wi th respect t o t h e boa ts and o ther equ ipments t o be p ro ­ vided for sea-going vessels B e i t enacted as follows—

27. N o decked vessel except vessels used solely as s team t u g s

shall proceed to sea from any por t or place in t h e said Colony wha t ­ soever unless it shall be provided according to i ts t onnage wi th boats duly supplied wi th all requisi tes for thei r use and not be ing fewer in n u m b e r nor less in the i r cubic contents t h a n the boa t s t h e n u m b e r and cubic contents of which are specified in t h e following tab le Provided t h a t t h e said l imits of dimension be not considered applicable t o vessels

engaged in t he whale fishery

T A B L E .

COLUMN 2.

COLUMN 3.

COLUMN 1. To be carried TOTAL

by Sailing Vessels To be curried

REGISTERED TONNAGE. To be and by Steam Vessels NUMBER

by Steam Vessels which do not

carried by Sailing Vessels and

Steam Vessels. unless they carry carry the Boats OF BOATS.

the Boats in in Col. 2.

No. 3.

|
|
.
.
ls
ls

Boats.	Boats.	Launches.	Boats.	se
se

|	es
es

Sailing

Steam	r.
be

ng	Vessels.
Vessels.
Steam
Steam

V
V

th	.	r.
be h.

.

.

.

th	.	r.
be h.

.

r

.

be h.

th .

Vessels.

Vessels.

th .

ng

h

gt

ad

th

gt

ad

th

gt

ad

th

gt

ad

th

ili

ili

um

n

re

ep

um

en

re

ep

um

en

re

ep

um

en

re

ep

Sa

Sa

le

N

B

D

N

L

B

D

N

L

B

D

N

L

B

D

Tons.
Tons.
Tons.

Tons.	Tons.
Tons.
Tons.
Tons. Ft.

Ft.
Ft.

Ft.	Ft. in.
Ft. in.
Ft. in.
Ft. in. Ft. in.

Ft. in.	Ft. in.
Ft. in.
Ft. in.
Ft. in. Ft.

Ft.
Ft.

Ft.	Ft. In.
Ft. In.
Ft. In.
Ft. In. Ft. in

Ft. in.
Ft. in.

Ft. in.	Ft.
Ft.
Ft.
Ft. Ft. in.

Ft. in.
Ft. in.

Ft. in	Ft.
Ft.
Ft.
Ft. Ft. in

Ft. in	Ft. in.
Ft. in.
Ft. in.
Ft. in.

Ft. in
Ft. in

Ft. in
Ft. in

800 and
800 and
800 and

800 and	500 and
500 and
500 and
500 and 1 18

2 3	2
2 24

5 6	2 6
2 6
2 6
2 6 4 4 or 5 4 or 5

4 or 5
4 or 5

18
18

18       5 6

2 6	1	26
26
26
26 8

3 8	2	22
22
22
22 5 6

5 6 2 3

2 3
2 3

24       5 6

5 6
5 6

5 6 2 6

2 6
2 6

0 3 8

3 8
3 8

8      0

8
8

0
0

5 6
5 6

5 6
5 6

24
24

upwards	upwards
upwards
upwards
upwards .

.
.
.

upwards
upwards
upwards

be
be
be
be

7 0	3 6
3 6
3 6
3 6 2

2    22

4    4 or 5

4 or 5
4 or 5

4 or 5 y

1     16

16
16

16 5 6

5 6	2 3
2 3
2 3
2 3 2

2     24

5 6	2 5
2 5
2 5
2 5 4

5 6	2 6
2 6
2 6
2 6 1

1    25

25
25

25 7 0

24 5 6

5 6
5 6

7 0
7 0

22
22

22 5 6

5 6
5 6

600 to 800...	360 to 500
360 to 500
360 to 500
360 to 500 1

600 to 800...
600 to 800...
600 to 800...

5 6
5 6

24
24

y
y
y
a
a
a
a

2 6	3	3 or 4
3 or 4
3 or 4
3 or 4 m

m
m
m

2 3	1
1 22

2	6	1	22
22
22
22 6 6

6 6	3 3
3 3
3 3
3 3 2 22

400 to 600...	240 to 360
240 to 360
240 to 360
240 to 360 1 16

16
16

16       5 6

5 6 2 3

2 3
2 3

5 6 2 6

2 6
2 6

6 6
6 6

22       5 6

5 6
5 6

22
22

22      5 6

5 6 2 6

2 6
2 6

5 6
5 6

400 to 600...
400 to 600...
400 to 600...

5 6
5 6

22
22

se
se
se
se

2 or 3	a
a
a
a
c
c
c
c
e
e
e
e
th
th
th
th

0	2	22
22
22
22 5 6

2 2	1	20
20
20
20 6 0

5 6	2 5
2 5
2 5
2 5 2 2 or 3

2 or 3
2 or 3

200 to 400..	120 to 240
120 to 240
120 to 240
120 to 240 1 14

14
14

14       5 0

5 0 2 2

2 2
2 2

6 0
6 0

6 0	3
3
3
3 0

0
0

5 6
5 6

200 to 400..
200 to 400..
200 to 400..

5 0

5 0

2 2 1 16

16
16

16      5 6

100 to 200...	60 to 120
60 to 120
60 to 120
60 to 120 1 14

5 6	2 4
2 4
2 4
2 4 2 2.or 3

2.or 3
2.or 3
2.or 3

14
14

14       5

5 6
5 6

5 6 2 9

2 9	2	18
18
18
18 5 6

0 2 2

2 2
2 2

2 9
2 9

5 6
5 6

100 to 200...
100 to 200...
100 to 200...

5
5

5 0

0
0

s
s
s
s
a
a
a
a

Under 100	Under 60
Under 60
Under 60
Under 60 1 14

2 2	1	1
1
1
1

14
14

14       5 0

5 0 2 2

2 2
2 2

Under 100
Under 100
Under 100

5 0

5 0

NOTE.—In the case of Steam Vessels two paddle-box boats may be substituted for any two of the boats in column 3 .

A n d

A n d no such vessel ca r ry ing more t h a n t e n passengers shall proceed to sea unless in addi t ion to t h e boats hereinbefore requi red i t also be provided w i t h a life boat furnished wi th al l requis i tes for use or unless one of i ts boa t s hereinbefore required be rendered buoyan t after t h e m a n n e r of life boats and no such vessel shall proceed to sea wi th passengers as aforesaid unless i t also be provided w i t h two life buoys to be kep t ready for immedia te use.

28 . N o s team vessel except vessels used solely as s team tugs shal l proceed to sea unless i t shall be provided wi th a hose adapted for t h e purpose of ex t ingu i sh ing fire in any p a r t of the vessel and capable of be ing connected wi th t h e engines of t h e vessel nor if ca r ry ing passengers w i thou t being provided wi th t h e following means of m a k i n g signals of distress t h a t is to say twelve b lue l ights or twelve por t fires a n d one cannon wi th ammun i t i on for a t least twelve charges or in t h e discretion of t h e mas te r or owner of such vessel w i th such other means of m a k i n g signals as shall have been previously approved by t h e said Board.
29. I f any such s team or o ther vessel as aforesaid proceed to sea wi thou t be ing provided wi th such boats and o ther equ ipment s as hereinbefore requi red for such vessel or if any of such boats or other equ ipment s 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 h e owner or mas te r or if i n case of any of such boats or life buoys be ing accidental ly lost or injured in t h e course of t he voyage t h e mas te r or o ther person h a v i n g charge of t h e vessel wilfully neglect to replace or repair t h e same on the first convenient oppor tun i ty t h e n and in every case where t h e owner shal l appear to be in fault he shal l be l iable to a pena l ty not exceeding one hund red pounds and in every case where t h e mas te r or other person h a v i n g charge of t he vessel shal l appear to be in fault he shall be l iable to a pena l ty no t exceeding fifty pounds .
30. I t shall n o t be lawful for any officer of Cus toms to clear ou t or t o g r a n t a t rans i re to or allow to proceed to sea a n y such s team or o ther vessel as aforesaid unless upon the produc t ion of such certificate as aforesaid and in any case in which any vessel is delayed by reason of non-compliance wi th a n y of t h e provisions hereinbefore conta ined t h e t idewai ter or other officer or person left on board shall be m a i n t a i n e d a t t he expense of t he mas te r or owner of such vessel u n t i l such provisions are complied wi th .

A n d wi th respect to t he l ights to be carried and o ther provision to be m a d e for gua rd ing against accidents from collision	Be i t enacted
as follows—

3 1 . The said Board shall from t ime to t ime m a k e regula t ions

r e q u i r i n g t h e exhibi t ion of such l ights and the giving of such audible signals by the r ing ing of a bell or otherwise by such classes of vessels whe the r s team or sail ing vessels wi th in such places and unde r such c i rcumstances as t hey t h i n k fit and they shall cause such regula t ions to be publ i shed in t he New South Wales Government Gazette and to be otherwise publ ic ly made known and such regula t ions shall come in to operat ion on a day to be named in such Gazette and they shall cause such regula t ions to be p r in ted and shal l furnish a copy thereof to any owner or mas te r of a vessel who applies for t h e same and p roduc t ion of t he Gazette conta in ing such regula t ions shal l be sufficient evidence of t h e pu rpo r t and due m a k i n g thereof and all owners a n d mas te r s or persons hav ing charge of vessels shal l be bound to t ake not ice of t h e same and shall so long as t h e same cont inue in force exhibi t such l ights and no others a t such t imes wi th in such places in such m a n n e r and u n d e r such c i rcumstances as are enjoined by such regula t ions and in case of default t he mas te r or o ther person hav ing charge of any vessel or t he owner of such vessel if it appear

R — V O L . 4. t h a t

t ha t he was in fault shall for each and every occasion u p o n which such regula t ions are infringed forfeit and pay a s u m no t exceeding t w e n t y pounds Provided a lways t h a t such regula t ions before coming in force shal l be subject to t he approval of t h e Governor of t h e said Colony and t h a t all regula t ions made by the Boards respectively appointed u n d e r t h e au thor i ty of t h e said Acts passed in t h e e leventh a n d four teenth years of t he re ign of H e r present Majesty or e i ther of t h e m and in force a t t he pass ing of th i s Act together w i th t h e penal t ies appl icable the re to shall cont inue and be in force as if t he same had

been m a d e unde r th i s Ac t u n t i l t h e same be revoked.

32. W h e n e v e r any vessel proceeding in one direction mee t s a

vessel proceeding in ano ther direct ion and t h e mas te r or o ther person hav ing charge of ei ther such vessel perceives t h a t if bo th vessels cont inue the i r respective courses t hey will pass so nea r as to involve any r isk of a collision h e shall p u t t h e he lm of his vessel t o po r t so as to pass on t he por t side of t he o ther vessel due regard be ing had to t h e t ide and to t h e posi t ion of each vessel w i th respect t o t h e dangers of t he channe l a n d as regards sail ing vessels t o t h e keep ing of each vessel under command a n d t h e mas te r of any s team vessel nav iga t ing any r iver or narrow channel shal l keep as far as is pract icable to t h a t side of t he fairway or mid-channe l thereof which lies on t h e s tarboard side of such vessel and if t h e mas t e r or o ther person hav ing charge of any s team vessel neglect t o observe these regula t ions or e i ther of t h e m he shal l for every such offence be l iable to a pena l ty not exceeding fifty pounds .

33 . I f in any case of a collision between two or more vessels

it appear t h a t such collision was occasioned by the non-observance e i ther of t h e foregoing ru les w i t h respect to t he pass ing of s teamers or of t h e rules to be m a d e as aforesaid by t h e said Board w i t h respect to t h e exhibi t ion of l igh ts t he owner of t he vessel by which any such ru le has been infringed shall no t be ent i t led to recover any recompense whatsoever for any damage susta ined by such vessel in such collision unless i t appears to the Cour t before which t h e case is t r i ed t h a t t he c i rcumstances of t h e case were such as to just ify a depa r tu re from t h e ru le and in case any damage to person or p roper ty be sustained in consequence of t he non-observance of any of t he said rules t h e same shal l in all Cour ts of Jus t i ce be deemed in t h e absence of proof to t h e con t ra ry to have been occasioned b y t h e wilful default of t h e mas te r or other person hav ing t h e charge of such vessel and such mas te r or o ther person shal l unless i t appears to t he Cour t before which t h e case is t r i ed t h a t t h e c i rcumstances of t h e case were such as to just ify a

depar ture from the ru le be subject in all proceedings whe the r civil or

c r iminal t o t he legal consequences of such default.

34.    W h e n e v e r any s team vessel (other t h a n a ship of war) has

susta ined or caused any accident occasioning loss of life or any serious injury to any person or has received any ma te r i a l damage affecting her seaworthiness or efficiency c i ther in her hu l l or in any p a r t of he r mach inery t h e owner mas t e r or other person hav ing t h e charge of such vessel shall w i th in twenty-four hour s after t he happen ing of such accident or damage or as soon thereafter as possible t r ansmi t t h r o u g h t h e Pos t Office to t h e said Board by le t te r signed by such mas te r or o ther person a repor t of such accident or damage and t h e probable occasion thereof s t a t ing the n a m e of t h e vessel t h e por t to w h i c h she belongs a n d t h e place where she is a n d if such mas te r or other person neglect so to do he shall for such offence be l iable to a pena l ty not exceeding fifty pounds .

35 . I f the owner of any s team vessel have reason owing to the

non -appea rance of such vessel or to any o ther c i rcumstance to appre­ hend t h a t such Vessel has b e e n w h o l l y l o s t he shal l as s o o n as con­ venient ly m a y be send not ice thereof in l ike manne r to t he said Board

and

and if he neglect so to do wi th in a reasonable t ime he shall for such

offence be l iable to a pena l ty not exceeding fifty pounds .

A n d wi th r ega rd to t he provision to be m a d e for t h e inspect ion

of s team vessels Bo i t enacted as follows—

36. The said Board may from t ime to t ime whenever i t seems

expedient to t h e m so to do appoint any of t h e surveyors to be appointed by t h e m as aforesaid or any o ther fit person be ing a pract ical engineer or sh ipwr igh t as an inspector to go on board any ship or vessel t o repor t to t h e m whether t he provisions of th i s Ac t or t he regula t ions m a d e unde r or by v i r tue of th i s Ac t have been complied w i t h and also whe the r the hu l l and mach ine ry of such vessel if the same be a s team vessel arc sufficient and in good condit ion or t o repor t to t h e m u p o n t h e n a t u r e and causes of any accident or damage which such vessel has sustained or caused or is said to have susta ined or caused.

37. I t shall be lawful for any such inspector as aforesaid and

also for any person be ing a member of t h e said Board to go on board any s team vessel a t all reasonable t imes and to inspect t h e same or any par t thereof or any of t h e machinery boats equ ipmen t s or ar t icles on board thereof to which t h e provisions of th i s Ac t or any of t he regu la t ions to be made by v i r tue thereof apply not unnecessar i ly de ta in ing or de laying t h e vessel from proceeding on any voyage and in all cases of accident or damage such inspector or o ther person m a y m a k e such inquir ies a n d requi re answers or r e t u r n s there to as

to t h e n a t u r e c i rcumstances and causes of such accident or damage

as he t h i n k s fit and m a y by s u m m o n s unde r his h a n d requ i re t h e

a t t endance of all person w h o m he t h i n k s fit to call before h i m

upon any quest ion or m a t t e r connected t he rewi th or r e la t ing the re to a n d m a y adminis ter oaths and examine such persons upon oa th and may requi re and enforce t h e product ion upon oa th of all log books accounts ag reemen t s or o ther papers or wr i t ings in anywise re la t ing to any such m a t t e r as aforesaid or in l ieu of requ i r ing and adminis ter­ i ng an oa th may requi re any person to m a k e and subscribe a declarat ion of t h e t r u t h of t h e m a t t e r s respec t ing which he has been examined o r in te r rogated Provided a lways t h a t no person shall be required in obedience to any s u m m o n s from such inspector or other person to t ravel more t h a n t e n miles from his ac tua l abode at the t ime of receiving such s u m m o n s unless such reasonable allowance for expenses in respect of h is a t t endance to give evidence and of his journeys to and from the place where he m a y bo requi red to a t t end for t h a t

purpose be made and tendered to h i m as would be allowed to any

witness a t t end ing on subpoena to give evidence before t he Supreme

Cour t of New South Wales a t Sydney and in case of any d ispute a s to t he a m o u n t of such expenses t he same shal l be referred by such inspector or o ther person to t he officer of t h e said Supreme Cour t who is charged w i t h t he du ty of t ax ing costs and such officer shall on a request made to h i m for t h a t purpose unde r t he h a n d of such inspector or other person ascertain and certify t h e proper a m o u n t of such expenses.

38 . I f any person wilfully impede such inspector or o t h e r

person in t he execut ion of any par t of his du ty whe the r on board any ship or vessel or elsewhere every person so offending and all persons a id ing a n d assist ing the re in m a y be seized and detained by such inspector or other person or by any persons called by h i m to his assistance un t i l such offender can be convenient ly t aken before some Jus t i ce of t h e Peace or other officer hav ing proper jur isdic t ion and every such offender and also every person who refuses to a t t end as a w i t n e s s before a n y such inspector or other person w h e n requ i red so to do in t h e m a n n e r hereby directed o r who refuses or neglects to m a k e any answer or to g i v e a n y r e t u r n o r to produce a n y document in h i s possession or to m a k e o r subscribe any declarat ions which such inspector o r other

p e r s o n

person is hereby empowered to requ i re as aforesaid shall for each

offence he liable to a pena l ty no t exceeding five pounds .

W i t h respect to s team vessels p ly ing for h i re on t he r ivers or

in land waters of N e w South W a l e s Be it enacted as follows—

39. Eve ry person hav ing t h e pr inc ipa l charge of any s team vessel p ly ing for h i re on t h e r ivers or in land wate r s of N e w	South
W a l e s shall on being approved of by any two of H e r Majesty 's	Jus t i ces

of t h e Peace in P e t t y Sessions assembled register his n a m e and place of abode in t h e Police Office for t he distr ict in which the said s team vessel shall be p ly ing for h i re and shall t he reupon receive a license signed by the Clerk of Pe t ty Sessions for t h e said distr ict on which shall be wr i t t en his n a m e and place of abode and the n u m b e r of t he license and for such license he shall pay the sum of t e n shi l l ings and if any person shall ply for hire wi th any s team vessel u p o n t h e said waters or r ivers wi thou t be ing so licensed he shall forfeit a n d pay for every such offence t he s u m of five pounds and the said Clerk of P e t t y Sessions shall keep a dupl ica te of every such license which shal l be evidence in all cases wi thou t giving not ice to produce or p roduc ing the or iginal license and every person hav ing the pr incipal charge of a n y s team vessel p ly ing for h i re as aforesaid shall be deemed a n d t aken to be unl icensed unless a t t h e hear ing of any complaint agains t h i m he shall p roduce his license or give o ther satisfactory evidence of be ing duly licensed.

40. Eve ry license g ran ted unde r t he au thor i ty of th i s A c t shal l

be a n d con t inue in force from t h e day of t h e date thereof u n t i l t h e

first day of J a n u a r y t h e n n e x t ensu ing and no longer and every such license shal l be renewed from year to year and whenever a n y change in t h e owners or propr ie tors of any s team vessel p ly ing for h i re as aforesaid shal l t ake place subject to all such and t h e l ike rules a n d regula t ions as arc hereinbefore provided wi th respect to t he g ran t ­ ing of or iginal licenses Provided however t h a t all licenses which shall be g ran ted or renewed a t any period du r ing the year shall be and con­ t i nue in force u n t i l the first day of J a n u a r y in t h e year t hen n e x t ensu ing and no longer .

4 1 . Before any such license shall be g ran ted or renewed u n d e r

t he provisions of th i s Ac t for or in respect of any person h a v i n g t h e

pr inc ipa l charge of any s team vessel p ly ing for h i re as aforesaid a requis i t ion for such license shal l be made and signed by t h e person app ly ing for such license and in every such requis i t ion the re shall be

t r u l y specified and set forth t h e Chr is t ian n a m e and su rname a n d place

of abode of t h e person app ly ing for such license and of every person
who shall be a propr ie tor of t h e s team vessel for t he pr incipal charge

of which a l icense is requi red and in case any person shal l neglect or omit to specify t ru ly in such requis i t ion as aforesaid t he n a m e of any person who shall be concerned as aforesaid in t h e keep ing us ing or employing of such s team vessel every person so offending shall forfeit t h e s u m of five pounds .

42. I f any person shal l keep use or employ or shall be con­ cerned as propr ie tor or pa r t propr ie tor in the keeping us ing or employ­ ing of any s team vessel as aforesaid t he pr incipal person in charge of which being w i t h o u t a license gran ted unde r t he au tho r i t y of th is Ac t every person so offending shall forfeit t he sum of twenty pounds .

43 . I f the person hav ing the pr incipal charge of any s team vessel p ly ing for hire as aforesaid shall pe rmi t any passenger to steer such s team vessel or if any such person hav ing pr incipal charge or any person assist ing in t he m a n a g e m e n t of such s team vessel shall assaul t or use abusive or insu l t ing l anguage to any person t rave l l ing or abou t to t ravel or h a v i n g t ravel led as a passenger wi th or by such s team vessel or to any person accompanying or a t t end ing upon any such

passenger

passenger in coming to or going from any such s team vessel every such offender in any of t he several cases aforesaid shall forfeit a s u m not exceeding five pounds .

44. I t shall be lawful for any two or more Jus t i ces of t h e Peace to deprive of his l icense any such person hav ing the pr incipal charge of any s team vessel p ly ing as aforesaid who u p o n compla in t m a d e before t h e m u p o n oa th shall be found gui l ty of d runkenness or other

improper conduct .

45 . No th ing in t h e six preceding clauses shal l extend to any

sea-going s team vessel.

A n d with respect to legal proceedings for enforcing the pro­ visions of th is Ac t Be i t enacted as follows—

46. Al l misdemeanors or offences created by th is Ac t may be prosecuted by information at t he suit of H e r Majesty 's A t t o r n e y or Solicitor General or by indic tment or other appropr ia te legal proceeding in any Cour t hav ing appropr ia te jur i sd ic t ion and shall be punishable wi th fine or impr i sonment or bo th as such Cour t t h i n k s fit and all penal t ies and o ther sums of money hereby made payable or recoverable may be recovered wi th costs and all offences hereby made pun ishab le m a y unless previously punished as misdemeanors be prosecuted and punished and t h e costs of such prosecut ion recovered by some appro­ pr ia te s u m m a r y proceeding before two or more Jus t i ces and all such proceedings shall so far as is consistent wi th t he provisions of th i s Ac t be carried on in t he m a n n e r directed by an Act of Pa r l i amen t passed in t he Session of t he e leventh and twelfth years of the re ign of H e r Majesty Queen Victoria in t i tu led " An Act to facilitate the performance

" of the duties of Justices of the Peace out of Sessions within	England
" and Wales with respect to Summary	Convictions and Orders" or

according to t he law in force for t he t ime being regu la t ing s u m m a r y

proceedings before Jus t i ces of t he Peace out of Sessions.

47 . For t h e purpose of giving jur isd ic t ion unde r th i s A c t every

offence shall be deemed to have been commit ted and every cause of compla in t to have ar isen cither in t he place in which t h e same actual ly was commit ted or arose or in any place in which the offender or person complained agains t m a y be.

48 . Service of any summons or other m a t t e r in any legal pro­ ceeding under th i s Ac t shall be deemed good service if made personal ly on t h e person to be served or if made a t his last k n o w n place of abode or business or if m a d e on board a n y vessel to which h e belongs and accompanied wi th a s ta tement of t h e pu rpo r t thereof to t h e person in

c o m m a n d or to t he person in charge of such vessel.

49 . Al l certificates pu rpor t ing to be issued in pursuance of th i s A c t by t h e said Board and to be signed as hereinbefore requi red shall be t aken to have been so issued and signed unless t he cont rary is proved and every document p u r p o r t i n g to be an office copy of any such certi­ ficate as aforesaid a n d to be signed in t h e m a n n e r hereinbefore required for t h e s igna ture of such certificate shall be received in evidence and shall be deemed to be a t r u e copy of t h e original of which i t purpor t s to be a copy and in proving t h e t ransmiss ion of any such certificate from the said Board to t he mas te r or owner of any s team vessel it shall be sufficient to prove t h a t t h e same was duly received by some officer of Cus toms or o ther publ ic servant and was by h i m delivered to or left a t t h e place of abode or business of such mas te r or owner of the vessel to which t h e same relates or forwarded to h im t h r o u g h the General

Pos t Office.

50. I f in any legal proceeding under th is Ac t any quest ion arises whe ther any vessel is or is no t wi th in the provisions of th is Ac t such vessel shall be t a k e n to be wi th in such provisions unless proof to t he cont rary is adduced.

5 1 . A n y Jus t i ce or o ther Cour t impos ing any pena l ty unde r

th i s Ac t of which no specific appl icat ion is herein provided m a y if h e

or they th ink fit direct t h a t a p a r t no t exceeding one moie ty thereof shal l he applied to compensate any person for any wrong or damage which he m a y have sustained by reason of t he default in respect of which such pena l ty is imposed a n d subject to such directions or specific appl icat ion as aforesaid all such penal t ies shall be paid in to t he Colonial Treasury to be applied to t h e publ ic uses of t h e Colony

and in suppor t of t h e Government thereof in such m a n n e r as m a y be

appointed by any A c t of t he Governor and Legislat ive Council .

52. N o ind ic tment shall be preferred for any offence against th i s Ac t unless unde r t h e direct ion of t h e said Board and no suit or proceeding shal l be commenced for t he recovery of any pena l ty or forfeiture for any such offence except where such penal ty or forfeiture is made payable to t h e owner of a vessel and except in any other cases in which directions to t he cont rary are hereinbefore conta ined unless in t h e n a m e of some publ ic officer unde r t he direction of t h e said Board and in any ind ic tment preferred or suit or proceeding ins t i tu ted unde r this Ac t t h e averment t h a t t he said Board have directed t he same to be preferred or ins t i tu ted shall be sufficient proof of t he fact un less t h e cont rary is shewn.

53 . N o person shal l be l iable to t h e paymen t of any pena l ty

or forfeiture imposed by v i r tue of t h i s A c t and made	summar i ly
recoverable t he reunde r unless t h e complaint respect ing such	offence

be m a d e before such Jus t i ce wi th in	six	m o n t h s	n e x t	after	t h e	com­
mission of such offence.

54. N o conviction unde r t h i s Act shall be quashed for w a n t of

form or be removed by certiorari or otherwise in to t he Supreme Cour t of t h e said Colony and no war ran t of commi tmen t or order for imprison­ m e n t shall be held void by reason of any defect there in provided it be there in alleged t h a t t he person has been convicted or ordered to be imprisoned a n d t he r e be a good and valid conviction or an offence to

susta in t h e same.

55. N o distress levied in any proceeding under th i s Ac t shall be deemed unlawful nor shal l any person m a k i n g the same be deemed a t respasser on account of any defect of form in t h e s u m m o n s con­ vict ion w a r r a n t of distress or o ther proceeding re la t ing there to nor shall such pa r ty be deemed a trespasser ab initio on account of any i r regular i ty afterwards commi t t ed by h i m b u t all par t ies aggrieved by

such defect or i r regula r i ty m a y recover satisfaction for t h e

damage in an action. special

56. I f any person shall t h i n k himself aggrieved by any deter­ mina t ion or adjudicat ion of any J u s t i c e wi th respect to any pena l ty

or forfeiture u n d e r t he provisions of th i s A c t he m a y appeal to t h e

neares t Genera l or Q u a r t e r Sessions b u t no such appeal shal l be

enter ta ined unless wi th in one m o n t h n e x t after t he m a k i n g of such

de te rmina t ion or adjudication	t en days ' not ice in wr i t ing of such
appeal s t a t ing t he n a t u r e	and grounds thereof be given to t h e pa r ty
agains t whom t h e appeal	shal l be b rough t nor unless t h e appel lant
for thwi th after such not ice enter in to recognizances wi th two	sufficient
suret ies before a Ju s t i ce condit ioned duly to prosecute such	appeal
and to abide t h e order of t he Cour t	thereon.

57. A t t h e Genera l or Qua r t e r Sessions for which such notice

shall be given t h e Cour t shall proceed to hear and de termine t h e appeal in a s u m m a r y way or they may if they th ink fit adjourn i t to

t h e following Sessions and upon t h e hea r ing of such appeal t h e Cour t

m a y if they t h i n k fit mi t iga te any pena l ty or forfeiture or t h e y m a y confirm or quash t h e adjudicat ion and order any money paid by the appe l lan t or levied by distress u p o n his goods to be re tu rned to h i m

a n d

and may also order such fur ther satisfaction to he m a d e to t h e	par ty
injured as they j u d g e reasonable and they may m a k e such order	con­

cerning t h e costs b o t h of t h e adjudicat ion a n d of t he appeal as they

th ink	reasonable .
58. N o t h i n g in th i s A c t contained shall apply to any ship

be longing to H e r Majesty no r to any vessel no t being a Br i t i sh vessel or a vessel owned whol ly or in pa r t by Br i t i sh subjects nor to any s t eam ferry-boat work ing in chains commonly called a s team floating br idge .

59. The mas te r of every s team vessel to which th i s Act applies shal l provide himself w i th a copy thereof and also of all regula t ions m a d e by vir tue of th i s Ac t by t he said Board wi th respect to t h e exhi­ bi t ion of l ights and shall a t all t imes keep t h e same on board his vessel and in case he refuse or neglect to do so shall be subject to a pena l ty not exceeding five pounds .

60. This A c t shal l come in to operation on the first day of

March after the pass ing thereof and m a y he cited as " The N e w South

Wales S team Naviga t ion A c t 1852 . "