Whale Fisheries Act 1840 (SA)

* , ANNO QUARTO

HM~AS by an Act of the G vernor in Council passed in the pesent

year (KO. l l) entitded c c ~ d ~ c t for the Regulation and Protection

of the,Whde Fisheries" it is enacted that m ease any person having signed

the rrticfes of aneement therein spc$fied binding himself to any dut - or

service in the 'isher shall during the perlod thereby pescribed for

& se;bice uncer Thole such artic P es absent himself from his duty or refuse or

degl& to obe j any lawful eomrnadd given to him or shall otherwise mis- c6nduct himself or refuse or neglect to enter into the service for which he

shall h a h cbntracted, or shall duriqg the continuance of his intended term

of,sirvice hire himself out to any other employment contrary to the true i$tdiit Bncl meaning of the said articles it shall be lawful for the person or persons thereby angrievid (upon com$aint against the party so offending liiade on 08th begre any Resident Magistrate or two Jnstices of the Peace) to mure 6uch party to be summoned to appear before such Resident Rlapis- tmte Justices or any other two Justices of the Peace who are respccti~ely

thereb - authorised to enquire and determine touching the matters so com-

and evil cx.in~plc of otlicrs

n t n i s or witnesses produced concerning the same and in case any such pl?ine d of in R summary manner and to examine on oath or affirmation the

1lesiclent Magistrate or Justices shall con~ic t the party so complained against

of any offence so charged then they shall have power in their discretion to

award not onlj- s forfeiture of any wages or lay or lays or axiy part thercof then or thereafter payable or deliverable under the said articles but also a

fine of not lcsl than forly shillings or more than forty pounds for such offence

or (if they shall see fit) imprisonment r i th hard labour for any period not

exceeding sin calendar months at their discretion.

And whereas from the remote situaf ion of various fishing stations and t l l c limited populntiou in the neighbourhood thereof i t is found impracticable in many urgent cases to'proceed in manner prescribed by the above recited act by summo~~s before a Resident Magistrate or two Justices whereby refractory

pczsons contractin- uxlder such articles and xef~~sing or neglecting tli~:ir

scnice de.;criin,o %orcfi;.on~ and othcrwisc rniscondueti~ig thcmsrlven m e

~ ~ f f m ~ d to csciipc punlshnient to the m i d u s inconvenicncc of t l ~ c i r EIIIP~OJCSJ

l h 1.r T I I I ~ I ~ I: C ' O R I C 1:s u: r m by Tlis 1 h ~ l l c \ 1 c y Lieutenant Colonel George

Gawlcr l<ni@t of the IZojal Hanovcrian (;luelphic Order Governor atid Commander-in-Chief of the Province of ~ 0 3 t h ~lustralin by and with the advicc and consent of the Lcgislativc Council thereof as follows

i

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I. That in case a n j pcrson having signed m y such articles hinding him- self to any du ty or scrrice in the Whale Fishery shall during the period thereby prcscribocl for his servicc absent himself from his duty or refuse or neglect to obey any lawful co~nmancl given to bim, or shall otherwise miscon- duct himself or rcfuse or ne@ct to enter intpthe servicc for which he shall have contracted or s l d rlur~ng the continuance of his intended term of ser- vice hire hiinself out to any other enlployrnent contrary to the true intent and meaning of the said articIev in manner before nlentioned it shall belanful for any one Justice of the Pcacc and such Justice is hereby authorized and em owerecl upon complaint thereof made upon oath to him by any person wit R whom such party offending shall have i o contracted or by his steward manager or agent to isssue a warrant for apprehending and bringing before

him every such offending party and to examine into and determine the said

complaint and (if he shall see fit) to award a fine not exceeding five pounds or imprisonment with or without hard labour for any period not exceeding thirty d a p which asard shall be final and not subjekt to appeal or a t his discretion to commit the said offending party to be tried before an Resident Magistrate or two Justices of the Peace who may thereupon proceed to enquire dcterrnine and award in manner mcntioued in the befora recited act.

11. That for the purposs of this and the before recited act the Chief Commissioner of Police of the province is hereby authorized and empowered to hear determine and award in a summary way and to act in the same manner and with alike extent of powers as any Resident Magistrate or tvo Justices of the Peace.

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111. And whereas by the said recited act it is provided that all original articles of agreement shall be delivered into the office of the Resident Magistrate at Adelaide who is hereby required to grant an office copy which "shall on proof of the signature to the original of the party sought to g"le charged be equivalent to such original :" And whereas great inconve- nience in practice is fouud to result from the necessity of proring the signatures of parties to the original Be i t therefore enacted that on the delivery of auy such original articles of agreement the said Resident Rlagis- trate shall on proof or private knowledge of the signature of the Justice or Justices attesting the same in manuer provided by the said recited act and on payment of the sum of one shilling per folio grant to any party interested

an ofice copy of the said articles certified under his hand and seal which

shall be and be admitted and taken as authentic and sufficient evidence of

the said agreement to all intents and purposes and i t shall not thereafter be

necessary to prove any signatures either to the original articles of agreement	or to the said certified copy any law or practice to the contrary notwith-
stanchg. ..

4V. That this act shall commence from and after the passing thereof.

GEORGE GAWLER,

Governor of South Anstralia.

Passed in Council this 26th d a y of June, 1840.

A. 831. MUNDY.,

Clerk of Council,