Whale Fishery Act 1844 (SA)

ANNO SEPTIMO ET OCTAVO

VICTORIAE REGINBE.

No. 7.4844.

By His I3xcetZenc~ GEORGE GREY Esquire Gooernor. nnd Conmancler-in-

Chief of Her Mujestay's Province of South Australia and i ts Dependencies

and Vice-Admiral of the snnte by and with tAe advice and consent of the

Legislatiw Coanci!.

AN ORDINANCE to Regulate the FVhnle Fishery Sert$ce ill

South Australia.

HEREAS it is necessary to regulate the summary determi-

W nation of disputes between persons engaged in the Whale

Fisheries in South Australia:

determination of disputcs between Masters and Servants" shall apply and extend to all owuers and persons fitting out or providing for the Whale Fisheries and all Whalers and persons employed or engaged by them in that service subject to the jlxrisdictions of the Province: Provided that all the powers and authority which by the aforesaid Act or Ordinance are given to any Resident Magis- trate or two Justices may for the purposes of this Ordinance be exercised by one Justice: Provided also that no Justice who is beneficially or as Agent for another interested in the Whale Fisheries shall act or adjudicate in any manner under this Ordinance. 11. And

Be it therefore Enacted by his Excellency the Governor of South Master nnaservante Act to apply t o per-

Australia with the advice and consent of the Legislative Council .an* engaged in the

thereof: That the provisions of an Ordinance of the Governor whalefishOrie~.

with the advice and consent of the Legislative Council of South Australia passed on the fifteenth day of November one thousand eight hundred and forty-one intituled "An Act for the summary 6 via, 10,

A f l c f ~ ~ f Amemeat

to be deponited with IT. And be it Enacted That Articles of Agreement between any

adr$istratm.

owner or employer in the Fisheries and the scveral whalers or persons engaged by him in that service shall be in writing and signed by the parties to be charged therewith and all such Articles entered into after the passing hereof shall be signed oilly in tho presence of Borne Justice of the Peace being distinctly rcad over to every party before he shall be required to s i p the same and

such owner or employer shall within twenty-one days from the

passing hereof and on or before the tn-entieth day of Aprii in cvery year thereafter or as soon thereafter as msy be practicable deposit at the Office of the Resident Magistrate or Corninissiollcr of Police at Adelaide or at the Police Oficc or Station ncnrest to the Fishery the original Articles so signed as aforesaid and any Jlagistrate there sitting shall on pqment of the sum of fire shillings receive

and retain the same in eecure custody and pcrrnit from time to time

on the payment of one shilling for each sigoatnre additional signatures to be made thereto ancl allow inspection thereof' to any party paying sixpence and shall on payment of tcn diilliilgs a d on proof to his satisfaction of the signature of the parties sought to be charged or of the Justice or Justices attesting the same g?ant

to any person intcrested therein oecc copies of such Art~clcs

certified as true copies under his hand and seal which office copies

80 c rtified shall be sufficient evldmce of the ag~wnient tlic samc

as i the original articles were pruducd and pro\eit according t o f

Law: And whosoever shall wilfully neglect to deposit such Avtlcles

in manner aforesaid shall on conviction forfeit and pay n penalty of

not lesa than Five Pounds nor more tlml Twenty Pounds.

enga ed to be pub- 111. And be it Enacted That every owncr or employer as afore-	Names of whalera
lithe8 in c~.slt@. said desirous to avail himself of the provisions hcreof slrall within

fourteen days from thc date of signing m y S U C ~ Articles and in the case of Articles heretofore signed then before the thirty-first day of March next insert a notice in thc Gowmment Gahuette setting forth the name of every ivha1cr or other person eiig;:~ed by him in the Whaling Service as aforesaid and the capacity in which such

person is employed ~ a y i n g to the ~ r h t e r s of the Guuen2n1eat

Gt~~etts a fee ef five shillings for the inscrtion: And no such whvlex or person engaged us aforesaid whose name is not published in manner aforesaid shall be bound by any snch agreement.

Di~litesr*cting IV. And be it Enacted That in case of any dispute arising

d c c s tb be &er*

mined by ~ ~ t i t m, between different owners or emplorcrs rcspccting their claim to the services of any wlraler or other person engaged as aforesaid the Justice before whom any complaint may be brought shall at dis- cretion determine which party is intitulcd to such services having regard to priority in the time of entering into thc engagmnent.

~ ~ a l t g. o a f l e a ~ c i ~ V, And be	it Enacted That whosoever	shall during	thc con-
hired whaIers from

senicre, thuance of the term of service coi~trnctecl for by any such Articles knowingly or after fourteen days from the publication of the Gaaette notice aforesaid employ or retain or assist in employing or

retaining

retaining contrary to the true intent a i d meaning o f such Articles any whaler or person who shall have so bound himself to any seivice still unperformed shall on conviction for every such offence forfeit and pay a penalty of not lcss than Yen Pounds nor more than Twenty Yound~.

VI, And be it Enacted That cvery such whaler or person bound Penalb on whalers under agreement

under Articles as aforesaid who ~ 1 ~ ~ 1 1 engage or hire himself in the hiring them&es to

service of any other owler or employer against the consent of his nlaster and contrary to the intent and meaning of his Articles shall on conviction for e v e n such offcnce be adjudged to forfeit any wages or lays then or thereafter payable or deliverable under the said Articles or any past thereof and in case any such whaler or person SO brcaking his ilgrcclnent shall have received any advance against his lays or rva~es on faith of such agreement such whaler shall on conviction forfeit and pay n sum equal to double such ad-

vanw ancl out of tlie moneys receivccl the amount of such advance

shall bc paid to the employer or party who disbursed the same and the offender may further bc cornniitteci to prison for a period not exceccling t h e calendar months ancl during that time bc kept to hard. labor as to the convic;ting Justice may seem reasonable,

VII. A i d bc i t E1iacteci That no such agreement shall be valid Awcmente valid

and binding beyond the period of the then next ensuing whaling ,,,,,,,	only for one whaling
season or bcyonci thirteen months from the datc of signing the same.

VILI. Providcil always and be it Enacted That nothing herein m to affect the Merchants Seaman

containcd shall prevcnt any whaler being engngctl by his employer act.

to P C ~ W as a sealiiall. in ztccordi~nce wit11 the provisions of an Act 6 & 6 tv,,	IT, ,,	19,
of thc 1mpel.ial Parliament of the Fifth and Sixth Years of the Reign of His late Uajesty Icing William the Fourth intituled "An Act to amend and consolidate the laws relating to the hlerchant Seamen of thc United Iiingdoin and for forming and maintaining a Register of all the men engaged in that Service."

IX. And he it Enacted That all fines penalties and other sums Rocoveryof penaltie&

of money levied or incurred mder this Ordinance may be recovered

and all proceedings may be had and taben before one Justice and every party aggrievccl shall be entitled to appeal in manner and for111 respectively providcd by the Lam of the Province for regulat- ing summary proceedings beforc Justkes of tlie Peace.

X. Provided alvays that it &all be lawful for any C o ~ ~ r t

trict within which any order tulcter this Act shall have been made

upon appeal to quash confirm or vary m y such order either in

whole or in part at discretion or to substitute n ncw order in lieu

thereof and for that purpose e jwy order made by any one or more

of Genaral Sessions may

Gencrd S&sions of the Peacc holden for tlze Province or the Dis- modify orders. or Justices under their hands slid seals to the Clerk of such Court

at any timc on demand by either party.

XI, And

XI. And be it Enacted That all fin& penalties and sums of

money levied under this Ordinance shall except so far as not

otherwise expressly mentioned be paid to the Colonial Treasurer on

behalf of Her Majesty hex heirs and successors for the public uses

of the Province md support of the Government thereof.

GEORGE GREY,

Governor and Commander-in-Chief.

Passed in the Legislcltive Council, this Twenty-

eighth day of February, 1844.

W. L, HALLORA RAN,

Clerk of Council.

t' .hw

Adelaide : Printed by authority, bp W, C, Cox, Goyerllment Printer, North-terrace.