Nor to the keeping of explosives or explosive substances in Nor in any of magazines

PART VII. PART VII

IV. Every person who, before the first day of January, one Mate, coaat-trade

11. Nor to the keeping of explosives or explosive substances in Nor in any of magazines

any magazine belonging to Her Majesty or to the carriage thereof to and from any magazine under a special order of the Treasurer or when under the c o ~ t r o l and management of any officer of Her Majesty's army, navy, or ordnance, or other duly authorised person :

111. Nor to any gunpowder, rockets, or other explosive or Nor to rockets, BC., on board ahipe.

explosive substance on board any ship i n pursuance of the provisions of thc Merchant ghipp;ng S&, 1'154, and the Acts amending the same, or any order or regulation made under any of those Acts: Provided that the conveyance and keeping thereof' on board the ship or elsewhere, while the ship is in harbor, shall be subject to the regulations made or to be hereafter made by the Board :

rv. Nor to any explosives or explosive substances supplied to or Nor to ex losives

used by Her Majesty's Volunteer Military Forces. ^used Majesty'~ Forcee. ^{by $'er}

Phm IX. PART ^IX.

LEGAL PROCEDURE.

368,

This Act shall be and be construed as an Act relating to Aottobe conatrusdiw an Act relatipg to

the Customs, trade, anti navigation, and all rights, remedies, enact- Customs, trade,

meuts, and provisions of the law for the time being in force within andnsvkntion.

the said province, relating to the Customs, trade, and navigation, shall, so far as applicable a,nd not inconsistent herewith, apply to all persons and things, and t o all forfeitures, penalties, seizures, and other proceedings under this Act, as if the same were expressly herein inserted.

369.

The offences hereinafter mentioned shall be punished, Puniahrnencof

and penalties recovered in manner following, that is to say-- ^{of off onces} penalties. and recovery I. Every offence by this Act declared to be a misdemeanor,

shall be punishable by fine or imprisonment, with or without hard labor, and the Court bcfore which such offence is tried may make such allowances, and order such payment of costs and expenses (if any) as arc payable or allowable upon the trial of a misdemeanor under any laiv for the time being in force :

rr. Every offence declared by this Act to be a misdemeanor shall also be deemed to be an offence hereby made punishable by imprisonment for any period not exceeding six months, with or without hard labor, or by a penalty

not

44O

& 45' VICTORIAZ, No.

237.

Marine Board and Navigation Act.-188 1 .

PAXT xx. not exceeding One Hundred Pounds, and may be pro- secuted accordingly in a summary manner under the pro- visions of the Ordinance No. 6 of 1850 instead of being prosecuted as a misdemeanor :

111. Every offence hereby made punishable by imprisonment for any periad not exceeding six months, with or without hard labor, or by any penalty not exceeding One Hundred Pounds, shall be prosecuted summarily before-any two or more Justices :

:v. In all cases of summary conviction where the sum adjudged to be paid exceeds Five Pounds, or the period of impri- sonment adjudged exceeds one month, any person who thinks himself aggricvcd by such conviction may appeal to the Local Court, Adelaide, of Full Jurisdiction ; and the proceedings on such appeal shall be conducted in manner appointed by the Ordinauce No. G of 1850 for appeals to Local Courts :

v. All offences under this Act not otherwise provided for shall be punishable in a summary manner under the provisions of the Ordinance No. 6 of 1850, and the penalty in respect thereof recoverable :

vx. No conviction or order under this Act shall be quashed or removed by certiorari or otherwise into the Supreme Court for want of form.

Offence where

deemed to have been

370.

For the purpose of giving jurisdiction undcr this Act every

committed. offence shall be deemed to have been committed, and every cause of complaint to have arisen. either in the place in which the same actually was committed or arose, or in any place in which the offendcr or person complained against may be.

Jurisdiction over

371,

I n all cases where any district within which any Court, or

&p lying c& the

coasts. Justice or other Magistrate, has jurisdiction, either under this

Act or under any other Act, or otherwise howsoever, for any purpose whatever, is situate on the coast of any sea, or abutting in or projecting into any bay, channel, lake, river, or other navigable water, every such Court, Justice, or Magistrate, shall have juris- diction over any ship or boat being on, or lying, or passing off, such coast, and within the limits of the said province, or being in or near such bay, channel, lake, river, or navigable water as aforesaid, and over all persons on board such ship or boat, or for the time being belonging thereto, in the same manner as if such ship, boat, or persons were within the limits of the original jurisdiction of such Court, Justice, or Magistrate.

Sums ordered to paid leviable by

trees on ahip.

be

372.

I n all cases where any Court, Justice, or other Magistrate,

"-

has power to make an order directing payrncnt to be made of any seaman's wages, penalties, or other burns of money, then, if the party so directed t o pay the same is the master or owner of a ship, and the same is not paid at the time and in manner prescribed in the order, the

44"

^&

45' VICTOKIAZ, No. 237.

Marine Boal~l a d ilinv~yntion Act.-1881.

---P" P--- - - P P - - - - -

the Court, Justice, or othcr Magistrate ~ v h u made the ordcr, may, in ^{PART 1s.}

--

addition to a'ny other powers they or he may have for the purpose of compelling paymer~t? direct the amount reinailling unpaid to be levied by distrcss or poundiug and the sale of such ship and her tackle.

373.

Any Court, Jnstice, or Magistrate, imposing any perdty Applic,atidn of

under this Act for which no specific application is hercin provided, penalties.

may, if i t or he think fit, direct the whole, or any part thereof, to be applied in compensating any person for any wrong or damage which hc may Iii-tve sustained by the act or default in respcct of which such penalty is imposed, or to be applied in or towards payment of the expenscs of the proceedings ; and subject to such directions or specific ay plication as aforesaid, all penal tics recoved in the said province under this Act shall go a d be distributed, one moiety to the person who shall inform or sue for the same, and the other moiety to the Treasurer for thc public uses of t,hc said province and

the si~pport of the Government thereof.

374.

T h r time for instituting summary proceedings under this Limitationof timein

Act shall be limited as follows, that is to say- ^summury proceedings.

1. No conviction for any offence shall be made under this Act, in any summary proceeding instituted in the said provincc, unless such proceeding is comnlenced within six months after the commission of' t,he offence, or if both or either of the parties to such proceeding happen during such time to be out of thc said province unless the same is commenced within two months after t h y both first happcn to arrive or to be at one time within the same :

Ir. ^PJo order for the payment of money shall be made uncler this Act, in any summary proceeding instituted in the said province, unless such proceeding is commenced within six months afier the cause of complaint arises, or if both or either of the parties liapgell during such timc to be out of the said province, unless the same is con~mencecl withi11 six months after they both first happen to arrive or to be at one time within the same:

And no provision contained in any other Act or Ordinance for limiting the time within which surnlnary proceedings may be insti- tuted shall affect any summary proceediug under this Act.

375.

-4ny document required by this Act t u be executcd in the ~~,,,,,t

presence of, or to be attested by, any u-itness, may be proved by the w i t b o * t c a b g a t t e s t - ing witnesses.

evidence of a n y person who is able to bear witness to the requisite facts, without calling the attesting witnesses or any of them.

376.

Where any order, notice, statement, or document requires, Service of orderon

for the purpose of any provisions of this Act, to be served on the master.

master of a ship, the same shall be served, where there is no master and the ship is in the province, on the managing owner of the ship ;

R-237 or

44O

&

45" VICTORI&, No. 237.

Marine Board and Navigation Act.- 1881.

Ix. or if there is no managing owner, on some agent of the owner residing in the province ; or where no such agent is known or can be found, by affixing a copy thereof to the mast of the ship.

Penalty on obstruct- ing service on master of ship.

Power of Judge of Supreme Court or Admiralty to arrest foreign ship that has occasioned damage.

Power in certain cases to detain ship hefore application made to Judge.

Who to be defendant to suit in euch oases.

Any such order, notice, statement, or document may be served by delivering a copy thereof personally to the person to be served, or by leaving the same a t his last place of abode, or, in case of a master, by leaving i t for him on board the ship with the person being or appearing to be in command or charge of such ship.

377.

^Any person who obstructs the service of any order, notice, statement, or document, on the master of a ship shall incur a penalty not exceeding Ten Pounds, and if the owner or master of the ship is party or privy to such obstruction, he shall be guilty of a rnisdemeanor.

378.

Whenever any injury has, in any part of the world, been caused to any property belonging to Her Majesty, or to any of Her Majesty's subjects, by any foreign ship, if at any time thereafter

~ u c h ship is found i n any port or river of the said province, or within three miles of the said coast thereof, it shall be lawful for any Judge of the Supreme Court or of the Court of Vice-Admiralty of the said province, upon its being shown by any person applying summarily that such injury was probably caused by the misconduct or want of skill of the master or seamen of such ship, to issue an order directed to any officer of Customs, or other officcr, requiring him to detain such ship until such time as the owner, master, or consignee thereof hath made satisfaction in respect of such injury, or has given security, to be approved by the Judge making the order, to abide the eveut of any action, suit, or other legal proceedings that may be instituted in respect of such injury, and to pay all costs and damages that may be awarded therein, and any officer of Customs, or other officer to whom such order is directed, shall detain s w h ship accordingly.

379.

I n any case where it appears that before any application can be made under the foregoing section such foreign ship will have departed beyond the limits therein mentioned, it shall be lawful for the Board to detain such ship until such time as will allow such application to be made and the result thereof to be communicated to such Judge; and the Board shall not be liable for any costs-or damages in ~espect of such detention, unless the same is proved to have been made without reasonable grounds.

380,

I n any action, suit, or other proceeding in relation to such injury, the person so giving security, as aforesaid, shall be made defendant or defender, and shall be stated to be the owner of the ship that has occasioned such damage, and the production of the order of the Judge, made in relation to such security, shall be con- clusive evidence of the liability of such defendant or defender to such action, suit, or other

PART

44"

& 45' VICTORIE, No. 237

M a ~ i n e Board and Navigation Act.-1881.

-*I_- __ ^_*--___.I - -

PART X. PART X.

MISCELLANEOUS.

Misconduct by Passengers in Steams h@s.

381.

The following offenders, that is to say- Penalties on drunken or disorderly

passengers.

I. Any person who, being drunk or disorderly, has been on that account ref used admission into any duly-surveyed steam- ship by the owner, or any person in his employ, and who, after having had the amount of his fare (if he has paid the same) returned or tendered to him, nevertheless per- sists in attempting to enter such steamship :

11. Any person who, being drunken or disorderly on board any such steamship, is requested by the owner, or any person in his employ, to leave the same at any place in the pro-

~ i n c e at which he can conveniently so do, and who, 1:laving had the amount of his fare (if he has paid the same) returned or tendered to him, refuses to comply with such request :

I I I. Any person on board any such steamship, who, after warning on persone molesting

by the master or any other officer of the steamship, molests passengers.

or continues to molest any passenger:

I V . Any person who, after having been refused admission into O n ~ e r ~ o ~ ~ f o r c i n g way on board.

any such steamship by the owner, or any person in his employ, on acconnt of such steamship being full, and who after having had the full amount of his fare (if he has paid the same) returned or tendered to him, nevertheless persists in attempting to enter the same :

On refusing to quit

v. Any person having got on board any such steamship, who upon being requested on the like account by the owner, or any person in his employ to lcave such steamship before thc same has quitted the place at which such person got on board, and who upon having the full amount of his fare (if he has paid the same) returned or tendered to him, refuse:; to comply with such request:

V I . Any perso11 who travels or attempts to travel in any steam- ^0. travelling without

ship without having previously paid his fare, and with paying fare.

intent to avoid payment thereof :

vi1. Any person who, having paid his fare for 8, certain distance, Or wilfully going beyond proper

knowingly and wilfully proceeds in any such steamship beyond such distance. without previously paying the additional fare for the additional distance, and with intent to avoid payment thereof :

v I 11. Any person who knowingly and wilfully refuses or neglects

,

^{refusing to nuit}

ship on reaching hiq

i n arriving at the point to which he has paid his fare, to a estination.

quit any such steamship : and,

?S. Any

Or hot exhibiting ticket or receipt when required.

Penart for i n j u h g

,.,g,,

^OT

molesting crew.

Manner of appre- hending off enders.

Penalty on person8 refusing to give their names and address.

44'

&

45' VICTORIJE, No. 2 3 7

Marine Board and hTnv(qutiun Act--1881.

IX. Any person on board any such steamship who does not, when required by the master or other officcr of such stcam- ship, either pav his fare or exhibit such ticket or other receipt (if any) showing thc yaymeut of his fare as is usuallv given to persons travelling by and paying their fare f i r such steam ship :

Shall, for every suhh offmce, be liable to a penaltv not exceeding Five Pounds ; but such liability shall not prejudice 'the recovery of any fare payable by him.

382.

Any person on board any such steamhip who wilfully does or causes to be done anything in such a manner ns to obstruct or injure any part of the lriachinery or tackle of such steamship, or to obstruct, impede, or molest. the crew or any of them in the naviga- tion or management of such stcamship or othcrwisc: in the execution of their duty upon or about suci~ st~>;lmship. shall, f o r every such off'encc~, be liable to a penalty not exceeding Twenty Pounds.

383,

I t shall he lawful for the master or other officer of any duly surveyed stcamship, and for all persons called by him to his assistance, to detain any person who ^{~ I R S} (*onmitted any offencc against any of the provisions of the two last preceding wctions of this Act, and whose name and address are irnlinown to such officer, and to convey snch offender, 'vith a11 coriwnient clisl~atch. before some Justice, without, a n y warrant or other authority than this Act;

and such Justice shall h a w jm~.isdiction to try the case, and shall proceed, ~vith all convenient dispatch, to thr hearing and deter- mining of the complaint against such offender.

38.2.

Every person who, having committed any of the offences mentioned in sections 3S1 and 382, or eithcr of them, refus~s, on application of the master of the ship, or of any other person in the employ of the owner thereof', to give his name and address, or who on such application gives n false lianzc or address, shall iucur a penalty not exceeding 'I'wcnty Pounds, to bc paid to the said owner.

Power to refuse or

385.

Tho master of an]- coast-trade steamship may refuse to

remove passengers receive on board thereof any person who, by reason of drunkenness

who are drunk or mia-

conducttheruaelves. or otherwise, is in such a stxtc, or rliisconducts himself in snclr ^a manner, as to cause annoyance to other passengers on board, or, if such person is on board, may put him on shore a t any convenient place ; and no person so refused admittance or put on shorc shall be

entitled to the return of any fare he may have paid.

Restriction on deposit

386.

If ally person commits any of the: foll0IVin~ offences so as,

Of b.

Or rubbiahh. in the opinion of the Board, to be or t,eiid to the injury of naviga- tion, that is to say-

I. Casts or causes to be cast, or suffers to fall, either from on board

44'

&

45' VICTORIR, No. 237.

Marine Board and hTavigation Act.-1881.

board ship or from land, any ballast, rock, stone, slate, ^{PART X.}

shingle, gravel, sand, earth, cinders, rubbish, or other substance or thing, on any tidal land, or into any port o r tidal water, or into the sea below low watermark within

two nautical leagues thcrcof : or,

Ir. Casts or causes to be cast, or suffers to fall, any such sub- stance or thing on land in a position whci+e thc same may be liable to fall or descend or bc carricd or washecl down bv orcliilary or high tides, or bv any stream or flow of m;atcr, or by a n y storm or flood, or otherwise, into any port or tidal wdtes, or into the sea : or,

I rr. Casts or places, or leavcrs or cavses to be cast, placed, or left, any ship or boat laid Iry or ncglcctecl as unfit for sea service, any floitting or other tin~her, or any other thing, on any tidal lnncls, or ill any port or titlal water, or in tho sea:

IIe shall for each offence incur a penalty not exceeding Fifty Pounds, and shall also b o liable t u pay the expcnscs incurred by the Board in thc removal of any such hnhstnncc or thing,

387.

I t shall bc the duty of the rnastcx., officer. ^01- person, in SO far as is r n m i s t ~ n t w ~ t h safely, person in

charge of any ship rcgistcrcd in thc povin(.e. if and so far us he _{of ship} can do SO I\ itliout rlaiigcr to his own ship, cre ^W a n d pssengers (if go tothe assistance of

another ehip in d ~ s -

any), to porcccl to thc awistance of any othrr shi 1) rn distress, or tress.

that Inay be flying ilny of thc usual signals of distress, and to save or endeavor to save or assist in saving the life or lives of any person or persons un boald any such ship, or on any boat, o r on any wreckage hrlonging o r near t o any such ship ^01. boat,; nn.d if any such master or olficer. s l d l kno\vingl y or wilfully corn m i t a breach of this p ~ ~ v i s i o n he shall be deemed to be guilty of an offence within thc rnc.auing of' section 136 of this Act, and ixay be proceeded against and dealt w i t h itccordingly

.

388,

The municipal rorporation of any town, bcing a seaport Corporation, &C.,

may grant sites for

in the colony, and aoy bodv corporntc, association, or trustees in any ^{.ailorS. home..}

such seaport, exist ink or ciastitu ted for any public purlloses relating to tlic govcrnn~cnt or Benefit of' persons engaged in the merchant;

servicc, or to thc n~anagcmcnt of docks aud harbors, or fur any other public purposes coiincctcd with shipping or navigation, may, with the consent' of the Governor, appropriate any lands vested in thcm, or in trustetls for them, as a site or sites for a sailors' home or sailors' hoincs, and may for that purpose either retain and apply the samc accordingly, or convey the same to trustees, with such powers for appointing new trustees 2nd con- tinuing the trust ^{A S} they think fit.

*

389.

Tho name and address of thc managing uwner for the time ^{Name of ship's}

being of every ship registered at any port or place in the provillcs ^{~ $ ~ ~ f ~ ~ ~ $ ~ d ,} shall be registered a t the C h t o m House cf the ship's port or