All such nominations shall be made and certified to the Governor on or before a day to be named in a notice in the Government Gazette, signed by the Treasury, calling on the said bodies or persons to exercise their respective rights under this section before the day so named: Provided that if the said bodies or persons, or any of them, shall not exercise their respective rights of nomination either under this or the succeeding section of of this law, before the days mentioned in the relevant notices. mentioned in the foregoing sections, these powers of appointment shall, for the time being, cease, and it shall be lawful for the Governor to appoint a Warden or Wardens, who shall hold office during the same period, and in all respects as he was appointed by appointment of such bodies or persons failing as aforesaid.
Owners of ships, whether individuals or bodies corporate, Qualifioatio* of
IIO WM or signed under the direction of the Board, and purporting to be sealed. Such forms shall be stamped with the seal of the Board, or shall be marked with any distinctive seal authorized by the Board.
The examination of, and issue of, certificates of competency or service to masters, mates, and engineers of ships
They may inspect any boat's equipment, or material8 on
They may board and inspect any such ship or vessel for the purpose of inquiry or report. To determine the fees and charges to be levied or paid in respect of various matters authorized by this Act.
The fees payable upon all engagements and discharges PAET' 11
Any such agreement shall be in writing or in print, or in part in writing and in part in print, and shall be signed by the contracting parties in the presence of a Superintendent of Mercantile Marine. Any such agreement, if entered into in the manner required by this section, shall be valid and binding on all contracting parties, notwithstanding anything contained herein to the contrary.
- Every person who fraudulently alters, assists in fraudulently P*af 11- altering, or procures to be fraudulently altered, or makes, or assists in penale fir
- Where a proceeding is instituted in or before any Court in Power of C O to ~
- I n the case of all foreign-going ships and intercolonial ships Di~chawg- foreign-going shipa
- A seaman's right to wages and provisions shall be taken to commence either a t the time at which he commences work or at the
- The right to wages shall not be dependent on the earning of Ir*
- No seaman or apprentice shall be entitled to wages for Wweanot to accrue during refusal to work
- The master or owner of every ship shall pay to every seaman Pes~dwithin which wages ara to be paid
- Every
The master of the ship may deliver the statement of wages mentioned in subsection I of this section to the seaman himself, at or before the time he leaves the ship, instead of delivering it to a chief inspector of the merchant marine. And will ensure that such entry is confirmed by a helmsman and by one of the crew members.
They may, in their discretion, refuse to pay or deliver any such wages or effects as aforesaid to any person claiming
- Every
If his allowance is reduced by an amount not exceeding one-third of the amount specified in the agreement, an amount not exceeding Fourpence per day. Any such place shall be kept clear of stores or goods of any kind, not the personal property of the crew, in use during the voyage. Re is found to have been convicted of any offense for which his certificate under said court should be canceled or suspended.
For the purposes of sub-section I of the last preliminary QUO of the Court dated. section, the quorum of the Court of Maritime Inquiry consists of the Maine Inquiry. a. Except where the judge judges alone, one nautical or engineering assessor agrees with the judgment of the court. All such rules shall be under the hand of the judges constituting them and under the seal of the Supreme Court, and shall be published in the Government Gazette and shall have effect from the date of such publication.
The costs (if any) of the investigation will be determined by the Court, according to a scale of fees to be determined by the Council, and will be paid by the master or owner of the ship. I to the owner or captain of the ship, not less than forty-eight.
VICTORIE,
Every case of death happening on board, and of the cause thereof
The Board, or any detention officer appointed as hereinafter mentioned, if he or they have reason to believe, on complaint or otherwise, that a ship is unsafe, may provisionally order the ship for the purpose of being surveyed. Before the order for final detention is made, a copy of the report shall be served by the Board on the master of the ship: and, within seven days^ after such service, the owner or master of the ship may in the prescribed manner appeal to a Meetings Court (hereinafter referred to) at the port where the ship is detained. The clerk of the Local Court nearest to the port where the ship is detained, or any other person than the Special Magistrate may appoint, is the clerk of the Surveyor's Court.
I V, the Special Magistrate shall have the same power as the Board has to order the release or final detention of the vessel; but if one of the assessors agrees to an order for the detention of the vessel, the vessel shall be released. If a vessel is permanently detained under this Act, or if it appears that a vessel temporarily detained was, at the time of such detention, unsafe within the meaning of this i4ct, the owner of the vessel shall be. A copy of the order for the temporary detention of the vessel shall be delivered forthwith to the consular officer for.
For such appeal, the Court of Inquiry shall report to the Board on the matter raised by the appeal and to the Board, when it is satisfied that the requirements of the report and other provisions of this law and the above acts have been met. , can-. If, in the event of any such equipment being accidentally lost or injured during the voyage, the master willfully neglects to replace or repair the same in the first instance: or.
204. The
A general account of the quantity and nature of the cargo at the time the salvage services were rendered
The values at which the said master estimates the said ship, cargo and property for the freight respectively, or, if he thinks fit, in lieu of such estimated value of the cargo, a copy of the ship's manifest. The amounts that the master believes should be paid as salvage for the services rendered. An accurate list of the saved property, in case the ship is not saved.
An account of the proceeds of the sale of the said ship, cargo, or property, in case the same or any of them are sold in such port as aforesaid.
Any other circumstances he thinks relevant to the matter in question
P respect for salvage services provided in the province is finally an era for Coutta. Court, to be dealt with there as the Court may direct, and for the purposes aforesaid may issue such orders or other processes as it thinks fit.
PART V
To extend the provisions of the Fifth Part of this Act, and TO make pilotage compulsory at any
And all regulations made in the exercise of the powers conferred shall be subject to the approval of the Governor. And this will be the duty of the driver or owner of this master pilot. Adelaide or any port of the said Province to which the provisions of the fifth part of this Act may be extended by the Board, shall be liable to a penalty of not less than five pounds nor more than fifty pounds.
11, When the ship is in distress or in circumstances requiring the master to avail himself of the best assistance that can be found at the time: or,. To change the moorings of any ship in port or to admit her to or from any dock, in cases where such act can be performed by an unqualified pilot without contravening port regulations. At the master's request, he refuses to take the ship for which he is responsible to any port or place to which he is qualified to command, except on reasonable grounds of danger to the ship.
For any such violation, in addition to any liability for damages at the request of the injured party, a fine of not more will be incurred. To acquire and purchase any land which may be necessary for the above purposes, or for the maintenance of the works or the residence of the luminaries.
PART VII
Every person who, before the first day of January, one Mate, coaat-trade
- Nor to the keeping of explosives or explosive substances in Nor in any of magazines
And the importer thereof who willfully neglects to report the importation of such explosives to the Council within twenty-four hours of the arrival of the said ship at such port, shall be liable to a fine not exceeding Tcn Pounds. The Council may from time to time, with the consent of the Governor, define for the purposes of this Act the composition, quality and nature of any explosive, and classify explosives. To facilitate the detection of the keeping and transportation of explosives, contrary to the provisions of this law.
All offenses under this Act not otherwise provided for shall be summarily punishable under the provisions of Regulation No. Any person who obstructs the service of an order, notice, statement or document on the master of a ship shall be punished with a criminal act. A fine not exceeding ten pounds, and if the owner or master of the vessel is a party or has knowledge of such obstruction, he shall be guilty of an offence. It shall be lawful for the Board of Trade, if it considers that the judge of the case so requires, to issue and return any certificate which has been revoked or returned.
Each of these lights shall be of the same construction and character, and carried in the same position, as the white light which other steamships are required to carry. Where, according to the above rules, one of the two ships must keep out of the way, the other must keep her course.
