The Harbors Act.-1913. default of obtaining such certificate before such ship leaves, such master, officer, or person shall be liable to a penalty not exceeding Fifty Pounds. PART II. DIVISION X. such. 121. If any person acts, or purports to act, as a surveyor of the Persons not to act as hull or cargo of any vessel, or of any part of the hull or cargo of any unless licensed as ships' surveyor vessel, without being licensed, pursuant to the regulations, as a surveyor of the hulls and cargoes of vessels, under a licence which is for the time being in force, he shall be liable to a penalty not exceeding Twenty Pounds. s. 322. 122. (1) Whenever any fire or light is burned or exhibited at such Prevention of false place or in such manner as to be liable to be mistaken for a light lights. proceeding from a lighthouse, light buoy, or light beacon, the Act 287, 1881, Board may serve a notice upon the owner or occupier of the place where the fire or light is burned or exhibited, or on the person having the charge of such fire or light, either personally or by delivery at the place of abode of such owner, occupier, or person, or by affixing the same at some conspicuous spot near to such fire or light, and by such notice may direct such owner, occupier, or person, within a reasonable time, to be therein specified, to take effectual means for the extinguishing or effectually screening of such fire or light, and for preventing for the future any similar fire or light. (2) Any owner, occupier, or person disobeying or failing to carry Penalty for not out the directions of such notice shall be deemed guilty of a common obeying notice. nuisance, and, in addition to any other penalties or liabilities of any kind thereby incurred, shall be liable to a penalty not exceeding One Hundred Pounds. lights. (3) If any owner, occupier, or person served with such notice as If not obeyed, aforesaid neglects for a period of two days to extinguish or effec- may abate such tually screen the fire or light therein mentioned, the Board, or any person authorised by the Board, may enter upon the place whereon Ibid., s. 323. the same is, and forthwith extinguish such fire or light, doing no unnecessary damage; and all expenses incurred in such entry and extinction may be recovered from such owner, occupier, or person as aforesaid in the same way as penalties imposed under this Part are recoverable. 123. If any person (a) Knowingly makes, in any document produced to any person (b) Knowingly misleads any person on whom any duty is (c) Refuses to answer any question lawfully put to him for any (d) Refuses Misleading, refusing assistance to, or bribing officers. Cf. W.A. Act, 17, 1902, s. 74. PART II. DIVISION X. Cf. ibid., s. 73. Penalty where not specifically provided. Ibid., s. 73. DIVISION XI. Actions against Summary procedure for offences. What shall be sufficient averment. The Harbors Act.-1913. (d) Refuses to give all reasonable assistance to any person who is carrying out any duty or power imposed or conferred upon him by or under this Part; or (e) Gives or offers any bribe, recompense, or reward to, or makes or offers to make any collusive agreement with, any officer or any person performing any duty under this Part, to induce him to do or omit to do anything relating to his office or duty, or for the purpose of gaining an undue preference in the execution of such office or duty; or (f) By acts, threats, demands, or promises, molests or influences, or attempts to molest or influence, any officer or person in the discharge of any duty under this Part; he shall be liable to a penalty not exceeding One Hundred Pounds, or to imprisonment not exceeding twelve months, with or without hard labor. 124. If any person (a) Fails, refuses, or neglects to do, or in any manner obstructs, impedes, or interferes with the doing of anything enjoined or authorised by this Part; or (b) Wilfully does anything prohibited by this Part; or (c) In any other respect offends against any of the provisions of this Part, he shall, where no other penalty is in that behalf specifically provided, be liable to a penalty not exceeding Fifty Pounds. DIVISION XI.-LEGAL PROCEDURE. 125. All actions to be brought against the Board or any other officer or person for anything done under this Part shall be commenced within six months after the act complained of was committed. 126. Any proceedings for any offence against this Part, not being an indictable offence, may be heard and determined in a summary way by any Special Magistrate or two Justices, under the Ordinance No. 6 of 1850, or any other Act for the time being in force relating to the duties of Justices with respect to summary proceedings; and all convictions and orders may be enforced as by the said Ordinance, or in any other Act as aforesaid, is provided. 127. In any proceedings for any offence against this Part, the averment that such offence was committed within any harbor, or W.A. 17, 1902, s. 76. within the limits of the jurisdiction of the Board, shall, without proof of the limits of such harbor or of such jurisdiction, be sufficient evidence that it was committed (if at all) within such harbor or within the limits of such jurisdiction (according to the nature of the case), unless the contrary is proved. 128. The The Harbors Act.-1913. PART 11. DIVISION XI. 128. The time for instituting summary proceedings under this Limitation of time Part is limited as follows: in summary proceedings. S A. 237, 1881, 1. No conviction for any offence shall be made under this Part s. 374. 11. No order for the payment of money shall be made under And no provision of any other Act for limiting the time within which paid to be leviable by distress on ship. Ibid., s. 372. 129. In any case where any Court, Magistrate, or Justices have Sums ordered to be power to make an order directing payment to be made of any penalty or other sum, then, if the party directed to pay the same is the master, or owner, or agent of a ship, and the same is not paid at the time and in manner prescribed in the order, the Court, or, if the order was made by a Magistrate or Justices, the same or any other Special Magistrate or two Justices, may, in addition to any other powers for the purpose of compelling payment, direct the amount remaining unpaid to be levied by distress or impounding and the sale of such ship and her tackle. 130. Any document required by this Part to be executed in the presence of, or to be attested by, any witness, may be proved by the evidence of any person who is able to bear witness to the requisite facts, without calling the attesting witnesses or any of them. Document proved attesting witness. without calling in certain cases. 131. The production of the Government Gazette in which is Gazette to be evidence published anything purporting to be a proclamation, notice, regulation, by-law, appointment, or other matter, under this Part, Ibid, s. 397. shall be taken to be prima facie evidence in all Courts and before all persons of the contents of such proclamation, notice, regulation, by-law, appointment, or matter, and of all such facts and circumstances as were or are necessary to authorise the issuing or making thereof; and every such proclamation, notice, regulation, by-law, appointment, or matter shall be taken in all Courts and by all persons as prima facie evidence that the same has been issued or made in conformity with this Part. 132. Documents PART II. DIVISION XI. Contents of books may be proved by certified copies. Representation of Board in cases of insolvency. Representation of The Harbors Act.-1913. 132. Documents sealed with the seal of the Board, and certified by any Commissioner or by the Secretary to be true copies of or extracts from any book, shall be received as sufficient evidence in all Courts and before all persons of the contents of such book, or of so much thereof as such extracts purport to contain. 133. In the event of any person against whom the Board has any claim or demand being adjudicated insolvent, or making a statutory assignment for the benefit of or a composition with his creditors, any person authorised by the Board in that behalf under their seal may represent the Board in all proceedings relating to the insolvency, assignment, or composition, as if such claim or demand had been the claim or demand of the person so authorised. 134. In all proceedings before Justices or any Magistrate or Justices and in Local Local Court, any person authorised by the Board in that behalf under their seal may represent the Board in all respects as though such person had been the party concerned. Court. Offenders may be prosecuted under other Acts. Service of document on Board. Service of order on master. Act 237, 1881, 8. 376. Penalty for obstruct- 135. When an offender is punishable under the provisions of this Part, and also under the provisions of some other Act or law, he may be prosecuted and convicted under the provisions of this Part or such Act or law, provided that he is not punished twice for the same offence. 136. Where any summons, process, demand, order, notice, statement, or document requires, for the purpose of any provision of this Part, to be served on or delivered to the Board, the same may be served or delivered by delivery to the Secretary, or by leaving the same at the office of the Board with some person employed thereat. 137. Where any summons, process, demand, order, notice, statement, or document requires, for the purpose of any provision of this Part, to be served on or delivered to the master of a ship, the same may be served or delivered as follows: (a) By delivering it to the master or to the person who, at the time is, or appears to be, in command or charge of the ship; or, (b) If no master or such person can be found on the ship, by affixing a copy thereof to the mast of the ship or, if it has no mast, then on some conspicuous part of the deck of the ship. 138. Any person who obstructs the service or delivery of any summons, process, demand, order, notice, statement, or document on the master of a ship, whether by any of the methods prescribed by section 137 or otherwise, shall be liable to a penalty not exceeding Ten Pounds, and if the master or owner of the ship, or the agent of the owner, is party or privy to such obstruction, such master, owner, or agent shall be guilty of a misdemeanor. 139. Except The Harbors Act.-1913. 139. Except where otherwise specially provided by this Part, any summons, process, demand, order, notice, statement, or document required for the purpose of any provision of this Part to be served on or delivered to any person may be served or delivered by delivering a copy thereof personally to such person, or by leaving the same at his last known place of abode in the State. PART II. DIVISION XI. Method of service where not specially provided for. 140. Whenever it is necessary, in any proceedings for any offence Proof of service. against this Act, to prove service or delivery of any summons, process, demand, order, notice, statement, or document, an affidavit of the service or delivery thereof, sworn before a Commissioner for taking affidavits in the Supreme Court, or a declaration of the service or delivery thereof made before a Justice, shall be sufficient proof of such service. 141. Any demand, notice, statement, or other document given Authentication of by the Board under the provisions of this Act shall be sufficiently notices, &c. authenticated if signed by any Commissioner or the Secretary, and N.S.W. Act 1, 1901 need not be sealed with the seal of the Board. s. 98. 142. Any officer or servant appointed under this Act, and all per- Transient offenders. sons called by such officer or servant to his assistance, may seize and Ibid, s. 99. detain any person who has committed any offence against this Part, and whose name or residence is unknown to such officer or agent, and convey him with all convenient dispatch before a Special Magistrate or any two Justices, without any warrant or authority other than this Act, and such Magistrate or Justices shall proceed, with all convenient dispatch, to the hearing and determining of the complaint or information against such offender. 143. (1) There shall be an appeal (a) From any order of Justices or a Special Magistrate, (2) Such appeal shall be to the Local Court of Adelaide in its Full Jurisdiction. (3) Such appeal shall be regulated by Ordinance No. 6 of 1850, or any Act for the time being in force as to appeals from Justices. (4) Such Local Court may make such order as to costs as it thinks just, and the amount of costs ordered may exceed Ten Pounds. Appeal to Local Court from order made by Justices. 144. (1) Such Local Court may state a special case for the Local Court may opinion of the Supreme Court. (2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs, as to the said Court appears just. (3) The state a case for opinion of Supreme Court. |