berths not to be 24. Every passenger arriving after a voyage exceeding in 28 VICTORIA, length fourteen days in any port in Victoria shall be entitled to No. 255. remain on board the ship in which he arrived for at least forty-eight Passengers to be hours next after his arrival, and during that time to be provided for maintained and and maintained in the same manner as during the voyage; and no removed for berth occupied by such passenger during the voyage shall be taken after arrival. down until forty-eight hours after the arrival of the ship, unless in 18 & 19 Vict. the further prosecution of her voyage such ship shall quit the port b. s. 23. within the last-mentioned period." forty-eight hours c. 119 s. 57. passengers. 25. If the owner charterer or master of any such ship shall compensation to within seven days after arrival as aforesaid neglect or refuse to deliver to any passenger his luggage and tools of trade aforesaid on board such ship, or until such delivery neglect or refuse to maintain and support such passenger, such passenger or the agent of such passenger authorized in writing may make complaint on oath against the owner charterer or master before any justice; and such justice is hereby authorized and required to issue a summons requiring the attendance of the owner charterer or master to answer such complaint; and thereupon any two justices may hear and determine in a summary way any such complaint and award such damages for any such detention neglect or refusal and such costs as to them may seem just and reasonable. Provided however that the sum awarded shall not in any case exceed the sum of twenty-five pounds. be renewed after seven days. 26. If after the expiration of seven days from the first adjudi- Application may cation by justices such luggage or tools of trade shall not have been duly delivered to the passenger or his agent, such passenger or his agent may renew his complaint and thereupon such justices may order the delivery of such goods or tools within forty-eight hours; and failing such delivery and on proof thereof and that application If delivery not has been personally made by the passenger or his agent for delivery forty-eight hours thereof, the justices may proceed to ascertain the value of such justices to inquire luggage or tools of trade and make their award by way of value and perty and award compensation for the loss thereof accordingly, such sum awarded not pensation. exceeding twenty-five pounds. made within into value of pro value and com recovered by dis 27. If the owner charterer or master of any ship shall neglect Award may be or refuse to pay such sum awarded and costs, the same may be reco-tress and sale. vered by distress and sale of his goods and chattels; and in the event of no sufficient distress being found, by imprisonment of the owner charterer or master of the said ship for a period not exceeding three months. 28. Proceedings may in all cases be taken against the master Master charterer charterer or owner of such ship; and such costs in all cases awarded or owner liable. as to the adjudicating justices may seem meet either for the plaintiff or defendant. other remedy. 29. Any person making complaint and having compensation complaining awarded to him as aforesaid is and shall be debarred any other party debarred remedy now allowed by law for the recovery of such goods, if the justices adjudicating shall so order; and such order may be pleaded in bar to any action suit or proceeding for or relating to such luggage or tools against such owner charterer or master of such vessel. 28 VICTORIA, No. 255. 30. The master of every ship upon arrival at any port in Victoria shall afford to the immigration officer or assistant immigration officer thereat every facility for inspecting such ship, and for comevery facility for municating with the passengers, and for ascertaining that the provisions of this Act have been duly complied with. Master to afford inspection &c. Master to exhibit list of passengers. 18 & 19 Vict. c. 119 s. 100. Eleventh No person to leave ship before inspection. Passenger list to be delivered to collector of customs. Penalties for with provisions of Act. 31. The master of every ship as aforesaid shall exhibit to such immigration officer or assistant immigration officer as aforesaid the master's list required by "The Passengers Act 1855" aforesaid; or if he have no such list, or if the said Act do not extend to such ship, then a list of the passengers including the cabin passengers made out according to the form contained in the Eleventh Schedule hereto; and the said officer shall have power to muster the passengers and to ascertain whether the said list is in all respects true; and shall indorse upon the said list a certificate of the correctness or incorrectness thereof and of any violations of this Act or "The Passengers Act 1855" aforesaid which may have been reported to him by any passenger, and also a report specifying whether any of the passengers by the said ship are lunatic idiotic deaf dumb blind or infirm, and if so whether in the opinion of the said officer they or any of them are likely to become permanently a charge upon the public or upon any public or charitable institution; and shall forthwith return the list so endorsed to the master. 32. Until the list of passengers indorsed as aforesaid shall have been returned to the master, no person whatever shall be allowed to leave the ship. 33. Within twenty-four hours after the return of such list so indorsed to the master, he shall deliver it to the collector or other proper officer of customs. 34. If the owner charterer or master of any such ship as aforenon-compliance said shall neglect to maintain any passenger as herein provided during forty-eight hours after arrival, or shall within such time contrary to the provisions of this Act take down any berths occupied by passengers during the voyage, or shall refuse to afford such officer as aforesaid every facility for such inspection as is herein required, or shall refuse to exhibit when called upon the list of passengers, or shall wilfully exhibit a false list, or shall permit any person to leave the ship until such list duly indorsed shall have been returned to him, or shall omit to deliver such list within twenty-four hours as aforesaid, or shall refuse or neglect to land such passengers with luggage and tools as aforesaid, then for every such offence the owner charterer or master as the case may be shall be liable to a penalty not exceeding twenty pounds. Property of persons who have died on voyage for. 35. If any passenger shall die during any voyage from any port or place out of the limits of Victoria to any port within such limits, to be accounted and no claim shall be made within seven days after arrival to the money goods or effects (if any) of such passenger by some person lawfully entitled thereto, the master shall within fourteen days after arrival collect and pay over to the immigration officer at the port of arrival and fully account for all such moneys goods and effects; and if the said passenger have died intestate, the said immigration officer shall pay over the same to the curator of intestate estates; No. 255. and otherwise the said immigration officer shall hold the same in 28 VICTORIA, trust for the persons lawfully entitled thereto; and if the master neglect so to collect pay over and fully account for such money goods or effects, he shall be liable to a penalty not exceeding one hundred pounds in addition to the value of such money goods or effects. (4.) Bonds for Support of Imbecile Immigrants. for passengers 36. If the immigration officer or assistant immigration officer Rond to be given shall certify that any passenger shall have arrived in Victoria on lunatic &c. board any ship as aforesaid being either lunatic idiotic deaf dumb blind or infirm and likely in his opinion to become a charge upon the public or upon any public or charitable institution, the immigration officer shall require the owner charterer or master of such ship within seven days after her arrival to execute with two sufficient sureties jointly and severally a bond to Her Majesty in the sum of one hundred pounds for every such passenger, conditioned to pay to the Treasurer of Victoria all moneys or expenses which shall or may be laid out or incurred within the space of five years from the execution of the said bond for the maintenance or support of such passenger; and the said sureties shall justify before and to the satisfaction of the said immigration officer, and shall by their oath or affirmation satisfy him that they are respectively residents in Victoria, and each worth treble the amount of the penalty of such bond over and above all their liabilities. report as to 37. If any passenger for whom any bond shall have been given Principal immias aforesaid shall at any time within five years from the execution gration agent to thereof receive maintenance or support from any public or charit- forfeiture. able institution in Victoria, the payment incurred for the maintenance and support of such passenger shall be provided for out of the money collected in or under such bond to the extent of the penalty therein mentioned or such portion as shall be required for the payment of such maintenance or support; and it shall be the duty of the principal immigration agent upon representation made to him to ascertain the right and claim of the Treasurer of Victoria to payment of the amount so expended for the maintenance and support of any such passenger, and to report the same to the Governor in Council; and the said report shall be conclusive in the matter and shall be evidence of the facts therein stated; and such bond may be put in suit and the penalty or as much thereof as shall be required to defray the expenses of such maintenance or support may be recovered by suit or information on behalf of Her Majesty and in the name of a law officer in any court of competent jurisdiction. bond. 38. If the owner charterer or master of any ship on board Penalty for rewhich such passengers specially reported shall have been carried fusing to execute shall neglect or refuse to execute a bond as aforesaid within seven days after being so required as aforesaid, he shall be liable to a penalty not exceeding one hundred pounds sterling in addition to his liability under the said bond; and such ship shall not be cleared out until the said bond shall have been executed and the said penalties shall have been paid. to Government 39. The provisions of this and of the last two subdivisions of Act not to extend this Part except such portions thereof as apply to the property of immigrants &c. No. 255. 28 VICTORIA, persons who may have died on the voyage shall not extend to immigrants brought to Victoria at the public expense, nor to shipwrecked mariners brought to Victoria without charge by the master of some other ship than that in which they were wrecked, nor to the crews of ships who shall have signed articles for the whole voyage, nor to Her Majesty's land and sea forces. Governor in Council may frame rules. Ballast &c. not to be thrown into port or landed. Trees in and over navigable creeks and rivers to be removed. Goods not to be left on wharf. PART II.-PORT AND WHARFAGE REGULATIONS. 40. The Governor in Council by proclamation published in the Government Gazette may from time to time define the limits and boundaries of ports in Victoria, and frame rules and regulations for the governance and preservation of the said ports respectively and for the regulation of shipping in the same, and also for the due protection and preservation and the good government and management of all public wharfs, and may appoint officers to carry out and enforce such rules and regulations; but no rules or regulations made as aforesaid respecting any public wharf shall have any force or validity to repeal or affect any by-law passed by the corporation of the city of Melbourne or of the town of Geelong or by the council of any borough district or shire for preventing obstruction and encumbrances in and upon any wharf within the limits of such city town borough district or shire; and any such limits boundaries rules and regulations may from time to time be in like manner altered amended or repealed and others substituted in their stead. 41. Any person who shall throw or cause to be thrown into any port in Victoria any ballast rubbish gravel earth stone wreck filth or refuse, or shall land or cause permit or suffer the same to be landed on any quay or other part of such port except at the places appointed for the purpose by the port officer or the harbour master thereof, or shall not when required by such port officer or harbour master remove any such ballast rubbish gravel earth stone wreck filth or refuse placed or landed at or on any such quay or other part of any such port, shall on conviction forfeit any sum not less than one pound and not exceeding ten pounds. or 42. If any tree be felled on the banks of any navigable creek river so that any part of such tree shall be in or over the water or within high water mark and the same be not removed within ten days after having been so felled, the owner or occupier of the land on which any such tree shall have been cut shall for every tree so cut and not removed forfeit and pay any sum not exceeding ten pounds. 43. If any goods be left upon any public wharf or quay for more than twenty-four hours, the Collector or proper officer of Customs may cause a written notice requiring the removal of the same to be served upon the owner or consignee thereof personally or by leaving such notice at his residence or place of business and if no owner or consignee thereof can be found, may cause such notice to be posted upon or affixed in some conspicuous manner upon such goods; and if such goods be not removed by the owner or consignee within three days, the said Collector or proper officer may cause such goods to be removed and an advertisement to be published in some newspaper circulating in or near the port where the said goods No. 255. were left, describing them as far as practicable by the ship time of 28 VICTORIA, deposit and supposed owner or consignee thereof and requiring the removal thereof: [and in case such goods shall not be claimed and removed and all wharfage duties and penalties to which such goods are liable and the expenses of removing warehousing and advertising the same paid within seven days after the publication of such advertisement, the said Collector or proper officer may cause the same to be sold by public auction, and out of the clear produce of the sale thereof retain all such duties penalties and expenses and pay the overplus thereof to the Treasurer of Victoria for the benefit of the person who may be entitled thereto; and if such overplus be not claimed within two years from the receipt thereof by the said Treasurer the same shall form part of the consolidated revenue. 44. If any person shall remove or wilfully or through negli- Penalty for pergence injure or destroy any wharf jetty embankment light-house injuring beacons. light-ship or any buoy beacon land or sea mark used for the convenience of navigation or for the preservation of ships, every such person shall for every such offence forfeit any sum not less than two pounds nor more than one hundred pounds. cleared of vessels 45. If any ship be sunk stranded or run on shore in any port Ports to be within Victoria, or having been sunk shall be permitted so to sunk or stranded. remain, and the owner or master shall not clear such port of any such ship and of every part of the wreck thereof) within such time as the port officer harbor master or in their absence the proper officer of customs of or at such port shall by notice in writing require or shall not give security to the satisfaction of such port officer harbor master or officer of customs for the removal of such ship and wreck within such further time as the said port officer harbor master or officer of customs may appoint, any two justices are hereby In default to be authorized and required, upon the complaint of the said port officer removed or sold. harbor master or officer of customs, to issue their warrant for the removing such ship or wreck in such manner as such port officer harbor master or officer of customs shall direct, and for causing the same to be sold and out of the money arising from such sale to defray the expenses of such removal, paying the overplus (if any) to the owner of such ship or if he cannot be found to the Treasurer of Victoria on behalf of such owner; and if the money arising from such sale shall not be sufficient to defray the expenses aforesaid, the excess thereof beyond the proceeds of such sale shall be chargeable to the owner of the ship; and if not paid within twenty days after having been demanded by authority of the justices aforesaid shall be recovered as hereinafter mentioned. master to appoint ing and to remove 46. The port officer or the harbor master at any port in Victoria Power for port may appoint the place where any ships arriving in such port shall officer or harbor cast anchor or moor; and from time to time in his discretion or at places for moorthe request in writing of the master of such ship cause the same to ships. be removed from one place of anchorage or mooring to another or from any one quay or other part of such port to any other quay or part thereof and make fast such ship to any other ship and to any (a) The owner of a wreck in the port of Melbourne has the option of removing the wreck within a certain time or giving security for reVOL. III. L moval within a further time to be named by the harbor master.-Payne v. Fishley, 1 A.J.R., 122. |