No. 255. 28 VICTORIA, rope or fastening; and cause such other acts to be done as may in his discretion be required or advisable to facilitate such removal. And if any master shall remove his ship from any one place to any other in such port without the permission of such port officer or harbor master, or shall not cause his ship to be removed on being required by such port officer or harbor master, or shall by himself or any person under his command cut away or cast off any fastening or otherwise impede or obstruct such port officer or harbor master or their assistants in such removal, such master shall for every such offence forfeit and pay a sum not less than one pound nor more than one hundred pounds. Ships may be removed from discharging berth at expense of master &c. Mooring slipped may be weighed. Penalty for pilots neglecting or on 47. Any ship whose time at a discharging berth has expired and board which there shall not be sufficient men or the requisite tackle to enable her to be removed therefrom shall be removed by the port officer or harbor master, who may incur all necessary expenses in hiring men or tackle for that purpose; and no such ship shall be cleared at the Customs until such expenses shall have been paid. 48. If any anchor kedge or mooring shall not be weighed in any port of Victoria within twelve hours after it has been slipped parted or cut from and the permission in writing of the port officer or the harbor master of such port has not been previously obtained to allow such anchor kedge or mooring to remain unweighed, the port officer or such harbor master may cause the same to be weighed at the expense and risk of the owner or master of the ship to which such anchor kedge or mooring belongs, which expenses may be recovered as hereinafter mentioned. Provided that if the owner or master of such ship cannot be found or no buoy rope has been attached to such anchor kedge or mooring, the same shall be forfeited and sold; and the proceeds applied to the payment of such expenses, and the surplus if any shall form part of the consolidated revenue. 49. Every pilot licensed as hereinafter provided who shall rerefusing to take fuse neglect or delay to take charge of any ship unless upon good charge of ship. and sufficient cause to justify the same, or who shall quit any such ship or decline the piloting thereof after he has been engaged or before his services shall have been duly performed, or shall by drunkenness render himself incapable to conduct any ship, or shall by ignorance or from want of due care do any injury to any such ship or to the tackle or furniture thereof, shall on conviction forfeit any sum not less than five nor more than thirty pounds. Penalty on persons interfering with port officer harbor master or pilots in the discharge of their duty. * Sic. Penalty on masters and others for non-obser vance of port rules. 50. Any person who shall without due authority interfere with with* any port officer harbor master or pilot in the execution of his duty, or resist obstruct or impede him in the proper performance thereof, shall forfeit and pay for every such offence any sum not exceeding fifty pounds. 51. If the master of any ship or any person under his command or on board such ship, or if any pilot or other person shall fail or neglect to observe all or any of the rules or regulations to be framed as aforesaid, or shall do or commit anything contrary to the true intent or plain meaning thereof, such master for every such offence committed either by himself or such person under his com No. 255. mand or on board such ship and such pilot or other person for any 28 VICTORIA, such offence committed by himself shall forfeit and pay a sum not less than five pounds and not exceeding one hundred pounds. be paid. 52. There shall be levied and paid (irrespective of any duties Wharfage and of customs or other rates payable by law) upon the landing in Vic-harbors rate to toria of all goods, except goods belonging to Her Majesty's Government) passengers' luggage guano bones bone dust and live stock and goods arriving coastwise from any place within Victoria, La wharfage and harbors rate according to the scale of charges contained in the Twelfth Schedule hereto. Twelfth Schedule. inwards. 53. Every importer of goods shall at the time of making entry Payment to be of such goods deliver to the Collector or other proper officer of me on entry Customs a bill of entry in accordance with the provisions of any law now or hereafter to be in force relating to the customs and applicable to goods imported into Victoria; and shall pay to the Collector or other proper officer of Customs the wharfage and harbors rate on such goods according to the scale in the said twelfth schedule and no such bill of entry shall be received or acted upon by the proper officer of Customs for the purpose for which the same is intended unless there shall be written across the face of it a receipt signed by the Collector or other proper officer for the amount of the wharfage and harbors rate payable on the goods enumerated in such bill of entry; and the said Collector or other proper officer shall have power to demand the production of bills of lading and invoices relating to such goods. or agents to pass by consignees. 54. If any consignee of goods shall neglect or refuse to make Power to owners entry of such goods and pay the wharfage and harbors rates thereon, entries in case of the master of the vessel in which such goods are imported or the neglect or refusal owners of such vessel or their agents may after the expiration of three clear working days from the date of entry of such vessel (if a sailing vessel) or one clear day (if a steamer) at the custom-house pass entry for and pay the wharfage and harbors rate upon such goods, and may thereupon take possession of remove and bond or otherwise warehouse and safely keep the said goods, and shall have a lien on such goods and be entitled to sue for and receive the amount paid by him or them for and in respect of such entry and wharfage and harbors rate and all reasonable expenses incurred by him or them in respect of such possession removal bonding warehousing and keeping; and if the same be not paid within four months may sell such goods to reimburse himself or themselves such amount and expenses as aforesaid. dispute. 55. If any dispute shall arise as to the wharfage rates payable Rate to be deon any goods imported into Victoria, the importer consignee or his posited in case of agent shall deposit in the hands of the Collector at the port of importation the amount of the wharfage and harbors rate demanded by such collector; and such deposit shall be deemed and taken to be the proper rate payable with respect to such goods unless on appeal to the Commissioner of Trade and Customs the Commis (a) Persons contracting to "supply and deliver goods" for the use of H.M.'s Government are exempt from wharfage rates.-Reg. v. Bright, 2 W. W. & a'B. (L.), 184. See also 18 Vict. No. 9 s. 4, "Customs and Excise," ante, p. 590. 28 VICTORIA, Sioner who shall have full power to enquire into and decide such appeal shall decide to the contrary. No. 255. Unshipping carrying and landing porter consignee or proprietor. 56. The unshipping carrying and landing of all goods and of goods &c, to be bringing them to the proper place for examination and weighing at expense of im- and putting them into the scales opening unpacking repacking bulking sorting lotting marking numbering and measuring where such operations respectively are necessary or permitted and removing to and placing goods in a proper place of deposit until duly delivered shall be performed by or at the expense of the importer or consignee or proprietor. Appointment of pilot boards. Harbor master PART III.-PILOTAGE. (1.) Constitution of Pilot Board. 57. The Governor in Council may appoint a board to be called the Pilot Board of Victoria, and such board shall consist of the person for the time being filling the office of chief harbor master of one person selected by the majority of the licensed pilots and approved by the Governor in Council and of not less than two nor more than three persons not holding public offices of profit under the government appointed by the Governor in Council as aforesaid; and the names of all such members shall be published in the Government Gazette as they may from time to time be appointed. 58. The chief harbor master shall be president of the board; to be president. and the powers vested in the board may be exercised by any three members thereof; and at all meetings of the board the president shall have a vote and in case of an equality of votes a casting vote. 59. The Governor in Council may at the request of a majority remove members of the licensed pilots remove any member of the board selected by such pilots, and without any such request remove any other member of the board; and in the event of any vacancy by death resignation or otherwise a member shall be appointed in the same manner as the member whose seat may have become vacant. Governor in of board. Payment of members of board. Board may grant licenses. Certificate to trader. (2.) Functions of Pilot Board. 60. Any member of the Pilot Board not being the president shall receive out of the fund hereinafter mentioned the sum of two pounds for every day on which he attends at such board. 61. The Pilot Board from time to time may grant licenses to competent persons to act as pilots for any port subject to the rules and regulations hereinafter mentioned; and any unlicensed person acting as a pilot shall forfeit and pay a penalty of not less than five pounds nor more than one hundred pounds for every day on which he shall so act, to be recovered as hereinafter provided and to be received by the said board and to be appropriated in such manner as may be provided by the said board. 62. The Pilot Board may grant to the master of any ship emmaster of regular ployed in coasting only or actually trading between any port of Victoria and of any of the colonies of New South Wales Queensland Tasmania New Zealand Western and South Australia a certificate stating that he is competent to act as pilot to such ship, subject to such conditions and the payment of such fee to the board as shall 28 VICTORIA, be fixed by the rules and regulations hereinafter mentioned. No. 255. to alter pilotage. 63. The Pilot Board may fix the limits within which the rates Powers of board of pilotage hereinafter mentioned shall be payable; and appoint a scale of lesser rates for any shorter distance within such limits at which any such vessel may be boarded, and also a scale of rates for pilotage from any one part of any port to any other part thereof; and from time to time reduce such rates of pilotage as well as those set forth in the Thirteenth Schedule hereto, such limits and rates to Thirteenth be of force when approved of by the Governor in Council and published in the Government Gazette. Schedule. 64. The Pilot Board may from time to time make and alter or Board may make repeal rules and regulations for the conduct of business and the rules. regulation of their proceedings, for the examination of persons as to their competency to act as pilots, and (subject to the provisions hereinafter contained) for the equitable distribution of all rates of pilotage penalties and moneys amongst the pilots at the port where such rates were received or penalties or moneys recovered according to such classes degrees and proportions as such board may deem just, due regard being had to the services actually performed by each pilot, and for the management and government of such pilots and of all persons in their employ, for the order in which they shall perform their services, for the suitableness and sea-worthiness of their boats, and generally for all matters relative to the efficient discharge of their duties, and for the granting of certificates under the next but one preceding section of this Act. Provided that no such rule or regulation shall be of any force or effect until it has been approved by the Governor in Council. tions &c. by 65. The Pilot Board may enquire into any charges which may Punishments for be made against any pilot for any misconduct or breach of the afore-breach of regulasaid rules and regulations, and revoke or suspend his license and pilots. also, whether such license shall be revoked or suspended or not,] impose on him a fine not exceeding five pounds to be recovered by the order of any justice and to be received and appropriated by the said board; and the president of the said board shall have the same power to summon witnesses and administer oaths and take affir mations as any justice possesses. Provided that any pilot may appeal from any such decision to the Governor in Council who shall refuse or allow such appeal. 66. [Repealed and new provision substituted by 31 Vict. No. 312 s. 1, Passengers Harbors and Navigation (Amendment)," post, p. 2030.] furnished. 67. The accounts of all moneys received and disbursed by the Accounts to be Pilot Board shall be audited once at least in every year by the Commissioners of Audit, who shall have in respect to such accounts all the powers conferred on them by any law now or hereafter to be in force relating to the audit of the public accounts; and the Pilot Board shall once at least in every year furnish to the Governor in Council a true copy of the accounts so audited as aforesaid together with a particular statement of the sums received by such board for rates of pilotage and for penalties and other moneys and of the No. 255. 28 VICTORIA, expenditure thereof respectively, showing the names of the pilots among whom such rates have been distributed and the amount paid and the period of payments to each such pilot, and the number and tonnage of each ship the distance each was piloted and the name of the pilot; and copies of such accounts and of such statement shall be laid before both Houses of Parliament if then sitting or at the next ensuing session thereof if not then sitting. Rates of pilotage. Thirteenth Pilot on board a boat or vessel running before a ship entitled to pilotage. Pilots delayed on board vessels in certain cases shillings per diem. (3.) Ascertainment and Payment of Pilotage Rates and Tonnage Duty. 68. The rates of pilotage on ships arriving at or departing from any of the ports of Victoria or from any one part of such port to any other shall be those set forth in the Thirteenth Schedule to this Act, subject to the exemptions therein contained and the powers to reduce or alter such rates hereinbefore provided. 69. If any boat or vessel carrying a licensed pilot shall run before any ship not having a licensed pilot on board for the purpose of directing her course (when such ship cannot from circumstances be boarded) until a pilot can be put on board, the full pilotage shall be paid for the distance run as if such pilot had been actually on board such ship and had the charge of her as a pilot. 70. If any pilot in charge of any ship entering into or proceeding out of any port within Victoria shall remain on board such entitled to thirty ship whilst under quarantine, or shall be taken to sea or delayed in the performance of his duty by any act of the master of such ship, every such master shall pay in addition to the said rates of pilotage the sum of thirty shillings for every day of his so remaining on board being taken to sea or being delayed as aforesaid. Rates to be paid to collector of customs. Disputes as to rates how to be settled. All ships arriving and departing shall receive pilots. 71. The rate of pilotage for any ship and any charges as aforesaid shall be paid to the Collector or proper officer of Customs of the port at the time of making entry of such ship inwards or clearing outwards as the case may be; and no ship shall be deemed to have been legally entered or cleared until the said rate and charges and all arrears of charges (if any) shall have been paid; and such Collector or proper officer shall account for and pay over the same to the Pilot Board, to be appropriated in the manner herein provided. 72. If any question shall arise as to the tonnage of any ship, the rate demanded by the Collector or proper officer of Customs shall be in the first instance paid to him; and the master may demand that the ship be surveyed in the manner hereinafter mentioned; and if the rate so paid shall be equal to or less than the rate calculated according to the said survey, the expense of such survey shall be defrayed by the master and the difference if any of rate shall be paid before the ship shall clear outwards to the collector or proper officer of customs; but if the rate so paid shall be greater than the rate calculated according to the said survey, the expense of such survey shall be paid by the Collector or proper officer of Customs out of moneys arising from pilotage rates and the difference of rate shall be repaid to the master. 73. If the master of any ship arriving from parts beyond the sea at or off any port in Victoria for which a pilot shall have been |