No ship to be used or employed in the pearl shell fishery without a license Penalty Licensing officer for ships The Pearl Shell Fishery Act, 1886 (2) Be used as a place for storing pearl shells within one week after they are collected, or (8) Be used as a place of refuge for persons engaged in super- (4) If her boats are used as places from which persons dive for (6) If uncustomed provisions or any uncustomed goods or A boat shall for the purposes of this Act be deemed to be 'used or employed in the Pearl Shell Fishery' if it belongs to or is ordinarily attached to or carried on board any vessel licensed as a ship under this Act during such time as such ship is used or employed in the Pearl Shell Fishery. 2. From and after the passing of this Act it shall not be lawful to use or employ any ship in any pearl shell fishery of the Colony, other than the pearl shell fishery at Sharks Bay, unless the same be duly licensed as hereinafter provided. The owner, master, or other person in charge of any ship offending against the above provisions shall be guilty of an offence; such offence shall be cognisable before any two Justices of the Peace, who, on proof thereof, shall convict the Master, owner, or other person in charge of such ship, in a penalty not exceeding One hundred pounds, and shall keep and detain such ship, together with everything on board the same, for the space of three months, unless such penalty be sooner paid, and at the end of such period of three months shall declare such ship, together with everything on board the same, forfeited for the use of Her Majesty, but for the purposes of this Act; and such ship, together with everything on board the same, shall after such declaration be forfeited accordingly, and shall be sold, and the proceeds dealt with as the proceeds of a penalty in the manner provided by this Act. Provided always, that notwithstanding anything in this section contained, the payment of any such penalty, or so much thereof as may not be realised by the sale of any ship or things on board the same as aforesaid, declared to have been forfeited as aforesaid, may be enforced by any means provided by law for the general enforcement of penalties. 3. The Licensing Officer shall, subject to the provisions of section to grant licenses eight, grant a license under this Act to use or employ any ship in the Pearl Shell Fishery, the master of which is not disqualified as hereinafter mentioned, on the owner, master, or other person in charge of the same applying for such license depositing with such Licensing Officer the papers of such ship, and paying a fee of One pound, and The Pearl Shell Fishery Act, 1883 the Licensing Officer shall give a receipt for such papers. All papers (a) landing any pearl shells which she may have on board at (b) in case the said ship is about to start for some other port (c) paying any export duty payable in respect of the same; 4. Any Licensing Officer shall, on granting any license to any person to use or employ any ship in the Pearl Shell Fishery, forth with determine on some figures not exceeding three, which are during the currency of such license to be deemed the characteristic figures of such ship. And the master, owner, or other person in charge of such ship shall before using or employing her in the Pearl Shell Fishery cause such figures, together with the initial letter of the port where the license is obtained, to be legibly painted on each bow of such ship above the water-line, such figures and letter to be not less than one foot high, and shall so long as the said ship continues to be used or employed in the said fishery maintain such figures in a clear and legible manner. Any master, owner, or other person in charge of any ship violating this provision shall be guilty of an offence which shall be cognisable before two Justices of the Peace, who on proof thereof shall inflict a fine or penalty not exceeding Five pounds. 5. All licenses granted as aforesaid shall run and hold good up to the thirtieth day of June next after the granting of the same; provided that if any such license be surrendered before that day, it shall cease to be of any force or effect from the time of such Licensel ship to bear certain figures characteristic Duration of license 6. A license under this Act to use or employ any ship in the Licenses to be Pearl Shell Fishery shall be in the form given in the Schedule to 7. Any license granted on the deposit of forged papers shall be utterly null and void, to all intents and purposes. in form of Schedule Licenses granted on forged parers No license to be payment of 8. No license under this Act shall be granted to any ship until granted until the duty chargeable upon the importation or landing of all goods, Custom uties stores, and provisions laden on board such ship (excepting only such goods as hereinafter mentioned) shall have been first paid in this Colony, notwithstanding such goods, stores, or provisions shall not be intended to be landed, and the same shall be entered for duty by the master of such ship, and such master shall for all the purposes of The Customs Ordinance, 1860,' or of any law of M The Pearl Shell Fishery Act, 1886 Customs be deemed and taken to be the importer of such goods, Exemption from stores, and provisions. Provided always, that no duty shall be leviable upon or in respect of any diving dresses or other diving apparatus or any gear belonging thereto or designed for use in connection with such dresses or apparatus. Custom duty as to certain goods Export duty Penalty Notice of export of pearl shells to be given to collector Certificate to be granted And permit Presumption as to packages containing mixed shells Onus of proof as to nature and quality of shells Mode of seizure and recovery of forfeitures Ship to bring-to on signal from Revenue vessel Officers of Customs may board and search ship And may bring her into port Onus of proof on defendant All moneys raised under this Act to be paid into Treasury 9-13. [Repealed by 59 Vic., No. 1.] 14. That where any ship shall be found within the limits of any port of the Colony, or within a league from the coast thereof, and shall not bring-to upon signal made by any ship or boat in Her Majesty's service, or in the service of the revenue, hoisting and carrying the proper pendant and ensign or Custom House flag, in order to bring such ship to, the master of every such ship shall be guilty of an offence, and on summary conviction thereof before two or more Justices of the Peace in Petty Sessions shall forfeit and pay a penalty not exceeding One hundred pounds, and shall for ever thereafter be disqualified from obtaining a license under this Act. 15. That it shall be lawful for any officer of Customs within the meaning of 'The Customs Ordinance, 1860,' or any officer in charge of any vessel in the service of the revenue, at any time to board any ship within the limits of any port of the Colony or within a league from the coast thereof, and to search all parts of such ship and freely to stay on board for such purpose; and if such officer shall be satisfied that such ship is being used or employed in the Pearl Shell Fishery, and the master or other person in charge thereof shall not on demand produce to such officer the license of such ship under this Act; or if such officer shall have reason to suspect that any such ship is or has been engaged in the exportation of pearl shells the duty whereon has not been paid, it shall be lawful for such officer to bring such ship into port and to proceed against the owner, master, or other person in charge thereof under any of the provisions of this Act applicable to the case. And any person who shall obstruct any officer as aforesaid in the operation of any of the powers hereby vested in him shall, on summary conviction thereof before two or more Justices of the Peace in Petty Sessions, pay a penalty not exceeding One hundred pounds. 16. In all cases of proceedings taken for the recovery of any forfeiture or penalty imposed by this Act, the onus of proof that the requisitions and provisions by this Act made and required have been omplied with shall lie on the defendant. 17. All moneys paid in respect of licenses, royalties, and otherwise under this Act, together with the proceeds of all penalties that The Pearl Shell Fishery Act, 1886 may be inflicted under this Act, shall be paid into the Colonial Treasury. 18. This Act shall be deemed to be a law of Customs, within the Act to be deemed meaning of 'The Customs Ordinance, 1860.' a law of Customs Ordinance 19. Sections A, D, E, H, and I of The Shortening Ordinance, Shortening 1853,' are hereby incorporated with and shall be taken to form part of this Act to all intents and purposes, and in as full and ample a manner as if the said sections had been introduced and fully set forth in this Act. 20. The Northern District Special Revenue Act, 1873,' and Repeat "The Northern District Special Revenue Act, 1873, Amendment Act, 1878,' are hereby repealed. 21. This Act may be cited as 'The Pearl Shell Fishery Act, 1886.' Short title F. NAPIER BROOME, SCHEDULE FORM OF LICENSE GOVERNOR. master or These are to certify that, whereas owner of the schooner Marian,' has applied to me for a license to use and employ the said ship in the Pearl Shell Fishery, from the date hereof up to the 30th day of June, 188, and has deposited with me the papers of the said ship enumerated and described on the back hereof, and has paid the sum of One Pound for such license as aforesaid, the said ship is hereby licensed under The Pearl Shell Fishery Act, 1886,' to be used and employed in the Pearl Shell Fishery of the Colony of Western Australia, from the date hereof up to the thirtieth day of June next ensuing. The characteristic letter and figures of the said ship during the currency of this license are to be which are to be painted on the said ship in accordance with the provisions of the above-named Act. As witness my hand, this day of Licensing Officer at the Port of A.D. 18 No. 10 An Act to increase the number of Members to serve in the Legislative Council. WHE Assented to 28th July, 1886. No. 23 HEREAS it is expedient to increase the number of Members Now se to serve in the Legislative Council: Be it enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. The whole of the second section and so much of the third Repeal of 46 Vic., Vic., 24, secs. 2, &c. Council to consist of 26 members Sub-division of 'Northern District' Kimberley Northern Sitting members to keep their, seats The words 'April,' 'May,' The Legislative Council Act Amendment Act, 1886 and fourth sections and of Schedule B of The Legislative Council Act Amendment Act, 1882,' as is inconsistent with this Act and the Schedules hereto are hereby repealed. 2. From and after the coming into operation of this Act the Legislative Council shall consist of twenty-six members, nine of whom (being one-third of the next greater number which is divisible by three) shall be appointed by Her Majesty according to the provisions of an Act of the Imperial Parliament in that behalf in part recited in the Ordinance passed in the 33rd year of Her present Majesty, Number 13, and seventeen of whom shall from time to time be elected as by law is provided. 3. The Northern District,' as defined by 'The Legislative Council Act Amendment Act, 1882,' shall be divided into two electoral districts. The one shall consist of such portions of the said 'Northern District' as are contained within the boundaries as laid down in the Schedule annexed hereto, marked 'A:' such district shall be called the Kimberley District,' and shall return one member. The other district shall consist of such portions of the said 'Northern District as are contained within the boundaries as laid down in the Schedule annexed hereto, marked 'B:' such district shall be called the 'Northern District,' and shall return two members. 6 4. The two members at present sitting in the Legislative Council for the Northern District,' as defined by the Legislative Council Act Amendment Act, 1882,' shall, from and after the coming into operation of this Act, and during the continuance of the present Council, be deemed and taken to sit for the Northern District' only as defined by this Act. 5. The words April,' 'May,' and 'June,' wherever the same reJune, occurring spectively occur in sections, seven, eight, nine, ten, and eleven of the Ordinance passed in the 33rd year of the reign of Her present Majesty, numbered 13, shall for the purposes of the making up and revision of the first Electoral List for the Kimberley Electoral District be read as follows:- 'November' instead of April,' 'December' instead of 'May,' and January' instead of June." in 33rd Vic. 13, Short title · 6. This Act may be cited for all purposes as The Legislative Council Act Amendment Act, 1886.' F. NAPIER BROOME, GOVERNOR. SCHEDULE A KIMBERLEY DISTRICT So much of the Colony as lies to the North of the parallel of (19° 30') nineteen degrees thirty minutes South Latitude. SCHEDULE B NORTHERN DISTRICT Bounded on the North by the Kimberley District; on the West by the Sea Coast, including the Islands adjacent to it; on the South by the Gascoyne District, and on the East by the Eastern boundary of the Colony |