Page images
[blocks in formation]

or trustees of the settlement, shall not by reason thereof
incur any personal liability to his or their beneficiaries or to
any other person, and no such registered proprietor or regis-
tered proprietors shall, for the purpose of executing any
such power or authority or complying with any such request,
be bound to enter into any personal covenant or contract;
(5) Where under this Act it is provided that land shall be con-
veyed to any uses or trusts, that expression shall be taken to
mean that the land shall be transferred to trustees, and
shall be held by them as trustees upon such uses or trusts;
(6) Where under this Act it is provided that a contract made by
a tenant for life shall be binding on the settled land, that
expression shall be taken also to mean that the contract
shall be binding on the registered proprietor, and that he
shall be bound to give effect thereto in the same manner as
if he had made it himself, subject, however, to the provisions
of this Act;

(7) The provisions of the thirty-first sction of "The Real
Property Act of 1877"* shall not apply to a lease of settled
land made by a tenant for life under this Act.

(8) The term "Deed" shall include any instrument executed in
pursuance of the provisions of "The Real Property Act of

70. Nothing herein contained shall be taken to require any person dealing with a registered proprietor of land held under the provisions of the said last-mentioned Act to inquire whether all or any of the provisions of this Act have been complied with in respect of the proposed dealing.



Persons dealing with registered proprietor not bound to


[blocks in formation]
[blocks in formation]

41 Vic. No. 3. An Act to Consolidate and Amend the Laws relating to the


ACT OF 1876.

Division of Act.

Marine Board Navigation Pilotage Harbors Lights and the keeping and carriage of Gunpowder.t


E it enacted by the Queen's Most Excellent Majesty by and with

[ocr errors]

Assembly of Queensland in Parliament assembled and by the authority of the same as follows

1. This Act is divided into eight parts

The first part relating to the Marine Board its powers and func-

The second part to the Examination and Certificates of Masters
Mates and Engineers

See also the Imperial Merchant Shipping Acts, 1894 to 1907, vol. Imperial Acts, title Shipping, and the fommonwealth Sea-Carriage of Goods Act 1904 (No. 14 of 1904), and Marine Insurance Act 1909 (No. 11 of 1909). For "The Employers' Liability Act Extension Act Seamen), 1888" (52 Vic. No. 3), see title Labour, supra.

As to this Act not being affected by The Local Authorities Act of 1902" (2 Edw. VII. No. 19) except as therein expressly provided, see section 6 (1) of that Act, title Local


As to this Act not being affected by "The Harbour Boards Act, 1892" (56 Vic. No. 26), see section 3 of that Act, title Harbours.

As to penalties on masters. &c., of ships in respect of prohibited immigrants, see the Commonwealth Immigration Restriction Act 1901 (No. 17 of 1901), ss. 9 et seq., as amended by the Immigration Restriction Amendment Act 1905 (No. 17 of 1905) and the Immigration Restriction Act 1908 (No. 25 of 1908).

Preamble repealed, 8 Edw. VII. No. 18, s. 2, title Acts.

[blocks in formation]

The third part to Steam Navigation and Regulation of Passenger


The fourth part to Safety and Prevention of Accidents

The fifth part to Pilotage and Harbors

The sixth part to Light Dues

The seventh part to Gunpowder and other Explosive Substances

The eighth part to Legal Procedure.

2. In the construction and for the purposes of this Act and in all Interpretation. instruments purporting to be issued thereunder the following words and expressions shall have the several meanings hereby assigned to them

unless there be something in the subject or context repugnant to such construction that is to say

[ocr errors]

The Board of Trade" the lords of the committee of Privy
Council of Her Majesty appointed for the consideration of
matters relating to trade &c.

"The board" the Marine Board of Queensland

[ocr errors]

The portmaster" the person for the time being lawfully charged
with the duties of portmaster of Queensland

"Harbor master" any person appointed at any port in Queensland
to perform the duties of harbor master at such port or any
person acting for him

"Pilot" any person not belonging to a vessel who being duly
authorised has the conduct thereof

"Vessel" any ship or other vessel used in navigation whether
propelled by sail steam or oars

Master" every person (other than a pilot) having command or
charge of any vessel

"Passenger" any person carried in any vessel other than the
master and crew

"Foreign going vessel" any vessel trading beyond the limits of a
home trade vessel" and arriving at or clearing from any
port or place in Queensland

"Home trade vessel" any coasting passenger vessel and also any
vessel trading between any port in Queensland and any port
or place in the Colony of New South Wales or between any
port in Queensland and any other port or place that may be
notified from time to time by the Governor in Council by
proclamation in the Gazette

[ocr errors]

Coaster" every vessel trading under a transire only between any
two or more ports or places in Queensland

"Coasting passenger vessel" any coaster carrying four passengers
or a greater number of passengers than in the proportion of
two statute adults to every fifty tons register
"Intercolonial trade vessel" any vessel engaged in the whale
fishery or trading between any port or place in Queensland
and any port or ports in any Australian colony New Zealand
Tasmania or such other ports or places as may from time to
time be notified by the Governor in Council by proclamation
in the Gazette

"Port" any port harbor haven roadstead channel navigable creek
or river in Queensland

Part VI. repealed by "The Port Dues Revision Act of 1882" (46 Vic. No. 12), s. 2, infra, this title.

[blocks in formation]

Navigation Act.

"Wharf" any wharf quay jetty pier or landing place

41 VIC. No. 3,

"Raft" any log series of logs or timber either lying below high

water mark or afloat

"Ton" ton registered

"Horse power" nominal horse power

"Treasurer" the Treasurer of Queensland

"Justice" a justice of the peace for Queensland

"Explosive substance" any substance used or manufactured with a view of producing an explosive effect.

3. The following vessels shall be exempt from the provisions of this Act or any regulations issued in pursuance thereof except the payment of pilotage rates when the services of a pilot are actually employedVessels in the service of or belonging to Her Majesty

All vessels of war belonging to sovereign powers in alliance with
Her Majesty

All vessels belonging to the Government of any of Her Majesty's

All private yachts and all vessels belonging to any recognised yacht club in any part of Her Majesty's possessions

Provided that such last-mentioned yachts and vessels shall be subject to any regulations made under the fourth part of this Act.

4. The Treasurer if he deem it just so to do may remit the payment of all or any part of any dues or charges payable under this Act.


5. The Governor with the advice of the Executive Council may by letters patent under the seal of the Colony of Queensland constitute and incorporate a board to be called "The Marine Board of Queensland to consist of a chairman and four other members such chairman being the Portmaster of the Colony for the time being and the Governor in Council may from time to time remove any member or members of the said board and fill up any vacancy that may occur in the said board and fix the amount of remuneration to be paid to the members thereof from the consolidated revenue.

[blocks in formation]

6. The Treasurer may appoint any one of the members of the board to be vice-chairman who during the absence or disability of the chairman shall have and exercise all the duties and powers conferred upon the chairman by this Act or by any regulation made thereunder.

7. The board shall have and may use a corporate seal bearing such device as the Governor in Council shall approve and at the meetings of the board the presence of not less than three members shall be necessary for the transaction of business.

8. The board shall be subject to the general supervision control and direction of the Treasurer and shall at all times furnish such reports accounts vouchers and documents relating to any matter entrusted to or performed by the board as the said Treasurer may by any writing under his hand require and shall fulfil and carry out any directions which may from time to time be given in writing by the said Treasurer touching any matter entrusted to or performed or authorised to be performed by the said board.

+ Proviso recaled as obsolete, 8 Edw. VII. No. 18, s. 2, title Acts.


Navigation Act.



i oard how disqualified.

9. If any member of the board shall take the benefit of any Act for Members of the relief of insolvent debtors or shall cease or neglect to attend the sittings of the board for a period of six months consecutively (except in case of illness certified by a duly qualified medical practitioner or of absence by permission of the board) the seat of such member shall be declared vacant and it shall be vacant accordingly.

10. The powers authorities and jurisdiction of the board shall extend Jurisdiction of and may be exercised by them in and over any tidal waters in Queens- the board. land and from high-water mark to the distance of one nautical league to seaward from low-water mark along the coast line of Queensland and the

Islands thereof respectively.

11. Subject to the control of the Treasurer the board shall after the Powers and commencement of this Act have full authority and power within the authority of limits of its jurisdiction to carry out the provisions of the second third and fourth parts and also of any other portion of this Act in which any power or authority is expressly or impliedly conferred upon such board and shall when so directed by the Treasurer or when the circumstances of the case may to them seem to render such a course necessary inquire or cause any inspector appointed under this Act or any other person to inquire into any matter connected with seamen cargoes shipping the conveyance of passengers navigation wrecks and casualties pilots and pilotage the preservation and improvement of any port and any works carried on or about to be carried on in any port for the use convenience or safety of vessels all matters connected with lights and lighthouses the dues levied or to be levied in any port and all questions which may arise as to whether the provisions of this Act or of any regulations made thereunder have been complied with and generally upon any matter whatsoever in relation to which jurisdiction authority or power is by this Act conferred upon the board and the board shall when so directed or when it shall appear to them necessary report the result of such inquiry to the Treasurer.

of officers.

12. The Governor in Council may appoint such secretaries inspectors Appointment and other officers clerks and servants as he may deem necessary to carry into execution the provisions of this Act.

13. The board shall continue to be the department wherein the Marine board business of the shipping offices shall be conducted and the office of the to be shipping board shall be deemed a shipping office.



14. The board may from time to time with the consent of the Board may Treasurer in writing under his hand select and employ such number appoint of fit and proper persons as surveyors for the purposes of the third and fourth Parts of this Act and at such ports or places as they may think


inspectors on

15. The board may from time to time instruct any inspector or any Board may send surveyor appointed by them as aforesaid or any other person to go on board vessels board any vessel to report to them whether the provisions of the third and whenever fourth Parts of this Act or the regulations made under this Act have been necessary. complied with and also whether the hull and equipments and in the case of a steam vessel whether the machinery also of the same be sufficient and in good condition or to report to them upon the nature and causes of any accident or damage which such vessel has sustained or caused or is said to have sustained or caused

require production of

And the board may require the master to produce the certificate of Board may registry or other national papers of the vessel and may inspect and take copies thereof or of any parts thereof

papers &c.

« EelmineJätka »