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or trustees of the settlement, shall not by reason thereof
(7) The provisions of the thirty-first sction of "The Real
(8) The term "Deed" shall include any instrument executed in
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.
TO REAL PROPERTY ACT
Persons dealing with registered proprietor not bound to
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
[RESERVED: HER MAJESTY'S ASSENT PROCLAIMED, 20TH JULY, 1877.]
E it enacted by the Queen's Most Excellent Majesty by and with
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
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Preamble repealed, 8 Edw.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.
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
The Board of Trade" the lords of the committee of Privy
"The board" the Marine Board of Queensland
The portmaster" the person for the time being lawfully charged
"Harbor master" any person appointed at any port in Queensland
"Pilot" any person not belonging to a vessel who being duly
"Vessel" any ship or other vessel used in navigation whether
Master" every person (other than a pilot) having command or
"Passenger" any person carried in any vessel other than the
"Foreign going vessel" any vessel trading beyond the limits of a
"Home trade vessel" any coasting passenger vessel and also any
Coaster" every vessel trading under a transire only between any
"Coasting passenger vessel" any coaster carrying four passengers
"Port" any port harbor haven roadstead channel navigable creek
Part VI. repealed by "The Port Dues Revision Act of 1882" (46 Vic. No. 12), s. 2, infra, this title.
"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
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.
PART I.-MARINE BOARD ITS POWERS AND FUNCTIONS.
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.
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.
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.
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
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