PART I.MARINE BOARD.

and official log-books

and list of persons on board

and may

summon witnesses

and examine

master &C.

Powers of inspectors and surveyors.

Proviso for expenses of witnesses.

Penalties to witnesses &c.

And the board may require the owner or master or any member of the crew of any British vessel to produce any official log-books agreements or documents relating to such crew or to any member thereof and may inspect such official log-books or documents and may take copies thereof or of any part thereof And may require any such master to produce a list of all persons on board his vessel

They may summon the master or any other person to appear and give any explanation concerning the vessel or her crew or concerning the aforesaid documents or any matter or thing relating to such vessel crew or documents And may also examine any such master or other person and may require answers and returns to such inquiries as they may think fit to make.

16. Every inspector and every surveyor appointed under this Act shall have and may exercise the following powers that is to say

(1.) He may at all necessary or reasonable times go on board
and inspect any vessel to which this Act applies and may
without unnecessarily detaining or delaying such vessel
examine the hull machinery boats equipments or materials on
board or belonging to such vessel for the purpose of ascer-
taining whether the provisions of the third fourth and seventh
parts of this Act or of any regulations made thereunder have
been complied with or for enquiring into or ascertaining the
nature or causes of any accident or damage which such vessel
has sustained or caused or is alleged to have caused or
sustained or for making any report required by the board
(2.) He may enter and inspect any premises the entry or inspection
of which appears to him to be requisite for the proper
execution of his duty

(3.) He may require the attendance of all such persons as he may
consider necessary to call before him and may require answers
or returns to any question or questions he may think necessary
to put and may enforce the production of all books papers
logs or other documents that he may consider necessary.
And any such inspector may in addition to the above powers when he
considers necessary for the purposes of this Act by summons under his
hand require the attendance of all such persons as he may think necessary
to call before him and examine such persons and may require any person
so examined by himself or by any surveyor to make and subscribe a
statutory declaration of the truth of the statements made by him in his
examination and may require the master of any vessel to produce a list of
all persons on board his vessel and to muster the crew of such vessel when
such inspector shall deem it necessary.

17. Every person summoned as hereinbefore mentioned shall be allowed such expenses as would be allowed to any witness attending on subpoena to give evidence before the Supreme Court and in case of any dispute as to the amount of such expenses the same shall be referred by the board or such inspector to the taxing officer of the said Court and such officer shall on a request made to him for that purpose by the board or such inspector ascertain and certify the proper amount of such

expenses.

18. If any person without reasonable excuse (proof whereof shall lie on him) does any of the following things namely

(1.) Having been summoned and having had the expenses (if any) to which he is entitled tendered to him fails to attend as a

1876.

Navigation Act.

PART I.MARINE BOARD.

witness before the board or any inspector or to make any
answer or to give any return or to produce any document or
to make or sign any declaration or

inspector.

(2.) Prevents or impedes any inspector or surveyor in the execution Impeding
of his duty on board ship or elsewhere or knowingly misleads
or deceives the board or any inspector or surveyor

he shall for every such offence forfeit and pay a sum not exceeding fifty
pounds and where the offence consists of preventing or impeding as
aforesaid the inspector surveyor or any person called by him to his assist-
ance may seize and detain the offender until he can be conveniently
taken before a court of summary jurisdiction to be dealt with according
to law.

inspectors may

19. In the case of any wreck or of any collision or other accident Board and caused or sustained by any vessel if both parties agree thereto in writing act as the board may act as arbitrator between the parties and may inquire into arbitrators. and decide upon all disputed matters of fact that may arise out of such wreck collision or other accident and award such damages and costs as may seem just and reasonable and any such agreement for reference to arbitration may be made a rule of the Supreme Court.

20. The board may settle and issue forms of the several documents Power for the which are required by the second and third Parts of this Act.

board to settle issue and alter forms.

purporting to

board to be

21. All documents purporting to be issued or written by or under the certificates and direction of the board and purporting either to be sealed with the seal documents of the board or to be signed by the secretary to the board shall be be issued by the received in evidence and shall be deemed to be issued or written by or received in under the direction of the said board without further proof unless the evidence. contrary be shown and all documents purporting to be certificates issued by the board in pursuance of this Act and to be sealed with the seal of the board and to be signed by the chairman or vice-chairman of the board shall be received in evidence and shall be deemed to be such certificates without further proof unless the contrary be shown.

PART II. EXAMINATIONS AND CERTIFICATES OF MASTERS MATES AND
ENGINEERS.

22. Examinations shall be instituted for persons who wish to procure certificates of competency for all or any of the following grades that is to say

(1.) Master of a foreign going vessel

(2.) First mate of a foreign going vessel

(3.) Second mate of a foreign going vessel

(4.) Master of a home trade vessel

(5.) Mate of a home trade vessel

(6.) Master of a coaster

(7.) First-class engineer

(8.) Second-class engineer

(9.) Third-class engineer

PART II.EXAMINATIONS

AND CERTIFICATES.

Certificates of masters and mates. Examinations to be instituted for masters mates and engineers. 17 & 18 Vic. c. 10 s. 131."

and the board shall provide for the aforesaid examinations and may Board to
subject to the approval of the Governor in Council appoint fit and proper appoint
persons as examiners to conduct the same and may regulate the same
and any members of the board may be present and assist at any such

This reference is to "The Merchant Shipping Act, 1854," repealed. See now the Merchant
Shipping Act, 1894, vol. Imperial Acts, title Shipping.

examiners

PART II.

EXAMINATIONS

AND

CERTIFICATES.

for

examinations.

and make rules examination and the board with the approval of the Treasurer may from time to time lay down rules as to the conduct of such examinations and as to the qualifications of applicants and such rules shall be strictly adhered to by all examiners

17 & 18 Vic.

c. 104 s. 132 *

Proviso.

!

Certificates of

competency to
be granted to

Provided always that such qualifications for the respective grades aforesaid shall not be less nor inferior to those which are or may be from time to time required by the Board of Trade and every examiner shall receive such remuneration as the board shall with the approval of the Treasurer direct.

23. The board shall deliver to every applicant who is duly reported by the examiners to have passed the examination satisfactorily and to those who pass. have given satisfactory evidence of his sobriety experience ability and general good conduct a certificate of competency as the case requires

17 & 18 Vic.

c. 104 8. 134.*

Provided that in every case in which the board has reason to believe such report to have been unduly made such board may remit the case either to the same or to any other examiners and may require a re-examination of the applicant or a further inquiry into his testimonials and character before granting him a certificate.

24. Certificates of service differing in form from certificates of competency shall be granted as follows that is to say—

(1.) Every person who before the first day of January one
thousand eight hundred and seventy-six served as master in a
foreign-going vessel or who has attained or attains a rank not
lower than that of navigating sub-lieutenant in Her Majesty's
navy shall be entitled to a certificate of service as master
for foreign-going vessels

(2.) Every person who before the first day of January one
thousand eight hundred and seventy-six served as first or
second mate in a foreign-going vessel shall be entitled to a
certificate of service as such mate for foreign-going vessels
(3.) Every person who before the first day of January one
thousand eight hundred and seventy-six has served as master
of a home trade vessel shall be entitled to a certificate of
service as master of such vessel so employed

(4.) Every person who before the first day of January one
thousand eight hundred and seventy-six has served as mate of
a home trade vessel shall be entitled to a certificate of service
as mate for home trade vessels

(5.) Every person who before the first day of January one thousand eight hundred and seventy-six has served as master of a coaster of more than fifteen tons shall be entitled to a certificate of service as master of a coaster

And each of such certificates of service shall contain particulars of the name place and time of birth and of the length and nature of the previous service of the person to whom the same is delivered and the Board shall deliver such certificates of service to the various persons so respectively entitled thereto upon their proving themselves to have attained such rank or to have served as aforesaid and upon their giving a full and satisfactory account of the particulars aforesaid.

These references are to
The Merchant Shipping Act, 1854," repealed.
Merchant Shipping Act, 1894, vol. Imperial Acts, title Shipping.

See now the

1876.

Navigation Act.

PART II.EXAMINATIONS

AND

CERTIFICATES.

25. Certificates of service for engineers differing in form from certifi- Engineer's cates of competency shall be granted as follows that is to say—

certificate of service to be delivered on

26 Vic. c. 63

(1.) Every person who before the first day of January one proof of thousand eight hundred and seventy-six has served as first certain service. engineer in any foreign-going steam vessel of one hundred s. 9. horse power or upwards or who has attained or attains the rank of engineer in the service of Her Majesty shall be entitled to a first-class engineer's certificate of service (2.) Every person who before the first day of January one thousand eight hundred and seventy-six has served as second engineer in any foreign-going steam vessel of one hundred horse power or upwards or as first or only engineer in any other sea-going steam vessel or who has attained or attains the rank of firstclass assistant engineer in the service of Her Majesty shall be entitled to a second-class engineer's certificate of service (3.) Every person who before the first day of January one. thousand eight hundred and seventy-six has served as only engineer of any steam vessel plying within the limits of any port or as second engineer in any foreign-going vessel of less than one hundred horse power or in a home trade vessel shall be entitled to a third-class engineer's certificate of service Each of such certificates of service shall contain particulars of the name place and time of birth and the length and nature of the previous service of the person to whom the same is delivered and the board shall deliver such certificates of service to the various persons so respectively entitled thereto upon their proving themselves to have attained such rank or to have served as aforesaid and upon their giving a full and satisfactory account of the particulars aforesaid.

how to be

26. Every vessel not exempted as in this Act mentioned when navi- Officers of gating from any port or place in Queensland shall be provided with certain vessels officers holding valid certificates of competency or service under this Act qualified. or holding similar or equivalent certificates from the Board of Trade or other competent authority according to the scale required by the laws of the country in which she is registered or else according to the following scale

(1.) If she be a foreign-going or home trade vessel of one hundred
or less than three hundred tons with a master and first mate
duly certificated

(2.) If she be a foreign-going or home trade vessel of three hundred
tons or upwards with a master first mate and second mate
duly certificated

(3.) If she be a coaster of fifteen tons and upwards or a foreign-
going or home trade vessel of less than one hundred tons with
a master duly certificated.

If any such vessel proceeds to sea from any port or place in Queensland
without being so provided (the proof of which provision shall be on the
party accused) the master or owner thereof shall forfeit and pay any sum
not exceeding one hundred pounds.

27. After the commencement of this Act every steam ship trading in Steam ships Queensland waters shall have an engineer or engineers holding valid certificates of competency or service as follows that is to say

to carry certificated engineers. 26 Vic. c. 63

(1.) Engineers' certificates shall be of three grades namely "first- 6. 5.
class engineers' certificates" second-class engineers' cer-
tificates" and "third-class engineers' certificates"

These references are to "The Merchant Shipping Act Amendment Act, 1862," repealed.

See now the Merchant Shipping Act, 1894. vol. Imperial Acts, title Shipping.

PART II.

EXAMINATIONS
AND

CERTIFICATES.

Penalties for acting without having certificates.

Production of certificate at Custom House,

Board of Trade and other certificates to be of equal validity with Queensland certificates.

(2.) Every foreign-going steam ship of one hundred horse power
or upwards shall have as its first and second engineers two
certificated engineers the first possessing a first-class engi-
neer's certificate and the second possessing a second-class
engineer's certificate or a certificate of a higher grade
(3.) Every foreign-going steam vessel of less than one hundred
horse power shall have as its only or first engineer an
engineer possessing a second-class engineer's certificate or a
certificate of a higher grade

(4.) Every home-trade steam vessel shall have as its only or first
engineer an engineer possessing a second-class engineer's
certificate or a certificate of a higher grade

(5.) Every coaster propelled by steam and every steam vessel plying within the limits of any port shall have as its engineer an engineer possessing a third-class engineer's certificate or a certificate of a higher grade

28. In each of the following cases

(1.) If any person engages or acts as an officer in contravention
of the last two preceding sections

(2.) If any person employs or suffers any person to serve as an
officer in contravention of the last preceding section without
using all reasonable means (proof whereof shall lie on him)
to ascertain that the person so serving is duly certificated
(3.) If any person fraudulently engages or employs or suffers to
be engaged or employed any duly certificated officer to serve
for the purpose only of enabling any ship to clear and not for
the purpose of the whole voyage or if any officer so fraudu-
lently engages himself then in such case the person so offend-
ing shall for every such offence forfeit and pay any sum not
exceeding fifty pounds and if any certificated officer is engaged
as an officer on board any vessel and quits such vessel before
or upon the commencement of her voyage he shall be deemed
unless the contrary is shewn to have been fraudulently
engaged or employed as aforesaid And no officer shall be
deemed duly certificated unless he is the holder for the time
being of a valid certificate of competency or service appro-
priate to his station in the vessel or of a higher grade.

29. No vessel the master of which is required by this Act to hold a certificate of competency or service shall be cleared from the Custom House at any port unless the master shall produce to the collector or other officer of customs* a certificate from the shipping master to the effect that the master or the master and officers of the vessel as the case may be hold certificates of competency or service required by this Act and any officer of customs* may detain the vessel until such certificate is produced.

30. Every certificate of competency issued by the Board of Trade or any other competent British authority recognised and approved by the board shall be deemed to be equivalent to and shall confer the same rights and privileges as a certificate of a like kind and grade issued under this Act.

As to exccution of certain duties imposed upon officers of Customs by State Acts, see The Officers of Customs and Excise Act of 1901" (1 Edw. VII. No. 13), title Public Service.