Preamble. Bonded goods may be shipped as stores No. 3-1855.] [June 8, 1855. An Act for the Better Organization and Regulation of an Armed and Mounted Police Force upon the Frontier of this Colony. [Repealed by Act 9, 1878.] No. 4-1855.] [June 8, 1855. An Act for Encouraging the Importation of European Labourers into this Colony. [Repealed by Act 15, 1856.] No. 5-1855.] [June 8, 1855. An Act for Creating Divisional Councils in this Colony. (1) No. 6-1855.] [June 8, 1855. An Act for Granting Compensation to certain Persons in the Kat River, for the loss of Erven to which they were respectively entitled. [Expired.] No. 7-1855] [June 8, 1855. An Act to Regulate till the expiration of the year 1856, the dealing in Gunpowder, Firearms and Lead. [Expired.] No. 8-1855.] ACT [June 8, 1855. To Amend Ordinance No. 6, (2) of 1853, entitled WHEREAS it is expedient to permit the shipment of stores from the bonded warehouses, for the use of vessels visiting the ports. of this Colony: 1. Be it enacted by His Excellency the Governor, with the for any ship not advice and consent of the Legislative Council and House of being on her vorage Assembly, that it shall be lawful for the proper officers of Customs port to another, free to deliver, from any of the bonded warehouses in this Colony, any articles, whatever, duly warehoused therein, being original from one colonial of duty. 1 For existing law see Act 40, 1889. * Ord. 6, 1853, is repealed by Act 10, 1872. packages as imported, to be shipped free from Customs duty as stores for the use of any vessel not being then on any voyage from any one port to any other port of this Colony: Provided, always, that such delivery and shipment shall be under such rules and regulations as the Collector of Customs shall direct; and any such articles shipped as stores contrary to such rules and regulations shall be forfeited, and shall be dealt with in the same. manner as is provided in the Ordinance No. 6 of 1853, in respect of goods forfeited, or liable to forfeiture, for breaches of the Customs laws. No. 13-1855. 2. This Act shall commence and take effect from and after the Act when to compromulgation thereof. No. 9-1855.] [June 8, 1855. An Act for Incorporating the South African Association. (1) [Repealed by Act No. 17, 1875.] mence. No. 10-1855.] [June 8, 1855. An Act for the Better Administration of Justice. [Superseded by Act 40, 1882.] No. 11-1855.] [June 8, 1855. An Act for Applying a Sum not exceeding £34,940 4s. 4d., in addition to the Sums already provided, for the Service of the Year 1855. [Spent.] No. 12-1855.] [June 8, 1855. An Act for Applying a Sum not exceeding £66,192, for the Service of the Year 1856. [Spent.] No. 13-1855.] ACT [June 8, 1855. For the Appointment of Shipping Masters, and for other purposes relating to the "Merchant Shipping Act, 1854." (2) WHEREAS, by an Act of the Imperial Parliament, to wit, the Preamble. "Merchant Shipping Act, 1854," it is among other things enacted, that "If the Governor-General of India in Council, or the respective Legislative authorities in any British possession abroad, 1 See Act 27, 1888. 2 See Acts 3, 1863; 13, 1874; 3, 1858; 18, 1861. No. 13-1855. Governor may es shipping masters. by any Acts, Ordinances, or other appropriate legal means, apply or adapt any of the provisions in the third part of this Act contained to any British ships registered at, trading with, or being at any place within their respective jurisdictions, and to the owners, masters, mates, and crews thereof, such provisions, when so applied and adapted as aforesaid, and as long as they remain in force, shall, in respect of the ships and persons to which the same are applied, be enforced, and penalties and punishments for the breach thereof shall be recovered and inflicted, throughout Her Majesty's dominions, in the same manner as if such provisions had been hereby so adopted and applied, and such penalties and punishments had been hereby expressly imposed": And whereas it is expedient to apply and adapt to this Colony certain provisions of the third part of the said Act to British ships registered at or being within the limits of this Colony, and to the owners, masters, mates, and crews of such ships: Be it therefore enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: tablish shipping offi- 1. The Governor may establish a shipping office, or shipping ces, and appoint offices, at any port or ports in this Colony, and may, for that purpose, appoint, and from time to time remove and re-appoint, superintendents of such offices, to be called shipping masters, with any necessary deputies, clerks, and servants; and every act done by or before any deputy, duly appointed, shall have the same effect as if done by or before a shipping master; and such shipping masters shall perform in this Colony the duties and exercise the powers conferred upon such shipping masters by the aforesaid Act, in so far as may be applicable in this respect to this Colony, in regard to British ships registered at or being within the limits of this Colony. Governor may grant to shipping officers, reasonable salaries. 2. It shall be lawful for the Governor to grant to such shipping masters, and other masters, deputies, clerks, and servants, appointed as aforesaid such salaries or other allowances out of the fees to be received under this Act, for the labour and responsibility in executing the duties of their respective offices or employments, as the Governor shall deem to be reasonable and necessary. Duties of shipping masters. What fees to be payable at shipping offices. 3. It shall be the general business of shipping masters, appointed as aforesaid, to afford facilities for engaging seamen by keeping registries of their names and characters; to superintend and facilitate their engagement and discharge in manner provided in the aforesaid Act; to provide means for securing the presence on board, at the proper times, of men who are so engaged; to facilitate the making of apprenticeships to the sea service; and to perform such other duties relating to merchant seamen and merchants ships as are now or may hereafter be legally committed to them. 4. Such fees, not exceeding the sums specified in the table marked A in the schedule hereto annexed, as shall from time to time be fixed by the Governor, shall be payable upon all engagements and discharges effected before shipping masters; and the Governor shall cause scales of the fees payable for the time being to be prepared, and to be conspicuously placed in the shipping offices; and all shipping masters, their deputies, clerks, and servants, may refuse to proceed with any engagement or discharge, unless the fees payable thereon are first paid. No. 13-1855. how those parties are 5. Every owner or master of a ship engaging or discharging By whom certain any seamen or seaman in a shipping office, or before a shipping the first instance, and master, shall pay to the shipping master the whole of the fees to be reimbursed. hereby made payable in respect of such engagement or discharge, and may, for the purpose of in part reimbursing himself, deduct, in respect of each such engagement or discharge, from the wages of all persons (except apprentices) so engaged or discharged, and retain any sums not exceeding the sums specified in that behalf in the table marked B in the schedule hereto annexed: Provided that if in any case the sums which the owners so entitled to deduct exceed the amount of the fees payable by him, such excess shall be paid by him to the shipping master, in addition to such fee. The receiving of anything, except fees, an o fence. 6. Any shipping master, deputy shipping master, or any clerk or servant in any shipping office, who demands or receives any lawful remuneration whatever, either directly or indirectly, for hiring or supplying any seaman for any merchant ship excepting the lawful fees payable under this Act, shall for every such offence, incur a penalty not exceeding twenty pounds, and shall also be liable to be dismissed from his office. the colonial treasury. 7. The whole of the fees received by the shipping masters under Fees to be paid into this Act shall be paid by them into the Colonial Treasury, at such times and in such manner as the Governor shall direct. 8. The shipping masters shall keep true and correct accounts of all such fees, and shall render accounts of the receipts and payments of the same, duly vouched, in such manner and form, and at such periods as the Governor shall direct. 9. All shipping masters, deputies, clerks, and servants so appointed as aforesaid, shall, before entering upon their duties, give such security (if any) for the due performance thereof as the Governor may require. Shipping masters counts of fees. to keep correct ac Shipping masters may be required to give security. a 10. Any person interfering with or taking upon him to perform No person, under any of the duties and powers of any shipping master, in this interfere with or Colony, by engaging seamen, or otherwise dealing with any matter duties of shipping within the province of such shipping master, shall incur a penalty masters. not exceeding twenty pounds: Provided, however, that nothing herein contained shall be construed so as to prevent any owner, master, or mate, from entering into any agreement with any seaman, such agreement to be perfected according to the provisions of this Act, before a shipping master at the shipping office. No. 13 stration of shipping 11. The Governor may from time to time, dispense with the Governor may dis- transaction before a shipping master, or in a shipping office, of any pense with the mini- matters required by this Act to be so transacted, and thereupon masters in regard to such matters shall, if otherwise duly transacted as required by law, required to be trans- be as valid as if transacted before a shipping master, or in a acted beforeshipping shipping office. matters by this Act masters. mentioned in the The agreements 12. In the case of all British registered ships, the agreements 149th and 150th sec- entered into in this Colony between the masters of such ships and tions of the "Mer- their crews shall be dated and signed, and shall contain all the 1954," to be con- particulars, as far as applicable, as are set forth in the 149th and 150th sections of the aforesaid Act, and in the second schedule to this Act annexed. chant Shipping Act, formed to. Penalty for carry ing seamen to sea ment executed. 13. If, in any case, a master carries any seaman to sea without without an agree- entering into an agreement with him in the form and manner and at the place and time hereby in such case required, the master or owner of the ship shall, for each such offence, incur a penalty not exceeding five pounds. Shipping masters putes between masters and seamen. 14. Every shipping master shall hear and decide any question to arbitrate in dis- whatever between a master or owner and any of his crew, which both parties agree, in writing, to submit to him; and every award so made by him shall be in writing, and shall be binding on both parties, and shall, in any legal proceeding which may be taken in the matter before any Court of Justice, be deemed to be conclusive as to the rights of the parties; and no such submission or award shall require a stamp; and any document purporting to be such Fees for so arbitrat- submission or award shall be primâ facie evidence thereof. And every shipping master shall receive from the parties such fee, not exceeding one pound sterling, upon each arbitration, as the said shipping master shall fix and determine ing. How seamen to be engaged to serve within this colony. 15. And whereas it is further enacted in the Act aforesaid, that board British ships"Every master of a ship who, if such ship is registered in the registered and being United Kingdom, engages any seaman in any British possession, or if such ship belongs to any British possession, engages any seaman in any British possession other than that to which the ship belongs shall, if there is at the place where such seaman is engaged any official shipping master or other officer duly appointed for the purpose of shipping seamen, engage such seaman before such shipping master, and if there is no such shipping master or officer, then before some officer of Customs; and the same rules, qualifications, and penalties as are herein before specified, with respect to the engagement of seamen before shipping masters in the United Kingdom shall apply to such engagements in a British possession; and upon every such engagement such shipping master or officer as aforesaid shall endorse upon the agreement an attestation, to the effect that the same has been signed in his presence, and otherwise made as hereby required; and if, in any case, such attestation is not made, the burthen of proving that the seaman was duly engaged as hereby required, shall lie upon the master": |