No. 13-1855.

(6) For assaulting any master or mate, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour.

(7) For combining with any other or others of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage, he shall be liable to imprisonment for any period not exceeding twelve weeks, with or without hard labour.

(8) For wilfully damaging the ship, or embezzling, or wilfully damaging any of her stores or cargo, he shall be liable to forfeit, out of his wages, a sum equal in amount to the loss thereby sustained, and also, at the discretion of the Court, to imprisonment for any period not exceeding twelve weeks, with or without hard labour.

(9) For any act of smuggling of which he is convicted, and whereby loss or damage is occasioned to the master or owner, he shall be liable to pay to such master or owner such a sum as is sufficient to reimburse the master or owner for such loss or damage; and the whole, or a proportionate part, of his wages may be retained, in satisfaction or on account of such liability, without prejudice to any further remedy.

244. Upon the commission of any of the offences enumerated in the last preceding section, an entry thereof shall be made in the official log-book, and shall be signed by the master, and also by the mate or one of the crew: and the offender, if still in the ship, shall before the next subsequent arrival of the ship at any port, or if she is at the time in port, before her departure therefrom, either be furnished with a copy of such entry, or have the same read over distinctly and audibly to him, and may thereupon make such reply thereto as he thinks fit; and a statement that a copy of the said entry has been so furnished, or that the same has been so read over as aforesaid, and the reply (if any) made by the offender shall likewise be entered and signed in manner aforesaid; and in any subsequent legal proceedings, the entries herein before required shall, if practicable, be produced or proved, and in default of such production or proof, the Court hearing the case may, at its discretion, refuse to receive evidence of the offence. 247. Whenever any seaman or apprentice is brought before any Court, on the ground of having neglected or refused to join, or to proceed to sea in any ship in which he is engaged to serve, or of having deserted or otherwise absented himself therefrom without leave, such Court may, if the master or the owner, or his agent, so requires, [instead of committing the offender to prison] (') cause him to be conveyed on board, for the purpose of proceeding on the voyage, or deliver him to the master or any mate of the ship, or the owner or his agent, to be by them so conveyed, and may, in such case, order any costs and expenses properly incurred by or on behalf of the master or owner, by reason of the offence, to be paid by the offender, and, if necessary, to be deducted from any wages which he has then earned, or which, by virtue of his then existing engagement, he may afterwards

earn.

The words in brackets and the next section (248) repealed as regards United Kingdom by 12, 43 and 44 Vict. c. 16.

248. If any seaman or apprentice is imprisoned on the ground of his having neglected or refused to join or to proceed to sea in any ship in which he is engaged to serve, or of having deserted or otherwise absented himself therefrom without leave, or of his having committed any other breach of discipline, and if, during such imprisonment, and before his engagement is at an end, his services are required on board his ship, any Justice may, at the request of the master or of the owner or his agent, cause such seaman or apprentice to be conveyed on board his said ship, for the purpose of proceeding on the voyage, or to be delivered to the master or any mate of the ship, or to the owner or his agent, to be by them so conveyed, notwithstanding that the termination of the period for which he was sentenced to imprisonment has not arrived. 518. In all places within Her Majesty's dominions, except Scotland, the offences hereinafter mentioned shall be punished, and penalties recovered in manner following, that is to say:

(1) Every offence by this Act declared to be a misdemeanour,
shall be punishable by fine or imprisonment, with or without
hard labour; and the Court before which such offence is
tried may, in England, make the same allowances, and
order payment of the same costs and expenses as if such
misdemeanour had been enumerated in the Act passed in the
seventh year of his late Majesty King George the Fourth.
chapter sixty-four, or any other Act that may be passed for
the like purpose; and may in any other part of Her Majesty's
dominions make such allowances, and order payment of such
costs and expenses (if any) as are payable or allowable upon
the trial of any misdemeanour, under any existing Act or
Ordinance, or as may be payable or allowable under any Act
or Law, for the time being, in force therein.
(2) Every offence, declared by this Act to be a misdemeanour,
shall also be deemed to be an offence hereby made punish-
able by imprisonment for any period not exceeding six
months, with or without hard labour, or by a penalty not
exceeding one hundred pounds, and may be prosecuted
accordingly in a summary manner, instead of being
prosecuted as a misdemeanour.

(3) Every offence hereby made punishable by imprisonment for
any period not exceeding six months, with or without hard
labour, or by any penalty not exceeding one hundred pounds,
shall, in England and Ireland, be prosecuted summarily
before any two or more Justices, as to England, in the
manner directed by the Act of the eleventh and twelfth years
of the reign of Her Majesty Queen Victoria, chapter forty-
three, and as to Ireland, in the manner directed by the Act
of the fourteenth and fifteenth years of the reign of Her
Majesty Queen Victoria, chapter ninety-three, or in such
other manner as may be directed by any Act or Acts that may
be passed for like purposes: And all provisions contained
in the said Acts shall be applicable to such prosecutions in
the same manner as if the offences, in respect of which the
same are instituted were hereby stated to be offences in
respect of which two or more Justices have power to convict
summarily, or to make a summary crder.

No. 13-1855.

No. 13-1855.

(4) In all cases of summary convictions in England, where the
sum adjudged to be paid exceeds five pounds, or the period.
of imprisonment adjudged exceeds one month, any person,
who thinks himself aggrieved by such conviction, may appeal
to the next Court of General or Quarter Sessions, which is.
holden not less than twelve days after the day of such
conviction for the county, city, borough, liberty, riding,
division or place wherein the case has been tried; provided
that such persons shall give to the complainant a notice, in
writing, of such appeal, and of the cause and matter thereof,
within three days after such conviction, and seven clear days
at the least before such Sessions, and shall also either remain
in custody until the Sessions, or enter into a recognizance,
with two sufficient sureties, before a Justice of the Peace,
conditioned personally to appear at the said Sessions, and to
try such appeal, and to abide the judgment of the Court
thereupon, and to pay such costs as shall be by the Court
awarded; and upon such notice being given, and such
recognizance being entered into, the Justice, before whom
the same shall be entered into, shall liberate such person,
in custody; and the Court at such Sessions shall hear and
determine the matter of the appeal, and shall make such
order therein, with or without costs to either party, as to
the Court shall seem meet; and in case of dismissal of the
appeal, or the affirmance of the conviction, shall order and
adjudge the offender to be punished according to the con-
viction, and to pay such costs as may be awarded, and
shall, if necessary, issue process for enforcing such judg

ment.

if

(5) All offences under this Act shall, in any British possession be punishable in any Court, or by any Justice of the Peace, or Magistrate, in which or by whom offences of a like character are ordinarily punishable or in such other manner or by such other Courts, Justices, or Magistrates as may, from time to time, be determined by any Act or Ordinance duly made in such possession, in such manner as Acts and Ordinances in such possession are required to be made, in order to have the force of law.

520. For the purpose of giving jurisdiction under this Act, every offence shall be deemed to have been committed, and every cause of complaint to have arisen either in the place in which the same actually was committed or arose, or in any place in which the offender or person complained against may be.

521. In all cases where any district within which any Court or Justice of the Peace, or other Magistrate has jurisdiction, either under this Act, or under any other Act, or at common law for any purpose whatever, is situate in the coast of any sea, or abutting on or projecting into any bay, channel, lake, river, or other navigable water, every such Court, Justice of the Peace, or Magistrate shall have jurisdiction over any ship or boat being on, or lying, or passing off such coast, or being in or near such bay, channel, lake, river, or navigable water as aforesaid, and over all persons on board such ship or boat, or for the time being belonging thereto, in the same manner as if such ship,

boat, or person were within the limits of the original jurisdiction of such Court, Justice, or Magistrate.

524. Any Court, Justice, or Magistrate imposing any penalty under this Act for which no specific application is herein provided, may, if it or he think fit, direct the whole or every part thereof to be applied in compensating any person for any wrong or damage which he may have sustained by the act or default in respect of which such penalty is imposed, or to be applied in or towards payment of the expenses of the proceedings; and subject to such directions or specific application as aforesaid, all penalties recovered in the United Kingdom shall be paid into the receipt of Her Majesty's exchequer, in such manner as the Treasury may direct, and shall be carried to and form part of the consolidated fund of the United Kingdom; and all penalties recovered in any British possession shall be paid over into the public treasury of such possession, and form part of the public revenue thereof.

No. 14-1855.

No. 14-1855.]

ACT

[June 8, 1855.

For Exempting from Wharfage and Cranage Dues certain
Articles landed from or shipped on board Whaling
Vessels.

WHEREAS, by Ordinance No. 6 of 1851, (1) entitled an Ordinance Preamble,
"For regulating the rates of Wharfage Dues in Cape Town and
Simon's Town," certain wharfage and cranage dues are payable
upon the landing or shipping of the several articles set forth in the
schedule to the said Ordinance: And whereas it is expedient to
exempt certain articles from the payment of such dues :

1. Be it enacted by His Excellency the Governor, with the advice and consent of the Legislative Council and House of Assembly, that the following articles shall be exempt from the payment of wharfage and cranage dues, upon being landed or shipped in Table Bay or Simon's Bay respectively, that is to say:

All surplus stores or provisions for the use of whaling vessels.
All whalebone, whale head-matter, and whale or fish oil,

landed or shipped from or on board of whaling vessels,
or from or on board of any other vessel conveying such
whalebone, whale head-matter, or oil from or to any
whaling vessel; provided that such whalebone, whale
head-matter, or oil be not entered for colonial consump-
tion.

2. This Act shall commence and take effect from and after the promulgation thereof.

1 See Act 17, 1861, § 6.

certain articles con grips to be free from wharfage dues.

nected with whaling

Act when to com= mence.

No. 15-1855.]

[June 8, 1855.. An Act to amend the Ordinance No. 18, 1844, for Regulating the Payment of Transfer Duty in this Colony.

[Repealed by Act 5, 1884.]

No. 16-1855.]

[June 8, 1855..

An Act to provide for the Organization of the Inhabitants of the several Divisions of this Colony for the Internal Defence of their respective Divisions.

[Repealed by Act 7, 1878.]

No. 1-1856.]

[June 4, 1856.

An Act for Preventing the Spread of Contagious or Infectious. Diseases.

Preamble.

To Declare the Law in relation to Bills of Exchange and Promissory Notes becoming payable upon Holidays. (1)

WHEREAS, by the law of this Colony, Bills of Exchange and Promissory Notes becoming payable upon a Sunday are deemed, for the purposes of presentation for payment, to become due upon the Monday following: And whereas it is expedient to declare what days, not being Sundays, shall be considered as holidays in reference to such presentation as aforesaid, and to apply to such holidays, respectively, the rule or principle of law aforesaid at present applicable to Sundays: Be it 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:Bills due on holi- I. As often as any Bill of Exchange or Promissory Note shall become due and payable upon any of the holidays following, that is to say,-upon New Year's Day, the Queen's Birthday, Good Friday, Easter Monday, Whit Monday, Ascension Day, Christmas

days or fast-days.

1 See Act 34, 1889; and as to law of Bills of Exchange, &c., see Act 19, 1893.