No. 15-1857. neglect to give such months at its expense. 11. Should any municipality neglect to give such notice as If municipality aforesaid, then it shall be lawful for the Colonial Government to notice, police to be continue in employment such additional policemen as aforesaid, continued for three until the expiration of three months from the last day of that month, on any day of which month notice shall be given by such municipality to the Resident Magistrate aforesaid, that such municipality desires to cease to avail itself of the provisions of this Act, and one-half of the cost of all additional policemen employed by desire of such municipality, down to the expiration of such three months, shall be payable by such municipality to the Colonial Government, and may be recovered by the Colonial Government from the municipal commissioners for the time being by action in any competent Court. Municipality may additional police. to be paid before any 12. It shall be lawful for any municipality which shall have add to or reduce the desired and received, in manner aforesaid, any particular number of additional policemen, afterwards to add to or reduce that number, as circumstances may require, and thereupon the provisions of this Act shall apply to such altered number: Provided that the number of additional policemen for the time being shall not be altered, except in pursuance of the vote or decision of a meeting of resident householders, called upon a notice similar to that in the first Moiety of expense section of this Act mentioned: Provided, further, that as often as addition takes place. the number of additional policemen for the time being shall be increased, one-half of the estimated cost of such increase shall be paid by the municipality to the Civil Commissioner before such Sections 9 and 10 increased number shall be employed: And provided, also, that as policemen proposed often as the number of additional policemen shall be reduced, the provisions of the ninth and tenth sections of this Act shall apply to the number of policemen proposed to be reduced, precisely as if the number proposed to be reduced were the whole number of additional policemen for the time being, and as if such municipality were desirous to cease altogether to avail itself of the provisions of this Act. to apply in respect of to be reduced. Act to apply to all municipalities exeept Cape Town. 13. The provisions of this Act shall apply to all the municipali ties within this Colony for the time being, except the municipality of Cape Town. WHEREAS it is expedient to consolidate the laws relating to the Preamble. performance of quarantine, and the observance of port regulations, by vessels arriving in the ports of this Colony: 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: 1. The Ordinance No. 65, dated 6th August, 1829, entitled Ordinance 65, and "An Ordinance for establishing certain regulations for the protec-minune 4, 1814, tion of the public health, in cases of arrival of vessels from foreign countries in the ports of this Colony, with malignant diseases on board, of an infectious or contagious nature," and the Ordinance No. 4, of 1844, entitled "An Ordinance relating to merchant vessels arriving in the ports of this Colony," are hereby repealed, excepting so far as the said Ordinances repeal or revoke any former Ordinance or proclamation, or any part thereof. 'See Acts 5, 1887; 27, 1893, §§ 3-7; 7, 1894, §§ 36, 37; and 16, 1894, § 4 sub- (f). No. 16-1857. terins. : 2. In the interpretation of this Act, whenever the terms or Interpretation of expressions following shall occur, the same shall be construed respectively in the manner hereinafter directed, that is to say,the term ship and the term vessel shall be construed to mean ship or vessel generally the term commander or master of any ship or vessel shall be construed to mean the person having or taking the charge or command of such ship; the term seaman, shall be construed to mean alike seaman, mariner, sailor, or landsman, being one of the crew of any ship; and the term port captain shall extend to and embrace the deputy port captain or harbour master, or any other person authorised to perform the particular duty, or act in the particular matter referred to, or in question, in the section in which the said term port captain is used; and whenever mention is made of any public officer, the officer mentioned shall be deemed to be such officer for the time being, or the officer acting as such. Ship's papers, &c., to be produced. Penalty. to be delivered. QUARANTINE REGULATIONS. [Sections 3 to 18 inclusive repealed by Act 4 of 1883.] PORT REGULATIONS, 19. The master of every merchant vessel arriving in a port of this Colony, shall, upon demand, produce and show the ship's register and ship's papers to the Port Captain, or Resident Magistrate, or Justice of the Peace, as the case may be, for his inspection; and shall deliver a list of his passengers, with a description of their rank, sex, and occupation, together with a list of any deaths or removals that may have occurred during the voyage, and shall report in writing if any person or persons should have stowed themselves away, or concealed themselves on board of such vessel without his knowledge or consent; and any master not duly accounting for every individual aforesaid, or falsely accounting for any of them, or refusing to deliver the list when thereunto required as aforesaid, shall forfeit for every such offence the sum of £50. Public mails, &e.. 20. (1) The master of every merchant vessel arriving as aforesaid, shall deliver all public mails entrusted to him for delivery in the Colony to the Port Captain, Resident Magistrate, or Justice of the Peace, at the time of his vessel being boarded by such officer, under a penalty of £20 for every mail, box, bag, or parcel, which he may neglect or refuse so to deliver; and he shall at the same time deliver, in order that they may be transmitted to the post office, all letters, placed in his charge for delivery in this Colony, whether in packages or loose, with the exception only of letters addressed to owners, freighters, or consignees of the vessel, and of 1 See also §§ 38, 39, Act 4 of 1882. letters addressed to be delivered with goods brought by the vessel to the consignees of such goods; and in case he neglect or refuse so to do, he shall forfeit for every such letter so unlawfully retained a sum not exceeding £2. No. 16-1857. Penalty. certain ports to be them. 21. () The respective Port Captains of the Ports of Cape Town, Vessels arriving at Port Elizabeth, Simon's Town, Port Alfred, East London, and hoarded, and have such other ports in this Colony as may from time to time be berths assigned to appointed for that purpose by Proclamation of His Excellency the Governor, to be published in the Government Gazette, shall, upon the arrival of any vessel in the said ports between sunrise and sunset, board her immediately, and, if practicable, previous to her coming to anchor, in order that he may point out to the master of the vessel a proper berth; and in case he should be prevented from so boarding, in consequence of the quarantine regulations, he shall point out a berth for such vessel arriving under such circumstances, and after having pointed out any such berth as aforesaid it shall be lawful for the Port Captain, if it shall appear to him necessary so to do, to order any vessel to shift or change her berth to any other berth to be pointed out, and any master of a vessel disobeying any order of a Port Captain under this section shall be liable to a penalty not exceeding £50. Penalty on vessels changing berths. Port captain to offer his services to Her Majesty's ships foreign states. and national vessels 22. Upon the arrival in any of the ports of this Colony of any of Her Majesty's ships or of any vessel in the employment of Her Majesty, or of any national ship belonging to any foreign state, of the Port Captain shall go off on board such ship as speedily as practicable, and offer to the commander thereof every assistance or service in his power; and if he be thereunto requested by the commander, he shall point out a proper berth for such vessel. with a copy of this structions. transmit captain to certain 23. Upon the Port Captain boarding any such vessel as afore- Commander of such said, or going alongside of her, as the case may be, he shall vessels to be supplied deliver to the commander or master a copy of this Act, and of Act and port insuch port instructions as may be in force in such port. 24. The Port Captains, respectively, shall immediately upon Port port of coming on shore, after having boarded or communicated with any arrival vessel arriving in the ports of this Colony, make out and transmit civil and naval ana report of such arrival to the Governor, the Colonial Secretary, and the Collector or Sub-Collector of Customs, in the port of arrival; and further, as regards arrivals in the ports of Cape Town and Simon's Town, to the Senior Officer of Her Majesty's ships and vessels in Simon's Bay; and, as regards arrivals at Port Elizabeth, to the Lieutenant-Governor. thorities. Bond with security to be given by master Cape Town, Simon's Town, and 25. The master of every merchant vessel arriving at either of the ports of Cape Town, Simon's Town, or Port Elizabeth, shall at within twenty-four hours after anchoring, unless prevented by sickness or stress of weather from coming on shore, give bond at the Port Office, with one approved surety, in the sum of £100, 1 Printed as amended by Act 13 of 1874, § 6. Port Elizabeth. No. 16 1857. The like bond at other ports. On entering port, vessel's guns to be unloaded. rockets to be dis cept in distress, or of the port captain. for the due fulfilment of the provisions of this Act; and if he omit or refuse to give such bond as is hereby required, he shall forfeit the sum of £100: Provided, always, that if no suit be commenced in respect of the said bond within one calendar month after the departure of the master of the vessel entering into such security, the said bond shall be null and void, so far as regards the surety mentioned therein, but shall remain in full force and effect as against the master. 26. The master of any vessel arriving at any port or place in this Colony, other than the ports aforesaid, shall, if required thereunto by the Resident Magistrate, Justice of the Peace, or other local officer as aforesaid, or by any person duly authorised by him, give like bond at the respective office or residence of said officers, in the like sum, and shall, in case of refusal, be subject to the like forfeiture as is provided in respect of the ports of Cape Town, Simon's Town, and Port Elizabeth respectively. 27. The master of every merchant vessel entering any of the ports of this Colony shall cause all guns on board to be immediately unloaded, and shall not suffer them to be reloaded until the vessel No firearms or is clear of the anchorage, under a penalty of £5; and any such charged, or blue master firing any gun or rocket, or burning any blue light, on lights burned, ex- board of his vessel, while within a port of this Colony, without with the permission having previously obtained permission from the Port Captain, except when such vessel may be in actual distress or want of assistance, shall be liable to a penalty not exceeding £20 for every such offence; and any person discharging a musket or other firearm loaded with ball or shot from any vessel or boat within the anchorage, or on the beach, shall be liable to a penalty not exceeding £2, or in default of payment, to imprisonment for a period not exceeding eight days. (') Regulations to be observed when ship gunpowder. 28. The master of every merchant vessel shall, whilst shipping ping or unshipping or unshipping any gunpowder in any port of this Colony, keep a red flag hoisted at the fore, and suspend all other work on board his vessel during the removal of such gunpowder into or out of his vessel, under a penalty of not exceeding £50; and shall, before the magazine of the vessel containing any gunpowder is opened, extinguish all fire and light in the said vessel, under a like penalty of not exceeding £50. And all boats carrying gunpowder to or from any vessel in any port of this Colony shall keep hoisted a red flag, under a like penalty. bour below high water mark. No ballast, &c., to 29. If any stones, gravel, or ballast, be cast into the water be cast into the ha, below high water mark, within the bays, rivers, or harbours of this Colony, from any merchant vessel, or from any boat, hired or employed by or on behalf of the owner or master of such vessel, unless with the permission of the Port Captain, Resident Magistrate, or other person duly authorised, as the case may be, then |