the master of such vessel shall, for every such offence, forfeit a sum of not exceeding £50. 30. [Repealed by § 37 Act No. 7, 1894.] No. 16-1857. her berth without 31. Any master of a merchant vessel shifting or changing the No vessel to shift berth of his vessel, after he has come to anchor in the anchorage permission. ground of any port in this Colony, by direction of the Port Captain without obtaining the previous sanction of such Port Captain, excepting in case of emergency, when he shall report his having done so as early as possible to the Port Captain, shall be liable to a penalty not exceeding £10. Port captains shall cables, or supply ships with anything not sell anchors or for profit. 32 to 35. [Section 32 to 35 repealed by Act 46 of 1885.] 36. (1) It shall not be lawful for any Port Captain, or for any of the crew of his boat, or for any person whatsoever belonging to his department, to supply, by way of sale or for profit, any anchor or cable, or to keep any boat or launch for the purpose of sending off anchors or cables to vessels, or to employ the boats or crews provided by the Government for that purpose, or to own or use any private boat or launch for the purpose of conveying water or ballast to ships, or for any purpose of trade, profit, or emolument whatever, excepting for the recovery of anchors or cables which may have been parted with, or for the removal of any article or thing whatever which may be deemed necessary for the sole purpose of keeping the anchorage ground clear and free from obstructions, as herein before mentioned: Provided, always, that nothing herein Except in cases of contained shall be construed to extend to preclude or prevent any Port Captain from procuring, taking, or sending off in the Government or any other boat, any anchor or cable to any vessel in distress, or from rendering any other assistance in such cases, or from being duly and properly remunerated for the same according to law. distress. No person in the 37. It shall not be lawful for any Port Captain, or for any of the crew under his authority, or for any other person belonging to his recommend agents, department, to take off in the Government boat any merchant, &c., to any ship. agent, dealer, or other person connected with the shipping interests, or to recommend, directly or indirectly, to the master of any vessel arriving in the ports of this Colony, or to any passenger, or any other person on board thereof, any merchant, agent, dealer, hotelkeeper, lodginghouse-keeper, tradesman, boatman, or other person whatever, for employment in any capacity, or to be dealt with for the shipping of stores, provisions, or supplies of any kind. PILOTAGE. 38. It shall not be lawful for any Port Captain to make any charge, or to receive from the master of any vessel any sum of money, as pilotage, or for acting as a pilot. 39. It shall not be lawful for any person to act as, or exercise the employment of, a pilot to vessels entering into, or departing This section not to apply to sale or contract effected under Act 46 of 1885. No. 16--1837. Mode of licensing pilots. from, any of the ports in this Colony, unless he has been duly licensed by the Governor (1) for that purpose; and any unlicensed person taking charge of any such vessel as a pilot, unless such vessel be in distress, shall be liable to a penalty not exceeding £50. 40. Before any person may be so licensed as a pilot, he shall be required to undergo an examination, touching his fitness and qualification to perform the duties of that employment, before two competent persons, to be nominated by the Governor; and if the persons so nominated shall report to the Governor that the person who is a candidate for the pilot's licence has been duly examined by them, and that they are of opinion that he is qualified to receive such licence, the Governor may, if he see fit, grant him a licence to act as, and exercise the employment of, a pilot in such port or ports of this Colony as are named in such licence; and upon the granting of any such licence, the same shall be notified in the GovernGovernor may can- ment Gazette: Provided, always, that if at any time afterwards the Governor should see reason to annul or suspend such licence, it shall be lawful for him so to do. cel licence. Employment of pilot optional with the master. pilotage established. 41. It shall be optional with the master to employ a pilot; and it is hereby declared that the Government shall incur no risk or responsibility whatever, in respect of any licensed pilot whom the master shall, at his option, think fit to employ. No specific rates of 42. Although it has been deemed expedient, by this Act, to require that persons acting as pilots to vessels entering into the ports of this Colony shall be licensed, in order the better to provide for the competency and good conduct of such persons, it has not been deemed expedient to establish or fix any rates of pilotage or remuneration to pilots when so employed, but to leave such remuneration for such service to be agreed upon or regulated between the master and pilot themselves; and nothing in this Act contained shall be deemed to have established or fixed any specific rates of pilotage. Pilots may board before pratique received. But may not communicate with the 43. In consideration of the nature of the services required of a pilot, it shall be lawful for any licensed pilot to proceed to any distance in the offing of any ports of this Colony, and to board any vessel, if the master think fit to receive him or to accept his services, notwithstanding that the vessel may not have been previously boarded by a Port Captain or Health Officer, as herein before provided. But in every such case, neither the pilot nor any of bis shore, or other vessel crew shall communicate with persons on or from the shore, or with any other vessel lying at anchor, until the vessel boarded by such pilot has received pratique; nor shall the pilot take any person with him in his boat, excepting the regular and usual crew of and belonging to his boat, when boarding a vessel before the Port Captain or his crew, under a penalty of £10, in respect of each Pilots not to re- person taken off contrary to the provisions of this section; nor 1 Licences may be signed by Colonial or Under Colonial Secretary. Act 25 of 1878, and Govt. Notice, August 23, 1878. at anchor. commend agents, &e. to ships. shall any pilot, or any of his crew so boarding as aforesaid, recommend, directly or indirectly, to the master of any such vessel, or to any passenger, or any other person on board thereof, any merchant, agent, dealer, hotel-keeper, lodginghouse-keeper, tradesman, boatman, or other person whatever, for employment in any capacity, or to be dealt with for the supply of stores, provisions, or supplies of any kind. No. 16-1837. laid down without 44. (1) It shall not be lawful to keep a hulk moored in any of Moorings not to be the ports of this Colony, or to lay down moorings in the anchorage permission of port ground thereof, without a licence having been previously obtained captain. from the Port Captain of the port; and if any hulk be moored, or any moorings laid down, contrary to the provisions of this section, the Port Captain of the port shall, and he is hereby authorised and required to, remove the same; and the person or persons so offending shall be liable to, and chargeable with, all costs and charges attending such removal, and shall also forfeit the sum of £50. Boats to be licen 45. (2) Every owner of a boat in this Colony, whether used in the transport of merchandise, or for fishing, or for any other sed annually. purpose of hire or profit whatsoever, is hereby bound to obtain a licence for the employment of such boat, from the Port Captain, or the Resident Magistrate, and in case there be none such, from some other person duly authorised, at the port to which such boat belongs; and every such licence shall be renewed annually, between the 1st and 15th of January, in each year; and every licence granted at any time during the year, shall expire on the 31st December of that year; and the proprietor of any boat employed without such licence, or without having had a licence without licence. duly renewed at the expiration thereof, shall be subject to a penalty not exceeding £5; and in case of the proprietor not being forthcoming, such boat so employed without a licence shall be confiscated. Penalty on boat Bond to be passed before licence is 46. No licence shall be granted for any boat as aforesaid, until the owner thereof has given bond, in the penal sum of £20 granted. sterling, for his good and regular conduct, and for the due observance of these regulations, or such other as may hereafter be established by law on this head, and has produced a certificate of tonnage of the said boat, signed by a master shipwright or other competent person. be numbered and re 47. All boats so licensed shall be numbered, and their numbers, Licensed boats to painted legibly on their sterns, in figures of not less than three gistered. inches in length, with black paint on a white ground, and shall be duly registered at the office at which the licence shall be granted. 48. If the owner of any boat, licensed as aforesaid, or if any boatman or other person on board thereof, should sell, 'supply, or to a ship at anchor. convey any wine or spirituous liquors to any of the crew, or to any 1 For amount of licence see Act 20 of 1884, Tariff 15. *See also Tariff 15, Aet 20 of 1881, for annual licences to be taken out for certain classes of boats. Penalty for carrying wines or spirits No. 16-1857. within twelve other person on board of any vessel lying at anchor in any of the ports of this Colony, without the consent of the master of such vessel, the owner of such boat shall forfeit the sum of £2 for the first offence, the sum of £5 for the second offence, and the sum of £10 for the third, or any further like offence. Three convictions 49. Whenever the owner of any licensed boat has been convicted to forfeit of the offence in the last preceding section mentioned, three or more times within the space of twelve calendar months, then the licence for the boat by means of which the last offence has been committed shall thereupon, ipso facto, become null and void. On transfer of boat, licence becomes void. How if fine be not paid on conviction. Governor may remit fine. Offences against the Act where cognizable. 50. On the transfer, by sale or otherwise, of any licensed boat, as aforesaid, the licence for such boat shall become null and void, and the party to whom the boat is transferred shall be required to take out a new licence, and enter into the security required by this Act. 51. In case any fine imposed by any section of this Act shall not be paid upon conviction, then, in case no other punishment shall be provided in the section imposing the said fine, the offender shall be liable to be imprisoned, with or without hard labour, for any period not exceeding three months. 52. The Governor, if he shall see reason so to do, may remit or mitigate any fine or forfeiture incurred under this Act. 53. All contraventions of the present Act shall be cognizable in Cape Town before the Resident Magistrate or the Judge of Police, and in any other port, before the Resident Magistrate thereof, or of the district to which such port shall belong; and all fines and forfeitures incurred under any of the provisions of this Act, shall be sued for in the said courts respectively; and all penalties and forfeitures recovered under this Act, shall be divided and applied as How fines to be follows, that is to say,-one moiety of the proceeds to be paid to the person informing and suing for the same, and the other moiety to be paid into the Colonial Treasury, and to be applied to the general revenue of the Colony: Provided, always, that the Governor may, if he should deem it expedient, pay the whole amount of the penalty or forfeiture, or such part thereof as may have been recovered, to the person informing and suing for the same. SCHEDULE A. applied. [Repealed by Act 4 of 1883.] Preamble. SCHEDULE B. [Repealed by Act 46 of 1885.] No. 17-1857.] AN ACT [June 29, 1857. To Incorporate the South African Museum. WHEREAS the specimens of natural history and other public property deposited in the South African Museum have now become of considerable value: And whereas it is deemed expedient for public convenience, and the promotion of literature and science, that the books, coins, specimens of natural history, and other objects which this Colony now possesses, or may hereafter acquire by gift, bequest, purchase, or exchange, should be deposited in the custody of trustworthy persons: And whereas His Excellency the Governor has already appointed a committee for the management and guardianship of the said museum, and of the collections therein, and it is now deemed necessary that the members of the said committee should be incorporated as a board of trustees: Be it therefore enacted by His Excellency the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows: No. 17--1837. 1. A board of trustees, composed as hereinafter mentioned, shall Board of trustees be, and is hereby, constituted a body politic and corporate, by the appointed. name of "The Trustees of the South African Museum," by which name such body corporate shall have perpetual succession, and shall have a common seal, and shall, by the same name, from time to time sue and be sued, implead and be impleaded, answer and be answered unto, in all Courts of the said Colony, and shall be able and capable, in law, to take, purchase, and hold to them and their successors all goods, chattels, and personal property whatever, either now deposited within the precincts of the South African Museum, or hereafter to be acquired by gift, bequest, purchase, or exchange, and shall also be able and capable, in law, to take, To hold fixed and purchase, and hold to them and their successors, not only such other property. lands, buildings, hereditaments, and possessions as may from time to time be exclusively used and occupied for the immediate requirements of the said "South African Museum," but also any other lands, buildings, hereditaments, and possessions whatever, situated in the said Colony or elsewhere; and they and their successors shall be able and capable, in law, to grant, demise, alienate, and otherwise dispose of all or any of the property, real or personal, belonging to the said museum; and also shall be able and capable to borrow and take up moneys for the use and purpose of the said on loan. museum upon mortgage of the lands, tenements, books, coins, specimens of natural history, and other said objects belonging to the said museum, and upon the security of the moneys granted and payable to the said museum under this present or any future Act; and also to do all other matters and things incidental to, or appertaining to, a body politic and corporate. 2. Provided, always, that it shall not be lawful for the said trustees to alienate, mortgage, lease, charge, or demise any lands, tenements, or hereditaments to which they may become entitled by grant, purchase, or otherwise, unless with the approval of the Governor of the said Colony for the time being. May raise money Not sell, or otherwithout consent of wise alienate, lands Governor. Museum, when to 3. The said South African Museum shall be kept open free of charge, to visitors, during at least four days in the beopen free of charge week. |