Evidence Amended by 34 Vic., No. 10 WESTERN AUSTRALIA ANNO OCTAVO DECIMO VICTORIÆ REGINÆ No. 14 An Ordinance for the further amendment of the Laws with respect to Evidence. (16 & 17 Vic., c. 83, WHER THEREAS the law touching evidence requires further amendment: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof: 1. That on the trial of any issue joined or of any matter or question or on any inquiry arising in any suit, action or other proceeding in any Court of Justice or before any person having by law or by consent of parties, authority to hear, receive and examine evidence, the husbands and wives of the parties thereto, and of the persons in whose behalf any such suit, action or other proceeding may be brought or instituted or opposed or defended, shall, except as hereinafter excepted, be competent and compellable to give evidence either viva voce or by deposition, according to the practice of the Court, on behalf of either or any of the parties to the said suit, action, or other proceeding. 2. That nothing herein contained shall render any husband competent or compellable to give evidence for or against his wife, or any wife competent or compellable to give evidence for or against her husband, in any criminal proceeding or in any proceeding instituted in consequence of adultery. 3. That no husband shall be compellable to disclose any communication made to him by his wife during the marriage, and no wife shall be compellable to disclose any communication made to her by her husband during the marriage. CHARLES FITZGERALD, GOVERNOR AND COMMANDER-IN-CHIEF. Harbours and Pilotage WESTERN AUSTRALIA ANNO OCTAVO DECIMO VICTORIÆ REGINÆ No. 15 An Ordinance to consolidate and amend the Laws for the WH [Assented to 26th April, 1855. HEREAS it is expedient that the laws relative to the regulation Preamble of Shipping and of Pilotage and other Dues in the ports or harbours of this Colony should be consolidated and in some respects amended: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof: 1. That the following Ordinances-that is to say, the 2nd William Repeal IV., No. 9, the 4th & 5th Victoria, No. 15, the 9th Victoria, No. 10, the 14th Victoria, No. 2, and the 16th Victoria, No. 15-shall be and the same are hereby repealed, save and except as to any penalties incurred and any bonds or securities given and still in force under any of the said Ordinances. 2. That from and after the passing of this Ordinance it shall be lawful for the said Governor, with the advice of the Executive Council of the said Colony, from time to time to frame rules and regulations not repugnant to any of the provisions of this Ordinance to be observed by all masters and commanders of all ships or vessels in any of the ports or harbours of the said Colony, and by all persons duly appointed or licensed to act as Harbour Masters or Pilots in such ports or harbours; and the said rules and regulations to alter, amend or repeal and substitute others in their stead: Provided that all such rules and regulations shall be promulgated by proclamation in the 'Government Gazette' at least one month before the same shall take effect, at the expiration of which time the same shall be in full force and effect: Provided further that until any rules and regulations shall be made and promulgated under the authority of this Ordinance, any rules and regulations on the same subject in force immediately before the passing of this Ordinance shall continue in force. 3. That in case any person being the master or in command of any ship or vessel, or being a Harbour Master, or being duly licensed to act as a Pilot in any of the said ports or harbours, shall in any case violate or neglect to observe any such rules and regulations so promulgated as aforesaid, every person so offending shall, for every such offence, forfeit and pay any sum not exceeding twenty pounds sterling: Provided that no master or commander of any ship or vessel shall be liable to a fine Governor make rules and pubGazette lishes in Penalty or nonobservance of lations Rules and Regu . Coaster may compound Governor may alter License Pilot show license Master of ship exempt from pilot duty after signal Not to receive allowance on board over 48 hours Penalty on refractory or mischievous Pilot Harbours and Pilotage for any breach of such rules and regulations, unless a copy thereof shall have been previously delivered to him or left on board his ship or vessel. 4. [Repealed by 37 Vic., No. 14, s. 1.] 5. [Repealed by 87 Vic., No. 14.] 6. That it shall be lawful for the said Governor to grant licenses to persons duly qualified to act as pilots for any of the ports or harbours of the said Colony; and that every such license shall contain the name, age, stature, complexion and place of abode of the person thereby licensed, and shall further certify for what port he is duly qualified to act as pilot. 7. That the master or commander of any ship or vessel, not being a coasting vessel or vessel of war, arriving from parts beyond the sea at or off any port or harbour of the said Colony wherein any Pilot shall have been appointed, for the purpose of entering the same, shall deliver and give in charge such ship or vessel to the Pilot who shall first board or go alongside the same, in order to conduct the same into port; and such pilot shall, if required by such master or commander, produce his license to act as Pilot; and no master or commander of any such ship or vessel shall proceed to sea from any of the said ports or harbours, or quit his station or anchorage therein in order to proceed to sea, without receiving on board some duly licensed Pilot to conduct the said ship or vessel to sea; and any master or commander who shall take his ship or vessel into any of the said ports or harbours, or shall attempt to take the same to sea without first receiving on board thereof some Pilot, as aforesaid, shall, on conviction of such offence, forfeit and pay a sum equal in amount to such sum as the pilotage of such ship or vessel would have amounted to if a Pilot had been received on board: Provided that if such master or commander shall have made the signal for a Pilot at the proper time and no Pilot shall offer himself to take charge of the ship or vessel, then such master or commander shall not be deemed liable to pay the dues in such case appointed. 8. That no such Pilot as aforesaid shall be bound to conduct any ship or vessel to sea until the full amount of the outward pilotage and other dues of such ship or vessel shall be first paid or secured to be paid to the satisfaction of the Collector of Customs or Harbour Master. 9. That every Pilot in charge of any ship or vessel in or entering or proceeding from any such port or harbour as aforesaid, who shall be detained on board such ship or vessel for a period exceeding fortyeight hours, either on account of stress of weather or under quarantine, or by any act of the master thereof shall be entitled to demand and receive over and above lawful pilotage such daily sum, not exceeding eight shillings, as may be appointed by any rules and regulations made and promulgated as aforesaid. 10. That any licensed Pilot who shall without just and sufficient cause refuse, neglect, or delay to take charge of any ship or vessel when so required; or who shall quit any such ship or vessel, or decline the piloting thereof after he has been engaged, or before the service for Harbours and Pilotage which he was hired shall have been performed; or shall, by drunkenness or otherwise, render himself incapable of conducting any ship or vessel, or shall do any injury to the same, or to the tackle and furniture thereof, shall, on conviction of such offence, forfeit and pay any sum not exceeding £50 sterling, or, at the discretion of the convicting Justices, be imprisoned, with or without hard labour, for any term not exceeding twelve months. board vessel 11. That whenever any ship or vessel (not being bona fide engaged Harbour Master, in the coasting trade of the said colony) shall arrive in any of the ports and harbours aforesaid, the Harbour Master of such port shall with due diligence repair on board such ship or vessel, and shall appoint the place where every such ship or vessel shall moor or cast anchor; and as often as the master or commander of any such ship or vessel shall be desirous of moving the same from one place of moorage or anchorage to another, he shall notify his desire to such Harbour Master, who shall in person or by a duly licensed pilot as his deputy, with all convenient speed go on board such ship or vessel, and unless he shall see good and sufficient cause to the contrary, shall direct the removal thereof; and for every such service such Harbour Master shall be entitled to demand and receive the several fees or dues appointed by the scale lettered A in the Schedule hereunto annexed or appointed by any other scale published under the authority of this Ordinance and for the time being in force. 12. That the master or commander of every ship or vessel enter- Bond ing any of the ports or harbours aforesaid, shall if so required to do by the Collector of Customs of such port or harbour, enter into a bond in the form or to the effect of the form lettered E in the Schedule hereunto annexed, with one surety to be approved by such Collector, conditioned for the due observance of the provisions of this Ordinance and of any rules and regulations made and promulgated as aforesaid : Provided that if such master or commander shall deposit the certificate Deposit certifi cate of registry of registry of his ship or vessel with such Collector, to be delivered back to the depositor or his agent with the port clearance, in such case it shall be lawful for such Collector at his discretion to dispense with such bond as aforesaid, retaining such certificate until the departure of the vessel as a security for the due payment of all dues and due observance of all regulations established, enacted, or authorised by this Ordinance. 13. That any person who shall throw or cause to be thrown out of any ship, vessel or boat in any port, harbour or anchorage of this Colony any ballast or other rubbish into the water or below high-water mark, or who shall remove or take away from any part of any such port, harbour, or anchorage, any sand, stone, or ballast without having first obtained the consent of the Harbour Master thereof, shall forfeit pay a sum not exceeding fifty pounds. 14. That the corpse of any person dying on board any ship or vessel in any port, harbour, or anchorage of this Colony shall be carried on shore and interred in a lawful and accustomed burial ground, and if any corpse shall be thrown overboard within the precincts of any of the ports, harbours, or anchorages of this Colony, the master or Throwing ballast, &c., into water Removing sand, stone, or ballast Corpses to be carried on shore Removing or injuring buoys, &c. Fastening ships, &c., to buoys Obstructing execution of process Aggravating cir cumstances Seaman not to be arrested Penalty for harbouring any deserters Penalty for engaging deserters Master or com ing with Harbour . Master or Pilot Harbours and Pilotage commander of the ship or vessel from which such corpse shall have been removed shall forfeit and pay a sum not exceeding twenty-five pounds. 15. That any person who shall wilfully remove, injure or remove any buoy, beacon or sea-mark used for the convenience of navigation or security of shipping, shall forfeit and pay a sum not exceeding fifty pounds. 16. That any person who shall without permission from the Harbour Master, make fast any ship, vessel, boat, raft, timber, or any other article to any such buoy, beacon or sea-mark as aforesaid, shall forfeit and pay a sum not exceeding ten pounds. 17. That any person who shall oppose or obstruct the execution on board any ship or vessel in or off any of the ports, harbours or anchorages of this Colony of any warrant or other legal process, shall forfeit and pay a sum not exceeding fifty pounds; but in case such opposition or obstruction shall appear to the Justice or Justices of the Peace before whom the information shall have been laid, to be accompanied by any circumstances of aggravation, it shall be lawful for such Justice or Justices to commit the offender for trial at the next Quarter Sessions of the Peace, or to take sufficient bail for the appearance such offender to take his trial at the said Sessions; and in any case such offender shall be thereat convicted of an aggravated act of such obstruction or opposition as aforesaid he shall suffer such punishment by fine not exceeding one hundred pounds or by imprisonment for any period not exceeding six months as to the said Court of Quarter Sessions shall seem meet. of 18. That no seaman forming part of the crew of any ship or vessel shall be arrested on account of any debt of less amount than ten pounds unless he shall have engaged himself as such while resident in this Colony. 19. That every publican or other person who shall knowingly harbour or conceal, directly or indirectly, any seaman belonging to any ship or vessel in any of the ports or harbours aforesaid, being absent without leave of the master thereof or deserting from his duty, shall forfeit and pay for every seaman so harboured or concealed any sum not exceeding twenty pounds. 20. That every master or commander of any private or merchant ship or vessel who shall hire or engage to serve on board such ship or vessel any seaman or other person who shall to the knowledge of such master or commander have deserted from any other ship or vessel then being in any of the said ports or harbours, shall on conviction thereof forfeit and pay for every seaman or other person so hired or engaged any sum not exceeding ten pounds. 21. That if any master or commander of any vessel shall interfere mander interfer, with any Harbour Master or Pilot in the execution of his duty in regard to such vessel so as to resist or impede him in the proper performance thereof, such master or commander shall for every such offence forfeit and pay any sum not exceeding twenty pounds. Procedure 22. That all forfeitures and penalties imposed by this Ordinance may be recovered by summary conviction before any two or more Justices of the Peace. |