A.D. 1898. Contents of advertisements. Where advertise lished. Executors and Administrators Relief. 5 Every advertisement published in pursuance of this Act shall contain the name and addition of the Testator or Intestate; also the name and addition of the Executor or Administrator; and shall require all claims against the estate of the Testator or Intestate to be sent to the Registrar of the Supreme Court in writing on or before a certain day to be mentioned in the advertisement. 6 Notwithstanding the provisions of Section Four of the said Act, ments to be pub- as respects Claimants in any other of the Australian Colonies, it shall only be necessary to advertise in the Colony where the Claimant usually resided at the date of the death of the Testator or Intestate; and, as respects Claimants elsewhere than in any of the Australian Colonies, it shall only be necessary to advertise in the London Gazette when the Claimant at the date aforesaid did not reside in any of such Colonies. The term "Claimant" shall include a Company. "Australian Colonies" shall include the Colony of New Zealand. 7-(1.) If the advertisement is published only in Tasmania, the day therein mentioned as that on or before which claims are to be sent to the Registrar of the Supreme Court shall be not less than One month nor more than Two months after the last publication of the advertisement. (2.) If the advertisement is also published in any one or more of the other Australasian Colonies, such day shall not be less than Two nor more than Four months after the date of the last publication of the advertisement. (3.) If the advertisement is also published in London, such day shall not be less than Four nor more than Eight months after the date of the last publication of the advertisement. 8 All claims against the estate of any Testator or Intestate which shall be sent to the Registrar of the Supreme Court in accordance with any such advertisement as aforesaid, shall be forthwith recorded by the Registrar in a book which shall be called "The Claims Book," and within One week after receipt thereof respectively shall be transmitted by the Registrar to the Executor or the Administrator. 9 Before any Executor or Administrator shall be entitled to claim the benefit of the said Act he shall file with the Registrar of the Supreme Court an affidavit stating what advertisements have been published by him in pursuance of this Act, and such affidavit shall be primâ facie evidence that the advertisements therein set forth have been duly published as therein mentioned. 10 Every Executor or Administrator who shall desire to do so may file with the Registrar of the Supreme Court copies of the Gazettes and newspapers in which he has published any such advertisement as aforesaid, and may refer to such copies of Gazettes and newspapers in such affidavit as is hereinbefore mentioned, instead of setting forth the particulars of such advertisements in such affidavit. 11 The "Form of Account" prescribed in the Schedule to the said Act may be varied by the Registrar of the Supreme Court from time to time as the circumstances of the case may require. 12 This Act and the said Act shall be read and construed together as one Act. WILLIAM GRAHAME, GOVERNMENT PRINTER, TASMANIA. AN ACT to further amend "The Marine A.D. 1898. Boards Act, 1889," and to make provision for the Reconstitution of the Marine Board of Strahan. [29 October, 1898.] WHEREAS it is desirable to further amend the Law relating to PREAMBLE. Marine Boards and other matters pertaining to Navigation and Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: 1 This Act may be cited as "The Marine Boards Amendment Short title. Act, 1898." 2 In this Act Interpretation. "Elector." "The said Act" shall mean "The Marine Boards Act, 1889": 53 Vict. No. 34. A.D. 1898. Saving Clause. Amendment of 56 Vict. No. 57. Amendment of 53 Vict. No. 34. Amendment of Amendment of Power for Marine Boards Amendment. within the district owned or occupied by such Elector as ascertained by the Valuation Roll according to the scale set forth in "The Rural Voting Act, 1884," and the word "Elector" as used in that Act shall hereafter include an Elector under this Act. 3 The repeal by this Act of any portion of the said Act shall not affect any obligation, liability, or penalty heretofore incurred under the said Act, nor the past operation of such portions of the said Act, nor anything duly authorised, done, or suffered thereunder. 4 The words "not being a vessel whose port of registry is within the Colony of Tasmania" are hereby inserted after the words " every vessel" in the second line of Section Fourteen of "The Marine Boards Amendment Act, 1892," and that Section shall henceforth be read and construed as if the said first-mentioned words were contained therein. 5 The words "by the Marine Board of Hobart for use in connection with the lighting apparatus and maintenance of any of the several Lighthouses in this Colony" in the second, third, and fourth lines of Section One hundred and eighteen of the said Act are hereby repealed, and in lieu thereof the words " by any Marine Board for use in connection with the lighting apparatus and maintenance of any Lighthouse or River or Harbour Light under the management and control of such Board" are hereby inserted in the said Section, and that Section shall henceforth be read and construed as if the said lastmentioned words were contained therein instead of the words hereby repealed. 6 The following words are hereby added to Section One hundred and twenty-two of the said Act, and that Section shall be read and construed as if such words followed at the end thereof : "Provided also, that any vessel arriving for the purpose of landing or embarking, or which actually lands or shall embark, any passenger for whose passage the Master or Owner has received or is to receive any pecuniary or other payment, shall not be exempt under this Section from any Lighthouse Dues.' 7 So much of Section One hundred and thirty of the said Act as relates to Certificates of Masters is hereby repealed, and the following provision is hereby enacted in lieu thereof and may be cited as the portion of Section One hundred and thirty of the said Act relating to Certificates of Masters :-- "To grant Certificates of Competency to Masters of steamships or of sailing ships trading on any river or to, in, or between any port or ports in Tasmania, and not required by any other Act of the Parliament of Tasmania to be commanded by a Master having a Certificate of Competency or Service granted by any other authority, and also to suspend or cancel any such Certificate: Provided, however, that every such grant, suspension, or cancellation of any such Certificate shall be in accordance with regulations made by the Governor in Council." 8 The Governor in Council may make regulations providing for the mode of application for, and the form of, Certificates of Competency Marine Boards Amendment. of Masters of steamships or of sailing ships to be granted by any A.D. 1898. Marine Board under the provisions of Section One hundred and thirty of the said Act, the qualifications of applicants for such Certificates, Council to make Regulations for the examination to be passed by such applicants, and the fees to be Certificates of paid to the Board by such applicants, and generally providing for all Competency of such matters which shall be expedient in connection with the applica- Masters of tion for, and the granting, suspension, or cancellation of, such Certifi- steamships. cates: Provided always, that no person shall be qualified to conduct the examination of any applicant for any such Certificate unless such person is the holder of a valid Certificate similar to that applied for by such applicant, or of equal or higher value. 9 It shall be lawful for any Marine Board, if such Board shall Power for any think fit so to do, to grant to any person a licence to ply for hire with Marine Board to any undecked or partly decked steam, oil engine, or electric launch grant licences to within such limits within the jurisdiction of such Board as such Board ply for hire. shall think fit; and also from time to time to suspend or cancel any such licence. Every such licence shall be signed by the Master Warden for the time being of the Board granting the same, and shall specify the particular launch which is to be thereby licensed, the limits within which such launch is authorised to ply, the number of passengers which may be carried on board such launch, the person who is to have charge of or act as Master of such launch, and the person who is to have charge of or act as Driver of the machinery used in such launch; and such licence shall, unless suspended or cancelled by the said Board, continue in force from the date of granting the same until the Thirty-first day of December then next, and no longer. No such licence shall be granted by any Board for any launch until such launch and the machinery used in such launch have respectively been inspected by a shipwright surveyor and engineer surveyor respectively appointed by such Board to make such inspection, and until the person who is to have charge of or act as Master of such launch, and the person who is to have charge of or act as Driver of the machinery used in such launch, have respectively passed an examination as to Master's duties and Driver's duties respectively, and until a fee of Ten Shillings and Sixpence for each and every inspection, and a fee of Ten Shillings and Sixpence for each and every examination, have been paid to such Board. Provided that such Board may, if such Board shall think fit, authorise one person to have charge of or act as Master of any such launch and also at the same time to have charge of and act as Driver of the machinery used in such launch. Sections One hundred and fifty-seven. One hundred and fifty-nine, One hundred and sixty, and One hundred and sixty-nine of the said Act shall not apply to any launch for or in respect of which a licence as aforesaid shall have been granted, nor to any person in reference to such launch, so long as such licence continues in force and has not been suspended or cancelled, and such launch is plying for hire within the limits specified in such licence as the limits within which such launch is authorised to ply; and during that time such licence shall, for the purpose of Section One hundred and seventy of the said Act, be deemed to be the Certificate mentioned in such Section, and such launch shall be deemed to be a duly surveyed passenger steamship within the meaning of Sections One hundred and seventy-one, One hundred and seventy-two, One hundred and seventy-three, and One hundred and seventy-four of the said Act. Addition to Section 160 of Marine Boards Amendment. 10 The suns to be paid by the Owner of every steam pleasure yacht requiring a Certificate under the said Act shall be one half only of the sums mentioned in Section One hundred and sixty-seven of the said Act. 11 The following Sub-sections are hereby added to Section One hundred and sixty of the said Act, and may be cited as Sub-sections 53 Vict. No. 34. (5.) and (6.) of such Section :— Amendments of Sections 30 and 159, ib. Amendment of Section 30 and "(5.) All steamships trading to or from or within any port in Tasmania shall be subject to the provisions of this Section, whether such steamships carry both passengers and cargo or passengers only, or cargo only, and whether such passengers or cargo are carried for any pecuniary or other payment or not. "(6.) Sub-sections (2.), (3.), and (4.) of this Section shall not apply to steam pleasure yachts." 12 The word "Two" in the third line of Sub-section (3.) of Section Thirty of the said Act is hereby expunged, and the word "Five" is hereby inserted in lieu thereof; and the words " and not less than Twenty-five Pounds" in the last line of Section One hundred and fifty-nine of the said Act are hereby expunged. 66 13 After the word "Mersey" in the first line of Sub-section (1.) of Section Thirty of the said Act the following words are hereby Schedule (3.), ib. inserted :-" and the Marine Board of Table Cape"; the words "Table Cape" in the first line of Sub-section (2.) of the said Section Thirty are hereby expunged; and in Schedule (3.) of the said Act in the eleventh line the word "Two" is hereby expunged, and the word "Four" is hereby inserted in lieu thereof. Districts may be defined by Governor. Constitution of Strahan. 6 14 The Governor may by Proclamation divide the Electoral Districts of Zeehan and Lyell as defined by "An Act to amend The Electoral Act, 1896,"" passed during the present Session, into three Districts, to be called the Districts of Strahan, Zeehan, and Queenstown, respectively, for the purpose of electing Wardens of the Marine Board of Strahan as hereinafter provided. 15 From and after a date to be fixed by Proclamation made by Marine Board of the Governor in Council, the present Members of the Marine Board of Strahan shall cease to hold office, and thereafter the Marine Board of Strahan shall consist of Ten Wardens, Five of whom shall form a quorum, and such Wardens shall be elected and appointed as follows: Two Wardens to be elected by the Electors of the District of Two Wardens to be elected by the Electors of the District of Two Wardens to be elected by the Electors of the District of Four Wardens to be appointed by the Governor in Council. |