act 026 of 1857 : Ferries Straits Settlements Act, 1857 [Repealed]

Ferries Straits Settlements Act, 1857 [Repealed]

ACTNO. 26 OF 1857
09 May, 1857
Not in force in India
Passed by the Legislative Council of India.

(Received the assent of the Governor General on the 5th September 1857.)

An Act for regulating Ferries, in the Settlement of Prince of Wales' Island, Singapore, and Malacca.

PREAMBLE

Whereas it is expedient to regulate the Public Ferries within the Settlement of Prince of Wales' Island, Singapore, and Malacca; It is enacted as follows:

Section 1. Governor may establish Jerries

The Governor of the said Settlement may declare what Ferries within any part of the Settlement shall he deemed Public Ferries; and at any time hereafter may establish new Ferries where they are needed; and may from time to time change the course of any Public Perry, or discontinue any Public Perry that is deemed unnecessary.

Section 2. Tolls to be fixed by Governor

Tolls, according to such rates as shall from time to time be fixed by the Governor, shall be levied upon all passengers, carts, carriages, cattle, and other animals, and on all goods and merchandise carried over any Public Ferry.

Section 3. Toll-keeper

At every Public Perry a Toll-keeper shall be appointed, whose duty it shall be to take the lawful tolls.

Section 4. Table of tolls

A Table of tolls, written or printed in the English and Native languages, shall be hung up in some conspicuous place near every Perry, so as to be easily read by all persons crossing at the Perry.

Section 5. Penalty for neglecting to put up a Table of tolls

Every Toll-keeper who shall neglect to hang up and keep in good order and repair such Table of tolls, or who shall wilfully remove, alter, or deface the same, or allow it to become illegible, shall be liable to a penalty not exceeding ten Rupees.

Section 6. Extortion or misconduct by Toll-keeper

Every Toll-keeper who shall ask or take any toll, other than the lawful toll, or who shall without due cause delay any passenger, cart, carriage, animal, or goods, shall be liable, to a penalty not exceeding fifty Rupees.

Section 7. Refusal to pay toll, & c

Every person crossing at any such Public Ferry, who shall refuse to pay the toll, or who, with intent of avoiding payment thereof, shall fraudulently or forcibly pass by or through any toll-station without paying the toll, or who shall obstruct any Toll-keeper or any of his assistants in any way in the execution of their duty under this Act; and every person who shall maliciously damage any toll-bar, boat, or any other thing employed in or about any Public Ferry, or who shall maliciously remove, alter, destroy, or damage any Table of tolls hung up as hereinbefore directed shall be liable to a penalty not exceeding fifty Rupees over and above the value of the damage, if any, which he has done.

Section 8. Registry of Perry-boats

All public Ferry-boats shall be numbered and registered as the Governor of the Straits' Settlement shall direct; and the names of all Tindals, or persons placed in charge thereof, and of all Toll-keepers, shall likewise be so registered.

Section 9. Bye-laws for regulating Ferry-boats, & c., to be made by Chief Civil Authority

The Chief Civil Authority of each Station in which there shall be a Public Ferry, shall make rules, subject to confirmation by the Governor of the Straits' Settlement, fixing the number of passengers, carts, carriages, and animals, and the quantity of goods that may be carried in any Public Ferry-boat at one trip, and for the safe and convenient carriage of passengers and property, and for keeping the Ferry-boats in good order, and otherwise for the due discharge of their duty by all Tindals, Toll-keepers, and other persons employed, at any Public Ferry: and any Tindal, Toll-keeper, or other person infringing or disobeying any such rule, shall be liable to a penalty not exceeding twenty Rupees and also to make good any loss or damage caused thereby, the amount of which shall be summarily ascertained by the Magistrate within whose jurisdiction the offence was committed; and such amount may be recovered as any penalty under this Act may be recovered.

Section 10. Carrying for hire within three miles, of a Ferry without license of Chief Civil Authority, prohibited

Every person who shall convey for hire any passenger, animal, cart, carriage, or goods across any arm of the sea, creek, or river within the said Settlement, to any point or place on the opposite bank or cost within a distance of three miles on either side above or below any Public Ferry, without the special license of the Chief Civil Authority of the Station in which the Ferry is situated, shall be liable to a penalty not exceeding fifty Rupees.

Proviso. Provided that nothing in this Section shall subject to such penalty any person who shall specially let for hire his boat for the conveyance of any other person or his family or goods across any creek or arm of the sea within the said Settlement.

Section 11. Adjudication of penalties

All offences against this Act shall be summarily heard and determined by a Police Magistrate of the Station within the limits of which the same shall have been committed; and all penalties shall be recovered in the manner directed for the levy of fines and penalties by Act XIII of 1856.

Section 12. Control and management of Ferries

Every Public Ferry shall be under the control and management of the Municipal Commissioners of the Station in which the same is situate. The said Commissioners shall appoint the Toll-keeper and such other establishment as they may deem sufficient for the purposes of this Act.

Section 13. Collection and farming of tolls

All tolls payable at any Public Ferry shall be collected by the Municipal Commissioners of the Station, in which the same is situate, and shall form part of the Municipal Fund of that Station. The said Commissioners, with the sanction, of the Governor, may grant a lease of any such Ferry for any period not exceeding seven years.