« EdellinenJatka »
uch port, harbour, or haven, or the works thereof, by order under ir hands, or the hands of any three of them, or the hands of his or ir secretary, and published in The London Gazette, to prohibit
taking or removing of such shingle or ballast, upon pain of foring, for every such offence, the sum of £10. § 14. Tarpaulins to be used.—And further, in the taking of ballast into
ship or vessel, lighter, barge, boat, or other craft, and also in the charging of the same from any ship or vessel into any lighter, boat, ge, or other craft, every such ship or vessel, &c. shall be provided th, and shall make use of one or more tarpaulin or tarpaulins proriy stretched and spread, in order to prevent such ballast, or any rt thereof, from falling into the sea, or into any harbour, haven, or vigable river: and in case any person or persons shall either take
ballast into any ship or vessel, lighter, barge, boat, or other craft, shall discharge the same from any such ship or vessel into any ghter, barge, boat, or other craft, without using such sufficient tarulin or tarpaulins, properly stretched and spread, in order to preent such ballast or any part thereof, from falling into the sea, or into as such harbour, haven or navigable river; every person offending herein shall, for every such offence, forfeit and pay the sum of £5. 15.
Dispensing of provisions relative to ballast.-And further, it may be awful for the lord high admiral, or lords commissioners for executing he office of lord high admiral, to grant licences under their hands and eal of office, or under the hand and seal of office of his or their secreary, for dispensing with the foregoing provisions relative to ballast, a cases that may seem to require such dispensation. $ 16.
Vessels sunk to be raised.–And whereas ships or vessels, lighters, barges, boats, and other craft, are oftentimes sunk or stranded in the ports, harbours, havens, roads, roadsteads, sounds, channels, creeks, days, and navigable rivers of this kingdom; and the same or the hulks thereof are frequently suffered to sink into and remain in the sand there, to the great damage of the said ports, harbours, &c. and also to the great danger and damage of the ships and vessels coming and resorting to the same; for remedy thereof, be it enacted, that when and as often as any ship or vessel, lighter, barge, boat, or other craft, shall be sunk or stranded in any port, harbour, haven, road, roadstead, sound, channel, creek, bay, or navigable river in this kingdom, where such harbour-master shall be so appointed as aforesaid, it shall be lawful for any such harbour-master, and also for any commissioners of the navy, residing in or near the place where the same shall happen, in case the owner or owners, master or other person having the charge or command of such ship or vessel, &c. shall refuse or neglect to weigh and raise the same for the space of twenty-eight days then next following, to cause any such ship or vessel, &c. to be weighed and raised, and to cause the same, and the furniture, tackle, and apparel thereof, or any part thereof respectively, and also all or any part of any goods, wares, merchandises, chattels, and effects which shall be found on board the same, to be sold by public auction, or otherwise, and thereby and therewith to pay the charges and expenses of weighing and raising such ship or vessel, &c. and clearing the port, harbour, &c. or navigable river, where the same shall happen, and also the charges and expenses of such sale, rendering the overplus (if any be) to the owner or owners, or other person or persons who by law shall be entitled to the same. And every such harbour-master, and commis
sioners of the navy, and all and every officer and officers of any of his Majesty's ships of war, docks, dock-yards, and arsenals, and all and every other person and persons acting in his, their, or any of their aid or assistance, shall be, and he and they is and are hereby indemnified for all and whatsoever he or they shall do or cause to be done in pursuance of this act. § 17, 18.
Harbour-master neglecting for two months.—Provided always, that in case the said harbour-master or commissioner of the navy, shall not proceed to cause such ship or vessel, lighter, barge, boat or other craft to be weighed and raised within the space of two calendar months next after the expiration of the said twenty-eight days, then and in that case, it shall and may be lawful to and for such owner or owners, master or other person, to proceed to weigh and raise such sunken or standard ship or vessel, &c. and the goods and effects therein, in the same manner, as if this act had not been made and passed. $ 19.
Commissioners of the navy to act as justices.-And every commissioner of the navy, who for the time being shall be residing at any port, dock-yard, or arsenal, near to any place where any offence against this act may be committed, shall be and be deemed to be a justice of the peace, for all the purposes of this act; and that all and every the laws and statutes of this realm made and now in force, for the ease, safety, and protection of justices of the peace in the execution of their office, shall extend, and be construed to extend to all such commissioners of the navy, and to all constables, headboroughs, or other peace-officers or persons acting under the warrant or authority of any such commissioner of the navy, as fully and effectually to all intents and purposes, as if the same were herein and hereby repeated and re-enacted as to and for the ease, safety, and protection of such commissioners of the navy, and the constables, headboroughs, or other peace-officers or persons acting under their or any of their warrant of authority. $ 20.
Limitation and recovery of penalties.-All the penalties and forfeitures imposed by this act shall be sued for within twelve calendar months next after the offence or offences shall be committed, before any commissioner of the navy or justice of the peace, residing at or near to the place where any such offence or offences shall be committed; all which said penalties and forfeitures shall go and be applied as follows, (that is to say ;) one moiety thereof to his Majesty, and the other moiety, with full costs, to the informer; and every commissioner of the navy and justice of the peace is authorized and required, upon information exhibited or complaint made, to issue his warrant in writing under his hand, to bring before them respectively such offender or offenders at the time and place in such warrant specified; and if on the conviction of the offender or offenders respectively, on his, her, or their contession, or on oath, (which oath every such commissioner of the navy and justice of the peace is hereby authorized and empowered to administer,) such penalty or forfeiture, together with such costs as aforesaid, shall not be forthwith paid, it shall be lawful for such commissioner of the navy or justice of the peace to commit any such offender or offenders to the common gaol or house of correction for the county, city, or borough, at or near to the place where the offence or offences shall be committed, there to remain without bail or mainprize, for any time not exceeding three months, unless such penalty or forfeiture and costs shall be sooner paid $21.
Extent of jurisdiction of commissioners and justices.--- And whereas livers ports, harbours, havens, roads, roadsteads, sounds, channels, reeks, bays, and navigable rivers, in this kingdom, do lie partly in pne county and partly in another, and partly or in the whole out of he body of any county of this realm; by reason whereof doubts may arise as to the jurisdiction of any commissioner of the navy or justice of the peace, touching any offence or offences which may be committed contrary to this act; be it therefore enacted, that it shall be lawful for any commissioner of the navy, residing at or near to any port, harbour, or haven, or any part thereof, or for any justice of the peace for any county, city, or borough, acting in and for any district or place next adjoining to any such port, harbour, haven, road, roadstead, sound, channel, creek, bay, or navigable river, or any member of any of them, where any such offence or offences may be committed, to proceed in the execution of this act, and of all the powers and authorities thereof, herein and hereby given to commissioners of the navy and justices of the peace, in such and the same manner, and as fully and effectually to all intents and purposes, as if such offence or offences had been committed locally within the limits of the jurisdiction of such commissioner of the navy or justice of the peace, although the same may have been committed out of the limits of the jurisdiction of such commissioner or justice, or out of the body of any county of this realm. $ 22.
Offenders.--Every commissioner of the navy and justice of the peace before whom any person or persons shall be convicted of any offence or offences against this act, shall and may cause the conviction to be drawn up according to the following form, or in any form of words to the like effect, mutatis mutandis ; which conviction shall be good and effectual to all intents and purposes, without stating the case, or the facts or evidence, in any more particular manner (that is to say;)
Form of conviction.—" Be it remembered, that on day of
our Lord A. B. is convicted before me
one of the commissioners of the navy, or one of his Majesty's justices of the peace for the
of [as the case may be) for that the said A. B. on the day of
at did [here state the offence against this act] contrary to the statute in such case made and provided. Given under my hand and seal the day and year first above written.” Which conviction the said commissioner or justice shall cause to be fairly written upon parchment or paper, and returned to the next general quarter sessions of the peace for the county, division, city, town corporate, liberty, or place, where such conviction was made, to be filed by the clerk of the peace, and there to remain and be kept, among the records of the same county, division, or place; and the same shall not be removed by certiorari, advocation, or suspension, or any other process whatsoever, into any court whatsoever.. § 23.
Punishing witnesses not attending:-If any person or persons shall be summoned as a witness or witnesses to give evidence before any such commissioner or justice of the peace, touching any of the matters relative to this act, either on the part of the informer or prosecutor, or of the party or parties accused, and shall neglect or refuse to appear at the time and place to be for that purpose appointed, without a reasonable excuse for such his, her, or their neglect or refusal, to be allowed by such commissioner, or justice of the peace before
whom the complaint or prosecution shall be depending, that then every such person shall forfeit for every such offence the sum of 101., to be recovered, levied, and paid and applied in such manner and by such means as is above directed with respect to fines on summary convictions. And if any person, upon examination on oath or affirmation before any commissioner of the navy, or before any justice of the peace, in any matter relating to the execution of this act, shall wilfully and corruptly give false evidence, or shall in any information or deposition sworn, or affirmation taken in writing, before any such cominissioner or justice, wilfully and corruptly swear or affirm any matter or thing which shall be false or untrue, every such person so offending, and being thereof lawfully convicted, shall be and is hereby declared to be subject and liable to the like pains and penalties as any persons convicted of wilful and corrupt perjury are by any law now in force subject and liable to. Ø 24, 25.
Appeal.-It shall be lawful to and for any person so convicted by any commissioner of the navy or justice of the peace of any offence against this act, within three calendar months next after such conviction, to appeal to the justices of the peace assembled at the general quarter sessions holden for the county, city, or place, where the matter of appeal shall arise, first giving ten days' notice of such appeal to the person appealed against, and of the matter thereof, and entering into a recognizance before some commissioner of the navy, or justice of the peace for such county, &c. with two sufficient sureties conditioned to try such appeal, and for abiding the determination of the court therein ; and such justices at the general quarter sessions shall, upon due proof of such notice having been given, and a recognizance having been entered into, hear and determine the matter of such appeal, and may either confirm, or quash and annul the said conviction, and award such costs to either party as to them shall seem just and reasonable ; and the decision of the said justices therein shall be final, binding, and conclusive. But if any action or suit shall be commenced against any person for any thing done in pursuance of this act, such action or suit shall be commenced within six months after the matter or thing done, and the venue therein laid in the proper county, and not elsewhere ; and the defendants in such action or suit may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon; and if a verdict shall pass for the defendants, or the plaintiff shall be nonsuited or discontinue his action, after the defendants have appeared, or if judgment shall be given upon any verdict or demurrer against the plaintiff, the defendants shall recover treble costs, and have the like remedy for the same as defendants have by law in other cases. $ 26, 27.
Saving.-Nothing in this act to prejudice, diminish, abridge, alter, or take away any right of property, privilege, or jurisdiction, or any powers of conservancy, by any body corporate or politic, or by any lord or lady of any manor, or any person whatsoever.
Cutting and destroying buoy-ropes, cables, &c., see page 65 and in SALVAGE, PART III. Chap. II.
Dealers in marine stores, regulations for, see in SALVAGE, Part III. Chap. II.
I. Of the Laws relating to the regulation of PARTICULAR Ports and
2. Respecting Ballast.
9. Ports of England and Scotland. of the port of London and the river Thames.-GUNPOWDER. By he act 5 Geo. II. c. 20. no master of any ship or vessel outward-bound, hall receive, or cause or permit to be received, on board any such ship iny gunpowder, either as merchandise or as stores or ammunition for he voyage (except for his Majesty's service) before such ship or vessel hall be at, over against, or below Blackwall, upon the pain of forfeiting, or every fifty pounds weight of gunpowder to be so shipped or received on board such ship, the sum of 5l., and so in proportion for a greater or esser quantity. $ 2.
The master of any ship coming into the river Thames shall land and put on shore all the gunpowder on board such ship, either before the arrival of such ship at Blackwall
, or within twenty-four hours, in case the weather shall permit, after such ship shall come to an anchor there, or at the place of her unlading, upon the pain of forfeiting the sum of 51. for every fifty pounds weight of gunpowder found on board, and in the like proportion for a greater or lesser quantity. $ 3.
By a subsequent act, the 12 Geo. III. c. 61. they are permitted to retain or receive on board twenty-five pounds weight of gunpowder, all above which is liable to forfeiture in both cases, with a penalty of 2s. for every pound of gunpowder found on board above the said twenty-five pounds. $21.
The magistrates have no power to mitigate the penalty,
See also Provisions, in the Dock Acts.
FIRING OF GUNS, OR Guns Shotten.—By the 5 Geo. II. c. 20. if any master or other officer of any ship (except his Majesty's ships) shall, while such ship shall lie or be in the river of Thames, between
London-bridge and Blackwall, keep any gun or guns, of and belonging to such ship, shotted or loaded with ball; or shall fire or discharge, or cause or permit to be fired or discharged any gun or guns on board such ship, lying above Blackwall, before sun-rising or after sun-setting, such master, commander, or officer, shall, for every such gun so kept shotted or loaded, forfeit the sum of 5s., and for every gun so fired or discharged, the sum of 108. $ 4.
HEATING OF Pitch, &c.—By the 5 Geo. II. c. 20. if any master of any ship, or any other persons on board the same, shall, while such ship shall lie or be in the river of Thames, between London-bridge and Blackwall, heat or melt, or cause or permit to be heated or melted, by fire, logger-heat, shot, or any other thing, on board any such ship, any pitch, tar, rosin, grease, tallow, oil, or other combustible matter or