said convention and herein-before recited; and that if any such under penalty foreign ship, vessel, or boat, or any persons on board thereof, shall of confiscation. be found fishing, or to have been fishing, or preparing to fish within such distance of such coasts, bays, creeks, or harbours, within such parts of his Majesty's dominions in America out of the said limits as aforesaid, all such ships, vessels, and boats, together with their cargoes, and all guns, ammunition, tackle, apparel, furniture, and stores shall be forfeited, and shall and may be seized, taken, sued for, prosecuted, recovered, and condemned by such and the like ways, means, and methods, and in the same courts, as ships, vessels, or boats may be forfeited, seized, prosecuted, and condemned for any offence against any laws relating to the revenue of customs, or the laws of trade and navigation, under any Act or Acts of the Parliament of Great Britain, or of the United Kingdom of Great Britain and Ireland; provided that nothing in this Act contained shall apply or be Saving as construed to apply to the ships or subjects of any prince, power, to vessels of or state in amity with his Majesty, who are entitled by treaty titled thereto with his Majesty to any privilege of taking, drying, or curing by treaty. fish on the coasts, bays, creeks, or harbours, or within the limits in this Act described.

any power en

fishermen may

subject to such

3. Provided always, and be it enacted, that it shall and may American be lawful for any fisherman of the said United States to enter enter such bays, into any such bays or harbours of his Britannic Majesty's &c. for the dominions in America as are last mentioned for the purpose of purpose of shelter and repairing damages therein, and of purchasing wood shelter, &c. and of obtaining water, and for no other purpose whatever; restrictions as subject nevertheless to such restrictions as may be necessary to may be imprevent such fishermen of the said United States from taking, vent abuse of posed to predrying, or curing fish in the said bays or harbours, or in any privileges. other manner whatever abusing the said privileges by the said treaty and this Act reserved to them, and as shall for that purpose be imposed by any order or orders to be from time to time made by his Majesty in council under the authority of this Act, and by any regulations which shall be issued by the governor or person exercising the office of governor in any such parts of his Majesty's dominions in America, under or in pursuance of any such order in council as aforesaid.

so to do or

4. And be it further enacted, that if any person or persons, Penalty on upon requisition made by the governor of Newfoundland, or the persons refusing to deperson exercising the office of governor, or by any governor, or part from such person exercising the office of governor, in any other parts of his bays, &c., Majesty's dominions in America as aforesaid, or by any officer or when required officers acting under such governor, or person exercising the disobeying office of governor, in the execution of any orders or instructions regulations from his Majesty in council, shall refuse to depart from such bays made under or harbours; or if any person or persons shall refuse or neglect to conform to any regulations or directions which shall be made or given for the execution of any of the purposes of this Act;

21936.

C

this Act.

every such person so refusing or otherwise offending against this Act shall forfeit the sum of two hundred pounds, to be recovered in the superior court of judicature of the island of Newfoundland, or in the superior court of judicature of the colony or settlement within or near to which such offence shall be committed, or by bill, plaint, or information in any of his Majesty's courts of record at Westminster; one moiety of such penalty to belong to his Majesty, his heirs and successors, and the other moiety to such person or persons as shall sue or prosecute for the same: Provided always, that any such suit or prosecution, if the same be committed in Newfoundland, or in any other colony or settlement, shall be commenced within three calendar months; and, if commenced in any of his Majesty's courts at Westminster, within twelve calendar months from the time of the commission of such offence.

.

5 George IV.—A.D. 1824.

CAP. XLIX.

An Act for enabling the Commissioners for Victualling His Majesty's Navy to purchase certain Premises, for completing a Victualling Establishment at Cremill Point near Plymouth in the County of Devon, and for supplying the said Establishment with Water.(1) [3d June 1824.]

WHEREAS it has been deemed necessary to erect messages,

offices, storehouses, and buildings, and to form a victualling establishment at Cremill Point, in the parish of East Stonehouse, near Plymouth, in the county of Devon, for the purpose of victualling and supplying the ships of his Majesty's navy, resorting to, using, and being in the harbours, roads, and havens within the port of Plymouth; and it is necessary for completing the said establishment, that powers should be given to the commissioners (1) for victualling his Majesty's navy to purchase for and on behalf of his Majesty, his heirs and successors, and to take and use for the public service, all such lands, messuages, tenements, hereditaments, and premises, situated at Cremill Point aforesaid, or within the peninsula of Cremill, as the said commissioners shall have contracted to purchase, or as they shall think necessary and required for the public service, together with all the freehold, leasehold, and other interests in the same: And whereas it is of great importance that the said victualling establishment at Cremill Point should be furnished

(1) This Act, though made a public one, is in its nature local. The first eight sections are inserted as imposing liabilities and conferring rights of some importance on the Admiralty.

(2) See 2 Will. 4. c. 40., p. 73, post, under which the powers and duties of these commissioners are vested in the Admiralty.

with an adequate supply of fresh and wholesome water, for the use thereof: And whereas an Act was passed in the twenty-seventh year of the reign of her Majesty Queen Elizabeth, intituled "An 27 Eliz. c. 20. "Act for the preservation of the haven of Plymouth"; by virtue of which same Act the mayor and commonalty of the town of Plymouth were authorized and empowered to dig or mine a ditch or trench, containing in breadth between six or seven feet over, and in all places through and over all the lands and grounds lying between the said town of Plymouth and any part of the river Mew, alias Mevie, and to dig, mine, break, bank, and cast up all and all manner of rocks, stones, gravel, sand, and all other letts, in any places or grounds, for the convenient or necessary conveying the same river to the said town; which said trench or ditch was accordingly cut and dug, and is now commonly known as the Plymouth Leat, commencing at a certain part of the said river Mew or Meavy called the Weir Head, and from thence passing through the parishes of Sheepstor, Shaw, Meavy, Bickleigh, Buckland Monachorum, Tamerton, Folliot, Saint Budeaux, the tithing of Pennycross otherwise called Weston Peverall, and to the parishes of Saint Andrew and Charles, in the said town of Plymouth; and the inhabitants of the said town and borough, and merchant ships and vessels resorting to the said port, are supplied with water therefrom, by the mayor and commonalty of the said town, under the powers, authorities, and directions of the said Act: And whereas a full and adequate supply of water might be afforded to the said victualling establishment at Cremill Point, and also to the Royal Naval Hospital at East Stonehouse aforesaid, from the said trench or leat, and the said mayor and commonalty are willing to furnish the same; but in order thereto it is expedient that powers should be given for enlarging and deepening the said trench or leat, and cleansing and repairing the bed and banks thereof, and for making, constructing, and establishing dams and reservoirs, and laying down pipes or tunnels, and doing all other necessary acts, and making all needful works, and also for entering into, taking, and purchasing lands and grounds for that purpose: And whereas the powers of the said recited Act are not sufficient for preserving the water in the said trench or leat, and preventing nuisances and annoyances therein, and further provisions are required for that purpose, and for securing a constant supply of water to the said town of Plymouth, for the use of the inhabitants thereof, and the ships and vessels resorting thereto, as well as to the said victualling establishment at Cremill Point and naval hospital aforesaid: May it therefore please your Majesty that it may be enacted, and be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present Parliament assembled, and by the authority of the same, that it shall and may be lawful for the said commis- Establishing sioners for victualling his Majesty's navy, their deputies, servants, and conveyagents, and workmen, and they are hereby authorized and em- ing water to

a reservoir

victualling establishment and to naval hospital.

Corporation

of Plymouth

and commissioners for

powered to enter into and upon the lands and grounds of any person or persons, bodies politic, corporate, or collegiate, whatsoever, situate, lying, and being between the said trench called the Plymouth Leat, and the said victualling establishment at Cremill Point aforesaid, and to survey and take levels of the same or of any part thereof, and at the proper costs and charges of his Majesty, his heirs and successors, to make, construct, and establish, at a convenient spot, the property of his Majesty, adjoining a lane called No Place Lane, leading from the northern turnpike towards the said naval hospital at East Stonehouse aforesaid, a reservoir for receiving and keeping the water to be supplied from the said trench or leat to the said victualling establishment and naval hospital; and also to make, lay down, construct, and establish such main pipes, service, communication, and other pipes, branches of lead, cocks, plugs, drains, penstocks, sluices, and other works, in such manner and of such structure as they shall think proper for conveying the water from the said reservoir in No Place Lane to the said victualling establishment at Cremill Point and naval hospital, and there distributing the same; and for the purposes aforesaid to enter upon, dig, break up, and remove the soil, posts, kirbs, bars, sewers, drains, pavements, and gravelled ways of and in any of the streets, roads, lanes, passages, highways, and public places lying in the direction between the said intended reservoir and the said victualling establishment and naval hospital respectively; and to bore, dig, cut, trench, get, remove, take, carry away, and lay any earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel, sand, or any other matters or things which may be dug or got in making the said intended reservoir, or laying down the said works, or doing any other work or matter for conveying and distributing the said water, or which may hinder, prevent, or obstruct the making, using, completing or maintaining of such reservoir, pipes, branches, and other works, as may be necessary and proper to convey and distribute water from the said trench or leat to the said victualling establishment and naval hospital, and from time to time, as occasion may require, to alter the position of, and to repair, relay, and maintain such reservoir, pipes, and other works, made, laid, constructed, and established by them, and to do all such other acts, matters, and things as shall from time to time be necessary or proper for completing, improving, repairing, amending, maintaining, and using the several works authorized to be done as aforesaid; they the said commissioners, their deputies, agents, servants, and workmen, doing as little damage as may be, and effectually repairing all such streets, roads, lanes, passages, highways, and public places, which shall be opened, broken up, or used in carrying on or completing the several works herein-before described.

2. And be it further enacted, that it shall and may be lawful for the said mayor and commonalty of the town of Plymouth, and for the said commissioners for victualling his Majesty's navy,

the navy to

cleanse and

works thereof.

at the expense of the said mayor and commonalty and of the victualling said commissioners, in the proportions herein-after mentioned make a dam to make, construct, and establish a dam at a certain place on at the Weir the said trench or leat known as the Weir Head, and also such Head, and to other dams, weirs, sluices, reservoirs, and other works, as they deepen the may think necessary for affording the said supplies of water, leat, and reand also to enlarge, widen, open, deepen, cleanse, and scour the pair the bed, said trench or leat and the bed thereof, and to raise, cut, and banks, and repair the banks thereof, and to repair all dams, weirs, and other works now belonging thereto, or used or provided for supplying the said town and borough of Plymouth with water, in such a manner as to them respectively shall seem fit and necessary for obtaining and securing a full and constant supply of fresh water, as well as to the said victualling establishment at Cremill Point and naval hospital, and any other establishments belonging to his Majesty, as herein-after mentioned, as to the said town and borough of Plymouth; and the said mayor and commonalty, and the said commissioners for victualling his Majesty's navy, their deputies, agents, servants, and workmen respectively, are hereby authorized and empowered to enter upon the lands and grounds of any person or persons, bodies politic, corporate, or collegiate, or of any tenant or tenants, lessee or lessees of the said mayor and commonalty, near to or adjoining the said leat, for the purpose of making, constructing, and establishing the said intended dam at the Weir Head, and all such other dams, aqueducts, bridges, weirs, sluices, reservoirs, works, matters, and conveniences as they shall think necessary and proper, as well for the providing and securing the said supplies of water for the purposes aforesaid, as also for viewing, preserving, improving, cleansing, scouring, repairing, and maintaining the said trench or leat, and the banks and works thereof respectively; and also to bore, dig, cut, remove, take and carry away any earth, clay, stone, soil, rubbish, trees, roots of trees, beds of gravel or sand, or any other matters or things which may hinder or obstruct the flow of water in, through, or from the said trench or leat, according to the intent and purpose of this Act; the said mayor and commonalty, and the said commissioners, their deputies, agents, servants, and workmen, doing as little damage as may be in the execution of the several matters aforesaid; and in case of any new cuts, weirs, sluices, dams, aqueducts, or other works being erected, made, or established on any lands or grounds adjoining to the said trench or leat, or in case of the said trench or leat being enlarged and widened to more than the said breadth of seven feet in the said recited Act mentioned, then and in such cases (but not otherwise) making such satisfaction, in manner herein-after mentioned, to the owners, proprietors, and occupiers of, and all persons interested in the lands and grounds which shall be taken, used, occupied, or prejudiced, for all damages to be by them sustained in or by the execution of the powers of this Act: Provided always, that nothing herein contained shall authorize the said commissioners to make any