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ing to estab

lished Rules.

Exemption of
Vessels in Her
Majesty's Ser-
vice, &c. from

Rates.

Vessels return

of Weather not to pay Rates

ascertained according to the Rules of Admeasurement for the Time being established by Law for regulating the Admeasurement of the Tonnage and Burden of the Merchant Shipping of the United Kingdom.

XXVIII. Nothing in this or the special Act contained shall extend to charge with Rates or Duties, or to regulate or subject to any Control, any Vessel belonging to or employed in the Service of Her Majesty, Her Heirs and Successors, or any Member of the Royal Family, or in the Service of the Customs or Excise, or of the Corporation of Trinity House of Deptford Strond, or the Commissioners of Northern Lights, using the Harbour, Dock, or Pier, and not conveying Goods for Hire, or any Packet Boat or Post Office Packet, being a Packet Boat or Post Office Packet as defined under the Provisions of any Act relating to the Post Office, or any Post Office Bag of Letters conveyed by any such Packet Boat or Packet, or by any other Vessel whatsoever, or any of the Officers or Persons employed in the Service of the Admiralty, Ordnance, Customs, Excise, or Post Office, or their Baggage, or any Vessel or Goods being under Seizure by the Officers of Revenue, or any Naval, Victualling, or Ordnance Stores, or other Stores or Goods for the Service of or being the Property of Her Majesty, or any Troops landed upon or delivered or disembarked from any of the Quays of the Harbour, Dock, or Pier, or their Baggage, but all such Vessels, Officers, or Persons as aforesaid shall have the free Use of the Harbour, Dock, or Pier without any Charge or Rate being made for using the same: Provided always, that if any Person claim and take the Benefit of any such Exemption as aforesaid without being entitled thereto he shall for every such Offence be liable to a Penalty not exceeding Ten Pounds.

XXIX. If any Vessel for which the Rates have been paid ing from Stress be obliged, from Stress of Weather or other sufficient Cause, after leaving the Harbour, Dock, or Pier, to return with the same Cargo, the Rates so paid shall not again be payable in respect of such Vessel.

again.

Power to vary

the Rates from Time to Time.

As to the Rates

on Foreign Vessels where

Treaties of Re

XXX. The Undertakers may from Time to Time vary the Rates or any of them respectively in such Manner as they think expedient, by reducing or raising the same, provided that the Rates do not in any Case exceed the Amount authorized by the special Act to be taken, and provided also that the Rates be at all Times charged equally to all Persons in respect of the same Description of Vessel and the same Description of Goods.

XXXI. Provided always, That the Rates chargeable by this or the special Act upon Vessels not entitled to the Privileges of a British Ship, or upon Goods imported or exported in such ciprocity exist. Vessel, or upon Persons not being British Subjects, shall not be applicable to Vessels belonging to Countries with which Treaties of Reciprocity shall have been concluded, so long as such Treaties shall continue in force, nor to the Goods imported or exported therein, nor to the Subjects of such Countries, but during such Period the same Rates shall be levied upon the Vessels of such Countries, and upon the Goods imported or

exported

exported therein, and upon the Subjects of such Countries, as may be from Time to Time payable under this or the special Act upon Vessels entitled to the Privileges of British Ships, or upon Goods imported or exported in such Vessels, or upon the Subjects of such Countries.

XXXII. The Undertakers may from Time to Time agree with the Proprietors or Masters of Vessels engaged in transporting Passengers, or with any other Persons using the Dock, Harbour, or Pier, either for Purposes of Business or Pleasure, for the Payment of a fixed Sum, payable in advance, as a Composition, by the Year or other shorter Period, for the Rates payable by or in respect of such Passengers or their Luggage, or by such other Persons as aforesaid: Provided always, that if the Undertakers at any Time make any such Agreement by way of Composition as aforesaid, the Proprietors or Masters of all other Vessels engaged in like Manner, and all other Persons using or frequenting the Harbour, Dock, or Pier as aforesaid, may compound for the Rates payable by them respectively upon the like Terms as shall be contained in such Agreement, and the Undertakers shall accept such Composition accordingly, to the Intent that such Rates may not be compounded for partially or in favour of any particular Person or Party whatsoever. XXXIII. Upon Payment of the Rates made payable by this and the special Act, and subject to the other Provisions thereof, the Harbour, Dock, and Pier shall be open to all Persons for the shipping and unshipping of Goods and the embarking and landing of Passengers.

And with respect to the Collection and Recovery of Rates, be it enacted as follows:

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Collector may enter Vessels to

ascertain Rates

XXXIV. The Collector of Rates may, either alone or with any other Persons, enter into any Vessel within the Limits of the Harbour, Dock, or Pier, in order to ascertain the Rates payable payable. in respect of such Vessel, or of any Goods therein.

Vessel.

XXXV. Within Twenty-four Hours after the Arrival within Master to rethe Limits of the Harbour, Dock, or Pier of any Vessel liable port Arrival of to Rates, the Master of such Vessel shall report such Arrival to the Harbour Master, and if he fail to make such Report Penalty for within the Time aforesaid he shall be liable to a Penalty not Neglect. exceeding Ten Pounds.

Cerificate of

XXXVI. The Master of every registered Vessel shall, on Master of VesDemand, produce the Certificate of the Registry of such Vessel sel to produce to the Collector of Rates, and if any such Master refuse or Registry. neglect to make such Production, on Demand, he shall be liable to a Penalty not exceeding Twenty Pounds.

counts of Goods

XXXVII. When any Goods are intended to be unshipped Masters of Veswithin the Limits of the Harbour, Dock, or Pier, the Master sels to give Acof the Vessel containing such Goods shall, within Twelve intended to be Hours after the Arrival of such Vessel within the Limits of the unshipped withHarbour, Dock, or Pier, deliver to the Collector of Rates, the in the Limits, Name of the Consignee of the Goods intended to be unshipped, or other Person to whom the same are to be delivered, and, if

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&c.

Rates.

10 VICT. Collection of the whole Cargo be intended to be unshipped, a Copy of the Bill of Lading or Manifest of the Cargo, or, if Part only of the Cargo be intended to be unshipped, the best Account in Writing in his Power of the Kinds, Weights, and Quantities of the several Goods intended to be unshipped; and every such Master shall, if required so to do by the Collector of Rates, give to him Twelve Hours Notice of the Time at which the Cargo of such Vessel, or any Part of the same, is intended to be unshipped.

Penalty on

Masters giving a false Account, of Goods to be unshipped.

no Account, or

Shippers to give

an Account of

Goods intended to be shipped.

In case of Dispute between Collector and Master, &c. Goods to be weighed or measured.

As to the Ex

pences of weigh ing or measuring Goods.

Rates on Goods when payable.

XXXVIII. Every Master of a Vessel of which the Cargo or Part of the Cargo shall be unshipped within the Limits of the Harbour, Dock, or Pier, who shall have failed to deliver or to give any of the Particulars in regard to the Cargo or the Notice in regard to the Unshipment thereof herein-before required to be delivered or given by such Master, or who shall deliver or give any false Particulars or Notice, shall for every such Offence be liable to a Penalty not exceeding Ten Pounds.

XXXIX. Before any Person shall ship any Goods on board of any Vessel lying within the Limits of the Harbour, Dock, or Pier, he shall give to the Collector of Rates a true Account, signed by him, of the Kinds, Quantities, and Weights of such Goods; and every Person who shall ship any Goods in any such Vessel, without having given such Accounts, or who shall give or sign a false Account of such Goods, shall for every such Offence be liable to a Penalty not exceeding Ten Pounds.

XL. If any Difference arise between the Collector of the Rates and the Master of any Vessel or the Owner of any Goods, concerning the Weight or Quantities of the Goods in respect of which any Rates are payable, such Collector may cause all such Goods to be weighed or measured, and, if necessary, may detain the Vessel containing such Goods until they have been weighed or measured.

XLI. If the Weight or Quantity of such Goods be greater than that shown by the Manifest, Bill of Lading, Account, or Statement delivered by the Master of the Vessel or by the Owner of the Goods, the Expences of such weighing or measuring shall be paid to the Undertakers, and shall be recoverable by the same Means as are herein or in the special Act provided for the Recovery of Rates; but if the Weight or Quantity of such Goods be the same or less than that shown by the Manifest, Bill of Lading, Account, or Statement so delivered, the Undertakers shall pay all the Expences of such weighing or measuring, and shall also pay to the Master of the Vessel or to the Owner of the Goods all the Expences occasioned by such weighing or measuring, or by the Detention of the Vessel for that Purpose.

XLII. The Rates payable to the Undertakers in respect of any Goods shipped or unshipped within the Limits of the Harbour, Dock, or Pier shall be paid as follows; (that is to say,) if such Goods are to be shipped they shall be paid before the Shipment, or if such Goods are to be unshipped they shall be paid before the Removal of the Goods from the Premises of the Undertakers,

Undertakers, and before the Expiration of Two Months next after they were unshipped.

Collection of

Rates.

by Distraint of Ship and

Tackle.

XLIII. If the Master of any Vessel or the Owner of any Penalty on Goods evade the Payment of the Rates payable to the Under- evading Paytakers in respect of such Vessel or Goods, or any Part thereof, ment of Rates. he shall pay to them Three Times the Amount of the Rates of which he shall so have evaded the Payment, and the same shall be recovered from such Master or Owner respectively in the same Manner as Penalties imposed by this Act are directed to be recovered, or by Action in any Court of competent Jurisdiction. XLIV. If the Master of any Vessel in respect of which any Recovery of Rate is payable to the Undertakers refuse or neglect to pay Tonnage Rates the same, or any Part thereof, the Collector of Rates may, with such Assistance as he may deem necessary, go on board of such Vessel and demand such Rates, and on Nonpayment thereof, or of any Part thereof, take, distrain, or arrest, of his own Authority, such Vessel, and the Tackle, Apparel, and Furniture belonging thereto, or any Part thereof, and detain the Matters so distrained or arrested until the Rates are paid; and in case any of the said Rates shall remain unpaid for the Space of Seven Days next after any Distress or Arrestment so made, the said Collector may cause the Matters so distrained or arrested to be appraised by Two or more Sworn Appraisers, and afterwards cause the Matters distrained or arrested, or any Part thereof, to be sold, and with the Proceeds of such Sale may satisfy the Rates so unpaid, and the Expences of taking, keeping, appraising, and selling the Matters so distrained or arrested, rendering the Overplus (if any) to the Master of such Vessel upon Demand.

Rates on Goods.

XLV. If Default be made in the Payment of the Rates pay- Recovery of able in respect of any such Goods, the Collector of Rates may distrain or arrest, of his own Authority, such Goods, and for that Purpose may enter any Vessel within the Limits of the Harbour, Dock, or Pier in which the Goods may be, with such Assistance as he shall deem necessary, or if the said Goods have been removed without Payment of such Rates he may distrain or arrest any other Goods within the Limits of the Harbour, Dock, or Pier, or the Premises of the Undertakers, belonging to the Person liable to pay such Rates, and may sell the Goods so distrained or arrested, and out of the Proceeds of such Sale pay the Rates due to the Undertakers, rendering the Overplus, if any, to the Owner of such Goods, on Demand; or the Undertakers may recover such Rates by Action in any Court having competent Jurisdiction: Provided always, that the Collector of Rates shall, before making any such Distress or Arrestment as aforesaid, pay all Duties which may be payable to Her Majesty in respect of the Goods so distrained or arrested, and he may retain the Amount of Duties so paid out of the Proceeds arising from the Sale of such Goods.

XLVI. If any Dispute arise concerning the Amount of any Rates due, or the Charges occasioned by any Distress or Arrestment, by virtue of this or the special Act, the Person making

such

Disputes concerning Rates casioned by

or Charges oc

Distress to be settled by a Justice in Eng

land or Ireland,

and in Scotland by the Sheriff.

List of Rates

to be set up in large and legible

Characters.

Collector of

Customs may withhold a Clearance to

any Vessel until

the Rates paid.

Account of
Rates.

Undertakers to keep Account of Rates and Vessels, &c.

such Distress or using such Arrestment may detain the Goods distrained or arrested until the Amount of the Rates due or the

Charges of such Distress or Arrestment be ascertained by a Justice, if in England or Ireland, and by the Sheriff if in Scotland, who, upon Application made to him for that Purpose, shall determine the same, and award such Costs to be paid by either of the Parties to the other of them as he shall think reasonable, and such Costs, if not paid on Demand, shall be levied by Distress or Poinding and Sale, and such Justice or Sheriff shall issue his Warrant accordingly.

XLVII. The Undertakers shall from Time to Time cause to be painted on Boards, or to be printed and attached to Boards, in large and legible Characters, a List of the several Rates for the Time being payable, and shall cause such Boards containing such Lists to be fixed in front of the principal Office of Business of the Undertakers, and on some conspicuous Part of the Quays of the Harbour, Dock, or Pier; and no Rate shall be payable during such Time as such List is not so affixed, nor shall any Rate not specified in such List be payable: Provided always, that if any such List be destroyed, injured, or obliterated, the Rates shall continue payable during such Time as may be reasonably required for the Restoration or Reparation of such List, in the same Manner as if such List had continued affixed and in the State required by this Act.

XLVIII. The Collector or other proper Officer of Her Majesty's Customs for the District within which the Harbour, Dock, or Pier is situate may, with the Consent of the Commissioners of Her Majesty's Customs, refuse to receive any Entry or give any Cocquet, Discharge, or Clearance, or to take any Report inwards or outwards of any Vessel liable to the Payment of any of the Rates imposed by the special Act, until the Master of such Vessel produces to such Collector or Officer a Certificate, under the Hand of the Collector of Rates, that the Rates payable in respect of such Vessel, and any Goods imported or exported by such Vessel, have been paid, or, if there be any Dispute as to the Rates payable, until such Collector or Officer shall be satisfied that sufficient Security has been given for the Payment of such Rates when ascertained, together with the Expences arising from the Nonpayment thereof.

And with respect to the Accounts to be kept of the Rates, and of the Vessels in respect of which they are payable, be it enacted as follows:

XLIX. The Undertakers shall keep Books of Account, in which shall be entered the several Sums received by or payable to them for Rates in respect of Vessels, the Tonnage of each Vessel for which such Rates are received or payable, the Name of the Master thereof, the Port to which such Vessel belongs, the Place from which on each Occasion such Vessel arrived, and the Place to which on each Occasion such Vessel is bound, and also the several Sums received by or payable to them in respect

of

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