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Protection of special Provision is made are by this Act directed to be ascertained and recovered.
against Offences herein
named: Boiling or heating Pitch,
Fires in Vessels.
Power to enter
Ship and search
for and extinguish Fires or Lights.
Penalty for throwing Ballast, &c., into Harbour or Dock.
LXXI. Every Person who shall commit any of the Acts following shall be deemed guilty of an Offence, and shall for every such Offence be liable to a Penalty not exceeding Ten Pounds; (that is to say,)
1. Every Person who shall boil or heat any Pitch, Tar, Resin, Turpentine, Oil, or other combustible Matter in any Vessel lying within the Harbour or Dock or near the Pier, or in any Place within the Limits of the Harbour, Dock, or Pier, except in such Place and in such Manner as shall be specially appointed by the Undertakers for that Purpose:
2. Every Person who shall have or cause to be had any Fire or lighted Candle or Lamp in any Vessel within the Harbour or Dock, or at or near the Pier, except with the Permission of the Harbour Master:
3. Every Person who shall have or cause to be had any Fire, Candle, or Lamp lighted within any of the Docks or the Works belonging to the same, except at such Times and in such Manner as shall be permitted by the Bye Laws of the Undertakers:
4. Every Person who shall bring any loaded Gun on the Quays or Works of the Harbour or Dock or on the Pier, or shall have or suffer to remain any loaded Gun in any Vessel in the Harbour or Dock or at or near the Pier: 5. Every Person who shall, without the Permission of the Undertakers, bring or suffer to remain any Gunpowder on the Quays or Works of the Harbour or within the Dock, or on the Pier or in any Vessel within the Harbour, or Dock, or at or near the Pier.
LXXII. The Harbour Master may enter into any Vessel within the Harbour or Dock or at or near the Pier, to search for any Fire or Light in or suspected to be in such Vessel contrary to the Provisions of this or the special Act, or of any Bye Law made in pursuance thereof, and may extinguish the same; and any Person who shall obstruct the Harbour Master in the Execution of such Duty shall for every such Offence be liable to a Penalty not exceeding Ten Pounds.
LXXIII. Every Person who shall throw or put any Ballast, Earth, Ashes, Stones, or other Thing into the Harbour or Dock shall for every such Offence be liable to a Penalty not exceeding Five Pounds: Provided always, that nothing in this Act contained shall prejudice or prevent any Person from adopting any Measures which but for the passing of this Act he would be lawfully entitled to adopt for recovering any Land which shall at any Time have been lost to him, or severed from Land belonging to him, by reason of the Overflowing or Washing of any navigable River, or for protecting his Land from future Loss or Damage by the Overflowing or Washing of such navigable River.
LXXIV. The Owner of every Vessel or Float of Timber Owner of Vessel shall be answerable to the Undertakers for any Damage done answerable for by such Vessel or Float of Timber, or by any Person employed works. Damage to about the same, to the Harbour, Dock, or Pier, or the Quays or Works connected therewith, and the Master or Person having the Charge of such Vessel or Float of Timber through whose wilful Act or Negligence any such Damage is done shall also be liable to make good the same; and the Undertaker may detain any such Vessel or Float of Timber until sufficient Security has been given for the Amount of Damage done by the same: Provided always, that nothing herein contained shall extend to impose any Liability for any such Damage upon the Owner of any Vessel where such Vessel shall at the Time when such Damage is caused be in charge of a duly licensed Pilot, whom such Owner or Master is bound by Law to employ and put his Vessel in charge of.
of Damage to
LXXV. If the Amount claimed in respect of any such As to the RecoDamage as aforesaid do not exceed Fifty Pounds, such Damage very of Amount shall be ascertained, and the Amount thereof shall, in England or Ireland, be recovered before Two Justices, and in Scotland before the Sheriff; and in addition to the Remedies hereby provided for the Recovery of the same, the Justices or Sheriff before whom the same are recovered may cause the Vessel or Float of Timber causing such Damage, and any Tackle and Furniture thereof, to be distrained and kept until the Amount of Damages and Costs awarded by them is paid, and if the same be not paid within Seven Days after such Distress or Keeping may cause the Property so distrained or kept, or any Part thereof, to be sold, and out of the Proceeds of such Sale may pay the Amount of Damages and Costs awarded by such Justices or Sheriff, and all the Charges incurred by the Distress, keeping, and Sale of such Property.
LXXVI. If the Owner of any Vessel or Float of Timber make Satisfaction for any such Damage as aforesaid, wilfully or negligently done by the Master or Person having charge of such Vessel or Float of Timber, or if the Owner of any Vessel or Goods in any other Case have been compelled to pay any Penalty or Costs by reason of any Act or Omission of any other Person, the Person who actually did such Damage or who committed such Offence shall repay to the Owner of such Vessel or such Goods the Amount of the Damage or Penalty and Costs, together with the Costs of the Proceedings to enforce such Repayment; and if such Damage or Penalty respectively do not exceed Fifty Pounds the Sum may, in England or Ireland, be recovered before Two or more Justices, and in Scotland before the Sheriff.
And with respect to Buoys, Lighthouses, and Beacons, be it enacted as follows:
recover Damage from his
Lighthouses, Beacons, and
Power to erect
LXXVII. The Undertakers shall lay down Buoys for the Guidance of Vessels in such Situations within the Limits of the Lighthouses Harbour, Dock, or Pier, and of such Character, as shall from and lay down [No. 21. Price 2d.] Time Buoys, with
Time to Time be directed by the Corporation of Trinity House, Trinity House. Deptford Strond, the Corporation for preserving and improving the Port of Dublin, or the Commissioners of the Northern Lights respectively, according as the Harbour, Dock, or Pier is situated in England, Ireland, or Scotland.
Lights, Beacons, or Sea
marks not to be
LXXVIII. The Undertakers shall not erect any Lighthouse or Beacon, or exhibit or allow to be exhibited any Light, Beacon, or Sea-mark without the Sanction in Writing of the said Corporation of Trinity House, of the said Corporation for preserving and improving the Port of Dublin, or of the said Commissioners of Northern Lights respectively, according as the Harbour, Dock, or Pier is situated in England, Ireland, or Scotland, first having been obtained in that Behalf; and if any such Light, Beacon, or Sea-mark be exhibited with such Sanction as aforesaid, the same shall not be afterwards altered without the like Sanction; and every such Light, Beacon, and Sea-mark shall be of such Power and Description, and shall be from Time to Time discontinued or altered, as the said Corporation or Commissioners respectively shall from Time to Time direct.
And with respect to the Police of the Harbour, Dock, or Dock Police. Pier, be it enacted as follows:
Justices to appoint special Constables
LXXIX. Any Two Justices may appoint such Persons as shall be nominated for that Purpose by the Undertakers to be named by the special Constables within the Limits of the Harbour, Dock, Pier, and Premises of the Undertakers, and within One Mile of the same; and every Person so appointed shall be sworn in by any such Justices duly to execute the Office of a Constable within the Limits aforesaid, and when so sworn in shall have the same Powers, Protections, and Privileges within the Limits aforesaid, and shall be subject to the same Liabilities, as Constables have or are subject to by the Laws of the Realm.
LXXX. Any Two Justices may dismiss any such Constable from his Office, and upon such Dismissal all Powers, Protections, and Privileges vested in such Constable shall cease.
And with respect to the Appointment of Meters and and Weighers. Weighers, and their Duties, be it enacted as follows:
Power to appoint Meters and Weighers.
LXXXI. Where under the special Act the Undertakers shall have the Appointment of Meters and Weighers, the Undertakers may appoint and license a sufficient Number of Persons to be Meters and Weighers within the Limits of the Harbour, Dock, and Pier, and remove any such Persons at their Pleasure, and may make Regulations for their Government, and fix reasonable Rates to be paid, or other Remuneration to be made to them for weighing and measuring Goods.
LXXXII. When a sufficient Number of Meters and Weighers have been appointed by the Undertakers, under the Powers of to be employed. this and the special Act, the Master of any Vessel, or the Owner of any Goods shipped, unshipped, or delivered within or upon the Harbour or Dock or Pier, shall not employ any Person
other than a Weigher or Meter licensed by the Undertakers, or appointed by the Commissioners of Her Majesty's Customs, and Weighers. to weigh or measure the same; and if in such Case any Person other than a Meter or Weigher licensed by the Undertakers, other than or a Meter or Weigher appointed by the Commissioners of Her licensed Meters, Majesty's Customs, shall weigh or measure any such Goods as &c. weighing aforesaid, such Person, as well as the Person by whom he shall be employed, shall for every such Offence be liable to a Penalty not exceeding Five Pounds, and the weighing or Measurement of any such Goods by any such Person shall be deemed illegal. And with respect to the Bye Laws to be made by the Undertakers, be it enacted as follows:
LXXXIII. The Undertakers may from Time to Time make such Bye Laws as they shall think fit for all or any of the following Purposes; (that is to say,)
For regulating the Use of the Harbour, Dock, or Pier:
For regulating the Admission of Vessels into or near the
For regulating the shipping and unshipping, landing, warehousing, stowing, depositing, and removing of all Goods within the Limits of the Harbour, Dock, or Pier, and the Premises of the Undertakers:
For regulating (with the Consent of the Commissioners of Her Majesty's Customs) the Hours during which the Gates or Entrances or Outlets to the Harbour, Dock, or Pier shall be open:
For regulating the Duties and Conduct of all Persons, as well the Servants of the Undertakers as others, not being Officers of Customs or Excise, who shall be employed in the Harbour, Dock, or Pier, and the Premises of the Undertakers:
For regulating the Use of Fires and Lights within the Harbour, Dock, or Pier, and the Premises belonging thereto, and within any Vessel being within the Harbour or Dock, or at or near the Pier, or within the prescribed Limits (if any): For preventing Damage or Injury to any Vessel or Goods within the Harbour or Dock, or at or near the Pier, or on the Premises of the Undertakers:
For regulating the Use of the Cranes, Weighing Machines,
For regulating the Duties and Conduct of the Porters and
Bye Laws may be made for all
or any of the Purposes herein named.
Bye Laws may be repealed or altered from
Time to Time.
Bye Laws may
And the Undertakers may from Time to Time, as they shall think fit, repeal or alter any such Bye Laws: Provided always, that such Bye Laws shall not be repugnant to the Laws of that Part of the United Kingdom where the same are to have Effect, or the Provisions of this or the special Act; and such Bye Laws shall be reduced into Writing, and have affixed thereto the Common Seal of the Undertakers if they be a Body Corporate, or the Signatures of the Undertakers or Two of them if they be not a Body Corporate, and if affecting other Persons than the Officers or Servants of the Undertakers shall be confirmed and published as herein provided.
LXXXIV. The Undertakers may, by the Bye Laws so to be enforced by be made by them, impose such reasonable Penalties as they shall think fit, not exceeding Five Pounds for each Breach of such Bye Laws: Provided always, that such Bye Laws shall be so framed as to allow the Justices or Sheriff before whom any Penalty imposed thereby shall be sought to be recovered to order the whole or Part only of such Penalty to be paid.
No Bye Laws to come into
operation until allowed in the
Manner prescribed, and approved by one of the Judges.
Notice of Al
lowance of Bye
LXXXV. No Bye Laws made under the Authority of this or the special Act, except such as relate solely to the Undertakers or their Officers or Servants, shall come into operation until the same be confirmed in the prescribed Manner, and if no Manner of Confirmation be prescribed then not until they be allowed by some Judge of One of the Superior Courts, or in England or Ireland by the Justices at the Quarter Sessions, or in Scotland by the Sheriff; and it shall be incumbent on such Justices or Sheriff, on the Request of the Undertakers, to inquire into any Bye Laws tendered to them for that Purpose, and to allow or disallow of the same, as they shall think meet.
LXXXVI. Provided always, That no such Bye Laws shall be confirmed unless Notice of the Intention to apply for a Confirmation of the same have been given in One or more Newsor more News- papers of the County in which the Harbour, Dock, or Pier, or
Laws to be given in One
A Copy of proposed Bye Laws to be open to Inspection.
the principal Office thereof, is situate, One Month at least before the hearing of such Application; and any Person desiring to object to any such Bye Law, on giving to the Undertakers Notice of the Nature of his Objection Ten Days before the hearing of the Application for the Allowance thereof, may, by himself or his Counsel, Attorney, or Agent, be heard thereon, but not so as to allow more than One objecting Party to be heard on the same Matter of Objection.
LXXXVII. For One Month at least before any such Application for Confirmation of any Bye Laws, a Copy of the proposed Bye Laws shall be kept at the principal Office of the Undertakers; and all Persons may, at all reasonable Times, inspect such Copy without Fee or Reward, and the Undertakers shall furnish every Person who shall apply for the same with a Copy thereof, or of any Part thereof, on Payment of Sixpence for every One hundred Words so to be copied.
LXXXVIII. The said Bye Laws when confirmed shall be published in the prescribed Manner, and when no Manner of Publication is prescribed they shall be printed; and the Clerk