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IX. It shall and may be lawful to and for the said wharfWharfinger to inger, or any person duly authorized, in writing, by the said demand wharfwharfinger, during the time that any ship or vessel shall con- age daily. tinue to use the said wharf for the purposes aforesaid, daily and every day, to ask, demand and recover from the master or commander, owner or agent, of the said ship or vessel, the several rates of wharfage to which the said ship or vessel shall or may be liable: provided that such agent or agents of such ship or vessel shall be liable to pay the same only, when an account shall be delivered to, or in case of absence, left at his or their place of residence; and the money demanded of him or them, or his or their Clerk, before sailing or departure of such ship or vessel from port; and upon refusal of payment, Mode of recosuch wharfinger is hereby directed to sue for and recover such very of wharfrates of wharfage, before any one of Her Majesty's Justices of age. the Peace, or a Commissioner of small debts, which said Justice or Commissioner is hereby required, on the oath of such wharfinger, or of one or more credible witness or witnesses, of the amount being due, to cause a capias to be issued for the recovery of the same, and immediately to proceed and adjudicate thereon, and to proceed for the amount of such judgment, together with costs, as provided for in the twelfth section of this Act.

goods, &c., on

X. If any lumber, or other goods, or ballast, or rubbish, Penalty on pershall be laid or left upon the wharf, contrary to the directions son leaving of the wharfinger for the time being, the party so offending wharf, contrashall be liable to a fine not exceeding two pounds, with costs, ry to orders of over and above the charges of removing the same therefrom, wharfinger, &c. in case the wharfinger shall cause the same to be removed, as he is herein before authorized to do.

sels, to be taken

XI. The person in charge of any vessel lying at the said Wharfinger wharf, when directed by the wharfinger so to do, shall cause may direct the lower yards to be peaked, and the jib-boom and main-booms of vesboom to be rigged in or taken on board the said vessel, under in, &c. a penalty not exceeding twenty shillings; and if the owner, master, or person in charge of any vessel, shall allow such vessel, through neglect or otherwise, to injure the said wharf, such person shall be liable for every such offence, to a fine not exceeding twenty shillings, over and above the amount of damage done to the said wharf; and the said amount of damage shall be recovered, at the suit of the wharfinger, by action in any Court of competent jurisdiction.

account, &c. to

XII. Every wharfinger, appointed under the provisions of Wharfinger to this Act shall, quarterly, in each and every year, furnish, on Commissioner oath, a detailed account of and pay over to the Commissioner of highways. of highways for the district in which such wharf may be situate, all moneys that may come into his hands, either by wharf

age or fines or penalties imposed by this Act, under a penalty of ten pounds for each and every such neglect and refusal, the same to be recovered by bill, plaint or information, in Her Majesty's Supreme Court of Judicature; and shall also be liable to be displaced from his situation as wharfinger, onehalf of which said wharfage shall be retained for his services, at the time of paying over the same, as aforesaid, and the other half of said wharfage, together with the fines and penalties, shall be applied by the said Commissioner of highways, towards the necessary repairs of the wharf situate in the district for which such Commissioner may have been appointed; and for each and every neglect of the other duties imposed on the neglect of duty wharfinger by this Act, he shall forfeit and pay a sum not exceeding five pounds, to be recovered, on the oath of one or more credible witness or witnesses, before any two of Her Majesty's Justices of the Peace or Commissioners of small debts, and applied as herein before directed.

Penalty on

wharfinger for

&c.

Mode of reco

very of other penalties imAct.

posed by this

What shall be

XIII. All fines and penalties that may arise under and by virtue of this Act, in respect of the said wharf at Georgetown, or other wharfs, affected by this Act, except such fines and penalties as are hereby imposed upon the wharfinger, shall be sued for, and recovered, together with costs, upon the oath of said wharfinger, or any other credible witness, before any one of Her Majesty's Justices of the Peace or a Commissioner of small debts, to be, on default of payment, levied by warrant of distress and sale of the offenders' goods and chattels; and if no goods and chattels can be found whereon to levy the same, it shall and may be lawful for the said Justice or Commissioner of small debts to commit the parties so offending to the jail of the County wherein the wharf, in respect of which such fine or penalty shall have been incurred, may be situate, for a period not exceeding two calendar months.

XIV. No wharf in this Island shall be deemed a public deemed a pub- wharf, within the meaning of this Act, unless vessels of not less than ten tons can safely lie thereat.

lic wharf.

Wharfingers for

any wharfs in

same manner

XV. The appointment of wharfingers for any public wharf in this Island shall be made in the same manner, and their this Island, to salaries, excepting the salary of wharfingers for the wharfs in be appointed in Charlottetown, shall be the same as the wharfinger appointed as Georgetown for the said wharf at Georgetown; and all the enactments, wharfinger. fines, penalties, provisions, regulations, and every clause, matter and thing in this Act contained, in respect of the said public wharf at Georgetown, shall henceforth be extended and applied, in every respect, to such public wharfs in this Island, as are last above described, save and except the wharfs in Charlottetown.

Continuance of Act.

XVI. This Act shall continue and be in force for ten

years from the passing thereof, and from thence to the end of the then next session of the General Assembly, and no longer.

CAP. XIV.

An Act to prevent the running at large of swine within the town and royalty of Princetown.

This Act remains in force, but has been printed in the volume of private and local Acts, pursuant to Act 24 Vic., c. 3.

CAP. XV.

An Act to continue and amend the Act relating to emigrants.

[Passed April 17th, 1855.]

WHEREAS the Act of the fourteenth Victoria, chapter

eleven, intituled "An Act relating to emigrants," will shortly expire, and it is desirable to continue and amend the

same:

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: That from and after the passing of this Act, so much of the first section of the hereinbefore recited Act, as defines the amount of rate or head duty on emigrants or passengers arriving in this Island, be, and the same is hereby repealed; and instead of the several sums thereby imposed as a rate or head duty on emigrants, the sum of twelve shillings and six pence, and no more, save and except as the same is directed by the said section of the said Act to be increased in the event of any vessel being kept at quarantine, shall be collected, levied and paid for every emigrant or passenger landing in this Island, at any time after the passing of this Act.

II. That all emigrants and passengers, between the ages of eighteen months and twelve years, shall be subject only to the payment of the rate or head duty of six shillings and three pence currency.

III. The said herein before recited Act, and every clause, matter and thing therein contained, save and except in so far as the same is hereby repealed and amended, shall be, and the same is hereby continued for the space of ten years from the passing hereof, and from thence to the end of the then next session of the General Assembly, and no longer.

14 Vic., c. 11.

Repeals so
much of first

section of 14
Vic., c. 11, as
defines the
duty, &c.,
on emigrants.

amount of
head

What emigrants only duty.

liable to half

Continues 14 Vic., c. 11, with certain

exceptions, for

10 years.

Controller of customs, &c.,

town to be ex

officio registrar
of shipping for

Prince Edward
Island.

Amount of salary to be

paid to the contoms, &c., for

troller of cus

CAP. XVI.

An Act relating to the offices of controller of customs and navigation laws for Charlottetown, and collector of excise and registrar, and his assistant, and surveyor of shipping.

[Passed April 17th, 1855.]

WHEREAS the Imperial Government has ceased to main

tained customs' establishments within this Island, and have discontinued the services of those officers who formerly discharged the duties thereof, which duties are now required to be performed by a controller of customs and navigation laws, and other officers appointed and paid by the Government of this Island; and whereas it is deemed expedient that, amongst other duties required to be performed by the controller of customs and navigation laws for Charlottetown, shall be that of registering British ships as pointed out in the Act of the Imperial Parliament of Great Britain and Ireland, made and passed in the seventeenth and eighteenth years of the reign of Her present Majesty, chapter one hundred and four, intituled "An Act to consolidate and amend the Acts relating to merchant shipping;" and it is therefore necessary to provide for the payment of such officer, and also of an assistant to him, who shall also act as clerk or assistant to the collector of excise and impost duties, and collector of light and all other duties pertaining to the office for Charlottetown:

I. Be it therefore enacted, by the Lieutenant Governor, Council and Assembly, as follows: The controller of customs and navigation laws for Charlottetown shall, from and after the passing of this Act, and so soon as the said recited Act of the Imperial Parliament of Great Britain and Ireland, seventeenth and eighteenth Victoria, chapter one hundred and four, shall go into force and operation, be ex officio the registrar of shipping for Prince Edward Island, under the rules and regulations contained in the said Imperial Act, and shall be entitled and required to exercise all the powers, and be empowered and required within this Island to perform all the duties given or required to be performed in and by such Act, by registrars of shipping appointed or acting thereunder.

II. There shall be allowed and paid to the controller of customs and navigation laws for Charlottetown, as and for the salary of that office, the sum of one hundred pounds per annum; and all fees of office, allowances and emoluments payable Charlottetown, to him under this Act or otherwise, and whether as such controller of customs and navigation laws, or registrar of shipping, or otherwise, or into his office, shall be paid by him into the treasury of this Island, to and for the use of the Government thereof.

III. It shall be lawful for the Lieutenant Governor of this Island, with the advice and consent of the Executive Council, after the passing of this Act, to nominate and appoint a fit and proper person to the office of assistant to the collector of impost and light duty, and controller of customs and navigation laws, to perform his several duties as prescribed in and by the several Acts of this Island, now or hereafter to be in force, or which otherwise by law he is required or authorized to do as such collector of impost and controller of customs and navigation laws or registrar of British shipping; and such assistant shall, before entering on the duties of his office, give security in the usual manner for the faithful and proper discharge of the duties of his office, and to pay over to, and account with the principal in such office for all moneys to be by him received therein.

[blocks in formation]

post, &c., for
to be head of
the customs &
excise depart-
ments for P. E.
Island.

Charlottetown

IV. The collector of impost and excise and controller of Collector of imcustoms and navigation laws for Charlottetown, shall hereafter be the head of the customs and excise departments for Prince Edward Island; and the collectors of excise and controllers of customs and navigation laws for the several out ports in the said Island, and other officers of excise and customs therein, shall receive their orders and instructions from the Government through him, and shall severally, within fifteen days after the termination of each quarter, furnish to him, at his office, a full account and return of all business done in their respective offices as such collectors, controllers and officers, up to the end of each quarter, with full and accurate particulars of all entries and payments made to them, or in their offices.

V. The Lieutenant Governor, with the advice and consent Power to Lt aforesaid, shall have power to remove any such assistant from Governor, &c., his office, and appoint another person to fill up any vacancy accruing in such office, from such removal, or from death or resignation.

VI. There shall be allowed and paid to the assistant to be appointed under this Act, as and for the salary of his office, the sum of one hundred pounds per annum, to be paid quarterly by warrants drawn in the usual manner on the Treasurer of this Island.

VII. The controller of customs and navigation laws for Charlottetown shall, with respect to the registry of British shipping, take and receive in his office the fees and amounts following, that is to say:

For every certificate of registry, five shillings.

For every declaration taken or made before the registrar, one shilling.

For every search in registrar's office, one shilling.

to remove assistant, &c.

Salary of assis

tant.

Fees to be taken

by the controller of customs,

&c.

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